PISIGNAGE
TERMS OF SERVICE
Last modified: 19 Aug 2019 (See last section for change notes)
1.
general
Welcome to piSignage!
The (i) pisignage.com website and application (“Server”),(ii)
player software (“Player”) and
(iii)piSignage mobile application(“Mobile App”) are owned and offered by Colloqi
Consulting (OPC) Private Limited (“Company”), a company incorporated under the
Companies Act, having its registered office at 167, 37 Cross, 9 Main, Jayanagar
5 Block, Bangalore 560 041, INDIA. The Company, Server, player software and
related services together shall be hereinafter referred to as “piSignage”.
2.
purpose and scope
of agreement
This piSignage Terms Of Service (“Terms”) is the legal agreement between you
(“You”) and Colloqi Consulting (OPC) Private Limited. (“Company”) governing Your use of: (i) any
product that uses the piSignage player Software to display content on the TV or
any other display (a “Player”), (ii) if downloaded by You to a mobile device,
any piSignage Mobile Application (a “Mobile App”), or (iii)the web application and
the associated content at pisignage.com. By establishing an account at https://username.pisignage.com
(a “piSignage Account”) and using a piSignage Player, and/or by downloading a
Mobile App, you are agreeing to be bound by this terms of
service. If you do not agree to these terms, you are
not granted any right to use the piSignage Server or piSignage Player or any
other piSignage app.
You are advised to read and understand these Terms carefully as signing
for an account, or using piSignage Player or any of the piSignage services
shall be taken to mean that You have read and agreed to all of the policies,
which constitute a legally binding agreement between you and the piSignage. These terms are to be read
along with the Privacy Policy and any other policies on the piSignage.
This document is
an electronic record published in accordance with the provisions of the
Information Technology (Intermediaries guidelines) Rules, 2011 that require
publishing the Rules and Regulations, Privacy Policy and Terms of Service for
access or usage of the Server and being generated by a computer system, it does not require any
physical or digital signatures.
For the purpose of these Terms of Use,
along with any amendments to the same, and wherever the context so requires “You”, “Your” or “User” refer to the person visiting,
accessing, browsing through and/or using the Server or using the Player or
using the Mobile App at any point in time. The term “We”, “Us”, “Our” shall mean and refer to the Server,
Player and/or the Company, depending on the context.
The headings of
each section in this Agreement are only for the purpose of organising the
various provisions under this Agreement in an orderly manner. These headings
shall not be used by either party to interpret the provisions contained under
them in any manner. Further, the headings have no legal or contractual value.
We hold the sole
right to modify the Terms of Service without prior permission from You or
providing notice to You. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What
constitutes a material change will be determined at our sole discretion. The relationship creates on You a duty to periodically check the Terms
of Service and stay updated on its requirements. If You continue to use the Server
or Player following such change, this is deemed as consent by You to the so
amended policies. Your continued use of the Server and/or Player is conditioned
upon your compliance with the Terms of Service, including but not limited to
compliance with the Terms of Service even after alterations, if any.
3. Registration
At
the time of registration, the Company shall collect the following personally
identifiable information about you: username – your unique identity at Server
and email address.
You are solely
responsible for protecting the confidentiality of your username and password
and any activity under the account will be deemed to have been done by you. In
the event you provide us with false/inaccurate details
or the Company has a reasonable ground to believe that false and inaccurate
information has been furnished, we hold the right to permanently suspend your
account.
You agree not to
disclose your password to any third party. You must notify us immediately upon
becoming aware of any breach of security or unauthorized use of your account.
You may not use as a
username the name of another person or entity or that is not lawfully available
for use, a name or trade mark that is subject to any rights of another person
or entity other than you without appropriate authorization, or a name that is
otherwise offensive, vulgar or obscene.
4. Services Overview
The piSignage Server
offers services for the user to upload various types of content, arrange them
as playlists, arrange players in groups, schedule playlists for a group, deploy
the content to the players and other related services needed for a signage
service.
The player software
is downloaded to Raspberry Pi hardware or to the Chrome platform or to
Chromecast (and in future piSignage will support more platforms such as Android
TV,Apple TV, Intel NUC etc.).
The player software will display the downloaded playlist and content on the
connected display as per playlist parameters. Player also controls display
functions such as powering on/off TV etc.
5. Fees and Charges
a. Player License
The player software
cannot be used without license and each of the players need an individual
license to run(i.e. license can not
be shared between two devices). If the
player stops working or develops any issues, the license can be transferred to
another device by writing to Company at support@pisignage.com.
Upon registering at
piSignage.com users are given certain number of free licenses (currently 2)
solely at the company discretion and this sign-up offer(not
the licenses) can be withdrawn at anytime without giving
any notice. Users can purchase player
licenses at the Server after log-in for a one-time fee and generate licenses
for the player using the Server application.
The player licenses
are not transferable to third party without written consent of the company.
Further Company may
withdraw the free licenses offered to a user if the Company believes that same
user/party has signed up for multiple accounts in order to get free licenses or
any other such breach of terms.
b. Managing Players
at pisignage.com
The players shall be
managed (content upload, creation of playlists and deploying to players) at
pisignage.com (Server) for an annual subscription fee which is collected at the
beginning of the year. Upon subscription payment, equivalent number of credits
are added to your account at piSignage.com. Each managed player consumes One
credit per month and when credits go negative in the account, you can not manage players. You can always purchase credits and
make the account active, credits do not have expiry
date.
Users can also use
the open-source version of Server available at http://github.com/colloqi/pisignage-server and setup their own local server to manage these
players. In that case Player is still bound of these Terms and local server is
not bound by these Terms.
c. Subscription
cancellations
The Server subscription service of managing Players can be
cancelled at any time. If the service is cancelled in the middle of the month,
it will be counted till the month end.
d. refund policy
There will be
no refund of money in normal circumstances and except when required by law. if
there are any refunds we will be able to adjust
against the next purchases.
e. Purchases &
Payment
Company currently uses PayPal as the gateway for payments. You
could use International Credit/Debit cards or PayPal account to pay for the
piSignage services and licenses. Company does not collect any payment
information and you supply your Credit/Debit card details directly to PayPal.
If you wish to purchase
any product or service made available through the Service
("Purchase"), you may be asked to supply certain information relevant
to your Purchase including, without limitation, your credit card number, the
expiration date of your credit card, your billing address, and your shipping
information.
You represent
and warrant that: (i) you have the legal right to use
any credit card(s) or other payment method(s) in connection with any Purchase;
and that (ii) the information you supply to us is true, correct and complete.
By submitting
such information, you grant us the right to provide the information to third
parties for purposes of facilitating the completion of Purchases.
We reserve the
right to refuse or cancel your order at any time for certain reasons including
but not limited to: product or service availability,
errors in the description or price of the product or service, error in your
order or other reasons.
We reserve the
right to refuse or cancel your order if fraud or an unauthorized or illegal transaction
is suspected.
f. Fee Changes
Colloqi
Consulting (OPC) Private Limited, in its sole discretion and at any time, may
modify the Subscription fees for the Subscriptions. Any Subscription fee change
will become effective at the end of the then-current Billing Cycle.
Colloqi
Consulting (OPC) Private Limited will provide you with a reasonable prior
notice of any change in Subscription fees to give you an opportunity to
terminate your Subscription before such change becomes effective.
Your continued
use of the Service after the Subscription fee change comes into effect
constitutes your agreement to pay the modified Subscription fee amount.
g. Free Trial
At any time and without notice, Colloqi Consulting (OPC) Private Limited reserves the right
to (i) modify the terms and conditions of the Free
Trial offer, or (ii) cancel such Free Trial offer.
6. Security
Server supports secure ‘https’ transaction between the Browser and
server. The real-time communication between players and server over “websocket” and file download through “wget”, by
default are carried over http (users can change this to https in player
settings). The player access over “ssh” and “webUI” are authenticated by username/password set by the
user using http-authentication. Industry best practices are followed to keep
user data secure and isolated from each other.
The User’s credit and debit card
information is not received, stored by or retained by the Company / Server in
any manner. This information is supplied by the User directly to the relevant
payment gateway which is authorized to handle the
information provided, and is compliant with the regulations and requirements of
various banks and institutions and payment franchisees that it is associated
with.
You can write to Company at support@pisignage.com to know more.
7.
Usage Rights
The Server, the Player and other
piSignage apps/services are proprietary to Company and Company grants you
nonexclusive, nontransferable access to use these services and software. You do
not acquire any intellectual property or other proprietary rights on any one of
these components.
The player software and server services
are licensed for usage only and does not constitute any kind of sale to you.
Certain software modules may be
“opensource” or “free”. Such modules are not subject to these “Terms”.
8. Availability, Errors and
Inaccuracies
We
are constantly updating our offerings of products and services on the Service.
The products or services available on our Service may be mispriced, described
inaccurately, or unavailable, and we may experience delays in updating
information on the Service and in our advertising on other web sites.
We
cannot and do not guarantee the accuracy or completeness of any information,
including prices, product images, specifications, availability, and services.
We reserve the right to change or update information and to correct errors,
inaccuracies, or omissions at any time without prior notice.
9. User Obligations
You are a restricted user of this
Server, Player and other piSignage services/apps.
a.
You are bound
not to cut, copy, distribute, modify, recreate, reverse engineer, distribute,
disseminate, post, publish or create derivative works from, transfer, or sell
any information or software obtained from the Player or Server. With our prior
permission limited use may be allowed. For the removal of doubt, it is
clarified that unlimited or wholesale reproduction, copying of the content for
commercial or non-commercial purposes and unwarranted modification of data and
information within the content of the Server or Player is not permitted.
b.
You agree not
to access (or attempt to access) the Player/Server and/or the materials or
Services by any means other than through the interface that is provided by the Server
and Player. The use of deep-link, robot, spider or other automatic device,
program, algorithm or methodology, or any similar or equivalent manual process,
to access, acquire, copy or monitor any portion of the Server or Player or
Content, or in any way reproduce or circumvent the navigational structure or
presentation of the Server/Player, materials or any Content, to obtain or
attempt to obtain any materials, documents or information through any means not
specifically made available through the Server.
c.
In places where
this Server allows you to post or upload data/information, You
undertake to ensure that such material is not offensive and in accordance with
applicable laws. You are responsible for the Content that
you post to the Service, including its legality, reliability, and appropriateness.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right
to use it and grant us the rights and license as provided in these Terms, and
(ii) the posting of your Content on or through the Service does not violate the
privacy rights, publicity rights, copyrights, contract rights or any other
rights of any person.
Further, You
undertake not to:
i.
Abuse, harass,
threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the
legal rights of others;
ii.
Engage in any
activity that interferes with or disrupts access to the Server or the Services
(or the servers and networks which are connected to the Server);
iii.
Impersonate any
person or entity, or falsely state or otherwise misrepresent Your affiliation
with a person or entity;
iv.
Publish, post,
disseminate, any information which is grossly harmful, harassing, blasphemous,
defamatory, obscene, pornographic, pedophilic, libelous, invasive of
another's privacy, hateful, or racially, ethnically objectionable, disparaging,
relating or encouraging money laundering or gambling, or otherwise unlawful in
any manner whatever; or unlawfully threatening or unlawfully harassing
including but not limited to "indecent representation of women"
within the meaning of the Indecent Representation of Women (Prohibition) Act,
1986;
v.
Post any file
that infringes the copyright, patent or trademark of other legal entities;
vi.
Upload or
distribute files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of the Server or another's
computer;
vii.
Download any
file posted by another user that you know, or reasonably should know, cannot be
legally distributed in such manner;
viii.
Probe, scan or
test the vulnerability of the Server or any network connected to the Server,
nor breach the security or authentication measures on the Server or any network
connected to the Server. You may not reverse look-up, trace or seek to trace
any information on any other user, of or visitor to, the Server, or any other
customer of the Server, including any Server Account not owned by You, to its
source, or exploit the Server or Service or information made available or
offered by or through the Server, in any way whether or not the purpose is to
reveal any information, including but not limited to personal identification
information, other than Your own information, as provided for by the Server;
ix.
Disrupt or
interfere with the security of, or otherwise cause harm to, the Server, system
resources, accounts, passwords, servers or networks connected to or accessible
through the Server or any affiliated or linked sites;
x.
Collect or
store data about other users in connection with the prohibited conduct and
activities set forth in this Section;
xi.
Use the Server
or any material or Content for any purpose that is unlawful or prohibited by
these Terms of Service, or to
solicit the performance of any illegal activity or other activity which
infringes the rights of this Server or other third parties;
xii.
Violate any
code of conduct or other guidelines, which may be applicable for or to any
particular Service;
xiii.
Violate any
applicable laws or regulations for the time being in force;
xiv.
Violate the
Terms of Service including but not limited to any applicable Additional Terms
of the Server contained herein or elsewhere;
xv.
Violate any
code of conduct or other guidelines, which may be applicable for or to any
particular Service;
xvi.
Publish, post,
disseminate information that is false, inaccurate or misleading; violate any
applicable laws or regulations for the time being in force;
xvii.
Directly or
indirectly, offer, attempt to offer, trade or attempt to trade in any
item, the dealing of which is prohibited or restricted in any manner under the
provisions of any applicable law, rule, regulation or guideline for the time
being in force;
xviii.
Create
liability for Us or cause Us to lose (in whole or in part) the services of Our
internet service provider ("ISPs") or other suppliers.
You shall not engage in
advertising to, or in solicitation of, other Users of the Server to buy or sell
any products or services, including, but not limited to, products or services
related to that being displayed on the Server or related to us. You may not
transmit any chain letters or unsolicited commercial or junk email to other
Users via the Server. It shall be a violation of these Terms of Service to use
any information obtained from the Server in order to harass, abuse, or harm
another person, or in order to contact, advertise to, solicit, or sell to
another person other than Us without Our prior explicit consent. We can (and
You hereby expressly authorize Us to) disclose any information about You to law
enforcement or other government officials, as we, in our sole discretion,
believe it necessary or appropriate in connection with the investigation and/or
resolution of possible crimes, especially those that may involve personal
injury. In order to protect Our Users from such advertising or solicitation, You understand that We have the right at all times to
disclose any information (including the identity of the persons providing
information or materials on the Server) as necessary to satisfy any law,
regulation or valid governmental request. This may include, without limitation,
disclosure of the information in connection with investigation of alleged
illegal activity or solicitation of illegal activity or in response to a lawful
court order or subpoena.
We have no obligation to monitor
the materials posted on the Server. We shall have the right to remove or edit
any content that in its sole discretion violates, or is alleged to violate, any
applicable law or either the spirit or letter of these Terms of Service. In no
event shall We assume or have any responsibility or liability for any Content
posted or for any claims, damages or losses resulting from the use of Content
and/or appearance of Content on the Server. You hereby represent and warrant
that You have all necessary rights in and to all Content which You provide and
all information it contains and that such Content shall not infringe any
proprietary or other rights of third parties or contain any libelous, tortuous,
or otherwise unlawful information.
10.Copyright and Trademark
The Company, its suppliers and
licensors expressly reserve all intellectual property rights in all text,
programs, products, processes, technology, images, content and other materials
which appear on the Server or Player. Access to or use of the Server or Player does
not confer and should not be considered as conferring upon anyone any license
to the Company or any third party’s intellectual property rights. All rights,
including copyright, in and to the Server and Player, are owned by or licensed
to the Company. Any use of the Server or Player or its contents, including
copying or storing it or them in whole or part is prohibited without the
permission of the Company.
You may not modify, distribute or re-post anything on the Server or Player for
any purpose. The names and logos and all related product and service names,
design marks and slogans are the trademarks/service marks of the Company, its
affiliates, its partners or its suppliers/service providers. All other marks
are the property of their respective owners. No trademark or service mark
license is granted in connection with the materials contained on the Server.
Access to or use of the Server does not authorize anyone to use any name, logo
or mark in any manner. References on the Server to any names, marks, products
or services of third parties or hypertext links to third party sites or
information are provided solely as a convenience to you and do not in any way
constitute or imply the Company’s endorsement, sponsorship or recommendation of
the third party, the information, its product or services.
11.Links To Other Web
Sites
Our Service may contain links to third-party web sites or
services that are not owned or controlled by Colloqi Consulting (OPC) Private
Limited.
Colloqi Consulting (OPC) Private Limited has no control
over, and assumes no responsibility for, the content, privacy policies, or
practices of any third party web sites or services.
You further acknowledge and agree that Colloqi Consulting (OPC) Private Limited
shall not be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with use of or reliance
on any such content, goods or services available on or through any such web
sites or services.
We strongly advise you to read the terms and conditions and
privacy policies of any third-party web sites or services that you visit.
If
you decide to access a link of any third party Servers,
you do so entirely at your own risk and expense.
12.Disclaimer of Warranties and Liabilities
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE SERVER, PLAYER, SERVICES AND
OTHER MATERIALS ARE PROVIDED BY THIS SERVER IS ON AN "AS IS" BASIS
WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, COMPANY MAKES
NO WARRANTY THAT
a.
YOUR
REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE;
b.
MATERIALS,
INFORMATION AND RESULTS OBTAINED WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
c.
ANY ERRORS OR
DEFECTS IN THE SERVER, PLAYER, SERVICES OR OTHER MATERIALS WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING
UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR
OTHER LAWS. PISIGNAGE ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE,
LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
THE USER UNDERSTANDS AND AGREES
THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVER
IS DONE ENTIRELY AT HIS/HER OWN DISCRETION AND RISK AND HE/SHE WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO HIS/HER COMPUTER SYSTEMS OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. WE ARE NOT RESPONSIBLE FOR
ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. PISIGNAGE ACCEPTS NO
LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED
TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES.
THE COMPANY IS NOT RESPONSIBLE
FOR THE COPYRIGHT OR THE CONTENT POSTED ON THE PROFILE TO BE BRAODCASTED VIA
THE PLAYERS AND THE COMPANY CANNOT BE HELD LIABLE IN THIS ASPECT.
13.Indemnification and Limitation of Liability
YOU AGREE TO INDEMNIFY, DEFEND
AND HOLD HARMLESS THIS SERVER/COMPANY INCLUDING BUT NOT LIMITED TO ITS
AFFILIATE VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES,
LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES
AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON)
ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE
PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION,
WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU
PURSUANT TO THESE TERMS OF SERVICE. FURTHER, YOU AGREE TO HOLD US HARMLESS
AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN
CONNECTION WITH, YOUR USE OF THE SERVER, ANY CLAIM THAT YOUR MATERIAL CAUSED
DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF SERVICE, OR YOUR
VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS.
IN NO EVENT SHALL COMPANY, ITS
OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, THE
VENDOR OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL
OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE,
DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY,
INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION,
OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS
TO THE SERVER, SERVICES OR MATERIALS.
THE LIMITATIONS AND EXCLUSIONS IN
THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
14.Termination
This User Agreement is effective
unless and until terminated by either you or the Company. You may terminate
this User Agreement at any time, provided that you discontinue any further use
of the Server and Player. The Company may terminate this User Agreement at any
time and may do so immediately without notice, and accordingly deny you access
to the Site.
Such termination will be without
any liability to the Company. The Company’s right to any Comments and to be
indemnified pursuant to the terms hereof, shall survive any termination of this
User Agreement. Any such termination of the User Agreement shall not cancel
your obligation to pay for product(s) already ordered from the Company or affect
any liability that may have arisen under the User Agreement prior to the date
of termination.
Please write to support@pisignage.com to delete the account at
piSignage.com and associated content till we provide such provision in the web interface.
15.Disputes and Jurisdiction
All disputes involving but not
limited to rights conferred, compensation, refunds, and other claims will be
resolved through a two-step Alternate Dispute Resolution mechanism.
a.
Stage 1: Mediation. In case of a dispute, the matter will first be
attempted to be resolved by a sole mediator who is a neutral third party and
will be selected at the mutual acceptance of a proposed mediator by both
parties. Both parties may raise a name for the sole mediator and in the case
both parties accept the proposed name, the said person shall be appointed as
sole mediator. In case the parties are not able to reach a consensus within two
proposed mediators, the Company reserves the right to decide who the final
mediator is. The decision of the mediator is not binding on both parties.
b.
Stage 2: Arbitration. In case that mediation does not
yield a result suitable or preferred by any one of the parties, arbitration may
follow, the award of which is binding on both parties. The Arbitration Board
shall comprise three members – one appointed by each party and the third member
to be nominated by the two appointed members by mutual consent. Arbitration
shall be held at Bangalore, India. The proceedings of arbitration shall be in
the English language. The arbitrator’s award shall be final and binding on the
Parties.
If the
dispute cannot be resolved by this two-step Alternate Dispute Resolution
mechanism, it shall be referred to the courts at Bangalore, India.
16.Privacy
17.Miscellaneous Provisions
a.
Entire Agreement: The terms and conditions set forth in
this Agreement and any additional or different terms expressly agreed by the
Parties shall constitute the entire agreement and understanding of the Parties
with respect to each Service and shall cancel and supersede any other prior or
contemporaneous discussions, agreements, representations, warranties, and/or
other communications between them. Notwithstanding the foregoing, the Parties
shall always remain subject to the terms of this Agreement.
b.
Waiver: The failure of either party at any time
to require performance of any provision of this Agreement in no manner shall
affect such party's right at a later time to enforce the same. No waiver by
either party of any breach of this Agreement, whether by conduct or otherwise,
in any one or more instances, shall be deemed to be, or construed as, a further
or continuing waiver of any other such breach, or a waiver of any other breach
of this Agreement.
c.
Severability: If any provision of this Agreement shall
to any extent be held invalid, illegal or unenforceable, the validity, legality
and enforceability of the remaining provisions of this Agreement shall in no
way be affected or impaired thereby and each such provision of this Agreement
shall be valid and enforceable to the fullest extent permitted by law. In such
a case, this Agreement shall be reformed to the minimum extent necessary to
correct any invalidity, illegality or unenforceability, while preserving to the
maximum extent the rights and commercial expectations of the parties hereto, as
expressed herein.
d.
Transferability: Company may transfer its rights and obligations under this Terms to
another organization. You may only transfer your rights or your obligations
under this Terms to another person if Company agrees in
writing. This EULA is between you and Company. No other person shall have any
rights to enforce these terms.
18.Contact Us
If you
have any questions about this Agreement, the practices of Company, or your
experience with the Service, you can e-mail us at support@pisignage.com.
If Company needs to contact you,
we will do so by sending you e-mail at the address specified during sign-up.
19. Version Changes
26 Dec
2016: Original version:
19 Aug
2019: Changes from previous version
·
Registration section,
added the following
You agree not to disclose your password to any third party. You must
notify us immediately upon becoming aware of any breach of security or
unauthorized use of your account.
You may not use as a username the name of another person or entity
or that is not lawfully available for use, a name or trade mark that is subject
to any rights of another person or entity other than you without appropriate
authorization, or a name that is otherwise offensive, vulgar or obscene.
·
Fees and Charges >
Player License sub-section
the license can be Redeemed has been changed to the license
can be transferred to another device
·
Fees and Charges
section, added Purchases & Payment, Fee changes and Free Trial
sections
·
Availability, Errors
and Inaccuracies - section added
·
User Obligations, under
bullet (c), added the following
You are responsible for the Content that
you post to the Service, including its legality, reliability, and
appropriateness.
You represent and warrant that: (i) the
Content is yours (you own it) or you have the right to use it and grant us the
rights and license as provided in these Terms, and (ii) the posting of your
Content on or through the Service does not violate the privacy rights, publicity rights,
copyrights, contract rights or any other rights of any person.
·
Links To Other Web
Sites - Section added
·
Termination, added the following
Please write to support@pisignage.com to delete the account at piSignage.com and associated content till we provide
such provision in the web interface.
·
Privacy section points
to a separate document now