ScreenPC Terms of Service
Your use of ScreenPC’s products, software, services and web sites (referred to collectively as the “Services”) is subject to the terms of a legal agreement between you and ScreenPC, Inc. “ScreenPC” means ScreenPC, Inc., whose principal place of business is: 101 Merritt 7, 5th Floor, Norwalk, CT, United States. Unless otherwise agreed in writing with ScreenPC, your agreement with ScreenPC will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Terms of Service”. The Terms of Service may be updated by us from time to time without notice to you. You can review the most current version of the Terms of Service at any time at: http://www.nimbuscc.com/terms. At all times this posted version is the governing version.
Accepting the Terms
In order to use or purchase the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. You can accept the Terms by clicking to accept or agree to the Terms, where this option is made available to you by ScreenPC in the user interface for any Service.
You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with ScreenPC, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
Provision of the Services by ScreenPC
ScreenPC has subsidiaries and affiliated legal entities (“Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of ScreenPC itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
ScreenPC is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which ScreenPC provides may change from time to time without prior notice to you.
Nimbus Cloud Computer Service
Sign-Up
When you sign up for the Nimbus Cloud Computer Service, you will be required to provide your current, correct and valid name, address and phone number. In addition, you will provide to ScreenPC a valid credit card number to be used for recurring monthly billing or in accordance with our return policy.Service Kit
As part of the service, you will receive a Service Kit. The specific contents of the Service Kit will vary and will be solely determined by ScreenPC. The contents are yours to use free as long as you use the service in compliance with these Terms. Unless otherwise noted, the Service Kit is and will remain the property of ScreenPC and is provided to you as part of your service only.Additional Products
ScreenPC may make available for purchase to you additional products and materials not part of the Service Kit or the Nimbus Cloud Computer service. These items may include, but are not limited to, monitors and USB devices. These additional products are sold to you under the guidelines of the ScreePC WebShop.Cancellation
Regardless of your payment plan, your service is month-to-month and no long term agreements is expressed, implied or required. You can cancel your service with us at anytime. If you are under a free plan reserves the right to cancel your account for Non-Use. You acknowledge and agree that if ScreenPC disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.Non-Use of Service
Non-Use is defined as thirty (30) consecutive days of non-use.Return of ScreenPC Property
In the event of cancellation cancel service, you are required to return all ScreenPC property (including but not limited to the Service Kit). If you do not return all ScreenPC property within ten (10) business days of cancellation, ScreenPC reserves the right to charge your credit card for the retail cost of this equipment ($50 USD).All returns must be sent to the following address:
ScreenPC, Inc.
101 Merritt 7, 5th Floor
Norwalk, CT 06851
Attn: ReturnsCustomer Requirements
The Nimbus Cloud Computer service does not include a monitor or internet service. You will be required to provide these yourself to use our service. You will need a VGA monitor and high quality internet connection at a bit rate of 768 or greater. You are solely responsible for ensuring that the physical connection to the Nimbus device is working.Support for the Nimbus Cloud Computer
If you experience issues with the Nimbus Cloud Computer, you may contact ScreenPC after you have determined that the issue is not related to any software application, internet provider, LAN or other hardware item. In the event there is an issue with the Nimbus Cloud Computer, ScreenPC will replace the Nimbus Cloud Computer and pay for the shipping of this item. You will be required to return original unit.Support from Third Parties
Your internet service provider has certain responsibilities. You will be responsible for ensuring that they are fulfilling them. Obtaining support for Non-ScreenPC applications and services are your responsibility. You agree to and understand that ScreenPC does not provide technical support for these items. If you experience issues with items, including but not limited to, the internet browser, software applications, internet, LAN, monitor, or email please contact the service provider for that product and/or service. ScreenPC is not responsible for the performance or support of these items.Recurring Monthly Credit Card Charges
Subscribers that choose the paid subscription will be charged a subscription fee for the Service. Subscription fees are non-refundable. You authorize ScreenPC to charge your credit card the fee that was current when the account was opened each month thereafter unless you cancel your subscription prior to the beginning of the next billing period. In the event of a price change, members will be notified within thirty (30) days.Subscriber agrees to immediately inform ScreenPC of any of the following changes in his/her/its credit card account: (1) Card loss or theft, or unauthorized usage of the card, (2) apparent breach of security of Subscriber ID or password, such that unauthorized access to the Service via the card is possible, (3) Subscriber’s credit card has expired or charges have been denied and (4) Subscriber would like to use a different credit card for the monthly billing of the Service fees. Unless Subscriber gives proper notice to ScreenPC of same, Subscriber will remain liable to ScreenPC for any and all charges for the Service, including any unauthorized use of the Service.
Subscription to the Service begins immediately with an approved transaction of the first month subscription charge, and the approval date/time will act as the official timestamp for the beginning of your monthly billing period. The subscriber will gain immediate access to the service using the Login and Password specified at the account setup page. Additionally, the Subscriber will receive an email confirmation of payment for the membership with the Subscription Order Number.
Service Updates and Upgrades
The Service which you use may updated from time to time from by ScreenPC without notice to you. 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 such updates as part of your use of the Services.Supported Hardware
ScreenPC will maintain a list of supported hardware. ScreenPC makes now promise to support any device not listed. www.nimbuscc.com/supportedAcceptable Use
You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by ScreenPC, unless you have been specifically allowed to do so in a separate agreement with ScreenPC. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any file present on the Services.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
Unless you have been specifically permitted to do so in a separate agreement with ScreenPC, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
You agree that you are solely responsible for (and that ScreenPC has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which ScreenPC may suffer) of any such breach.
Advertisements
The Service may include advertisements and that these advertisements are necessary for ScreenPC to provide the Service.Privacy
Our privacy policy is contained in this document section and is also posted separately at www.nimbuscc.com/privacy. This policy explains how ScreenPC treats your personal information, and protects your privacy, when you use the Services.
Content in the Services
You understand 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 as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to ScreenPC (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by the owners of that Content, in a separate agreement.
ScreenPC reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
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.
You agree that you are solely responsible for (and that ScreenPC 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 ScreenPC may suffer) by doing so.
Proprietary Rights
You acknowledge and agree that ScreenPC (or ScreenPC’s licensors) 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). You further acknowledge that the Services may contain information which is designated confidential by ScreenPC and that you shall not disclose such information without ScreenPC’s prior written consent.
Unless you have agreed otherwise in writing with ScreenPC, nothing in the Terms gives you a right to use any of ScreenPC’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
Other than the limited license set forth in Section 11, ScreenPC acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with ScreenPC, you agree that you are responsible for protecting and enforcing those rights and that ScreenPC has no obligation to do so on your behalf.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
Unless you have been expressly authorized to do so in writing by ScreenPC, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
License from ScreenPC
ScreenPC gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Service and equipment provided to you by ScreenPC as part of the Services provided to you by ScreenPC. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by ScreenPC, in the manner permitted by the Terms.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof.
Unless ScreenPC has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software or Nimbus Cloud Computer, grant a security interest in or over your rights to use the Software or Nimbus Cloud Computer, or otherwise transfer any part of your rights to use the Software or Nimbus Cloud Computer.
Termination
ScreenPC may at any time, terminate its legal agreement without prior notice and immediately terminate your ScreenPC account and access to the Service if:
(a) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(b) ScreenPC is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful or a request by law enforcement or other government agency ); or (c) the partner with whom ScreenPC offered the Services to you has terminated its relationship with ScreenPC or ceased to offer the Services to you; or (d) ScreenPC is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or (e) the provision of the Services to you by ScreenPC is, in ScreenPC’s opinion, no longer commercially viable. (f) nonpayment of any fees owed by you in connection with the Services
Exclusion of Warranties
NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT ScreenPC’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
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.” ScreenPC, ITS SUBSIDIARIEs, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM 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.
ScreenPC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (a) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (b) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (d) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER DESKTOP OR OTHER DEVICE 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 ScreenPC OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
ScreenPC, ITS SUBSIDIARIEs, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ScreenPC, ITS SUBSIDIARIES AND AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR: (a) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (b) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (b1) 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; (b2) ANY CHANGES WHICH ScreenPC MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (b3) 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; (c) YOUR FAILURE TO PROVIDE ScreenPC WITH ACCURATE ACCOUNT INFORMATION; (d) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
Copyright and Trademark
It is ScreenPC’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.
Advertisements
Services may 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.
The manner, mode and extent of advertising by ScreenPC on the Services are subject to change without specific notice to you.
In consideration for ScreenPC granting you access to and use of the Services, you agree that ScreenPC may place such advertising on the Services.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that ScreenPC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
General Terms
Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
The Terms constitute the whole legal agreement between you and ScreenPC and govern your use of the Services (but excluding any services which ScreenPC may provide to you under a separate written agreement), and completely replace any prior agreements between you and ScreenPC in relation to the Services.
You agree that ScreenPC may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
You agree that if ScreenPC does not exercise or enforce any legal right or remedy which is contained in the Terms (or which ScreenPC has the benefit of under any applicable law), this will not be taken to be a formal waiver of ScreenPC’s rights and that those rights or remedies will still be available to ScreenPC.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
You acknowledge and agree that each member of the group of companies of which ScreenPC is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
ScreenPC Privacy Policy
This Privacy Policy outlines the information we will collect and how we will use and share that information.
Your Acceptance of These Terms
By agreeing to the Terms of Service, you agree to our Privacy Policy.Personal Information
We may ask you for personally-identifiable information such as your name, mailing address, email address and telephone number. We request personally-identifiable information when you sign-up for our service, for online transactions, feedback forms, surveys and for other services that require it. We will not collect any personally-identifiable information about you unless you provide it to us voluntarily.When you provide us with personally-identifiable information, ScreenPC may: store and process that information to better understand your needs, customize your experience, and to improve our products and services; use that information to contact you periodically via email and postal mail for informational purposes; disclose that information to third parties who need such information to provide products and services that you have requested; disclose that information to third parties when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) ScreenPC's rights or property, other users of the Web Site, or anyone else who could be harmed by such activities; and disclose that information to third parties when we believe in good faith that the law requires it.
Except as stated in this Privacy Policy, or as otherwise stated at the time personally-identifiable information is gathered, we will not provide personally-identifiable information to third parties.
Non-Personally-Identifiable Information
ScreenPC may collect information about you that is not personally-identifiable. This type of information includes your age, gender, zip code, area code, interests and preferences. We may share this information in the aggregate with advertisers, business partners, sponsors, and other third parties. These data are used to customize our service and advertising. We also may track certain information about your visit to our web sites, including (without limitation) pages viewed, clickstreams, and searches. Such information is gathered in the aggregate and is not identified by any specific users. This information will not be linked to personally-identifiable information.Information Collected Automatically
ScreenPC may automatically collect non-personally-identifiable information about you. This information will not be linked to personally-identifiable information. We may use this information to analyze and enhance our service and for security purposes, and we may aggregate this information and share the aggregated information with business partners, sponsors, and other third parties.Technology Used
We may set and/or access cookies on your account to learn about your actions on the Service or other Sites and to recall certain personal information you previously shared with us.Service Announcements
On occasion it may be necessary to send out a strictly service related announcement. These communications are not promotional in nature. Generally, users may not opt-out of such communications.Uploaded Information
We will not disclose to third parties any information, data and other materials that you upload to any non-public areas of the service except as directed by you or when we believe in good faith that the law requires it.Children
Our Service is not directed at individuals under thirteen years of age, and ScreenPC does not intend to collect any personally-identifiable information from such individuals.Links to Other Websites
Our service may contain links to various other web sites. We assume no responsibility for the information practices of sites you are able to access through the Web Site. Furthermore, a link to another does not imply an affiliation or an endorsement of that linked site.Security
While ScreenPC strives to protect your information and privacy, we cannot guarantee the security of any information you disclose online, and you do so at your own risk. In certain areas ScreenPC uses SSL-encryption to protect data transmissions.Your account is password protected so that only you can access it and view the member information relevant to the account. We recommend that you do not divulge your password to anyone. ScreenPC will never ask you for your password in an unsolicited phone call or email.
You are responsible for maintaining the secrecy of your passwords and any account information.
Privacy Policy Changes
All changes to our privacy policy will be posted at www.nimbuscc.com/privacyContact
If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact ScreenPC at:Privacy Policy
ScreenPC, Inc.
101 Merritt 7, 5th Floor
Norwalk, CT 06851
