End User License Agreement for
Effective Date August 1st, 2020
The following terms and conditions govern all use of (i) the DIGITAL SIGNAGE REVOLUTION INC. (“DSR”) dashboard and product pages (the “Sites”), and (ii) the services and products available at or through DIGITAL SIGNAGE REVOLUTION INC. (the “Service” or “Application”). DIGITAL SIGNAGE REVOLUTION INC. provides the Application to stream content uploaded and created and/or provided by DIGITAL SIGNAGE REVOLUTION INC..
The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time on this Site by DIGITAL SIGNAGE REVOLUTION INC.
The Service is available only to individuals who are at least 18 years of age. If you do not so qualify, do not attempt to use the Service. DIGITAL SIGNAGE REVOLUTION INC. may refuse to offer the Service to any person or entity at any time and may change its eligibility criteria, at any time, in its sole discretion. If you are from 13 to 18 years, you can browse the Sites but you’ll need the supervision of a parent or guardian to become a registered user. It’s the responsibility of parents or guardians to monitor their children’s use of our Sites.
When used in this EULA, the following terms shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined:
“Service” or “Application” meaning the software application for DSR platform that provides a technical solution for streaming content, moderated by a User.
“Site” or “Dashboard” or “Product page” meaning the web part of the DSR functionality that provides a User with information regarding DSR services and/or the tools for adding and managing the content to stream via the Service.
“Add-ons” or “Extensions” means a certain combination of qualitative and quantitative characteristics of the Sites and the Service a User may choose to subscribe to for the corresponding fee.
“License” means your right to use all or part of the features provided by the Sites and the Service in accordance with your current subscription add-ons or obtained in-app purchases.
“Use” or “using” means to access, install, download, copy or otherwise benefit from using the functionality of the Sites and the Service.
DSR reserves the right, at its sole discretion, to modify or terminate the Service or to modify this Agreement, at any time and without prior notice. If we modify the Service or this Agreement, we will post the modification on the DSR website (the “Site”) or provide you with notice of the modification. By continuing to access or use the Service after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to use the modified Service and/or to be bound by the modified Agreement. If the modified Service or Agreement is not acceptable to you, your only recourse is to cease using the Service.
PERMITTED USES AND RESTRICTIONS
DSR as the Licensor grants You as the Licensee, a non-exclusive right to use the Sites and the Service under the terms of this EULA. All rights not expressly granted to a User are reserved by DSR and its licensors. Any User shall not:
- Use the Service on more than one device at a time, without prior purchasing of additional licenses for each new device;
- Connect a DSR-operated device to more than three screens or other video output devices with a single license;
- Remove any DSR trademarks;
- Sell or resell, transfer, share, publish, distribute licenses to any third parties without prior agreement;
- Use the Application in violation of any foreign, federal, state or local laws, regulations or rules;
- Copy or clone ideas and compare to other services.
If you breach any of the terms of this Agreement, DSR reserves the right to suspend or disable your Account or terminate this Agreement at its sole discretion and without prior notice. DSR reserves the right to revoke your access to and use of the Service at any time, with or without cause. You may cancel your Account at any time by logging into the DSR dashboard. Upon any termination of this Agreement or cancellation of your Account, you must promptly destroy all originals and copies of the DSR Application in your possession or control and so certify in writing to DSR and cease any further use of the DSR Application and the Service.
THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, DSR DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. DSR MAKES NO WARRANTY THAT THE DSR APPLICATION OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DSR OR THROUGH THE SITES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATION OF LIABILITY: YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE DSR APPLICATION AND THE SERVICE REMAIN WITH YOU. NEITHER DSR NOR ANY OTHER PARTY WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL), OR FOR THE COST OF PROCURING SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE DSR APPLICATION OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DSR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH.
COLLECTION AND USE OF INFORMATION
You agree that DSR , in its sole discretion, may use your trade names, trademarks, service marks, logos, and domain names for the purpose of advertising or publicizing your use of the DSR software.
You agree to defend, indemnify, and hold DSR, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or relating to: (i) your use of or access to the DSR Application or the Service: (ii) your breach of this Agreement; or (iii) your violation of applicable laws, rules or regulations in connection with your use of the Service.
PROPRIETARY RIGHTS NOTICES
All trademarks, service marks, logos, trade names and any other proprietary designations of DSR used herein are trademarks or registered trademarks of DSR. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
This Agreement constitutes the entire and exclusive understanding and agreement between DSR and you regarding the DSR Application and the Service, and this Agreement supersedes and replaces any and all prior oral or written understandings or agreements between DSR and you regarding the Service.
You may not assign or transfer this Agreement, by operation of law or otherwise, without DSR’s prior written consent. Any attempt by you to assign or transfer this Agreement, without such consent, will be null and of no effect. DSR may assign or transfer this Agreement, at its sole discretion, without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to this Agreement, will be in writing and given: (i) by DSR via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
This Agreement may be executed in one or more counterparts. Each counterpart shall be deemed for all purposes to be an original, but all of the counterparts together shall constitute but one and the same instrument binding on all the Parties to the Agreement. The parties agree and intend that a signature by facsimile or by electronic transmission (i.e. e-mail) of a “.pdf” data file shall bind the party so signing with the same effect as though the signature was an original.
This Agreement will be governed by and interpreted in accordance with the laws of the State of Florida, excluding its choice of law rules. The parties agree to submit to the exclusive jurisdiction and venue of the appropriate state or federal court residing in Miami-Dade County, Florida.
Feel free to contact us. A business has to be involving, it has to be fun, and it has to exercise your creative instincts. Start where you are. Use what you have. Do what you can.