Terms and Conditions
Terms and Conditions of Use for Skyward Interactive Websites
Welcome to the Skyward Interactive, Inc. website at http://www.SkywardInteractive.com which is owned by Skyward Interactive, Inc. ("SII"). This Site is operated by SII and materials on the Site are primarily owned or licensed by SII. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and SII.
If you become aware of misuse of this Site by any person, please contact the Site Administrator at email@example.com with your concerns.
ACCESS AND USE
All materials contained in this Site are protected by international trademark and copyright laws and must only be used for personal, non-commercial purposes. This means that you may only view or download material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.
The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of SII or unless this Site expressly permits it. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site. The use of materials from this Site on any other web site or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on this Site can be made by contacting SII in writing at Skyward Interactive, Inc., 423 Greenfield Ct., Atlanta, GA, 30068, or email at Privacy@skywardinteractive.com.
You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.
CONTENT POSTED ON THE SITE
You are welcome to post, transmit or submit messages and other materials (which include any uploaded files or programs, inputting data or any other materials, "blogging," or engaging in any form of communication in connection with this Site) (collectively "Content") to bulletin boards, chat rooms or other areas within, or in connection with, this Site (collectively "Public Areas"). You are solely responsible for such Content. SII accepts no responsibility whatsoever in connection with or arising from such Content.
SII does not endorse and has no control over the Content submitted by others to Public Areas. Content submitted to Public Areas is not necessarily reviewed by SII prior to posting and does not necessarily reflect the opinions or policies of SII. SII makes no warranties, express or implied, as to such Content or its accuracy and reliability. Nonetheless, SII reserves the right to prevent you from submitting Content to Public Areas and to edit, restrict or remove such Content for any reason at any time.
SII assumes no responsibility for actively monitoring Public Areas for inappropriate Content. If, at any time SII chooses, in its sole discretion, to monitor the Public Areas, SII nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the user submitting any Content. In submitting Content to Public Areas, you agree to strictly limit yourself to discussions about the subject matter for which the Public Areas are intended. You agree that SII accepts no liability whatsoever if it determines to prevent your Content from being submitted or if it edits, restricts or removes your Content. You also agree to permit any other user of this Site to access, view, store or reproduce the material for that other user's personal use and not to restrict or inhibit the use of the Site by any other person.
You agree to release SII and its affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of Public Areas. If at any time you are not happy with the Public Areas or object to any material within Public Areas, your sole remedy is to cease using them.
PROPRIETARY RIGHTS IN CONTENT POSTED ON THE SITE
General. You agree that any Content whatsoever posted by you to the public areas of the Site (excluding blogs) becomes the property of SII and may be used, copied, sublicensed, adapted, transmitted, translated, distributed, publicly performed, displayed or deleted as SII sees fit. You represent and warrant that: (i) you own the Content posted by you on the Site, (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, intellectual property rights, or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and any other monies owing any person by reason of any Content you post on the site.
Blogs. By posting any Content to the blog, Widgets or Express Widgets areas of the Site, you hereby grant to SII the non-exclusive, fully paid and royalty-free, worldwide license to use, copy, sublicense, adapt, transmit, translate, distribute, publicly perform, publicly display, modify, and translate such Content. This license will terminate at the time you remove such Content from the Site. Notwithstanding the foregoing, a back-up or residual copy of the Content posted by you to the blog areas of the Site may remain on the SII servers after you have removed such Content from the Site, and SII retains the rights to those copies. You represent and warrant that: (i) you own the Content posted by you to the Site or otherwise have the right to grant the license set forth in this section, (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, intellectual property rights, or any other rights of any person, and (iii) the posting of your Content to the blog areas of the Site does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and any other monies owing any person by reason of any Content you post to the blog areas of the Site.
PROHIBITED CONTENT AND/OR ACTIVITY
You must use the Site in a manner consistent with any and all applicable laws and regulations. The following is a partial list of the kind of Content that is illegal or prohibited on the Site. SII reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Site and terminating the membership of such violators. Prohibited Content includes Content that:
- Is obscene, patently offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Harasses or advocates harassment of another person;
- Contains nudity, violence, or offensive subject matter;
- Involves the transmission of "junk mail" or "chain letters" or unsolicited mass mailing;
- Promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- Exploits people in a sexual or violent manner;
- Solicits personal information from anyone under 18;
- Provides any telephone numbers, street addresses, last names, URLs or email addresses, including in your Member profile;
- Violates the copyright, trademark or other intellectual property rights of any other person;
- Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- Solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; or
- Involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, and solicitation of donations, barter, advertising, or pyramid schemes.
The following is a partial list of the kind of activity that is illegal or prohibited on the Site. SII reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
- Advertising to, or solicitation of, any Member to buy or sell any products or services through the Site. You may not transmit any chain letters or junk email to other Members. Although SII cannot monitor the conduct of its Members off the Site, it is also a violation of these rules to use any information obtained from the Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, SII reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which AmericanIdol.com deems appropriate in its sole discretion;
- Any automated use of the system;
- Attempting to impersonate another User or person;
- Using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
- Selling or otherwise transferring your profile;
- Covering or obscuring the banner advertisements on Public Areas, or any SII page via HTML/CSS or any other means; or
- Interfering with, disrupting, or creating an undue burden on the site or the networks or services connected to the Site.
SII does not knowingly accept unsolicited submissions including, without limitation, submissions of scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas or concepts. SII's policy is to simply delete any such submission without reading it or forwarding it to other SII staff. Therefore, any similarity between an unsolicited submission and any elements in any SII creative work including, without limitation, a film, series, story, title or concept would be purely coincidental.
If unsolicited submissions are sent to SII via this Site, however, these submissions become the property of SII and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as SII sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against SII, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
SII may, from time to time, post SII employment opportunities on the Site and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to SII in response to employment listings, you are authorizing SII to utilize this information for all lawful and legitimate hiring and employment purposes. SII also reserves the right, at its sole discretion, to forward the information you submit to its subsidiaries and affiliates for legitimate business purposes. Nothing in this Agreement or contained in the Site shall constitute a promise by SII to interview, hire or employ any individual who submits information to it, nor shall anything in this Agreement or contained in the Site constitute a promise that SII will review any or all of the information submitted to it by users.
LINKED SITES AND ADVERTISING
If you are interested in creating hypertext links to this Site, you must contact Skyward Interactive, Inc., 423 Greenfield Ct., Marietta, GA, 30068, or email at firstname.lastname@example.org before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Site or SII, including its respective employees, agents, directors, officers and shareholders.
If SII has provided links or pointers to other web sites, no inference or assumption should be made and no representation should be implied that SII is connected with, operates or controls these web sites.
SII takes no responsibility for third party advertisements that are posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers.
DISCLAIMER OF LIABILITY AND WARRANTIES
While SII does its best to ensure the optimal performance of the Site, you agree that you use this Site and rely on material contained in this Site at your own risk.
The Site, and all materials in this Site, are provided "as is" and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that SII DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Site is accurate, error free or reliable.
You acknowledge that SII and its affiliates together with their respective employees, agents, directors, officers and shareholders, ARE NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.
You acknowledge that SII is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Site, including such conduct or material transmitted by any means by any other person.
You acknowledge that SII is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the Site.
You agree to defend, indemnify and hold harmless SII and its affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney's fees and costs) arising out of your use of this Site; your failure to use the Site; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.
SII reserves the right to immediately terminate your use of, or access to, this Site at any time if SII decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that SII considers to be inappropriate or unacceptable.
If you believe that any material contained in this Site infringes your copyright, you should notify SII of your copyright infringement claim in accordance with the following procedure.
SII will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site's Designated Agent who is:
Skyward Interactive, Inc.
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
E-mails sent to DMCA@skywardinteractive.com for purposes other than communication about copyright claims may not be acknowledged or responded to.
This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
This Agreement is governed by, and construed in accordance with, the laws of the State of Georgia without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the State of Georgia or, if appropriate, the United States District Court for the State of Georgia for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Site, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.
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