Present User’s Agreement (further – «Agreement») is an official, written, public tender of Developer, which addresses to indefinite coterie - Users of browser add-on “Skyload” (further named «Parties», or separately as «Party»).
The use of Skyload add-on is permitted on the basis of the present Agreement only.
If User does not fully accept the Agreement, the User will not have right to use Skyload add-on for any indefinite purpose and will be obliged to stop the use of Skyload add-on (including the installation process).
The use of Skyload add-on which violates (or do not follow) any of the terms of the Agreement is strictly forbidden.
Skyload add-on is aimed at improvement of interaction of User with certain social networks and generally with all websites.
Terms which are used in the present Agreement
Site – site, which is located in the internet under the address https://chrome.google.com/webstore (Google Chrome Store) and/or https://addons.opera.com/extensions/ (Opera add-ons), which contains the application of Skyload add-on, which can be downloaded by the User to his Device, taking in consideration that Skyload add-on also can be installed from http://skyload.io which refers to installation from Google Chrome Store and/or Opera add-ons, as well as many other websites which separately post information about Skyload add-on and provide means to install the Skyload add-on on User’s Device.
Browser add-on “Skyload”, Skyload – software which is installed on the User’s Device and adds the respective feature to the browser. This software is given to the User in terms of the Agreement and remains the property of Developer. The software is aimed at executing certain user’s tasks (including, but not limited by) downloading media files from any sites and designed for direct interaction with the User on his Device.
Device – personal computer (including, but not necessarily, PC, notebook, netbook, desktop) smartphone, tablet or service equipment of User.
Developer – private or legal entity, which developed Skyload add-on for browser, placed it on the website and made it available for Users, in terms of the present Agreement, for free.
User - private or legal entity, which performed the acceptance of the Agreement in correspondence to its terms in order to use Skyload add-on.
Subscription – the form of agreement, according to which User pays certain amount of money on periodical basis in order to get Skyload add-on version without commercials in exchange.
Active Actions of User – result of User’s behavior using Skyload add-on on his device (including but not limited by) downloading media files from any websites.
In the Agreement may be used terms which are not included to this part of the present Agreement. In that case, interpretation of the term will be considered in correspondence with the text of the Agreement. If there will be no unique interpretation of the term in the text of the Agreement it will be conformed to interpretation of the term, first of all, given on the Site, secondly – which took shape in the Internet.
- Acceptance of the Agreement
- Present Agreement comes into effect on the 1st of July 2016.
- For existing Users /Users, who already installed Skyload on their Devices, present agreement takes effect starting from the date of Active Actions of User.
- For new Users/Users, who did not install Skyload on their Devices yet, present agreement takes effect after pressing “Install” or “Add” buttons while installing Skyload on the Device.
- Present Agreement is valid for the whole period of the usage of Skyload by the User.
- By pressing “Install”, “Add” button, User confirms that he is adult, has enough legal competence and capacity, according to the legislation of his country, as well as engages himself to restrict the usage of Skyload by under-age, incapable and legally incapable (including partially incapable) and takes personal responsibility for allowing them to use Skyload.
- By pressing “Install”, “Add” button, User confirms that he is aware that present Agreement can be modified by Developer at any time and that User gives his consent to it.
- The fact of pressing “Install”, “Add” button confirms that User understands his rights and obligations in corpore and that User unconditionally accepts the terms of the present Agreement.
- Acceptance of the terms of the Agreement is equivalent to signing bilateral User’s Agreement of Developer in written form.
- Rights and obligations of Parties
- obliged to familiarize himself with the information about Developer,Developer’s terms of confidentiality and the present Agreement before the installation of Skyload.
- obliged to use Skyload for personal non-commercial purposes.
- does not have right to make changes in Skyload add-on performance.
- does not have right to offer services related to Skyload in order to get financial benefits.
- does not have right to take actions aimed at interruption of Skyload normal performance and to use special programs which contain malware (“viruses”).
- does not have right to spread media files which were obtained by means of Skyload installed on the Device.
- obliged to stop using (including installation process) Skyload and to delete it from his Device if User does not accept the Agreement entirely.
- takes personal responsibility for not authorized usage of rightholder’s media files, downloading media files which violate copyright law, to be exact.
- has right to distribute by any means of Skyload.
- takes aforesaid actions at his own risk.
- has right to modify the functioning of Skyload, interface and/or content of Skyload whether notifying Users about it or not, at any point.
- obliged to provide technical support for Skyload and to provide Users with easy way to communicate regarding any questions related to Skyload functioning which may arise.
- has right to block media files which violate copyright law.
- has right to modify the performance of Skyload while it is used by User, to edit (as well as change), to delete cookies or take any other actions in User’s internet browser, to change standard sebsites’ appearance in User’s internet browser, to add multifunctional buttons with built-in links to 3rd party websites.
- has right to implement promotional materials to any websites.
- has to automatically hide promotional materials (mentioned in clause 2.2.5) for a certain period (depends on type of Subscription) if User has bought Subscription at http://skyload.io.
- Warranties and Responsibility
- User admits and agrees that Skyload is rendered “as is” without warranties of any kind, neither direct nor circumstantial ones.
- User is informed that he has no right to access media files by using Skyload without respective permission of its rightholder if such a restriction was imposed.
- It is User’s responsibility to check the existence of such restrictions.
- Developer does not provide warranties regarding consequences of Skyload usage or Skyload interaction with other software.
- Developer does not guarantee that Skyload may be used for certain purposes. User admits and agrees that the result of Skyload usage may not correspond to User’s expectations.
- Under no circumstances Developer or any other rightholder will be responsible for any circumstantial, accidental or unintentional damage (including loss of profit or damage caused by loss of data) caused while using Skyload or caused by impossibility to use Skyload, including Skyload failure or any other service interruption even if Developer has warned or indicated the possibility of such damage.
- User bears personal responsibility for his actions while using Skyload.
- User bears personal responsibility for observance of 3rd parties rights, applicable laws and present Agreement while using Skyload.
- If violations made by User are detected, Developer may refuse to render services in future or to restrict rendering of services (partially or entirely) whether notifying User or not.
- Limitations of liability
- Developer is not responsible for malfunctioning, errors and faulty operations of Skyload that appeared for reasons beyond the control of Developer.
- Developer does not bear responsibility for the inconveniences caused to User, which may appear while using Skyload or caused by impossibility of Skyload usage.
- While using Skyload, User admits that downloads any media files by means of Skyload at his own risk and takes personal responsibility for any possible consequences of usage of these files, including the damage that it may cause to the User’s Device and to 3rd parties, data loss or any other damage.
- Developer and his representatives shall not be liable to the User or any 3rd parties for any circumstantial, accidental, unintentional damage, including lost benefits or lost data, harm to the honor, dignity or business reputation, caused by the usage of Skyload or any other materials that were accessed by the User by means of Skyload.
- User takes the whole responsibility for authenticity of the information that he provided while authorization on the Site.
- Developer has no means to track User’s activity in terms of downloading media files with help of Skyload.
- It is not Developer’s responsibility to control the legality of the data transferred to User (including media files), to determine the ownership and legality of the data transferred, received or used (including media files).
- Browser add-on “Skyload” does not serve as file storage or FTP server, does not contain electronic version of the data received by User (information and/or materials). Skyload only performs switches queries between User’s Device and server equipment of the website which User interacts with.
- User admits that by means of Skyload it will be possible to get access to information (including media files) illegally posted in the internet. Developer has no means to control the content and legality of data posted (media files) on all the websites. Consequently Developer is not responsible for:
- Content of media files that User received by means of Skyload.
- Consequences of gathering, usage or disuse of the data received by the User (including media files).
- Discrepancy between results received by means of Skyload and User’s expectations.
- Damaging the Device or the User’s software in consequence of data transfer by means of Skyload (including media files).
- Consequences that may lead to spread of illegal or unlicensed media files or any other materials and data that violates intellectual property rights of 3rd parties.
- Parties to the Agreement are released from liability for complete or partial failure to fulfill their obligations under the Agreement if such was a consequence of insuperable circumstances that emerged after the Agreement became effective or as a result of extraordinary events which could not have been foreseen and prevented by reasonable measures.
- Skyload automatic update
- User agrees that occasionally Skyload may perform and install any auto-updates (improvements, up-grades, modifications of Skyload add-on) on User’s Device or make request for update installation.
- Update’s data may include patches, additional packs or completely new Skyload versions. Данные обновления могут иметь форму патчей, дополнительных модулей или полностью новых версий Skyload.
- Hereby, User is informed and accepts Skyload auto-updates, including Skyload request for downloading and installation of the update on User’s Device without any additional notifications.
- User’s private information and Privacy Terms.
- User’s private information is kept and processed only within the Site and shall not be given to 3rd parties.
- User agrees that Developer has right to share User’s personal information with Partners in order to exercise the terms of the present Agreement.
- Developer protects the entire personal information of User, which was received while using Skyload.
- The usage of User’s personal information is regulated by the law that protects personal information.
- Developer takes necessary and sufficient technical and managerial measures in order to protect User’s personal information from not authorized or accidental access, modification, destruction, copying, blocking, spread and other illegal actions undertaken by 3rd parties.
- Source code, design and structure of Skyload is a commercial classified information. User has no right to decompile, disassemble, modify or to derive products based on browser add-on “Skyload”, neither entirely nor partially.
- Information about Developer, which user received during authorization on the Site and Skyload settings are confidential. User has no right to distribute this information without written permission provided by Developer.
- User guarantees that all the terms of the Agreement are understood and he entirely and unconditionally accepts them.
- All the Users’ requests regarding browser add-on “Skyload” are received by Developer to e-mail address: firstname.lastname@example.org
- Developer is obliged to answer the Users’ requests within 6 (six) month from the date of the receipt of the request.
- All the questions related to fulfillment of the Agreement, including any questions regarding its existence, legality, interpretation, application or suspension should be resolved peacefully through negotiations, in the first place.
- In case, disputes will not be solved through negotiations, disputes will be resolved according to legislation of the country where Developer is located.
- Present Agreement is composed in Russian language and may be available for User’s review in other language. In case Russian version differs from Agreement version in other language, the terms of Russian version of the Agreement will be applied.
- If, for certain reasons, one or several clauses of present Agreement will be considered as invalid or without legal effect, it will not affect the validity and actuality of other clauses.