SCREENKEY TERMS OF SERVICE
Last updated: June 2025
1. BY USING ALL OR ANY PORTION OF SCREENKEY’S PRODUCTS OR SERVICES, YOU ARE ACCEPTING ALL OF THE TERMS AND CONDITIONS OF THESE TERMS, THE PRICING TERMS AND PRIVACY POLICY . YOU AGREE THAT THESE TERMS OF SERVICE AND THE PRICING TERMS ARE ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU.
2. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF SERVICE, THE PRICING TERMS AND/OR THE PRIVACY POLICY: (I) PLEASE DO NOT USE ALL OR ANY PORTION OF THE SERVICE OFFERINGS; YOU WILL NOT BE GIVEN ACCESS TO ANY OF SCREENKEY’S SERVICE OFFERING UNTIL YOU ACCEPT THESE TERMS OF SERVICE AND THE PRIVACY POLICY; AND (II) PLEASE DO NOT SHARE YOUR PERSONAL DATA WITH US. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY TERMINATE YOUR ACCESS TO THE SERVICE OFFERINGS BY WRITING TO US PURSUANT TO SECTION 15.6 BELOW.
3. These Terms of Service and the Pricing Terms (which are incorporated herein by reference) (collectively, the “Terms”) contain the terms and conditions that govern your access to and use of the Service Offerings (as defined below) and is an agreement between Kino Tech, Inc. (“ScreenKey,” “we,” “us,” or “our”) and you or the entity you represent (“you”, “your”). These Terms takes effect when you login or, if you start to use any of the Service Offerings before you accept these Terms, then on such date (the “Effective Date”). You represent to us that you are legally competent to enter into contracts (e.g., you are not a minor). If you are entering into these Terms on behalf of another entity, such as the company you work for, you represent to us that you have legal authority to bind that entity into the contract. ScreenKey offers content makers including studios, networks, and independent filmmakers a secure way to submit their content to guilds for promotional and awards screenings. The scope, duration, as well as the extent and nature of the collection, processing and use of viewer personal data under Terms has been defined in the Privacy Policy.
4. DEFINITIONS.
“Applications” means all software program or digital platform, including but not limited to mobile applications, web applications, smart TV applications and/or desktop applications, that provides specific functionality or services to users that is created/provisioned by ScreenKey for its clients.
“Brand Content” means registered and unregistered trademarks, trade names, brand names including the Brand Name, corporate names, word marks, logos, trade dress, design rights, the look and feel of the ScreenKey Platform, service marks, tag lines and descriptors, domain names, designs, typography, color palettes, internet sites, stationery, signage, promotional items, advertising and marketing materials, and product names, other similar designations that are owned by ScreenKey or its affiliates or other proprietary information (including images, text, page layout, or form) which may appear on the ScreenKey Platform, and any other intellectual property and materials which together constitute the brand image and language by which ScreenKey is known to the public.
“Brand Name” means “ScreenKey” which is the name under which ScreenKey (i) has developed the ScreenKey Platform; (ii) provides the Service Offerings; and (iii) established its brand image and presence in public.
“Pricing Terms” means the “ScreenKey” pricing terms applicable to the rendition of ScreenKey’s Service Offerings and governing your access to and use of the Service Offerings, as subject to change in accordance with the terms thereof, either: (a) available here; or (b) pursuant to a separately negotiated agreement for ScreenKey Enterprise users.
“ScreenKey Confidential Information” means and includes (i) oral and written information disclosed by ScreenKey to You; (ii) all information, documents, data of ScreenKey that is designated as confidential or that reasonably should be understood by You to be confidential given the nature of the information and the circumstances of disclosure; (iii) ScreenKey Property (iv) login credentials (v) all information and materials (in whatever form or media) provided to the You by or on behalf of ScreenKey (vi) documentation relating to your use of (i), (ii), (iii), (iv) and (v); (vii) information / content shared or disclosed by ScreenKey to you under or in contemplation of these Terms; (vi) correspondence and communication sent, exchanged or disclosed by ScreenKey to you in relation to the Service Offerings and/or ScreenKey Platform.
“ScreenKey Platform” means collectively, (a) the Website (as defined below) along with the underlying Software, (b) Applications along with the underlying Software; and (c) any other websites, apps, and distribution mediums operated by ScreenKey or its affiliates in the future, whether now known or subsequently invented at any time after the Effective Date.
“ScreenKey Property” means the (a) ScreenKey Platform and its contents; (b) all content or other material available on the ScreenKey Platform or through the code, and other images, text, layouts, arrangements, displays, illustrations, documents, reports, materials, audio and video clips, HTML and files; (c) Software; (d) Brand Content; (e) any software, illustrations, letters, images, ideas, concepts, reports and other presentations pertaining to ScreenKey Platform and/or ScreenKey; (f) ScreenKey’s generalized practices, techniques, business processes, and know-how regardless of whether developed in connection with the ScreenKey Platform, users or engagements with guilds, production houses, studios, OTC platforms and other clients of ScreenKey; (g) analysis and reports generated on the ScreenKey Platform; and (h) all intellectual property rights in, to, or under (a)-(g).
“Service Offerings” means and includes all the services being provided by ScreenKey to you pursuant to these Terms (including your access to the ScreenKey Platform) and such other products or services as may be offered by ScreenKey to you.
“Software” means in relation to the ScreenKey Platform, all underlying software, underlying source and object code, instructions embedded in any form of digital documents, owned by or licensed to ScreenKey and installed or delivered by ScreenKey on software or hardware equipment used by You including (a) computers, diskettes, cloud, web hosting platform, CDs, and/or other media available to You by ScreenKey; and (b) all data, information, or material residing on ScreenKey’s computer servers.
“Website” shall mean ScreenKey’s website at www.screenkey.com.
5. YOUR ACCEPTANCE OF TERMS
5.1 Subject to the terms of these Terms (including your compliance with the Pricing Terms), ScreenKey grants you a limited, revokable, non-exclusive, non-assignable, non-sublicensable, non-transferable license to access and make use of the ScreenKey Platform in connection with the Service Offerings pursuant to your compliance with the terms of the Pricing Terms. It is hereby clarified that this license does not include or grant you any right to (i) download (other than the analysis reports and downloadable Applications to which you have permission) or modify any part of the ScreenKey Property; (ii) resale or commercial use of any part of the ScreenKey Property; (iii) create derivatives or derivative use of any part of the ScreenKey Property; (iv) download or copying of account information; (v) data mining or use of, or similar data gathering and extraction tools. Unless otherwise specified by ScreenKey in a separate license, your right to use any software, data, documentation or other materials that you access or download through the ScreenKey Platform is subject to these Terms.
5.2 The ScreenKey Property or any portion of the ScreenKey Property may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose without express written consent of ScreenKey. You shall not frame or utilize framing techniques to enclose any Brand Content of ScreenKey without express written consent of ScreenKey. You may not use any meta tags or any other “hidden text” utilizing ScreenKey’s Brand Content without the express written consent of ScreenKey. Any unauthorized of the ScreenKey Property by You use shall immediately terminate the permission or license granted to You by ScreenKey.
6. YOUR ACCOUNT
If you use the Service Offerings, you are responsible for maintaining the confidentiality of your ScreenKey account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. ScreenKey reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.
7. SERVICE OFFERINGS
7.1 Service Offerings. Subject to all terms and conditions of these Terms, ScreenKey will use commercially reasonable efforts to provide the Service Offerings through the ScreenKey Platform. ScreenKey may provide the Service Offerings to You directly, or indirectly using contractors or other third-party vendors or service providers.
7.2 Security Measures. You may access the Service Offerings as ScreenKey instructs through a combination of one or more user names/ email id, tokens and passwords. Security. We do not guarantee that our Service Offerings will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Service Offerings. You should use your own virus protection software.
7.3 Passwords. You shall take full responsibility and liability for the security of each of your usernames, tokens and passwords, and shall be solely responsible for all use of the Service Offerings through such user names or passwords. You agree to immediately notify ScreenKey of any unauthorized use of the Service Offerings or any other breach of security known to You.
7.4 Prohibited Uses. As a condition of use of the Service Offerings, You promise not to use the Service Offerings for any purpose that is prohibited by these Terms. By way of example, and not as a limitation, You shall not upload, submit, distribute, facilitate any of the foregoing, or otherwise use the Service Offerings or interact with the Service Offerings or ScreenKey Platform in a manner that:
(a) infringes or violates the intellectual property rights or any other rights of any other person or entity (including ScreenKey);
(b) violates any law or regulation;
(c) is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, pornographic, or otherwise objectionable, as determined by ScreenKey in its sole discretion; jeopardizes the security of your ScreenKey account or anyone else’s (such as allowing someone else to log in to the Service Offerings as you) attempts, in any manner, to obtain the password, account, or other security information from any other user; violates the security of any computer network, or cracks any passwords or security encryption codes or constitutes, encourages or provides instructions for a criminal offence, dangerous activities or self-harm;;
(d) runs Maillist, Listserv, any form of auto-responder or “spam” on the Service Offerings, or any processes that run or are activated while you are not logged into the Service Offerings, or that otherwise interfere with the proper working of the Service Offerings (including by placing an unreasonable load on the Service Offerings’ infrastructure); “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Service Offerings or Content (through use of manual or automated means);
(e) copies or stores any portion of the ScreenKey Property, in manner or medium whatsoever;
(f) decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the ScreenKey Property or the Service Offerings (including using automated scripts to collect information from or otherwise interact with the Service Offerings);
(g) uses the ScreenKey Platform or Service Offerings to upload any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide;
(h) uploads material to the ScreenKey Platform or otherwise uses the Service Offerings in a way that, in the sole judgment of otherwise use the, is objectionable or which restricts or inhibits any other person from using the Service Offerings, or which may expose otherwise use the, the Service Offerings or its users to any harm or liability of any type;
(i) uses the Service Offerings for any unsolicited or unauthorised advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation.
7.5 Additionally, You shall not (directly or indirectly) or permit any third party to: (i) use any of ScreenKey Confidential Information to create any software, documentation or service that is similar to the ScreenKey Property or any documentation provided in connection therewith; (ii) modify, translate, or otherwise create derivative works of any part of the ScreenKey Property, (iii) copy, license, sublicense, sell, resell, encumber, distribute, transfer or otherwise use or exploit or make available the ScreenKey Property in any manner or medium whatsoever or otherwise for the benefit of any third party without the prior written consent of ScreenKey.
7.6 You shall abide by all applicable local, state, national and international laws and regulations, including, without limitation, any export control laws or regulations of the United States of America or any other relevant jurisdiction. Access to the Service Offerings and ScreenKey Platform by “bots” or other automated methods is not permitted and must be done by a natural person.
7.7 Changes to Terms. ScreenKey reserves the right to modify the Terms and/or modify or discontinue any Service Offerings (in whole or in part) at any time. ScreenKey will use commercially reasonable efforts to generally notify You of any material changes to these Terms (including the Pricing Terms in accordance with the terms thereof), such as through a notice on the ScreenKey Platform, however, you should look at the Terms (including the Pricing Terms) regularly to check for such changes. We will also update the “Last Updated” date at the top of these Terms and Pricing Terms, which reflect the effective date of such Terms and/or Pricing Terms. Your continued access or use of the Service Offerings after the date of the new Terms and/or Pricing Terms constitutes your acceptance of the new Terms and/or Pricing Terms (subject to the terms therein). If you do not agree to the new Terms and/or Pricing Terms (subject to the terms therein), you must stop accessing or using the Service Offerings.
7.8 Links. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Service Offerings in any website that is not owned by you. The website in which you are linking must comply in all respects with the content standards set out herein. We reserve the right to withdraw linking permission without notice.
7.9 Liability. ScreenKey will not be responsible or liable to you or any third party for any failure in the Service Offerings resulting from or attributable to (a) your systems; (b) network, telecommunications or other service or equipment failures outside of ScreenKey’s facilities; (c) negligence, fraud, misconduct, intent to deceive by you and/or any third party; (d) any acts or omissions by You or any third party (including without limitation failing to restrict third parties’ ability to share your User Content either inside or outside such third parties’ organizations); (e) any force majeure or cause beyond ScreenKey’s reasonable control, (f) scheduled maintenance or (g) unauthorized access, breach of firewalls or other hacking by third parties; (h) Yours or any third party’s products, services, service offerings; (i) your breach of these Terms.
7.10 Exports. You agree that you will not export or re-export, directly or indirectly the Service Offerings and/or other information or materials provided by ScreenKey hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Service Offerings may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.
7.11 U.S. Government Restricted Rights. The Service Offerings and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
8. INTELLECTUAL PROPERTY RIGHTS.
8.1 All ScreenKey Property (including the ScreenKey Platform) is owned and operated by Kino Tech, Inc.
8.2 ScreenKey reserves the right at any time and from time to time to modify, discontinue, temporarily or permanently, the ScreenKey Platform or any part or portion thereof, with or without notice to you. You agree that ScreenKey shall not be liable to you or to any third party for any modifications, suspensions or discontinuance of the ScreenKey Platform.
8.3 Other than the Brand Content, all other trademarks, service marks and logos used on the ScreenKey Platform, with or without attribution, are the trademarks, service marks or logos of their respective owners. In addition, elements of the ScreenKey Platform and Brand Content are protected by trade dress and other central and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of ScreenKey.
8.4 Except as otherwise expressly permitted in these Terms, you may not copy, sell, re-sell, display, reproduce, publish, modify, create derivative works from, transfer, distribute or otherwise exploit in any manner, any part of the ScreenKey Property. You may not reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be used to operate the ScreenKey Property. From time to time, ScreenKey may include software, code, instructions, or other such information in the ScreenKey Property; any such information is provided on an “as-is” basis for instructional purposes only and is subject to the terms contained herein. Any use of such information for commercial purposes is strictly prohibited. ScreenKey reserves all rights to the ScreenKey Property, including any and all such rights which may not be expressly granted herein.
9. VIDEO CONTENT
9.1 With respect to any videos or any other user-generated content (“User Content”) that you submit to ScreenKey through the ScreenKey Platform: by submitting any User Content, you grant ScreenKey and its affiliates a limited, worldwide, non-exclusive, non-revocable, royalty-free license and right to copy, transmit, distribute, modify, publicly perform and display (through all media now known or hereafter created), and make derivative works from your User Content for the purpose of (i) displaying the User Content within the ScreenKey Platform; (ii) displaying the User Content on third party websites and applications through a video embed or ScreenKey’s API subject to your privacy choices; (iii) allowing other users to play, download, and embed on third party websites, the User Content, subject to your privacy and distribution choices; and (iv) archiving or preserving the User Content for disputes, legal proceedings, or investigations.
9.2 The above licenses will continue unless and until you remove your User Content from the ScreenKey Platform, in which case the licenses will terminate within a commercially reasonable period of time. Please note that removed User Content may be cached in search engine indices after removal and that ScreenKey has no control over such caching.
9.3 With respect to the User Content, you represent, covenant, acknowledge and warrant that (a) you have all necessary rights, licenses and/or clearances and/or authorizations to submit such User Content and permit ScreenKey to use and such User Content as provided above, (b) the User Content is accurate and reasonably complete, (c) the User Content do not and will not infringe upon or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation or unfair business practices and ScreenKey shall not be responsible for any third party claims with respect to such infringement or misrepresentation by You; (d) ScreenKey shall not be responsible for any act or omission or infringement or misappropriation by third parties.
9.4 With respect to any submissions of the User Content, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
10. DISCLAIMERS
THE SERVICE OFFERINGS ARE PROVIDED BY SCREENKEY ON AN “AS IS” BASIS. WE AND OUR AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICE OFFERINGS OR THE THIRD PARTY CONTENT, INCLUDING ANY WARRANTY THAT THE SERVICE OFFERINGS OR THIRD PARTY CONTENT WILL BE UNINTERRUPTED AND ERROR FREE. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.
11. LIMITATIONS OF LIABILITY
WE AND OUR AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE SERVICE OFFERINGS, INCLUDING AS A RESULT OF ANY (I) TERMINATION OR SUSPENSION OF THESE TERMS OR YOUR USE OF OR ACCESS TO THE SERVICE OFFERINGS, (II) OUR DISCONTINUATION OF ANY OR ALL OF THE SERVICE OFFERINGS, OR, (III) ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICE OFFERINGS FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICE OFFERINGS; (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR ACCESS TO THE SERVICE OFFERINGS; OR (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR COPYING OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR USER CONTENT OR OTHER DATA. IN ANY CASE, OUR AND OUR AFFILIATES’ AGGREGATE LIABILITY UNDER THESE TERMS WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAY US UNDER THESE TERMS PURSUANT TO THE PRICING TERMS FOR THE SERVICE OFFERINGS.
YOU SPECIFICALLY ACKNOWLEDGE THAT SCREENKEY SHALL NOT BE LIABLE FOR ANY CONTENT GENERATED BY YOU OR ANY OTHER USER WHICH IS DEEMED DEFAMATORY, OFFENSIVE, OR FOR ANY ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
12. INDEMNITY AND RELEASE
12.1 To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless ScreenKey, its affiliates, their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the ScreenKey Platform and the Service Offerings; (ii) your violation of any term of the Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that your User Content caused damage to a third party; or (v) violation of any applicable laws. This defense and indemnification obligation will survive these Terms and your use of the ScreenKey Platform and the Service Offerings.
12.2 You hereby expressly release ScreenKey, its affiliates and any of their respective officers, directors, employees and agents from any cost, damage, liability or other consequence of any of the actions/inactions of any third-party vendors or service providers and specifically waive any claims or demands that you may have in this behalf against any of ScreenKey, its affiliates and any of their respective officers, directors, employees and agents under any statute, contract or otherwise.
13. TERMINATION OF RIGHTS.
You agree that ScreenKey, in its sole discretion, may deactivate your account or otherwise terminate your use of the Service Offerings for any reason or no reason, including, without limitation, if ScreenKey believes that you have (a) breached these Terms; (b) infringed the intellectual property rights of a third party; (c) posted, uploaded or transmitted unauthorized User Content to the ScreenKey Platform; or (d) violated or acted inconsistently with the letter or spirit of these Terms or any applicable code of conduct. You agree that any deactivation or termination of your access to the Service Offerings may be effected without prior notice to you and that ScreenKey shall not be liable to you nor any third party for any termination of your account or your access to the Service Offerings. You also acknowledge that ScreenKey may retain and store your information on ScreenKey’s systems notwithstanding any termination of your account or plan.
14. CONFIDENTIALITY AND PUBLICITY.
You may use ScreenKey Confidential information only in connection with your use of the Service Offerings and ScreenKey Platform as permitted under these Terms. You will not disclose ScreenKey Confidential Information. You will take all reasonable measures to avoid disclosure, dissemination or unauthorized use of ScreenKey Confidential Information, including, at a minimum, those measures you take to protect your own confidential information of a similar nature.
15. ASSIGNMENT.
You will not assign these Terms, or delegate or sublicense any of your rights under these Terms, without our prior written consent. Any assignment or transfer in violation of assignment will be void. Subject to the foregoing, these Terms will be binding upon, and inure to the benefit of the parties and their respective successors and assigns.
15. MISCELLANEOUS PROVISIONS.
15.1 Competent to Contract. You affirm that you are either 18 years of age or older and are fully able and competent and authorized to enter into the terms, conditions, obligations, affirmations and representations set forth in these Terms. If you are under 18 years of age, you are hereby expressly directed by ScreenKey to not use the Service Offerings.
15.2 Applicable Laws. If we have a dispute with you relating to or arising out of these Terms, we will first try and resolve it with you amicably. You agree to do the same for us. The party raising a dispute will initiate this process by notifying the other. Whichever party receives the notice will have 60 days to respond. If the dispute has not been resolved after the response time has expired, or within 30 days after a response has been issued, whichever is earlier, either party may file legal action against the other. Engaging in this informal dispute resolution process is a requirement that must be completed before filing any legal action. You and ScreenKey agree that you both will make a good faith effort to resolve the dispute amicably before either you or ScreenKey files any legal action against the other, and that the statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process. These Terms and any claims, causes of action, of any kind or character, or demand arising out of or relating to the Terms will be governed by the laws of the State of California. Any claim, cause of action or dispute, arising out of or relating to these Terms shall also be resolved exclusively in the U.S. District Court for the Central District of California or the Superior Court of the State of California, County of Los Angeles. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim. YOU AND SCREENKEY AGREE THAT YOU MUST INITIATE ANY PROCEEDING OR ACTION WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE THAT IS ARISING OUT OF OR RELATED TO THESE TERMS. OTHERWISE, YOU FOREVER WAIVE THE RIGHT TO PURSUE ANY CLAIM OR CAUSE OF ACTION, OF ANY KIND OR CHARACTER, BASED ON SUCH EVENTS OR FACTS, AND SUCH CLAIM(S) OR CAUSE(S) OF ACTION ARE PERMANENTLY BARRED.
15.3 Severability. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions herein, and shall not affect the validity and enforceability of any remaining provisions. ScreenKey shall have no liability under these Terms with respect to any failure of ScreenKey to perform any of its obligations under these Agreement due to any fire, flood, earthquakes, other acts of God, war, epidemic, pandemic, civil unrest, terrorism, Internet failures, governmental act or court order, government ordered lockdown, national emergency, strikes or labor disputes or any other event not within ScreenKey’s control. ScreenKey shall not be responsible for damage or other problems caused by any unauthorized change to these Terms made by way of hacking or cracking this page.
15.4 Waiver. The failure of ScreenKey to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, to the extent that may lawfully be done, and the other provisions of these Terms shall remain in full force and effect.
15.5 App Stores. To the extent permitted by applicable law, the following supplemental terms shall apply when accessing the ScreenKey Platform through specific devices:
Notice regarding Apple.
By downloading the ScreenKey Platform from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that:
● These Terms are between ScreenKey and you; Apple is not a party to these Terms.
● The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the ScreenKey Platform on the Apple device(s) authorised by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Service Offerings.
● Apple is not responsible for the ScreenKey Platform or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the ScreenKey Platform.
● In the event of any failure of the ScreenKey Platform to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the ScreenKey Platform, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the ScreenKey Platform.
● Apple is not responsible for addressing any claims by you or a third party relating to the Platform or your possession or use of the ScreenKey Platform, including without limitation (a) product liability claims; (b) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
● In the event of any third party claim that the ScreenKey Platform or your possession and use of the ScreenKey Platform infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defence, settlement or discharge of such intellectual property infringement claim.
● You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
● Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.
● ScreenKey expressly authorises use of the ScreenKey Platform by multiple users through the Family Sharing or any similar functionality provided by Apple.
Windows Phone Store.
By downloading the ScreenKey Platform from the Windows Phone Store (or its successors) operated by Microsoft, Inc. or its affiliates, you specifically acknowledge and agree that:
● You may install and use one copy of the Platform on up to five (5) Windows Phone enabled devices that are affiliated with the Microsoft account you use to access the Windows Phone Store. Beyond that, we reserve the right to apply additional conditions or charge additional fees.
● You acknowledge that Microsoft Corporation, your phone manufacturer and network operator have no obligation whatsoever to furnish any maintenance and support services with respect to the ScreenKey Platform.
Amazon Appstore.
By downloading the ScreenKey Platform from the Amazon Appstore (or its successors) operated by Amazon Digital Services, Inc. or affiliates (“Amazon”), you specifically acknowledge and agree that:
● to the extent of any conflict between (a) the Amazon Appstore Terms of Use or such other terms which Amazon designates as default end user license terms for the Amazon Appstore (“Amazon Appstore EULA Terms”), and (b) the other terms and conditions in these Terms, the Amazon Appstore EULA Terms shall apply with respect to your use of the Platform that you download from the Amazon Appstore, and
● Amazon does not have any responsibility or liability related to compliance or non-compliance by ScreenKey or you (or any other user) under these Terms or the Amazon Appstore EULA Terms.
Google Play.
By downloading the ScreenKey Platform from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that:
● to the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Platform that you download from Google Play, and
● you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by ScreenKey or you (or any other user) under these Terms or the Google Play Terms.
15.6 Contact. You can reach us at bmilostan@greenbergglusker.com; or write us at KINO Tech, Inc.: 3333 La Cienega Blvd, Suite 5030, Culver City, CA 90016, USA