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Terms & Conditions
The Terms of Service
(the "Agreement")
set forth the legally binding terms and conditions under which
SkyPoP Partners LLC ("SkyPoP") provides services to its
users. These terms govern the use of our website at http://skypop.com
(the "site") and any services, features, content or applications
(collectively with the site, the "service") offered by
SkyPoP. Please read this agreement carefully prior to using the
service offered by SkyPoP.
Acceptance of Terms
By registering for or otherwise using the site or service, you,
the user, accept all terms and conditions indicated herein, including
SkyPoP's Privacy Policy (available at http://www.skypop.com/privacy.html)
and all other operating rules, policies and procedures published
and/or updated with or without notice by SkyPoP, each of which
is incorporated by reference into this Agreement. This Agreement
applies to all users of the site or service, including, but not
limited to, individual users, contributors of content, information
and other products or services on the site, and any merchants that
may provide promotions through or link to the service.
Access
Use of the the site and the service, including, but not limited
to, any service performed by SkyPoP or any promotions, features,
content or applications offered by or downloaded from SkyPoP, is
solely for customers' own use and not for the use or benefit of
any third party. No third-party rights or benefits are created
or intended by the use of the site or service.
Registration
Registration is required as a condition to
using certain aspects of the site or service. Registration indicates
that you represent and warrant to provide SkyPoP with accurate
and truthful registration information, such as your registration
name ("user name"),
phone number, email, and password (used to access the site). Your
failure to keep registration information accurate and up-to-date
constitutes a breach of this Agreement and may result in termination
of your SkyPoP account. By registering, you represent and warrant
that you are an individual of legal age to form a binding contract;
or that you are an individual registering on behalf of an entity
and that you are authorized to enter into and bind the entity to
this Agreement. The site and service is not available to individuals
younger than 13 years of age. If you are under the age of 13, you
are not permitted to register with or use the site or service provided
by SkyPoP. Further, all users agree to the following: (1) to not
provide any false personal information or to create an account
for anyone other than yourself or to use a user name that belongs
to another person without their permission; (2) to not create a
user name that belongs to a person other than yourself for purposes
of impersonating that person; (3) to not register under a user
name that is otherwise offensive, obscene or otherwise unlawful;
and (4) to notify SkyPoP, in writing, of any breach to your account
or other unauthorized use of or activity related to your account.
SkyPoP reserves the right to refuse your registration and to suspend
or terminate your account and access to the site and/or service
at any time, without notice. You are solely responsible and liable
for any activity on your account, for keeping your password confidential,
and for ensuring that this Agreement is in compliance with all
laws, rules and regulations applicable to you. If your right to
access and use the site or service is revoked by SkyPoP, you agree
to no longer use or access the site or service in any way.
Content
All content accessed through the site or service
is at your own risk, and you acknowledge sole responsibility and
liability for any damage or loss to you or another person. SkyPoP
does not guarantee the authenticity of any content or personal
information provided by users, whether publicly posted or privately
transmitted, and any content is the sole responsibility of the
person who originated such content. For purposes of this Agreement,
the term "content" includes,
but is not limited to, any location, promotion, program or user
information, comments, data, text, software, scripts, graphics
and any interactive features provided or otherwise accessible through
the site or service. Any content added, created, uploaded, submitted
or distributed through the site or service is considered a "user
submission."
SkyPoP Content
Any content provided by SkyPoP is protected by copyrights, trademarks,
service marks, patents, trade secrets and other proprietary rights
and laws, as applicable. Subject to the terms of this Agreement,
SkyPoP grants each user a worldwide, non-exclusive, non-sublicensable,
non-transferable, revocable license to use the content solely for
personal, non-commercial use. Any use, reproduction, modification
or distribution of any content for any purpose other than personal,
non-commercial use is prohibited without the prior, written consent
of SkyPoP, or from the copyright holder, as identified on the content
page.
User Submissions
If you submit content through the site or service, you hereby grant
SkyPoP a worldwide, non-exclusive, royalty-free, fully paid, sublicensable
and transferable license to use, copy, edit, modify, reproduce,
distribute, prepare derivative works of, display, perform, and
fully exploit such user submission. This license grant to SkyPoP
does not affect other ownership rights, such as the right to grant
additional licenses of your user submission(s).
In transmitting a user submission, you represent and warrant that you have all
rights to grant such a license to SkyPoP and that such grant does not infringe
or violate the rights of any third parties, such as privacy rights, publicity
rights, copyrights, or any other proprietary rights.
Further, you acknowledge that any deleted user submission will be removed from
the site or service, but may remain in backup copies for a reasonable period
of time and may remain embedded with users who have accessed or downloaded such
content.
Service Restrictions
No user shall submit, post, upload, distribute through or otherwise use any content
on or through the site or service, including any user submission, that:
- Infringes any patent, trademark, trade secret, copyright, right of publicity
or any other third party rights;
- Is false, misleading or inaccurate;
- Is libelous, defamatory, threatening, harassing, abusive, obscene, pornographic;
fraudulent, contains or depicts sexual activity, or is otherwise unlawful;
- Constitutes unauthorized or unsolicited advertising (e.g. spam);
- Contains software viruses or any other code designed or intended to disrupt,
disable or damage the function of the site or service;
- Impersonates any person or entity;
- Includes personal identification or otherwise sensitive information;
- Is in breach of any other policies incorporated herein.
Further, no user shall attempt to decipher, decompile, disassemble, reverse engineer
or otherwise derive any source code or algorithms from the site or service. A
user shall not modify, translate or create derivative works or copy, rent, lease,
distribute, or otherwise transfer any of the rights received herein. All users
must abide by applicable local, state, national and international law.
SkyPoP cannot guarantee that all content and user submissions will be made available
through the site or service. SkyPoP reserves the right to do the following:
- Remove, suspend, block, edit or modify any content or user submission,
without notice, at its own discretion;
- Access, preserve and disclose to users and others, at any time and without
notice, any information deemed necessary so as to comply with an applicable
law, regulation or legal process; enforce this Agreement; detect or prevent
fraud; respond to user requests; and protect the rights of SkyPoP, users
or the public.
Third Party Websites
SkyPoP may contain links to third-party websites, services or other resources
on the Internet. SkyPoP is not responsible for the content of these linked-to
websites, services or other resources, such websites, services or other resources
are not under SkyPoP's control, and the inclusion of links does not imply that
SkyPoP endorses, sponsors or is otherwise affiliated with such websites, services
or other resources. You acknowledge that SkyPoP is not responsible for any damage
or loss caused in connection with your reliance on any such content.
Termination
SkyPoP may terminate all access to the site or service at any time, without notice,
and with or without cause. Such termination may result in the destruction of
all related information on the site or service and SkyPoP assumes no liability
in the event of loss or damage related to any ongoing promotions or programs
made accessible through the site or service. In the event of termination, applicable
provisions under this Agreement shall survive, including ownership provisions,
warranty disclaimers, indemnification, and limitations of liability.
Warranty Disclaimer
SkyPoP has no special relationship with or fiduciary duty to you, except as otherwise
required by law. Under the terms of this Agreement, you acknowledge that SkyPoP
has no duty to take action regarding access to the site or service, content on
the site or service, and fulfillment of any rewards that may be outstanding to
you as a result of completion of certain loyalty programs and promotions offered
through the site or service. Further, you hereby agree to release SkyPoP from
all liability related to content accessed through the site or service.
SKYPOP, ITS SITE OR SERVICE AND CONTENT, IS PROVIDED "AS IS" AND EXPRESSLY
DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES
OF MERCHATABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE NON-INFRINGEMENT,
AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE.
SKYPOP DOES NOT WARRANT ANY OF THE FOLLOWING: THAT THE SITE OR SERVICE WILL MEET
YOUR REQUIREMENTS OR EXPECTATIONS; THAT THE SITE OR SERVICE WILL BE SECURE, UNINTERRUPTED,
OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL
BE CORRECTED OR COMPENSATED; THAT THE INFORMATION RECEIVED AND MADE AVAILABLE
THROUGH THE SITE OR SERVICE IS RELIABLE OR THAT YOU WILL RECEIVE ANYTHING IN
RETURN FOR YOUR PARTICIPATION IN PROMOTIONS OR PROGRAMS; OR THAT ANY CONTENT
IS AVAILABLE FREE OF VIRUSES. FURTHER, SKYPOP DOES NOT WARRANT THAT ANY INFORMATION
OR RECORDS STORED ON ITS SERVERS WILL BE MAINTAINED ACCURATELY OR PERMANENTLY
OR THAT ANY PROMOTIONS OR PROGRAMS OFFERED THROUGH THE SITE OR SERVICE ARE GUARANTEED.
Electronic Communications Privacy Act Notice (18 USC 2701-2711): SkyPoP does
not guaranty confidentiality or privacy of any information, whether personal
or otherwise, or communication transmitted on the site or service or related
to your use of the site or service.
Indemnification
You agree to defend, indemnify and hold harmless SkyPoP against any and all claims,
actions, proceedings, suits, liabilities, losses, damages, costs, expenses and
attorneys' fees that arise in connection with your use of, participation with,
or access to SkyPoP or otherwise from your user submissions, violations of this
Agreement, or infringement by you or any third party using your account of any
intellectual property or other right of any person or entity. SkyPoP reserves
the right to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you and you agree to assist and cooperate with
SkyPoP in asserting any available defenses.
Limitation of Liability
All liability of SkyPoP arising from any loss suffered as a result of your use
of the site or service is expressly excluded to the fullest extent permitted
by law. If a court of competent jurisdiction finds that SkyPoP is liable, the
total of such liability shall amount to no more than one hundred US dollars ($100)
in the aggregate. However, nothing herein excludes or limits your liability in
respect of any indemnity given by you under this Agreement.
SkyPoP, including its directors, employees, and agents, shall not be liable under
contract, tort, strict liability, negligence or any other legal or equitable
theory, for: (1) any indirect or consequential losses or damages; (2) loss of
actual or anticipated profits; (3) loss of revenue or goodwill; (4) loss of data;
(5) loss of anticipated savings; (6) wasted expenditure; or (7) cost of procurement
of substitute goods or services.
Dispute Resolution & Applicable Law
A printed copy of this Agreement and any other notices provided in electronic
form by SkyPoP shall be admissible in any judicial or administrative proceeding
subject to the same conditions as other business documents. You and SkyPoP hereby
agree that any cause of action arising out of or related to the site or service
must be initiated within one (1) year; otherwise, such cause of action is permanently
barred. This Agreement is governed by and construed in accordance with the laws
of the State of California. Any dispute arising from or relating to this Agreement
shall be settled by arbitration in California.
Integration & Severability
This Terms of Service Agreement constitutes the entire agreement between you
and SkyPoP, and supersedes all prior communications, whether oral or written.
In case any provision herein is found to be unenforceable, illegal or invalid,
the enforceability of the remaining provisions shall not in any way be affected,
and such provision shall be ineffective only to the extent of such invalidity,
illegality or enforceability. The failure of any party to exercise any right
provided for hereunder shall not be deemed a waiver of any further rights under
this Agreement.
Modification of Terms of Service
SkyPoP reserves the right to modify or replace any of the terms in this Agreement.
SkyPoP also reserves the right to change, suspend or discontinue the site or
service at any time, without notice. SkyPoP may also impose limits on content
or the site or service without notice. Your continued use of the site or service
constitutes acceptance of these changes; and it remains your responsibility to
check for continued updates to this Agreement.
Miscellaneous
SkyPoP shall not be liable for any failure to perform where such failure results
from any cause beyond SkyPoP's reasonable control, including, but not limited
to: (1) mechanical, electronic or communications failure; (2) the decision of
any user (e.g. a participating merchant) to discontinue its loyalty program or
promotion as offered through the site or service; or (3) any loss or damage resulting
from participation in a loyalty program, whether or not the program or promotion
is offered through or outside the purview of SkyPoP's site or service.
SkyPoP may assign, transfer or delegate any of its rights and obligations hereunder
without consent. No agency, partnership, joint venture or employment relationship
is created as a result of this Agreement.
Contact: info@skypop.com
Effective Date of Terms: November 14, 2011 |
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