Privacy Policy
1. LICENSE
1.1. Governing Agreement
The terms of this agreement (“Terms of Service” or “Terms”) govern the relationship between you and Skylab Apps, Inc. (hereinafter “Skylab” or “Us” or “We”) regarding your use of Skylab’s applications and related services, which include applications for mobile devices and Skylab branded websites (the “Service”).
In either case “Skylab” includes Affiliates, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership.
1.2. Privacy Policy
Use of the Service is also governed by Skylab’s Privacy Policy, which is incorporated herein by reference. Your privacy is important to Us. We designed Skylab’s Privacy Policy to make important disclosures about how We collect and use your content and information and how you can use the Service to share such information with others. We encourage you to read the Skylab Privacy Policy carefully and use it to make informed decisions.
By creating an account or accessing or using the Service you accept and agree to be bound by these Terms of Service and consent to the collection, use and storage of your information as outlined in Skylab’s Privacy Policy.
1.3. Updates to the Terms of Service and Skylab Privacy Policy
Skylab reserves the right, at our discretion, to change, modify, add or remove portions of these Terms of Service and its Privacy Policy at any time by posting the amended Terms on or within the Service. You may also be given additional notice, such as an e-mail message or messaging within the Service, of any changes. You will be deemed to have accepted such changes by continuing to use the Service. Except as otherwise stated, all amended terms shall automatically be effective 30 days after they are initially posted. Skylab may also revise other policies, codes or rules at any time, and the new versions will be available at www.Skylab.com or in the Service. No amendment to the Terms of Service or Privacy Policy shall apply to any dispute of which Skylab had actual notice before the date of the amendment.
This agreement may not be otherwise amended except in a writing hand signed by you and Us. For purposes of this provision, “writing” does not include an e-mail message and a signature does not include an electronic signature.
If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Skylab Privacy Policy, or any other Skylab policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate and you must immediately stop using the Service.
To the extent the Terms of Service or Skylab Privacy Policy conflict with any other Skylab terms, policy, rules or codes of conduct, the terms contained in these Terms of Service and in the Skylab Privacy Policy shall govern.
1.4. Grant of a Limited License to Use the Service
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Skylab policies, , Skylab grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations in Sections 1.5–1.9 to access and use the Service solely for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
1.5. Accessing the Service
By accessing or using the Service, including browsing any Skylab website or accessing a game, you accept and agree to these Terms of Service and the Privacy Policy. You may also be required to register an account on the Service (an “Account”), have a valid account on the social networking service (“SNS”) through which you connect to the Service, if any, or have an account with the applications provider for your mobile device. You warrant that you are not prohibited from receiving products of U.S. origin, including services or software. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms.
You must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile device that is suitable to connect with and use the Service, in cases where the Service offers a mobile component.
You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the Service.
1.6. Use of the Service
The following restrictions apply to the use of the Service:
a. You shall not create an Account or access the Service if you are under the age of 13;
b. You shall monitor your Account to restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors in connection with your Account. You are responsible for any use of your credit card or other payment instrument (e.g. PayPal and Facebook Credits) by minors;
c. You shall not have more than one Account, per platform or SNS, at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself;
d. You shall not create an Account or use the Service if you are a convicted sex offender;
e. You shall not have an Account or use the Service if you have previously been removed by Skylab or previously been banned from playing any Skylab game;
f. You shall not use the Service if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals.
g. You shall use your Account only for non-commercial purposes;
h. You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to anyone;
i. You shall not use your Account to engage in any illegal conduct;
j. You shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any Virtual Items associated
with your Account to anyone without Skylab’s written permission;
k. You shall not access or use an Account or Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without Skylab’s permission; and
l. If you access the Service from an SNS you shall comply with its terms of service/use as well as these Terms of Service.
1.7. Account Information
When creating or updating an Account on the Service, you may be required to provide Skylab with certain personal information, which may include your name, birth date, e-mail address, and, in some cases, payment information. This information will be held and used in accordance with Skylab’s Privacy Policy and relevant “just-in-time” notices, if any, provided at the point of information collection or use. You agree that you will supply accurate and complete information to Skylab, and that you will update that information promptly after it changes.
You understand that on certain Skylab websites your user ID number, name and profile picture will be publicly available and that search engines may index your name and profile photo.
1.8. Username and Password
During the Account creation process, you may be required to select a password (“Login Information”). The following rules govern the security of your Login Information:
a. You shall not share the Account or the Login Information, let anyone else access your account, or do anything else that might jeopardize the security of your Account;
b. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Skylab and modify your Login Information;
c. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you; and
d. You are responsible for anything that happens through your Account.
Skylab reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party’s rights.
1.9. License Limitations
Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license granted by Section 1.4, and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:
a. Engage in any act that Skylab deems to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating these Terms, our game rules, game mechanics or policies;
b. Make improper use of Skylab’s support services, including by submitting false abuse reports or using profane and abusive language in your communications with our support personnel; or
c. Use the Service, intentionally or unintentionally, in connection with any violation of any applicable law
p. Transmit unauthorized communications through the Service, including junk mail, chain letters, spam
1.10. Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, SKYLAB MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR SKYLAB SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND SKYLAB IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
Skylab reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time either permanently or temporarily, at which point your license to use the Service or a part thereof will be automatically terminated or suspended. In such event, Skylab shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Service.
Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
You may cancel any Account registered to you at any time by following the instructions at Skylab.com.
1.11. Ownership
Privacy Policy
1.11.1. Service
Skylab reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Service.
1.11.2. Accounts
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN AN ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO AN ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF SKYLAB. GENERALLY, OTHER ACCOUNTS CREATED WITH SKYLAB WILL BE CONSIDERED ACTIVE UNTIL WE RECEIVE A USER REQUEST TO DEACTIVATE OR DELETE THEM; HOWEVER, WE RESERVE THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
1.11.3. Virtual Items
Skylab owns, has licensed, or otherwise has rights to use all of the content that appears in the Service. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the Virtual Items appearing or originating in any Skylab game, whether “earned” in a game or “purchased” from Skylab, or any other attributes associated with an Account or stored on the Service.
Skylab prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Service, or the purported sale, gift or trade in the “real world” of anything that appears or originates in the Service, unless otherwise expressly authorized by Skylab in writing. Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items for “real” money, or exchange Virtual Items for value of any kind outside of a game, without Skylab’s written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination.
1.11.4. User Content
“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a Skylab game client or the Service, or that other users upload or transmit, including without limitation any chat text.
By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; © free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Skylab in accordance with its Privacy Policy.
You own your User Content. You hereby grant Skylab and its Affiliates a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions thereof.
To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content. The license you grant Us to use user posted content (except any content you submit in response to Skylab promotions and competitions or any other content specifically solicited by Skylab) ends when you delete your User Content or you close your Account unless your User Content has been shared with others, and they have not deleted it. However, you understand and accept that removed content may persist in back-up copies for a reasonable period of time.
2. USER CONTENT
2.1. Content Screening
You are entirely responsible for all User Content you post or otherwise transmit via the Service. Skylab assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate or illegal content or conduct.
We have no obligation to monitor User Content. If We choose at any time, in our sole discretion, to monitor the Service, We have the right, in our sole discretion, to edit, refuse to post, or remove any User Content and We may monitor and/or record your interaction with the Service or communications (including without limitation chat text and voice communications) when you are using the Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording.
2.2. Information Use by Other Members of the Service
2.2.1. Public Discourse amp; Unsolicited Ideas
The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Skylab cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. Skylab shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
If you submit suggestions, proposals, comments or other materials (collectively “Submissions”) within the Service you understand and agree that Skylab (1) shall have no obligation to keep your Submissions confidential; (2) shall have no obligation to return your Submissions or respond in any way; and (3) may use your Submissions for any purpose in any way without notice or compensation to you.
SKYLAB IS NOT RESPONSIBLE FOR A MEMBER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS AND CHAT ROOMS.
2.2.2. Responsible For Your Own Content
You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others.
Information, materials, products or services provided by other users (for instance, in their profiles) may, in whole or in part, be unauthorized, impermissible or otherwise violate these Terms of Service, and Skylab assumes no responsibility or liability for this material. If you become aware of misuse of the Service by any person, please use any “Report Abuse” link provided or contact us at Customer Support.
Skylab may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Skylab may violate these Terms of Service.
Skylab reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the Service.
2.3. Disclosure
Your information, and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Service and may be disclosed: (i) when We have a good faith belief that We are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where We believe that the Service is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when We have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of Skylab, including to enforce our Terms of Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring, access and disclosure.
2.4. User Interactions
2.4.1 Member Disputes
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or Skylab games. Skylab reserves the right, but has no obligation, to become involved in any way with these disputes.
2.4.2 Release
If you have a dispute with one or more users, you release Us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use or data. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.”
3. FEES AND PURCHASE TERMS
3.1. Purchases
In the Service you may purchase a license to use Virtual Items and or other goods or services.
3.2. Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Skylab may revise the pricing for the goods and services it licenses to you through the Service at any time. YOU ACKNOWLEDGE THAT SKYLAB IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
3.3 Competitions, Ticket Winnings, and Account Funds
If you play games integrated in a Competition depositing, then you are a “Competition Player” with respect to such Competition. Participating in Ticket Competitions may, in our sole discretion, require establishing an Account balance of Tickets in any amount we determine. If you are a Competition Player then we may, from time to time in our sole discretion, grant you Bonus Tickets. Bonus Tickets can be used to enter Ticket Competitions, but cannot be withdrawn or used for any other Service.
If you are a Ticket Player, you may use your Ticket funds to purchase digital rewards such as gift cards and other gift rewards, but cannot be withdrawn or used for any other Service. Ticket funds cannot be used to withdraw real cash, and do not hold any monetary value outside of the Skylab service.
If you are eligible to receive Ticket Winnings, we may require that you provide us with proof that you are, or were at the time of your participation in the subject Competition, eligible to participate in accordance with these Terms and that your participation was in accordance with these Terms. If you do not provide us with such proof to our reasonable satisfaction, then you will not receive the relevant Ticket Winnings.
When you pay for any Tickets by credit card, you represent to us that you are the authorized user of such credit card. You must promptly notify us of any changes to your credit card account number, its expiration date and/or your billing address, or if your credit card expires or is canceled for any reason. We are not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party (such as PayPal) in connection with the Services. Any attempt to defraud through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by you to honor legitimate charges or requests for payment, will result in immediate termination of your Account, and forfeiture of Ticket Winnings.
3.4 Compliance with Laws
You acknowledge that various rules, regulations and laws addressing sweepstakes, contests, and tournaments with entry fees and/or prizes govern your participation in Competitions (“Gaming Laws”), and that Gaming Laws are set up by each individual US state, country, territory, or jurisdiction. Therefore, we DO NOT offer Cash Competitions (as defined in section 8.3) to users participating in Competitions in any state in which such Competition violates its Gaming Laws (“Prohibited Jurisdiction”), and if you are located in any Prohibited Jurisdiction then you may not participate in Cash Competitions. In the United States, Prohibited Jurisdictions, as of the “Updated” date above, include: Arizona, Arkansas, Connecticut, Delaware, Florida, Illinois, Iowa, Louisiana, Maryland, Montana, South Carolina, South Dakota, and Tennessee. It is your responsibility to determine whether the state, country, territory or jurisdiction in which you are located is a Prohibited Jurisdiction. We reserve the right (but have no obligation) to monitor the location from which you access Services, and we may block access from any Prohibited Jurisdiction. Each time you log in to participate in a Cash Competition, you must accurately confirm the location from which you are playing.
In addition to Gaming Laws, you are also subject to all municipal, state and federal laws, rules and regulations of the city, state and country in which you reside and from which you access and use Services, including without limitation U.S. export laws (together with Gaming Laws, the “Applicable Laws”). You are solely responsible for your compliance with all Applicable Laws. Access to Competitions may not be legal for some or all residents of, or persons present in, certain jurisdictions. SERVICES AND COMPETITIONS ARE VOID WHERE PROHIBITED OR RESTRICTED BY APPLICABLE LAWS. Your participation in Competitions is at your own risk, and you agree not to hold us responsible or liable if Applicable Laws restrict or prohibit your access or participation.
WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE LAWFULNESS OF YOUR PARTICIPATING IN ANY COMPETITION OR USE OF SERVICES, NOR SHALL ANY PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH US HAVE AUTHORITY TO MAKE ANY SUCH REPRESENTATIONS OR WARRANTIES.
4. THIRD PARTY ADVERTISING
4.1. Third Party Advertisements
You understand that the Service and Skylab games may feature advertisements from Skylab or third parties. Skylab’s disclosure of information for third party advertising is addressed in Skylab’s Privacy Policy.
4.2. Links to Third Party Sites and Dealings With Advertisers
Skylab may provide links on the Service to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving an optional component of the Service and/or upgrades (such as in-game currency). Any charges or obligations you incur in your dealings with these third parties are your responsibility. Skylab makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to from our Service, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of Skylab and may collect data or solicit personal information from you. Skylab is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by Skylab of these linked sites.
5. COPYRIGHT NOTICES/COMPLAINTS
It is Skylab’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). For more information, please go to Skylab’s Copyright Page to review our DMCA Notification Guidelines. Skylab reserves the right to terminate without notice any User’s access to the Service if that User is determined by Skylab, in its sole discretion, to be a “repeat infringer.” In addition, Skylab accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
6. UPDATES TO THE SERVICE
You understand that the Service is an evolving one. Skylab may require that you accept updates to the Service and to Skylab’s games you have installed on your computer or mobile device. You acknowledge and agree that Skylab may update the Service with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play Skylab’s Games.
7. DISCLAIMERS / LIMITATIONS / WAIVERS / INDEMNIFICATION
7.1. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).
WITHOUT LIMITING THE FOREGOING, NEITHER SKYLAB NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “SKYLAB PARTIES”) WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
7.2. LIMITATIONS; WAIVERS OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE SKYLAB PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE SKYLAB PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE SKYLAB PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL THE SKYLAB PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID SKYLAB IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID SKYLAB ANY AMOUNTS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SKYLAB IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF SKYLAB.
7.3. Indemnification
You agree to indemnify, save, and hold Skylab, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. Skylab reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Skylab, and you agree to cooperate with Skylab’s defense of these claims. Skylab will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Service.
8. DISPUTE RESOLUTION
8.1. General
If a dispute arises between you and Skylab, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Skylab agree that We will resolve any claim or controversy at law or equity that arises out of this Agreement or the Service (a “Claim”) in accordance with one of the subsections below or as We and you otherwise agree in writing. Before resorting to these alternatives, We strongly encourage you to first contact Us directly to seek a resolution by going to Customer Support. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
8.2. Law and Forum for Legal Disputes
This Agreement and any dispute arising out of or related to it or the Service shall be governed in all respects by the laws of the State of Washington as they apply to agreements entered into and to be performed entirely within Washington between Washington residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Skylab must be resolved exclusively by a state or federal court located in King County, Washington, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within King County, Washington for the purpose of litigating all such claims or disputes.
8.3. Arbitration Option
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and © any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
8.4. Improperly Filed Claims
All claims you bring against Skylab must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to Section 8.2 shall be considered improperly filed. Should you file a claim contrary to Section 8.2, Skylab shall be entitled to recover attorneys’ fees and costs up to $1000, provided that Skylab has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
9. SEVERABILITY
You and Skylab agree that if any portion of these Terms of Service or of the Skylab Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.
10. GENERAL PROVISIONS
10.1. Assignment
Skylab may assign or delegate these Terms of Service and/or the Skylab Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Skylab’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.
10.2. Supplemental Policies
Skylab may publish additional policies related to specific services such as applications for mobile devices, forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
10.3. Entire Agreement
These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein (including Skylab’s Privacy Policy), contain the entire understanding of you and Skylab, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and Us with respect to the Service.
10.4. Language of the Terms of Service
If we provide you with a translation of the English language version of these Terms of Service, the Skylab Privacy Policy or any other policy (collectively “Skylab Policies”), then you agree that the translation is provided for informational purposes only and does not modify the English language version of the Skylab Policies.
In the event of a conflict between a translation of the Skylab Policies and the English version, the English version of the Skylab Policies will control.
10.5. No Waiver
The failure of Skylab to require or enforce strict performance by you of any provision of these Terms of Service or the Skylab Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Skylab’s right to assert or rely upon any such provision or right in that or any other instance.
The express waiver by Skylab of any provision, condition, or requirement of these Terms of Service or the Skylab Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Skylab shall be deemed a modification of these Terms of Service nor be legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Skylab.
10.6. Notices
We may notify you via e-mail or any other communications means to contact information you provide to Us. All notices given by you or required from you under these Terms of Service or the Skylab Privacy Policy shall be in writing.
Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
10.7. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to Skylab are of a unique and irreplaceable nature, the loss of which shall irreparably harm Skylab and which cannot be replaced by monetary damages alone. Accordingly, Skylab shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Skylab game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 7.2 (if any).
10.8. Force Majeure
Skylab shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Skylab, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Skylab’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.