Terms of Service
Before you begin using LonelyScreen, you must read and agree to these Terms of Service and the following terms and conditions and policies, including any future amendments (collectively, the "Agreement"):
Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version (http://www.lonelyscreen.com/terms.html). LonelyScreen may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not download or use the LonelyScreen software.
Personal Use. The Service and the Client are made available to you for your personal use only. You must be at least thirteen (13) years of age to use the Service or the Client. LonelyScreen Inc. reserves the right to refuse service to anyone at any time without notice for any reason.
Proper Use. You agree that you are responsible for your own communications and for any consequences thereof. You agree that you will use the Service and, if applicable, the Client in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service or the Client to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by LonelyScreen Inc; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service or the Client; (iv) use the Service for any fraudulent or inappropriate purpose, or (v) remove any copyright, trademark or other proprietary rights notices contained in or on LonelyScreen, including those of Global IP Sound, Inc., from whom LonelyScreen has licensed certain audio software used in LonelyScreen. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. LonelyScreen reserves the right, but shall have no obligation, to investigate your use of the Service or the Client in order (a) to determine whether a violation of the Agreement has occurred or (b) to comply with any applicable law, regulation, legal process or governmental request.
General Practices Regarding Use and Storage. You agree that LonelyScreen has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained or transmitted by LonelyScreen. You acknowledge that LonelyScreen has set no fixed upper limit on the number of transmissions you may send or receive through LonelyScreen or the amount of storage space used; LonelyScreen retains, however, the right to create limits on use and storage at our sole discretion at any time with or without notice.
Content of the Service. LonelyScreen takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does LonelyScreen have any obligation to monitor such third-party content. LonelyScreen reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. LonelyScreen also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of LonelyScreen, its users and the public. LonelyScreen will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
Intellectual Property Rights. LonelyScreen's Intellectual Property Rights. You acknowledge that LonelyScreen owns all right, title and
interest in and to the Service and the Client, including all intellectual property rights (the "LonelyScreen Rights"), with
the exception of certain audio software licensed to LonelyScreen for use in LonelyScreen by Global IP Sound, Inc., which owns all right, title
and interest in such audio software. LonelyScreen Rights are protected by U.S. and international intellectual property laws. Accordingly,
you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service or the Client. You also agree
that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service.
As described immediately below, LonelyScreen Rights do not include third-party content used as part of the Service, including the content
of communications appearing on the Service.
Your Intellectual Property Rights. LonelyScreen does not otherwise claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload or transmit from, or store using, your LonelyScreen account.
No Resale of the Service or the Client. Unless expressly authorized in writing by LonelyScreen, you agree not to reproduce, duplicate,
copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of the LonelyScreen Service or Client, (b) use of the
LonelyScreen Service or Client, or (c) access to the LonelyScreen Service or Client.
LonelyScreen grants you a personal, non-transferable and non-exclusive right and license to use the Client on your computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right of the Client.
Publicity. Any use of LonelyScreen's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features ("Brand Features") must be in compliance with this Agreement and in compliance with LonelyScreen's then current Brand Feature use guidelines, and any content contained or referenced therein.
Automatic Updates. The LonelyScreen may communicate with LonelyScreen's servers to check for available updates to the software, including bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). During this process, the Client sends LonelyScreen a request for the latest version information. By installing LonelyScreen, you hereby agree to automatically request and receive Updates from LonelyScreen's servers.
Representations and Warranties. You represent and warrant that (a) all of the information provided by you to LonelyScreen to participate in the Service and, if applicable, to use the Client is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
Termination; Uninstallation. You can uninstall the Client at any time through the "Add or Remove Programs" Control Panel. LonelyScreen may, in its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system for some time for back-up purposes. Sections 4, 5, 7, 8, 9, and 13 -18 of the Agreement, along with applicable provisions of the general Terms of Service (including the section regarding limitation of liability), shall survive expiration or termination.
Indemnification. You agree to hold harmless and indemnify LonelyScreen, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Service or the Client, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, LonelyScreen will provide you with written notice of such claim, suit or action.
Entire Agreement. This Agreement constitutes the entire agreement between you and LonelyScreen and governs your use of the LonelyScreen, superseding any prior agreements between you and LonelyScreen. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other LonelyScreen services, affiliate services, third-party content or third-party software.
Waiver and Severability of Terms. The failure of LonelyScreen to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service 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 Terms of Service remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of LonelyScreen services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Choice of Law; Jurisdiction; Forum. These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Santa Clara County, California, and you consent to the jurisdiction of such courts.
The section headings in the Terms of Service are for convenience only and have no legal or contractual effect.