Terms of Service - Screenshots.com

Terms of Service

1. Acceptance of Terms
By accessing, browsing, and/or using the website at www.Screenshots.com or any other website owned or controlled by DomainTools, LLC, ("DomainTools") (collectively, the "Site"), including any service provided on or via the Site (the "Services") you agree to be bound by these Terms of Service (the "TOS"), by the terms of our online Privacy Policy. and any other document or regulation referenced and incorporated herein.

The Site, including all information, data, documents, content, materials, graphics, logos, API code and software (the "Materials") is made available to you for your personal, non-commercial use and subject to the terms and conditions set forth in these TOS.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, THEN DO NOT USE OR ACCESS OUR SITE/SERVICES.

Screenshots reserves the right to change the TOS from time to time at its sole discretion. Your use of the Site will be subject to the most current version of the TOS posted on the Site. Any changes to the TOS shall be effective as of the date published. You acknowledge and agree that your only remedy if you do not agree with any such change is to stop using the Site and/or our Services.

No amendment or modification shall apply to a dispute under the Section entitled "Disputes - Arbitration" arising, or arising out of events occurring, before the amendment or modification became effective.

2. Eligible Users

You may not use the Site if (i) you are not at least 18 years old, or (ii) you lack legal capacity to enter into legally binding contracts, or (iii) use of the Site or Services is prohibited by law in the country where you are located.

3.Membership and Fees
Access to the Site and some of our Services may be without charge and/or without requiring prior registration. That does not alter the binding effect of these TOS.

For the purposes of these TOS, "Users" shall refer to both registered and unregistered, paying and non-paying, users.

4. Use of Materials

The Materials may be used solely for informational, personal, non-commercial purposes. Without the prior written consent of Screenshots, or unless specifically allowed by certain paid Services, Users are not allowed to copy, download, print, distribute, republish, sell or otherwise use or make the Materials available to others.

You may not use the Site or any Services provided through or in connection therewithto: (a) defame, abuse, harass, threaten or otherwise violate the legal rights(such as rights of privacy and publicity) of others; (b) conduct or forwardillegal contests, pyramid schemes, or chain letters; (c) publish, post, distribute,disseminate or link to any: (i) inappropriate,profane, defamatory, infringing, obscene, adult content, nude, indecent orunlawful topic, name, material or information; (ii) software or other materialprotected by intellectual property laws, copyright licenses, rights of privacyor publicity, or other proprietary rights, unless you own, control such rightsor have received all necessary consents for your use of such software and othermaterials; (iii) software or other material that contains viruses, corruptedfiles, or that may or are intended to damage the operation of another'scomputer (e.g., "cracks," "hacks," or other programswritten to defeat the security measures of any computer, system or program(s));(d) sell, distribute, disseminate or link to any sites for marketing, sales ordistribution of: firearms, explosives, ammunition, liquor, tobacco products,food that is not packaged or does not comply with all applicable laws for saleto consumers by commercial merchants, pharmaceuticals and controlledsubstances, counterfeit, pirated or stolen goods, fraudulent goods, any goodsor services that infringe or otherwise violate a third party's rights,registered or unregistered securities, goods or services that: (i) you cannot legally sell, (ii) are misrepresented, and/or(iii) if sold, would cause Screenshots to violate any law, statute orregulation; (e) harvest or otherwise collect information about third parties,including email addresses, without the express consent of such third parties;(f) restrict or inhibit any other user from using and enjoying its rights inthe Services or the Site, interfering with or disrupting the Services or theSite service or servers or network connected to the Site; (g)email or otherwisetransmit, distribute, publish or disseminate any junk email, spam, chainletters, pyramid schemes, or any other form of duplicative or inappropriatesolicitations or messages (commercial or otherwise); (h) violate the rights ofany third parties, including, but not limited to, trademark, naming orpublicity rights, or (i) violate any applicablegovernment laws or regulations. Screenshots does not condone or allowspam. You may not use theSite or our Services to advertise, promote, market or solicit offers to acquiregoods/services that compete with our Services or Site. Screenshots will cooperate with legalauthorities and Internet service providers in releasing information about userswho violate these TOS or any incorporated terms and conditions.

5.Intellectual Property

Except materialsprovided by you and accepted by us ("your data"), you may not modify, copy,distribute, transmit, display, perform, reproduce, publish, license, createderivative works from, transfer, or sell any information, software, products,services or benefits obtained from the Site, except as expressly providedherein. Except as to your data, allcontent, database information, data and services available on, and collected asa whole through this Site, are property of Screenshots, its affiliates, advertisersand licensors, and are protected by copyrights, trademarks, service marks,patents, trade secrets, and other proprietary rights and laws in the UnitedStates and internationally. Certainnames, products or services that may be mentioned in the Site may be thetrademarks of their respective owners. All rights are reserved.

7. Access to the Site
Screenshots reserves the right to limit or refuse Users access to the Site or any Service.

Screenshots reserves the right to change the requirements for accessing the Site and the Services at any time and for any reason at its sole discretion, including changes to membership fees or other fees for Services.

Screenshots reserves the right to alter, suspend, or discontinue the Site or any of the Services at any time and for any reason, without prior notice to you. The Site may become unavailable due to maintenance or malfunction of computer equipment or other reasons.

Screenshots may at any time terminate your Membership or block your access to the Site if:

i. You have breached any provision of the TOS (or have acted in a manner that clearly shows you do not intend to, or are unable to, comply with the TOS);

ii. Screenshots is required to do so by Law (for example, where the provision of the Site, Services or Materials to you is, or becomes, unlawful);

iii. The provision of the Site or Services to you by Screenshots is, in Screenshots' opinion, no longer commercially viable; or,

iv. Screenshots has elected to discontinue the Site or Services (or any part thereof)

Screenshots shall not be liable to you or any third party for any termination or cancellation of your access to, or use of, the Site.

8. Third Party Web Sites
The Site may provide links to third-party web sites, whichare not under the control of Screenshots. Screenshots makes no representationsabout third-party web sites. Screenshots is not responsible for the reliabilityof any data, opinions, advice, or statements made on third party sites. Screenshotsprovides these links merely as a convenience. The inclusion of such links doesnot imply that Screenshots endorses, recommends, or accepts any responsibilityfor the content of such sites. Screenshots shall not be liable, directly orindirectly, for any damage or loss caused or alleged to be caused by the use ofa third party web site or any information or materials received from a thirdparty web site.

You remain bound by these terms and conditions until and unless the TOS is properlyterminated. You may terminate the TOS provided that you have no outstandingpayment or other obligations due to Screenshots. Screenshots may terminate the TOS and/or your accessto the Site or any Services at any time, with or without cause or notice, andwithout liability. Notwithstanding termination of the TOS by you or by Screenshots,the provisions in this TOS shall remain in full force and effect. Upontermination, you will no longer have access to any data or information you hadpreviously created, maintained, managed, or stored in or through the Site and Screenshotsis under no obligation to maintain any such data or information.

10. LIABILITY DISCLAIMER AND INDEMNIFICATION
YOUR USE OF THE SITE AND/ORSERVICES, INCLUDING ANY DATA PROVIDED, IS AT YOUR SOLE RISK. THE ACCURACY, CONDITION AND AVAILABILITYOF THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS.SCREENSHOTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY ANDFITNESS FOR A PARTICULAR PURPOSE. SCREENSHOTS MAKES NO WARRANTY THAT: (i) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE ORRELIABLE; (ii) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED ORERROR-FREE; OR (iii) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERTHAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT SHALL SCREENSHOTS, ITS AFFILIATES, PARENTS,SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR LOSTPROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF ORIN CONNECTION WITH THE SITE, THE SERVICES, OR THESE TOS (HOWEVER ARISING,INCLUDING GROSS NEGLIGENCE). WITHOUT AFFECTING THE LIMITATIONS OF LIABILITY INTHIS SECTION, THE LIABILITY OF SCREENSHOTS, AND/OR ITS AFFILIATES, PARENTS,SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANYTHIRD PARTIES IS LIMITED IN ALL CIRCUMSTANCE TO $1.00. YOU AGREE TO INDEMNIFY,DEFEND, AND HOLD SCREENSHOTS AND ANY PARENT, SUBSIDIARY, AFFILIATE, OFFICER,DIRECTOR, AGENT, AND EMPLOYEE (EACH AN "INDEMNITEE") HARMLESS FROM ANY LOSS,LIABILITY, EXPENSE, CLAIM OR DEMAND (INCLUDING REASONABLE ATTORNEYS' FEES)(COLLECTIVELY "CLAIM"), ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTIONWITH (i) ANY ACT OR OMISSION BY YOU, INCLUDING, YOURUSE OF THE SITE OR ANY SERVICES OR YOUR BREACH OF THESE TOS OR ANY OTHERAGREEMENT WITH ANY THIRD PARTY OR WITH SCREENSHOTS, INCLUDING ONE INCORPORATEDBY REFERENCE, (ii) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF SCREENSHOTS ORANY THIRD PARTY, INCLUDING ANY ALLEGED OR ACTUAL VIOLATION OF ANY INTELLECTUALPROPERTY OR PRIVACY RIGHTS, AND/OR (iii) ANY ACT OR OMISSION ON THE PART OF ANYINDEMNITEE (PROVIDED THAT YOU SHALL NOT BE OBLIGATED TO INDEMNIFY AS TO ACTS OROMISSIONS BY INDEMNITEES TO THE EXTENT SUCH CLAIM AROSE AS A DIRECT CONSEQUENCEOF AN INTENTIONAL ACT BY SUCH INDEMNITEE).

11. Export of Information
The United States Export Controls laws prohibit the export of certain technical data and software to certain countries. It is your responsibility to comply with all applicable international, national, state, regional, and local laws, and regulations, including any applicable import and use restrictions.

12. Miscellaneous
These TOS shall be governed by and construed in accordance with the laws of theState of Delaware, USA, without regard to the conflict of laws principlesthereof. You expressly agree to submit to the exclusive personal jurisdictionof the state and federal courts sitting in the city of Seattle, Washington. Ifany part of the TOS is determined to be invalid or unenforceable pursuant toapplicable law, including, but not limited to, the warranty disclaimers andliability limitations set forth above, then the invalid or unenforceableprovision will be deemed superseded by a valid, enforceable provision that mostclosely matches the intent of the original provision and the remainder of the TOSshall continue in effect. Unless otherwise specified herein, these TOSconstitute the entire agreement between you and Screenshots with respect to theSite and Services and supersede all prior or contemporaneous communications andproposals, whether electronic, oral or written, between you and Screenshotswith respect to the Site or Services.

A printed version of these TOS and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form, and any such printed, true, and accurate copy shall be deemed an original document for evidentiary purposes. No waiver is caused by any failure or delay to exercise or enforce any right or provision of these TOS. You may not assign or delegate all or any part of your rights or obligations hereunder to any third party absent our express consent and any such assignment shall not relieve you of your obligations. Screenshots may freely assign or delegate all or any part of its rights or obligations under these TOS without prior notice or consent.

13. Disputes - Arbitration

SUBJECT TO RIGHTS OF THE PARTIES TO SEEK INJUNCTIVE RELIEF OR SPECIFIC PERFORMANCE, ANY DISPUTE ARISING OUT OF OR IN CONNECTION WITH THE SITE OR ANY SERVICE, INCLUDING WITHOUT LIMITATION, THIS OR ANY INCORPORATED AGREEMENT OR INTELLECTUAL PROPERTY RIGHTS SHALL BE RESOLVED ONLY BY BINDING ARBITRATION, CONDUCTED BY THE JUDICIAL ARBITRATION AND MEDIATION SERVICE (JAMS), (OR THEIR SUCCESSOR, AND IF NONE, BY THE AMERICAN ARBITRATION ASSOCIATION), IN THE STATE OF WASHINGTON, USA, ACCORDING TO THE PROVIDER'S RULES.

IF EITHER YOU OR SCREENSHOTS ELECTS, THEN NOTWITHSTANDING ANY PROVIDER RULES, WHERE THE TOTAL AMOUNT OF AWARD SOUGHT IS LESS THAN $10,000, ARBITRATIONS SHALL BE CONDUCTED WITHOUT DISCOVERY AND ONLY BY TELEPHONE, ON-LINE AND/OR BASED SOLELY UPON WRITTEN SUBMISSIONS WITHOUT IN-PERSON APPEARANCES OF PARTIES OR WITNESSES.

DEMAND FOR ARBITRATION SHALL BE MADE WITHIN A REASONABLE TIME AFTER THE CLAIM, DISPUTE, OR OTHER MATTER IN QUESTION HAS ARISEN (AND IN NO EVENT AFTER ONE (1) YEAR FOLLOWING DATE UPON WHICH THE CLAIM FIRST AROSE). NOTICE SHALL BE SERVED UPON ALL PARTIES AND THE ARBITRATION SERVICE. ANY ARBITRATOR SHALL BE EXPERIENCED IN THE SUBJECT MATTER CONCERNED. IN REACHING THEIR AWARD, THE ARBITRATORS SHALL FOLLOW AND BE BOUND BY THE SUBSTANTIVE LAW OF THE STATE OF WASHINGTON TO THE SAME EXTENT AND AS IF THEY WERE JUDGES IN A COURT OF LAW THEREIN; PROVIDED NO AWARD MAY INCLUDE PUNITIVE OR EXEMPLARY DAMAGES (OR THOSE CALCULATED APPLYING ANY MULTIPLIER), OR DAMAGES FOR EMOTIONAL DISTRESS OR IN EXCESS OF ANY STATUTORY MINIMUM. THE AWARD SHALL BE IN WRITING, SHALL CONTAIN FINDINGS OF FACT AND CONCLUSION OF LAW, AND SHALL SET FORTH THE NATURE, AMOUNT, AND MANNER OF CALCULATION OF DAMAGES. THE AWARD SHALL BE FINAL AND NON-APPEALABLE. ACCORDINGLY, THE PARTIES HEREBY EXPRESSLY WAIVE THEIR CONSTITUTIONAL AND OTHER RIGHTS TO A TRIAL BY JUDGE AND/OR JURY AND THEIR RIGHT(S) TO RECOVER PUNITIVE, MULTIPLE OR EMOTIONAL DISTRESS DAMAGES.