Terms of Service
By using the Skribit service you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time (collectively, the "Terms of Use") without modification. We may update the Terms of Service without notice to you, and you are responsible for checking the most current version of the Terms of Service and our privacy policy.
1. USE OF SERVICES
In consideration of your use of Skribit, you represent that you are of legal age to form a binding contract, are not a minor under the age of 13, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of the services offered by Skribit. You are responsible for maintaining the confidentiality of your Skribit account password, and are responsible for all activities that occur under your account. You agree to immediately notify Skribit of any unauthorized use of your password or account or any other breach of security. Skribit cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 1. Skribit reserves the right to refuse service to anyone at any time without notice for any reason.
2. APPROPRIATE CONDUCT
You understand that all information and keywords ("Data") gathered by the Skribit service are the sole responsibility of the person from which the website originated. You understand that by using Skribit services, you may be exposed to content that is offensive, indecent or objectionable. You agree that you are responsible for your own website while using Skribit and for any consequences thereof. You agree to use Skribit only for purposes that are legal, proper and in accordance with these Terms of Use and any applicable policies or guidelines. And you also agree and understand that your account will be terminated immediately, without notice, if you fail to comply with Skribit's Terms of Use agreement. By way of example, and not as a limitation, you agree that by visiting Skribit, using its services and discussion forum, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Post or catalyze any inappropriate, defamatory, infringing, obscene, or unlawful content;
- Post comments, email other users or transmit or any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such content;
- Post, email or transmit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, these Terms of Service or any applicable policies or guidelines;
- Use Skribit services in the use of creating link spam (including unwanted blog comments), splogs (nonsensical or useless websites), screen-scrapes (webpages consisting entirely of keywords and no other useful content) or similar online cybergraffiti that violates the Terms of Use of other blogging software and/or search engines;
- Impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
- Restrict or inhibit any other user from using Skribit services;
- Use Skribit services for any illegal or unauthorized purpose such as reselling your data;
- Remove any copyright, trademark or other proprietary rights notices contained in or on Skribit services;
- Interfere with or disrupt Skribit services or servers or networks connected to Skribit services, or disobey any requirements, procedures, policies or regulations of networks connected to Skribit services;
- Use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of Skribit services or collect information about users for any unauthorized purpose;
- Imply that your opinion, website, service, and/or product is sponsored or endorsed by Skribit;
- Create or edit user accounts by automated means or under false or fraudulent pretenses;
- Promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual;
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside and to comply with any other local laws affecting the transmission or posting of content or affecting the privacy of persons.
3. SKRIBIT PRIVACY POLICY
For information about our data protection practices, please see our at Privacy Policy.
You understand that the technical processing and transmission of Skribit services, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
4. PROPRIETARY RIGHTS
SKRIBIT'S RIGHTS
You acknowledge and agree that Skribit and any necessary software used in connection with Skribit services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through Skribit services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Skribit or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, reverse engineer or create derivative works based on Skribit services, the Software, or the data collected on your behalf, in whole or in part.
YOUR RIGHTS
Skribit claims no ownership or control over any Data collected, posted or displayed by you on or through Skribit. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to all Data collected on behalf of your website(s) through Skribit and you are responsible for protecting those rights, as appropriate. These rights are limited per Section 8 of the Terms and Conditions.
By submitting to the Skribit service or the Skribit blog, which are intended to be available to the general public, you grant Skribit a worldwide, non-exclusive, royalty-free license to reproduce, modify, adapt, publish, and otherwise use, with or without attribution such posts on the Skribit forum solely for the purpose of displaying, distributing and promoting Skribit services. This license terminates when such content is deleted from the Skribit service to which you originally submitted. Skribit reserves the right to syndicate your Skribit posts displayed by you and use that content in connection with any of the services offered by Skribit.
5. POLICIES REGARDING COPYRIGHT,TRADEMARKS, AND BRAND IDENTITY
It is our policy to respond to notices of alleged infringement that comply with the United States' Digital Millennium Copyright Act or other applicable law.
You are free to incorporate Skribit's trade names, trademarks, service marks, logos, domain names, and other distinctive brand identities in reviewing the Skribit service provided that you reproduce them accurately and in good faith of portraying the service to meet with Skribit's approval. Skribit also requires that you attribute each instance properly, for instance, with a URL to the Skribit website (http://www.Skribit.com).
By posting to the Skribit service, you authorize Skribit to use your trademarks, service marks, trade names, proprietary logos, domain names and any other source or business identifiers in connection with Skribit's authorized distribution of the post.
6. LICENSE
Skribit grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single website; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to Skribit services. You agree not to access Skribit by any means other than through the interface that is provided by Skribit for use in accessing Skribit services.
7. NO RESALE OF SERVICE OR DATA COLLECTED ON YOUR BEHALF
You agree not to reproduce, duplicate, copy, sell, trade, reverse engineer, or resell any portion of Skribit services or data collected on your behalf, use of Skribit services, or access to Skribit services.
8. MODIFICATIONS, TERMINATIONS
Skribit reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Skribit service (or any part thereof) with or without notice. You agree that Skribit shall not be liable to you or to any third party for any modification, suspension or discontinuance of Skribit services.
9. TERMINATION
Account Cancellation
You understand that Skribit may terminate your account as per Section 7, Usage.
You also understand that failure to comply with Skribit's Terms of Use agreement will result in an immediate termination of your account, without warning.
Skribit may at any time and for any reason, including a period of account inactivity, terminate your access to Skribit services, terminate this Terms of Use, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system. Except as set forth above or if Skribit has previously canceled or terminated your use of Skribit services (in which case subsequent notice by Skribit shall not be required), if you have provided an alternate email address, Skribit will notify you via email of any such termination or cancellation, which shall be effective immediately upon Skribit's delivery of such notice. Sections 13 through 18 of the Terms of Use (including the section regarding limitation of liability), shall survive expiration or termination.
10. LINKS
Skribit services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Skribit has no control over such sites and resources, you acknowledge and agree that Skribit is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Skribit shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
11. SERVICE LEVELS
Skribit periodically schedules system downtime for maintenance and other purposes and will make all best efforts to notify you in advance. Unplanned system outages also may occur. Skribit does not guarantee, and shall have no liability for, any Service down time (i) caused by outages to any public Internet backbones, networks or servers, (ii) caused by any failures of your equipment, systems or local access services, (iii) for previously scheduled maintenance, or (iv) relating to events beyond Skribit's control such as, but not limited to, strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where Skribit or your servers are located or co-located.
12. INDEMNIFICATION
You agree to hold harmless and indemnify Skribit, and its parent, affiliates, officers, agents, employees, advertisers or partners, from and against any claim by a third party arising from or in any way related to your use of Skribit services, violation of these Terms of Service or any other actions connected with use of Skribit services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Skribit will provide you with written notice of such claim, suit or action.
13. LIMITATION OF LIABILITY
You expressly understand and agree that Skribit, its parent, affiliates, officers, agents, employees, advertisers or partners, 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 (even if Skribit has been advised of the possibility of such damages) resulting from: (i) the use or the inability to use Skribit services; (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 Skribit services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on Skribit services; or (v) any other matter relating to Skribit services.
SKRIBIT'S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AGGREGATE FEES PAID TO SKRIBIT FOR USE OF THE SERVICE.
Even if Skribit, its suppliers or licensors have been advised of the possibility of such damages, certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
14. REPRESENTATIONS AND WARRANTIES; DISCLAIMERS
You expressly understand and agree that:
Your use of Skribit services is at your sole risk. Skribit services are provided on an "as is" and "as available" basis. Skribit expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Skribit makes no warranty that (i) Skribit services will meet your requirements, (ii) Skribit services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of Skribit services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through Skribit services will meet your expectations, and (v) any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of Skribit services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system 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 Skribit or through or from Skribit services shall create any warranty not expressly stated in the terms of service.
While Skribit prohibits the above conduct in connection with Skribit, you understand and agree that Skribit may or may not pre-screen its services and forum but shall have the right (yet not the obligation) in its sole discretion to pre-screen, refuse or move any Data captured in Skribit or posts made to the discussion forum. You also understand and agree that you nonetheless may be exposed to such conduct and/or content and that you use Skribit at your own risk.
15. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third party beneficiaries to the Terms of Use.
16. MODIFICATIONS TO TERMS OF SERVICE AND OTHER POLICIES
Skribit reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy governing the Service, at any time, by posting the new agreement to the Skribit website located at http://www.skribit.com/terms (or such other URL as Skribit may provide). You are responsible for regularly reviewing the policy.
You agree that Skribit may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or forum posts on Skribit services.
17. GENERAL INFORMATION
Entire Agreement. The Terms of Service constitute the entire agreement between you and Skribit and govern your use of Skribit services, superseding any prior agreements between you and Skribit. You also may be subject to additional terms and conditions that may apply when you use certain other Skribit services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The Terms of Use and the relationship between you and Skribit shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions. You and Skribit agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Fulton, Georga.
Choice of Language. The terms of Use and any official communication between you and Skribit shall be in English without regard to any content on the Skribit website in other languages. Any English content on the website supersedes any similar content on the Skribit website in other languages.
Waiver and Severability of Terms. The failure of Skribit to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Service 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 Terms of Use remain in full force and effect.
Statute of Limitations. 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 Skribit services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section headings in the Terms of Service are for convenience only and have no legal or contractual effect.
