skippd initial.rev60.1-signed

End-User License Agreement

skippd requires that you accept the following End-User License Agreement before installation can proceed:

August 20, 2011
http://www.skippd.com/terms.php

Introduction

Welcome to skippd.com. By using skippd.com and our related sites, services, and tools (the "Services"), you agree to the following terms of service (these "Terms"). You are authorized to access the Services only if you accept these Terms, which are a legally binding agreement between you and us. These Terms include this document, our Privacy Notice, and any of our other policies, rules, or guidelines linked from this document.

In order to use the Services, you must first agree to these Terms. You may not use the Services if you do not accept the Terms. You can accept these Terms by clicking to accept or agree to them, where we provide such an option in the user interface of the Services. You also accept these Terms by using the Services, and you understand agree that we will treat your use of the Services as acceptance of these Terms from that point onwards.

If you are not of legal age to form a legally binding contract with us, or if you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services, then you may not accept the Terms or use the Services.

We may make changes to these Terms from time to time. When we do so, we will post updates at this location, and new Terms will be made available to you through the Services. You understand and agree that if you use the Services after the date on which the Terms or have changed, we will treat your use as acceptance of the updated Terms.

Before you continue, we recommend you save or print a copy of these Terms for your records.

Your account and use of the Services

To use the Services, you may be required to create an account with us. You are responsible for maintaining the confidentiality of your password or other authentication credentials associated with your account, and you understand and agree that you will be solely responsible for all activities that occur under your account.

You agree that your use of and conduct on the Services shall be lawful and will not:

include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
include profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language;
defame, libel, ridicule, mock, disparage, threaten, harass, intimidate or abuse anyone;
promote violence, illegal drug use, or substance abuse or describe how to perform a violent act, use illegal drugs or abuse other substances;
violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity;
use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
be in violation of these Terms, any local, state, federal or international law, rule or regulation or the rules of conduct posted with respect to any individual feature of the Services;
reveal any personal information about another individual, including another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual, without permission;
attempt to impersonate any other party;
create user accounts by automated means or under false pretenses or mislead others as to the origins of your communications;
trick, defraud or mislead us or other users, especially in any attempt to learn sensitive account information such as passwords;
make improper use of our support services or submit false reports of abuse or misconduct;
create or transmit unwanted electronic communications such as "spam," to other users or members of the Services or otherwise interfere with other users' or members' enjoyment of the Services;
disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services;
disseminate or transmit viruses, worms, Trojan horses, remote administration tools, keyboard loggers, time bombs, spyware, adware, cancelbots, passive collection mechanisms, or any other malicious or invasive code or program or upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices;
copy or adapt the Services. software including but not limited to Flash, PHP, HTML, JavaScript or other code;
reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Services use to generate web pages or any software or other products or processes accessible through the Services;
except as may be the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Service, or use or launch any unauthorized script or other software;
cover or obscure any notice, banner, advertisement or other branding on the Service;
interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on use of or access to the Services;
sell access to the Service or any part thereof including but not limited to credits in exchange for real currency or items of monetary value other than through a mechanism approved by us;
involve cheating or any other activity deemed by us to be in conflict with the spirit or intent of the Services.
otherwise violate any policies applicable to the Service or forum in which you are participating.

If you violate these Terms, we may terminate your account, revoke your contest or entry, or otherwise restrict your access to and use of the Services. You understand and agree that this action may result in your losing access to your account and your account details or any files or other content which is contained in your account.
Provision of the services

You acknowledge and agree that the form and nature of the Services which we provide may change from time to time without prior notice to you. You acknowledge and agree that we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at our sole discretion, without prior notice to you.

You acknowledge and agree that while we may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by us at any time, at our discretion.
Intellectual property policy

It is our policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers.

If you believe your legal rights have been or are being violated by a user of the Service, you may contact us by sending feedback.
Content license from you

You retain copyright and any other rights you already hold in content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give us a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling us to display, distribute and promote the Services.

You understand that we, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your content over various public networks and in various media; and (b) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit us to take these actions.

You confirm and warrant to us that you have all the rights, power and authority necessary to grant the above license.

Other than the limited licenses set forth in these Terms, we acknowledge and agree that we obtain no right, title or interest from you (or your licensors) under these Terms in or to any content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with us, you agree that you are responsible for protecting and enforcing those rights and that we have no obligation to do so on your behalf.
Proprietary rights and license from us

You acknowledge and agree that we (or our licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by us and that you shall not disclose such information without our prior written consent.

Unless you have agreed otherwise in writing with us, nothing in the Terms gives you a right to use any of our trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.

We give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by us as part of the Services as provided to you by us (referred to as the "Software" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us, in the manner permitted by the Terms.

Unless we have given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Services, grant a security interest in or over your rights to use the Services, or otherwise transfer any part of your rights to use the Services.
Software updates

The Software which you use may automatically download and install updates from time to time from us. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit us to deliver these to you) as part of your use of the Services.
Ending your relationship with us

The Terms will continue to apply until terminated by either you or us as set out below. If you want to terminate your legal agreement with us, you may do so by (a) notifying us at any time and (b) closing your accounts for all of the Services which you use, where we have made this option available to you. Your notice should be sent using the feedback form.

We may at any time terminate our legal agreement with you if you have breached any provision of the Terms (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or we are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or the partner with whom we offered the Services to you has terminated its relationship with us or ceased to offer the Services to you; or if the provision of the Services to you is, in our opinion, no longer commercially viable.

When these Terms come to an end, all of the legal rights, obligations and liabilities that you and we have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation. The provisions of the paragraph below regarding governing law and jurisdiction shall continue to apply to such rights, obligations and liabilities indefinitely.
About us / Miscellaneous

skippd.com is created by FreePoint Inc.

The Terms constitute the whole legal agreement between you and us and govern your use of the Services (but excluding any services which we may provide to you under a separate written agreement), and completely replace any prior agreements between you and us in relation to the Services.

You agree that if we do not exercise or enforce any legal right or remedy which is contained in the Terms (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

The Terms, and your relationship with us under the Terms, shall be governed by the laws of the Province of Ontario without regard to its conflict of laws provisions. You and we agree to submit to the exclusive jurisdiction of the courts located within the county of Province of Ontario to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that we shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

You agree that you are not a third-party beneficiary of these terms as they may be applied to other users of the Service, and that we have no obligation to enforce these Terms.
EXCLUSION OF WARRANTIES

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". IN PARTICULAR, WE AND OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

WE FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

LIMITATION OF LIABILITY

SUBJECT TO OVERALL PROVISION IN THE SECTION ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES; (II) ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (III) YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; (IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

THE LIMITATIONS ON OUR LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless us, our affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services.

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