1. General Terms and Conditions
- Gerneral Terms
By using this website, you agree to be bound by the following Terms and Conditions ("Terms") and agree that you are responsible for compliance with any applicable local laws. SuccessSignage provides digital signage and content management Services through a variety of ways including APP, hardware, and the website at SuccessSignage ("Services"). If you use any aspect of the Services as a subscribed member or otherwise, you agree to be bound by all the Terms. If you do not agree to these Terms, do not use the Services.
The materials on SuccessSignage's website are provided "as is”. Consequently, any risk associated with the use of the Services provided by the website are borne solely by the customer. SuccessSignage expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, those of merchantability, satisfactory quality, title, fitness for a particular purpose, and non-infringement. SuccessSignage makes no warranty that any of the Services will meet the requirements of our customers or that the Services will be uninterrupted, timely or error-free, nor does SuccessSignage make any warranty as to the results that may be obtained from the use of the Services or the accuracy of any other information obtained through the Services or that any defects in the APP will be corrected. The customer understands and agrees that any material and/or data downloaded or otherwise obtained through the use of any of the Services is done at the sole risk of the customer and that the customer will be solely responsible for any damage to its computer system or loss of data that results from the download of such material and/or data. No information or advice, whether oral or written, obtained by the customer from SuccessSignage or through the Services shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to the customer.
In no event shall SuccessSignage or its suppliers be liable for any damages (including but not limited to, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on SuccessSignage's website, even if SuccessSignage or a SuccessSignage authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
- Revisions and Errata
The materials appearing on SuccessSignage's website could include technical, typographical, or photographic errors. SuccessSignage does not warrant that any of the materials on its website are accurate, complete, or current. SuccessSignage may make changes to the materials contained on its website at any time without notice. SuccessSignage does not, however, make any commitment to update the materials.
SuccessSignage has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by SuccessSignage of the site. Use of any such linked website is at the user's own risk.
- Terms Modifications
SuccessSignage may revise these Terms at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms. You agree to use the Services at your own risk. Continued use of the Services shall constitute agreement to any revised Terms.
2. Terms of Services
The Services may include any of the following: (i) SuccessContent, a website used by customers to manage content. A subscribed user account is needed to access it, (ii) SuccessPlayer, hardware media player box and complimentary SuccessPlayer APP. Any new services and features, including the release of new APP and website updates, are subject to these and revised Terms. You agree to use the Services at your own risk.
- APP updates - You consent to SuccessSignage having the right to install patches, bug fixes, updates, upgrades, new versions and any other modifications on your SuccessPlayer APP that SuccessSignage may develop from time to time to improve the Services.
- Registration - To use the Services, you must register for a user account (Account) and provide certain information about yourself or your organization as prompted by the applicable registration web pages. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services does not violate any Canadian, U.S. or other applicable law (including but not limited to copyright laws) or regulation. You may not use the Services for any illegal or unauthorized purpose.
- Account Password/Security- As part of the online registration process, Customer will choose a password and a user name. Customer is entirely responsible for maintaining the confidentiality of its password and account, and Customer is solely responsible for any and all activities that occur under its account. Customer agrees to notify SuccessSignage immediately of any unauthorized use of its account or any other breach of security. SuccessSignage shall not be liable for any loss that Customer may incur as a result of a third party using its password or account, either with or without its knowledge. Customer may be held liable for losses incurred due to a third party using Customer's account or password.
- Intended use of SuccessSignage Services:
It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured. You acknowledge that the Services may not work as described when the requirements and compatibility have not been met.
- The Services are intended to be accessed and used for non-time-critical information and control of SuccessSignage related Hardware and Services. While we aim for the Services to be highly reliable and available, they are not intended to be reliable or available 100% of the time. The Services are subject to sporadic interruptions and failures for a variety of reasons beyond SuccessSignage’s control, including internet accessibility or Services provider up time, among others. You acknowledge these limitations and agree that SuccessSignage is not responsible for any damages allegedly caused by the failure or delay of the Services to reflect current status or notifications.
- No life-safety or critical uses of the Services. You acknowledge and agree that the Hardware and Services are not certified for emergency response. SuccessSignage makes no warranty or representation that use of the Hardware or Services will affect or increase any level of safety. YOU UNDERSTAND THAT THE HARDWARE AND SERVICES ARE NOT AN EMERGENCY NOTIFICATION SYSTEM.
The Services will not be accessible without:
- a working Internet connection that is positioned to communicate reliably with the Hardware;
- an active Account and SuccessSignage certified Hardware
- a standard HDMI compatible television or computer monitor
- other system elements that may be specified by SuccessSignage
PAYMENT AND REFUNDS
As part of the registration process, SuccessSignage will collect certain additional information related to billing and payment matters ("Payment Information"). Such Payment Information will include a valid credit card number with available credit sufficient to pay the applicable Subscription and hardware Fees, a selection of a preferred billing frequency, and other information as required by SuccessSignage. All Payment Information provided by or on behalf of Customer must be current, complete and accurate, and Customer is solely responsible for updating such Payment Information as necessary. Customer hereby authorizes SuccessSignage, from time to time, to take steps to determine whether the credit card number provided is valid. SuccessSignage reserves the right to terminate this Agreement immediately in the event any Payment Information is found to be inaccurate, incomplete or not current at any time. SuccessSignage shall not be responsible for any overdraft charge or other fees that may be incurred by SuccessSignage’s use of Customer's credit card.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, shipping fees, or duties.
All the charges, including but not limited to subscription fees and hardware purchases, from SuccessSignage are non-refundable. There will be no refunds or credits for partial periods of Services, or periods where an account is open but unused.
Prices of all aspects of the Services, including but not limited to subscription fees and hardware purchases, are subject to change upon 30 days notice from SuccessSignage. Such notice may be provided at any time by posting the changes to the SuccessSignage site (SuccessSignage) or to the applicable services. SuccessSignage reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. SuccessSignage shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.
CANCELLATION AND TERMINATION
- SuccessSignage reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You are solely responsible for cancelling your Account. Term-based subscriptions cannot be canceled prior to the end of the agreed-upon term.
- SuccessSignage, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Services, for any reason at any time. Such termination of Services will result in the deactivation or deletion of your Account, the deactivation of Services related to Hardware, and the loss of access to all Content associated with your Account. SuccessSignage reserves the right to refuse Services to anyone for any reason at any time.
- If the bandwidth usage of any Account significantly exceeds the average bandwidth usage of other Accounts (as determined solely by SuccessSignage), SuccessSignage may immediately disable or limit the Account.
- You can cancel your account any time but you need to cancel your Account at least 1 business day before the end of your current paid subscription, your cancellation will take effect at the end of the final day of your paid subscription and you will not be charged again.
- Upon cancellation, all Content associated with an Account is considered immediately removed from all related Services. Reactivation of a cancelled Account does not guarantee access to previously uploaded Content.
CONTENT AND CONDUCT RULES AND OBLIGATIONS
You understand that all Conent, including but not limited to data, text, sound, music, photographs, images, videos, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. This means that you, and not SuccessSignage, are entirely responsible for all Content that you upload, post, transmit, use or otherwise make available via the Services. SuccessSignage does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You agree not to upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Services, the Hardware, or any other system, device or property.
SuccessSignage claims no intellectual property rights over the material you provide to the Services. Your profile and materials uploaded remain yours. However, by allowing your Content to be shared publicly, you agree to allow others to view and share your Content.
You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will SuccessSignage be liable in any way for any Content, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Services. You acknowledge that SuccessSignage does not pre-screen Content, but that SuccessSignage shall have the right (but not the obligation), in their sole discretion, remove any Content that is available via the Services. Without limiting the foregoing, SuccessSignage shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by SuccessSignage or submitted to SuccessSignage. You acknowledge and agree that SuccessSignage may preserve and disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
- comply with legal process;
- enforce the Terms;
- respond to claims that any Content violates the rights of third-parties; or
- protect the rights, property, or personal safety of SuccessSignage, its users and the public.
SuccessSignage cares about the integrity and security of your personal information. You understand that the technical processing and transmission of the Services, including your Content, may involve
- transmissions over various networks; and
- changes to conform and adapt to technical requirements of connecting networks or devices.
SuccessSignage is not responsible for third party networks, or their security.
SuccessSignage cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your SuccessSignage related information for improper purposes. You acknowledge that you provide this information at your own risk.
You understand that SuccessSignage uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.
You agree that you will not:
- upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a SuccessSignage official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
- upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
- upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- intentionally or unintentionally violate any applicable local, provincial, state, national or international law;
- "stalk"" or otherwise harass another member of the Services;
- promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
- offer for sale or sell any item, good or Services that
- violates any applicable federal, provincial, state, or local law or regulation,
- you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or
- SuccessSignage determines, in its sole discretion, is inappropriate for sale through the Services provided by SuccessSignage;
- use the Services as a forwarding service to another website;
- modify, adapt or hack the Services or modify another website so as to falsely imply that it is associated with the Services, SuccessSignage, or any other SuccessSignage Services.
- reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without SuccessSignage’s express written permission.
If any user is reported to be in violation with the letter or spirit of these terms, SuccessSignage retains the right to terminate such account at any time without further warning. Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be in SuccessSignage’s sole discretion as to what action should be taken.
Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
We will only retain personal information as long as necessary for the fulfillment of those purposes.
We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. We will regularly improve the security of personal information that you may provide to us through our website or via other means, but please note that there is no method of transmitting or storing data that is 100% secure.
We will make readily available to customers information about our policies and practices relating to the management of personal information.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
4. Customer and Technical Support
SuccessSignage will provide basic customer and technical support to Customer's administrator. SuccessSignage’s support obligation will be limited to e-mail, online chat or telephone support to Customer's administrator and/or End Users located in the U.S. and Canada during SuccessSignage's normal support hours of 9:00 a.m. to 5:00 p.m. Eastern Time, Monday through Friday (excluding all U.S. and Canadian holidays). All support will be provided in English. Customer support and technical support will address issues related to use of the Software, APP and website (i.e., registration, navigation, configuration, installation and troubleshooting), but will not include issues with respect to any End Users' own Internet and network connectivity or computer hardware and connectivity issues. SuccessSignage may conduct maintenance of the SuccessSignage hosted Software servers. During the scheduled maintenance time, the Services will not be available for use by Customer or its End Users.
5. Return and exchange policy
SuccessSignage offers NO return for any hardware purchases, and no refund to any fees including but not limited to hardware purchases and subscription fees. All sales are final.
SuccessSignage offers 1 month of hardware exchange only for hardware that comes with manufacture defects and agreed to be exchanged by SuccessSignage. Customers are responsible for all the non-hardware related cost, including but not limited to shipping and handling and tax. Customers can only ship the hardware back when authorized to do so by SuccessSignage. SuccessSignage reserves the rights to change the policy and reject the exchange request for any reason.