ScreenVue Terms of Service – as of 26 July 2010
1. ACCEPTANCE OF TERMS
- 2.1 "ScreenVue" is a Connecticut limited liability company.
- 2.2 “Service” includes the Collection and Movie Illustrations, all supporting proprietary information pertaining to the Collection found in the Member Section of www.screenvue.com, and related services and communications.
- 2.3 "Member" means the church, authorized church representative or other firm or entity that has subscribed to the Service.
- 2.4 "Proprietary Rights" means all copyright, trademark, trade secret and other intellectual property and proprietary rights in and pertaining to ScreenVue.
3. DESCRIPTION OF SERVICE
ScreenVue provides users with access to a rich collection of resources for searching and selecting illustrations and movie scenes and includes various tools and search services to further Member’s own ministerial purposes. Subscribing to this Service entitles Member to lease the Collection so long as the Member maintains a current account and uses the Service according to these TOS. Member may also download various movie scenes, such number not to exceed one hundred (100) movie scenes in any given term.
The initial term shall be from the date of membership to the expiration date of the Service, which shall be one year after the date of membership, unless terminated earlier in accordance with the provisions hereof.
5. FEES AND PAYMENT
The annual Service fee, as determined by ScreenVue, shall be due and payable to ScreenVue prior to the beginning of any renewal term. Late payments for any renewal term will be subject to a charge of one and one-half percent (1.5%) of the Service fee per month.
Either party may terminate the Service provided that the terminating party has sent to the other party written notice of nonrenewal not less than sixty (60) days prior to the expiration of the original or any renewal term. At the termination of the Service, Member may no longer utilize the Service in any manner.
Upon Member's election to terminate the Service, Member must timely notify ScreenVue of intent to nonrenew or else the Service will remain in effect for the entire renewal term, and Member will be responsible for the entire annual fee for the renewal term.
You agree that ScreenVue may, under certain circumstances and without prior notice, immediately terminate your ScreenVue account, and access to the Service, and there shall be no refund of the Service fee. Cause for such termination may include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) you have engaged in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your ScreenVue account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in ScreenVue's sole discretion and that ScreenVue shall not be liable to you or any third party for any termination of your account or access to the Service.
7. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ScreenVue has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ScreenVue has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
You understand and agree that the Service may include certain communications from ScreenVue, such as service announcements, administrative messages and newsletters, and that these communications are considered part of ScreenVue membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new ScreenVue properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that ScreenVue assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of communications. In addition, you must provide and are responsible for all equipment necessary to access the Service.
8. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password and account. In no event shall Member share or make available any codes or passwords that allows access to the Service by anyone other than the Member. Member, in protecting the confidentiality of the Service shall, at a minimum, exercise the same degree of care and take the same action it exercises and takes with regard to the preservation and protection of Member's own trade secrets and confidential information.
You agree to (a) immediately notify ScreenVue of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Service is exclusive to the Member. Access to the Service by anyone other than the Member constitutes an act of trespass. Membership shall not entitle Member to receive or use any source codes to the Service. ScreenVue cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
9. PUBLIC PERFORMANCE
The public performance of any portion of this Service requires either the Church Video License®, Family Values Video License®, or express permission from the copyright owner or its authorized agent. The Church Video License and Family Values Video License are administered by Christian Video Licensing International (CVLI), which provides on a blanket basis the unlimited public performances of videocassettes, DVDs and other media intended for personal, private, home use only from a specified list of producers, within the facility of the entity holding the license. For more information on the terms, go to www.cvli.org
10. NO REPRODUCTION OR RESALE OF SERVICE
Except as expressly authorized by the Service, Member shall not rent, lease, sublicense, distribute, transfer, copy, assign, reproduce, display, modify or time-share the Service or allow any third party to use the Service.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
11. MODIFICATIONS TO SERVICE
ScreenVue reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that ScreenVue shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because ScreenVue has no control over such sites and resources, you acknowledge and agree that ScreenVue is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that ScreenVue 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 site or resource.
13. SCREENVUE'S PROPRIETARY RIGHTS
The Service, and all selected video movie scenes, are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. ScreenVue retains for itself all proprietary rights in and to the Service, all components thereof and all products, data and information related thereto. Any and all rights not granted to Member in this Service are expressly reserved to ScreenVue.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in or information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by ScreenVue, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
SCREENVUE, the ScreenVue logo, trademarks and service marks are trademarks of ScreenVue Inc. (the "ScreenVue Marks"). Without ScreenVue's prior permission, you agree not to display or use in any manner, the ScreenVue Marks. Member shall not remove or obscure any notice or legend in or provided by the Service as received from ScreenVue or affixed to its media or medium container.
You agree to indemnify and hold ScreenVue, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SCREENVUE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- SCREENVUE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SCREENVUE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
17. LIMITATION OF LIABILITY
SCREENVUE’S AGGREGATE LIABILITY ARISING FROM OR RELATING TO THIS SERVICE OR DOCUMENTATION IS LIMITED TO THE TOTAL OF THE MEMBERSHIP PRICE PAID BY MEMBER FOR THE SERVICE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT SCREENVUE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SCREENVUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.
In the event that a determination is made by a taxing authority or court of any state in which Member conducts business that the activity licensed herein renders Member liable for the payment of a gross receipts, sales, business use or other tax which is based on the amount of ScreenVue's receipts from Member, then Member shall reimburse and indemnify ScreenVue within thirty (30) days of notification for Member's pro rata share of any such tax derived from receipts received from Member.
Any notice provided for herein shall be given in person; by first class air mail, postage prepaid; by reputable overnight carrier; or by facsimile; addressed to the party to be notified. The date of personal service or mailing or facsimile of any such notice shall constitute the date of service.
ScreenVue may also provide Member with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the web site.
20. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and ScreenVue and governs your use of the Service, superseding any prior agreements between you and ScreenVue with respect to the Service.
Applicable Law. The TOS and the relationship between you and ScreenVue shall be governed by the laws of the State of Oregon. All of the terms and conditions set forth herein shall be governed by and construed in accordance with the laws of the State of Oregon, and Oregon shall be the jurisdiction for any actions or proceedings arising out of the use of the Service.
Waiver and Severability of Terms. The failure of ScreenVue to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Attorneys Fees. In the event ScreenVue engages an attorney to enforce its rights under this Agreement, Member agrees to pay the reasonable costs and reasonable attorney fees incurred by ScreenVue.
Assignment. This Membership may not be assigned by Member without the prior written consent of ScreenVue, except that Member shall have the right to assign this Service in connection with a merger, consolidation or sale of its assets and business provided that Member guarantees payment of license fees if the Member does not pay in a timely manner for fees owed. This Membership may be assigned by ScreenVue.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Copyright ©2014 ScreenVue, LLC. All Rights Reserved.
The ScreenVue name and logo are trade and service marks of ScreenVue, Inc.