10. You represent, warrant and covenant that: (a) you shall not upload, post or transmit to or distribute or otherwise publish through The Site any materials which (i) restrict or inhibit any other user from using and enjoying The Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) that you are at least eighteen (18) years old.
11. We reserve the right to monitor all Postings or other materials posted on The Site and to remove any which we consider in our absolute discretion to be: (a) offensive, (b) inappropriate, (c) criminal or (d) otherwise in breach of these Terms of Use. We do not and cannot review all materials posted to The Site by users, and we are not responsible for any such materials posted by users. However, we reserve the right always to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in the sole discretion of SKYY INC are objectionable or in violation of these Terms of Use.
12. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all material they contain and that such Postings shall not infringe any proprietary or other rights of third parties. By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to The Site, you hereby grant to SKYY INC, subject to our privacy policy, a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against SKYY INC for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
13. You acknowledge that transmissions to and from The Site are not confidential and your Communications may be read or intercepted by others. Any unprotected e-mail communication over the Internet is subject to possible interception or loss, is not confidential and is also subject to possible alteration. We are not responsible for and will not be liable to you or any third party for damages in connection with an e-mail sent by you to us or an e-mail sent by us to you, or anyone you designate, at your request. Violators of this section who use our services for any illegal purpose including but not limited to repeated unwanted emails or "Spam," may be prosecuted to the full extent of the law." You acknowledge that by submitting Communications to SKYY INC, no confidential, fiduciary, contractually implied or other relationship is created between you and SKYY INC other than pursuant to these Terms of Use and any subsequent written agreement entered with SKYY INC.
14. THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS, AS AVAILABLE." TO THE FULLEST EXTENT PERMISSIBLE BY LAW. SKYY INC AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. FURTHER, SKYY INC AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SKYY INC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SKYY INC AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. FURTHER, IN NO EVENT WILL SKYY INC BE LIABLE FOR ANY LOSS OF PROFITS, BUSINESS, USE OF DATA OR FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER BASED IN CONTRACT, NEGLIGENCE OR OTHER TORT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE ON BEHALF OF OUR EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS, DISCLAIM AND EXCLUDE LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS THE SITE OR ANY WEB SITE WITH WHICH IT IS LINKED. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.
RULES AND PROHIBITED CONDUCT
Prohibited Actions. You shall not: Share your password. Decipher, decompile, disassemble, or reverse engineer any of the software on our Website, or in any way used or downloaded from the Website. Use or provide software or services that interact or interoperate with Us, including but not limited to downloading, uploading, posting, flagging, emailing, search, or mobile use. Robots, spiders, scripts, scrapers, crawlers, etc. are prohibited. You agree not to collect users’ personal and/or contact information (“PI”).
Mutual Non-Disparagement. You agree and warrant and that you shall not disparage or comment negatively, directly or indirectly, about SKYY INC, or its Team. In certain sections of our Website and on our social media platforms, you are permitted to comment, post content or suggestions, or ask questions (collectively, “Comments”). You agree that your Comments are not confidential, may be viewable both to other Website users and third party websites, and are our sole property. By posting your Comments on our Website, you warrant you have the right to grant us an unrestricted, irrevocable, exclusive, royalty-free, transferable right and license to use, copy, publish, host, transmit and distribute your Comments for any lawful purpose, without notice, attribution to you, or compensation. You waive all moral rights in your Comments but retain all intellectual property rights in your Comments. You are responsible for your Comments and agree that we are not liable nor responsible for your Comments. You agree that we have sole discretion to remove any Comments that violate these Terms and Conditions. We agree and warrant and that we shall not disparage or comment negatively, directly or indirectly about you; except we may reports debts owed by you to us to Credit Reporting Agencies. Disparagement shall be defined as any remarks, comments or statements that impugn the character, honesty, integrity, morality, business acumen or abilities in connection with any aspect of our dealings with each other. You and SKYY INC agree and acknowledge that this non-disparagement provision is a material term of this Agreement; the absence of which would have resulted in SKYY INC refusing to enter into this Agreement. In addition to the conditions outlined in certain section of our website, you agree that:
- You are the owner or have the necessary permission or licenses to any Comments you post on our Website or social media platforms.
- Should you not have the right to all or any part of your comments, you agree we are not liable nor responsible for any misappropriation or infringement of any right in your Comments.
- Copying, downloading, transmitting or distributing all or any part of your Comments will not infringe the intellectual property rights of any third party.
- Your Comments do not violate the privacy rights of any third party.
- Your Comments do not link to any material that violates any provision of these Terms and Conditions.
- Your Comments do not in any way other than stated in these Terms and Conditions violate these Terms and Conditions or any applicable laws or regulations.
- We may remove any Comments that violate our Terms and Conditions or any applicable laws and regulations, without any notice to you.
Non-Use and Non-Disclosure. You agree that all communications with us shall be considered private and confidential information and you shall not under any circumstance disclose, publish, broadcast, make known in any way shape or form, or use the content of such communications, regardless if the communication is made verbally or in written form, without our express written authorization.
Services for Sale on Our Website. All services for sale on our Website are subject to availability. We make every effort to keep our Website and service offerings current, but we cannot guarantee a specific service will be available to you at any given time. We also cannot guarantee that descriptions and details about our services are accurate, adequate and complete. We reserve the right to change the pricing of our services at any time, or correct errors in pricing without prior written notice to you, even if you have already initiated payment to us or we have received payment from you. We also reserve the right to refuse or cancel any services order.
Compliance with Laws. You represent and warrant that your use of SKYY INC website, services, and/or products shall comply with all applicable laws and regulations. You agree to indemnify and hold us harmless from any losses, including attorney fees that result from your breach of any part of your warranties and representations.
Payment Dispute Rules. You warrant that no credit card payment, e-check or other payment made to SKYY INC by you, or a third party for your benefit, shall be disputed, or a chargeback filed with the credit card issuer, and no Claim shall be made against our Surety Bond under any circumstance, until after you have 1. Contact SKYY INC regarding the dispute by email, and phone. Each time you wish to dispute a payment, these rules must be followed without exception under any circumstance. Each appeal by You, or a third party of a disputed payment decision You or the third party lost counts as a separate disputed payment for purposes of this section 15 and section 20.