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TERMS OF USE
Updated: September 26, 2017
Welcome to screenzilla.com! The following terms of use and end user license agreement (the “Terms of Use”) constitute an agreement between you, or if you are under the age of majority in your local jurisdiction, your parent or legal guardian (collectively, “you”) and Screenzilla Entertainment Ltd. and its affiliates and subsidiaries (collectively, “Screenzilla”, “us” or “we”). These Terms of Use govern your use of and access to the Site, Software and/or Services (each as specified below). You must read and agree to be bound by the Terms of Use in order for you to lawfully obtain access to and use of the Site, Software and/or Services.
For the purposes of these Terms of Use:
“Services” means all services made available by Screenzilla, including but not limited to services accessed through the Software or the Site;
“Site” means this site, www.screenzilla.com; and
“Software” means all software programs distributed, published or otherwise made available by Screenzilla, including, but not limited to mobile games and applications, downloadable/installable games for personal computers or gaming consoles and web-based games accessed by means of a browser or other online communication method, and also includes all updates, upgrades, patches or other improvements as well as any and all accompanying manuals, packaging and other written documents, files, digital or other online materials or documentation and any and all copies of all such software and materials.
ACCEPTANCE OF TERMS
Screenzilla requires that all users of the Site, Software and/or Services adhere to these Terms of Use. Please note that all persons who are under the age of majority in their local jurisdiction must have their parent or legal guardian read and accept these Terms of Use on their behalf and take full responsibility for compliance with these Terms of Use by all persons who access or use the Site, Software and/or Services and for whom they are legally responsible. By accessing or using the Site, Software and/or Services and/or permitting access to the Site, Software and/or Services by a person below the age of majority in your local jurisdiction (each a “Permitted Minor”), and/or by clicking a box or button, or allowing a Permitted Minor to click a box or button, that states that you accept or agree to these Terms of Use, you confirm your acknowledgment and acceptance of these Terms of Use and your agreement to be bound by all such terms and conditions. You acknowledge and agree that we may update these Terms of Use at any time by posting revisions to the Site, and the continued use or access of the Site, Software and/or Services by you and/or a Permitted Minor shall constitute your acceptance of all such revisions in respect of such use of the Site, Software and/or Services. For greater certainty, you acknowledge that your acceptance of these Terms of Use is supported by good and valuable consideration including, but not limited to, the limited license granted in these Terms of Use, and you hereby acknowledge the receipt and sufficiency of such consideration.
You should carefully review these Terms of Use and, if you do not agree with them, you are not permitted to access or use the Site, Software and/or Services and you should exit the Site, cease using the Site, Software and/or Services immediately and, if you have downloaded or installed any of the Software to your devices, uninstall the Software from such devices immediately.
You are responsible for providing all equipment and software, including maintaining an account with any social networking service through which you connect to the Site and/or the associated products and services, necessary to connect to the Site and access the associated products and services, and you are responsible for any fees, including internet connection, mobile data services and similar third party fees that you incur when accessing the Site.
Parents/Guardians of Minors
If you are a parent or guardian of a Permitted Minor and you provide your consent to such Permitted Minor’s use of and access to the Site, Software and/or Services and/or registration with the Site or any third party site where a Permitted Minor may accesses the Software and/or Services, you agree to be bound by these Terms of Use in respect of their use of and access to the Site, Software and/or Services and you hereby guarantee that such Permitted Minor shall adhere to these Terms of Use. If you are a Permitted Minor or otherwise under the age of majority in your local jurisdiction, you represent and warrant that your parent or legal guardian has reviewed and agreed to these Terms of Use and has guaranteed your adherence to these Terms of Use. If you are under the age of majority in your local jurisdiction and your parent or legal guardian has not reviewed and agreed to these terms of use, you are not permitted to access or use the Site, Software and/or Services and you should exit the Site, cease using the Site, Software and/or Services immediately until your parent or legal guardian has reviewed and agreed to these Terms of Use.
Trial, Beta Accounts and Feedback
You acknowledge that we may, but are not obligated to, offer certain accounts on a trial, guest, beta and/or promotional basis. You further acknowledge and agree that we may limit the number and usage of such accounts in our sole and absolute discretion. If you have acquired a beta account, you agree that we may solicit your feedback concerning your use of the Site, Software and/or Services and your user experience. Trial, guest, beta and promotional accounts may have limited access to Site, Software and/or Services. In order to obtain full access to these Site, Software and/or Services, you may be required to purchase and/or subscribe to certain Software and/or Services.
You agree that any solicited or unsolicited comments, suggestions or other feedback you provide, whether as a beta account holder or otherwise, will be owned by Screenzilla and may be used by Screenzilla for any purpose in its sole discretion without any liability to you for any compensation or otherwise in respect of any use and/or disclosure of such comments, suggestions or other feedback and you hereby waive any associated moral rights you may have in the same.
Laws and Regulations
Your access to and use of the Site, Software and/or Services is subject to all applicable international, federal, provincial, state and local laws and regulations.
COPYRIGHT/TRADE MARKS
The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Screenzilla and/or our partners and third party licensors. Users are prohibited from using any Marks for any purpose including, but not limited to, use as metatags on other pages or sites on the Internet without the written permission of Screenzilla or such third party which may own the Marks, which permission may be withheld in the sole discretion of the owner of the relevant Marks. All information and content available on or through the Site, Software and/or Services (“Content”) is protected by copyright and/or other intellectual property laws. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content for commercial and/or public purposes.
Violation of Third Party Rights
You represent, warrant and covenant that all materials of any kind that are uploaded to or transmitted through the Site, Software and/or Services will not violate or infringe upon the rights of any third party including, but not limited to, any trade secret, copyright, trademark, service mark, trade dress, patent, privacy or other personal or proprietary rights of any such third parties. You further represent, warrant and covenant that your use of any user names attached to your account will not violate or infringe upon the trademark, service mark, trade dress or other proprietary rights of any third party. Without limiting any other rights and remedies of Screenzilla, Screenzilla may suspend the operation and use of any user names where it determines, acting reasonably but in its sole and absolute discretion, that the continued use of the user name will infringe on the proprietary rights of any third party. Screenzilla may terminate the privileges of any user who utilizes the Site, Software and/or Services to unlawfully transmit, link or otherwise provide access to copyrighted material without a valid license, express consent of the copyright owner or a fair dealing or fair use exemption (or equivalent under applicable law) and the user shall have the burden of establishing the same to the satisfaction of Screenzilla, in its sole discretion.
Alleged Copyright Infringement Policy
It is Screenzilla’s policy to respond to notices of alleged copyright infringement that are made in compliance with the Digital Millennium Copyright Act of 1998 (the “DMCA”). If you wish to provide notice of alleged copyright infringement, you must provide the necessary information in the form required by 17 U.S.C. Section 512 and in accordance with the provisions set out below. Screenzilla may, in its sole and absolute discretion, terminate or suspend access to the Site, Software and/or Services or any portion thereof, and/or cancel the Account of any user who repeatedly infringes or who is repeatedly alleged to have infringed the copyright or other intellectual property rights of third parties. Screenzilla accommodates and does not interfere with standard digital rights management and other technical measures employed by copyright owners to protect their proprietary materials.
Screenzilla requires all notices of alleged copyright infringement (a “Copyright Notice”) to be in writing and delivered via regular mail, e-mail or fax to Screenzilla or its agent in order to enable us to review and respond to your complaint as efficiently as possible while maintaining compliance with applicable laws. If you are providing a Copyright Notice under the DMCA, you must provide the detailed information outlined below. You should also be aware that, under the DMCA, you could be held liable for damages (including any costs and attorney’s fees) if you materially misrepresent that a product, service, webpage or activity is infringing your copyright. If you are not certain whether the material about which you are complaining infringes your copyright, you should obtain competent legal advice. If you are not subject to the laws of the United States or the infringing content is not hosted in the United States, the DMCA may not apply. If you are not certain whether the DMCA applies, you should obtain competent legal advice. The full text of the DMCA is available from the United States Copyright Office website at: http://www.copyright.gov.
Step 1: Create a written Copyright Notice document using this format.
Copyright Notice
Section 1: Identify your original work. Identify the copyrighted work that you claim is being infringed. In the case of online content, include the website URL where an authorized copy of your copyrighted content is located. If the copyrighted work is not available online, include a hard copy of the work and proof of the existence and your ownership of the copyright in the work (e.g. your copyright registration).
Section 2: Identify the infringing content. Identify the website URL where a copy of the allegedly infringing material is located. Provide the individual URL(s) of each relevant web page and if necessary the location of the text or content.
Section 3: Your Direct Contact Information
Name:____________________________________
Address:____________________________________
Phone Number:____________________________________
E-Mail:____________________________________
Section 4: Include the following statement:
“I have a good faith belief that use of the copyrighted materials described above in Section 1 on the allegedly infringing web pages identified above in Section 2 is not authorized by the copyright owner, its agents, or the law and therefore infringes the copyright owner’s rights. I hereby request that you forthwith remove or disable access to the identified copyrighted materials on the identified allegedly infringing web pages.”
Section 5: Include the following statement:
“I certify, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive intellectual property right that is allegedly being infringed.”
Section 6: Sign & Date
Name:____________________________________
Signature:__________________________________
Date:___________________________
Step 2: Mail, e-mail or fax the written Copyright Notice document to us.
Please note that the document must be dated and signed with your physical or electronic signature.
By Mail:
Screenzilla Entertainment Ltd.
Attn: President
C/O LAWSON LUNDELL LLP
1600 – 925 West Georgia Street
Vancouver, BC Canada
V6C 3L2
By Fax:
Screenzilla Entertainment Ltd.
Attn: President
+1 (604) 669-1620
By E-Mail:
support@screenzilla.com
Screenzilla will notify a user that it has removed or disabled access to allegedly infringing material by means of a general notice on the Site, e-mail to a user’s e-mail address in Screenzilla’s records and/or by written communication to the physical address in Screenzilla’s records. Please note that a copy of any Copyright Notice (including your personal information) may be provided to the user who allegedly provided the infringing content.
Counter-Notice to Restore Removed Content
If you are a user and receive notice that your content is alleged to infringe the copyright or other intellectual property rights of a third party, you may provide a response in writing to Screenzilla that contains the following:
(a) a detailed description of the allegedly infringing material that has been removed or disabled, together with the specific location of the web pages containing the material before it was removed or disabled;
(b) the following statement from you: “I certify, under penalty of perjury that I have a good faith belief that the materials described herein have been removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
(c) your full name, physical address and telephone number;
(d) the following statement from you: “I hereby consent to the jurisdiction of the courts of competent jurisdiction for the judicial district in which the physical address I have provided is located or, if such physical address is located outside of the United States, then I hereby consent to the jurisdiction for any judicial district in which Screenzilla may be found or, failing that, the judicial district for Seattle, Washington, United States of America, and I will accept service of process from the party who provided the DMCA Copyright Notice of the allegedly infringing material or an agent of such party.”; and
(e) your physical or electronic signature and the date of such signature.
LIMITED LICENSE
Grant of Limited License
Subject to your compliance with these Terms of Use, Screenzilla hereby grants you a limited, revocable, non-exclusive, non-transferable license, without the right to sublicense, to (i) access and utilize the Site, and (ii) to access and use the Software and/or Services which you have downloaded, installed, purchased or subscribed for, as applicable, for your personal non-commercial purposes on a single computer, mobile device or gaming unit, unless otherwise specified in the documentation accompanying the Software and/or Services. You shall not acquire any ownership rights in the Content or in any of the Software, Services or the Site. Except as expressly permitted under these Terms of Use, you will have no right to, directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, transmit, modify, adapt, enhance, improve, create any derivative works from the Site, Software and/or Services, disclose any part or feature of the Site, Software and/or Services that Screenzilla has not publicly disclosed, or display, distribute, publicly perform or any other way exploit the Site, Software, Services or the Content in whole or in part. You acknowledge and agree that we may modify, suspend or remove any Content or features of the Site, Software and/or Services at any time in our sole and absolute discretion.
License Term
The term of your licenses under these Terms of Use shall commence on the date that you accept these Terms of Use and/or access, install or otherwise use the Site, Software and/or Services and ends on the earlier date of either your disposal of the Software and/or Services or Screenzilla’s termination of these Terms of Use. Your license shall terminate immediately if you attempt to circumvent any technical protection measures used in connection with the Site, Software and/or Services or you otherwise use the Site, Software and/or Services in breach of these Terms of Use.
USER ACCOUNTS
In order to access and use certain features of the Site, Software and/or Services you may be required to register an account (the “Account”) through the Site, Software or Service. When you create or update an Account, you will be required to provide us with certain personal information, which may include your name, address, telephone number, e-mail address and/or payment information. This information will be retained and used by Screenzilla in accordance with its Privacy Policy (as amended from time to time, the “Privacy Policy”), which is incorporated by reference and forms part of these Terms of Use. You agree that all information provided by you will be accurate and complete and that you will promptly update such information if and when it changes.
NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS OF USE, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT ACQUIRE ANY OWNERSHIP OR OTHER PROPERTY RIGHT IN YOUR ACCOUNT(S), AS SUCH.
YOU MAY NOT SELL, ASSIGN OR SUBLICENSE ANY USER NAMES OR ACCOUNTS REGISTERED BY YOU AND ANY ATTEMPT TO DO SO WILL ENTITLE SCREENZILLA, IN ITS SOLE AND ABSOLUTE DISCRETION, TO CANCEL OR SUSPEND YOUR ACCOUNT AND, IN SUCH EVENT, YOU WILL NOT BE ENTITLED TO ANY REFUND OF FEES PAID TO SCREENZILLA BY YOU OR TO ANY OTHER DAMAGES IN RESPECT THEREOF.
User Names and Passwords
When you register an Account, you will be required to select a user name, a valid e-mail address, explicit consent for Screenzilla to contact you by way of the provided e-mail address, and a password which you may change at any time (the “Login Information”). Your user name may be publicly visible in certain areas of the Site, Software and/or Services. For this reason, you should avoid choosing a user name that could compromise the security of any of your personal information. We reserve the right to reject and/or remove any user name and to require you to choose a different user name at any time and for any reason in our sole and absolute discretion, including but not limited to where a third party claims that the user name violates its rights. You agree that you will not select or use a user name that is the name of, or makes reference to, another person or entity for the purposes of impersonating that person or entity or for falsely creating the appearance that you are associated with the person or entity. You agree that you will not select or use a user name in which another person or entity has legal rights unless you have that person or entity’s express permission to do so. You agree that you will not select or use a user name that a reasonable person would consider to be offensive.
You are solely responsible for preserving the confidentiality of your password(s) and the Account(s) and you are solely and completely responsible for all activities that occur within or through your Account(s) and under your password(s). You should not provide your password(s) to anyone else and you should change your password(s) regularly and any time you believe that another person has knowledge of your password(s). You are not permitted to share your Account(s) or Login Information or to allow any other person to access to your Account(s). You agree to notify us immediately if you become aware of any unauthorized use of your password(s) or your Account(s), or any other security breach involving your Account(s) or the Site, Software and/or Services at support@screenzilla.com. We are not responsible for any unauthorized access to your Account(s) or password(s) even if you have advised us of a security breach. You will be responsible for all activities that occur through your Account(s), including but not limited to purchases, whether or not such activities have been authorized by you.
Accessing Your Account(s)
Each time that you and/or a Permitted Minor log into and access an Account, you represent and warrant that:
(a) you are the person who registered the Account or are a Permitted Minor of such person;
(b) all of the personal information currently submitted in connection with the Account is complete and accurate;
(c) you and/or the Permitted Minor are using the products and services solely for permitted purposes and in compliance with these Terms of Use;
(d) you and/or any Permitted Minor are accessing the Site, Software and/or Services solely for your own personal, non-commercial purposes;
(e) you are not, and are not acting on behalf of, any competitor or prospective competitor of Screenzilla;
(f) you and/or any Permitted Minor are not accessing the Site, Software and/or Services for the purposes of any dispute or litigation involving Screenzilla;
(g) you and/or any Permitted Minor are not accessing the Site, Software and/or Services for any illegal purpose or to advertise, solicit or communicate and advertisements, and
(h) you and/or any Permitted Minor will logoff and exit the Account at the end of each session.
Unauthorized Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Site, Software and/or Services is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site, Software and/or Services may be subject to prosecution.
INFORMATION COLLECTION AND USE
Privacy
By accessing or using the Site, Software and/or Services and/or permitting access to the Site, Software and/or Services by a Permitted Minor, or otherwise accepting or agreeing to these Terms of Use, you explicitly agree to the terms and conditions of Screenzilla’s Privacy Policy and to any terms and conditions included therein by reference. Screenzilla’s Privacy Policy sets out how, why and to what extent Screenzilla collects and uses your personal and non-personal information in connection with your use and access of the Site, Software and/or Services. Screenzilla’s Privacy Policy, as amended from time to time, is available at www.screenzilla.com/privacy.
Transmission of Personal Data
You acknowledge and agree that by providing Screenzilla with any personal or proprietary user information through the Site, Software and/or Services you consent to the transmission of such personal or proprietary user information over international borders as necessary for processing in accordance with Screenzilla’s standard business practices. You should be aware that Linked Sites and any third party services which you may use to access the Software and/or Services may contain transmission of personal data provisions and be subject to privacy policies that differ from the provisions provided herein. Screenzilla is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions or the storage, handling or transmission of your personal and non-personal information by any such third parties.
Use of “Cookies”
Screenzilla reserves the right to store information on a user’s computer in the form of a “cookie” or similar file for purposes of modifying the Site to reflect users’ preferences. The Privacy Policy provides additional information regarding Screenzilla’s use of cookies as well as procedures for disabling cookies.
User Generated Content
Screenzilla is under no obligation to review any messages, information, images, game play screen shots or video or other user generated content posted in any public or private area within the Site or through the Software and/or Services (“UGC”) by you or any other users and assumes no responsibility or liability relating to any such UGC. Notwithstanding the above, Screenzilla may from time to time monitor, and/or engage a third party to monitor, the UGC and it shall be a material violation of these Terms of Use for you and/or any Permitted Minor to post or attempt to post any UGC that contain or represent, as determined by Screenzilla in its sole discretion:
(a) any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which (i) is criminal or which encourages conduct that would constitute a criminal offence, (ii) gives rise to civil liability, (iii) constitutes an invasion of privacy, (iv) otherwise violates any applicable local, state, provincial, national or international law or (v) otherwise harms or can reasonably be expected to create a significant risk of harm to any person or entity;
(b) advertisements, solicitations or commercial messages or materials of any kind (whether for profit or not);
(c) messages posted by users impersonating others;
(d) personal information such as messages which state phone numbers, government issued identification numbers, account numbers, addresses, or employer references;
(e) unauthorized messages purporting to be issued by employees or agents of Screenzilla purporting to speak on behalf of Screenzilla or containing confidential information or expressing opinions concerning Screenzilla;
(f) messages or materials that offer or encourage unauthorized downloads of any copyrighted or private information or which otherwise infringe or violate any right of a third party including, but not limited to, intellectual property rights, privacy rights, contractual rights, and confidentiality rights;
(g) message or materials which are antisocial, disruptive or destructive, including “flaming”, “spamming”, “flooding”, “trolling”, “griefing” and “phishing” as those terms are commonly understood and used in relation to the Internet;
(h) messages or materials which contain a virus or other harmful content, or which is capable of tampering with, impairing or damage the Site, Software and/or Service or any Linked Site or connected network, and/or which disrupts the use and enjoyment of any of the foregoing by any person or entity; or
(i) multiple messages by the same user restating the same point.
In exchange for your use and access of the Site, Software and/or Services, and to the extent that your contributions through use of the Site, Software and/or Services give rise to any copyright or other intellectual property interest, you hereby grant Screenzilla an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your UGC in any way and for any purpose in connection with the Site, Software and/or Services, including the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. You hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Licensor’s and other players use and enjoyment of such assets in connection with the Site, Software and/or Services under applicable law. This license grant to Screenzilla, and the above waiver of any applicable moral rights, will survive any termination of these Terms of Use.
E-COMMERCE TRANSACTIONS
From time to time Screenzilla may offer for sale certain products and services including, but not limited to, subscriptions, memberships, and/or licenses to use “virtual” items such as “virtual currency” (including but not limited to virtual cash, tokens, points, units, or credits, all for use within the game accessed through Site, Software and/or Services), free downloadable content, unlockable content, unlock keys, in-game achievements, digital content and other “virtual in-game items” (all such “virtual currency” and “virtual ingame items” being referred to herein as the “Virtual Items”). You acknowledge that Virtual Items are not real items and do not represent real money or any other type of real financial instrument, but rather are virtual items representing a license from Screenzilla to you to access certain features of the Site, Software and/or Services. REGARDLESS OF THE MANNER IN WHICH YOU ACQUIRED THE VIRTUAL ITEMS OR THE CONSIDERATION PAID IN EXCHANGE FOR THE VIRTUAL ITEMS, YOU DO NOT HAVE ANY OWNERSHIP RIGHT IN SUCH VIRTUAL ITEMS. You agree that Screenzilla may control, modify, discontinue, replace, manage and/or otherwise regulate any Virtual Items in its sole discretion.
You acknowledge and agree that only an adult (a person who has attained the age of majority in their local jurisdiction) can enter into and complete a transaction involving the payment of actual money. All payments must be remitted through an account of a payment provider or processor approved by Screenzilla and you agree to abide by the terms and conditions applicable to that payment method. When you provide any such payment account information to Screenzilla, you represent to Screenzilla that you are the authorized user of that payment account. Screenzilla, or its approved third party payment provider or processor will automatically charge your chosen method of payment on a recurring basis for applicable fees in relation to your Account(s) or automatically for any additional in-game purchases, plus any applicable taxes we are required to collect, where you authorize us to do so. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR PAYMENT ACCOUNT(S). YOU UNDERSTAND AND AGREE THAT ONCE YOU AUTHORIZE US AND/OR OUR APPROVED PAYMENT PROVIDER OR PROCESSOR TO CHARGE YOUR PAYMENT ACCOUNT(S) AND/OR THE ASSOCIATED CREDIT CARD FOR A CERTAIN AMOUNT, SUCH AMOUNT SHALL UNDER NO CIRCUMSTANCES BE REFUNDABLE IN WHOLE OR IN PART, INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR ACCOUNT(S) FOR ANY REASON, TERMINATION OF THESE TERMS OF USE AND/OR INTERRUPTION OR DISCONTINUATION OF THE SITE, SOFTWARE AND/OR SERVICES OR. If you choose a recurring subscription or membership to the Site, Software and/or Services, you acknowledge that payments will be processed automatically until you cancel the subscription or the applicable Account(s). In all cases, your order will represent your offer to Screenzilla to acquire a license to the Virtual Items, Software and/or Services ordered, which offer will be deemed to have been accepted by Screenzilla on the earlier of (i) when that the Virtual Item, Software and/or Service becomes available for use through your Account(s) and (ii) when your payment account is charged.
When you sign up for a recurring subscription, membership or other ongoing Software and/or Services, you have the right to cancel the recurring arrangement in writing within seven (7) calendar days after you first entered into the recurring arrangement and you will receive a full refund of any fees paid within thirty (30) days. However, if you access or use the Software and/or Services related to the recurring arrangement, you lose your right to withdraw from or cancel the recurring arrangement and your fees are non-refundable. With respect to Virtual Items, your right of withdrawal or cancellation is lost immediately as the performance of the related Service and/or provision of access and use of the Softeware begins as soon as you place your order. The period of any auto-renewal or recurring arrangement will be the same as the period you originally ordered unless otherwise disclosed to you at the time of purchase. The charges made in connection with any auto-renewal or recurring arrangements will also be at the same rates as were in effect at the time of your original order unless Screenzilla gives you prior notice of any change to such charges prior to such charges being made for any subsequent renewal period. If you cancel an autorenewal or recurring arrangement after the seven (7) day cancellation period or after you have accessed or used the associated Software and/or Services, you will not be entitled to a refund and the cancellation will be effective at the end of the then current recurring period unless you request an earlier termination date in writing. Cancellation requests must be submitted by email to Screenzilla at: support@screenzilla.com
WARRANTIES AND LIMITATION OF LIABILITY
No Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, ALL CONTENT, PRODUCTS AND SERVICES ON OR THROUGH THE SITE, SOFTWARE AND/OR SERVICES OR OBTAINED FROM A WEB SITE TO WHICH THE SITE IS LINKED (A “LINKED SITE”), ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SCREENZILLA DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE, SOFTWARE, SERVICES OR A LINKED SITE BY ANY PARTY OTHER THAN SCREENZILLA, OR THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL SCREENZILLA BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT. SOME JURISDICTIONS MAY NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES AND THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED.
Limitation of Liability for Use of the Site and Linked Sites
THE INFORMATION, SOFTWARE, SERVICES, PRODUCTS AND DESCRIPTIONS OF SOFTWARE AND/OR SERVICES PUBLISHED ON THE SITE OR A LINKED SITE, OR INCLUDED IN THE SOFTWARE OR SERVICES, MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, SCREENZILLA SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON THE SITE OR LINKED SITES OR CONTAINED IN THE SOFTWARE OR SERVICES. SCREENZILLA MAY MAKE IMPROVEMENTS OR CHANGES TO THE SITE, SOFTWARE AND/OR SERVICES AT ANY TIME. YOU AGREE THAT SCREENZILLA, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, SOFTWARE, SERVICES OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE SITE, SOFTWARE, SERVICES OR A LINKED SITE, EVEN IF SCREENZILLA IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT OR DEVICES, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, LOSS OF DATA, OPERATOR ERRORS, STRIKES OR OTHER LABOUR PROBLEMS OR ANY FORCE MAJEURE. SCREENZILLA CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE, SOFTWARE OR SERVICES. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL SCREENZILLA BE LIABLE TO YOU FOR ANY AMOUNT THAT EXCEEDS THE AGGREGATE OF ALL AMOUNTS PAID BY YOU TO SCREENZILLA.
APPLICABLE LAWS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, EVEN IF THIS IS THE CASE, IN NO EVENT SHALL THE TOTAL LIABILITY OF SCREENZILLA FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, RELATED TO YOUR USE OF, OR THE INABILITY TO USE THE SITE, SOFTWARE AND/OR SERVICES EXCEED THE AGGREGATE OF ALL AMOUNTS PAID BY YOU TO SCREENZILLA
Limitation of Liability for Services Arranged Through the Site
YOU AGREE THAT SCREENZILLA IS A MERE REPRESENTATIVE FOR THE SUPPLIERS AND ADVERTISERS OF THIRD PARTY GOODS AND SERVICES ADVERTISED ON OR AVAILABLE THROUGH THE SITE, SOFTWARE AND/OR SERVICES AND SCREENZILLA DOES NOT ENDORSE OR CONTROL ANY SUCH THIRD PARTY SUPPLIERS, ADVERTISERS OR SUCH THIRD PARTY GOODS OR SERVICES. ANY AND ALL CLAIMS REGARDING ANY FAILURE OR BREACH WITH RESPECT TO THE THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE SITE ARE LIMITED TO CLAIMS AGAINST ANY AND ALL SUCH THIRD PARTY SUPPLIERS AND ADVERTISERS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, SCREENZILLA HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY ADVERTISER, CARRIER OR OTHER SUPPLIER THROUGH THE SITE, SOFTWARE AND/OR SERVICES, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH ADVERTISER, CARRIER OR SUPPLIER AND YOU HEREBY EXONERATE SCREENZILLA FROM ANY LIABILITY WITH RESPECT TO THE SAME. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL SCREENZILLA BE LIABLE TO YOU FOR ANY AMOUNT THAT EXCEEDS THE AGGREGATE OF ALL AMOUNTS PAID BY YOU TO SCREENZILLA. APPLICABLE LAWS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, EVEN IF THIS IS THE CASE, IN NO EVENT SHALL THE TOTAL LIABILITY OF SCREENZILLA FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, RELATED TO YOUR USE OF, OR THE INABILITY TO USE THE SITE, SOFTWARE AND/OR SERVICES EXCEED THE AGGREGATE OF ALL AMOUNTS PAID BY YOU TO SCREENZILLA.
LINKED SITES AND THIRD PARTY SERVICES
Linked Sites
Screenzilla prohibits caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site. Screenzilla reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the Content available on any other Internet sites linked to the Site. Access to any Linked Sites is at the user’s own risk. User should be aware that Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on the Site. Screenzilla is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
Services not Controlled by Screenzilla
Some of the Software and/or Services may be accessible, or give you the ability to use such Software and/or Services, on or through a website, service or device not controlled by Screenzilla. For example, you may download install or access the Software and/or Services through a mobile or web-based online market place or have the option to use the Software and/or Services online on servers not owned or controlled by Screenzilla, or Screenzilla may make the Software and/or Services through servers that are not owned or controlled by Screenzilla. Screenzilla take no responsibility for your use or access of the Software and/or Services through or on any third party service not controlled by Screenzilla and otherwise has no control over how such services are offered, administered or operated. Any such use of serviced not controlled by Screenzilla is at your own risk and may subject you to additional or different terms and conditions imposed by the third party that owns and controls such services.
VIOLATIONS OF TERMS OF USE
You agree and acknowledge that Screenzilla may, in its sole and absolute discretion and without prior notice to you, terminate or suspend your access to the Site and your use of Screenzilla’s products and services, or any portion thereof, and/or cancel your Account if Screenzilla reasonably believes that you and/or a Permitted Minor have failed to comply with these Terms of Use or that the use of the Site by you and/or a Permitted Minor violates the rights of any third party or any applicable laws. In addition to the foregoing, Screenzilla reserves the right to pursue all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to the Site. You agree and acknowledge that monetary damages may not be an adequate remedy for any violation of these Terms of Use by you and, without limiting any of Screenzilla’s other remedies, you hereby consent to, and authorize Screenzilla to obtain, an injunction or other equitable relief from any court of competent jurisdiction. You further authorize Screenzilla to disclose your personally identifiable information where reasonably necessary in connection with the foregoing.
INDEMNIFICATION
YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS SCREENZILLA, ITS AFFILIATES AND SUBSIDIARIES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ADMINISTRATORS AND ASSIGNS OF EACH OF THE FOREGOING, FROM AND AGAINST ALL LIABILITIES, CLAIMS, ACTIONS, CAUSES OF ACTION, COSTS AND EXPENSES (INCLUDING LEGAL EXPENSES ON A FULL INDEMNITY BASIS) AND ANY OTHER FEES AND EXPENSES INCURRED FOR INVESTIGATING OR DEFENDING ANY ACTION OR THREATENED ACTION, AS WELL AS SETTLEMENT COSTS) WHICH ANY OF THE INDEMNIFIED PARTIES MAY INCUR IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RESULTING FROM: (I) YOUR AND/OR A PERMITTED MINOR’S VIOLATION OF ANY OF THESE TERMS OF USE, (II) YOUR OR A PERMITTED MINOR’S USE OR MISUSE OF THE SITE, SOFTWARE AND/OR SERVICES, (III) YOUR OR A PERMITTED MINOR’S USE OR MISUSE OF ANY LINKED SITES (IV) YOUR OR A PERMITTED MINOR’S PURCHASE OR USE OF ANY VIRTUAL ITEM AND/OR (V) YOUR OR ANY PERMITTED MINOR’S VIOLATION OF ANY LAW OR THIRD PARTY RIGHTS.
UPDATES AND AMENDMENTS
Updates and Discontinuance of Site, Software or Services
You acknowledge and agree that the Site, Software and Services are under continual development and may include public patches and/or updates, which are generally available to all users, or private patches and/or updates which are available to a smaller number of users for testing and feedback before being made generally available. You further acknowledge and agree that you may be required to accept public patches and updates to the Site, Software and/or Services from time to time in order to continue to access the Site, Software and/or Services and your related Account(s). You acknowledge and agree that Screenzilla may update, modify, patch and/or discontinue any aspect of the Site, Software and/or Services, by remotely installing updates and patches or otherwise, without your consent or approval and with or without prior, or any, notice to you.
You acknowledge that it may be necessary for you to update or upgrade third party software, hardware and devices from time to time in order to continue to access the Site, Software and/or Services and your related Account(s). Screenzilla reserves the right to modify or increase the system specifications necessary to access and use the Site, Software and/or Services at any time and without notice. You are responsible for purchasing any necessary additional technology, systems or services in order to access and use the Site, Software, Services and/or your related Account(s).
Screenzilla reserves the right, at any time, to update, modify and/or reset certain parameters of the Site, Software and/or Services which may impact the status, progress or achievements of characters, games, groups and/or items under your control or associated with your Account(s). Screenzilla will not have any liability to you for any such updates, modifications or resets or the consequences thereof.
Updates and Amendments to these Terms of Use
Screenzilla reserves the right to change, modify, add or remove portions of these Terms of Use, including to Privacy Policy, at any time in its sole discretion, and with or without notice to you, and to do any of the following:
(a) modify, suspend or terminate operation of, or access to, any portion, features or functions of the Site, Software and/or Services including, but not limited to, hours of availability, geographical availability and applicable policies or terms;
(b) make changes to any fees or charges, if any, related to your use of the Site, Software and/or Services;
(c) make changes to the equipment, hardware or software required to use and access the Site, Software and/or Services; and
(d) interrupt the Site, Software and /or Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction or other modifications.
It is your responsibility to check the Site periodically for updates to these Terms of Use and your continued use of the Site, Software and/or Services or the continued use of the Site, Software and/or Services by a Permitted Minor after a revised Terms of Use has been posted to the Site constitutes your acceptance of the then current Terms of Use.
TERMINATION
These Terms of Use, as amended from time to time by Screenzilla, shall remain effective until terminated by you or Screenzilla. You may terminate these Terms of Use by discontinuing use of the Site, Software, Services and your associated Account(s) and destroying all electronic and other copies of all related Software, including related documentation. Without limiting any other provision of these Terms of Use or the remedies available to Screenzilla, Screenzilla may immediately terminate these Terms of Use and/or cancel or suspend your Account(s) and access to the Site, Software and/or Services in its sole and absolute discretion including, without limitation, if you or any Permitted Minor violate or otherwise fail to comply with any material term or provision of these Terms of Use. Upon termination of these Terms of Use for any reason, you must cease use of your Account(s), cease accessing the Site, Software and Services and promptly destroy all electronic and other copies of the Software, including all related documentation.
GENERAL
International Use
This Site is operated from and Screenzilla is headquartered in the Province of British Columbia, Canada. By electing to access this Site, Software and/or Services from any jurisdiction outside of Canada, you accept full responsibility for ensuring that your use of the Site, Software and/or Services are in compliance with all laws applicable within that other jurisdiction. Screenzilla makes no representation that materials, products and services available on or through the Site, Software and/or Services are appropriate or available for use in jurisdictions outside of Canada. You are not permitted to access the Site, Software and/or Services from any jurisdiction in which the Content is illegal and/or accessing the Site, Software and/or Services is illegal. You may not use, export or re-export any materials from this Site, Software and/or Services in violation of any applicable laws or regulations.
Governing Law
These Terms of Use and your legal relationship with Screenzilla shall be governed by and construed in accordance with the laws of the Province of British Columbia, together with the federal laws of Canada applicable therein, without regard to its conflicts of laws principles. These Terms of Use shall not be governed by the United Nations Convention on Contracts for the Sale of Goods. The controlling language of these Terms of Use is English.
Waiver and Severability
The failure of Screenzilla to enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. In the event that any provision of these Terms of Use is held to be invalid or unenforceable by any court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible and the remaining provisions of the Terms of Use will remain in full force and effect. All remedies of Screenzilla hereunder shall be cumulative.
Assignment
You may not assign any of your rights or obligations hereunder, whether voluntarily or by operation of law except with the prior express written consent of Screenzilla, which consent may be withheld in Screenzilla’s sole discretion, and any attempted assignment in violation of the foregoing is void. Screenzilla may assign any or all of its rights and obligations hereunder to an affiliate, subsidiary or a successor in title to the Site and/or the business and undertaking of Screenzilla.
Enurement
These Terms of Use shall enure to the benefit of and be binding upon the parties and their respective heirs, executors, administrators, successors and permitted assigns.
Force Majeure
Screenzilla will be liable for, or be considered to be in breach of or default under these Terms of Use on account of, any delay or failure to perform as required by these Terms of Use as a result of events beyond the reasonable control of Screenzilla, including without limiting the foregoing where the delay or failure is due to fires or fire related hazards, explosions, power outages, earthquakes, floods, spills, epidemics, acts of God, war or acts of war, acts of terrorism, riots, strikes, lockouts or other labour or contractor actions, acts of public authorities, or delays or defaults caused by common carriers, or other similar events which cannot reasonably be foreseen or provided against.
Notices
Any notices or other communications permitted or required hereunder, including but not limited to modifications to these Terms of Use and/or any policy referred to herein, will be in writing and given by Screenzilla (i) via email (in each case to the email address provided by you for your Account(s)) or (ii) by posting to the Site. Notice delivered by email will be deemed to have been received on the date on which such notice is transmitted.
Dispute Resolution
You and Screenzilla agree that any dispute, claim or controversy arising out of or relating to these Terms of Use, any policy referred to herein, or the breach, termination, enforcement, interpretation or the validity thereof, or the use of the Site, Software, Services or Content (collectively, the “Disputes”) will be settled by binding arbitration, except that each party retains the right to (i) bring an individual action in the British Columbia Provincial Court (Small Claims Division) if the action is within the jurisdiction of that court and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, confidential information or other intellectual property rights. You acknowledge and agree that you and Screenzilla are each waiving the right to a trial by jury and the right to participate as a plaintiff or a class member in any purported class action or similar representative proceeding. Further, unless you and Screenzilla expressly agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class or representative proceeding. This “Dispute Resolution” section shall survive any termination of these Terms of Use.
Any arbitration to be conducted pursuant to this “Dispute Resolution” section shall be conducted before a single arbitrator in accordance with the rules of the British Columbia International Commercial Arbitration Centre for Domestic Disputes. The venue of the arbitration shall be Vancouver, British Columbia, Canada.
Entire Agreement
These Terms of Use, together with the Privacy Policy and any supplemental terms and conditions referred to below, constitute the entire agreement between the parties concerning the subject-matter hereof and supersede and replace any and all prior oral or written understandings or agreements between you and Screenzilla regarding the Site, Software, Services and the Content.
Survival
The provisions of these Terms of Use which require or contemplate performance after the expiration or termination of these Terms of Use shall remain enforceable notwithstanding such expiration or termination.
Relationship
The relationship between the parties is that of independent contractors and neither party shall have the authority to bind the other in any way.
SUPPLEMENTAL TERMS
Additional Terms and Conditions for Specific Screenzilla Software or Services
Certain Screenzilla Software and/or Services may require you to read and agree to terms and conditions that are specific to that Software and/or Service. Your right to use such Software and/or Service is subject to those specific terms and these Terms of Use. If there are any inconsistencies between the specific terms and these terms, Screenzilla will be the final and sole arbiter of any such inconsistencies.
The Xbox Live® Terms of Use
The Xbox Live® Terms of Use continue to apply in their entirety and govern your conduct while accessing Screenzilla Software and/or Services through Xbox Live®. To the extent that Xbox Live® Terms of Use conflict with these Terms of Use, the Xbox Live® Terms of Use control. Screenzilla is solely responsible for the operation and content of Screenzilla Software and/or Services. Microsoft may collect and use information about you and your use of Xbox Live® while accessing Screenzilla Software and/or Services through Xbox Live®. Microsoft's use and collection of such information is governed by the Xbox Live® Privacy Statement (available at xbox.com or by calling 1-800-4MY-XBOX). BY ACCESSING SCREENZILLA SOFTWARE AND/OR SERVICES THROUGH Xbox Live® YOU HEREBY AGREE THAT MICROSOFT SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT YOU MAY SUFFER WHILE ACCESSING SCREENZILLA SOFTWARE AND/OR SERVICES THROUGH THE Xbox Live® SERVICE, AND YOU HEREBY WAIVE ANY AND ALL CAUSES OF ACTION AND CLAIMS THAT YOU MIGHT BE ABLE TO ASSERT AGAINST MICROSOFT ARISING OUT SUCH DAMAGES OR YOUR USE OF THE SCREENZILLA SOFTWARE AND/OR SERVICES. Screenzilla is solely responsible for providing all customer support and billing for services obtained through Screenzilla Software and/or Services.
Screenzilla Software and/or Services for the PlayStation®4 computer entertainment systems
The "PlayStation Network" Terms of Service continue to apply in their entirety and govern your conduct while accessing Screenzilla Software and/or Services through the "PlayStation Network". Any conflict between these Terms of Use and the "PlayStation Network" Terms of Service and User Agreement shall be resolved in favor of the "PlayStation Network" Terms of Service and User Agreement.
PlayStation®Store Purchases in Europe
Any content purchased in an in-game store will be purchased from Sony Network Entertainment Europe Limited ("SNEE") and be subject to "PlayStation Network" Terms of Service and User Agreement which is available on the PlayStation®Store. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the game.
PlayStation®Store Purchases in USA and Canada
Purchase and use of items are subject to the "PlayStation Network" Terms of Service and User Agreement. This online service has been sublicensed to you by Sony Computer Entertainment America.
Updated: September 26, 2017
Welcome to screenzilla.com! The following terms of use and end user license agreement (the “Terms of Use”) constitute an agreement between you, or if you are under the age of majority in your local jurisdiction, your parent or legal guardian (collectively, “you”) and Screenzilla Entertainment Ltd. and its affiliates and subsidiaries (collectively, “Screenzilla”, “us” or “we”). These Terms of Use govern your use of and access to the Site, Software and/or Services (each as specified below). You must read and agree to be bound by the Terms of Use in order for you to lawfully obtain access to and use of the Site, Software and/or Services.
For the purposes of these Terms of Use:
“Services” means all services made available by Screenzilla, including but not limited to services accessed through the Software or the Site;
“Site” means this site, www.screenzilla.com; and
“Software” means all software programs distributed, published or otherwise made available by Screenzilla, including, but not limited to mobile games and applications, downloadable/installable games for personal computers or gaming consoles and web-based games accessed by means of a browser or other online communication method, and also includes all updates, upgrades, patches or other improvements as well as any and all accompanying manuals, packaging and other written documents, files, digital or other online materials or documentation and any and all copies of all such software and materials.
ACCEPTANCE OF TERMS
Screenzilla requires that all users of the Site, Software and/or Services adhere to these Terms of Use. Please note that all persons who are under the age of majority in their local jurisdiction must have their parent or legal guardian read and accept these Terms of Use on their behalf and take full responsibility for compliance with these Terms of Use by all persons who access or use the Site, Software and/or Services and for whom they are legally responsible. By accessing or using the Site, Software and/or Services and/or permitting access to the Site, Software and/or Services by a person below the age of majority in your local jurisdiction (each a “Permitted Minor”), and/or by clicking a box or button, or allowing a Permitted Minor to click a box or button, that states that you accept or agree to these Terms of Use, you confirm your acknowledgment and acceptance of these Terms of Use and your agreement to be bound by all such terms and conditions. You acknowledge and agree that we may update these Terms of Use at any time by posting revisions to the Site, and the continued use or access of the Site, Software and/or Services by you and/or a Permitted Minor shall constitute your acceptance of all such revisions in respect of such use of the Site, Software and/or Services. For greater certainty, you acknowledge that your acceptance of these Terms of Use is supported by good and valuable consideration including, but not limited to, the limited license granted in these Terms of Use, and you hereby acknowledge the receipt and sufficiency of such consideration.
You should carefully review these Terms of Use and, if you do not agree with them, you are not permitted to access or use the Site, Software and/or Services and you should exit the Site, cease using the Site, Software and/or Services immediately and, if you have downloaded or installed any of the Software to your devices, uninstall the Software from such devices immediately.
You are responsible for providing all equipment and software, including maintaining an account with any social networking service through which you connect to the Site and/or the associated products and services, necessary to connect to the Site and access the associated products and services, and you are responsible for any fees, including internet connection, mobile data services and similar third party fees that you incur when accessing the Site.
Parents/Guardians of Minors
If you are a parent or guardian of a Permitted Minor and you provide your consent to such Permitted Minor’s use of and access to the Site, Software and/or Services and/or registration with the Site or any third party site where a Permitted Minor may accesses the Software and/or Services, you agree to be bound by these Terms of Use in respect of their use of and access to the Site, Software and/or Services and you hereby guarantee that such Permitted Minor shall adhere to these Terms of Use. If you are a Permitted Minor or otherwise under the age of majority in your local jurisdiction, you represent and warrant that your parent or legal guardian has reviewed and agreed to these Terms of Use and has guaranteed your adherence to these Terms of Use. If you are under the age of majority in your local jurisdiction and your parent or legal guardian has not reviewed and agreed to these terms of use, you are not permitted to access or use the Site, Software and/or Services and you should exit the Site, cease using the Site, Software and/or Services immediately until your parent or legal guardian has reviewed and agreed to these Terms of Use.
Trial, Beta Accounts and Feedback
You acknowledge that we may, but are not obligated to, offer certain accounts on a trial, guest, beta and/or promotional basis. You further acknowledge and agree that we may limit the number and usage of such accounts in our sole and absolute discretion. If you have acquired a beta account, you agree that we may solicit your feedback concerning your use of the Site, Software and/or Services and your user experience. Trial, guest, beta and promotional accounts may have limited access to Site, Software and/or Services. In order to obtain full access to these Site, Software and/or Services, you may be required to purchase and/or subscribe to certain Software and/or Services.
You agree that any solicited or unsolicited comments, suggestions or other feedback you provide, whether as a beta account holder or otherwise, will be owned by Screenzilla and may be used by Screenzilla for any purpose in its sole discretion without any liability to you for any compensation or otherwise in respect of any use and/or disclosure of such comments, suggestions or other feedback and you hereby waive any associated moral rights you may have in the same.
Laws and Regulations
Your access to and use of the Site, Software and/or Services is subject to all applicable international, federal, provincial, state and local laws and regulations.
COPYRIGHT/TRADE MARKS
The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Screenzilla and/or our partners and third party licensors. Users are prohibited from using any Marks for any purpose including, but not limited to, use as metatags on other pages or sites on the Internet without the written permission of Screenzilla or such third party which may own the Marks, which permission may be withheld in the sole discretion of the owner of the relevant Marks. All information and content available on or through the Site, Software and/or Services (“Content”) is protected by copyright and/or other intellectual property laws. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content for commercial and/or public purposes.
Violation of Third Party Rights
You represent, warrant and covenant that all materials of any kind that are uploaded to or transmitted through the Site, Software and/or Services will not violate or infringe upon the rights of any third party including, but not limited to, any trade secret, copyright, trademark, service mark, trade dress, patent, privacy or other personal or proprietary rights of any such third parties. You further represent, warrant and covenant that your use of any user names attached to your account will not violate or infringe upon the trademark, service mark, trade dress or other proprietary rights of any third party. Without limiting any other rights and remedies of Screenzilla, Screenzilla may suspend the operation and use of any user names where it determines, acting reasonably but in its sole and absolute discretion, that the continued use of the user name will infringe on the proprietary rights of any third party. Screenzilla may terminate the privileges of any user who utilizes the Site, Software and/or Services to unlawfully transmit, link or otherwise provide access to copyrighted material without a valid license, express consent of the copyright owner or a fair dealing or fair use exemption (or equivalent under applicable law) and the user shall have the burden of establishing the same to the satisfaction of Screenzilla, in its sole discretion.
Alleged Copyright Infringement Policy
It is Screenzilla’s policy to respond to notices of alleged copyright infringement that are made in compliance with the Digital Millennium Copyright Act of 1998 (the “DMCA”). If you wish to provide notice of alleged copyright infringement, you must provide the necessary information in the form required by 17 U.S.C. Section 512 and in accordance with the provisions set out below. Screenzilla may, in its sole and absolute discretion, terminate or suspend access to the Site, Software and/or Services or any portion thereof, and/or cancel the Account of any user who repeatedly infringes or who is repeatedly alleged to have infringed the copyright or other intellectual property rights of third parties. Screenzilla accommodates and does not interfere with standard digital rights management and other technical measures employed by copyright owners to protect their proprietary materials.
Screenzilla requires all notices of alleged copyright infringement (a “Copyright Notice”) to be in writing and delivered via regular mail, e-mail or fax to Screenzilla or its agent in order to enable us to review and respond to your complaint as efficiently as possible while maintaining compliance with applicable laws. If you are providing a Copyright Notice under the DMCA, you must provide the detailed information outlined below. You should also be aware that, under the DMCA, you could be held liable for damages (including any costs and attorney’s fees) if you materially misrepresent that a product, service, webpage or activity is infringing your copyright. If you are not certain whether the material about which you are complaining infringes your copyright, you should obtain competent legal advice. If you are not subject to the laws of the United States or the infringing content is not hosted in the United States, the DMCA may not apply. If you are not certain whether the DMCA applies, you should obtain competent legal advice. The full text of the DMCA is available from the United States Copyright Office website at: http://www.copyright.gov.
Step 1: Create a written Copyright Notice document using this format.
Copyright Notice
Section 1: Identify your original work. Identify the copyrighted work that you claim is being infringed. In the case of online content, include the website URL where an authorized copy of your copyrighted content is located. If the copyrighted work is not available online, include a hard copy of the work and proof of the existence and your ownership of the copyright in the work (e.g. your copyright registration).
Section 2: Identify the infringing content. Identify the website URL where a copy of the allegedly infringing material is located. Provide the individual URL(s) of each relevant web page and if necessary the location of the text or content.
Section 3: Your Direct Contact Information
Name:____________________________________
Address:____________________________________
Phone Number:____________________________________
E-Mail:____________________________________
Section 4: Include the following statement:
“I have a good faith belief that use of the copyrighted materials described above in Section 1 on the allegedly infringing web pages identified above in Section 2 is not authorized by the copyright owner, its agents, or the law and therefore infringes the copyright owner’s rights. I hereby request that you forthwith remove or disable access to the identified copyrighted materials on the identified allegedly infringing web pages.”
Section 5: Include the following statement:
“I certify, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive intellectual property right that is allegedly being infringed.”
Section 6: Sign & Date
Name:____________________________________
Signature:__________________________________
Date:___________________________
Step 2: Mail, e-mail or fax the written Copyright Notice document to us.
Please note that the document must be dated and signed with your physical or electronic signature.
By Mail:
Screenzilla Entertainment Ltd.
Attn: President
C/O LAWSON LUNDELL LLP
1600 – 925 West Georgia Street
Vancouver, BC Canada
V6C 3L2
By Fax:
Screenzilla Entertainment Ltd.
Attn: President
+1 (604) 669-1620
By E-Mail:
support@screenzilla.com
Screenzilla will notify a user that it has removed or disabled access to allegedly infringing material by means of a general notice on the Site, e-mail to a user’s e-mail address in Screenzilla’s records and/or by written communication to the physical address in Screenzilla’s records. Please note that a copy of any Copyright Notice (including your personal information) may be provided to the user who allegedly provided the infringing content.
Counter-Notice to Restore Removed Content
If you are a user and receive notice that your content is alleged to infringe the copyright or other intellectual property rights of a third party, you may provide a response in writing to Screenzilla that contains the following:
(a) a detailed description of the allegedly infringing material that has been removed or disabled, together with the specific location of the web pages containing the material before it was removed or disabled;
(b) the following statement from you: “I certify, under penalty of perjury that I have a good faith belief that the materials described herein have been removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
(c) your full name, physical address and telephone number;
(d) the following statement from you: “I hereby consent to the jurisdiction of the courts of competent jurisdiction for the judicial district in which the physical address I have provided is located or, if such physical address is located outside of the United States, then I hereby consent to the jurisdiction for any judicial district in which Screenzilla may be found or, failing that, the judicial district for Seattle, Washington, United States of America, and I will accept service of process from the party who provided the DMCA Copyright Notice of the allegedly infringing material or an agent of such party.”; and
(e) your physical or electronic signature and the date of such signature.
LIMITED LICENSE
Grant of Limited License
Subject to your compliance with these Terms of Use, Screenzilla hereby grants you a limited, revocable, non-exclusive, non-transferable license, without the right to sublicense, to (i) access and utilize the Site, and (ii) to access and use the Software and/or Services which you have downloaded, installed, purchased or subscribed for, as applicable, for your personal non-commercial purposes on a single computer, mobile device or gaming unit, unless otherwise specified in the documentation accompanying the Software and/or Services. You shall not acquire any ownership rights in the Content or in any of the Software, Services or the Site. Except as expressly permitted under these Terms of Use, you will have no right to, directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, transmit, modify, adapt, enhance, improve, create any derivative works from the Site, Software and/or Services, disclose any part or feature of the Site, Software and/or Services that Screenzilla has not publicly disclosed, or display, distribute, publicly perform or any other way exploit the Site, Software, Services or the Content in whole or in part. You acknowledge and agree that we may modify, suspend or remove any Content or features of the Site, Software and/or Services at any time in our sole and absolute discretion.
License Term
The term of your licenses under these Terms of Use shall commence on the date that you accept these Terms of Use and/or access, install or otherwise use the Site, Software and/or Services and ends on the earlier date of either your disposal of the Software and/or Services or Screenzilla’s termination of these Terms of Use. Your license shall terminate immediately if you attempt to circumvent any technical protection measures used in connection with the Site, Software and/or Services or you otherwise use the Site, Software and/or Services in breach of these Terms of Use.
USER ACCOUNTS
In order to access and use certain features of the Site, Software and/or Services you may be required to register an account (the “Account”) through the Site, Software or Service. When you create or update an Account, you will be required to provide us with certain personal information, which may include your name, address, telephone number, e-mail address and/or payment information. This information will be retained and used by Screenzilla in accordance with its Privacy Policy (as amended from time to time, the “Privacy Policy”), which is incorporated by reference and forms part of these Terms of Use. You agree that all information provided by you will be accurate and complete and that you will promptly update such information if and when it changes.
NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS OF USE, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT ACQUIRE ANY OWNERSHIP OR OTHER PROPERTY RIGHT IN YOUR ACCOUNT(S), AS SUCH.
YOU MAY NOT SELL, ASSIGN OR SUBLICENSE ANY USER NAMES OR ACCOUNTS REGISTERED BY YOU AND ANY ATTEMPT TO DO SO WILL ENTITLE SCREENZILLA, IN ITS SOLE AND ABSOLUTE DISCRETION, TO CANCEL OR SUSPEND YOUR ACCOUNT AND, IN SUCH EVENT, YOU WILL NOT BE ENTITLED TO ANY REFUND OF FEES PAID TO SCREENZILLA BY YOU OR TO ANY OTHER DAMAGES IN RESPECT THEREOF.
User Names and Passwords
When you register an Account, you will be required to select a user name, a valid e-mail address, explicit consent for Screenzilla to contact you by way of the provided e-mail address, and a password which you may change at any time (the “Login Information”). Your user name may be publicly visible in certain areas of the Site, Software and/or Services. For this reason, you should avoid choosing a user name that could compromise the security of any of your personal information. We reserve the right to reject and/or remove any user name and to require you to choose a different user name at any time and for any reason in our sole and absolute discretion, including but not limited to where a third party claims that the user name violates its rights. You agree that you will not select or use a user name that is the name of, or makes reference to, another person or entity for the purposes of impersonating that person or entity or for falsely creating the appearance that you are associated with the person or entity. You agree that you will not select or use a user name in which another person or entity has legal rights unless you have that person or entity’s express permission to do so. You agree that you will not select or use a user name that a reasonable person would consider to be offensive.
You are solely responsible for preserving the confidentiality of your password(s) and the Account(s) and you are solely and completely responsible for all activities that occur within or through your Account(s) and under your password(s). You should not provide your password(s) to anyone else and you should change your password(s) regularly and any time you believe that another person has knowledge of your password(s). You are not permitted to share your Account(s) or Login Information or to allow any other person to access to your Account(s). You agree to notify us immediately if you become aware of any unauthorized use of your password(s) or your Account(s), or any other security breach involving your Account(s) or the Site, Software and/or Services at support@screenzilla.com. We are not responsible for any unauthorized access to your Account(s) or password(s) even if you have advised us of a security breach. You will be responsible for all activities that occur through your Account(s), including but not limited to purchases, whether or not such activities have been authorized by you.
Accessing Your Account(s)
Each time that you and/or a Permitted Minor log into and access an Account, you represent and warrant that:
(a) you are the person who registered the Account or are a Permitted Minor of such person;
(b) all of the personal information currently submitted in connection with the Account is complete and accurate;
(c) you and/or the Permitted Minor are using the products and services solely for permitted purposes and in compliance with these Terms of Use;
(d) you and/or any Permitted Minor are accessing the Site, Software and/or Services solely for your own personal, non-commercial purposes;
(e) you are not, and are not acting on behalf of, any competitor or prospective competitor of Screenzilla;
(f) you and/or any Permitted Minor are not accessing the Site, Software and/or Services for the purposes of any dispute or litigation involving Screenzilla;
(g) you and/or any Permitted Minor are not accessing the Site, Software and/or Services for any illegal purpose or to advertise, solicit or communicate and advertisements, and
(h) you and/or any Permitted Minor will logoff and exit the Account at the end of each session.
Unauthorized Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Site, Software and/or Services is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site, Software and/or Services may be subject to prosecution.
INFORMATION COLLECTION AND USE
Privacy
By accessing or using the Site, Software and/or Services and/or permitting access to the Site, Software and/or Services by a Permitted Minor, or otherwise accepting or agreeing to these Terms of Use, you explicitly agree to the terms and conditions of Screenzilla’s Privacy Policy and to any terms and conditions included therein by reference. Screenzilla’s Privacy Policy sets out how, why and to what extent Screenzilla collects and uses your personal and non-personal information in connection with your use and access of the Site, Software and/or Services. Screenzilla’s Privacy Policy, as amended from time to time, is available at www.screenzilla.com/privacy.
Transmission of Personal Data
You acknowledge and agree that by providing Screenzilla with any personal or proprietary user information through the Site, Software and/or Services you consent to the transmission of such personal or proprietary user information over international borders as necessary for processing in accordance with Screenzilla’s standard business practices. You should be aware that Linked Sites and any third party services which you may use to access the Software and/or Services may contain transmission of personal data provisions and be subject to privacy policies that differ from the provisions provided herein. Screenzilla is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions or the storage, handling or transmission of your personal and non-personal information by any such third parties.
Use of “Cookies”
Screenzilla reserves the right to store information on a user’s computer in the form of a “cookie” or similar file for purposes of modifying the Site to reflect users’ preferences. The Privacy Policy provides additional information regarding Screenzilla’s use of cookies as well as procedures for disabling cookies.
User Generated Content
Screenzilla is under no obligation to review any messages, information, images, game play screen shots or video or other user generated content posted in any public or private area within the Site or through the Software and/or Services (“UGC”) by you or any other users and assumes no responsibility or liability relating to any such UGC. Notwithstanding the above, Screenzilla may from time to time monitor, and/or engage a third party to monitor, the UGC and it shall be a material violation of these Terms of Use for you and/or any Permitted Minor to post or attempt to post any UGC that contain or represent, as determined by Screenzilla in its sole discretion:
(a) any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which (i) is criminal or which encourages conduct that would constitute a criminal offence, (ii) gives rise to civil liability, (iii) constitutes an invasion of privacy, (iv) otherwise violates any applicable local, state, provincial, national or international law or (v) otherwise harms or can reasonably be expected to create a significant risk of harm to any person or entity;
(b) advertisements, solicitations or commercial messages or materials of any kind (whether for profit or not);
(c) messages posted by users impersonating others;
(d) personal information such as messages which state phone numbers, government issued identification numbers, account numbers, addresses, or employer references;
(e) unauthorized messages purporting to be issued by employees or agents of Screenzilla purporting to speak on behalf of Screenzilla or containing confidential information or expressing opinions concerning Screenzilla;
(f) messages or materials that offer or encourage unauthorized downloads of any copyrighted or private information or which otherwise infringe or violate any right of a third party including, but not limited to, intellectual property rights, privacy rights, contractual rights, and confidentiality rights;
(g) message or materials which are antisocial, disruptive or destructive, including “flaming”, “spamming”, “flooding”, “trolling”, “griefing” and “phishing” as those terms are commonly understood and used in relation to the Internet;
(h) messages or materials which contain a virus or other harmful content, or which is capable of tampering with, impairing or damage the Site, Software and/or Service or any Linked Site or connected network, and/or which disrupts the use and enjoyment of any of the foregoing by any person or entity; or
(i) multiple messages by the same user restating the same point.
In exchange for your use and access of the Site, Software and/or Services, and to the extent that your contributions through use of the Site, Software and/or Services give rise to any copyright or other intellectual property interest, you hereby grant Screenzilla an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your UGC in any way and for any purpose in connection with the Site, Software and/or Services, including the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. You hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Licensor’s and other players use and enjoyment of such assets in connection with the Site, Software and/or Services under applicable law. This license grant to Screenzilla, and the above waiver of any applicable moral rights, will survive any termination of these Terms of Use.
E-COMMERCE TRANSACTIONS
From time to time Screenzilla may offer for sale certain products and services including, but not limited to, subscriptions, memberships, and/or licenses to use “virtual” items such as “virtual currency” (including but not limited to virtual cash, tokens, points, units, or credits, all for use within the game accessed through Site, Software and/or Services), free downloadable content, unlockable content, unlock keys, in-game achievements, digital content and other “virtual in-game items” (all such “virtual currency” and “virtual ingame items” being referred to herein as the “Virtual Items”). You acknowledge that Virtual Items are not real items and do not represent real money or any other type of real financial instrument, but rather are virtual items representing a license from Screenzilla to you to access certain features of the Site, Software and/or Services. REGARDLESS OF THE MANNER IN WHICH YOU ACQUIRED THE VIRTUAL ITEMS OR THE CONSIDERATION PAID IN EXCHANGE FOR THE VIRTUAL ITEMS, YOU DO NOT HAVE ANY OWNERSHIP RIGHT IN SUCH VIRTUAL ITEMS. You agree that Screenzilla may control, modify, discontinue, replace, manage and/or otherwise regulate any Virtual Items in its sole discretion.
You acknowledge and agree that only an adult (a person who has attained the age of majority in their local jurisdiction) can enter into and complete a transaction involving the payment of actual money. All payments must be remitted through an account of a payment provider or processor approved by Screenzilla and you agree to abide by the terms and conditions applicable to that payment method. When you provide any such payment account information to Screenzilla, you represent to Screenzilla that you are the authorized user of that payment account. Screenzilla, or its approved third party payment provider or processor will automatically charge your chosen method of payment on a recurring basis for applicable fees in relation to your Account(s) or automatically for any additional in-game purchases, plus any applicable taxes we are required to collect, where you authorize us to do so. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR PAYMENT ACCOUNT(S). YOU UNDERSTAND AND AGREE THAT ONCE YOU AUTHORIZE US AND/OR OUR APPROVED PAYMENT PROVIDER OR PROCESSOR TO CHARGE YOUR PAYMENT ACCOUNT(S) AND/OR THE ASSOCIATED CREDIT CARD FOR A CERTAIN AMOUNT, SUCH AMOUNT SHALL UNDER NO CIRCUMSTANCES BE REFUNDABLE IN WHOLE OR IN PART, INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR ACCOUNT(S) FOR ANY REASON, TERMINATION OF THESE TERMS OF USE AND/OR INTERRUPTION OR DISCONTINUATION OF THE SITE, SOFTWARE AND/OR SERVICES OR. If you choose a recurring subscription or membership to the Site, Software and/or Services, you acknowledge that payments will be processed automatically until you cancel the subscription or the applicable Account(s). In all cases, your order will represent your offer to Screenzilla to acquire a license to the Virtual Items, Software and/or Services ordered, which offer will be deemed to have been accepted by Screenzilla on the earlier of (i) when that the Virtual Item, Software and/or Service becomes available for use through your Account(s) and (ii) when your payment account is charged.
When you sign up for a recurring subscription, membership or other ongoing Software and/or Services, you have the right to cancel the recurring arrangement in writing within seven (7) calendar days after you first entered into the recurring arrangement and you will receive a full refund of any fees paid within thirty (30) days. However, if you access or use the Software and/or Services related to the recurring arrangement, you lose your right to withdraw from or cancel the recurring arrangement and your fees are non-refundable. With respect to Virtual Items, your right of withdrawal or cancellation is lost immediately as the performance of the related Service and/or provision of access and use of the Softeware begins as soon as you place your order. The period of any auto-renewal or recurring arrangement will be the same as the period you originally ordered unless otherwise disclosed to you at the time of purchase. The charges made in connection with any auto-renewal or recurring arrangements will also be at the same rates as were in effect at the time of your original order unless Screenzilla gives you prior notice of any change to such charges prior to such charges being made for any subsequent renewal period. If you cancel an autorenewal or recurring arrangement after the seven (7) day cancellation period or after you have accessed or used the associated Software and/or Services, you will not be entitled to a refund and the cancellation will be effective at the end of the then current recurring period unless you request an earlier termination date in writing. Cancellation requests must be submitted by email to Screenzilla at: support@screenzilla.com
WARRANTIES AND LIMITATION OF LIABILITY
No Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, ALL CONTENT, PRODUCTS AND SERVICES ON OR THROUGH THE SITE, SOFTWARE AND/OR SERVICES OR OBTAINED FROM A WEB SITE TO WHICH THE SITE IS LINKED (A “LINKED SITE”), ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SCREENZILLA DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE, SOFTWARE, SERVICES OR A LINKED SITE BY ANY PARTY OTHER THAN SCREENZILLA, OR THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL SCREENZILLA BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT. SOME JURISDICTIONS MAY NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES AND THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED.
Limitation of Liability for Use of the Site and Linked Sites
THE INFORMATION, SOFTWARE, SERVICES, PRODUCTS AND DESCRIPTIONS OF SOFTWARE AND/OR SERVICES PUBLISHED ON THE SITE OR A LINKED SITE, OR INCLUDED IN THE SOFTWARE OR SERVICES, MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, SCREENZILLA SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON THE SITE OR LINKED SITES OR CONTAINED IN THE SOFTWARE OR SERVICES. SCREENZILLA MAY MAKE IMPROVEMENTS OR CHANGES TO THE SITE, SOFTWARE AND/OR SERVICES AT ANY TIME. YOU AGREE THAT SCREENZILLA, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, SOFTWARE, SERVICES OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE SITE, SOFTWARE, SERVICES OR A LINKED SITE, EVEN IF SCREENZILLA IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT OR DEVICES, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, LOSS OF DATA, OPERATOR ERRORS, STRIKES OR OTHER LABOUR PROBLEMS OR ANY FORCE MAJEURE. SCREENZILLA CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE, SOFTWARE OR SERVICES. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL SCREENZILLA BE LIABLE TO YOU FOR ANY AMOUNT THAT EXCEEDS THE AGGREGATE OF ALL AMOUNTS PAID BY YOU TO SCREENZILLA.
APPLICABLE LAWS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, EVEN IF THIS IS THE CASE, IN NO EVENT SHALL THE TOTAL LIABILITY OF SCREENZILLA FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, RELATED TO YOUR USE OF, OR THE INABILITY TO USE THE SITE, SOFTWARE AND/OR SERVICES EXCEED THE AGGREGATE OF ALL AMOUNTS PAID BY YOU TO SCREENZILLA
Limitation of Liability for Services Arranged Through the Site
YOU AGREE THAT SCREENZILLA IS A MERE REPRESENTATIVE FOR THE SUPPLIERS AND ADVERTISERS OF THIRD PARTY GOODS AND SERVICES ADVERTISED ON OR AVAILABLE THROUGH THE SITE, SOFTWARE AND/OR SERVICES AND SCREENZILLA DOES NOT ENDORSE OR CONTROL ANY SUCH THIRD PARTY SUPPLIERS, ADVERTISERS OR SUCH THIRD PARTY GOODS OR SERVICES. ANY AND ALL CLAIMS REGARDING ANY FAILURE OR BREACH WITH RESPECT TO THE THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE SITE ARE LIMITED TO CLAIMS AGAINST ANY AND ALL SUCH THIRD PARTY SUPPLIERS AND ADVERTISERS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, SCREENZILLA HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY ADVERTISER, CARRIER OR OTHER SUPPLIER THROUGH THE SITE, SOFTWARE AND/OR SERVICES, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH ADVERTISER, CARRIER OR SUPPLIER AND YOU HEREBY EXONERATE SCREENZILLA FROM ANY LIABILITY WITH RESPECT TO THE SAME. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL SCREENZILLA BE LIABLE TO YOU FOR ANY AMOUNT THAT EXCEEDS THE AGGREGATE OF ALL AMOUNTS PAID BY YOU TO SCREENZILLA. APPLICABLE LAWS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, EVEN IF THIS IS THE CASE, IN NO EVENT SHALL THE TOTAL LIABILITY OF SCREENZILLA FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, RELATED TO YOUR USE OF, OR THE INABILITY TO USE THE SITE, SOFTWARE AND/OR SERVICES EXCEED THE AGGREGATE OF ALL AMOUNTS PAID BY YOU TO SCREENZILLA.
LINKED SITES AND THIRD PARTY SERVICES
Linked Sites
Screenzilla prohibits caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site. Screenzilla reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the Content available on any other Internet sites linked to the Site. Access to any Linked Sites is at the user’s own risk. User should be aware that Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on the Site. Screenzilla is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
Services not Controlled by Screenzilla
Some of the Software and/or Services may be accessible, or give you the ability to use such Software and/or Services, on or through a website, service or device not controlled by Screenzilla. For example, you may download install or access the Software and/or Services through a mobile or web-based online market place or have the option to use the Software and/or Services online on servers not owned or controlled by Screenzilla, or Screenzilla may make the Software and/or Services through servers that are not owned or controlled by Screenzilla. Screenzilla take no responsibility for your use or access of the Software and/or Services through or on any third party service not controlled by Screenzilla and otherwise has no control over how such services are offered, administered or operated. Any such use of serviced not controlled by Screenzilla is at your own risk and may subject you to additional or different terms and conditions imposed by the third party that owns and controls such services.
VIOLATIONS OF TERMS OF USE
You agree and acknowledge that Screenzilla may, in its sole and absolute discretion and without prior notice to you, terminate or suspend your access to the Site and your use of Screenzilla’s products and services, or any portion thereof, and/or cancel your Account if Screenzilla reasonably believes that you and/or a Permitted Minor have failed to comply with these Terms of Use or that the use of the Site by you and/or a Permitted Minor violates the rights of any third party or any applicable laws. In addition to the foregoing, Screenzilla reserves the right to pursue all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to the Site. You agree and acknowledge that monetary damages may not be an adequate remedy for any violation of these Terms of Use by you and, without limiting any of Screenzilla’s other remedies, you hereby consent to, and authorize Screenzilla to obtain, an injunction or other equitable relief from any court of competent jurisdiction. You further authorize Screenzilla to disclose your personally identifiable information where reasonably necessary in connection with the foregoing.
INDEMNIFICATION
YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS SCREENZILLA, ITS AFFILIATES AND SUBSIDIARIES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ADMINISTRATORS AND ASSIGNS OF EACH OF THE FOREGOING, FROM AND AGAINST ALL LIABILITIES, CLAIMS, ACTIONS, CAUSES OF ACTION, COSTS AND EXPENSES (INCLUDING LEGAL EXPENSES ON A FULL INDEMNITY BASIS) AND ANY OTHER FEES AND EXPENSES INCURRED FOR INVESTIGATING OR DEFENDING ANY ACTION OR THREATENED ACTION, AS WELL AS SETTLEMENT COSTS) WHICH ANY OF THE INDEMNIFIED PARTIES MAY INCUR IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RESULTING FROM: (I) YOUR AND/OR A PERMITTED MINOR’S VIOLATION OF ANY OF THESE TERMS OF USE, (II) YOUR OR A PERMITTED MINOR’S USE OR MISUSE OF THE SITE, SOFTWARE AND/OR SERVICES, (III) YOUR OR A PERMITTED MINOR’S USE OR MISUSE OF ANY LINKED SITES (IV) YOUR OR A PERMITTED MINOR’S PURCHASE OR USE OF ANY VIRTUAL ITEM AND/OR (V) YOUR OR ANY PERMITTED MINOR’S VIOLATION OF ANY LAW OR THIRD PARTY RIGHTS.
UPDATES AND AMENDMENTS
Updates and Discontinuance of Site, Software or Services
You acknowledge and agree that the Site, Software and Services are under continual development and may include public patches and/or updates, which are generally available to all users, or private patches and/or updates which are available to a smaller number of users for testing and feedback before being made generally available. You further acknowledge and agree that you may be required to accept public patches and updates to the Site, Software and/or Services from time to time in order to continue to access the Site, Software and/or Services and your related Account(s). You acknowledge and agree that Screenzilla may update, modify, patch and/or discontinue any aspect of the Site, Software and/or Services, by remotely installing updates and patches or otherwise, without your consent or approval and with or without prior, or any, notice to you.
You acknowledge that it may be necessary for you to update or upgrade third party software, hardware and devices from time to time in order to continue to access the Site, Software and/or Services and your related Account(s). Screenzilla reserves the right to modify or increase the system specifications necessary to access and use the Site, Software and/or Services at any time and without notice. You are responsible for purchasing any necessary additional technology, systems or services in order to access and use the Site, Software, Services and/or your related Account(s).
Screenzilla reserves the right, at any time, to update, modify and/or reset certain parameters of the Site, Software and/or Services which may impact the status, progress or achievements of characters, games, groups and/or items under your control or associated with your Account(s). Screenzilla will not have any liability to you for any such updates, modifications or resets or the consequences thereof.
Updates and Amendments to these Terms of Use
Screenzilla reserves the right to change, modify, add or remove portions of these Terms of Use, including to Privacy Policy, at any time in its sole discretion, and with or without notice to you, and to do any of the following:
(a) modify, suspend or terminate operation of, or access to, any portion, features or functions of the Site, Software and/or Services including, but not limited to, hours of availability, geographical availability and applicable policies or terms;
(b) make changes to any fees or charges, if any, related to your use of the Site, Software and/or Services;
(c) make changes to the equipment, hardware or software required to use and access the Site, Software and/or Services; and
(d) interrupt the Site, Software and /or Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction or other modifications.
It is your responsibility to check the Site periodically for updates to these Terms of Use and your continued use of the Site, Software and/or Services or the continued use of the Site, Software and/or Services by a Permitted Minor after a revised Terms of Use has been posted to the Site constitutes your acceptance of the then current Terms of Use.
TERMINATION
These Terms of Use, as amended from time to time by Screenzilla, shall remain effective until terminated by you or Screenzilla. You may terminate these Terms of Use by discontinuing use of the Site, Software, Services and your associated Account(s) and destroying all electronic and other copies of all related Software, including related documentation. Without limiting any other provision of these Terms of Use or the remedies available to Screenzilla, Screenzilla may immediately terminate these Terms of Use and/or cancel or suspend your Account(s) and access to the Site, Software and/or Services in its sole and absolute discretion including, without limitation, if you or any Permitted Minor violate or otherwise fail to comply with any material term or provision of these Terms of Use. Upon termination of these Terms of Use for any reason, you must cease use of your Account(s), cease accessing the Site, Software and Services and promptly destroy all electronic and other copies of the Software, including all related documentation.
GENERAL
International Use
This Site is operated from and Screenzilla is headquartered in the Province of British Columbia, Canada. By electing to access this Site, Software and/or Services from any jurisdiction outside of Canada, you accept full responsibility for ensuring that your use of the Site, Software and/or Services are in compliance with all laws applicable within that other jurisdiction. Screenzilla makes no representation that materials, products and services available on or through the Site, Software and/or Services are appropriate or available for use in jurisdictions outside of Canada. You are not permitted to access the Site, Software and/or Services from any jurisdiction in which the Content is illegal and/or accessing the Site, Software and/or Services is illegal. You may not use, export or re-export any materials from this Site, Software and/or Services in violation of any applicable laws or regulations.
Governing Law
These Terms of Use and your legal relationship with Screenzilla shall be governed by and construed in accordance with the laws of the Province of British Columbia, together with the federal laws of Canada applicable therein, without regard to its conflicts of laws principles. These Terms of Use shall not be governed by the United Nations Convention on Contracts for the Sale of Goods. The controlling language of these Terms of Use is English.
Waiver and Severability
The failure of Screenzilla to enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. In the event that any provision of these Terms of Use is held to be invalid or unenforceable by any court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible and the remaining provisions of the Terms of Use will remain in full force and effect. All remedies of Screenzilla hereunder shall be cumulative.
Assignment
You may not assign any of your rights or obligations hereunder, whether voluntarily or by operation of law except with the prior express written consent of Screenzilla, which consent may be withheld in Screenzilla’s sole discretion, and any attempted assignment in violation of the foregoing is void. Screenzilla may assign any or all of its rights and obligations hereunder to an affiliate, subsidiary or a successor in title to the Site and/or the business and undertaking of Screenzilla.
Enurement
These Terms of Use shall enure to the benefit of and be binding upon the parties and their respective heirs, executors, administrators, successors and permitted assigns.
Force Majeure
Screenzilla will be liable for, or be considered to be in breach of or default under these Terms of Use on account of, any delay or failure to perform as required by these Terms of Use as a result of events beyond the reasonable control of Screenzilla, including without limiting the foregoing where the delay or failure is due to fires or fire related hazards, explosions, power outages, earthquakes, floods, spills, epidemics, acts of God, war or acts of war, acts of terrorism, riots, strikes, lockouts or other labour or contractor actions, acts of public authorities, or delays or defaults caused by common carriers, or other similar events which cannot reasonably be foreseen or provided against.
Notices
Any notices or other communications permitted or required hereunder, including but not limited to modifications to these Terms of Use and/or any policy referred to herein, will be in writing and given by Screenzilla (i) via email (in each case to the email address provided by you for your Account(s)) or (ii) by posting to the Site. Notice delivered by email will be deemed to have been received on the date on which such notice is transmitted.
Dispute Resolution
You and Screenzilla agree that any dispute, claim or controversy arising out of or relating to these Terms of Use, any policy referred to herein, or the breach, termination, enforcement, interpretation or the validity thereof, or the use of the Site, Software, Services or Content (collectively, the “Disputes”) will be settled by binding arbitration, except that each party retains the right to (i) bring an individual action in the British Columbia Provincial Court (Small Claims Division) if the action is within the jurisdiction of that court and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, confidential information or other intellectual property rights. You acknowledge and agree that you and Screenzilla are each waiving the right to a trial by jury and the right to participate as a plaintiff or a class member in any purported class action or similar representative proceeding. Further, unless you and Screenzilla expressly agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class or representative proceeding. This “Dispute Resolution” section shall survive any termination of these Terms of Use.
Any arbitration to be conducted pursuant to this “Dispute Resolution” section shall be conducted before a single arbitrator in accordance with the rules of the British Columbia International Commercial Arbitration Centre for Domestic Disputes. The venue of the arbitration shall be Vancouver, British Columbia, Canada.
Entire Agreement
These Terms of Use, together with the Privacy Policy and any supplemental terms and conditions referred to below, constitute the entire agreement between the parties concerning the subject-matter hereof and supersede and replace any and all prior oral or written understandings or agreements between you and Screenzilla regarding the Site, Software, Services and the Content.
Survival
The provisions of these Terms of Use which require or contemplate performance after the expiration or termination of these Terms of Use shall remain enforceable notwithstanding such expiration or termination.
Relationship
The relationship between the parties is that of independent contractors and neither party shall have the authority to bind the other in any way.
SUPPLEMENTAL TERMS
Additional Terms and Conditions for Specific Screenzilla Software or Services
Certain Screenzilla Software and/or Services may require you to read and agree to terms and conditions that are specific to that Software and/or Service. Your right to use such Software and/or Service is subject to those specific terms and these Terms of Use. If there are any inconsistencies between the specific terms and these terms, Screenzilla will be the final and sole arbiter of any such inconsistencies.
The Xbox Live® Terms of Use
The Xbox Live® Terms of Use continue to apply in their entirety and govern your conduct while accessing Screenzilla Software and/or Services through Xbox Live®. To the extent that Xbox Live® Terms of Use conflict with these Terms of Use, the Xbox Live® Terms of Use control. Screenzilla is solely responsible for the operation and content of Screenzilla Software and/or Services. Microsoft may collect and use information about you and your use of Xbox Live® while accessing Screenzilla Software and/or Services through Xbox Live®. Microsoft's use and collection of such information is governed by the Xbox Live® Privacy Statement (available at xbox.com or by calling 1-800-4MY-XBOX). BY ACCESSING SCREENZILLA SOFTWARE AND/OR SERVICES THROUGH Xbox Live® YOU HEREBY AGREE THAT MICROSOFT SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT YOU MAY SUFFER WHILE ACCESSING SCREENZILLA SOFTWARE AND/OR SERVICES THROUGH THE Xbox Live® SERVICE, AND YOU HEREBY WAIVE ANY AND ALL CAUSES OF ACTION AND CLAIMS THAT YOU MIGHT BE ABLE TO ASSERT AGAINST MICROSOFT ARISING OUT SUCH DAMAGES OR YOUR USE OF THE SCREENZILLA SOFTWARE AND/OR SERVICES. Screenzilla is solely responsible for providing all customer support and billing for services obtained through Screenzilla Software and/or Services.
Screenzilla Software and/or Services for the PlayStation®4 computer entertainment systems
The "PlayStation Network" Terms of Service continue to apply in their entirety and govern your conduct while accessing Screenzilla Software and/or Services through the "PlayStation Network". Any conflict between these Terms of Use and the "PlayStation Network" Terms of Service and User Agreement shall be resolved in favor of the "PlayStation Network" Terms of Service and User Agreement.
PlayStation®Store Purchases in Europe
Any content purchased in an in-game store will be purchased from Sony Network Entertainment Europe Limited ("SNEE") and be subject to "PlayStation Network" Terms of Service and User Agreement which is available on the PlayStation®Store. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the game.
PlayStation®Store Purchases in USA and Canada
Purchase and use of items are subject to the "PlayStation Network" Terms of Service and User Agreement. This online service has been sublicensed to you by Sony Computer Entertainment America.