Acceptable Use Policy, Terms of Service, and Disclaimer

MD Design, LLC d/b/a Screenflair, and any of its affiliates, subsidiaries or their representatives (together “Screenflair,” “we” or “us“) have established this Acceptable Use Policy (“AUP“) for the protection of ScreenFlair and its customers for the use of ScreenFlair’s products. ScreenFlair can be contacted at customerservice@Screenflair.com regarding any questions you have about this AUP, ScreenFlair, or ScreenFlair’s products. By using services provided by ScreenFlair, you agree to be bound by the terms of this AUP.

GENERAL PROVISIONS

The following terms and conditions apply only to ScreenFlair products and services and any facilities and equipment used to furnish the service or product (“Products“). If a specific provision in a contract with ScreenFlair is in conflict with any of these more general terms and policies, the specific contractual provision will govern and prevail. ScreenFlair does not discriminate in the provisioning of its services, and will provide its Products where technically feasible and within reasonably anticipated capacity conditions to any party able to contract for them and under terms and conditions that are fair, reasonable and responsive to competitive market conditions.

  1. ScreenFlair is only responsible for the creation of its Products. ScreenFlair’s does not warrant that its Products meet standards other than those set forth in a specific agreement with ScreenFlair. A customer may not assign or transfer the use or relocation of a ScreenFlair Product unless the assignee or transferee assumes in writing all outstanding indebtedness and all contractual obligations applicable to the Products and ScreenFlair consents in writing to such assignment or transfer.
  2. ScreenFlair’s liability, if any, for its willful misconduct is covered by this AUP. With respect to any other claim by a customer or others for damages associated with the installation, provision, operation, termination, maintenance, repair or restoration of the Products, ScreenFlair’s liability, if any, shall not exceed an amount equal to the proportionate charge by ScreenFlair for such Products during the period in which the Products were affected. ScreenFlair shall not be liable for any act or omission of any other carrier, customer or third-party providing a portion of the Products.
  3. The customer shall indemnify, defend and hold harmless ScreenFlair against any claim, loss or damage arising from its use of the Products involving: (1) claims for libel, slander, invasion of privacy, or copyright infringement; (2) claims for trademark or patent infringement; or (3) any claim arising out an act or omission of the customer.
  4. ScreenFlair’s failure to provide or maintain the Products shall be excused by labor difficulties, government orders, civil commotions, criminal actions against ScreenFlair, acts of God and any other circumstances beyond ScreenFlair’s reasonable control.
  5. Products provided by ScreenFlair shall be maintained by ScreenFlair. Neither a customer nor any third party may rearrange, move, disconnect, remove or attempt to repair any Products without the prior written consent of ScreenFlair.
  6. Products may only be used for lawful purposes. ScreenFlair, in its sole discretion, may refuse to provide or may discontinue any Products when it reasonably believes that use of the Products by the customer is unlawful, against public policy, unethical or is likely to cause harm to ScreenFlair’s business or the provisioning of Products to other customers.
  7. Failure of a customer to pay charges due and owing for Products may result in the termination of those Products and the refusal by ScreenFlair to provide further or additional Products. Under normal circumstances payment of undisputed charges for Products is due within thirty (30) days of the bill date. ScreenFlair will give thirty (30) days’ notice of delinquency, after which the Products are subject to discontinuation. Customer must in good faith dispute charges within thirty (30) days of a bill date. A customer waives its right to dispute charges if undisputed charges are not paid within thirty (30) days of the bill date. Customer may not withhold or offset undisputed charge amounts against disputed charges. All past due charges will be subject to a late payment fee equal to the lesser of (i) one and one-half percent (1.5%) per month, or (ii) the highest interest rate allowable under applicable law; unless stated otherwise in a written agreement with ScreenFlair.

WEB SITE OWNERSHIP AND CONSENT TO MONITORING

Information, text, graphics, software, and other content that make up this website (“Content“) reside on a computer operated by ScreenFlair. Anyone accessing this website consents to monitoring of this access and use by system or security personnel.

USE OF SITE

ScreenFlair hereby grants you a limited, revocable, non-transferrable, non-exclusive license to use this Site. This limited license is not for commercial use and is not for use on behalf of third parties except as explicitly permitted in writing by ScreenFlair. Any violation of these terms will result in an immediate revocation of the license granted herein.

MONITORING OF ACCESS

Access to this website is monitored. The requesting URLs, the machine originating the request, and the time of the request are logged for access statistics and security purposes. Use of this website constitutes consent to such monitoring.

COPYRIGHT INFORMATION/USER RIGHTS

All Content appearing on this website is the property of MD Design, LLC, 4201 N. Westport Ave., Sioux Falls, SD 57107-0666. Copyright © 2017. All rights reserved.

As a user, you are authorized only to view, copy, print, and distribute documents on this website so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion of it) includes the following copyright notice: Copyright © 2017 MD Design, LLC. All rights reserved.

COPYRIGHT AND TRADEMARK

ScreenFlair or its licensor owns the copyright in all of the Content comprising this website, unless otherwise indicated. By accessing and using this website, you agree to abide by U.S. and international copyright law and all other applicable laws. You may access this website and retrieve Content that contains ScreenFlair’s copyright notice, store such Content on your own computer, and print one copy of such Content for noncommercial, personal, or educational purposes only, provided that you (1) do not modify, distribute, or transmit such Content and (2) include any copyright notice originally appearing with such Content. Permission may be needed for other Content not marked with ScreenFlair’s or any copyright notice. You may cite or refer to the URL of this website without limitation.

All brand, product, service, and process names appearing on this website are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by ScreenFlair.

Nothing contained in this Agreement shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of ScreenFlair or any third party, except as expressly granted in this Agreement.

Electronic Communications Privacy Act (ECPA) Notice

Customers are hereby notified that ScreenFlair does NOT offer the same degree of privacy for communication or files that the customer expects from regular paper mail.

Digital Millennium Copyright Act (DMCA) Policy

When ScreenFlair receives a notice from a copyright holder or its authorized representative regarding an alleged violation of law by someone using a ScreenFlair Product, the following actions will be initiated:

  1. ScreenFlair personnel will review the use to determine whether the use is by ScreenFlair or by one of its owners or affiliates. If the address has been assigned to a person or entity other than ScreenFlair, the DMCA notice will be forwarded to that entity for review and any action or response.
  2. If the use is assigned to and used by ScreenFlair or one of its customers, ScreenFlair personnel will attempt to identify the user. If the offender cannot be identified, ScreenFlair will engage an agent to respond accordingly to the copyright holder or its agent. If the offender is identified, ScreenFlair will take the following actions:
  3. If the offender is an employee, the responsible supervisor will be notified and conduct the necessary investigation. If appropriate, disciplinary action may be warranted. A copy of the violation will be filed by human resources in the employee’s personnel file.
  4. If the offender is a customer, the customer will be notified electronically of the offense. If it is a first-time offense, the customer will be notified and advised that an alleged violation of copyright law has been received and that any further violations could affect the customer’s access to the Product. Notification of a second offense will result in the same action. A third offense will result in notice that the Product will be restricted for ninety (90) days to limit the ability violate the law. A fourth offense will result in the termination of Product.
  • Each time a customer is notified pursuant to this policy, that fact and the results of the contact will be communicated by email to the agent named above for use in replying to the copyright holder or its agent. Records of all contacts with the customer regarding the matter will be retained electronically in the customer record.
  1. The foregoing does not limit the ability of ScreenFlair or any entity using a ScreenFlair Product from taking more immediate action to stop the use of ScreenFlair’s Product for unlawful or harmful purposes.

USER INFORMATION

If asked to provide your name, email address, and other contact information or asked to create a password, you are responsible for maintaining the confidentiality of your account information, including your password, and for any activity that occurs under your account. Furthermore, you are responsible for notifying ScreenFlair immediately of any unauthorized use of your account or password, or any other breach of security.

USER REVIEWS AND COMMENTS

Any reviews or comments you provide to ScreenFlair in connection with this Site shall be considered non-confidential and nonproprietary, and ScreenFlair shall have a royalty-free, worldwide, perpetual, irrevocable and transferable right to use, distribute, copy, display, and publish such reviews or comments. ScreenFlair shall be free to use such information on an unrestricted basis and such information shall not be returned to you.

DISCLAIMER OF CURRENCY, ACCURACY, OR QUALITY

ScreenFlair makes no guarantee as to the currency, accuracy, or quality of information published and/or archived on this website, nor will ScreenFlair accept any responsibility for other organizations, businesses, and private persons that provide information on this website.

ACCURACY AND COMPLETENESS OF INFORMATION

All information on this website regarding services provided by ScreenFlair is subject to change without notice. Reasonable efforts are taken to ensure the accuracy and integrity of all information provided here, but ScreenFlair is not responsible for misprints, out-of-date information, or errors. ScreenFlair makes no warranty, express or implied, or assumes any legal liability or responsibility for the accuracy or completeness of any information contained on this website.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY SCREENFLAIR ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SCREENFLAIR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING.

SCREENFLAIR SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, AND DIRECT OR INDEIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES AS A RESULT OF LOSS OF USE, LOSS OF PROFITS OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OF OR THE INABILITY TO USE THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SCREENFLAIR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SCREENFLAIR DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM SCREENFLAIR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SCREENFLAIR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to indemnify and hold ScreenFlair, its officers, directors, shareholders, predecessors, successors, employees, agents, subsidiaries and affiliates, harmless from any liability, loss, claims or expenses including attorneys’ fees made against ScreenFlair by any third party due to or arising out of your use of this site.

LINKS

Certain links on this website lead to resources located on servers that are not maintained by ScreenFlair or under its control. ScreenFlair is not responsible for the contents of any such referenced websites or for the availability of access to such websites.

NO ENDORSEMENT

The inclusion on this website of any link to another website, or any reference to any product or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply an endorsement or recommendation by ScreenFlair.

RIGHT TO REFUSE SERVICE

ScreenFlair reserves the right to refuse service to anyone for actions including but not limited to harassment of ScreenFlair’s employees or customer service personnel, fraudulent activities, abuse of ScreenFlair’s warranty policy, violation of these terms, or any other reason that is reasonable and justifiable under the law.

You acknowledge and agree that ScreenFlair may terminate your access to this site if it determines you have violated these terms. Furthermore, a violation of these terms may constitute irreparable harm to ScreenFlair. Under such claim, monetary damages may be deemed inadequate and therefore you consent that ScreenFlair may obtain injunctive relief in addition to any other remedies available to ScreenFlair under the applicable laws.

VOID WHERE PROHIBITED

Although the information on this website is accessible worldwide, not all services discussed in this website are available to all persons or in all geographic locations or jurisdictions. ScreenFlair reserves the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this website is void where prohibited.

GOVERNING LAW

By visiting this Site, you agree that the laws of the State of South Dakota, without regard to principles of conflict of laws, will govern these terms and any dispute of any sort that might arise between you and ScreenFlair.

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