Terms and conditions
THESE TERMS AND CONDITIONS (“TERMS”) SET OUT THE TERMS ON WHICH PLAY DIGITAL SIGNAGE INC. (“PLAY DIGITAL SIGNAGE”, “US”, “WE”, “OUR”) PROVIDE YOU (“YOU”, “YOUR”, “CUSTOMER”) WITH ACCESS TO THE “PLAY DIGITAL SIGNAGE” SIGNAGE SERVICE (“SERVICE”) AT WWW.PLAYSIGNAGE.COM (“WEBSITE”). PLEASE READ THESE TERMS CAREFULLY AND ENSURE THAT YOU HAVE UNDERSTOOD THEM. BY USING OUR SERVICE YOU WARRANT THAT YOU UNDERSTAND AND ACCEPT THESE TERMS. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF YOUR EMPLOYER OR ACTING AS AN EMPLOYEE, YOU WARRANT THAT YOU ARE AUTHORISED TO ENTER INTO LEGALLY BINDING CONTRACTS ON BEHALF OF YOUR EMPLOYER. THE SAME RIGHTS, LIMITATIONS, AND RESTRICTIONS APPLY TO YOUR EMPLOYER. YOU AGREE THAT THESE TERMS ARE ENFORCEABLE AS IF THEY WERE A WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOUR EMPLOYER. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE CEASE USE OF THE SERVICE IMMEDIATELY.
YOU ARE ADVISED TO PRINT AND RETAIN A COPY OF THESE TERMS FOR YOUR FUTURE REFERENCE.
“Adjustments” means an increase or decrease in the fees payable by you during a billing period, calculated in accordance with clause 7.
“Billing Period” means the period you are billed for, usually a month.
“Contract” means the contract between Play Digital Signage and the customer.
“Content” means any and all data, files, documents, multimedia files, third party links, images, videos, and any other information or material whatsoever (in any format) submitted by the customer.
“Fee” means the per connected screen hourly fee payable by the customer for use of our services as specified on www.playsignage.com or otherwise agreed between Play Digital Signage and the customer.
“Free Account” – look at clause 9.1.
“Hardware” means your computer, laptop or other device used to access and Use the Service.
“Intellectual Property Rights” means all intellectual property rights including, without limitation, performer’s reproduction rights, performer’s distribution rights, performer’s rental rights and performer’s lending rights (collectively referred to as “Performer’s Property Rights”), patents, utility models, trade and service marks, trade names, domain names, right in designs, copyrights, moral rights, topography rights, rights in databases, trade secrets and know-how and in all cases whether or not registered or registerable and including registrations and applications for registration of any of these and rights to apply for the same, and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these anywhere in the world.
“Login Details” means a unique username and password required for a customer to access Play Digital Signage at www.playsignage.com.
“Minimum Requirements” means any minimum specifications required for the customer’s Hardware in order for the customer to use the features and functionality of Play Digital Signage, as may be specified on www.playsignage.com from time to time.
“Network” means the electronic communications network used by us to provide a service to the customer.
“Claim or Link” means a screen that the customer has registered to Play Digital Signage giving the customer the opportunity to view content on the screen.
“Purpose” means to use, copy, compress, modify and transmit in order to provide the customer with the service and perform our obligations under these terms.
“Screen” means any television, monitor or other device supported by our service which the customer has claimed.
“Service” means Play Digital Signage (SAAS) made available by us through www.playsignage.com
“Use” means having access to our service for the customer’s organization’s own internal business purposes only.
“User” means an individual employee of the customer who has been permitted to use the service and who has been given the login details.
2. ABOUT PLAY DIGITAL SIGNAGE AND OUR SERVICE
2.1 The service and www.playsignage.com are owned and managed by Play Digital Signage, Inc, a company registered in the state of Delaware, U.S., with the company registration number 32-0567502 and having its registered address at 2035 Sunset Lake Road, Suite B-2, in the city of Newark, zip code 19702 and county of New Castle.
2.2 The service is intended to be used for commercial purposes. If you wish to use our service for private, non-commercial purposes, please contact us at [email protected]
3.1 In order to access and use our service you shall be required to register using the online registration form made available to you on the Website. By completing the online registration form, you consent to us conducting verification and security procedures in respect of the information provided in such online registration form.
3.2 Upon the completion and submission of the online registration form by you on www.playsignage.com, you shall be sent an email confirming your registration.
3.3 You hereby warrant that the information provided by you is true, accurate and correct. You further warrant that you shall promptly notify us in the event of any changes to such information provided.
3.4 You shall keep, and procure that all users keep, any login details confidential and secure. Without prejudice to our other rights and remedies, we reserve the right to promptly disable your login details and suspend your access to our service in the event we have any reason to believe that any user has breached any of the provisions set out herein.
Please don’t sign up with false information, and if any of your contact details change, keep your information updated.
If we suspect someone has broken into your account, we may suspend it and get in touch with you.
4. FORMATION AND TERMINATION OF YOUR CONTRACT
4.0 You must be at least 13 years of age to use our systems as we collect personally identifiable information.
4.1 Your contract with us shall commence on the date we send your confirmation email. Your contract shall continue and unless terminated shall automatically renew for further recurring periods of one (1) month (each a “Billing period”) unless terminated by you or us in accordance with these Terms.
4.2 You may terminate your Contract with us at any time by providing notice in writing or by e-mail sent to the postal or e-mail address provided in clause 17.
4.3 We may give you notice to terminate your contract and your use of our service at any time.
4.4 We may suspend or terminate your access and use of our service immediately on notice to you in the event that:
4.4.1 third party services and network providers cease to make the third party service or network available to us.
4.4.2 you fail to comply with one or more of these Terms.
4.4.3 we believe that there has been fraudulent use, misuse or abuse of features and functionalities of the Service (in whole or in part) or
4.4.4 we believe that you have provided us with any false, inaccurate or misleading information.
4.5 Upon termination of your contract with us in accordance with this clause 4, your and any user’s access to www.playsignage.com and our service shall cease and any content will no longer be accessible through our service. We may retain copies of your content and/or other data (including any user’s data) made available through our service for auditing and/or tax purposes, or as may be required by us to comply with applicable law.
5. ACCESS TO THE SERVICE AND SUPPORT
5.1 In consideration for payment of the service fees, we hereby grant to you a non-exclusive, non-transferable (without a right to sub-license) license to access and use, and permit users to access and use, the service for the duration of your contract. You acknowledge that you shall be responsible for all use of our service by users and shall ensure that these terms and conditions are brought to the attention of all users. You shall be liable for breach of these terms and conditions by a user as if it were a breach by you.
5.2 Our service permits you and your users to claim screens to view content. Although the number of screens that may be claimed is unlimited, we reserve the right to impose restrictions on the number of screens you have claimed at any one time on notice you. You may claim or un-claim screens at any time.
5.3 We shall use reasonable endeavors to make the service available to you and the users at all times, but we cannot guarantee an uninterrupted or fault free service.
5.4 Our ability to provide our service may be impaired by conditions or circumstances that are beyond our control, including, without limitation third party service providers, geographic or atmospheric conditions, local physical obstructions, software and hardware features or functionality of your personal computer, operating system and the number of other users logging onto our service, server and/or Network at the same time. We shall take reasonable action to minimize the disruption caused by such circumstances but you acknowledge, agree and accept that some such interruptions may not be avoidable.
5.5 The Network is not controlled by us and may from time to time be upgraded, modified, subject to maintenance work or otherwise amended by the owner of the Network. Such circumstances may result in the Service being temporarily unavailable. We will take reasonable action to minimize the disruption caused by such circumstances, but some such interruptions may not be avoidable.
5.6 We use industry standard security measures to protect against the loss, misuse and alteration of the information, data, and/or content handled by our service. However, you acknowledge and agree that we cannot guarantee complete security of such information, data, and/or content or that our security measures will prevent hacks, worms, bugs, trojans or such other similar devices that may allow access to or unauthorized viewing of such information, data, and/or content.
5.7 We reserve the right to make changes to our service or part thereof, from time to time at our sole discretion, and we may from time to time update, add, remove, modify and/or vary any features or functionalities of our service.
5.8 We offer support all weekdays between 8 am – 4 pm, CET for the duration of your contract in respect of your use of our service, which comprises of:
5.8.1 advice on access and use of our service, and
5.8.2 diagnosis of interruptions to our service, in each case by e-mailing us at [email protected]
5.9 Fault diagnosis is subject to you or any user providing a clear and accurate description of any fault requiring support, including the circumstances in which it arose, the area of our service to which the fault relates and any other information reasonably required by us to remedy the fault.
5.10 Subject to receiving a description in accordance with clause 5.9, we shall use our reasonable efforts to resolve the faults within a reasonable time following receipt of your or a user’s request pursuant to clause 5.8.
5.11 The support detailed in this clause 5 shall not include the diagnosis and rectification of any fault resulting from:
5.11.1 use of our service other than in accordance with these terms and conditions or the use of our service for a purpose for which it was not designed
5.11.2 a fault in your or a third party’s software, hardware, network connections or application or any upgrade in respect thereof or
5.11.3 a fault in the equipment or in any other software operating in conjunction with or integrating with our service.
By paying us your service fee, we’ll let you use our services.
You can claim as many screens as you want to, but if we think something odd is going on, we may limit the number of screens you can claim at once until we clear things up.
More information can be found in our SLA and Support Policies.
6. YOUR OBLIGATIONS
6.1 You agree that you are solely responsible and liable for all your activities on www.playsignage.com and use of our service, including that of your users. You shall be liable for any breach of these terms and conditions by a user as if you had breached the terms and conditions.
6.2 You shall promptly notify us in the event of a breach of security or any unauthorized Use of your login details.
6.3 You are responsible for ensuring that any content is not deemed to be offensive, illegal, inappropriate or that in any way:
6.3.1 promotes racism, bigotry, hatred or physical harm of any kind against any group or individual
6.3.2 harasses or advocates harassment of another person
6.3.3 displays pornographic or sexually explicit material
6.3.4 promotes any conduct that is abusive, threatening, obscene, defamatory or libelous
6.3.5 promotes any illegal activities
6.3.6 provides instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses
6.3.7 promotes or contain information that you know or believe to be inaccurate, false or misleading
6.3.8 engages in the promotion of contests, sweepstakes, and pyramid schemes, without our prior written consent
6.3.9 contains any virus or other thing or device which may prevent, impair or otherwise adversely affect the operation of www.playsignage.com or
6.3.10 infringes any Intellectual property rights or any other proprietary rights of any third party.
6.4 You hereby grant and procure that any user grants, to us a non-exclusive, worldwide royalty-free license to use the content and all other materials submitted by you or any user for the purpose.
6.5 You acknowledge that our service does not verify the rights and restrictions applicable to any content. Where you do not own the content, you are solely responsible for checking the relevant license rights and restrictions applicable to any content. We shall not be liable to you for any losses, damages, costs or expenses incurred by you arising out of or in connection with your use of any content through our service.
6.6 You warrant and represent that you own, are licensed or otherwise have a right to use any and all the intellectual property rights in any content that you submit to our service. You hereby indemnify and hold us harmless against all damages, losses, costs and expenses (including reasonable legal expenses) incurred or suffered by us arising out of or in connection with any claim made against us by a third party arising out of or in connection with our use or possession of any content in accordance with these terms and conditions.
6.7 You further agree that at all times, you shall, and procure that any user shall:
6.7.1 not use login details with the intent of impersonating another individual
6.7.2 not allow any other person other than a user to use your login details
6.7.3 not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using our service and www.playsignage.com or in respect of the network
6.7.4 not use www.playsignage.com and/or our service, the content therein and/or do anything that will infringe any intellectual property right or other rights of any third parties
6.7.5 not use any information obtained using our service and/or www.playsignage.com otherwise than in accordance with these terms and conditions.
6.7.6 comply with all our instructions and policies from time to time in respect of www.playsignage.com and your use of our service
6.7.7 co-operate with any reasonable security or other checks or requests for information made by us from time to time and
6.7.8 use the information made available to you using our service and on www.playsignage.com at your own risk.
6.8 In the event that you or any user breach any of the terms in this clause 6, or we in our sole and absolute discretion, reasonably suspect that you or any user have breached any of the terms set out in this clause 6, we reserve the right to take any action that we deem to be necessary, including without limitation, the termination of your contract forthwith and without notice.
7. FEES AND PAYMENT OF FEES
7.1 All fees are invoiced monthly back in time and are based on the number of screens you have claimed and the number of hours they have been claimed in a billing period. Screens will be charged for regardless if they have been offline (turned off) or online as long as they are linked to an account.
7.2 All fees are invoiced on the last day of the month.
7.3 The monthly fees, payable by you for the billing period, are adjusted where you have claimed additional screen (s).
7.4 The monthly fees, payable by you for the billing period, are adjusted also when screen (s) are unclaimed.
7.5 Adjustments will be calculated at the end of each billing period as the total actual days a screen has been claimed is divided by total possible days in the billing period. For the avoidance of doubt, “total actual days” is the number of days during which a screen has been claimed during the billing period. (For example, if a screen has been claimed for the whole January month that’s 31 days, if a screen had been linked from 1st January through 7th January we divide the monthly price by 31 days and multiply it with 7 days thus you would be charged 3.5 EUR).
7.6 All fees are non-refundable unless otherwise agreed by us in writing.
7.7 Invoices are only sent by e-mail. We send your invoice to the e-mail registered at www.playsignage.com, but you always have the option to change this e-mail in your account settings or by e-mailing us at [email protected]
7.8 www.playsignage.com offers a payment solution called “Payment by credit card.” It is a service that ensures you that your invoices are automatically paid from your credit card on the date of the payment deadline. You can sign up for “payment by credit card” when you shop at www.playsignage.com. You may at any time revoke your consent that we do “Payment by credit card.” You do this at www.playsignage.com or by contacting [email protected] You can also change your credit card information at any given time. When adding your credit card you authorize that your credit card information is registered with QuickPay, approved by international safety standards. When registering, you agree also that we subtract an amount from your credit card each month. It is your own responsibility to update your e-mail address, address, phone, etc. You can find a copy of your invoices at www.playsignage.com. The payment solution is free if you pay with a Dankort or a Visa/Dankort. When using other payment cards we may be charged a fee. If you need to reject a single payment you can do this at www.playsignage.com. It is important that this is done before the due date of the invoice. If we can not debit the invoiced amount from the registered credit card, we’re entitled to send you a reminder with reminder fees and interest.
7.9 All fees payable hereunder are exclusive of the VAT or other sales tax, which will be added at the applicable rate.
8. SHOPPING ONLINE AT WWW.PLAYSIGNAGE.COM
8.1 The following terms apply specifically for the purchase of physical products at www.playsignage.com. These terms supersede other terms if there are inconsistencies.
8.2 If you purchase products at www.playsignage.com, we send products to the address registered under your agreement. When the products are shipped from our warehouse, you will receive an email with information about the package’s tracking number. Expected delivery time is 1-3 business days. If you have changed your order, please contact us at 81100200 or [email protected] during normal business hours.
8.3 You have a two-year warranty on all the products you have bought from www.playsignage.com. This means that you either get it repaired or replaced, refunded or a reduction in the price, depending on the specific situation. If the products are damaged due to vandalism, abuse or similar conditions that you are responsible for, it’s not covered by the warranty. The warranty applies from the day you receive the products. You must complain within a reasonable time after you have discovered a defect in the goods and maximum 2 weeks after receiving the products. When returning products please enclose a copy of the invoice. Remember that the products must always be returned in protective packaging and always get a receipt for your shipment.
8.4 www.playsignage.com offer a payment solution called “Payment by credit card.” where you can pay with the following credit cards, Dankort, Visa, Mastercard, Visa Electron, JCB and American Express. The payment solution is free if you pay with a Dankort or a Visa/Dankort. When using other payment cards you may be charged a fee. It is your responsibility to keep payment card data up to date and ensure that data are updated when you get a new payment card.
9. FREE ACCOUNT
9.1 We offer you an all-time free account with claimed screens limited to one (1) and where you can try out our service for free. You acknowledge that, with a free account, our service may have certain restrictions and limited functionality (e.g. a limit on the number of screens that may be claimed).
9.2 Our free account is not limited by time, only claimed screens and functionality.
9.3 With a free account, you agree that we will have the right to send you communications, notices, and news about our service to your e-mail address and to use an alternate email address you may have provided.
9.4 We reserve the right to modify, cancel and/or limit your free account at any given time.
9.5 One person or organization is limited to one free screen, duplicate account creation is prohibited and will result in closing down of accounts on discovery.
10. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
10.1 You hereby warrant that (a) all users are at least 18 years old, (b) you have the right and capacity to enter into and be bound by these terms and conditions and (c) you shall comply with all applicable laws regarding the use of our service.
10.2 Our service is provided to assist with viewing content on screens and should not be used as a backup facility. You should ensure that you and the users have adequate backup facilities for any content and we shall not be liable for any losses or damages incurred by you or any users arising out of or in connection with your failure to implement adequate backup facilities in respect of any content.
10.3 You acknowledge that we may use compression techniques in order to relay content on screens, which may result in a reduction in the image quality when viewed on a screen. We cannot guarantee that any attempt to claim a screen will be successful and may be subject to your selected screen meeting certain specifications specified by us from time to time.
10.4 Links to third party websites may appear on www.playsignage.com from time to time. Such third party websites are not our responsibility and we accept no liability for the availability, suitability, reliability or content of such third party websites and third-party software.
10.5 We shall not be liable for any delay or failure to provide our service and/or make www.playsignage.com available for reasons that are due to third parties including without limitation internet service providers, data centers, server hosting companies and telecommunication providers.
10.6 All warranties, representations, guarantees, conditions and terms other than those expressly set out herein whether express or implied by statute, common law, trade usage or otherwise, and whether written or oral are hereby expressly excluded to the fullest extent permissible by law. Consequently, all information, advice, suggestions, and recommendations made available to you are provided to you on an “as is” basis.
10.7 Nothing in these terms and conditions shall be deemed to exclude, restrict or limit liability for the following categories:
10.7.1 death or personal injury resulting from negligence
10.7.2 any liability for fraudulent misrepresentation
10.7.3 any act of liability caused through wilful default or
10.7.4 any indemnity provided hereunder.
10.8 Subject to clause 10.7, neither you or us shall be responsible for any:
10.8.1 loss of profits, sales, business, or revenue
10.8.2 loss or corruption of data, information or software
10.8.3 loss of business opportunity
10.8.4 loss of anticipated savings
10.8.5 loss of goodwill or
10.8.6 special, indirect or consequential loss
10.9 Subject to clause 10.7, our maximum aggregate liability to you under, arising from or in connection with your contract, whether arising in contract, tort (including negligence) or otherwise, shall not exceed the fees paid by you to us under your contract in the twelve (12) months prior to the month in which the event or series of events arose (and in the event less than 12 months have elapsed, our aggregate liability shall be limited to the fees payable by you in the first 12 months of your contract, to be calculated by averaging the fees paid (or payable in the case of fees invoiced but not yet paid) by you during the preceding months).
11. INTELLECTUAL PROPERTY RIGHTS
11.1 We and/or our licensors own all rights in the intellectual property rights relating to our service and www.playsignage.com. All right, title and interest in and to our service and www.playsignage.com will remain exclusively with us and/or our licensors.
11.2 You are expressly prohibited from:
11.2.1 reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of our service or www.playsignage.com, and
11.2.2 removing, modifying, altering or using any registered or unregistered marks/logos/design owned by us and/or its licensors, and doing anything which may be seen to take unfair advantage of our reputation and goodwill or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to us.
12. DATA PROTECTION
12.1 You shall ensure that your and any user’s use of our service is compliant with all relevant applicable laws, regulations, and policies relating to data protection.
12.2 To the extent that any content contains personal data, as defined by the Data Protection Act 1998, you shall ensure that you are entitled to transfer such personal data to us so that we may lawfully process the personal data for the purpose of performing our obligations under these terms and conditions and that the relevant third parties have given their consent to our processing of the personal data in accordance with these terms and conditions.
12.3 We may collect and process the following information:
12.3.1 information that you provide to us from time to time, including information provided at the time of registering to use www.playsignage.com, content or any requests for further information or services. We may also ask you for information when you report a problem with www.playsignage.com
12.3.2 if you or any user contact us, we may keep a record of that correspondence
12.3.3 details of users’ visit to www.playsignage.com and use of our service, including searches requested, page response times, lengths of visit.
12.3.4 details of users’ use of our service including, but not limited to, login information, browser type, and version, traffic data and other communication data, and the resources that users access, so we may compile statistics relating to the use of our service.
12.4 We take appropriate measures to ensure that any personal data is kept secure and for the duration of your use of our service. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect personal data, we cannot guarantee the security of users’ data when transmitted to www.playsignage.com, any transmission is at your own risk. Once we have received your information, we will use reasonable procedures and security features to try to prevent unauthorized access.
12.5 We use information held about users in the following ways:
12.5.1 to ensure that our service is presented in the most effective manner for you and your users
12.5.2 to carry out our obligations arising from any contracts entered into between you and us
12.5.3 to notify you about changes to our service
12.5.4 as part of our efforts to keep our service safe and secure
12.5.5 to make suggestions and recommendations to you and users about services that may be of interest to you or them and
12.5.6 to make improvements to our service.
12.6 We may disclose User personal data to:
12.6.1 business partners, suppliers, and sub-contractors for the performance of any contract we enter into with them or you
12.6.2 providers that assist us in the improvement and optimization of our service
12.6.3 in the event that we sell or buy any business or assets, in which case we may disclose user personal data to the prospective seller or buyer of such business or assets
12.6.4 if we or substantially all of our assets are acquired by a third party, in which case personal data held by us will be one of the transferred assets
12.6.5 if we are under a duty to disclose or share user personal data in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions and other agreements or
12.6.6 to protect the rights, property, or safety of Play Digital Signage, Inc. our service and any third party we interact with to provide www.playsignage.com.
13. VIRUSES, HACKING AND OTHER OFFENCES
13.1 You will not and procure that the user will not, misuse our service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our service, the server on which our service is stored or any server, computer or database connected to our service and/or www.playsignage.com. You must not attack our service via a denial-of-service attack or a distributed denial-of-service attack.
13.2 By breaching this provision, you would commit a criminal offense under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right, together with any user’s right, to use our service will cease immediately.
13.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your, or any user’s, use of our service and www.playsignage.com or to your, or any user downloading of any material posted on it, or on any website linked to it.
14. PUBLICITY AND MARKETING
14.1 Subject to your prior approval, we may in any of our marketing material refer to you as our customer and refer to the type of services that we have provided for you. This also includes the use of your logo on www.playsignage.com and in other marketing materials published by us.
14.2 Subject to your prior approval, we may publish and circulate a case study describing the service supplied by us to you, including aggregate figures relating to your use of our service and the benefits it has brought to your business (for use by us as a marketing tool).
14.3 In the case where you, as a customer, do not want us to use your name and/or logo in our marketing materials, you should let us by e-mailing [email protected]
15.1 Unless otherwise set out to the contrary in these terms and conditions, each party (the “Receiving Party”) shall keep confidential all information and documentation disclosed by the other party (the “Disclosing Party”) to the Receiving Party or of which the Receiving Party becomes aware which in each case relates to any operations, products, processes, dealings, trade secrets or the business of the Disclosing Party or which is identified by the Disclosing Party as confidential (“Confidential Information”) and will not use any Confidential Information for any purpose other than the performance of its obligations under these terms and conditions and/or improving performance of our service. Other than to its employees and sub-contractors to the extent that it is reasonably necessary for the purpose of performing its obligations under these terms and conditions, the Receiving Party shall not disclose Confidential Information to any third party without the prior written consent of the Disclosing Party.
15.2 The obligations contained in Clauses 15.1 shall not apply to any Confidential Information which is:
15.2.1 on the date your contract comes into effect, or at any time after that date, in the public domain other than through a breach of these terms and conditions by the Receiving Party,
15.2.2 furnished to the Receiving Party without restriction by a third party having a bona fide right to do so or
15.2.3 required to be disclosed by the Receiving Party by law or regulatory requirements of any stock exchange, provided that the Receiving Party shall give the Disclosing Party as much notice as reasonably practicable of the requirement for such disclosure.
16.1 If we fail at any time to insist upon strict performance of our obligations under these terms and conditions, or if it fails to exercise any of the rights or remedies to which it is entitled to under these terms and conditions, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations.
16.2 You shall comply with all foreign and local laws and regulations which apply to your use of our service in whatever country you are physically located, including without limitation, export control laws and regulations.
16.3 Neither party will be responsible for delays resulting from circumstances beyond the reasonable control of such party, provided that the nonperforming party uses reasonable efforts to avoid or remove such causes of non-performance and continues performance hereunder with reasonable dispatch whenever such causes are removed.
16.4 A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.5 No waiver by us of any of the terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
16.6 All notification and communication should be sent to the contact details set out in clause 16 below (in the case of Play Digital Signage) or the contact details given by you in the online registration form at www.playsignage.com. A notice or communication is deemed given: (i) if delivered personally, when left at the relevant party’s address, (ii) if sent by post, two working days after posting it, (iii) if sent by e-mail on completion of its transmission.
16.7 If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent, be severed from the remaining terms, conditions, and provisions which shall continue to be valid to the fullest extent permitted by law.
16.8 Your contract represents the entire agreement between you and us in respect of your use of our service and www.playsignage.com and shall supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
16.9 You acknowledge that in entering into these terms and conditions, you have not relied on any representations, undertaking or promise given by or implied from anything said or written whether on www.playsignage.com, the Internet or in negotiation between us (whether made innocently or negligently) except as expressly set out in these terms and conditions.
16.10 These terms and conditions are governed by and construed in accordance with U.S. law. The Courts of the state of Delaware, U.S. shall have exclusive jurisdiction over any disputes arising out of these Terms.
16.11 We may alter or amend these terms and conditions by giving reasonable notice on www.playsignage.com and by e-mail til subscribers of our newsletters. By continuing (or users continuing) to use our service after expiry of the notice period, you will be deemed to have accepted any amendment to these terms and conditions.
17. CONTACT DETAILS
17.1 Please direct any queries about our terms and conditions to [email protected]