Note: These Terms of Service are effective as of November 14, 2014.  

 

Thank you for using Skigit!

Skigit's products and services are provided by Skigit, Inc. These Terms of Service ("Terms") govern your access to and use of Skigit's website, products, and services ("Products"). Please read these Terms carefully, and  if you have any questions. By accessing or using our Products, you agree to be bound by these Terms and by our Privacy Policy.

Translation:

Every company has its terms. These are ours.

1. Using Skigit

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 Usage Policy), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.

c. Commercial use of Skigit.

If you want to use our Products for commercial purposes you must create a business account and agree to our Business Terms of Service.

Translation:

You can use Skigit unless you're under 13. Also, if your boss is making you use Skigit, you need to set up a business account.

2. Your Content

a. Posting content.

Skigit allows you to post content, including photos, 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 with the exception of content you post for which you receive a company incentive. This content still belongs to you but can only be deleted if you delete your Skigit account. As long as your account is "active" this content will be posted until such time, the endorsing campany closes or "deactivates" their business account with Skigit.

Translation:

If you post your content on Skigit for which you do not receive a company incentive, it still belongs to you but we can show it to people and others can post or share it. If you receive a company incentive for posting content, you can only delete it if you delete your account.

b. Posting YouTube video content.

Skigit allows you to post your YouTube video content using the YouTube share URL. Posting content created by other users could result in a copyright violation and closure of your Skigit account. If you post content from other video creators, make sure the content falls under fair use. Anything that you post or otherwise make available on our Products specific to YouTube, is referred to as "YouTube User Content." You retain all rights in, and are solely responsible for, the YouTube User Content you post to Skigit with the exception of content you post for which you receive a company incentive. This content still belongs to you but can only be deleted if you delete your Skigit account. As long as your account is "active" this content will be posted until such time, the endorsing campany closes or "deactivates" their business account with Skigit.

Translation:

You are allowed to post your YouTube content and that from other YouTube creators on Skigit. Either get written permission from the creator to use it or make sure it falls within fair use before posting, to avoid copyright violations.

c. 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, post, share, modify, create derivative works, perform, and distribute your User Content on Skigit solely for the purposes of operating, developing, providing, and using the Skigit 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.

d. 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.

Translation:

Copies of content shared with others may remain even after you delete the content from your account.

e. Your responsibility for your content:

i. To Skigit and our community. Skigit provides a creative and positive place for you and other users to create videos and share things you love. To keep it that way, you must abide by the Skigit Guidelines and comply with our policies, including our Acceptable Use Policy. 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 not to post any User Content that violates any law or infringes the rights of any third party.

Translation:

Also, don't post porn or spam or be a rude to other members. Oh, and we can actually use your suggestions to make Skigit better.

f. 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.

3. Security

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.

Translation:

You can help us fight spammers by contacting us.

4. 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.

Translation:

Most of that stuff is awesome but we're not responsible when it's not.

5. Termination.

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 and 6-12 of these Terms.

Translation:

We reserve the right to refuse service to anyone.

6. Indemnity

If you use our Products for commercial purposes in violation of Section 1(c), as determined in our sole and absolute discretion, 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.

Translation:

If we are sued because of something your business does on Skigit, you have to pay our costs. Also, you should have created a business account and agreed to our commercial terms in the first place.

7. Disclaimers

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.

Translation:

Unfortunately, people post bad stuff on user-generated content sites like Skigit. We take that kind of thing seriously but you still might run into it before we have a chance to take it down. If you see bad stuff, please report it to us.

8. 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 EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).

Translation:

We are building the best service we can for you but we can't promise it will be perfect. We're not liable for various things. If you think we are, let's try to work it out like adults.

9. Arbitration

For any dispute you have with Skigit, you agree to first co 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.

10. 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. We each agree to submit to the personal jurisdiction of a state court located in Pasco County, Florida or the United States District Court for the Middle District of Florida, for any actions not subject to Section 10 (Arbitration).

Our Products are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.

Translation:

Florida is beautiful this time of year. It's doesn't matter what time of year it is, that's what's so great! Anyway, you'll have to sue us on our turf.

11. General Terms

Notification Procedures and changes to these Terms. Skigit reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.

Translation:

If we're making a big change to the terms, we'll let you know.

Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Skigit without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Entire Agreement/Severability. These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Skigit in connection with the Products, shall constitute the entire agreement between you and Skigit concerning the Products. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Skigit'sfailure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

U.S. Government Agencies: If you are a United States federal government agency, your use of Skigit is subject to our Business Terms of Service and this amendment.

Translation:
These three legal passages are part of just about every online terms agreement. Basically, they ensure that a deal is a deal when you're using a site, including Skigit.

 

Copyright Policy

Skigit respects the intellectual property rights of others and expects its users to do the same. It is Skigit's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf. Skigit will respond expeditiously to claims of copyright infringement committed using the Skigit website (the "Site") that are reported to Skigit's Designated Copyright Agent, identified in the sample notice below.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to Skigit's Designated Copyright Agent. Upon receipt of the Notice as described below, Skigit will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site. DMCA Notice of Alleged Infringement ("Notice").

1. Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.


2. Identify (i) the material that you claim is 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, including at a minimum, if applicable, the URL of the  link shown on the Site where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be  infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the Site where such reference or link may be found.


3. Provide your mailing address, telephone number, and, if available, email address.


4. Include both of the following statements in the body of the Notice:

"I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such   material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."

"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."



5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to Skigit's Designated Copyright Agent:

Skigit Copyright Agent
7013 Derwent Glen Circle
Land O Lakes, Florida 34637
Email: copyright@skigit.com

NOTE: You may also use the web form that we provide below.

Copyright Complaint Form

What if I receive a Copyright Complaint (DMCA) notification?

If you receive a notification that a Skigit has been removed due a copyright complaint, it means that the Skigit's content has been deleted from Skigit at the request of the content's owner. If your account receives too many copyright complaints, you may lose the ability to post new content on Skigit, and your account may be disabled completely.
If you believe a Skigit was removed in error, you have the option to file a counter-notice by following the steps below. When we receive a valid counter-notice, we will forward a copy to the person who filed the original complaint. If we do not receive notice within 10 business days that the submitter of the original complaint is seeking a court order to prevent further infringement of the content at issue, we will remove the complaint from your account's record, and we may replace the content that was removed.
Note: There are legal and financial consequences for fraudulent and/or bad faith submissions. Before submitting a counter-notice, be sure that you are the actual rights holder of the removed content or that you have a good faith belief that the material was removed in error, and understand the repercussions of submitting a false claim.

How to File a Counter-Notice

1. Email your counter-notice to copyright@Skigit.com.


Include ALL of the following:


1. Your name, address, and telephone number.


2. DMCA ID printed at the bottom of the notification email.


3. The source address of the content that was removed (copy and paste the link in the notification email).


4. A statement under penalty of perjury that you have a good faith belief that the content was removed in error.


5. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Skigit may be found, and that you will accept service of process from the person who provided the original complaint under subsection (c)(1)(C) or an agent of such person.


6. A physical or electronic signature (for example, typing your full name).