Terms and Conditions
TERMS OF SERVICE
THIS TERMS OF SERVICE (“TOS”) FORMS A LEGAL AGREEMENT BETWEEN DREAM BROKER OY (“DREAM BROKER”) AND YOU (EITHER A COMPANY OR PRIVATE PRACTITIONER) (“USER” OR “YOU”), A USER OF ScreenMail SERVICE (“SERVICE”), WHICH IS AN ONLINE SOFTWARE SERVICE FOR RECORDING THE VIEW OF A COMPUTER SCREEN AS A VIDEO, STORING THE VIDEO ON DREAM BROKER SERVERS, AND STREAMING IT FROM THE SERVERS. THE SERVICE IS PROVIDED AS A LIMITED FREE VERSION AND AS A FULL VERSION WHICH IS SUBJECT TO A SUBSCRIPTION FEE (“PREMIUM SERVICE”).
THE SERVICE IS INTENDED SOLELY FOR THE PROFESSIONAL USERS AND NOT FOR CONSUMERS. YOU REPRESENT THAT YOU ARE EITHER A COMPANY OR PRIVATE PRACTITIONER AND NOT CONSIDERED AS CONSUMER UNDER THE LAWS OF YOUR DOMINCILE.
PLEASE READ THIS TOS CAREFULLY BEFORE ACCESSING, STARTING OR OTHERWISE USING THE SERVICE. ANY OF THE ABOVE ACTIONS INDICATE THAT YOU HAVE READ THIS TOS, UNDERSTAND THEM, AND AGREE TO BE LEGALLY BOUND TO THOSE TERMS AND CONDITIONS. SHOULD YOU NOT ACCEPT THIS TOS, THEN DO NOT ACCESS, START OR OTHERWISE USE THE SERVICE.
Right to use the Service
In order to access the Service, the User is required to register for the Service. The Users of the Premium Service are also required to pay a monthly subscription fee (“Subscription Fee”).
Subject to the terms and conditions of this TOS and during the term of this TOS, Dream Broker hereby grants a world-wide, non-transferable, non-exclusive, revocable right and license, without the right to sub-license, to use the Service in accordance with the terms of this TOS (hereinafter the “License”). The License provided herein is personal to the User. The License or the user ID may not be transferred to a third party.
The License entitles the User and any third party with a link provided by the User (“Third Party User”) to produce, control and publish videos within the Service. Dream Broker shall reserve a right to pose restrictions on the amount of data transferred or the storage space used, if the storage space used by the User or the Third Party User or the amount of data transferred causes harm to Dream Broker or its customers. The User shall ensure that the Third Party Users will comply with the terms and conditions of this Agreement.
The License is valid only for as long as this TOS is in force and the User operates under the terms and conditions of this TOS. Without prejudice to any of its other rights Dream Broker has a right to block User’s access to the Premium Service if the User fails to make the payment of Subscription Fee, when it falls due.
For the avoidance of doubt, notwithstanding anything to the contrary, the User understands and expressly agrees that the License terms or any other terms of this TOS may be altered by Dream Broker from time to time by publishing new TOS on the website of the Service.
Dream Broker shall reserve a right to take the Service or portions of it out of use, or restrict the use of the Service or require the User to change the contents of the videos he has saved, if the User or the Third Party User uses the Service contrary to the applicable law or good practices or the video content created by the User or the Third Party User contradicts the applicable laws or good practices.
Term and Termination of the TOS
This TOS becomes effective when You register for the Service and continues in force for the time You are registered as a user of the Service. You may terminate this Agreement at any time by a written notice to Dream Broker. This TOS terminates automatically and immediately without notice from Dream Broker, if You materially breach any provision of this TOS. In such event, You must immediately cease using the Service.
The User’s License to Premium Service is subject to Subscription Fee set forth in the current price list of Dream Broker (“Price List”). By paying the Subscription Fee, the User gains access to the Premium Service for the subscription period (“Subscription Period”). The Subscription Fee falls due in the beginning of each Subscription Period as defined in the Price List. The Subscription Fee and the Subscription Period may be altered by Dream Broker by publishing new Price List on the website of the service or otherwise informing the User about the changes in the Price List. The changes in the Price List become effective after the end of the Subscription Period, during which the changes were made.
The Subscription Fee shall be paid in the beginning of each Subscription Period. If You fail to make the payment of Subscription Fee, when it falls due Dream Broker has a right to deny Your access to the Premium Service. Subscription Fee and other prices and fees may be subject to taxes, duties, fees, and import duty in accordance with applicable law. Dream Broker shall not be responsible for the payment of any taxes, duties or other fees payable in accordance with the applicable law and accordingly the User shall have the sole responsibility of paying for all other duties or taxes arising from or in connection with purchasing the Service.
Intellectual Property Rights
Pursuant to this TOS the User shall receive a limited license to the Service. Save for the User’s right to the Service in accordance with the License terms, the User shall have no right to sell or otherwise transfer its license to the Service to a third party.
All the intellectual property rights included in Dream Broker’s work or otherwise arising from the Service shall remain vested exclusively with Dream Broker. The title and rights to the video content created by the User shall remain vested with the User or Third Party User, whichever recorded the video, respectively. Notwithstanding the video content created by User and/ or the Third Party Users, Dream Broker hereby reserves all rights to the video content included in the Service produced by Dream Broker and grants to the User, during the term of the License, limited, royalty-free and non-transferable right to use said material.
The User undertakes to keep confidential all the information and material received from Dream Broker and refrain from using such information and material for any purpose other than for the purpose of this TOS. This obligation does not apply to materials and information which was in the public domain at the time of disclosure or later became part of the public domain without breach of the confidentiality obligations herein contained; or which was verifiably in the possession of the User prior to disclosure hereunder.
Unless otherwise agreed in writing, the User shall, upon termination or expiration of this TOS or the License, immediately stop using the confidential information received from Dream Broker. The User has the same obligation also when the User no longer has a need for said information or material for the purposes of this TOS. Notwithstanding the aforesaid the User shall have the right to keep copies required by mandatory law or regulations given by authorities.
The rights and obligations set forth in this section (Confidentiality) shall remain in force for a period of 24 months from the expiration or termination of this TOS.
Limitation of liability
THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DREAM BROKER ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR APPLICATION OF OR ERRORS OR OMISSIONS IN THE SERVICE. THE USER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE ACCESSING TO OR USE OF THE SERVICE OR OTHERWISE IN CONNECTION WITH THE SERVICE.
THE USER ACKNOWLEDGES THAT DREAM BROKER HAS NO CONTROL OVER USER’S USE OR EXPLOITATION OF THE SERVICE. THE USER THEREFORE AGREES TO INDEMNIFY AND HOLD DREAM BROKER HARMLESS AGAINST ANY COSTS, CLAIMS, DEMANDS, EXPENSES AND LIABILITIES OF WHATSOEVER NATURE BY ANY THIRD PARTY ARISING FROM SUCH USE OR EXPLOITATION.
IN NO EVENT SHALL DREAM BROKER, OR ITS SUBSIDIARIES, AFFILIATES OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, EVEN IF DREAM BROKER HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. DREAM BROKER SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGES OR COSTS, ARISING OUT OF, BUT NOT LIMITED TO, LOST PROFITS OR REVENUE, LOSS OF USE OF THE SERVICE OR THE MEDIA, LOSS OF DATA OR EQUIPMENT, THE COSTS OF RECOVERING THE APPLICATION, THE MEDIA, DATA OR EQUIPMENT, THE COST OF SUBSTITUTE SOFTWARE, MEDIA, DATA OR EQUIPMENT OR CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS.
FURTHERMORE DREAM BROKER’S ENTIRE AGGREGATE LIABILITY ARISING FROM OF IN CONNECTION WITH THE SERVICE SHALL BE LIMITED TO AMOUNT OF SUBSCRIPTION FEES RECEIVED FROM THE USER OVER THE COURSE OF THE LAST 6 MONTHS DIRECTLY PRECEDING THE OCCURRENCE OF THE DAMAGE.
LOCAL LEGISLATION IN SOME COUNTRIES DOES NOT ALLOW ANY EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THE ABOVE LIMITATIONS OR EXCLUSIONS MAY APPLY TO YOU ONLY PARTLY OR NOT AT ALL.
This TOS constitutes the entire agreement between the User and Dream Broker relating to the Service and governs the use of the Service, and completely replaces any prior or contemporaneous agreements between the User and Dream Broker regarding the Service.
The failure of Dream Broker to exercise or enforce any right or provision of this TOS does not constitute a waiver of such right or provision, which will still be available to Dream Broker.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this TOS is invalid, then that provision will be removed from the TOS without affecting the rest of the TOS. The remaining provisions of this TOS will continue to be valid and enforceable.
The rights granted in this TOS may not be assigned or transferred by the User without the prior written approval of Dream Broker. The User is not permitted to delegate its responsibilities or obligations under this TOS without the prior written approval of Dream Broker.
This TOS and the User.s relationship with Dream Broker under this TOS will be governed by the laws of Finland without regard to its conflict of laws provisions. The User and Dream Broker agree to submit to the exclusive jurisdiction of the courts located within the country of Finland to resolve any legal matter arising from this TOS. Notwithstanding this, You agree that Dream Broker will still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. However, if the User is considered to have a status of a consumer, Dream Broker might and is fully capable to choose another jurisdiction and forum such as the forum of domicile of the User. In such a case the applicable law of the proceedings will be the national trade law or, when obligatory, the consumer legislation of the said forum. This might be especially applicable to those consumers residing in the European Union.
I acknowledge that I have the authority to execute this TOS on behalf of the User and I further acknowledge and agree that this TOS constitutes a valid and legally binding obligation on the part of the User.