SCREAM! Terms of Use

  1. 1. INTRODUCTION:

    Hello and welcome to Scream!, an online Social Place where registered users can express what they feel.

    Our mission is to provide a platform where our registered users can express their emotions, and our products, services and features are designed to promote this mission. For the purpose of these Terms of Use, Registered user/User and wherever the context so require, ‘You’ shall mean any person who has agreed to become a User of Scream! and/or accessing its contents, and using the Services offered on or through www.screamsw.com . ‘Us’, ‘We’, ‘Our’, and ‘Scream!’ shall mean www.screamsw.com and includes its associates and affiliates. You agree that this agreement is the only agreement between you and us, and that this agreement supersedes all previous agreements between you and us. Any time you use our services, you shall be legally bound by this agreement, you will be agreeing to our terms and our Privacy Policy.

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  2. 2. YOUR AGREEMENT WITH US:

    You agree that by clicking “Sign Up”, “Join Scream!”, “Create World!” or similar, registering, accessing or using our services, you are entering into a legally binding agreement. By description, our services include but are not limited to our communication tools, administrative messages, personalized content and any other item deemed necessary to enhance our service provision to you e.g. advertisements. If you are not in agreement with our terms as stated in this agreement, do not click “sign up” (or similar joining methods) and do not access or otherwise use any of our services. You agree that you shall be responsible for all costs associated with using our services, including hardware and software costs as well as any third party fees.

    For the purposes of this agreement, you shall be regarded as a user of www.screamsw.com by visiting our website for any reason including sign up.

  3. 3. AMENDMENTS:

    We reserve the right, at our sole discretion to change, modify, and add/remove portions of these Terms of Use, at any time without prior written notice to you. It is your responsibility to review this Terms of Use periodically for changes and/or updates. Your continued use of our Services following the posting of changes will mean that you accept and agree to the revisions.

  4. 4. SCREAM! MEMBERSHIP:

    You agree that you are eligible to form a legally binding agreement and you are at least thirteen (16) years of age. If you are below the age of 16, you shall not register as a User of Screamsw.com, and you shall not use and/or access or otherwise use any of our Services. Where the law has prescribed any other age for users of our services, then you shall not use our services unless you are of that prescribed age. You also agree that you are not barred from using our services, either by us or the law. When you use our services, you agree that (a) your registration data (required when creating an account) is true, accurate and updated (b) you will have one Scream! World (c) you will choose a reasonably strong password and keep it confidential (d) you will not share your account or transfer it to anyone. You also agree to follow the law and any rules set out in these Terms of Use. You are responsible for anything that happens through your account unless you close it or notify Scream! of an unauthorized access to it and we notify you of receiving your notification.

    You agree that some of the information you provide on your World shall be public, and will be seen by other users as per our Privacy Policy.

  5. 5. COMMUNICATION BETWEEN YOU AND US:

    You agree that Scream! may send you notifications or messages through various ways including but not limited to: the email you provide to us during sign up, your phone number, mail and telephone. You also agree that we may send you messages through our mobile applications. When you communicate to us to make a suggestion or give a feedback on our services, you agree that Scream! may use and/or disclose your suggestions or feedback but we are under no obligation to do so. You also agree that your suggestion may be used without any compensation to you, and shall become a property of Scream! without any compensation to you.

  6. 6. CONTENT SHARING:

    Scream! provides various way for users to communicate to the world e.g. Screams, says, whispers .etc to other worlds. Various messages and information available through Scream! as well as advertisements shall be regarded as content. The person from whom the content originates from is responsible for that content and not Scream!. As such, you agree that Scream! is not responsible for the quality or accuracy of the content transmitted or made available through Scream! services by our users. Scream! is not responsible for the losses or damages that may accrue to you due to content transmitted through our services. You agree that, unless we have put settings to control who can see the content you upload, others can see, copy and use that information. You agree that Scream! is under no obligation to display the content you upload, and we may remove the content or part(s) of it without notifying you. You agree that you own all content submitted to us or through Scream! services. You agree that you have the right to share that content and you grant us the following license: worldwide, transferable, royalty-free, non-exclusive and sub licensable right to use, distribute, reproduce, copy, modify, adapt, publish and publicly display such content. After deleting such content, the license shall cease to exist, except (a) to the extent you shared it with others and they copied or stored it and (b) for the reasonable time it takes to remove from our systems. Throughout your use of Scream!, you agree that you will not upload or transmit any content that:

    • You do not have the right to disclose or you are prohibited from disclosing either by the law or under a contract.
    • Is unlawful, violates another person’s rights, harmful, hateful, harassing, libelous, threatening, defamatory, tortious, obscene, vulgar, pornographic, pedophilic, blasphemous, racially of ethnically objectionable or is offensive to the online community
    • Involves transmission of any unsolicited or advertising that Scream! has not authorized, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes,"
    • That contains software viruses, files, programs or other harmful code
    • Involves manipulation of identifiers or forging of headers so as to disguise the origin of such content
    • Removes or obscures an advertisement made available through the services
    • Impersonates you or another person as a person affiliated with Scream! or gives a false representation of you or another person
    • Overrides any security feature of any of our services
    • Interferes with the normal operation of our services or disrupts the normal functioning of Scream! services, our software and servers
    • Violate any intellectual property rights including patents, trademarks, trade secrets, copyrights or other proprietary rights.

    You understand and agree that Scream! is not a storage services, and as such, Scream! is not responsible and is under no obligation to store the content the users post. You agree that Scream! shall not be responsible for any damages arising from the failure to provide you or any third party with a copy of information or content that was posted or transmitted through our services.

  7. 7. SERVICE PROVISION:

    We will do our best to ensure our users receive quality and reliable services at all times. However, Scream! reserves the right to change, suspend or discontinue any of our services, or a part of our services, at any time with or without notice. You agree that Scream! shall not be liable for any change, suspension or discontinuation of any of our services. Scream! also reserves the right to limit the way you use our services. Limitation may include but is not limited to denial to access a part or all of our services. You agree that we reserve the right to limit how you can interact with other users and the number of posts that can be made within a given time frame. You agree that we may deny you access to any of our services and/or terminate your account if we have reasonable grounds to believe that (a) you have breached this Terms of Use (b) you have violated the law (c) your account has been inactive for a long period of time(d)there occurs technical issues within our systems. You agree that Scream! shall not be liable to you or any third party due to limitation of services or the termination of your account.

    You agree that you will not use the services to operate a pyramid scheme or similar practices, to try to access other users’ Worlds, monitor how available the service is or copy or use other users’ data unless you are allowed to. You also agree that you will not engage in the creation of derivative works of Scream! or any activity aimed at deciphering the source code of Scream! services and also not engage in the creation of simulations of Scream!.

    You agree not to commercialize Scream! features or services.

  8. 8. THIRD PARTY’S CONTENT:

    From time to time, you will encounter third party content on our website. Scream! is not liable for third party content posted or transmitted through our website, and you use this content out of your own free will and at your own risk. You agree that you may encounter objectionable content in the sense that it may be misleading, inaccurate, obscene or illegal, and that Scream! is not responsible for this content or any loses or damages that may arise when you rely on such objectionable content.

  9. 9. SCREAM! INTELLECTUAL PROPERTY:

    You agree not to use the intellectual property of Scream! unless we give you the authority to do so. By description, the intellectual property of Scream! includes but is not limited to the name Scream!, S! logos and other graphics we may use in connection to our services. You agree that these are trademarks of Scream!.

  10. 10. INTELLECTUAL PROPERTY OF OTHERS:

    Scream! respects the intellectual property of others and requires users to upload such content as does not violate any intellectual property rights including patents, trademarks, trade secrets and copyrights. Where necessary, Scream! may remove content or parts of it, if such content violates the intellectual property of others.

    Scream! is, however, NOT responsible for content posted by Users. Evidence proving the existence of a violation of intellectual property rights as well as a complaint about content that violates the rights should be forwarded to our email or our address as provides later in these Terms of Use.

  11. 11. DISCLAIMER:

    SCREAM! (AND THOSE THAT SCREAM! WORKS WITH TO PROVIDE THE SERVICES) DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. SCREAM! DISCLAIM ANY WARRANTY, WHETHER EXPRESS OR IMPLIED, THAT THE SERVICES WILL BE FREE FROM ERROR, FUNCTION WITHOUT INTERUPTION OR MEET YOUR EXPECTIONS. YOU UNDERSTAND AND AGREE THAT SCREAM! PROVIDES THE SERVICES “AS IS” AND “AS AVAILABLE”. FURTHER, YOU AGREE THAT YOU USE THE SERVICES AT YOUR RISK AND YOU WAIVE ALL CAUSES OF ACTION AGAINST SCREAM! (AND THOSE THAT SCREAM! WORKS WITH TO PROVIDE THE SERVICES) ARISING FROM ANY DAMAGE TO YOU DUE TO THE USE OF OUR SERVICES.

  12. 12. LIMITATION OF LIABILITY:

    SCREAM! (AND THOSE THAT SCREAM! WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL,OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OPPORTUNITIES ,PROFITS, GOODWILL AND DATA, ARISING FROM THE USE OF THE SERVICES. (EVEN IF SCREAM! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THE LIABILITY OF SCREAM! (AND THOSE THAT SCREAM! WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT EXCEED $20 UNDER ANY CIRCUMSTANCE. YOU EXPREESLY AGREE THAT THIS LIMTATION SHALL APPLY TO ALL CLAIMS EVEN IF THIS REMEDY FAILS ITS ESSENTIAL PURPOSE.

    THESE LIMITS MAY NOT APPLY TO YOU AS SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY.

  13. 13. Terms of Use TERMINATION:

    Scream! can end this Terms of Use at any time. Termination of this Terms of Use means you can no longer access your account and use any of our services. Termination of your account may involve removal of some information you provide to us during registration and world set-up from our systems. However, Scream! may keep the information for sometime incase you need to re-activate your account.You agree that your information, including the content you upload during your use of our services will remain in our systems for the reasonable time it takes to clear such content and information from systems after termination. You also agree that after you terminate these Terms of Use, to the extent your content was copied, other users can further use the content you posted using our services; our disclaimer and limitation of liability shall survive the termination; the general terms and our dispute resolution (as explained later in this Terms of Use) shall survive the termination.

  14. 14. DISPUTE RESOLUTION:

    If any dispute arises between you and us during your use of Scream! or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Terms of Use, or the documents they incorporates by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Scream!. The place of arbitration shall be Nairobi, the Arbitration &. Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.

  15. 15. GENERAL TERMS:

    In the event that we end up in a legal dispute with you and a court finds a provision of this agreement unenforceable, both you and Scream! agree that the court should make the provision enforceable while giving effect to the intent of the parties. If such a provision remains unenforceable, both you and Scream! agree that the provision be removed without affecting the validity and enforceability of the rest of these Terms of Use.

    To the extent allowed by law, the English version of this Agreement is binding and other translations are only for convenience purposes.

    If Scream! does not enforce a provision or right of this agreement, this shall not amount to a waiver of the right or the provision. You agree that you may not transfer your account or thiese Terms of Use or any right we may have granted you to use any of our services to anyone without our consent. However, you agree that Scream! may assign these Terms of Use to its affiliates or a party that buys it without your consent.

    You agree that there are no third party beneficiaries to this Agreement.

    You also agree that any cause of action against Scream! arising from the use of our services shall be filed within a year after such cause of action arose. If this period lapses, the cause of action against Scream! cannot be sustained under no circumstances.

    If there arises a need to provide us with a legal notice, you agree that the only way to send us the notices is through our email and not our mail.

  16. 16. OUR CONTACTS:

    Please contact us by email at:

    1. info@screamsw.com
    2. screaminc.info@gmail.com

    Or by mail at:

    602-20100,
    Nakuru,
    Kenya.

    Or by phone at: +254 718 569 146