Terms & Conditions
Hera Performance LLC
140 West Street, 2nd Floor
New York, NY 10013
DESCRIPTION: The Services (as hereinafter defined) are available at websites on the world wide web owned and/or operated by SkillSweet or its affiliates (the "Sites") and includes everything on the Sites that may exist from time to time, including, without limitation, online games (the “Games”) (as set forth in SkillSweet’s Official Rules) as well as online social networking features (collectively, the "Services").
ACCESS & USE: ACCESS TO AND USE OF THE SITES AND/OR THE SERVICES IS SUBJECT TO THESE TERMS AND CONDITIONS. PLEASE READ THESE TERMS AND CONDITIONS BEFORE USING THE SITES AND/OR DOWNLOADING MATERIALS FROM IT, AND/OR USING OR ATTEMPTING TO USE THE SERVICES. PRINT A COPY OF THESE TERMS AND CONDITIONS OF USE FOR YOUR RECORDS.
SKILLSWEET RESERVES THE RIGHT, IN ITS ABSOLUTE DISCRETION, TO DENY ACCESS TO THE SITES AND/OR THE SERVICES, AND/OR DENY REGISTRATION, TO ANYONE AT ANY TIME FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, VIOLATION OF ANY OF THE PROVISIONS SET FORTH IN THESE TERMS AND CONDITIONS. IF YOU HAVE BEEN NOTIFIED, EITHER ELECTRONICALLY, ORALLY OR IN WRITING, THAT YOU ARE PROHIBITED FROM USING THE SITES AND/OR THE SERVICES, THEN YOU HAVE NO LICENSE TO USE THE SITES AND/OR THE SERVICES, AND ANY ACCESS OR USE OF THE SITES AND/OR THE SERVICES BY YOU OR BY SOMEONE ELSE ON YOUR BEHALF SHALL BE UNAUTHORIZED AND UNLAWFUL. IF YOU HAVE BEEN NOTIFIED THAT YOU ARE PROHIBITED FROM USING THE SITES AND/OR THE SERVICES, THEN SKILLSWEET RESERVES THE RIGHT TO CANCEL ANY SUBSCRIPTIONS TO THE SERVICES OR OTHER TRANSACTIONS YOU HAVE MADE THROUGH THE SITES WITH NO LIABILITY WHATSOEVER ON THE PART OF SKILLSWEET.
AGE: You must be at least eighteen (18) years old to visit the Sites and/or use the Services. By using, attempting to use of and/or using or attempting to use the Sites and/or the Services, you represent that you are at least 18 (eighteen) years old.
The Sites and the Services are directed only at users who meet the age eligibility requirements set forth in the Official Rules [insert link]. SkillSweet does not assume any responsibility for the use, attempted use of and/or use or attempted use of the Services and/or Sites by any person who is under the age limits set forth in the Official Rules.
PROFILE: You agree to create only one unique and genuine profile for the purpose of using the Sites and/or the Services in accordance with the terms of these Terms and Conditions.
CRIMINAL HISTORY: By signing up for the Services and/or using the Sites, you represent and warrant that you have never been convicted of a felony. SkillSweet reserves the right to conduct a criminal background check, at any time and using available public records, to confirm your compliance with these Terms and Conditions.
AVAILABILITY: SkillSweet is intended for eligible Users (as explained in the Official Rules) only. You are not permitted to use the Services and/or the Sites if you are ineligible.
HOW TO REGISTER FOR THE SERVICES: In order to register for the Services, you will be required complete our registration process. PLEASE NOTE THAT BY REGISTERING FOR THE SERVICES AND/OR USING THE SITE AND/OR SUBMITTING ANY PAYMENT, YOU WILL BE DEEMED TO HAVE ACCEPTED THESE TERMS AND CONDITIONS AND YOU AGREE TO, AND ARE BOUND BY, THESE TERMS AND CONDITIONS.
COINS / PRIZES / CHARGES / BILLING / PAYMENT METHODS:
Users may be eligible to win prizes with or without a purchase.
In order to be eligible to win a prize you must register for the Services as described above. Please note that only registered users can win prizes.
Once you register for the Services, you will be given a certain number of Coins free of charge as described in the Official Rules. You can use the free Coins to play and win prizes. You can win prizes without purchasing Coins. A purchase is required, in your discretion, if you wish to purchase additional Coins on a pay-as-you-go or subscription basis.
1. If you elect to make a purchase, then you agree as follows:You authorize SkillSweet to charge all appropriate fees (including taxes and/or premium surcharges) to the Payment Method selected by you. If you select the monthly fee subscription plan, you authorize continued monthly billing until you cancel your subscription. Your wireless carrier’s Message & Data Rates may apply for Pay-by-Phone billing.
2. Monthly subscribers are billed on a 30-day cycle, which begins on the first day you sign up for the subscription and ends 30 days thereafter (each, a "Subscription Month"). We will issue a charge on the first day of each Subscription Month.
3. Charges will be billed to the account of your selected Payment Method. You hereby confirm that you are the owner of such account or have the owner’s permission to incur such charges.
4. When you buy a product or service from SkillSweet, we will charge you the price that is advertised at that time. We may periodically change the advertised price, in our sole discretion.
5. Payment methods may include Pay-by-Phone, credit card, debit card, Facebook payments and other as they become available (“Payment Method”). You may select Pay-by-Phone payment method by using any of the following carriers: AT&T, T-Mobile, Sprint, Verizon Wireless, Boost, Alltel or Cellular One. By making a purchase from SkillSweet that is billed to a cell phone account, you confirm you are the owner of the phone or have the owner’s permission to incur these charges.
6. If you cancel your account or subscription for any reason, SkillSweet will be under no obligation to refund any of your fees paid to date. Subscription cancellations will become effective at the conclusion of the Subscription Month in which we receive the cancellation request for monthly subscribers.
7. You will be charged the above fees regardless of whether you play Games (as described in the Official Rules) or use your purchased Coins (as described in the Official Rules).
8. For pricing and available Coin packages, please see SkillSweet’s Official Rules. All fees are subject to change upon notice from SkillSweet..
9. SkillSweet may update its Coin packages from time to time, in its sole discretion.
10. SkillSweet may include in the Services the ability for you to make electronic purchase(s). You acknowledge and agree that by making electronic purchase(s) you agree to pay for such purchase(s). You may withdraw your consent to enter into such electronic agreements by giving written notice to SkillSweet, however, if you elect to do so, you will be barred from making any electronic purchase(s) in the future. To the extent that such electronic purchases are offered to you by a third party, you acknowledge that SkillSweet shall not be responsible or liable to you for the products or services purchased. SkillSweet does not make any warranty or representation for any third party product or service. The provisions of this paragraph do not apply to your agreement and arrangements to pay fees to SkillSweet for Coins.
11. If your billing information (e.g., new cell phone number or change of carrier, credit/debit card, Facebook payments) on your selected Payment Method changes, you must update such information in "My Account."
12. If you purchase Coins through Facebook Credits or any other third party, you are accepting such third party’s payment terms and acknowledge that SkillSweet is not a party to such transaction.
OFFICIAL RULES: By using the Services and/or Sites and/or registering with SkillSweet and accepting these Terms and Conditions, you agree that you have reviewed and agree to the Official Rules, which are incorporated herein by reference OFFICIAL RULES.
TERM AND TERMINATION: The agreement between you and SkillSweet will become effective upon your acceptance of these Terms and Conditions and/or by your use of the Sites and will remain in effect in perpetuity unless terminated hereunder. Either you or SkillSweet may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending notice to the other party.
MODIFICATION, SUSPENSION AND/OR TERMINATION OF THE SERVICES AND/OR SITES: SKILLSWEET RESERVES THE RIGHT TO MODIFY, DISCONTINUE (TEMPORARILY OR PERMANENTLY), SUSPEND OR TERMINATE THE SITES AND/OR THE SERVICES OR ANY ASPECT OR FEATURE OF THE SITES AND/OR THE SERVICES (OR ANY PART THEREOF), AT ANY TIME, IN ITS SOLE DISCRETION, WITH OR WITHOUT NOTICE TO YOU. YOU HEREBY AGREE THAT NEITHER SKILLSWEET NOR ITS PARTNERS, PARENTS, SUBSIDIARIES, AGENTS, AFFILIATES AND/OR LICENSORS ETC. SHALL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF THE SERVICES AND/OR THE SITES.
SUSPENSION OR TERMINATION OF YOUR ACCOUNT: SKILLSWEET RESERVES THE RIGHT TO IMMEDIATELY SUSPEND OR TERMINATE YOUR ACCOUNT AND YOUR ACCESS TO THE SITES AND/OR SERVICES, WITHOUT NOTICE, FOR ANY REASON OR NO REASON AT ALL. SKILLSWEET ALSO RESERVES THE RIGHT TO REMOVE YOUR ACCOUNT INFORMATION OR DATA FROM THE SITES AND ANY OTHER RECORDS AT ANY TIME IN SKILLSWEET’S SOLE DISCRETION.
In the event of suspension of your account: (i) your profile will be inactive and invisible to other Users; (ii) your profile information will be retained, but will not be used unless the suspension is lifted; and (iii) due to your breach of these Terms and Conditions, you agree that any fees then paid to SkillSweet by you will be nonrefundable and all outstanding or pending payments, if any, will immediately be due.
In the event of termination of your account: (i) your profile will be deleted; (ii) SkillSweet may retain your information; and (iii) if you wish to re-activate your account, a new profile will have to be created (unless your account has been terminated by SkillSweet, in which case you may not be allowed to create a new profile).
HOW TO CANCEL YOUR ACCOUNT; NO REFUND: You (or your legal representative) may cancel your account at any time during the term of such account by accessing the appropriate sections on the Website, providing the information requested and by sending a cancellation email to email@example.com.
If fees are charged in connection with your subscription, your account subscription will terminate at the end of the subscription term for which you have paid, and you will not receive any refund for any unused days of such subscription term.
ASSUMPTION OF THE RISK: You understand that by using the Services and/or the Sites, you assume all risks associated with the use of the Sites and/or the Services, including, without limitation, all risks associated with any online or offline interactions with other Users. You understand that SkillSweet makes no representations and/or warranties, either express or implied, regarding the moral character, personality, behavior or conduct of such other Users.
REPORTING: You are required to report any violations of these Terms and Conditions by other Users, including, without limitation, suspicious or criminal conduct, felony conviction, inaccurate or false information on a User’s profile and/or a User’s residency outside of the Territory (as defined in the Official Rules).
PERSONAL INFORMATION AND REGISTRATION OBLIGATIONS: In order to use SkillSweet, you must register and provide SkillSweet with personal information such as, for example, name, country or territory of residence and billing information (the “Registration Data”).
You agree to provide current, complete and accurate Registration Data at the time you register and that you will update your Registration Data as necessary to keep it current, complete and accurate in the "My Account" area of the SkillSweet Sites.
You agree that you will not allow others to use your member name, password and/or account. You agree to indemnify and hold harmless SkillSweet, its partners, parents, subsidiaries, agents, affiliates and/or licensors, etc. as applicable, for any improper, unauthorized or illegal uses of your member name, password and/or your account. This includes illegal, unauthorized or improper use by anyone to whom you have given permission to use your member name, password and/or account.
You also understand and agree that any personal information (such as your phone number, address, occupation, etc.) you may disclose to other Users during your use of the Services and/or the Sites is disclosed at your own risk and that this personal information cannot be secured and/or protected from disclosure by SkillSweet. We strongly recommend that you do not disclose personal information that can identify you or your address to any other User of the Services and/or the Sites.
EMAILS AND SMS AND FACEBOOK MESSAGES
By registering for a SkillSweet account, you agree that we may send you the following types of email communications: welcome emails, Facebook posts and notifications, our weekly newsletter, account status updates and promotional content and solicitations. You may opt-out of receiving our email newsletter via the unsubscribe links in each email, SMS and/or Facebook message. You can also opt-out of specific types of email communications through your account settings. You will also have the opportunity to opt-in and receive surveys and promotional content by our affiliates. You may opt out of our newsletter by sending an email or by responding to the newsletter indicating that you would like to unsubscribe.
Our Sites may provide you with the opportunity to refer your friends, family members or relatives to the SkillSweet Services. In order for this feature to work, we need to collect your friends and families' email addresses. The email addresses we collect in this context are not used for any other purpose other than to send a one-time referral.
By using the Services and/or the Sites, you acknowledge and agree that SkillSweet may disclose information you provide if required to do so by law or court order, at the request of a third party, or if SkillSweet, in its sole discretion, believes that disclosure is reasonable or warranted to: (i) comply with applicable laws, statutes, rules, regulations and/or ordinances, requests or orders from US or foreign law enforcement agencies, (ii) protect or defend SkillSweet’s, or a third party’s, rights or property; or (iii) protect someone from actual, threatened or foreseeable harm, injury or violence against any person (including the User).
ACCEPTABLE USE OF THE SERVICES AND/OR SITES; OBJECTIONABLE OR EXPLICIT CONTENT; PROHIBITED ACTIVITIES
USE OF THIS WEBSITE
SkillSweet grants you a non-exclusive, non-transferable, limited right and license to access, use and privately display the Sites, Services and/or the materials thereon for your personal use only, by way of one (1) computer connected to the Sites over the Internet, provided that you comply fully with these Terms and Conditions. You may "cache" pages of the Sites for the sole purpose of increasing the speed and efficiency at which you access the Sites in the future.
By using the Services and/or the Sites, you represent, warrant and/or agree that: (a) you are at least eighteen (18) years old and have the authority to enter into and create a binding legal obligation. If you are not the owner of the wireless phone you intend to use for your participation in our Services, you should always obtain the permission from the owner before participating. If you are under 18 you should get parental permission and consent.
(b) you will use the Services and/or the Sites in accordance with and subject to these Terms and Conditions (and any amendments thereof) as well as any additional terms that may be presented in connection with any particular feature or function of the Services from time to time.
(c) you will use the Services and/or the Sites for the sole purpose of making legitimate transactions for you or for other persons whom you are authorized to act on behalf of, and that you will use the Services and/or the Sites for your personal and non-commercial use.
(d) you have informed such other persons about the terms, conditions and restrictions set forth in these Terms and Conditions;
(e) you have not made any false or misleading statements and that all information supplied by you concerning you or another person you are authorized to act on behalf of is accurate and current;
(f) you understand that you are financially responsible for all uses of the Services and/or the Sites by you and those using your login information;
(g) you will safeguard any information in your account, if any, and will supervise and be solely and completely responsible for any use of your account by anyone other than you; and
(h) the Games (as described in the Official Rules) made available as part of the Services are owned by SkillSweet, its business partners, affiliates and/or licensors, etc. as applicable, and are protected by intellectual property laws. Subject to the terms and conditions set forth herein, SkillSweet grants you a non-exclusive, non-transferable, limited, revocable right to access and use the Services and/or the Sites and/or download material to your compatible device solely for your own non-commercial use as the case may be. You may not modify the information obtained from the Services and/or the Sites in any way or reproduce or publicly display, transmit, distribute, modify, create derivative works, or otherwise use the information presented on the Services and/or the Sites for any commercial purpose (including, without limitation, advertising, without the prior written permission of SkillSweet. For purposes of these Terms and Conditions, any use of the information contained in the Services and/or the Sites for any purpose is prohibited without SkillSweet’s prior written consent. You may only use Services and/or the Sites to make legitimate transactions (e.g., subscription to the Services) and shall not use the Services and/or the Sites for any other purposes, including, but not limited to, using the Services and/or the Sites for the purpose of making any speculative, illegal, immoral, false or fraudulent transaction or any transaction in anticipation of demand. You agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of any material downloaded from the Sites.
(i) you will not interrupt or attempt to interrupt, interfere with, burden or load the operation of the Services and/or the Sites in any manner. You will not use any device, software, program, methodology or any other means, whether tangible or intangible, manual or automatic, to: (i) interfere or attempt to interfere with the proper working of the Services and/or the Sites, (ii) copy, reproduce, republish, upload, post, transmit or distribute any content, image, software, program, features and/or design provided in the Services and/or the Sites without the prior written consent of SkillSweet, (iii) transmit or otherwise transfer any image, page, data or content found on the Services and/or the Sites to any computer, server, website, or other medium for the purpose of mass distribution, and/or (iv) reproduce the Services and/or the Sites for the purpose of misleading the public in any manner.
(j) SkillSweet's rights to make certain downloads available to you may expire. In such event, SkillSweet will not deliver to you the license necessary to play back any such downloads after the end of the period in which such rights expire. If SkillSweet ceases making any such rights available, SkillSweet will not refund any portion of your fees, but you may contact customer support to the address below to receive appropriate replacement rights.
OBJECTIONABLE OR EXPLICIT CONTENT; PROHIBITED ACTIVITIES
SkillSweet is not responsible to you for any content or materials on the Sites that you might find objectionable or contain explicit sexual content.
You understand that all information, data, text, files, graphics, links, music, photographs, software, sound, video, messages, communication or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Accordingly, you, not SkillSweet, are entirely responsible and liable for all activities conducted through your account. SkillSweet does not control the Content posted or transmitted in any way via the Services and/or the Sites and, as such, does not guarantee the accuracy, integrity, or quality of such Content. You understand that by using the Services and/or the Sites you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will SkillSweet be liable in any way for any Content, including but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the user of any Content posted, emailed, sent via SMS or otherwise transmitted via the Services and/or the Sites.
Please note that, in addition to any other provisions set forth in these Terms and Conditions, the following actions are strictly prohibited. The following actions may result in SkillSweet terminating your Account. You agree not to do any of the following while using the Services and/or the Sites. SkillSweet reserves the right to investigate and take appropriate legal action against anyone who, in SkillSweet's sole discretion, violates this provision, including without limitation, removing the offending communication from the SkillSweet Services and/or Sites:
1. copying (except for making copies of your transaction details and related information), transmitting, distributing, reproducing, displaying, publishing, creating derivative works, licensing, selling or re-selling any information, software, products, or services obtained from or through the Services and/or Sites
2. deep-linking to any portion or page of the Services and/or Sites for any purpose without SkillSweet’s prior written consent;
3. framing and/or mirroring and/or otherwise incorporating any portion or page of the Services and/or Sites into any other website without SkillSweet’s prior written consent;
4. using, posting or transmitting information which: (i) may infringe the rights of other parties and/or is protected by copyright, patent, trademark or other proprietary right, or (ii) may contain confidential information (including confidential information of other Users, even if such information is not labeled as confidential), without the prior written consent of the owner of such right; or (iii) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
5. corrupting this Services and/or the Sites with any virus, bug or other device or means that could harm Services and/or the Sites;
6. upload, post, email, SMS, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit functionality of any computer software or hardware or telecommunications equipment;
7. causing any screen in the Services and/or Sites to "scroll" faster than other users are able to type into it or any action with a similarly disruptive effect;
8. using the materials contained in the Services and/or Sites on any other website or in any networked computer environment;
9. harassing, "stalking", threatening, embarrassing or causing distress or discomfort to another SkillSweet participant, user, or other individual or entity;
10. uploading, posting, emailing, SMS, or otherwise transmitting via the Services and/or Sites any content that SkillSweet considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, indecent, inflammatory, pornographic, profane, hateful, racist or discriminatory or otherwise objectionable, or that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
11. using the Services and/or Sites for the purpose of interfering with the business of others or restricting trade or competition;
12. using the Services and/or Sites in any manner that a reasonable person would deem unlawful, harmful to either SkillSweet or others;
13. impersonating any person, including but not limited to, a SkillSweet official, forum leader, guide or host;
14. disrupting the normal flow of dialogue within the Services or otherwise act in a manner that negatively affects other participants;
15. forging headers or otherwise manipulating identifiers in order to disguise the origin of any content transmitted via the Services and/or the Sites;
16. collecting or storing personal data about other users; intentionally or unintentionally violating any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Services and/or the Sites or in connection with your use of the Services and/or the Sites in any manner;
17. posting or transmitting any unsolicited advertising, promotional materials, or any other forms of solicitation in the Services and/or Sites;
18. providing or sending any content which may be harmful or detrimental to SkillSweet or its business associates, or which violates any restriction or policy established by SkillSweet or its business associates;
19. soliciting personal information from anyone under eighteen (18) years of age;
20. providing telephone numbers, street addresses, last names, URLs or email addresses;
21. promoting information that you know is false or misleading or promotes illegal activities;
22. transmitting "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
23. posting content that contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
24. posting content that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
25. soliciting passwords or personal identifying information for commercial or unlawful purposes from other Users;
26. posting content that involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
27. posting content that includes a photograph of another person that you have posted without that person's consent;
28. advertising to, or solicitation of, any User to buy or sell any products or services through the Services and/or Sites;
29. covering or obscuring the banner advertisements on your personal profile page, or any Sites page via HTML/CSS or any other means;
30. using the account, username, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account;
selling or otherwise transferring your profile or account;
displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Services and/or Sites; and/or
33. using the Services and/or Sites in a manner inconsistent with any applicable laws and regulations.
CONTENT SUBMITTED BY USERS
Any material, data, photographs, recommendations, opinions, questions, comments, software, text, graphics, logos, ideas, news, articles, illustrations, audio, clips and images, messages information or idea that you transmit to or post on the Services and/or Sites by any means (including, but not limited to, e-mails sent to SkillSweet using links provided in the Sites) (collectively, the “Submitted Information”) will be treated as non-confidential and non-proprietary, and may be disseminated or used by SkillSweet for any purpose whatsoever. SkillSweet undertakes no responsibility whatsoever for reviewing unsolicited ideas for its business, such as product or advertising ideas. By submitting any material, information or idea to the Services and/or Sites, you: (i) waive any and all rights to compensation or remuneration of any kind for such material, information or idea, and (ii) grant SkillSweet a worldwide, non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to modify use, reproduce, translate, adapt, publish, create derivative works from, distribute, display, perform, transfer, or sell such Submitted Information in any form, media or technology, now known or hereafter devised, for any purpose.
You agree that you are fully responsible for the content of the Submitted Information and that SkillSweet is not responsible and assumes no liability in any way with respect to the Submitted Information. You are prohibited from posting or transmitting to or from Services and/or Sites any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under any applicable law. You may not post any material that violates copyright, trademark, patent or other proprietary rights of any third party (including rights of publicity and privacy). You will indemnify SkillSweet for any and all damages resulting from your actions or postings that violate any of these policies, laws, rules or regulations and these Terms and Conditions. SkillSweet has no obligation to post any Submitted Information and SkillSweet is not obligated to, but reserves the right, in its sole discretion, to prohibit, censor, edit, or remove any further postings by any User for violation of these standards and these Terms and Conditions.
By using the Services and/or Sites, you agree that SkillSweet has the right to anonymously use the information you submit and your experiences to improve the Services and/or Sites for research purposes.
SkillSweet is not responsible for any information or material you submit to the Services and/or Sites or to other Users through your use of the Services and/or Sites. Any material submitted by any User is not endorsed, reviewed or approved by SkillSweet.
Opinions, advice, statements, offers, or other information or content made available through the Services and/or Sites, but not directly by SkillSweet, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. SkillSweet does not: (i) guarantee the accuracy, completeness or usefulness of any information provided on the Services and/or Sites, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than SkillSweet. Under no circumstances will SkillSweet be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Services and/or Sites, or transmitted to or by any Users.
SkillSweet reserves the right, but shall be under no obligation, to remove any material submitted by a User, without notice to you, if SkillSweet determines, in its sole and absolute discretion, that there is a likelihood that a User may:
1, defame, abuse, harass, stalk, threaten or otherwise violate the rights of other Users or any third parties;
2. publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
3. upload files that contain viruses, corrupt files or any other similar software or programs that may damage the operation of SkillSweet 's and/or a third party's computer system and/or network;
4. attempt to gain unauthorized access to any part of the Services and/or Sites and/or User accounts or computer networks through hacking, password mining or any other means, or to reverse engineer, decrypt, break or otherwise alter or interfere with the Services and/or Sites;
5. violate any copyright, trade mark, other applicable US or international laws or intellectual property rights of SkillSweet or any other third party; and/or
6. submit content containing marketing or promotional material which is intended to solicit business or the dissemination of messages which constitute "spam" mail.
You agree not to use the Services and/or Sites for any of the foregoing purposes. You furthermore undertake not to use the Services and/or Sites for the communication of material that is pornographic, blasphemous, slanderous, unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, or that violates the rights or the privacy of other Users or any applicable law. You also agree not to post video, audio files, photos or images of another person without his/her consent, disseminate another person’s personal information without his or her consent or collect or solicit another person’s personal information for commercial or unlawful purposes or impersonate, to otherwise misrepresent affiliation, connection or association with any person or entity.
You agree to indemnify SkillSweet against any loss, liability, damage or expense of any kind (including reasonable attorneys’ fees and punitive damages) which SkillSweet and/or any third party may suffer that is caused by or attributable to, whether directly or indirectly, to your non-compliance with these Terms and Conditions.
SkillSweet may offer contests or promotions encouraging users to upload Content for judging or prizes. Content uploaded for a contest or promotion is subject to the terms of the specific contest or promotion. If you do not agree with these Terms and Conditions, then please do not submit any Submitted Information.
LINKS TO THIRD PARTY WEBSITES
Links to third party websites (not maintained by SkillSweet) which appear on the Services and/or Sites are provided solely as a convenience to our customers and visitors. If you use these links, you will leave our Sites and/or the Services. SkillSweet does not have control over and is not responsible for any of these websites or their content. SkillSweet does not endorse or make any representations or warranties about such websites, or any information, opinions, software or other products or materials which may be found thereon, nor does SkillSweet make any representations or warranties about any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Services and/or Sites, you agree that you do this entirely at your own risk. It is your responsibility to ensure that any links you select or program/software/data/material you download (whether from the Services and/or Sites or other websites) is free of viruses, Trojan horses, worms, defects and similar potentially harmful items. You should be aware that linked third party websites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on the Services and/or Sites. SkillSweet is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
From time to time, SkillSweet may offer new “beta” features or tools with which its users may experiment on the Sites. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued in SkillSweet’s sole discretion. The provisions of this disclaimer of warranty section apply with full force to such features or tools.
SkillSweet does not have control over and is not responsible for any advertisements, banners, marketing and promotional materials on the Services and/or Sites. SkillSweet does not endorse or make any representations or warranties about advertised companies, businesses, products or services, nor does SkillSweet make any representations or warranties about any results that may be obtained from using them.
From time to time SkillSweet may provide users with the opportunity to participate in promotional events sponsored by third party advertisers or affiliates. Your participation in any SkillSweet promotional event is subject to the terms and conditions associated with that event. Your participation in these promotions and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the sponsoring third-party. You agree that SkillSweet shall not be responsible or liable for any loss or damage of any sort incurred as the result of the promotions or as the result of the presence of such third parties on the Services and/or Sites.
FORWARD LOOKING STATEMENTS
The Services and/or Sites may contain forward-looking statements regarding SkillSweet’s business, customers, partners, future products and services or other factors. Such statements involve risks and uncertainties and speak only as of the date on which they are made, which could cause actual results to vary materially from those expressed in or indicated by the forward-looking statements. Examples of these risks include competitive service and product offerings, and lack of market acceptance. You are cautioned not to place undue reliance on these forward-looking statements. SkillSweet undertakes no obligation to update publicly or review any forward-looking statements.
3. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
COPYRIGHT AND TRADEMARKS, ETC.
The Services and/or Sites contain information and materials, including, without limitation, informational text, photographs, icons, graphics, audio, video, messages, files, documents, images or other materials (collectively the "Material”). The Material on the Services and Sites is copyrighted and any unauthorized use of any Material on the Services and/or Sites may violate copyright, trademark, and /or other intellectual property laws or other laws in the United States and elsewhere. If you fail to comply with these Terms and Conditions, your authorization to use the Services and/or Sites will terminate automatically without notice and you must immediately destroy any Material obtained from the Services and/or Sites. You may not copy, reproduce, republish, modify, download, post, transmit, or distribute in any way any Material from the Services and/or Sites without SkillSweet’s prior written consent. SkillSweet prohibits caching, unauthorized hyperlinks to this Website and the framing of any material available through the Services and/or Sites. SkillSweet reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the content available on any third party websites linked to the Services and/or Sites. The trademarks, logos and service marks displayed on the Services and/or Sites are the property of SkillSweet or their third party owners in the United States and other countries. Users are prohibited from using any such marks for any purpose without the prior written permission of SkillSweet or such third party that may own the marks. Users are not granted any rights whatsoever to use the trademarks, logos and/or service marks by virtue of using the Services and/or Sites. You must retain all copyright, trademark and/or intellectual property notices, including any other proprietary notices, contained in the Material, and you shall not interfere with or remove any of such notices.
You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of the Services and/or Sites.
All software, modules and applications (collectively, "Software") used on the Services and/or Sites are proprietary to or licensed to us by third parties. You may not reproduce, reverse engineer, create derivative works of, reverse assemble or reverse compile, sell, lease, distribute, rent, assign, transfer, or modify any software on the Services and/or Sites.
COPYRIGHT AND TRADEMARK NOTICES
The Services and the Sites are © 2012 Acotel Interactive. All rights reserved
CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe in good faith that materials contained in the Services and/or Sites infringe your copyright, you may send us a notice requesting that such material be removed. Please note that: (i) notices must meet the then requirements under The Digital Millennium Copyright Act of 1998 (as amended, (ii) under the Digital Millennium Copyright Act of 1998, as amended, penalties may be imposed for false claims.
DISCLAIMER OF WARRANTIES
BY USING THE SERVICES AND/OR SITES YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICES AND/OR SITES ARE PROVIDED "AS IS" WITH NO WARRANTIES BY SKILLSWEET OR ANY OF ITS AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, BUSINESS PARTNERS AND/OR SUPPLIERS (THE "SKILLSWEET ENTITIES"). SKILLSWEET AND THE SKILLSWEET ENTITIES EXPRESSLY DISCLAIM TO THE FULLEST PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND/OR SITES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY CONTENT OR PERSONAL INFORMATION THAT YOU DISCLOSE TO OTHER USERS OF THE SERVICES AND/OR SITES OR THAT IS DISCLOSED TO YOU, OR ANY MEETINGS WITH ANY PERSONS THAT MAY RESULT FROM THE USE OF THE SERVICES AND/OR SITES.
SKILLSWEET AND THE SKILLSWEET ENTITIES DISCLAIM ANY WARRANTIES THAT THE SERVICES AND/OR SITES WILL MEET YOUR REQUIREMENTS OR SATISFACTION, OR THAT YOUR ACCESS TO THE SAME WILL BE UNINTERRUPTED OR WITHOUT ERROR. SKILLSWEET AND THE SKILLSWEET ENTITIES, DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, CONTENT, OR THE RESULTS OF YOUR USE OF THE SERVICES AND/OR SITES WITH RESPECT TO THE ACCURACY, OPERABILITY, AVAILABILITY, CONNECTIVITY, SECURITY, RELIABILITY, TIMELINES, AND PERFORMANCE OF THE SERVICES AND/OR SITES. SKILLSWEET AND THE SKILLSWEET ENTITIES DISCLAIM ANY RESPONSIBILITY FOR THE DELETION OR FAILURE TO STORE ANY CONTENT.
FURTHERMORE, YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM, SMART PHONE, TABLETS OR SIMILAR EQUIPMENT OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. YOU WILL NOT HOLD SKILLSWEET AND/OR THE SKILLSWEET ENTITIES RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU USING THE SERVICES AND/OR SITES INCLUDING, BUT NOT LIMITED TO, ANY INFECTIONS OR CONTAMINATIONS OF THE DEVICES YOU USE TO ACCESS THE SAME.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO SKILLSWEET AND/OR THE SKILLSWEET ENTITIES AS APPLICABLE. SKILLSWEET AND THE SKILLSWEET ENTITIES DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES AND/OR SITES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SERVICES AND/OR SITES.
LIMITATION OF LIABILITY AND NO LIABILITY FOR NON- SKILLSWEET ACTIONS
UNDER NO CIRCUMSTANCES, SHALL SKILLSWEET AND/OR THE SKILLSWEET ENTITIES AS APPLICABLE, BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SERVICES AND/OR SITES, INCLUDING USE BY MINORS UNDER THE AGE OF EIGHTEEN (18).
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SKILLSWEET OR THE SKILLSWEET ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE OF, RELIANCE ON, OR THE INABILITY TO USE, THE SERVICES AND/OR SITES, OR FROM THE INTERRUPTION, NON-PERFORMANCE, SUSPENSION, OR TERMINATION OF THE SERVICES OR SITES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), EVEN IF SKILLSWEET AND/OR THE SKILLSWEET ENTITIES, AS APPLICABLE, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SKILLSWEET RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO INTERRUPT, SUSPEND OR CANCEL PART OF THE WHOLE OF THE SERVICES AND/OR SITES AT ANY TIME FOR WHATEVER REASON AND SKILLSWEET AND THE SKILLSWEET ENTITIES BEAR NO RESPONSIBILITY FOR ANY DAMAGE OR LOSS CAUSED BY SUCH INTERRUPTION, SUSPENSION OR CANCELLATION OF THE SERVICES AND/OR SITES.
WITHOUT LIMITING THE FOREGOING, SKILLSWEET, THE SKILLSWEET ENTITIES OR THEIR RESPECTIVE LICENSORS SHALL NOT BE LIABLE FOR ANY DELAY, INTERFERENCE OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OR CONDITIONS BEYOND ITS REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION, FIRE OR OTHER CASUALTY OR ACCIDENT, INTERNET FAILURES, TELEPHONE EQUIPMENT FAILURES, ACTS OF GOD, SEVERE WEATHER CONDITIONS, WAR OR OTHER VIOLENCE, OR ANY LAW, ORDER, PROCLAMATION, REGULATION, ORDINANCE, DEMAND OR REQUIREMENT OF ANY GOVERNMENTAL AGENCY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SKILLSWEET BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO YOUR CONDUCT OR THE CONDUCT ANYONE ELSE IN CONNECTION WITH THE SERVICES AND/OR SITES OR USE OF THE SERVICES AND/OR SITES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE SITE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU AND/OR OTHER USERS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNDER NO CIRCUMSTANCES WILL SKILLSWEET’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, THESE TERMS AND CONDITIONS OR THE USE OF THE SERVICES AND/OR SITES, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID SKILLSWEET FOR THE USE OF ANY SERVICE, THE AMOUNT OF TEN US DOLLARS ($10.00) OR ITS EQUIVALENT.
EXCLUSIONS AND LIMITATIONS
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
INDEMNITY AND WAIVER
By using the Services and/or Sites, you agree to indemnify and hold SkillSweet, its affiliates, their respective officers, directors, employees, agents and third parties, successors and assigns, harmless for any violation or against any direct or indirect third party claim, liabilities, losses, costs, damages and expenses, including reasonable attorneys’ fees, which may relate to or arise as a result of your use of and/or participation in the Services and/or Sites for any reason whatsoever including, without limitation, as a result of (a) any postings made by you, (b) your violation of any terms of these Terms and Conditions, (c) your violation or infringement of any rights or a third party, and/or (d) your violation of any applicable laws, rules, ordinances and/or regulations. This indemnification obligation will survive this agreement, any subscription and/or your use of the Services and/or the Sites. You hereby irrevocably and unconditionally waive any claims, liabilities, losses, costs, damages and expenses (whether direct or indirect) which it may have against SkillSweet (and/or its affiliates, their respective officers, directors, employees, agents and third parties, successors and assigns) that may arise as a result of your use of and/or participation in the Services and/or the Sites for any reason whatsoever. SkillSweet hereby reserves the right to assume the defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with SkillSweet in asserting any available defenses.
APPLICABLE LAW AND OTHER TERMS
The Services and/or the Sites are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local laws or regulations. Accessing the Services and/or the Sites and/or materials and/or information available on the Services and/or Sites from territories where their contents are illegal is strictly prohibited and constitutes a violation of the terms of these Terms and Conditions. If you choose to access the Services and/or the Sites from outside the United States, you do so at your own initiative and risk and are responsible for compliance with applicable local laws and regulations.
This agreement and these Terms and Conditions shall be governed by and construed and interpreted in accordance with the laws of the State of New York, without giving effect to its conflicts of laws rules that would require the application of the laws of another jurisdiction.
DISPUTE RESOLUTION AND ARBITRATION
IMPORTANT: PLEASE READ THIS SECTION CAREFULLY. IT MAY AFFECT YOUR RIGHTS. BY ENTERING INTO THIS AGREEMENT, AND/OR ACCEPTING THESE TERMS AND CONDITIONS AND/OR USING OR ATTEMPTING TO USE THE SERVICES AND/OR THE SITES, YOU AND ACOTEL INTERACTIVE, INC. (D/B/A "SKILLSWEET") BOTH AGREE TO RESOLVE ANY CLAIM, CONTROVERSY OR DISPUTE BETWEEN YOU AND SKILLSWEET, INCLUDING, WITHOUT LIMITATION, ANY CLAIM, CONTROVERSY OR DISPUTE ARISING OUT OF OR RELATING TO THE PRODUCTS AND/OR SERVICES PROVIDED UNDER THESE TERMS AND CONDITIONS THROUGH BINDING ARBITRATION (OR, IF THE CASE QUALIFIES, BY COMMENCING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT) INSTEAD OF IN COURTS OF GENERAL JURISDICTION.
PLEASE NOTE THAT ARBITRATION IS MORE INFORMAL THAN LITIGATION. THERE IS NO JUDGE OR JURY IN AN ARBITRATION PROCEEDING BUT THERE IS A NEUTRAL ARBITRATOR INSTEAD AND THE PROCEDURES MAY BE DIFFERENT THAN IN A COURT. ARBITRATION ALLOWS FOR MORE LIMITED DISCOVERY AND LIMITED APPELLATE REVIEW BUT AN ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT, INCLUDING ATTORNEYS' FEES, IF APPLICABLE.
PLEASE ALSO NOTE THAT THE SUBJECT MATTER OF THIS AGREEMENT AND THESE TERMS AND CONDITIONS IS AN INTERSTATE COMMERCE TRANSACTION. CONSEQUENTLY, THE FEDERAL ARBITRATION ACT ("FAA") GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS AGREEMENT AND THESE TERMS AND CONDITIONS.
In addition, you and SkillSweet both agree that:
1. Reference to "SkillSweet" includes its parents, subsidiaries, affiliates, predecessors, successors, assigns, and its directors, officers, employees and agents. Reference to "you" includes your heirs, personal representative and all beneficiaries of this agreement and these Terms and Conditions and all users of the products and/or services provided under these Terms and Conditions.
2. BY ENTERING INTO THIS AGREEMENT, AND/OR ACCEPTING THESE TERMS AND CONDITIONS AND/OR USING THE SERVICES AND/OR THE SITES, YOU AND SKILLSWEET ARE EACH WAIVING THE RIGHT TO A JURY TRIAL ("JURY TRIAL WAIVER") OR TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION ("CLASS ACTION WAIVER"), INCLUDING, WITHOUT LIMITATION, CLASS ACTIONS OR CLASS ARBITRATIONS BEGUN BY OTHERS PRIOR TO THE DATE OF THIS AGREEMENT EVEN IF APPLICABLE LAW OR THE AMERICAN ARBITRATION ASSOCIATION RULES WOULD ALLOW IT. YOU AND SKILLSWEET MAY EACH BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR CONSOLIDATED OR REPRESENTATIVE PROCEEDINGS. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. IF THIS PARAGRAPH TWO (2) IS FOUND TO BE UNENFORCEABLE, THEN THE AGREEMENT TO ARBITRATE SHALL NOT APPLY.
3. Any claim must first be brought to the attention of the other party by sending a written notice ("Claim Notice") to (a) your then-current (or last provided) billing address, or (b) to SkillSweet at P.O. Box 3315, New York, NY 10008-3315. In the unlikely event that the claim is not resolved within thirty (30) days after the Claim Notice is received, you or SkillSweet may commence arbitration proceedings pursuant to paragraph (4) below. Click here for a Claim Notice form.
4. The arbitration will be governed by the Wireless Industry Arbitration Rules of the American Arbitration Association (the "AAA Rules"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available by visiting www.adr.org or by calling +1 (800) 778-7879.
Unless you and SkillSweet agree otherwise, the arbitration will take place in the County (or equivalent) of your billing address, provided, however, that if your billing address is outside of the United States, the arbitration will take place in New York County, New York. There will be one single neutral arbitrator appointed pursuant to the AAA Rules. If your claim is for $10,000.00 or less, you can choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, or by a hearing in-person or by phone. If your claim exceeds $10,000.00, arbitration proceedings will be carried out in accordance with the AAA Rules. SkillSweet may reimburse you for all AAA filings, administration and arbitrator fees (collectively the "Arbitration Fees") for any arbitration proceedings commenced in accordance with this Dispute Resolution and Arbitration section. In the event you cannot pay the Arbitration Fees, you may request in the Claim Notice that SkillSweet pay the Arbitration Fees directly. If, however, the arbitrator finds that your claim, its substance or the relief sought is frivolous or brought for an improper purpose, you agree to reimburse SkillSweet for all monies disbursed by it that are otherwise your obligation to pay under the AAA Rules. The arbitration award shall be final and binding upon both you and SkillSweet. The language of the arbitration shall be English.
5. UNLESS OTHERWISE PROVIDED IN THIS DISPUTE AND ARBITRATION SECTION, EACH PARTY IS RESPONSIBLE FOR HIS/HER/ITS OWN ATTORNEY'S FEES, THE EXPENSES OF HIS/HER/ITS OWN WITNESSES, EXPERTS AND/OR INTERPRETERS AND ALL OTHER EXPENSES CONNECTED WITH PRESENTING THE CASE.
6. An arbitration award and any judgment confirming such award apply only to that specific case and cannot be used in any other case except to enforce the award itself.
7. The provisions set forth in this Dispute Resolution and Arbitration Section do not preclude you from bringing any issues you may have to the attention of federal, state or local government agencies, including, for example, the Federal Trade Commission, and if the law allows, such agencies can seek relief against SkillSweet on your behalf.
8. The provisions set forth in this Dispute Resolution and Arbitration Section shall survive the termination of this Agreement or your contractual relationship with SkillSweet.
9. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT TO THE CONTRARY, EITHER YOU OR SKILLSWEET MAY ELECT TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT IF THE CASE QUALIFIES UNDER APPLICABLE LAW.
In the event that the agreement to arbitrate set forth above shall not apply, you agree that any legal action or proceeding arising out of or in connection with this agreement and/or Terms and Conditions or any document related thereto shall be commenced in the courts of the State of New York located in New York County or of the United States of America for the Southern District of New York. By visiting and/or or using or attempting to use the Services and/or the Site you unconditionally accept and consent to the exclusive jurisdiction and venue of the aforesaid courts. You consent that personal jurisdiction may be obtained over you by mailing a summons by registered mail or certified mail, return receipt requested, within or without such court's jurisdiction, or by personal service, provided a reasonable time for appearance is allowed. You irrevocably waive any objection, including, without limitation, any objection to the laying of venue based on the grounds of forum non conveniens, which it may now or hereafter have to the bringing of any such action or proceeding in such jurisdictions. Nothing herein shall affect the right of SkillSweet to serve process in any manner other than as set forth herein, as permitted by law or to commence legal proceedings or otherwise proceed against you in any other jurisdiction.
To the maximum extent permitted by law, you expressly WAIVE ANY RIGHT TO TRIAL BY JURY of any action, claim, demand, or proceeding arising under or with respect to this agreement and/or these Terms and Conditions, or in any way connected with, related to, or incidental to the dealings between them with respect to this agreement and/or these Terms and Conditions, or the transactions related thereto, in each case whether now existing or hereafter arising, and whether sounding in contract, tort or otherwise.
Please direct any questions concerning the Services and/or Sites or any other SkillSweet related issue, to a SkillSweet customer service representative by e-mail at: support@SkillSweet.com.
All correspondence and/or communications from law enforcement agencies, including subpoenas, court orders and/or warrants, must be mailed to PO Box 3315 New York, NY 10007 and via email to support@SkillSweet.com.
MISCELLANEOUS 1. These Terms and Conditions constitute the entire agreement between you and SkillSweet with respect to the Services and/or Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the you and SkillSweet with respect to this the Services and/or Sites. No additions, deletions, or modifications to these Terms and Conditions shall be effective against SkillSweet unless set forth in writing and executed by SkillSweet. The failure of either party to enforce any provision of these Terms and Conditions in any instance shall not be deemed a waiver of that provision in that or any other instance.
2. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. The total invalidity or unenforceability of any particular provision of these Terms and Conditions shall not affect the other provisions hereof and these Terms and Conditions shall be construed in all respects as if such invalid or unenforceable provision were omitted.
3. SkillSweet reserves the right to modify these Terms and Conditions at any time without notice. These Terms and Conditions are binding upon you, therefore, you should review these Terms and Conditions often and print a copy for your records.
4. These Terms and Conditions shall be construed without any regard to any presumptions against the party causing the same to be prepared.
5. You may not assign, delegate, convey and/or subcontract any of your rights, duties or obligations hereunder.
6. You acknowledge that any breach of these Terms and Conditions will cause substantial and irreparable harm to SkillSweet for which money damages would be an inadequate remedy. Accordingly, SkillSweet shall in any such event be entitled to obtain, from any Court of competent jurisdiction, injunctive and other forms of equitable relief to prevent such breach and to recover from you SkillSweet’s costs (including, without limitation, reasonable legal and accounting fees) incurred in connection with enforcing these Terms and Conditions, in addition to any other rights or remedies available at law, in equity or by statute.
7. If SkillSweet or its affiliates take any action to enforce these Terms and Conditions, such parties shall be entitled to recover from you, and you agree to pay, all reasonable and necessary legal and/or accounting fees and any cost of litigation, in addition to any other relief, available either at law or in equity, to which such parties may be entitled.
8. SkillSweet may terminate these Terms and Conditions at any time for any reason or no reason at all. Such termination shall not affect any right to relief to which SkillSweet, its affiliates and respective suppliers may be entitled, either at law or in equity. Upon termination of these Terms and Conditions, all rights granted to you shall immediately terminate and revert to SkillSweet, its affiliates and respective suppliers, as applicable.
9. The headings used in these Terms and Conditions are provided for convenience only, do not constitute a part of these Terms and Conditions and shall not be used to construe meaning or intent.
10. Any rights not expressly granted herein are reserved.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL THE PROVISIONS CONTAINED ABOVE.
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