Terms of Use

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The following Terms of Use (“TOU”) apply to all users’ use of The Periscope Group, (“Periscope”) assets on website (app.periscope365.com) and any other associated services developed by The Periscope Group. Periscope reserves the right to update the TOU at any time without notice to the Company. The most current version of the TOU can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of our Web pages.

 

Description of Service

Through the Periscope website, and associated services, Periscope provides access to a variety of resources including request processing, training, interactive tutorials, documentation, videos, tools, download areas, communication forums and service information (collectively the “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.

 

Periscope and Use Limitation

Unless otherwise specified, the Services are for solely Company’s use while working with The Periscope Group. Company users may not modify, copy, reverse engineer, distribute, transmit, publicly display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, content, products or services obtained from the Services without prior written consent from Periscope.

 

Notice Specific to Software Available on this Website

Any software or application made available for download from the Services or accessible via the internet (“Software”) is the copyrighted work of Periscope and/or its suppliers. Content and member information is owned by Periscope clients and cannot be accessed or utilized without the Client’s express written consent. Company users will be unable to utilize any Software or Service that is accompanied by or includes a Terms of Use Agreement (TOU), unless Company first agrees to the terms. Any reproduction or redistribution of the Software or Service not in accordance with the Agreement is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

 

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.

 

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, PERISCOPE CORPORATION HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE,

TITLE AND NON-INFRINGEMENT. FOR YOUR CONVENIENCE, PERISCOPE MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. PERISCOPE DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN PERISCOPE SOFTWARE PRODUCTS.

 

Notice Specific to Documents Available on this Website

Certain documentation may be subject to explicit terms separate from the terms contained here. To the extent the terms conflict, the explicit license terms control. Permission to use Documents (such as white papers, training, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for commercial use while working with The Periscope Group and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made unless approved in writing.

 

Documents specified above do not include the design or layout of the Periscope365.com website or any other Periscope owned, operated, licensed or controlled site. Elements of Periscope websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Periscope website may be copied or retransmitted unless expressly permitted by Periscope.

 

Disclaimer and Limitation of Liability for the Services

PERISCOPE AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE SERVICES OR THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SERVICES, DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. PERISCOPE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICES, INFORMATION AND RELATED GRAPHICS, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL PERISCOPE AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, INCLUDING THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.

PERISCOPE AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

IN NO EVENT SHALL PERISCOPE AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES, SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.

 

Periscope Account, Password, and Security

Each Company user will need a Periscope account to access the Services.

 

Periscope Account.

A Periscope account provides access to products, websites and services provided by Periscope. This account lets Company users sign into the Periscope “P365” platform and use the associated services, learning resources, commenting, editing content and scheduling. Company users agree not to use any false, inaccurate, or misleading information when accessing account. Company users agree not to perform any testing with external tools including load testing. Each Company user is entirely responsible for maintaining the confidentiality of passwords and accounts. Company users are entirely responsible for all activities that occur under their respective accounts. Company users agree to notify Periscope immediately of any unauthorized use of any accounts or any other breach of security. Periscope will not be liable for any loss that may incur because of someone else using Company passwords or accounts, either with or without Company users’ knowledge. However, Company users could be held liable for losses incurred by Periscope or another party due to someone else using Company accounts or passwords. Each Company user may not use any other user’s account at any time.

 

No Unlawful or Prohibited Use

As a condition of Company use of the Services, Company users will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. Company users may not use the Services in any manner that could damage, disable, overburden, or impair any Periscope server, or the network(s) connected to any Periscope server, or interfere with any other party’s use and enjoyment of any Services. Company users may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Periscope server or to any of the Services, through hacking, password mining or any other means. Company users may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

 

Use of Services

The Services may contain e-mail services, chat areas, web pages, calendars, file cabinets and/or other message or communication facilities designed to enable communication with others. Company users agree to use the Services only to post, make requests, send and receive messages and material that are proper and, when

applicable, related to the Service. By way of example, and not as a limitation, Company users agree that when using the Services, you will not:

-Use the Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).

-Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

-Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent, or unlawful topic, name, material, or information.

-Upload, or otherwise make available, files that contain images, photographs, software, or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright, or trademark laws (or by rights of privacy or publicity) unless Company users own or control the rights thereto or have received all necessary consent to do the same.

-Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.

-Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.

-Advertise or offer to sell or buy any goods or services for any business purpose unless the Services specifically allows such messages.

-Download any file posted by another user of a Service that Company users know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.

-Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

-Restrict or inhibit any other user from using and enjoying the Services.

-Violate any code of conduct or other guidelines which may be applicable for any Service.

-Harvest or otherwise collect information about others, including e-mail addresses.

-Violate any applicable laws or regulations including HIPAA, state, and federal privacy laws.

-Create a false identity for the purpose of misleading others.

-Use, download or otherwise copy, or provide (whether for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

Periscope has an obligation to monitor the Services. Periscope reserves the right to review materials posted to the Services and to remove and or edit any materials in its sole discretion. Periscope reserves the right to terminate Company users’ access to any or all the Services at any time, without notice, for any reason whatsoever.

 

Periscope always reserves the right to disclose any information as Periscope deems necessary to satisfy any applicable law, regulation, legal process, or governmental

request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Periscope’s sole discretion.

 

Periscope specifically disclaims any liability about the Services and any actions resulting from your participation in any Services.

 

Materials uploaded to the Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

 

 

Periscope, 548 Market Street, San Francisco, CA 94104 • compliance@periscope365.com