EFFECTIVE AS OF OCTOBER 10, 2022

PLEASE READ CAREFULLY BEFORE USING SCREENIA PROJECT. YOUR USE OF SCREENIA PROJECT OR ANY SERVICES PROVIDED THROUGH SCREENIA PROJECT IS SUBJECT TO THESE TERMS. YOU AGREE TO BE BOUND BY THE TERMS PRESENTED BELOW. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE SCREENIA PROJECT IN ANY WAY OR FOR ANY PURPOSE WHATSOEVER.

 

1. GENERAL PROVISIONS

1.1. «Screenia» project (hereinafter referred to as «Project») is an Internet service. Project provides creation, editing, distribution the Users’ images and also other supplementary services for private purposes only (hereinafter referred to as «Services»). Any commercial and/or public (not for personal or family reasons) utilization of the Services and/or Project shall be on a paid basis and may be governed by an additional agreement that terminates these Terms of Use («Terms») after signing with Administration. The main address of Services’ website: screenia.app

1.2. Services of Project provided by FRESH DYZAIN, TOV («Administration» or «We» or «Us»), whose principal place of business is at vul. Saksaganskogo Bud. 41 Kyiv, Kyiv 01033, Ukraine to you («User» or «You»).

1.3. These Terms are an obligatory relationship between You and Administration regarding usage of provided Services.

1.4. These Terms are accepted by You when you actually use the Services of the Project.

1.5. Administration recommends You to regularly check for changes of Terms.

1.6. You agree that We have a right to send you informational messages.

1.7. You cannot accept these Terms if: (a) you are not lawfully entitled to use the Services under any applicable laws in the country in which you are located or resident; or (b) if you are not of legal age to form a binding agreement with Administration of service.

By accepting these Terms you acknowledge and agree that you have reached the legal age to enter into such binding agreement in the country in which you are located or resident or that you have your parent or legal guardian’s permission if required by applicable law. It is your responsibility to ensure that you are legally allowed to enter into this Agreement and that you do not violate any applicable laws.

In some countries there exist legal and/or other restrictions on usage of the Services and/or downloading, installing and/or using of products, portions of products, software which are or might be available through the Services. It is your responsibility to ensure that you comply with all applicable legal restrictions in your jurisdiction.

NOTICE: You do agree to follow the COPPA terms (US “Children’s Online Privacy Protection Act of 1998”).

 

2. ACCOUNT OF USER

2.1. In order to access for using Service, User will have to go through the registration procedure.

2.2. You may check in Project using your personal e-mail and creating your personal password.

2.3 You will be solely responsible for safety (resistance to the hacking of others) password and ensuring the privacy of your own password. You will be solely responsible for all activity that occurs under your account.

 

3. INTELLECTUAL PROPERTY OF ADMINISTRATION. LEGAL STATUS OF CONTENT

3.1. Accepting these Terms you acknowledge all intellectual property rights of Administration.

3.2. Administration may review, delete, edit and translate to other languages all the texts, photos, and other materials created in connection with the Services (And has a right to use such materials on the worldwide territory). The decision by Administration to not take action to enforce these rules in a particular instance will not be considered a waiver of any right to do so in the future or in other situations.

3.3. Administration respects the rights of Users, but We have rights to edition all texts and other materials (next — «Content»/«Materials») which Users able to use and create using Services, including adding Service logo, title, warning messages in case of breach of these Terms.

Administration gives you (as an end user) a personal, worldwide, royalty-free limited, non-sublicensable, non-exclusive and revocable license to use the Project, the Mobile applications and the Materials solely in accordance with and subject to these Terms and any other of our policies as said on the Project.

3.3.1. Administration has a right to limit all rights, which have been provided to User under persona non-exclusive, revocable license.

3.3.2. Except as otherwise expressly permitted by these Terms and extra rules of the Project you may not:

1. collect, use, copy or distribute any portion of the Project or the Materials;
2. resell, publicly perform or publicly display any portion of the Materials;
3. modify or otherwise make any derivative uses of any portion of the Project, the Mobile applications or the Materials;
4. use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic devices, program, algorithm or methodology which perform similar functions to access, acquire, copy, or monitor any portion of the Project;
5. use Project in a manner that results in the depletion of Web site infrastructural resources;
6. download (other than page caching) any portion of the Project, the Materials or any information contained therein or use the Project or the Materials other than for their intended purposes;

3.4. Administration has a right (but doesn’t have to) to revise any Content or Materials.

3.5. Using Services you recognize that you are sole responsible for all Content, which you have placed or transferred by Project.

3.6. Under no circumstances will be Administration liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Project and/or the Service.

3.7. If you post Content to the Project, unless we indicate otherwise, you give Administration and its affiliates a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content in connection with clauses 3.7.1. – 3.7.3.

3.7.1. All the rights were listed which you have granted to us use exclusively for providing and promoting the Services; and/or exercising the rights granted in these Terms.

3.7.2. Administration doesn’t have to provide a report about using your Content. Another Users don’t have to provide a report about using your Content.

3.7.3. You liable for published of Content for according demands of actual law, including responsibility towards third parties, in events as substance of that Content breaches the rights of third parties.

3.8. You may not upload, publish, post, distribute or disseminate any Content and materials:

1. that defames, abuses, harasses, stalks, threatens, or otherwise violates the legal rights (such as rights of privacy and publicity) of others;
2. that is otherwise deemed as pornographic and/or obscene by the Project;
3. that promotes hatred towards groups based on race or ethnic origin, religion, disability, gender, age and/or sexual orientation/gender identity;
4. that impersonates or is intended to impersonate others in a manner that is intended to mislead or does mislead or confuse others;
5. that is protected by intellectual property laws (or by rights of privacy and/or publicity) unless you own or control the rights thereto or have received all necessary consents;
6. which contains: any unauthorized private, confidential and personal information about others;
7. that sales alcohol, drugs, tobacco and tobacco-related products, weapons or ammunition (e.g. firearms, components, fighting knives, stun guns and so on);
8. that is used for unlawful purposes or for the promotion of dangerous and illegal activities including hacking and cracking content;
9. that can be potentially malicious;

3.9. Your use of the Services, all Content and materials you posted on, transmitted through or linked from the Project and/or the Mobile applications is in compliance with the rules set forth in these Terms and 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 export control laws.

3.10. The Service enables data distribution by public access to a file by link.

3.11. Using the Service’s functions specified in 3.10. hereof, you shall act in good faith and refrain from any misuse of the functional. You shall refrain from arranging any mass file-sharing through the Service including hot linking and embedded files. Administration may apply limits and restrictions to prevent or terminate any mass file-sharing without any refunds for the remaining period.

 

4. CLAIMS AND NOTICES

4.1. Administration may give notice of a claim of copyright infringement to our users by means of a general notice on the Services, electronic mail to a user's email address in our records, or by written communication sent by email.

In accordance with the applicable law, Administration has adopted a policy of terminating, in appropriate circumstances and at the sole discretion of Administration, account holders who are deemed to be repeat infringers.

Administration may also at its sole discretion limit access to the Services of the Project and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

4.2. You agree that if Administration does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Administration has the benefit of under any applicable law), this will not be taken to be a formal waiver of Administration’s rights and that those rights or remedies will still be available to Administration.

4.3. If you believe that anything on the Services infringes upon any copyright which you own or control, you may send a notification of such infringement to: [email protected]

 

5. PAYMENT, REFUNDS, UPGRADING AND DOWNGRADING

5.1. You can use the default features of the Service free of charge. Advanced features of the Service are available subject to Screenia subscription to be purchased as prescribed by these Terms (the “Subscription”).

5.2. You can increase your storage space (turning your account into a “Paid Account”).

5.3 The Service is billed in advance on a monthly or annual basis and is non-refundable. You can cancel your Screenia Paid Account at any time. Refunds are only issued if required by law. Users living in the European Union have the right to cancel their Paid Account subscriptions within 14 days of signing up for, upgrading to or renewing a Paid Account; and get a refund for the paid amount Screenia.

5.4 With Paid Account, you authorize Administration to charge, as a prepayment, in each Subscription Period you specified when subscribing. The Subscription fee will be set on the day of payment until you refuse to renew the Subscription period for the next one.

5.5. By default Subscription is indefinite from the first Subscription Period is paid for. You may refuse to renew the Subscription for the next Subscription Period. To cancel the Subscription before the next renewal period:

5.5.1 For App Store subscriptions — Only you and Apple Team can cancel the Screenia subscription that was bought via the App Store. Check out this guide to cancel your subscription: https://support.apple.com/en-us/HT202039

5.5.1 For Google Play Store subscriptions — Only you and Google Team can cancel the Screenia subscription that was bought via the Google Play Store. Check out this guide to cancel your subscription: https://support.google.com/googleplay/answer/7018481

5.5.2. Deleting the app will not cancel the subscription. If you want to cancel your subscription read the paragraph 5.5.1 or 5.5.2

5.6. Administration may change the fees in the effect but will give you advance notice of these changes via email address associated with a personal email address.

5.7. Administration may terminate the Subscription in other cases as specified in these Terms.

5.8. By accepting these Terms, you agree to independently check for the subscription status in the Personal Account (paid Subscription Period, Subscription cost, and list of available options) and check for changes of and additions of these Terms and Personal Account.

5.9. Downgrading your service may cause the loss of content or capacity of your account. If you don’t pay for your Paid Account on time, we receive the right to suspend it or reduce your storage. Administration is not liable for any such loss.

5.10. Information about payments, subscriptions and access to the paid features can only be used with access to the Internet. You will independently gain and pay for such access under the terms of your Internet provider.

 

6. TERMINATION OF THE TERMS

6.1. You may terminate the relationship with Administration (Totally or in a part of the Project) at any time by closing your Account, or otherwise ceasing to use the Services. You acknowledge and agree that by terminating your relationship with Administration in the way stipulated in this section you will lose all access to your Project Account and it no longer be available to you. We will not be responsible and will not have any obligation to restore and/or reinstate your Project Account or any data lost.

6.2. Without limiting other remedies, Project may suspend or terminate these Terms with you, or may terminate or suspend your use of the Services at any time if:

1. you are in default of these Terms;
2. you are engaged in illegal actions or infringe proprietary rights, rights of privacy, or intellectual property rights of any person, or any third party rights, or otherwise create risk or possible legal exposure for us;
3. required by applicable laws/regulations and within the time limits as required by such laws/regulations;
4. we decide to cease offering the Services generally;

6.3. Upon termination of these Terms: (a) all licenses and rights to use the Services shall immediately terminate; (b) you will immediately cease any and all use of the Services.

6.4. Any suspension or termination of these Terms will not affect your obligations to Administration under these Terms (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability, confidentiality), which reasonably are intended to survive such suspension or termination.

6.5. We reserve the right to change or modify any provisions of these Terms or guidelines governing your use of the Services, at any time in our sole discretion and without liability to users. Any such changes or modifications will be effective immediately upon posting of revisions on the Project. Your continued use of the Services following the posting of such changes or modifications constitutes your acceptance of the Terms. Therefore, you should frequently review these Terms or guidelines on the Project in order to understand the terms and conditions applicable to your use of the Services. If you do not agree to any changes or modifications to these Terms or to any applicable policies or guidelines, your sole recourse is to stop using the Services.

 

7. EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY

No Warranties: TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE SERVICES PROVIDED “AS IS” AND USED AT YOUR SOLE RISK WITH NO WARRANTIES WHATSOEVER; ADMINISTRATION DOES NOT MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SERVICES INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. ADMINISTRATION FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES ADMINISTRATION WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET.

No Liability: YOU ACKNOWLEDGE AND AGREE THAT ADMINISTRATION SHALL HAVE NO LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES HAS BEEN NOTIFIED TO ADMINISTRATION, IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SERVICES PROVIDED TO YOU THROUGH PROJECT. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH SUCH SERVICES IS TO IMMEDIATELY CEASE USE OF SERVICES.

FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT NEITHER ADMINISTRATION NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SERVICES shall be liable to you, whether in contract, tort (including negligence) or any other theory of liability, and whether or not the possibility of such damages or losses has been notified to ADMINISTRATION, for (a) any indirect, special, incidental or consequential damages; or (b) any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation (whether direct or indirect); or (c) any damage to or corruption of data (whether direct or indirect).

If any third party brings a claim against ADMINISTRATION in connection with, or arising out of: breach of these Terms; breach of any applicable law or regulation; your infringement or violation of the rights of any third parties (including intellectual property rights), you will indemnify and hold ADMINISTRATION harmless from and against all damages, liability, loss, costs, and expenses (including reasonable legal fees and costs) related to such claim.

 

8. CONFIDENTIALITY AND SECURITY

We are committed to respecting your privacy and the confidentiality of your personal information. We will process your personal information, the traffic data, and the content of your communication(s) in accordance with our Privacy Policy. Please read it carefully before starting using the Services.

 

9. MARKETING AND PUBLICITY

You acknowledge, accept and provide the rights to FRESH DYZAIN, TOV for using the name and logo of your company without sending any notifications and confirmations from you to identify you as a customer or user of Screenia service, marketing materials, announcements, and otherwise by public announcements. You may revoke such right at any time by contacting [email protected]

 

10. MISCELLANEOUS

10.1. If any provision of these Terms (or part of it), is found by any court or administrative body of competent jurisdiction to be illegal, invalid, or unenforceable, then such provision (or part of it) shall be removed from the Terms without affecting the legality, validity or enforceability of the remainder of the Terms.

10.2. The failure by Administration to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of Administration right or remedy.

10.3. We may make changes to these Terms from time to time. The changes will be effective when published. Please review the Terms on a regular basis. You acknowledge and agree that your express acceptance of the Terms or your use of the Services after the date of publication shall constitute your agreement to the updated Terms. If you do not agree with the amended Terms, you may terminate these Terms in accordance with the set forth below.

10.4. If we are unable to provide the Services as a result of force majeure, we will not be in breach of any of its obligations towards you under these Terms.

10.5. These Terms shall be governed by and interpreted in accordance with the laws of Ukrainian to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be Ukrainian courts and each of the parties hereto waives any objection to jurisdiction and venue in such courts. However, we reserve the right to seek injunction relief in any jurisdiction when we deem it necessary.

10.6. These Terms are drafted in English.

10.7. All issues are not described in this document will be interpreted in favor of the Administration.

10.8. We may make changes to any services offered by Project, or to the applicable prices for any service at any time without notice. The materials on the website Screenia.app with respect to services may be out of date, and We make no commitment to update the materials on the website with respect to such services. Each of these policies may be updated from time to time and are effective immediately upon posting such changes on the website.

10.9. Screenia, related support libraries, or content may need to be updated, for instance, for bug fixes, enhanced functions, and new versions. Such updates may be necessary in order for you to use the Services. By agreeing to these Terms and using the Services, you agree to receive such updates automatically.

10.10. Administration will take all reasonable measures and perform all practical actions to ensure your data and maintain the performance of the Service. However, you are aware and agree there may be technical faults and failures in the operation of the Service that may be impossible to predict and to notify you about them beforehand. Regardless of cause or circumstance, these faults and failures may not be the reason for subjecting the Service to any sanctions.

 

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND ALL RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FOR THE «SCREENIA» PROJECT. BY CONTINUING TO USE THE SERVICES YOU EXPRESSLY CONSENT TO BE BOUND BY THESE TERMS YOU GRANT TO ADMINISTRATION THE RIGHTS SET FORTH HEREIN.

 

FRESH DYZAIN, TOV

vul.Saksaganskogo Bud. 41 Kyiv, Kyiv 01033