The following terms and conditions govern all use of (i) the [www.PoundSky.com] website (the Site) and all of the services and products available at or through the Site (including, without limitation, the #Sky service accessible through your mobile phone and the PoundSKY.com mobile Internet website), (taken together, the Service(s)). The Service is owned and operated by SkyClix, Inc. (SkyClix). The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by SkyClix (collectively, the Terms of Use).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING THE SERVICE. BY ACCESSING ANY PART OF THE SERVICE, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THESE TERMS OF USE, THEN YOU MAY NOT USE OR ACCESS SERVICE, OR ANY PART THEREOF. SKYCLIX'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE, TO THE EXCLUSION OF ALL OTHER TERMS. IF THESE TERMS OF USE ARE CONSIDERED AN OFFER BY SKYCLIX, YOUR ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
In addition, some services offered through the Service may be subject to additional terms and conditions; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.
The Service is available only to individuals who are at least 18 years old or possess legal parental or guardian consent. If you do not so qualify, do not attempt to use the Service. SkyClix may refuse to offer the Service to any person or entity at any time and may change its eligibility criteria, at any time, in its sole discretion.
SkyClix reserves the right, at its sole discretion, to modify or replace any of the Terms of Use at any time. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
SkyClix may, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to these Terms of Use. Your continued use of the Service after the introduction of new features and/or services constitutes your acceptance of the Terms of Use as changed or modified.
SkyClix's current privacy policy is available at legal.PoundSKY.com (the Privacy Policy), which is incorporated by this reference. For inquiries in regard to the Privacy Policy, or to report a privacy related problem, please contact info@SkyClix.com.
The Service (including without limitation, the Site and any content, documents or other information made available on or through the Site) is provided only for your own personal use. Any unauthorized use of the Service is expressly prohibited. For purposes of these Terms of Use, "content" includes, without limitation, any information or data (including, information or data provided by SkyClix, its partner, or third parties), text, software, scripts, graphics, photos, and interactive features.
You promise not to use the Service for any purpose that is unlawful or prohibited by these Terms of Use. You agree to abide by all applicable local, state, national and international laws and regulations.
By way of example, and not as a limitation, you agree not to take any action that:
You will not use any robot, spider, scraper or other automated means to access the Service for any purpose without SkyClix's express written permission. Additionally, you will not: (i) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (ii) bypass any measures SkyClix may use to prevent or restrict access to the Service.
You shall not (and you shall not permit others to), directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of the Service (except to the limited extent applicable laws specifically prohibit such restriction); or copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. In addition, you shall not remove any proprietary notices or labels.
You may not harvest or collect information, including screen names, about other users of the Service. The use of any information learned through the Service or while in the Site is limited to the express purposes set forth in these Terms of Use; all other uses, including, without limitation, sending unsolicited bulk e-mail, are strictly prohibited.
SkyClix may, at its sole discretion, immediately terminate your access to the Service should your conduct fail to conform strictly with the terms or conditions of these Terms of Use, including with any provision of this section.
As a condition to using Services, you may be required to register with SkyClix by providing information to be specified during the registration process and entering your mobile phone number ("SkyClix User ID"). You shall provide SkyClix with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your SkyClix account. In addition, you agree to maintain and update your registration information to ensure that it is accurate and complete at all times. You may not (i) select or use as a SkyClix User ID a name of another person with the intent to impersonate that person; (ii) use as a SkyClix User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a SkyClix User ID a name that is otherwise offensive, vulgar or obscene. SkyClix reserves the right to refuse registration of, or cancel a SkyClix User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your SkyClix password. You may never use another user's account without such other user's express permission. You will immediately notify SkyClix in writing of any unauthorized use of your account, or other account related security breach of which you are aware. YOU ACKNOWLEDGE AND AGREE THAT (I) THE #SKY MOBILE SERVICE MAY REQUIRE THAT YOU SUBMIT LOG-IN INFORMATION WITH RESPECT TO ACCOUNTS YOU HAVE WITH THIRD PARTIES AND (II) IN USING OR OTHERWISE ACCESSING THE #SKY MOBILE SERVICE, SKYCLIX WILL BE INTERACTING WITH SUCH THIRD PARTIES (AND THEIR WEBSITES) ON YOUR BEHALF.
Third Party Sites.
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site (for example, the #Sky mobile service may provide you with a means to purchase or otherwise access products and services through third party websites). These other websites (and the third parties that control or otherwise operate such websites) are not under SkyClix's control, and you acknowledge that SkyClix is not responsible or liable for the products or services provided by such third parties, or the content, functions, accuracy, legality, appropriateness or any other aspect of their websites. The inclusion of any such link does not imply endorsement by SkyClix or any association with its operators. You further acknowledge and agree that SkyClix shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the purchase or use of, or reliance on, any products, services or content available through any third party website or resource.
Fees.
Some Services may require payment of fees. You shall pay all applicable fees, as described on the Site (or your mobile phone) in connection with such Services selected by you. Company reserves the right to change its price lists and to institute new charges at any time, upon ten (10) days prior notice to you, which may be sent by email or posted on the Site.
Content.
You agree that the Service contains content specifically provided by SkyClix or its partners and that such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by SkyClix in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such content. Use of the content for any purpose not expressly permitted in these Terms of Use is prohibited.
Termination.
SkyClix may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate these Terms of Use or your SkyClix account (if you have one), you may simply discontinue using the Service. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
No Warranties.
THE SERVICE, SITE AND ALL CONTENT, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" THE FOREGOING ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. FOR CLARITY, NEITHER SKYCLIX NOR ITS AGENTS, PARTNERS OR SUPPLIERS MAKES ANY WARRANTIES OF ANY KIND IN REGARD TO ANY PRODUCTS OR SERVICES YOU PURCHASE OR OTHERWISE ACCESS THROUGH THE #SKY MOBILE SERVICE.
Limitation of Liability.
IN NO EVENT SHALL SKYCLIX BE LIABLE WITH RESPECT TO THE SUBJECT MATTER OF THESE TERMS OF USE (I) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES, OR (II) FOR ANY AMOUNT IN EXCESS OF US$100.00. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO SUBSCRIBER.
Indemnification.
You agree to indemnify, defend and hold harmless SkyClix, its officers, directors, employees, agents, licensors, suppliers and any third party providers of information or services to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or otherwise from your use of the Service (including, without limitation, your purchase or use of, or access to, the products or services of any third party).
International Use; Compliance with Laws.
SkyClix makes no representation that the Service is appropriate or available for use in locations outside of the United States of America, and accessing the Service is prohibited from territories where such services are illegal. You are responsible for compliance with all local laws and regulations (foreign and domestic). Use of the Service is not authorized in any jurisdiction (foreign or domestic) that does not give effect to all provisions of these Terms of Use, including without limitation, this section.
Dispute Resolution.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules. Any controversy or claim arising out of or relating to this Agreement or its subject matter shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS"). Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in San Diego, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, SkyClix may at any time seek injunctive or other equitable relief, at any time, from any court of competent jurisdiction. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Service shall be in the state or federal courts located in San Diego, California and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You and SkyClix agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. In any action or proceeding to enforce rights under these Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees.
Miscellaneous.
These Terms of Use are the entire agreement between you and SkyClix with respect to the Service, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and SkyClix with respect to the Service. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. These Terms of Use and the Services contemplated hereunder are personal to you, and are not assignable, transferable or sublicensable by you except with SkyClix's prior written consent. SkyClix may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect. All notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
Copyright and Trademark Notices.
Unless otherwise indicated, these Terms of Use and all content provided by SkyClix are copyright © 2007 SkyClix, Inc. All rights reserved.
SkyClix, #SKY, PoundSKY, and the SkyClix and #SKY logos are either trademarks or registered trademarks of SkyClix, Inc. The names of actual companies and products mentioned at the Site (or otherwise through the Service) may be the trademarks of their respective owners.
Violations.
Please report any violation of these Terms of Use by contacting SkyClix at info@SkyClix.com.