Terms and Conditions

Agreement. Please read these Terms of Use carefully before using this web site or any other web sites owned and operated by Periscope., Inc. (“Periscope” or “we” or similar terms) including but not limited to www.periscope1.wpenginepowered.com (the “Website” or “Site”). These Terms of Use represent a contract between you and Periscope, and your use of this Website constitutes your agreement to be bound by all terms. If you disagree with one or more of these terms or find them unacceptable in any way, please do not enter or use our Website. Any rights not expressly granted herein are reserved to Periscope.Any violation of these Terms and Conditions may lead to denial of access to the Website as well as any other applicable legal remedy. If you do not agree to these Terms and Conditions you must not use this Website. All visitors to or users of this Website are referred to as “users,” “you,” or similar terms.
Updates and Changes. We reserve the right to modify these Terms and Conditions, as well as our Privacy Policy, at any time. Such changes, including retroactive changes, are effective once posted on this or a similar page of our Website. This entire Site, specific pages or features of this Website may be discontinued or changed without notice.
Last Update. These Terms and Conditions were last updated on October 25, 2016.
Access. You agree that you will not attempt to access any restricted or secure portion of this Site to which you have not specifically been granted access.
Comply with Laws. Users must comply with all applicable laws and regulations.
Term and Termination. This Agreement begins on the date you first access this Website, and continues for a term of one (1) year, after which this Agreement automatically renews for additional terms of one (1) year each. This Agreement automatically terminates if you breach any term of the Agreement, or immediately upon notice from Periscope, which may terminate this Agreement at any time, for any reason or no reason. When this Agreement terminates, you agree to immediately stop using or accessing this Site and to destroy all copies of content or information from this Site. All terms which by their nature at intended to survive expiration or termination of this Agreement do survive.
Copyrights and Trademarks. All content, materials, images and other items on or accessed directly through this Website (collectively, the “Content”) belong to Periscope, its third party licensors, or clients. You may download or print one copy of the Content on this Website, but only for your personal, noncommercial use. When you download or print a copy of the Content, you must also include all copyright and other notices that are in the Content, including the copyright notice on the bottom of the page.The Content is protected by United States and foreign copyright laws. If you use the Content in a way that is not clearly allowed by these Terms and Conditions, you are violating your agreement with us and may be violating copyright, trademark, and other laws. In that case, we automatically revoke your license to use the Content and you must immediately destroy any copies you have made. All right, title, and interest in and to the Content remains with Periscope or our third party licensors. All rights not expressly granted are reserved.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Periscope infringe your copyright, you, or your agent may send Periscope a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Periscope actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Periscope a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.

If you believe that any other person using this Website has violated any terms in this Agreement, please notify us immediately, specifically identifying the conduct or materials at issue. Please contact us using the contact information provided below.
User Postings, Messages, and Chat; Privacy Policy. The Website, or other communications to you from us such as email, may provide you with the opportunity to answer questions, post comments, feedback, other messages, or the opportunity to communicate with Periscope. All such communications provided by you on or through this Website, or sent to us by email, mail, or other means (collectively, “Postings and Messages”) may be used by us in the operation of our business, subject to the limitations and protections described in detail in our Privacy Policy. You hereby grant Periscope a perpetual, worldwide, royalty-free, unrestricted, irrevocable license to use, reproduce, display, perform, modify, create derivative or collective works, transmit and distribute your Postings and Messages, and agree that Periscope is free to use such Postings and Messages for any purpose and in any medium. You further grant Periscope the right to sublicense or assign any of the foregoing rights to others.Periscope has the right, but not the duty, to delete any Postings and Messages for any reason, including without limitation if it deems in its sole discretion that the Postings and Messages are inappropriate or offensive.
Communication with You. You agree that we may communicate with you, by email or any other method or contact information you have provided to us.
Privacy and Security. You understand and agree that we will handle information as described in the Privacy Policy, as it may be modified from time to time. However, we can not and do not guarantee absolute security, and we are not responsible for any illegal acts of third parties including hacking or similar activities.
LIMITATION OF LIABILITY. YOU AGREE THAT NEITHER PERISCOPE, NOR ANY PERSON OR COMPANY ASSOCIATED WITH PERISCOPE, INCLUDING CLIENTS OR THIRD PARTY SUPPLIERS (COLLECTIVELY, THE “COVERED ENTITIES”) SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS ON THIS WEBSITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ALL LOSSES AND CLAIMS OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.THE TOTAL AGGREGATE LIABILITY OF COVERED ENTITIES FOR LOSSES, DAMAGES, OR CLAIMS OF ANY KIND SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $ 1.00 (ONE DOLLAR). THIS LIMITATION FAIRLY REFLECTS THE FACT THAT PERISCOPE DOES NOT CHARGE FOR ACCESS TO VIEW THE CONTENT OF THE WEBSITE. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL THE COVERED ENTITIES BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE WEB SITE OR MATERIALS ARE EXCLUDED EVEN IF THE COVERED ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NO WARRANTY. ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PERISCOPE MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE OR LINKED TO BY THE WEBSITE IS AT YOUR SOLE RISK. PERISCOPE MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE OR FROM LINKED WEBSITES IS FREE OF VIRUSES OR SIMILAR DESTRUCTIVE PROGRAMS. SOME LINKS IN THE SITE MAY LET YOU LEAVE THE PERISCOPE SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF PERISCOPE AND PERISCOPE IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY PERISCOPE OF THE LINKED SITE.YOU AGREE THAT PERISCOPE SHALL NOT BE LIABLE FOR ANY CLAIM OR DAMAGES RELATED TO ANY LOSS, DESTRUCTION, OR ALTERATION OF DATA RELATED TO YOUR USE OF THE WEBSITE. THE FOREGOING DISCLAIMER INCLUDES BUT IS NOT LIMITED TO RELIANCE BY YOU OR ANY THIRD PARTY ON ANY CONTENT OR INFORMATION OBTAINED THROUGH THE USE OF THE WEBSITE, OR ANY DAMAGE OR HARM RESULTING FROM ANY MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE WEBSITE, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE, OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE, OR RELATED INFORMATION OR PROGRAMS. SOME JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE FOREGOING EXCLUSION OF CERTAIN WARRANTIES, AND THEREFORE SOME OF THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. You agree to indemnify, defend and hold the Covered Entities described above harmless from and against any and all costs, liabilities, losses, and expenses (including, but not limited to, reasonable attorneys’ fees) resulting from any claim, suit, action, or proceeding brought by any third party against any of the Covered Entities alleging or arising from or related to your use of the Website or any breach of these Terms of Use by you. This paragraph survives expiration or termination of your membership or these Terms of Use.
Independent Contractor. You and Periscope are independent contractors as to one another. You are not Periscope’s agent or employee for any purpose and shall not hold yourself out as a Periscope agent or employee.
Contact Information. Our contact information is:[email protected] or write to us at:
Periscope 921 Washington Ave S
Minneapolis, MN, 55415
Governing Law and Jurisdiction. You agree that the only proper jurisdiction and venue for any dispute with Periscope or any of the other Covered Entities, or in any way relating to your use of this Website or your relations with Periscope or the Covered Entities, is in the state and federal courts in the State of Minnesota, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving Periscope or the Covered Entities. Any claims arising form or related to your use of this Website or relating to your relationship with Periscope or the Covered Entities will be governed by the laws of the State of Minnesota, excluding the application of its conflicts of law rules. You agree that any cause of action arising out of or relating to these Terms of Use or your use of the Website will be commenced by you within one (1) year after such cause of action arose. Actions not commenced by you within one (1) year are permanently barred. You agree that in the event you have or may have any alleged claim against Periscope or any Covered Entity, you shall pursue such claim only in your individual capacity, and you shall not agree to join or be a part of any class action, consolidated action, or similar action. You also agree that your damages are limited as set forth elsewhere in these Terms of Use and that you are not eligible to receive, and shall not seek, attorney fees in relation to any claim you have or may have against Periscope or any Covered Entity.
Miscellaneous. If any provision of these Terms and Conditions is held to be overbroad, invalid or unenforceable, such provision shall be deemed amended to the minimum extent necessary to render such provision valid and enforceable. If any provision can not reasonably be deemed amended, then such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Users may not sell, assign, or otherwise transfer any rights under these Terms and Conditions. Periscope may assign or transfer its rights and obligations under these Terms and Conditions. Our failure to act with respect to any failure by you or others to comply with these Terms and Conditions does not waive our right to act with respect to subsequent or similar failures. These Terms and Conditions, along with any changes or updates thereto by us as described above, set forth the entire understanding and agreement between us with respect to the subject matter hereof.