Terms of Service
[EFFECTIVE FROM 04.02.2014]
This Dogu Terms of Service Agreement (“Terms of Service” and/or “Agreement”) is entered into between Dogu AS, all of its subsidiaries and all of its parent companies (collectively, “Dogu”, “we” and/or “us”) and the individual or entity that accesses and/or use the services provided by Dogu as set forth in this Agreement (collectively, the “Services”), including without limitation, any employee, independent contractor, invitee or agent of such individual or entity whether or not a subscriber to the Services or the Services have been paid for by anyone (“User”, “you” and/or “your”).
- If you have ordered screens (or any other hardware) with your subscription you adhere to the policy of the provider in the event of damage or in any way erroneous, faulty or in any way an unsatisfactory delivery. Dogu is not liable for any damage, erroneous faulty or in any way unsatisfactory delivery by the provider of such screens (or any other hardware).
- Invoice for the Services (defined herein) provided Dogu in accordance with these Terms of Service is sent by email if not stated otherwise in the contract.
Right of withdrawal
- You follow at all times the Right of withdrawal laws applicable in relevant jurisdiction.
Returning a product if warranty not expired
- The customer is responsible for paying shipping, and documenting error.
- The product will be returned to the customer after we have repaired the problem, and/or ordered a replacement free of charge if we find it reasonable to fulfill the warranty herein.
- Replacement product will be returned as soon as possible.
- You comply to always adhere with your contract. Furthermore, you agree to pay the monthly, quarterly or annual fees to Dogu. You acknowledge and agree that we may change our charges, fees and pricing for future renewals of the Services, and that the costs of future renewals for the Services may increase.
- In the case of missing payment, and/or if we think there is reasonable misconduct in respect to your contract, we will close your subscription and the Service will not be available for use. After such closure you still remain liable for payment of all vested amounts due under this Agreement.
- If we think there are reasonable grounds for shutting down your subscription we will do so, without notifying you beforehand.
- Fees and costs of whatever kind are not refundable.
Term and Automatic renewal:
- Dogu's initial subscription period is 24 months (the “Initial Subscription Period”). During the Initial Subscription Period the subscription cannot be terminated without Dogu's prior written consent.
- Unless you notify Dogu before the end of the applicable subscription period that you want to cancel your subscription, your subscription will automatically be renewed and you authorize us to collect the then-applicable annual or monthly subscription fee for such service (as well as any taxes) using any credit card or other payment mechanism we have on record for you.
Cancellation and Termination
- You need to contact us personally to close your account, either by phone call or email.
Updates and Amendments:
Terms and Conditions
Ownership and Security
- After we have received payment for hardware according to your contract you own the Dogu Connect, and any other hardware/equipment that accompanied the Dogu Connect. The Dogu Connect is your property and Dogu take no responsibility whatsoever in respect to the Dogu Connect after such payment has been made. Furthermore, in the event that the Dogu Connect is hacked, we take no responsibility.
- You are responsible for connecting the Dogu Connect to the Internet and Dogu take no responsibility whatsoever in respect to this.
Equipment that accompanied the Dogu Connect
- Any erroneous cabling and/or other necessary equipment which are damaged will not be replaced in any way including but not limited to HDMI cable, network cable, HDMI splitter, RAM, SSD.
Dogu Connect failure
- In the case of software or hardware failure we take no responsibility for screen downtime, and we will to the best of our ability try to repair the problem in hand as soon as possible. You will have no right to compensation or other similar arrangements of any kind in case of screen downtime.
Replacing the Dogu Connect
- We can at any time switch out/replace our hardware. We will to the best of our ability continue to support legacy hardware. Furthermore, if we decide that any new features require new hardware we have the right to exclude this feature for customers having older non-compatible hardware. You will need to buy any upgrade of hardware to enjoy such new features.
Tampering and/or modifications to the Dogu Connect
- Any software or hardware modifications to the Dogu Connect will render any warranty invalid and Dogu are not liable for any failures or damages of any kind in respect to such modifications.
- Opening the Dogu Connect will render any warranty invalid.
- You are responsible for upholding the security of your account, including all user content connected to you as a user of our Service.
- You are fully responsible for all activity that occurs on your account. If you intend to authorize other persons to use the Services through your account, you hereby agree to these Terms of Service whether or not you personally use the Services, and you further agree to (i) cause all other persons who access the Services through your account to comply with this Agreement, and (ii) pay all amounts due for the Services used under your account.
- Dogu is not liable for any act or omission done by you, including any damage of any kind.
- Anything that originates from or are as a result of your use of Livescreen Service, including but not limited to images, text, graphics, audio or any combination of these, constitute Content.
- When you have an account at livescreen.no and operate that account, publish Content to the screen and make content available on the Livescreen website and service you are entirely responsible for that content. Including allowing a third-party to make Content available on the Livescreen service. You are entirely responsible for any damage, harm resulting from the Content. Dogu does not verify or endorse any Content. You acknowledge that any reliance by you upon any Content shall be at your sole risk.
- We save user Content on our servers but you are responsible and owner (or authorized user) of the Content with regards to Copyrights. You are further responsible for not having inappropriate content in any way displayed, saved or uploaded to our Service, including but not limited to sexual, scary, misconduct or otherwise harmful Content.
- By making the Content available through the Livescreen Service you warrant that:
(i) the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secrets, of any third party;
(ii) if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any sensitive company data, or (ii) secured from your employer a waiver in respect to all rights to the Content;
(iii) you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
(iv) the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
(v) the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
(vi) the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
(vii) the Content does not mislead others into thinking that you are another person or company. For example, your company's name or email address is not the name of a person other than yourself or company other than your own;
(viii) your livescreen.no-account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar promotional methods;
(ix) your livescreen.no-screen is not named in a manner that misleads your viewers and readers into thinking that you are another person or company. For example, your account’s URL or name is not the name of a person other than yourself or company other than your own; and
(x) you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Dogu or otherwise.
- Without limiting any of these representations or warranties, Dogu has the right (though not an obligation) to, in Dogu's sole discretion (i) refuse or remove any content that, in Dogu's reasonable opinion, violates any Dogu policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of Livescreen.no to any individual or entity for any reason, in Dogu's sole discretion. Dogu will have no obligation to provide a refund of any amounts previously paid.
- We reserve the right to advertise our logo on your screen in the case where you have a free subscription or in cases where Dogu in its sole discretion find it necessary because of misconduct, including but not limited to failing to pay the subscription fee.
- Dogu reserves the right to display attribution links such as ‘livescreen.no’, the Livescreen logo and font attribution somewhere in your screen.
- In case of service failure the Service may be unresponsive or down for a period of time and we will to the best of our ability try to repair the problem at hand as soon as possible. You have no right to compensation or other similar arrangements of any kind in case of service failure.
- Livescreen.no or the Livescreen Services contains third party websites or services (collectively, “Third Party Websites”) that are not owned or controlled by Dogu. When you access Third Party Websites, you do so at your own risk. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third Party Websites relating to your use of the Livescreen Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement. Dogu has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Websites. In addition, Dogu will not and cannot monitor, verify, censor or edit the content of any Third Party Websites. By using the Livescreen Services, you expressly relieve and hold harmless Dogu from any and all liability arising from your use of any Third Party Website.
- Updates or changes to the third-party services that renders our service useless for a period of time we will update as soon as possible. If changes render our Service useless there will be no compensation and the affected feature/features will be removed.
- If you choose to use the Radio feature you comply to always adhere with the policy, conditions and terms of the channel that are of use.
- You are entirely responsible for the use of third-party integrations on your Livescreen Service and any result of that use.
- In an event of being hacked, we will to the best of our ability try to mitigate the damage, and to the best of our ability try and repair it as fast as possible. You comply with having periods where we must shut down our service for longer periods of time. We do not take any responsibility to for any loss of user Content and private user information in the event of an attack.
- Dogu will use commercially reasonable efforts to provide you with support and maintenance for the Livescreen service in accordance with its standard practices (as may be amended from time to time). You agree that Dogu will have the right to charge, in accordance with its then current policies, for any support services resulting from problems, errors or inquiries relating to systems or any other network, equipment, service or software not owned, controlled or procured by Dogu. Dogu shall have no obligation to provide updates (for example, patches or revisions to the Livescreen service), except that Dogu will provide you with any update that it makes generally available without charge to its similar customers. Dogu will not be responsible or liable for any failure in the Livescreen service resulting from or attributable to (i) your Systems, (ii) network, telecommunications or other service or equipment failures outside of Dogus' facilities, (iii) your or any third party's products, services, negligence, acts or omissions, (iv) any force majeure or cause beyond Dogus' reasonable control, (v) scheduled maintenance or (vi) unauthorized access, breach of firewalls or other hacking by third parties.
Responsibility of users
- Dogu has not reviewed, and cannot review, all of the material, including computer software, posted to the livescreen.no, and cannot therefore be responsible for that material’s content, use or effects. By operating the livescreen.no, Dogu does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Livescreen.no may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Livescreen.no may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Dogu disclaims any responsibility for any harm resulting from the use by visitors of livescreen.no, or from any downloading by those visitors of posted content.
Content Posted on Other Websites
- We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages to which livescreen.no or dogu.no link, and that link to livescreen.no or dogu.no. Dogu does not have any control over those non-Dogu websites and web pages, and is not responsible for their contents or their use. By linking to a non-Dogu website or webpage, Dogu does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Dogu disclaims any responsibility for any harm resulting from your use of non-Dogu websites and web pages.
- As Dogu requires others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by livescreen.no or dogu.no violates your copyright, you are encouraged to notify Dogu. Dogu will, as it is able, respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a user who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Dogu or others, Dogu may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Dogu will have no obligation to provide a refund of any amounts previously paid to Dogu to any person in respect of any such termination.
- Dogu, Livescreen, livescreen.no, the Livescreen logo, Dogu Connect and all other trademarks, service marks, graphics and logos used in connection with Livescreen, or livescreen.no are trademarks or registered trademarks of Dogu or Dogu's licensors. Other trademarks, service marks, graphics and logos used in connection with the livescreen.no may be the trademarks of other third parties. Your use of the livescreen.no grants you no right or license to reproduce or otherwise use any Dogu, Livescreen or third-party trademarks.
- Livescreen.no, including without limitation all content there available and these Terms and Conditions, may be changed at the sole discretion of Dogu and without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms and Conditions, and so should periodically review these Terms and Conditions. Your continued use of or access to the livescreen.no following the posting of any changes to this Agreement constitutes acceptance of those changes. Dogu may also, in the future, offer new services and/or features through livescreen.no. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Limitation of warranties of Dogu, its suppliers and its licensors
- Except as otherwise expressly stated, the Livescreen service and all content posted to or available from livescreen.no or the Dogu Connect is provided “as is”, and Dogu, its suppliers and its licensors make no representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights. You understand and agree that you obtain content or services through, livescreen.no at your own discretion and risk, and that Dogu, its suppliers and its licensors will have no liability or responsibility for any damage to your computer system or data that results from the download or use of such content or services. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above may not apply.
Limitation of liability of Dogu, its suppliers and its licensors
- In no event will Dogu, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Dogu under this agreement during the twelve (12) month period prior to the cause of action. Dogu shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
User General Representation and Warranty
- You agree to defend, indemnify and hold harmless Dogu, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including legal fees, arising out of your use of the livescreen.no and the Livescreen service, including but not limited to out of your violation of any representation or warranty contained in these Terms and Conditions.
- The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Dogu shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Dogu's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. Unless expressly provided otherwise, each right and remedy in this Agreement is in addition to any other right or remedy, at law or in equity, and the exercise of one right or remedy will not be deemed a waiver of any other right or remedy. This Agreement is not assignable, transferable or sub-licensable by you except with Dogu AS prior written consent. Dogu may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications and waivers of any provisions thereof must be in writing, signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Dogu in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.
Personal data that is collected:
- User information: email, name and password when you register an account.
- Email communication between you and the service.
- We collect anonymous user information about the use of our services through third-party analytic tool.
- User content: all users submitted content including but not limited to pictures and videos.
- In an event of being hacked, we will in any event do what we can to mitigate the damage, and to the best of our ability try and repair the problem at hand as fast as possible. Such hacking may result in periods where we must shut down our Service. We do not take any responsibility for any loss of user content and private user information in the event of an attack.
Use of personal information:
- Identification of you as a user of our service.
- We remember information about you so you don’t need to login the next time you use our service.
- Monitor metrics like total number of visitors, traffic and demographic patterns.
- Personal information may be used to help us develop, deliver and improve our products and Services and may be used for internal purposes such as auditing, data analysis and research for the purpose of such improvement of our products and Services.
- You acknowledge and agree that Dogu may obtain information (to the extent consistent with applicable legislation) about your use of, and availability on the Services at any given time, among other information, and that Dogu can utilize and maintain this information; for its own use; to provide marketing communications to you, and for disclosure to third parties (including government officials or pursuant to any court order) in accordance with applicable law or governmental request at any time. If you do not want be on our mailing list, you can opt out anytime by sending an email to email@example.com.
How this information will be shared/transferred to third party companies:
- We may share user content and your information (including but not limited to, information from cookies, log files, device identifiers, location data, and usage data) with businesses that are legally part of the same group of companies that Livescreen is part of, or that become part of that group ("Affiliates"). Affiliates may use this information to help provide, understand, and improve the Service (including by providing analytics) and Affiliates' own services (including by providing you with better and more relevant experiences).
- We also may share your information as well as information from tools like cookies, log files, and device identifiers and location data, with third-party organizations that help us provide the Service to you ("Service Providers"). Our Service Providers will be given access to your information as is reasonably necessary to provide the Service under reasonable confidentiality terms.
Use of non-personal information
- In respect to access or use of the Services (defined herein), Dogu may collect non-personal information (company, language, location etc.) in a form that does not permit direct association with any specific individual. Such information may be collected, used, transferred and disclosed by Dogu for any purpose.
How to modify or delete your personal information:
- When you end your subscription to our Services all personal information will be deleted.
- You can end your subscription by contacting us at least one month before your subscription ends and is renewed.
- You can update your password at any time by logging in and going to settings.
- Other account related updates need to be coordinated with us directly.
In the event of Change in Control:
Responding to legal requests and preventing harm:
- We may access, preserve and share your information in response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. Also legal request outside of Norway.
- We are not responsible for the functionality, privacy, or security measures of any other organization.
- If you choose to use Instagram you must remove from your application within 24 hours any user content or other information that the owner asks you to remove.
How your personal information is stored:
- Your information collected through the Service may be stored and processed in Norway or any other country in which Livescreen, its Affiliates or Service Providers maintain facilities.
- By registering and using the Service you agree to send information to Norway or any other country in which Livescreen, its Affiliates or Service Providers maintain facilities.
Protection of personal information
- Dogu takes precautions, such as administrative, technical and physical measures, to safeguard your personal information against loss, theft and miscue, as well as against unauthorized access and disclosure.
- If it is necessary in respect to national security, law enforcement or other issues of public importance, Dogu may disclose information about you to third parties.
How long do we store user content:
- After terminating the subscription we will remove the user content at our own accord.
(+47 915 62 303) or email (firstname.lastname@example.org).