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Screengle Service Terms and Conditions
1. About your use of Screengle a.- Your use of services, web pages, software or images from Screengle, from now on referred them all as the “Services” in this document, are subject to the Terms and Conditions of a legal agreement between you and Screengle. “Screengle” means ABEGAL 2. About your acceptance of the Terms and Conditions a.- In order to use the Services, you must first accept the Terms and Conditions. You should not use the Services if you do not accept the Terms and Conditions. b.- You can accept the Terms and Conditions by: Explicit, by clicking to accept in the check box of Terms and Conditions; or Implicit, by actually using the Services. In this case, you accept that Screengle will treat your use of the Services as acceptance of the Terms and Conditions.
3. Description of the services. a.- Screengle is a FREE service, that allows you to personalize the screen of your computer, by: i.- choosing one of the images offered by Screengle or, ii.- uploading one of your own (in this case you should register as a user) as a way to use the searching services offered through the program AdSense for search of Google. b.- Screengle also offers you the possibility of making polls. In these polls you can choose the background image, the subject and the options. 4. Provision of the Services by Screengle a.- Screengle use the services of other companies all around the world (hosting, search engines, data collection ) . Particulary Screengle uses the services of Google, by using the AdSense program. b.- You understand and agree that the Services which Screengle provides may change from time to time without prior notice to you. c.- You understand and agree that Screengle may stop (permanently or temporarily) providing the Services at Screengle’s sole discretion, without prior notice to you. You may stop using the Services at any time, and in the same way you do not need to specifically inform Screengle when you stop using the Services. d.- You understand and agree that if Screengle cancels the access to your account, you may not access the Services, your account details or any files or other content which is contained in your account. e.- You understand and agree that while Screengle may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Screengle at any time, at Screengle’s discretion. 5. About your use of the Services a.- In order to access certain Services, you may be required to provide information about yourself. You agree that any registration information you give to Screengle will always be accurate, correct and up to date. b.- You agree to use the Services only for purposes that are permitted by the Terms and Conditions and any applicable law enforced in each corresponding country. c.- You agree not to access any of the Services by any means other than through the interface that is provided by Screengle. d.- You agree that you will not engage in any activity that interferes with or disrupts the Services. e.- You agree that you are solely responsible for any breach of your obligations under the Terms and Conditions and for the consequences of any such breach. 6. About the security of your account and passwords a.- Screengle generates an exclusive URL address for each user, to which you could access by tipping your user and password in the Login page of Screengle.com, or by tipping your URL address directly in your browser b.- You are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. c.- Accordingly, you agree that you will be solely responsible to Screengle for all activities that occur under your account. 7. About the privacy and confidentiality of your personal information a.- It is personal information, all the information that we collect during your registration process as a user. All personal information from the users will be exclusively used by Screengle with the goal of achieving a better administration of the services and improving the conditions in which they are served. This information will not be shared or sell to third parts under no concept. The only exception to this, is the obligation to revel this information by enforcement of a court of justice. b.- Screengle o eventually thirds acting under contract with Screengle, may collect non personal information about the use of the Services. This information is used to improve the service served, and can be shared with thirds. c.- Nevertheless the algorithm that generates your Screengle personal URL address makes practically impossible for who doesn’t know it to find it, your address is public and can eventually be used by others. d.- You understand and agree that screengle.com is a Web page operated in the República Oriental del Uruguay and consent to transfer your personal information to such country. Your personal information will be then under the laws and regulations of 8. About the content of the Services a.- You understand and agree that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to through your use of, the Services are the sole responsibility of the author of such content. All such information is referred to below as the “Content”. b.- The Content within the Services may be protected by intellectual property rights. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content c.- Screengle reserves the right, but shall have no obligation, to pre-screen, review, clasify, filter, modify, refuse or remove any or all the Content. d.- You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk. e.- You agree that you are solely responsible for (and that Screengle has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Screengle may suffer) by doing so. 9. About the proprietary rights a.- You understand and agree that Screengle own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Excepting those rights corresponding to Google for the programs we use. 10. Content licence from you a.- You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Screengle a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This licence is for the sole purpose of enabling Screengle to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms and Conditions of those Services. b.- You understand that Screengle, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit Screengle to take these actions. c.- You confirm and warrant to Screengle that you have all the rights, power and authority necessary to grant the above licence. 11. About the software updates a.- The Software which you use may automatically download and install updates from time to time from Screengle. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Screengle to deliver these to you) as part of your use of the Services. 12. About the ending of your relationship with Screengle a.- The Terms and Conditions will continue to apply until terminated by either you or Screengle as set out below. b.- If you want to terminate your legal agreement with Screengle, you may do so by: (i) notifying Screengle at any time and (ii) closing your accounts for all of the Services which you use, where Screengle has made this option available to you. Your notice should be sent, in writing, to Screengle’s address which is set out at the beginning of these Terms and Conditions. c.- Screengle may at any time, terminate its legal agreement with you at any time, simply by canceling your account, and noticing you by a mail sent to the address you declared during your registration as a user. d.- Nothing in this Section shall affect Screengle’s rights regarding provision of Services under Section 4 of the Terms and Conditions. 13. Exclusion of warranties a.- You expressly understand and agree that your use of the services is at your sole risk and that the services are provided “AS IS" and “AS AVAILABLE.” b.- In particular SCREENGLE do not represent or warrant to you that: (i) your use of the services will meet your requirements (ii) your use of the services will be uninterrupted, timely, secure or free from error (iii) any information obtained by you as a result of your use of the services will be accurate or reliable, and (iv) that defects in the operation or functionality of any software provided to you as part of the services will be corrected 14. LIMITATION OF LIABILITY a.- Screengle shall not be liable to you for: (i) any direct or indirect damages which may be incurred by you, including, but not limited to, any loss of profit (direct or indirect), any loss of goodwill or business reputation, any loss of data (ii) any loss or damage which may be incurred by you as a result of: (1) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services (2) any changes that Screengle may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services) (3) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services (4) your failure to provide Screengle with accurate account information (5) your failure to keep your password or account details secure and confidential (6) the use by thirds of your personal URL address. b.- The limitations on Screengle’s liability to you in paragraph 14.a above shall apply whether or not Screengle has been adviced of or should have been aware of the possibility of any such losses arising. 15. Advertisements a.- The Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. b.- The manner, mode and extent of advertising by Screengle on the Services are subject to change without specific notice to you. c.- In consideration for Screengle granting you access to and use of the Services, you agree that Screengle may place such advertising on the Services. 16. Content not from Screengle a.- The Services may include hyperlinks to other web sites or content or resources. Screengle may have no control over any web sites or resources which are provided by companies or persons other than Screengle. b.- You understand and agree that Screengle is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. c.- You understand and agree that Screengle is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources. 17. Changes to the Terms and Conditions a.- Screengle may make changes to the Terms and Conditions from time to time. When these changes are made, Screengle will make a new copy of the Terms and Conditions available at http://www.screengle.com/Terms . b.- You understand and agree that if you use the Services after the date on which the Terms and Conditions have changed, Screengle will treat your use as acceptance of the updated Terms and Conditions. 18. Aditional Conditions a.- You agree that Screengle may provide you with notices, including those regarding changes to the Terms and Conditions, new services, promotions, advertisements or others, by email, regular mail, or postings on the Services. b.- You agree that if Screengle does not exercise or enforce any legal right or remedy which is contained in the Terms and Conditions this will not be taken to be a formal waiver of Screengle’s rights and that those rights or remedies will still be available to Screengle. c.- If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms and Conditions is invalid, then that provision will be removed from the Terms and Conditions without affecting the rest of the Terms and Conditions. The remaining provisions of the Terms and Conditions will continue to be valid and enforceable. d.- The Terms and Conditions, and your relationship with Screengle under the Terms and Conditions, shall be governed by the laws of the República Oriental del Uruguay. You and Screengle agree to submit to the exclusive jurisdiction of the courts located within the República Oriental del Uruguay to resolve any legal matter arising from the Terms and Conditions. Notwithstanding this, you agree that Screengle shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. e.-Where Screengle has provided you with a translation of the Spanish language version of the Terms and Conditions, you agree that the translation is provided for your convenience only and that if there is any contradiction between them, then the Spanish language version of the Terms and Conditions shall take precedence. |
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