Blue Mango Learning Systems, LLC TERMS OF SERVICE for the ScreenSteps Service
Welcome to http://www.screensteps.com (the "Site"), a website operated by Blue Mango Learning Systems, LLC (the “Company”).
The Site includes customer subdomains, e.g. company-name.screenstepslive.com
Please review these Terms carefully. By accessing or using the Site, and/or by clicking "I agree" to these Terms, you show you agree to these Terms. If you don’t agree to these Terms, you may not access or use the Site.
ABOUT THE SITE
The Site allows businesses to create a public or private knowledge base, add content to that knowledge base, and distribute that knowledge base to their employees or others. It allows employees or others to login to view the content and, on certain plans, tracks what resources they have viewed. It also allows authorized account users to install a desktop authoring tool for Mac or Windows used for capturing images and creating article content. It also, on certain plans, allows employees or others who install the browser extension to view contextual knowledge base resources and search for knowledge base resources from within the web applications that they use in their business.
Businesses can also make a knowledge base public and not require a login.
The services provided by the Site and browser extension are called the "Service."
The Service can also be used to publish content to third-party sites. In that case, images will still be stored on the Site.
The Site allows businesses to sign up for the Service. Employees can also register for the Service and download the browser extension or desktop authoring software. In these Terms, "you" may refer to a business or employee, as applicable.
If you access the Service with an email address provided by your employer, you confirm that it is permissible for you to use the email address associated with your employer's domain and that your use of the Service shall comply with your employer's terms and policies, as well as any third party service authentication and rights of use policies.
Users of the Service will also be asked to create a password.
Also, please note that the Site is under constant development. New features may be added frequently, so it’s important to check back to this page for updates.
To use the Service, businesses will be charged a fee based on the selected plan. This fee is billed monthly or yearly. Businesses will be required to provide billing information when they sign up for the Service so that we can send invoices.
If a business pays the Company’s invoices via credit card, the business will be required to provide the Company with information regarding the credit card or other payment method. The business represents and warrants that such information is true and that the person signing up for the Service is authorized to use the payment method.
The business agrees to pay any charges incurred. If the business disputes any charges the business must notify the Company within thirty (30) days after the date that the business is billed.
The business can terminate its use of the Service, change passwords, and otherwise manage the account using the Site.
We reserve the right to change the Company’s fees. If the Company does change its fees, the Company will provide notice of the change on the Site or in email to the business, at Company’s option, at least 90 days before the change is to take effect. The business's continued use of the Service after the fee change becomes effective constitutes an agreement to pay the changed amount.
If a business is on a monthly payment plan and they properly terminate the account, the business will not be charged for future months. However, the business will not receive a refund for any Service for which the business has already paid.
If the business is on a yearly payment plan and the business does not cancel its account at least 30 days before the end of each anniversary of the sign-up date, this agreement and the obligation to pay for the Service will automatically renew for another one-year term. If a business properly terminates the account at least 30 days before the end of each year, the business will not be charged for future years. However, the business will not receive a refund for any Service for which the business has already paid.
CONTENT AND RESTRICTIONS
Users may provide text, images, software, videos and/or other material, including third party content (“User Content”) that they share using the Site or Service.
Users grant the Company the following non-exclusive license: a worldwide, transferable and sub-licensable right to use, copy, modify, distribute, publish, and process, information and User Content provided through the Site or Service, without any further consent, notice and/or compensation to you or others, only for the purpose of providing the Service.
Other users may access and share the User Content and information, via the Site or Service.
Users are solely responsible for the User Content that they make available via the Site or Service. Users agree that the Company is only acting as a passive conduit for the distribution and publication of User Content.
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Site or Service, you agree as follows:
- You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
- You will not post information that is malicious, false or inaccurate;
- You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content, or unless your use of the content is within the scope of fair use; and
- You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Site or Service is solely your responsibility.
The Company is not responsible for any public display or misuse of your User Content. The Company does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we use, may monitor and/or record your interactions with the Site or Service.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
If you discover that someone else has posted material belonging to you via the Site or Service without your permission, please note the following.
(a) Termination of Repeat Infringer Accounts. The Company respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, the Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Site or Service who are repeat infringers. The Company may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(b) DMCA Take-Down Notices. If you’re a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Site or Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to the Company’s designated copyright agent at firstname.lastname@example.org:
- The date of your notification;
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site or Service are covered by a single notification, a representative list of such works at the Site;
- A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
Your physical or electronic signature;
- A description of the content that has been removed and the location at which the content appeared before it was removed;
- A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Virginia and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Company copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the Company’s discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.
USE OF THE SITE OR SERVICE
You need to be at least 13 years old to use the Site or Service. You hereby affirm we have the right to terminate your account with or without prior notice.
Your permission to use the Site or Service is conditioned upon the following restrictions and conditions.
You agree that you will not:
- post or otherwise communicate any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- use the Site or Service for any unlawful purpose or for the promotion of illegal activities;
- use another user’s account without permission;
- provide false or inaccurate information when registering an account;
- interfere or attempt to interfere with the proper functioning of the Site or Service;
- make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- bypass any robot exclusion headers or other measures we take to restrict access to the Site or Service or use any software, technology, or device to scrape, spider, or crawl the Site or Service or harvest or manipulate data; or
- publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
Subject to these Terms, the Company grants you a non-exclusive, non-transferable, non-sublicensable, worldwide, revocable right and license to use and make calls to the ScreenSteps API solely for use in connection with the Services.
You acknowledge and agree that the Company and its licensors retain ownership of all intellectual property rights of any kind related to the Site or Service (except for User Content), including applicable copyrights, trademarks, and other proprietary rights. You may not reverse engineer the Site or Service. The Company reserves all rights that are not expressly granted to you under these Terms.
You agree to indemnify, defend, and hold harmless the Company from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party related to: (a) your use or attempted use of the Site or Service in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Site or Service, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Site or Service and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Site or Service. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Site or Service, or transmitted to users.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you (a) consent to receive emails via the email address you have submitted when you sign up on the Site or Service; and (b) agree that all Terms, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
The Company may also use your email address to send you other messages, including information about the Company and Site or Service and special offers. You may opt out of such email by changing your account settings or sending an email to email@example.com.
THE SITE AND SERVICE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SITE AND SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR UPLOADING, DOWNLOADING, AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL SENT TO OR OBTAINED FROM THE SITE OR SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SITE OR SERVICE; (C) THE SITE OR SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SITE AND SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SITE OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), FRAUD, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL COMPANY’S LIABILITY TO YOU EXCEED $10. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
The Company can amend these Terms at any time. It’s your responsibility to check the Site from time to time to view any such changes. If you continue to use the Site or Service, you show your agreement to our revisions to these Terms. Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of these Terms by the Company via telephonic or email communications shall be valid.
If any part of these Terms is held invalid or unenforceable, that portion of the Terms will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision. Our rights under these Terms will survive any termination of these Terms.
You agree that any legal action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These Terms and your use of the Site and Service are governed by the federal laws of the United States of America and the laws of the State of Virginia, without regard to conflict of law provisions.
You agree to resolve any claims relating to these Terms or the Site or Service through final and binding arbitration. Any arbitration will be conducted by the American Arbitration Association (AAA) under its commercial arbitration rules. The arbitration will be held in Fairfax, Virginia.
ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR THE COMPANY MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
If you attempt to bring any legal action against the Company based in any way on the Site or Service you agree that, in the event you do not prevail or the Company does prevail, you will reimburse the Company for any costs and attorneys’ fees associated with its defense of the action.
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: Current rates for the Service are at http://www.screensteps.com/pricing. You may contact us at firstname.lastname@example.org. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.