Terms of Use

Terms of Use

Effective date: 26th July 2018

The following Terms of Use govern all use of embed signage. When you create an embed signage account or use embed signage, you agree to these terms.

We agree to provide you with the embed signage service (“Service”) which is owned an operated by Embed Signage Limited (“embed signage”, “we”, “us”). The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, embed signage’s Privacy Policy) and procedures that may be published from time to time (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the embed signage Service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms of use outlined in this agreement, then you may not access the Service.

YOUR ACCOUNT

• You must be 13 years or older to use this Service. The Service is not intended or targeted towards children.
• You are responsible for maintaining the security of your account and password.
• You must immediately notify embed signage of any unauthorised uses of your account or any other breaches of security. embed signage will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
• You are fully responsible for all activities that occur under the account and any other actions taken in connection with the account.
• You cannot impersonate others or provide inaccurate information about yourself or the business your represent.
• You cannot create an account for someone else or an organisation unless you have their express permission to do so.
• You cannot do anything unlawful, misleading, or fraudulent or for an illegal or unauthorised purpose.
• You cannot do anything to interfere with or impair the intended operation of the Service.
• You cannot publicly publish private or confidential information or do anything that violates someone else’s rights, including intellectual property.

PAYMENT AND RENEWAL

• By choosing to buy licenses you agree to pay embed signage or registered embed signage reseller the annual subscription fees (“Subscription”), as well as any additional storage charges (“Storage”) indicated for that service.
• All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
• You will be notified from 60 days prior to the license(s) expiry that the license(s) are due for renewal. Should you wish to renew, you must do so by making payment to embed signage or registered embed signage reseller prior to the expiry date. If you do not wish to renew, you can leave the license to expire.

INTELLECTUAL PROPERTY

• This Agreement does not transfer, from embed signage to you, any embed signage or third party intellectual property, and all right, title and interest in and to such property will remain solely with embed signage.
  embed signage, the embed signage logo, and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or registered trademarks of embed signage.
• Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any embed signage or third-party trademarks.

OWNERSHIP OF CONTENT

• We do not claim ownership or intellectual property rights of any content that you upload or host through the Service but you grant us a license to distribute it to devices registered to the associated embed signage account. When you upload content (including all media types such as images, movies, audio, fonts, html, swf etc) that is covered by intellectual property rights on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, distribute, modify or display that content to devices registered to the associated embed signage account. You can end this license anytime by deleting the content or entire account, to do so contact [email protected]. However, content will continue to appear on a device if the content has been downloaded prior to deleting from the account and is not updated (offline), for up to 28 days.
• By uploading content to the Service you agree that you have all legally required and appropriate licenses, rights and permissions to use, share and distribute the content. We accept no responsibility or liability for the misrepresentation, misuse, theft, unlawful use or exploitation of content, intellectual property, trademarks or personal data you use through the Service.
• We accept no liability or responsibility for any damage caused, be it indirect, special, incidental or consequential damages (including but not limited to damages for loss of business, loss of profits, interruption or the like) by your uploading, hosting or distribution of content through our Service.

CONTENT REMOVAL AND DISABLING OR TERMINATING YOUR ACCOUNT

• We can remove any content or information you upload or host on the Service if we believe that it violates these Terms of Use, our policies, or we are required to do so by law.
• We can refuse to provide or stop providing all or part of the Service to you (including terminating or disabling your account) immediately if you: clearly, seriously or repeatedly violate these Terms of Use, our policies, if you repeatedly infringe other people’s intellectual property rights, or where we are required to do so by law.
• We may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately.
• Termination of Service may result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all Content in your account. If we take action to remove content or disable or terminate your account, we will notify you where appropriate. If you believe your account has been terminated in error, or you want to disable or permanently delete your account, consult our legal team: [email protected]

DISCLAIMER OF WARRANTIES

• The Service is provided “as is”. embed signage hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.

We will use reasonable skill and care in providing our Service to you and in keeping a safe, secure, and error-free environment, but we cannot guarantee that our Service will always function without disruptions, delays, or imperfections. Provided we have acted with reasonable skill and care, we do not accept responsibility for: losses not caused by our breach of these Terms or otherwise by our acts; losses which are not reasonably foreseeable by you and us at the time of entering into these Terms; and events beyond our reasonable control.
You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.

embed signage shall not be liable to you, or to any third party, for any modification, price change, suspension or discontinuance of the Service.

LIMITATION OF LIABILITY

• In no event will embed signage, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to embed signage under this agreement during the twelve (12) month period prior to the cause of action. embed signage shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

GENERAL REPRESENTATION AND WARRANTY

• You represent and warrant that (i) your use of the Service will be in strict accordance with the embed signage’s Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside) and (ii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.

INDEMNIFICATION

• You agree to indemnify and hold harmless embed signage, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.

WHO HAS RIGHTS UNDER THIS AGREEMENT

• This agreement does not give rights to any third parties.
• You cannot transfer your rights or obligations under this agreement without our consent.
• Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.

DISPUTES AND WAIVERS

• If any aspect of this agreement is unenforceable, the rest will remain in effect.
• Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver.
• We reserve all rights not expressly granted to you.
• In all cases, the laws of the United Kingdom will apply to any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms (“claim”), and you may resolve your claim in a competent court in the United Kingdom. British law will govern these Terms and any claim, without regard to conflict of law provisions.

CHANGES

• embed signage reserves the right, at its sole discretion, to modify or replace any part of this Agreement.
• We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service or email) before we make changes to these Terms and give you an opportunity to review them before they go into effect. If you continue to use the Service, you will be bound by the updated and currently active Terms. If you do not want to agree to these or any updated Terms, you can permanently delete your account by contacting [email protected]
• embed signage 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.
• Prices of the Service are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the embed signage website, via the Service or by contacting you by email.

CONTACT INFORMATION

Questions or comments regarding these Terms of Use should be sent by email to [email protected]