Note: These Business Terms of Service are effective as of January 14, 2014.
a. Who can use Skigit. You may use our Products only if you can form a binding contract with Skigit, and only in compliance with these Terms and all applicable laws. When you create your skigit account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades. b. Our license to you. Subject to these Terms and our policies (including our Acceptable Use Policy and Rules for Business Skigits), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.
a. Posting content. Skigit allows you to post content, including video, comments, and other materials. Anything that you post or otherwise make available on our Products is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to skigit. b. How skigit and other users can use your content. You grant skigit and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, share, post, modify, create derivative works, perform, and distribute your User Content on skigit solely for the purposes of operating, developing, providing, and using the Products. Nothing in these Terms shall restrict other legal rights skigit may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies. c. How long we keep your content: Following termination or deactivation of your account, or if you remove any User Content from skigit, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, skigit and its users may retain and continue to use, store, display, reproduce, post, share, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through skigit. d. Your responsibility for your content: i. To skigit and our community. skigit provides a creative and positive place for you and other users to post and share videos of the things you love. To keep it that way, you must abide by our guidelines and comply with our policies, including our Acceptable Use Policy and Rules for Business Skigits. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise use our Products without our permission. ii. To third parties. skigit respects the rights of third party creators and content owners, and expects you to do the same. You therefore agree that any User Content that you post to skigit does not and will not violate any law or infringe the rights of any third party. e. Feedback you provide: We value hearing from our users, and are always interested in learning about ways we can make skigit more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, skigit does not waive any rights to use similar or related Feedback previously known to skigit, or developed by its employees, or obtained from sources other than you.
Tools for Site Owners
a. Site Features. We offer products that web sites and developers can use to offer skigit features and functionality to their users (e.g., the "Post" and "Follow" buttons) ("Site Features"). You agree to use Site Features only as documented by skigit, and in compliance with our policies and branding guidelines. You may not place Site Features on a site or service with content that would violate these Terms if displayed on our Products. You also agree that the skigit features and functionality provided by our Site Features will be provided solely by our Site Features, except as otherwise authorized by skigit.
Skigit has adopted and implemented the Skigit Copyright Policy in accordance with the Digital Millennium Copyright Act. For more information, please read our Copyright Policy.
Logo Usage Agreement
If you do not agree to these terms, you may not join Skigit as a business member.Your business trademarks and logos and related documentation and content will be referred to collectively, as the "Marks". 1. ACKNOWLEDGEMENT You acknowledge by your access to our web site ("Site") and acceptance of this Agreement that You are an authorized representative of your company and its products and services. 2. USE AND QUALITY STANDARDS You authorize Skigit to use your Marks, and the associated goodwill, in connection with the use of Skigit in the promotion and distribution of your products and services. We will not sell any Mark or grant any other person or entity any right to use the Marks, unless otherwise agreed by you. Skigit will post the Marks on the Site, which may be updated by Skigit without notice from time to time. We will make attempt to make available the most current version of your Marks on the Site. You agree to check the Marks on the Site regularly for changes or discontinuance of any Mark, but in no event less frequently than monthly. Prior to our use of any Mark, You agree to submit a specimen of the proposed use of the Mark to Skigit as requested in your profile. You agree to discontinue the use of any Mark that Skigit deems inappropriate. 3. OWNERSHIP We acknowledge that, as between You and Skigit, You owns all right, title and interest in and to the Marks and their associated goodwill. Skigit further acknowledges that the Marks have acquired secondary meaning in the minds of the public. Skigit receives no rights to the Marks, express or implied, except the limited use rights of this Agreement. Skigit will not register, directly or indirectly, any trademark, service mark, trade name, company name, Internet domain name or other proprietary or commercial right that is identical or confusingly similar to the Marks or that constitute translations thereof. 4. INFRINGEMENT You will immediately notify Skigit if You learn (i) of any potential or actual infringement of the Marks by a third party or (ii) that the use of the Marks may infringe the proprietary rights of a third party that result directly through the use of Skigit. Skigit will determine the steps to be taken under these circumstances. You agree to (i) provide Skigit with the assistance that Skigit may reasonably request and (ii) take no steps on its own without Skigit's prior approval. 5. WARRANTY; DISCLAIMER OF WARRANTY The Marks are provided on an "as is" basis. All warranties or conditions with respect to the Marks, including, but not limited to, any implied warranties of merchantability, fitness for particular purpose, satisfactory quality, are hereby overridden, excluded and disclaimed. Under no circumstances will Skigit be liable for any consequential, indirect, special or incidental damages or losses, whether foreseeable or unforeseeable, based on your claims or those of your dealers or customers (including claims for loss of goodwill, profit, use of money, stoppage of work or other impairment of assets), arising out of breach or failure of warranty, breach of contract, misrepresentation, negligence, strict liability in tort or otherwise, even if advised of the possibility of such damages. In no event shall Skigit's total liability for all damages, losses and causes of action, whether in contract, tort (including, but not limited to, negligence) or otherwise exceed the amount paid by you to Skigit, if any, for the use of the marks. 6. COMPLIANCE WITH LAW You will take all reasonable steps to ensure that your use of the Marks complies with all applicable laws and regulations where You promote and distribute the your products and services through Skigit. 7. INDENTIFICATION You agree to defend, indemnify and hold Skigit and its subsidiaries, affiliates, agents, employees, officers, shareholders and directors (collectively, the "Indemnified Parties") harmless from and against any liability, loss, damage, demand, claim, cost, judgment, award, interest, penalty and expense resulting from, based upon, arising out of or relating to any claims, suits, actions, charges or proceedings brought against the Indemnified Parties arising from any third-party claim that your use of the Marks on Skigit infringes or violates the intellectual property rights or other proprietary rights of a third-party. 8. MISCELLANEOUS This Agreement, and the distribution agreement that You may have with Skigit or its affiliates states the entire agreement between us with respect to the Marks and overrides all prior statements, terms and representations. If any provision of this Agreement is declared unenforceable, it will be severed, and the remainder of the Agreement will continue in full force and effect.
We care about the security of our users. While we work to protect the security of your content and account, skigit cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account. For accounts created on behalf of a company, organization, or other entity, you are responsible for ensuring that only authorized individuals have access to the account.
Third-party Links, Sites and Services
Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by skigit. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from skigit, you do so at your own risk and you agree that skigit will have no liability arising from your use of or access to any third-party website, service, or content.
Skigit may terminate or suspend this license at any time, with our without cause or notice to you. Upon termination, you continue to be bound by Sections 2, 3(b), and 7-13 of these Terms.
You agree to indemnify and hold harmless skigit and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.
The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied. skigit SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Skigit takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, skigit SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL SKIGIT'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE PRODUCTS EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNTS PAID BY YOU TO SKIGIT FOR THE PAST THREE MONTHS FOR THE PRODUCTS.
For any dispute you have with skigit, you agree to first contact us and attempt to resolve the dispute with us informally. If skigit has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and skigit agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that skigit will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND skigit ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Governing Law and Jurisdiction
These Terms shall be governed by the laws of the State of Florida, without respect to its conflict of laws principles.