Effective Date: November 2017
Screen Share Technology Ltd. is a unique and smart desktop and mobile recorder that allows people to record the activities conducted within their web browser. The Screen Life Service makes it possible to capture every user interaction in the web browser and edit the recordings of a web browser session at a level of detail not possible with conventional video screen capture application – any element on a page can be replaced and any interaction can be added, deleted or changes, allowing unlimited changes to a web browser session recorded through the Screen Life Service
Please note that the Screen Life Service does not provide for recording of the following:
Additionally, the Screen Life Service does not save filled-in password fields and forms.
You must create an account at SL in order to gain access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. You may never use another User’s account without permission. You are solely responsible for activity that occurs on your account, and you must keep your account password secure. You must notify SL immediately of any breach of security or unauthorized use of your account. SL will not be liable for any losses caused by any unauthorized use of your account.
The Screen Life Service is available through Facebook’s “Facebook Connect” service and Twitter, which requires an active Facebook and/or Twitter account, and you hereby represent and warrant that you have read and agreed to be bound by all applicable Facebook and/or Twitter policies and will act in accordance with those policies, in addition to your obligations under this Agreement. If you access the Screen Life Service through Facebook Connect or Twitter, we may require that your Screen Share Technology Ltd. user ID be the same as your user name for Facebook and/or Twitter. If you sign into Screen Life Service through Facebook Connect or Twitter, you will provide your Facebook or Twitter account credentials to us, and you are consenting to have the information in that account transmitted into your Screen Share Technology Ltd. account, and you agree that you shall only use Facebook or Twitter accounts owned by you, and not by any other person or entity
You agree not to engage in any of the following prohibited activities in connection with the Screen Life Service: (i) copying, distributing, or disclosing any part of the Screen Life Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Screen Life Service in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Screen Life Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure or that could disable, overburden, or impair the proper operation of the Screen Life Service, such as a denial of service attack; (vi) uploading invalid data, viruses, worms, or other software agents through the Screen Life Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Screen Life Service; (viii) using the Screen Life Service for any commercial purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Screen Life Service; (xi) accessing any content on the Screen Life Service through any technology or means other than those provided or authorized by the Screen Life Service; (xii) bypassing the measures we may use to prevent or restrict access to the Screen Life Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Screen Life Service or the content therein; (xiii) decompiling, reverse engineering, or otherwise attempting to obtain the source code of the Screen Life Service; or (xiv) engaging in any illegal activities or action that infringes upon the Intellectual Property (as such term is defined below) of any party.
You may not access or use the Screen Life Service if you work with or for a competitor, except with SL’s prior written consent. In addition, you may not use or access the Screen Life Service for purposes of monitoring the performance or functionality for a competitor or for any third party, or for any other benchmarking or competitive purposes and you may not share any benchmarking data regarding the Screen Life Service usage with any third party without SL’s prior written consent.
You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. SL reserves the right, but is not obligated, to reject and/or remove any User Content that SL believes, in its sole discretion, violates these provisions.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
SL 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 Screen Life Service. You shall be solely responsible for your User Content and the consequences of creating, posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that SL shall not be liable for any damages you incur or allege to incur as a result of User Content.
We may use your User Content (including, but not limited, to any recordings you create) in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms. As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, sublicensable, transferable rights to use Your Content for any purpose. You irrevocably waive, and cause to be waived, against us any claims and assertions of moral rights or attribution with respect to your User Content. By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of your User Content. By sharing your User Content with another User, you grant such User a perpetual, non-exclusive, world-wide, fully-paid and royalty-free, irrevocable right and license to (i) edit, reproduce, modify, tag, create derivative works of, or otherwise manipulate such User Content, and (b) download, distribute, and store such User Content for non-commercial, personal use.
By using the Screen Life Service, you are granted the license rights described in the paragraph above with respect to any other User’s User Content shared with you. You do not acquire ownership rights to any User Content except for those limited license rights granted herein.
ONCE USER CONTENT HAS BEEN SHARED WITH ANOTHER USER, SUCH USER HAS A COPY OF SUCH USER CONTENT. DELETING YOUR USER CONTENT WILL NOT HAVE ANY EFFECT ON YOUR USER CONTENT THAT HAS BEEN SHARED PRIOR TO REMOVAL. IF YOU DO NOT WANT OTHER USERS TO COPY, MANIPULATE, DISTRIBUTE, EDIT, DISPLAY, OR OTHERWISE USE YOUR USER CONTENT, DO NOT USE THE SCREEN LIFE SERVICE TO SHARE IT WITH ANOTHER USER.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Screen Life Service for your personal, non-commercial use, as permitted by the features of the Screen Life Service. SL reserves all rights not expressly granted herein in the Screen Life Service and the SL Content (as defined below). SL may terminate this license at any time for any reason or no reason.
We make available software to access the Screen Life Service via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Screen Life Service. SL does not warrant that the Mobile Software will be compatible with your mobile device. SL hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one SL account on one mobile device owned or leased solely by you, for your personal, non-commercial use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and/or other proprietary rights notices on the Mobile Software. You acknowledge that SL may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and SL or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof).
This paragraph is intended to apply to you if you have downloaded the Mobile Software from the Apple App Store. SL and you acknowledge that this Agreement is concluded between SL and you only, and not with Apple Inc. (“Apple”), and as between SL and Apple, SL, not Apple, is solely responsible for the Software and Screen Life Services and the content thereof. You acknowledge that Apple, Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile Software. You acknowledge that you have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS). You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.
This paragraph is intended to apply to you if you have downloaded the Mobile Software on a device powered by the Android operating system. SL and you, the end‐user of the Mobile Software and Screen Life Services, acknowledge that the Agreement is entered into by and between SL and you. SL is solely responsible for the Software and Screen Life Services. Should you have downloaded the Software from the Google Android Market located online at http://www.android.com/market/. You acknowledge that you have reviewed the Android Market Terms of Service (located online at http://www.google.com/mobile/android/market‐tos.html) and the Android Market Business and Program Policies (located online at http://www.google.com/mobile/android/market‐policies.html). You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.
Except for your User Content, the Screen Life Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the “SL Content”), and all Intellectual Property Rights related thereto, are the exclusive property of SL and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Screen Life Service. Use of the SL Content or materials on the Screen Life Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
From time to time, SL may provide additional features and/or Screen Life Services that you pay for (“Premium Screen Life Services”). SL may also offer from time to time in its sole discretion, certain Premium Screen Life Services for free, whether for a trial period or otherwise. Unless expressly stated otherwise, references in this Agreement to the Screen Life Service include the Premium Screen Life Services.
SL cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
You are solely responsible for your interactions with other Users. You understand that we do not in any way screen our Users, nor do we inquire into the backgrounds of our Users or attempt to verify the statements of our Users. You agree to take reasonable precautions in all interactions with other Users, particularly if you decide to meet offline or in person.
You agree to defend, indemnify and hold harmless SL and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors (collectively, the “SL Parties”), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Screen Life Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties you make in this Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Screen Life Service with your username, password or other appropriate security code.
THE SCREEN LIFE SERVICE AND ANY PRODUCT OR SERVICE YOU PURCHASE THROUGH THE SCREEN LIFE SERVICE (“PRODUCT”) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SCREEN LIFE SERVICE AND THE PRODUCTS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SL, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SCREEN LIFE SERVICE OR THE PRODUCTS WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SCREEN LIFE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SCREEN LIFE SERVICE. SL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SCREEN LIFE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND SL WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICE IF YOU DOWNLOADED THE MOBILE SOFTWARE FROM THE APPLE APP STORE, YOU FURTHER ACKNOWLEDGE THAT APPLE HAS NO RESPONSIBILITY FOR ADDRESSING ANY CLAIMS RELATING TO THE SOFTWARE OR SCREEN LIFE SERVICES OR YOUR POSSESSION AND/OR USE OF THE SOFTWARE OR SCREEN LIFE SERVICES, INCLUDING, BUT NOT LIMITED TO: (I) PRODUCT LIABILITY CLAIMS; (II) ANY CLAIM THAT THE SOFTWARE OR SCREEN LIFE SERVICES FAIL TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION.
If you believe that your copyrighted work has been copied in a way that constitutes infringement and is accessible via the Screen Life Service, please notify Screen Share Technology Ltd.’s copyright agent, as set forth in the Digital Millenium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:
An electronic or physical signature of a person authorized to act on behalf of the copyright owner;Identification of the copyrighted work that you can claim has been infringed;Identification of the material that is claimed to be infringing and where it is located on the Screen Life Service;Information reasonably sufficient to permit Screen Share Technology Ltd. to contact you, such as your address, telephone number, and, e-mail 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 law; andA statement made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Leonard Grayver, Esq. Attn: DMCA NoticeCompany: Screen Share Technology Ltd.Address:Telephone:E-mailUNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEY’S FEES. Please note that this procedure is exclusively for notifying Screen Share Technology Ltd. and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Screen Share Technology Ltd.’s rights and obligations under the DMCA, including 17 U.S.C. 512©, but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. In accordance with the DMCA and other applicable law, Screen Share Technology Ltd. has adopted a policy of terminating, in appropriate circumstances and at Screen Share Technology Ltd.’s sole discretion, users who are deemed to be repeat infringers. Screen Share Technology Ltd. may also at its sole discretion limit access to the Screen Life Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Binding Arbitration and Class Action Waiver
You and SL agree to arbitrate all disputes between you and SL or its affiliates. “Dispute” includes any dispute, action or other controversy between you and us concerning the Screen Life Service or these terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis. You and SL empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable.
In the event of a dispute, you or SL must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute to Screen Share Technology Ltd., [COMPANY’S ADDRESS FOR HERE], Attention: Legal/Arbitration Notice. We will send any notice of dispute to you at the contact information we have for you. You and SL will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or we may commence arbitration. You may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.
If you and SL do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes. For more information, visit www.adr.org or, in the United States, call 800-778-7879. Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, SL will pay all filing, AAA, and arbitrator’s fees and expenses. If the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected (or if we did not make a settlement offer before an arbitrator was selected), then we will pay you the amount of the award or US $1,000, whichever is greater, and pay your attorney, if any, the amount of attorneys’ fees, and reimburse any expenses (including expert witness fees and costs) that you or your attorney reasonably accrue for investigating, preparing and pursuing your claim in arbitration. We waive any right to seek an award of attorneys’ fees and expenses in connection with any non-frivolous arbitration between you and us.
If you are a resident of the United States, arbitration will take place at any reasonable location convenient for you. For residents outside the United States, arbitration shall be initiated in San Diego, New York, United States of America, and you and SL agree to submit to the personal jurisdiction of the federal or state courts located there, in order to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor SL will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
Choice of Forum
You agree that any action at law or in equity arising out of or relating to these terms or the Screen Life Services that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in Los Angeles, California, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
Choice of Law
These terms are governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any conflict of law principles.
If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
The provisions of these terms which by their nature should survive the termination of these terms shall survive such termination.
No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision
We are not responsible for addressing any disputes between any Users. In the event of a concern, claim or dispute, Users shall communicate directly with the other party in resolving such concern, claim or dispute. In the event we receive complaints about a User, we will investigate the complaint at our sole discretion and may direct the User to respond to the other party directly.
This Agreement, together with any amendments and any additional agreements you may enter into with SL in connection with the Screen Life Service, shall constitute the entire agreement between you and SL concerning the Screen Life Service.
Third Party Beneficiaries And Agreements
If you downloaded the Mobile Software from the Apple App Store, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary hereof. You agree to comply with, and your license to use the Mobile Software and Screen Life Service is conditioned upon your compliance with, all applicable third-party terms of agreement, as may be applicable, when using the Mobile Software and/or Screen Life Service.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SL without restriction or notice.
Special Provisions Applicable To Users Outside The United States.
The following provisions apply to users outside the United States: You consent to having your personal data transferred to and processed in the United States. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities using the Screen Life Service.
We may provide notices, whether such notices are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, Apple App Store or Google Android Marketplace, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.
Should you wish to contact us with any questions with respect to the Screen Life Service, you should email