Terms Of Service

The Service

This is an agreement between you or the entity that you represent (hereinafter “You” or “Your”) and Monitors AnyWhere (hereinafter “We”, “Our”, or “Us”).

Monitors AnyWhere provides an internet-based platform to provide a service for digital signage management, hereinafter called the “Service”. It is comprised of a server and website at online.monitorsanywhere.com that manages displays, content and users, and its functions are available through the Monitors AnyWhere website and an application program interface (API).

Your Acceptance

Although Monitors AnyWhere may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version at http://monitorsanywhere.com/online-monitors-anywhere-terms-of-service/. Monitors AnyWhere may, in its sole discretion, modify or revise these Terms of Service and policies at any time. By continuing your use of the Service, you’re agreeing to these Terms. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

Registering

You may be required to create an account for one or more users to access the Services. You are solely responsible for the activity that occurs within your accounts, and you must keep your account passwords secure. You will be responsible for any activities that take place under your accounts, or that take place on or via any of your displays and other mediums. If you become aware of any unauthorized use of your accounts or any other breach of security, you must notify us immediately.

Although Monitors AnyWhere will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Monitors AnyWhere or others due to such unauthorized use.

If any information that you provide during registration is not accurate (or if we have reasonable grounds to believe so), then as detailed further below under “Termination,” we have the right to suspend or terminate your account and refuse to grant you further access to the Service.

You further agree that whether you register an account or not you are at least 13 years of age on the date that you used the Service.

General Use Of Service

1. You agree not to alter or modify any part of the Service.
2. You agree not to access Content through any technology or means other than those of the Service itself.
3. You agree not to use the Service for any of the following commercial uses unless you obtain Monitors AnyWhere’s prior written approval:
   • the sale of access to the Service;
   • the sale of advertising, sponsorships, or promotions placed on or within the Service or
   • content other than those explicitly facilitated by the Service;
4. Prohibited commercial uses do not include:
   • any use that Monitors AnyWhere expressly authorizes in writing.
5. If you use Monitors AnyWhere advised software, you agree to the terms of use of its creator and that it may automatically download and install updates from time to time.
6. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that sends more request messages to the Service in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Service. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
7. In your use of the Service, you will comply with all applicable laws.

Monitors AnyWhere reserves the right to discontinue any aspect of the Service at any time.

Content

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of any data, text, information, links, graphics, photos, profiles, audio and video (“Content”).

1. As a Online Monitors AnyWhere account holder you may submit Content to the Service.
2. Content such as examples and templates are provided to you AS IS. You may access and use that Content for your information and alter it to create Content for your use as permitted under these Terms of Service. Monitors AnyWhere reserve all rights not expressly granted in and to the Service and the Content.
3. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
4. You agree to only use Content you have created yourself or that Monitors AnyWhere offers. For the use of Content from third parties other than those mentioned in these Terms you will comply to the Terms f use of the providers of that content. Although Monitors AnyWhere will not be liable for your losses caused by any unauthorized use of third party content, you may be liable for the losses of Monitors AnyWhere or others due to such unauthorized use. You agree not to use or show Content of other Monitors AnyWhere users without their explicit written consent.
5. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Monitors AnyWhere is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Monitors AnyWhere with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless. Monitors AnyWhere, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
6. You are solely responsible for any “Content” that you publish on your displays via the Service.
7. You understand that Monitors AnyWhere uses password protected accounts to protect confidentiality however Monitors AnyWhere does not guarantee confidentiality with respect to Content send from our Service to displays (“playing” your channels). You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Monitors AnyWhere all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
8. For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Monitors AnyWhere, you hereby grant Monitors AnyWhere a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Monitors AnyWhere’s (and its successors’ and affiliates’) business, including without limitation for redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. The above licenses granted by you in Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your Content from the Service. You understand and agree, however, that Monitors AnyWhere may retain, but not display, distribute, or perform, server copies of your Content that has been removed or deleted.
9. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Monitors AnyWhere all of the license rights granted herein.
10. We don’t own any of the Content that you upload or link to from the Service and as a result that you publish. We may preserve and store Content, and may also disclose Content if required to do so by law or if we believe in good faith that such preservation or disclosure is reasonably necessary to: (a) comply with legal process (e.g., subpoenas); (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of us, our users and the public.
11. The Service may contain third party advertisements or materials, and/or links to third party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies or practices of any third party websites. In addition, we do not and cannot censor or edit the content of any third party website. When you leave our Service, we encourage you to read the terms and conditions and privacy policies of the other websites. By using our Service, you expressly release us from any and all liability arising from your use of any third-party website or as a result of any third party presence on our Service.

Monitors AnyWhere does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Monitors AnyWhere expressly disclaims any and all liability in connection with Content. Monitors AnyWhere does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Monitors AnyWhere will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. Monitors AnyWhere reserves the right to remove Content without prior notice.

Privacy

You understand and agree that as part of the Service, you may receive certain communications from us, such as account creation confirmations, service announcements, administrative messages and any of the opt-in newsletters. You will be able to opt out of most of these communications, but not others (such as those concerning your account, displays, users and other administrative or monitoring matters). Monitors AnyWhere promises to never rent or sell your personal information, and you will never receive email from a third party as a result of your relationship with us unless we explicitly ask and you explicitly opt in to do so.

1. If, under appropriate circumstances, the user is determined to be a repeat infringer.
2. If we decide that Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Monitors AnyWhere may at any time, without prior notice and in its sole discretion, remove such Content.

Proprietary Rights

Disclaimer of Warranties

Limitation Of Liability

Indemnification

Miscellaneous But Important Terms

You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. If we fail to exercise or enforce any right or provision of the Terms of Service it will not constitute a waiver of such right or provision. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and such provision shall not affect the enforceability of such provision under other circumstances, or the remaining provisions hereof under all circumstances. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Dispute Resolution

1. You agree to review our learning center and in particular our FAQ to see if your question has been previously answered.
2. If that doesn’t work, you agree to contact us at [email protected] outlining your problem.
3. If that doesn’t work, you agree to send us a letter, by registered mail, to Industrial Area, Kiryat Anavim, 9085000, Israel.
4. If, after two weeks, you haven’t found a satisfactory resolution, you agree to submit to binding arbitration, to be conducted by a mutually agreed to Arbitrator, in Israel, at your expense. If you win, we will pay the arbitration expenses and your reasonable attorney’s fees. If we win, you agree to do the same for us.
5. By accepting these terms, you waive your right to go to court and you explicitly waive your right to participate in a class action lawsuit.

Copyright And Trademark Notices

Version history

• September 15th 2023: Changes in the ‘Service Modifications’ section, added ‘Customer Support’ and ‘Refund Policy’ sections.
• May 10th 2018: Initial version – Compliance with GDPR.

If you have any questions do not hesitate to contact us.