Skoach Terms of Service

By using the Skoach.com (“Service”), a service of ADD Friendly Solutions, LLC (“Skoach”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”, or TOS).

Skoach reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://wiki.skoach.com/Skoach/TermsOfService

Violation of any of the terms below will result in the termination of your Account. While Skoach prohibits such conduct and Content on the Service, you understand and agree that Skoach cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms

  1. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  2. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  3. Your login may only be used by one person; a single login shared by multiple people is not permitted.
  4. You are responsible for maintaining the security of your account and password. Skoach cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  5. You are responsible for all Content posted and activity that occurs under your account .
  6. One person or legal entity may not maintain more than one free (trial) account.
  7. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Payment, Refunds, Upgrading and Downgrading Terms

  1. A valid credit card is required for paying accounts. Free (trial) accounts are not required to provide a credit card number.
  2. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
  3. All paying plans are auto-renewable. Therefore, unless you cancel Service, your credit card will be automatically billed at the beginning of each billing cycle.
  4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
  5. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
  6. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Skoach does not accept any liability for such loss.

Cancellation and Termination

  1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the “My Account” link in the global navigation bar at the top of the screen. The Account screen provides a simple no questions asked cancellation link.
  2. All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
  3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
  4. Skoach, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Skoach service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Skoach reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

  1. Skoach reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change with 7 days notice. Such notice may be provided at any time by posting the changes to the Skoach Site http://skoach.com/ or the Service itself.
  3. Skoach shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

  1. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by posting information on the Skoach forum or Skoach blog, you agree to allow others to view and share your Content.
  2. Skoach does not pre-screen Content, but Skoach and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
  3. The look and feel of the Service is copyright©2006-2008 Skoach, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Skoach.

General Conditions

  1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  2. Technical support is only provided to paying account holders and is only available via email.
  3. You understand that Skoach uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Skoach, or any other Skoach service.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Skoach.
  6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Skoach customer, employee, member, or officer will result in immediate account termination.
  8. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  9. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
  10. You must not transmit any worms or viruses or any code of a destructive nature.
  11. Skoach does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  12. The failure of Skoach to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Skoach and govern your use of the Service, superceding any prior agreements between you and Skoach (including, but not limited to, any prior versions of the Terms of Service).
  13. Questions about the Terms of Service should be sent to support@skoach.com
  14. The TOS constitute the entire agreement between you and Skoach® and govern your use of the service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Skoach® services. The TOS and the relationship between you and Skoach® shall be governed by the laws of the state of California without regard to its conflict of law provisions. You and Skoach® agree to submit to the personal and exclusive jurisdiction of (Missouri) state and federal law. The failure of Skoach® to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such rights or provisions. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
  15. No advice or information, whether oral or written, obtained by you from Skoach® or through or from the service shall create any warranty not expressly stated in the TOS

Your registration obligations

You agree to: (a) provide true, accurate, current and complete information about yourself. If you provide any information that is untrue, inaccurate, not current or incomplete, or Skoach® has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Skoach® has the right to suspend or terminate your account and refuse any and all current or future use of the service (or any portion thereof).

Privacy policy

Registration data and certain other information about you is subject to our privacy policy. For more information, see our full privacy policy at http://wiki.skoach.com/Skoach/PrivacyPolicy.

Member account, password and security

You will create an account, ID, and password by completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Skoach® of any unauthorized use of your password or account or any other breach of security. Skoach® cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Member conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such content originated. This means that you, and not Skoach®, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via the service. Skoach® does not control the content posted via the service and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Skoach® be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the service.

You acknowledge, consent and agree that Skoach® may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Skoach®, its users and the public.

No resale of service

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the service (including your Skoach® i.d.), use of the service, or access to the service.

General practices regarding use and storage

You acknowledge that Skoach® may establish general practices and limits concerning use of the service. You agree that Skoach® has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the service. You acknowledge that Skoach® reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Skoach® reserves the right to modify these general practices and limits from time to time.

Indemnity and Limitation of Liability

You agree to indemnify and hold Skoach®, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the service, your use of the service, your connection to the service, your violation of the TOS, or your violation of any rights of another.

You expressly understand and agree that Skoach® shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from: (i) the use of or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.

© 2007 - 2009 Skoach All Rights Reserved.

 
Copyright © Skoach 2006-2010.