Please review these Terms of Service (the “Terms”) carefully before using this Web site. These Terms constitute a legal agreement between you and SkyBoss Inc. (“SkyBoss”) governing your use of www.SkyBoss.com, and related sites (together, “this Web site”). These Terms incorporate SkyBoss’s Privacy Policy, which also may be accessed by clicking on the words “Privacy Policy” at the bottom of each page of this Web site.
By using, accessing or downloading any materials from this Web Site, you agree to be bound by the Terms. If you do not agree with these Terms and SkyBoss’s Privacy Policy, do not use this Web site.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, CERTAIN SKYBOSS WEB SITES INCLUDING, BUT NOT LIMITED TO PASSWORD PROTECTED SITES, CONTAIN TERMS OF SERVICE IN ADDITION TO OR DIFFERENT FROM THESE TERMS, AND THE TERMS OF SERVICE POSTED ON SUCH WEB SITES SHALL APPLY.
GENERAL USE RESTRICTIONS
All information, documents, products, software, and services provided on this Web site (the “Materials”) were provided by SkyBoss, by the Materials’ respective manufacturers, authors, developers and vendors, or by users of this Web site (the “Third Party Providers”) and are the copyrighted work of SkyBoss. and/or the Third Party Providers. Except as stated in these Terms, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of SkyBoss or the Third Party Provider. No part of this Web site, including logos, graphics, sounds or images, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of SkyBoss. You also may not, without SkyBoss’s prior express written permission, “mirror” any Material contained on this Web site on any other server.
Nothing on this Web site will be construed as conferring any license of any of SkyBoss’s or any Third Party Provider’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.
Permission is granted to display, copy, distribute and download SkyBoss. Materials on this Web site provided that: (1) both the copyright notice included at the end of these Terms and this permission notice appear in such Materials; (2) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer or broadcast in any media; and (3) no modifications of any of the SkyBoss. Materials are made. This permission terminates automatically without notice if you breach any of these Terms. Upon termination, you will immediately destroy any downloaded and printed Materials. You may not post, modify, distribute, or reproduce any non-SkyBoss copyrighted or other proprietary Materials without obtaining the prior written consent of the copyright owner. Any unauthorized use of any Materials contained on this Web site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. We may terminate a user account, deny access to a site or service, or terminate any user who is alleged to have infringed the copyright or other proprietary right of another.
THIRD PARTY CONTENT DISCLAIMER
Materials provided by Third Party Providers have not been independently authenticated in whole or in part by SkyBoss. SkyBoss does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by SkyBoss.
##LINKS TO THIRD PARTY SITES This Web site may be linked to other Web sites that are not under the control of and are not maintained by SkyBoss. SkyBoss is not responsible for the content of those sites. SkyBoss is providing these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by SkyBoss of those sites.
DIGITAL MILLENIUM COPYRIGHT ACT NOTICE
If you believe that your copyrighted material has been violated by any Materials, please send written notice to SkyBoss’s Designated Agent and include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work you claim to have been infringed;
- A description 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 us to locate the material;
- Your address, telephone number, and email address;
- A statement that you have 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; and
- A statement that the information in your notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If the disputed Materials were posted by a third party identifiable through reasonable efforts, we will provide reasonable notice of the claim to the third party. If the third party responds with a valid counter-notification, we will provide you with a copy so that you may take any other steps you may consider appropriate.
LOCAL LAWS; EXPORT CONTROL
SkyBoss controls and operates this Web site from its headquarters in the United States of America and makes no representation that these Materials are appropriate or available for use in other locations. You may not use, download or export the Materials in violation of U.S. export laws and regulations. If you use this Web site from other locations, you do so on your own initiative and are responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries.
TRADEMARKS
The trademarks, logos and service marks (“Marks”) displayed on this Web site are the property of SkyBoss, SkyBoss’s affiliates in the United States and other countries, or third parties. Users are not permitted to use these Marks without the prior written consent of SkyBoss or the third party that owns the Mark. “SkyBoss” is a registered trademark of SkyBoss Software, Inc.
RESTRICTED RIGHTS
The Materials are provided with “Restricted Rights”. Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 227.7202-3 and FAR 52.227-19. Use of the Materials by the Government constitutes acknowledgement of SkyBoss’s proprietary rights in them.
NO WARRANTY
THE SOFTWARE, DOCUMENTS, INFORMATION, AND MATERIALS CONTAINED ON THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER SKYBOSS NOR ITS AFFILIATES (A) REPRESENTS, WARRANTS OR GUARANTEES THAT THIS WEB SITE OR THE INTERNET GENERALLY WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS WEB SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (B) MAKES ANY RESPRESENTATION, WARRANTY OR GUARANTY REGARDING (1) THE OPERATION OR PERFORMANCE OF THIS WEB SITE OR ANY THIRD PARTY SITE, (2) THE NATURE, CONTENT OR ACCURACY OF ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS WEB SITE OR ANY THIRD PARTY SITE, (3) ANY PRODUCT OR SERVICE PURCHASED ON OR THROUGH THIS SITE OR ANY THIRD PARTY SITE OR OBTAINED AS A RESULT OF ANY INFORMATION OR MATERIAL ON THIS WEB SITE, OR (4) THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY SKYBOSS, IT’S AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES THROUGH THIS WEB SITE OR OTHERWISE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
DISCLAIMERS
THE MATERIALS OR CONTENTS OF THIS WEB SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. SKYBOSS OR ITS THIRD PARTY PROVIDERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED IN THIS WEB SITE AT ANY TIME WITHOUT NOTICE. IN ADDITION, CHANGES ARE PERIODICALLY MADE TO THE INFORMATION CONTAINED IN THIS WEB SITE. SKYBOSS WILL STRIVE TO INCORPORATE SUCH CHANGES IN NEW EDITIONS OF THE WEB SITE, HOWEVER, SKYBOSS MAKES NO COMMITMENT TO UPDATE THE MATERIALS OR CONTENT OF THIS WEB SITE.
