Last Updated: 12/23/2016
Welcome to Teleskope and our Terms of Service (these “Terms”). These Terms are important and affect your legal rights, so please read them carefully.
By accessing or using mobile applications, websites or application interfaces (collectively, the “Channels”) provided by Teleskope, or any of our subsidiaries or other affiliates (collectively, “Teleskope”, LLC, “we,” “us” or “our”) that link to these Terms, you agree to be bound by these Terms and all of the terms incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Channels or order, receive or use the App or other services or products made available through the Channels.
Teleskope provides an enterprise social platform for workforce development and company culture via an application for download to users on personal devices (each a “Device”) (collectively, with any future, related products or services being, the “App”). The App is designed to give you greater access to workplace development efforts and initiatives.
Any terms not defined herein shall have the meanings provided in the agreement between us and the entity through which you have been provided access to the App.
By using the App, our Channels you indicate acceptance of these Terms.
Teleskope reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, by updating the “Last Updated” date at the beginning of these Terms. By continuing to access the Channels or use the App, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the App. If you do not agree to the revised Terms, you may not access or use the App.
You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable license to access and use the App, our Channels and the Content. However, such license is subject to these Terms and does not include any right to (a) sell, resell or use commercially the App, Channels or Content, (b) distribute, publicly perform or publicly display the App or any Content, (c) modify or otherwise make any derivative uses of the App, Channels or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the App, Channels or Content, except as expressly permitted by us, and (f) use the App, Channels or Content other than for their intended purposes. Any use of the App, Channels or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights or Content of Teleskope or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.
Notwithstanding anything to the contrary in these Terms, the App, Channels, Content and any third party Device through which you may access the App may include software components provided by Teleskope or a third party that are subject to separate license terms, in which case those license terms will govern such software components. You are solely responsible for all data and telecommunications charges incurred with your use of the App.
You acknowledge that the App is intended for use in connection with your employer’s workforce development and company culture initiatives and you agree that your use of the App will comply with all of your employer’s workplace policies and procedures, including as these relate to your use of social media.
Unless otherwise indicated in writing by us, the App, any Channels that we provide, and all content, materials contained therein, including, without limitation, any documentation provided with the App, the Teleskope name and logo and all designs, text, graphics, pictures, information, data, software, sound files, User Content (as defined below), other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of Teleskope or our licensors or users, as applicable, and are protected by U.S. and international copyright laws and international treaty provisions and constitute valuable proprietary property of Teleskope (or our affiliates) or licensors and all title and ownership rights in each of the foregoing remain exclusively with us (or our affiliates) or licensors. We reserve all rights with respect to the foregoing under all laws of all jurisdictions designated for the protection of proprietary information, including, but not limited to, trade secrets, copyrights, trademarks, service marks, and patents. You may not: (i) alter or remove any proprietary, copyright, trademark or trade secret legend, or (ii) attempt to decompile, disassemble or reverse engineer any software or other Teleskope proprietary materials. Any information derived in violation of such covenant shall automatically be deemed owned exclusively by Teleskope. Proprietary legends or restrictive notices may not be removed, and you shall not copy or modify any such materials except as specifically authorized hereunder.
The App is not targeted toward or intended for use by anyone under the age of 18. By using the App, you represent and warrant that you (a) are 18 years of age or older, (b) have legally obtained the login email and password, (c) have not been previously suspended or removed from use of the App, or engaged in any activity that could result in suspension or removal from the Channels, (d) do not have more than one Teleskope account, (e) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party, (f) have provided only registration data and User submissions that are truthful and accurate, (h) will provide your registration data and use the Teleskope App in full compliance with all applicable laws, statutes, regulations, ordinances and other rules, and (i) will not submit any material that may disrupt or interfere with the hardware or software operating the Teleskope App.
In order to access and use the App, you will need to register for an account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update from time to time as necessary your account information, (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the App, Channels or your account. You may be liable for the losses incurred by Teleskope or others due to any unauthorized use of your account.
By creating an account, you also consent to receive electronic communications from us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of limiting access to the App and our Channels by, or terminating the accounts of, users, in appropriate circumstances and in our sole discretion, who infringe the intellectual property rights of others. If you believe that anything on the App or on the Channels infringes any copyright that you own or control, you may file a notification of such infringement with our designated agent as set forth below:
712 H Street NE Suite 1126
Washinton, DC 20002
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You should also note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including, without limitation, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
“Teleskope,” the Teleskope logo and any of our other product or service names, logos or slogans that may appear on the App or Channels are trademarks of Teleskope LLC., or of its subsidiary or affiliated companies and may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, the “look and feel” of the App, meaning, the structure, sequence and layout of the audiovisual components of the App as perceived by you, including, but not limited to, the color combinations, button shapes, and all other graphical and navigational elements, the design for which was dictated by artistic and aesthetic considerations and not by utilitarian or mechanical ones, are also proprietary to Teleskope and fully protected under U.S. and international copyright and trademark laws, and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the App or Channels are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Teleskope.
Teleskope makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third party websites accessible by hyperlink from the App or Channels or of websites linking to the App or Channels. When you link to those websites, you leave the App and our Channels, if applicable. Such sites are not under our control, and we are not responsible for the contents of any linked site, any link contained in a linked site, or any review, changes or updates to such sites. When you leave the App, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate. Teleskope expressly disclaims all responsibility or liability for the availability or accuracy of such external sites or resources or the content thereon, does not endorse and is not responsible or liable for any advertising, products, materials or services available from such sites or resources and/or any claims, representations or warranties made by third parties with respect to their goods or services. Your use of any links is at your own risk.
We may display content, from third parties (including from your employer) through the App (collectively, “Third Party Content”). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and that Teleskope is not responsible or liable in any manner for such interactions or Third Party Content.
You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the App. You agree that you will abide by these Terms and, in addition, will not:
The App and/or Channels may include interactive features and areas that allow users to create, post, share or store content, including, but not limited to, reviews, photos, videos, music, sound, text, graphics, code, items or other materials (collectively, “User Content”). In the event you decide to share your User Content with others through the App or Channels or through third party platforms, you understand that this User Content will be viewable by others in accordance with the privacy settings you establish. You agree that you are solely responsible for your User Content and for your use of any interactive features and areas of the App and Channels. By uploading, posting or submitting User Content, you represent and warrant that (a) such User Content is non-confidential, (b) you own and control all of the rights to the User Content or you otherwise have all necessary rights to post such User Content, (c) you authorize Teleskope to use such User Content for the purposes described in these Terms, (d) the User Content is accurate and not misleading or harmful in any manner, and (e) the User Content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule, regulation or third party right.
By using the interactive features and areas of the App and/or Channels, you further agree not to create, post, share or store any of the following:
We are not responsible or liable for any User Content and do not warrant that User Content is accurate, complete, current or legally compliant. Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the App or Channels at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the App or Channels at your sole cost and expense.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Teleskope, and our respective past, present and future employees, officers, directors, contractors, consultants, equityholders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Teleskope Parties”), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the App, Channels or Content, (b) any User Content you create, post, share or store on or through the App or Channels, or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms (including without limitation, the use rights and restrictions contained herein), (e) your violation of the rights of another, and (f) any use or misuse of the App or Channels by any third party who accesses the App or Channels through your Device. You agree to promptly notify Teleskope of any third party Claims and cooperate with the Teleskope Parties in defending such Claims. You further agree that the Teleskope Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Teleskope.
WE DO NOT GUARANTEE THE ACCURACY OF THE APP OR ANY OTHER MATERIALS AND INFORMATION AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON.
THE APP, CHANNELS AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED EXCEPT AS EXPRESSLY PROVIDED FOR IN THESE TERMS. TELESKOPE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ANY WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM, AND ANY WARRANTIES THAT THE APP AND/OR CHANNELS WILL BE FREE AND CLEAR FROM ANY ADVERSE LIEN OR SECURITY INTERESTS.
We may change any and all Content and to modify, suspend or stop providing access to the App (or any features or functionality of the App or Channels) at any time without notice and without obligation or liability to you. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of these disclaimers may not apply to you.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TELESKOPE OR ANY OF THE OTHER TELESKOPE PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE APP, CHANNELS OR CONTENT OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM TELESKOPE), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF TELESKOPE AND THE OTHER TELESKOPE PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO (A) THE APP OR USE THEREOF OR (B) ACCESS OR USE OF THE CHANNELS OR CONTENT, EXCEED THE GREATER OF $500 OR THE AMOUNT YOU PAID TO US IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE TELESKOPE AND THE OTHER TELESKOPE PARTIES’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE TELESKOPE AND THE OTHER TELESKOPE PARTIES FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH TELESKOPE PARTY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products.
These Terms and your access to and use of the App and Channels shall be governed by and construed and enforced in accordance with the laws of the State of Maryland, without regard to conflict of law rules or principles (whether of the State of Maryland or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties shall be resolved in the state or federal courts of the State of Maryland, provided that we may seek injunctive or other equitable relief to protect our Content or other intellectual property in any court of competent jurisdiction. We each agree to waive all right to a jury trial in connection with any matters covered by these Terms.
The term of the license granted to you to access and use the App is set forth in the Order Form pursuant to which your access to the App is provided. All fees must be current in order to renew the term. Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to suspend or terminate your right to access or use the App and Channels and to order, receive and use the App, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event. In the event of termination, regardless of cause, you agree to immediately delete your account, remove the App from your Device and cease all use of the App and Channels. We may unilaterally implement security protocols to delete your account and/or disable the App. You agree that your access to the App and Channels or any account you may have or portion thereof may be terminated without prior notice, in addition to any other remedies Teleskope may have at law or in equity, and you agree that Teleskope is not liable to you or any third party for any such termination.
If we are required to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the App or by sending notice to any address that we have for you in our records.
To the fullest extent permitted under applicable law, your only remedy with respect to any dissatisfaction with (i) the App, (ii) any of these Terms (iii) any policy or practice of Teleskope in operating the App or Channels, or (iv) any content or information transmitted through the App, is to cease use of the App and remove it from your Device.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
The following sections will survive the expiration or termination of these Terms and the termination of your account: all defined terms and Sections 1, 2, 6, 7, 8-12, 14, 15, 17, this section 18 and 19.
These Terms constitute the entire agreement between you and Teleskope relating to your access to and use of the App and Channels. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Teleskope. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Teleskope’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity. We have agreed that the language of these Terms shall be English.