The following terms and conditions (User Agreement), apply to the Website, Application and Services. Procurement of, use of, or access to the Website and/or Application and/or Services is subject to your, and the enterprise or organisation you represent (together, User), compliance with this User Agreement.

 

  1. Definitions and interpretation.
    In this User Agreement the following terms and conditions have the following meanings (definitions and use of definitions are case-insensitive):

    “Application”
    app.screenshooter.qa
    “Business hours”
    hours between 09h00 and 17h00 on a day when banks in Barcelona, Spain are open for business, other than a Saturday.
    “Content”
    ScreenShots, texts, files, images, graphics, icons, logos, photographs, videos, sounds, music, works of authorship, any other materials.
    “Cloud Storage Account”
    any account that You authorise ScreenShooter to connect to for the storage of ScreenShots or any other “Content”
    “Crawl”
    the Application contains a web crawler (link to Wikipedia)
    “Domain Owner”
    the person or entity named as the domain owner on the internet domain registration
    “Feedback”
    user comments, suggestions, ideas, improvements or other feedback
    “Ours”, “Our”
    pertaining to Us
    “Prohibited content”
    Content that is: defamatory, offensive, discriminatory, infringes any rights and/or is obtained by Unauthorised Usage and/or is illegal.
    “Profitable Web Projects”, “PWP”, “ScreenShooter”, “we” or “us”
    Profitable Web Projects SL Passeig de Sant Joan 25, 3-1, 08010 Barcelona, SPAIN ES-B64798101
    “ScreenShooter”
    this Website and/or the Application and/or any Services
    “ScreenShooter Content”
    everything on and in the Website, Application and  Services including without limitation: the software, algorithms, documentation, user interface design, Content including interactive Content, trade marks, service marks, patents, trade secrets and Confidential Information.
    “ScreenShots”
    images of web pages captured using ScreenShooter
    “Services”
    any features, services, ScreenShooter Content or applications offered from time to time by us including without limitation in connection with the Website and/or the Application
    “Sub-Users”
    Users to whom the User grants access to ScreenShooter to within their enterprise account in the Application
    “Target URL”
    a URL which a User instructs ScreenShooter to interact with, including without limitation to Crawl or to capture ScreenShots
    “Unauthorised Target URL”
    any Target URL against which the User does not have appropriate permission from the Domain Owner or his/her duly authorised delegates to use ScreenShooter
    “Unauthorised Usage”
    directing ScreenShooter to perform any action including without limitation to capture ScreenShots or to Crawl an Unauthorised Target URL
    “Usage”
    use and/or procurement and/or access
    “User”
    jointly and severally, a person, entity or person representing an enterprise or other organisation who makes Usage of ScreenShooter by any means including by sub-users
    “User Agreement”
    these terms and conditions
    “User comments”
    any comments made by a User
    “Website”
    www.screenshooter.qa (this website)
    “You”
    the User or anyone acting on the User’s behalf
    “Your”
    pertaining to You
  2. User Agreement
      1. The terms of this User Agreement apply to all Users and their Usage of ScreenShooter (regardless of whether the Usage is intended).
      2. You acknowledge that you will indemnify us for any breach of these terms and conditions.
      3. We reserve the right to investigate and take appropriate action against any User who, in our opinion, is in breach of this User Agreement, and in particular, provides Prohibited Content or directs ScreenShooter to be used against any Unauthorised Target URL and/or provides false or misleading information and/or in our reasonable opinion abuses ScreenShooter. Such action includes, but is not limited to, reporting the Prohibited Content, Abuse or Unauthorised Usage and your details to the appropriate law enforcement agencies, removing the Prohibited Content and/or any Content that we consider, in our absolute discretion, may be Prohibited Content from ScreenShooter and/or Cloud Storage Accounts, terminating your registration and/or terminating access to ScreenShooter.
      4. Please read this User Agreement carefully before starting to use ScreenShooter. By using ScreenShooter you indicate that you accept this User Agreement and agree to abide by it. If you do not accept the terms of this User Agreement, please refrain from using the Website, Application and Services.
    2. Some of the Services may require you to download software or Content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate, those additional terms are hereby incorporated into this User Agreement. In the event of a conflict between the terms of this user agreeement and the additional terms relating to a service, those terms being more specific shall prevail in so far as they apply to that service.
    3. Profitable Web Projects’ general terms and conditions as defined in our service agreement are hereby incorporated into this User Agreement including our Acceptable Use Policy and Privacy Policy, if there were to be a conflict between this ScreenShooter User Agreement and any of the Profitable Web Projects’ general terms and conditions, this ScreenShooter User Agreement, being more specific, would prevail regarding ScreenShooter
    4. This agreement includes all policies posted anywhere on ScreenShooter, you must comply with any and all such policies.
    5. We may modify this Agreement from time to time and such modification will be effective as soon as we have posted it on the Website. You agree to be bound by any changes to this Agreement upon your next Usage of ScreenShooter after any such modification is posted. Some of these provisions may also be superseded by provisions or notices published elsewhere on the Website. It is your responsibility to review the Agreement regularly to ensure that you are aware of the latest terms and conditions.
  3. Registration
    In order to access the Application, you will have to register by providing accurate and complete information about yourself and your company (if applicable). You are solely responsible for your profile and any activity on it, and must keep your password secure. As soon as you become aware of any unauthorised use of your user account or password, you must notify us via the live chat immediately. We will not be liable for any losses caused by any unauthorised use of your profile. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this Agreement.
  4. Access to ScreenShooter
    1. When access to ScreenShooter is permitted on a free trial basis, such access shall be understood as temporary meaning we reserve the right to withdraw or amend the Services we provide without notice. If the need arises, we may restrict or suspend access to ScreenShooter indefinitely.
    2. When access is permitted in respect of an Order, you may access and use (on a software-as-a-service basis) the ScreenShooter Application during the period to which the order pertains, in accordance with these terms and conditions and any end user documentation provided or made available by us. In addition, other use limitations may apply such as limited usage minutes, number of concurrent jobs etc..
    3. You are responsible for making all arrangements necessary for you to have access to ScreenShooter. You are also jointly and severally responsible for ensuring that all persons who access the Website through your internet connection and especially any sub-users on your account are aware of these terms and conditions, and that they comply with them. You must let us know immediately if you or any sub-user violates this Agreement.
  5. Privacy and your data
    1. We process information about you, submitted by you or generated by your Usage of ScreenShooter in accordance with our Privacy Policy. By using ScreenShooter, you consent to such processing by us and our partners and suppliers within the European Union and United States of America provided such processing is lawful and subject to data processing agreements which guarantee your rights as set-out in our privacy policy. You warrant that all data provided by You is accurate. You must ensure that all data supplied to us is non-sensitive, testing (dummy) data. You must not, for example, supply to ScreenShooter any personally identifiable data such as your customers’ email addresses, social security numbers or financial account information etc.. You are responsible for ensuring that your use of ScreenShooter is compliant with Your own privacy policies and all applicable laws and regulations, including without limitation, those related to data privacy, international communications, and the exportation of technical or personal data. You represent and warrants that you have sufficient rights to all data to grant the rights above to us and that your data does not infringe or violate the rights of any third party.
    2. You retain all right, title and interest (including all intellectual property rights) in and to your data provided to ScreenShooter. You grant to us and our providers and partners, a non-exclusive, worldwide, royalty-free right to use, copy, store, transmit, modify, create derivative works of and display your data to the extent reasonably necessary to provide the Services to You.
    3. We will not intentionally delete your data except 30 days or more after termination of a service contract or free trial, we have a backup regime in place.
  6. User comments
    1. We may invite you to provide User Comments.
    2. You must ensure that your User Comments do not contain Prohibited Content.
    3. Any User Comments you submit will be considered non-confidential and non-proprietary
    4. We are not responsible, or liable to you, for the content or accuracy of any materials posted by You or any other User.
  7. Intellectual Property Rights
    1. Our ScreenShooter content is owned or licensed by Us. It is protected by copyright laws and treaties around the world. All such rights are reserved.
    2. Any intellectual property developed by us in conjunction with this agreement will also be owned exclusively by Us.
    3. You will not reverse engineer, decompile, disaseemble or otherwise seek to obtain the source code to any of ScreenShooter
    4. In the event that You supply us with any Feedback, you hereby grant Us a non-exclusive, perpetual, irrevocable, sub-licensable, transferable, royalty-free, fully paid-up, worldwide right and licence to use, disclose, copy, reproduce, modify, create derivative works of, display, perform, sell, offer for sale, distribute and otherwise exploit such Feedback for any purpose.
  8. Term and Termination
    1. This Agreement is in full force from your first usage of ScreenShooter until You cancel according to clause 4.2 of PWP’s general terms and conditions or we cancel according to clause 10 of PWP’s general terms and conditions. Even if the agreement is cancelled, the terms and conditions continue to apply in respect of the period of Your Usage of ScreenShooter
    2. The Intellectual Property rights clause and indemnification clause in respect thereof shall persist indefinitely as shall all outstanding payment obligations.
    3. Upon termination, you shall cease all use of and access to ScreenShooter Services and Application and each party will return to the other party (or destroy) such other party´s Confidential Information which is in their posession.
    4. Termination of this Agreement is not an exclusive remedy and the exercise of either party of any remedy under this Agreement will be without prejudice to any other remedies it may have under this Agreement, by law, or otherwise.
  9. Viruses, hacking and other offences
    You must not misuse ScreenShooter by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to ScreenShooter, or any server, computer or database connected to ScreenShooter. You must not attack ScreenShooter via any form of denial of service attack. You must not attack ScreenShooter by any other means recognised as an attack vector.
  10. Acknowledgements and Warranties
    You acknowledge and warrant that:

    1. Usage of ScreenShooter will be at your sole risk;
    2. User Comments are not necessarily reviewed by us prior to posting and do not necessarily reflect our opinions or policies. We make no warranties, express or implied, as to the User Comments or to their accuracy or reliability.

    Both parties warrant that:

    1. It is in good legal standing according to the laws of the state in which it is resident
    2. It has the power, authority, sanity and appropriate experience and knowledge to bind itself and the organisation it represents to execute, deliver and perform its obligations under this Agreement
    3. Its performance will comply with all applicable law and regulations

    We warrant that:

    1. We will use commercially reasonable efforts to ensure that the Services will be available and in conformity with the documentation 24/7. Our sole liability (any your exclusive remedy) for any breach of this warranty shall be, at our sole discretion and at no charge to you, to use commercially reasonable efforts to provide you with an error correction or work-around that corrects the reported non-conformity, or if we determine such remedy to be impracticable, to allow you to terminate the Subscription Term and receive as your sole remedy a refund of any fees pre-paid for use of services for the unexpired remainder of the pre-paid period. This limited warranty is only applicable when you make a claim within 30 days of the date on which the condition giving rise to the claim first appeared and the cause of the error was not: misuse (other than by us), unauthorised modifications by you, hardware or software or services not provided by Us.

    Warranty Disclaimer: Except for the warranties described in this clause, ScreenShooter is provided “as is”. Neither our licensors nor our suppliers nor ourselves make any other warranties, express or implied, with respect to any subject matter of this agreement, including without limitation: implied warranties of merchantability, title, fitness for a particular purpose, non-infringement.

  11. Limitation of liability
    1. The material displayed on ScreenShooter are provided as seen without any representation or endorsement being made.
    2. To the extent permitted by law, we hereby expressly exclude:
      1. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
      2. any liability for any direct, indirect or consequential loss or damage incurred by any User in connection with ScreenShooter or Usage of ScreenShooter, interruption or cessation or inability to use ScreenShooter, or results of the Usage of ScreenShooter or any related websites, and any Content or Comments within ScreenShooter, including, without limitation any liability for: (i) loss of income or revenue; (ii) loss of business; (iii) loss of profits or contracts; (iv) loss of anticipated savings; (v) loss of data; (vi) corruption of data; (vii) loss of goodwill; (viii) wasted management or office time; (ix) unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (x) viruses, trojans, worms, logic bombs, attack vectors or other material which is malicious or technologically harmful which may be transmitted to or through ScreenShooter by any third party; (xi) errors or omissions in any Content; (xii) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
      3. In particular, we give no representation or warranties about the accuracy, completeness, or suitability for any purpose of the information published on the Website or Application.
  12. General
    1. We reserve the right to assign our benefits or subcontract all or any of our obligations under this Agreement.
    2. Neither party is liable to the other for failure to perform any obligation under this Agreement to the extent that the failure is caused by any factor beyond the reasonable control of the parties.
    3. This Agreement constitutes the entire Agreement and supersedes all other agreements or arrangements, whether written or oral, express or implied, between us. Each of the parties agrees that in entering into this Agreement it does not rely on and will have no remedy in respect of any statement, representation, warranty or understanding of any person, whether party to this Agreement or not, other than as expressly repeated in this Agreement.
    4. Neither party will be affected by any delay or failure in exercising or any partial exercising of its rights under this Agreement unless it has signed an express written waiver or release.
    5. No person who is not a party to this Agreement will have any right to enforce it pursuant to the Contracts (Rights of Third Parties) Act 1999.
    6. If any provision of this Agreement is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that will not affect or impair (i) the legality, validity or enforceability in that jurisdiction of any other provision of this Agreement or (ii) the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of this Agreement.
    7. We make no representations that the Website or Application is appropriate or available for use outside the European Union. If you access the Website from any other jurisdiction you do so out of your own volition and you are responsible for compliance with the applicable laws.
    8. Last updated: August 2018