Interlude Terms of service

Summary

Interlude by Linc Marvel Limited ("Linc Marvel Limited," "We") owns and operates the Interlude web service, a Software as a Service (SaaS) platform, designed to enable the User ("Customer," "You") to efficiently manage a fleet of information screens and its content.

We are delighted to have you as a customer. However, we insist that you exercise responsibility in what you publish. In particular, please ensure that you have obtained all necessary consents and permissions, and that none of the prohibited content listed below is displayed or linked from your account.

If you discover content that you believe violates our Terms of Service, we request that you promptly notify us by sending an email to support@lincmarvel.com

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Terms of Service

The following terms and conditions govern all use of Interlude by Linc Marvel, as well as all content, appurtenant products, and services available at or through the website (the "Service").

The Service is owned and operated by Linc Marvel. The Service is offered subject to your approval and acceptance, without reservations, of all the terms and conditions, as well as all other operating rules, laws, policies (including, without limitation, Interlude by Linc Marvel's Privacy Statement) and procedures that may be published from time to time on this website (collectively, the "Agreement").

Please read the Agreement carefully before using the Service. By using any part of the Service, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Service. These terms and conditions shall be considered an offer by Interlude, and acceptance is expressly limited to these terms. The Service is available only to individuals who are at least 13 years old, and by accepting the Agreement, you vouch for being 13 years or older.

Your Interlude Account

You are responsible for maintaining the security of all the Content on your account. You are fully responsible for all activities that occur on your account. Interlude will not be liable for any acts or omissions on your part, including, but not limited to, any damages of any kind incurred as a result of such acts or omissions.

Responsibility of contributors and users

If you operate an account, publish on the screens, or otherwise make, or allow a third party to make, material available by means of the Service (any such material, “Content”), you are entirely responsible for the Content of, and any damages and financial loss resulting from the Content, including, but not limited to, obtaining all necessary consents and permissions to process, publish and store the Content. This applies regardless of whether the Content in question is in the form of text, graphics, video, an audio file, or other content.

By making Content available, you warrant that:

• Downloading, copying and using the Content will not infringe on any third parties’ intellectual property rights, including but not limited to, copyright, patent, trademark and/or trade secrets.
• If your employer holds rights to the Content you use, you have either (i) received permission from your employer to post or make the Content available, including, but not limited to, any software, or (ii) secured from your employer a waiver pertaining to all rights in or to the Content.
• You have complied with any third-party licenses relating to the Content, and have done all things necessary to successfully convey any required terms to end users.
• The Content does not contain or install any viruses or other harmful and/or destructive Content.
• The Content is neither spam, nor machine- or randomly generated, and does not contain unethical or unwanted commercial Content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing).
• The Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or rights of any third party.
• Your Interlude account is not advertised via unwanted electronic messages such as spam, links on news groups, e-mail lists, blogs and websites, and similar unsolicited promotional methods.
• The Content is not such that misleads your viewers into thinking that you are another person or company. For example, your account’s, screens’ and user’s URL or name is not the name of a person other than yourself or a company other than your own.
• In cases where Content includes computer code, you will upon Interlude's request provide Interlude with accurate categorizations and descriptions of the type, nature, uses and effects of such Content.

By submitting Content to Interlude for inclusion on your account, you grant Interlude a license to reproduce, modify, adapt, and publish Content in accordance with this Agreement solely for the purpose of displaying and distributing it on Interlude.

Without limiting any of the above representations or warranties, Interlude has the right (though not the obligation) to, at Interlude's sole discretion, (i) refuse or remove any Content that, in Interlude's reasonable opinion, violates any of Interlude's policies or is in any way harmful or objectionable, or (ii) terminate or deny access to, and use of, the Service to any individual or entity for the same reasons. Interlude will have no obligation to refund any amounts previously paid to Interlude and disclaims all liabilities for loss incurred in such cases.

In the event that the Content should include personal data in accordance with the Office of the Data Protection Commissioner (ODPC) and laws of Kenya, Interlude will process such personal data in accordance with these regulations. All processing of personal data included in the Content is subject to the Data Processing Agreement, the ODPC regulations, and Kenyan data protection laws.

Payment and renewal

General terms

You agree to pay Interlude by Linc Marvel Limited the monthly, quarterly, or annual fees indicated for the Service. Payments will be charged in advance on the day you sign up and will cover the use of this Service for a monthly, quarterly, or annual subscription period, as indicated. Fees are non-refundable.

Automatic renewal

Unless you notify Interlude before the expiry of the current invoice period that you wish to cancel your subscription, it will be automatically renewed. You then authorize us to collect the applicable annual, quarterly, or monthly subscription fee (as well as any taxes) using any credit card or other payment method we have on record for you. In cases where the customer over time uses more than the subscription for which they pay, Interlude is free to make upgrades of the account while informing the customer of this.

In cases where the customer over time uses more than the subscription for which they pay, INterlude is free to make upgrades of the account while informing the customer of this.

Cancellation and termination

Cancelling your Interlude account requires you to send an email to support@interlude.lincmarvel.com. It is also required to return any hardware that is the property of Interlude, such as players and splitters.

Responsibility for visitors and users

Interlude has not reviewed, and cannot review, the material, including computer software, posted on all Interlude accounts, and therefore cannot be responsible for the material's Content, use, or effects. You accept that by operating the Service, Interlude has not controlled and does not endorse the posted material, nor believes such material to be accurate, useful, or harmless.

You are responsible for taking the necessary precautions to protect yourself and your computer systems from viruses and other harmful or destructive Content. The Interlude account may, without the knowledge of Interlude by Linc Marvel Limited, contain Content that is in some way offensive or indecent, as well as Content containing technical inaccuracies, spelling errors, and other errors. The account may also contain material that violates personal privacy or freedom of speech, or infringes on the intellectual property and other proprietary rights of third parties, or the downloading, copying, or use of said material is subject to additional terms and conditions, stated or implied. Interlude by Linc Marvel Limited disclaims any responsibility for any harm resulting from the use by visitors and users of Interlude screens.

Content posted on other websites

Interlude by Linc Marvel Limited has not reviewed, and cannot review, any material, including computer software, made available through websites and webpages to which Interlude links, and that link to Interlude. We have no control over websites and webpages other than the Interlude website and are not responsible for their Content or their use. You accept that when you link to a third-party website through Interlude, we do not endorse or support such other websites. You are responsible for taking the necessary precautions to protect yourself and your computer systems from viruses and other harmful or destructive Content. We disclaim any liability for any harm resulting from your use of websites and webpages not controlled by Interlude by Linc Marvel Limited.

Breach of intellectual property rights

Just as Interlude by Linc Marvel Limited asks others to respect its intellectual property rights, it also respects the intellectual property rights of others. If you believe that material located on or linked to by Interlude violates your copyrights, we encourage you to notify us by sending an email to support.lincmarvel.com. Such notices will be handled in a manner we deem appropriate. This may include removing the infringing material or disabling all links to the infringing material. We will be able to terminate a user's access to and use of the Service if there is reason to believe that it infringes any copyrights or other intellectual property rights of Interlude by Linc Marvel Limited or others, but we disclaim all liability if such termination is not carried out. In case of such termination, we will have no obligation to provide a refund of any amounts previously paid.

Intellectual property rights

This Agreement does not transfer from Interlude by Linc Marvel Limited to you any intellectual property rights belonging to Interlude by Linc Marvel Limited or a third party. Such rights are owned and will remain solely with Interlude by Linc Marvel Limited. Interlude, the Interlude logo, Interlude.com, and all other trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Interlude by Linc Marvel Limited or Interlude by Linc Marvel Limited’s licensors. Other trademarks, service marks, graphics, or logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any of Interlude by Linc Marvel Limited's or third parties' trademarks.

Attribution

Interlude by Linc Marvel Limited reserves the right to display attribution links and font attribution on screens and displays, to the extent necessary to credit third-party content providers.

Changes

Interlude by Linc Marvel Limited reserves the right, at its sole discretion, to modify or replace any part of this Agreement. Significant changes will be notified. You are responsible for staying up to date on changes to this Agreement. Your continued use of or access to the Service following notification of any changes to this Agreement shall constitute acceptance of those changes. We may also, in the future, offer new services and/or features through the Service, including the release of new tools and resources. Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

In case of any breach of the terms of this Agreement, Interlude by Linc Marvel Limited may, with immediate effect, with or without notification, cancel all or any part of the Service, including terminating the user’s account.

In case of any breach of the terms of this Agreement, Interlude by Linc Marvel Limited may, with immediate effect, with or without notification, cancel all or any part of the Service, including terminating the user’s account. If you wish to terminate this Agreement or your Interlude account, you have to send an email to support@interlude.lincmarvel.com. stating your intent of termination. All provisions of this Agreement that by their nature should survive termination shall survive termination of the Agreement, including, but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Disclaimer of warranties

The Service is provided on an “as is” basis. Interlude by Linc Marvel Limited, its suppliers, and licensors hereby disclaim all warranties of any kind, express or implied, with regards to quality, merchantability, or attainment of a specific purpose. Neither Interlude by Linc Marvel Limited nor its suppliers and licensors make any warranties for the Service being error-free, or that access to the Service will be continuous or uninterrupted. You understand that you download from, or otherwise obtain Content through the Service at your own discretion and risk.

Limitation of liability

You accept that Interlude by Linc Marvel Limited, its suppliers, or licensors shall in no event be liable for: (i) any indirect loss, including, but not limited to, incidental or consequential loss or damages; (ii) cost for procurement of substitute products or services; (iii) any cost incurred due to loss or corruption of data, and (iv) that the liability of Interlude by Linc Marvel Limited, its suppliers, and licensors for direct loss is upwards limited to an amount equivalent to your fees paid to Interlude by Linc Marvel Limited under this Agreement during a period of twelve (12) months immediately preceding such claim. Interlude by Linc Marvel Limited shall have no liability for any failure or delay due to matters beyond our reasonable control. The foregoing shall not apply to the extent where otherwise is required by law.

User warranty

You represent and warrant that (i) your use of the Service will be in accordance with Interlude's Privacy Statement, with this Agreement, and with all applicable laws and regulations, including the laws and regulations governed by the Office of the Data Protection Commissioner (ODPC) and the laws of Kenya. You further affirm that your use of the Service will not infringe or misappropriate any third-party intellectual property rights.

Indemnification

You agree to defend, indemnify, and hold Interlude by Linc Marvel Limited, its suppliers, and licensors, harmless from and against all claims and expenses, including attorney’s fees, arising out of your use of the Service, including, but not limited to, violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between you and Interlude by Linc Marvel Limited governing the subject matter hereof. Any access to or use of the Service shall be governed by the laws of Kenya, including those governed by the Office of the Data Protection Commissioner (ODPC), excluding its conflict of law provisions. The exclusive legal venue for any disputes arising out of or relating to the Agreement shall be the courts of Kenya. If any part of this Agreement is held invalid or unenforceable, that part will be interpreted to reflect the parties’ original intent, and the remaining parts shall remain in full force and effect. A waiver by either party of any term or condition in this Agreement or any breach thereof will in no case entail a release of the term in question or any following breach of said term. You may assign your rights under this Agreement to any party that consents and agrees to be bound by its terms; Interlude by Linc Marvel Limited may assign its rights under this Agreement without condition.

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Privacy Statement

Your privacy is of paramount importance to us at Interlude by Linc Marvel, and we adhere to the following principles::

• We will not ask you for personal information unless we truly need it.
• We do not share your personal information except to comply with the law, deliver the service, develop our products, or protect our rights.
• We do not store any personal information on our servers unless it is required for the ongoing operation of one of our services.
• In our products and services, we aim to make it as simple as possible for you to control what is visible to the public, kept private, and permanently deleted.
• All our data processing activities adhere to the regulations set forth by the Office of the Data Protection Commissioner (ODPC) and the laws of Kenya.

Below is our privacy policy, which outlines our commitment to these principles. Interlude by Linc Marvel Limited operates several websites, including interlude.lincmarvel.com, and as described in this policy, we are the data controller for the information we collect about you.

However, for any personal data included in the Content you upload through our services, you will be regarded as the data controller. Linc Marvel Limited will process such personal data on your behalf as the data processor, in accordance with the Data Processing Agreement and the Agreement.

Our intention at Interlude is to uphold your privacy concerning all information we may collect while operating our services. If you have inquiries about deleting or correcting your personal data, please send an email to support.lincmarvel.com..

The primary basis for processing personal data regarding users of our services is the necessity for entering into a contract with the business to which you belong and your role as a user of our services, in accordance with and in compliance with the Office of the Data Protection Commissioner (ODPC) and the laws of Kenya.

For further information on our privacy policy, please visit the Interlude Privacy Policy to learn more about how your data is handled.