SKYTECHSPORT TERMS OF SERVICE

 

PLEASE READ THIS LEGAL DOCUMENT CAREFULLY

 

This terms and conditions of use applies to the entire contents of the Website under the domain www.skytechsport.com (the “Website”) and to any correspondence between us and you. Please read these terms and conditions carefully before using the Website. Using the Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms and conditions, do not use the Website. This notice is issued by SkyTechSport, Inc., a company construed and existing under the laws of the State of California, with office at 5553 Hollywood Blvd, Los Angeles, CA 90028 (the “Company”, “SkyTechSport”, “we”, or “us”).

 

INTRODUCTION

You may access most areas of the Website without registering your details with us. Certain areas of the Website are only open to you if you register.

 

By accessing any part of the Website, you shall be deemed to have accepted these terms and conditions in full. If you do not accept the terms and conditions in full, you must leave the Website immediately.

 

SKYTECHSPORT may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the then current terms and conditions, because it is binding on you. Certain provisions of the terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages at the Website.

 

LICENSE

You are permitted to print and download extracts from the Website [for your own use] on the following basis:

• no documents or related graphics on the Website are modified in any way;

• no graphics on the Website are used separately from the corresponding text;

• SKYTECHSPORT's copyright and trade mark notices and this permission notice appear in all copies.

                                                            

Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by SKYTECHSPORT or licensed to SKYTECHSPORT by its legitimate owners and licensors. For the purposes of this legal notice, any use of extracts from the Website other than in accordance with section for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.

 

No part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without SKYTECHSPORT's prior written permission. Any rights not expressly granted in these terms are reserved.

 

SERVICE ACCESS

While SKYTECHSPORT endeavors to ensure that the Website is normally available, SKYTECHSPORT shall not be liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond SKYTECHSPORT's control.

 

VISITOR MATERIAL AND CONDUCT

Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. SKYTECHSPORT shall have no obligations with respect to such material. SKYTECHSPORT and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

You are prohibited from posting or transmitting to or from the Website any material:

• that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience to anyone; or

• for which you have not obtained all necessary licenses and/or approvals; or

• which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or

• which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

You may not misuse the Website (including, without limitation, by hacking).

 

SKYTECHSPORT shall fully co-operate with any law enforcement authorities or court order requesting or directing SKYTECHSPORT to disclose the identity or locate anyone posting any material in breach of the law and/or of the TERMS AND CONDITIONS.

 

THIRD PARTY LINKS AND CONTENT

There may be links on the SKYTECHSPORT Sites and/or the SKYTECHSPORT Service that will let you leave the particular SKYTECHSPORT Site or SKYTECHSPORT Service you are accessing in order to access a linked site (the “Linked Sites”). SKYTECHSPORT neither controls nor endorses these linked sites, nor has SKYTECHSPORT reviewed or approved the content that appears on the Linked Sites. SKYTECHSPORT is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any Linked Sites. You acknowledge and agree that SKYTECHSPORT shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the Linked Sites.

 

DEALINGS WITH THIRD PARTIES

Your participation, correspondence or business dealings with any third party found on or through the SKYTECHSPORT Sites and Service, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that SKYTECHSPORT shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

 

REGISTRATION

Each registration is for a single user only. SKYTECHSPORT does not permit you to share your user name and password with any other person nor with multiple users on a network. Responsibility for the security of any passwords issued rests with you.

Your personal data will be processed in accordance with SKYTECHSPORT's Privacy Policy.

 

DISCLAIMER

While SKYTECHSPORT endeavors to ensure that the information on the Website is correct and updated, SKYTECHSPORT does not warrant the accuracy and completeness of the material on the Website. SKYTECHSPORT may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and SKYTECHSPORT makes no commitment to update such material.

 

The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, SKYTECHSPORT provides you with the Website on the basis that SKYTECHSPORT excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill under any jurisdictions which, but for this legal notice, might have effect in relation to the Website).

 

LIABILITY

SKYTECHSPORT, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of SKYTECHSPORT's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.

 

Nothing in this legal notice shall exclude or limit SKYTECHSPORT's liability for:

• death or personal injury caused by negligence; or

• fraud; or

• misrepresentation as to a fundamental matter; or

• any liability which cannot be excluded or limited under applicable law.

 

If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

 

PROFESSIONAL ADVICE DISCLAIMER

THE SKYTECHSPORT SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SKYTECHSPORT SITE. THE USE OF ANY INFORMATION PROVIDED ON THE SKYTECHSPORT SITE IS SOLELY AT YOUR OWN RISK.

 

NOTHING STATED OR POSTED ON THE SKYTECHSPORT SITE OR AVAILABLE THROUGH ANY SKYTECHSPORT SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE SKYTECHSPORT SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND SKYTECHSPORT MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE SKYTECHSPORT SERVICE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

 

MEDICAL DISCLAIMER

In becoming a Member of SKYTECHSPORT with the intent of using the SKYTECHSPORT Service, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise; or (B) your physician has specifically approved of your use of the SKYTECHSPORT Service.

 

If applicable, you further affirm that (A) you are not pregnant, breastfeeding or lactating or (B) your physician has specifically approved your use of the SKYTECHSPORT Service. SKYTECHSPORT reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions.

 

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless SKYTECHSPORT and its affiliates, directors, officers, employees, and agents, from and against all claims, damages, losses and costs that: (i) arise from your activities on the SKYTECHSPORT Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to SKYTECHSPORT violates any law or infringes any third party right, including any intellectual property or privacy right.

 

INTELLECTUAL PROPERTY

You acknowledge that the SKYTECHSPORT Site and Services contain software, audio, video, graphics, photos, or other material (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All SKYTECHSPORT-generated Content and Content provided to SKYTECHSPORT by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, SKYTECHSPORT owns a copyright in the selection, coordination, arrangement and enhancement of all Content in the SKYTECHSPORT Service. Subject to your compliance with these Terms, and solely for so long as you are permitted by us to access and use the Services, you may download one copy of the application to any single device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and are in compliance with these Terms of Use. Unless otherwise specified, modification of the Content or use of the Content for any other purpose, including use of any such Content on any other Web site or networked computer environment is strictly prohibited.

 

The SKYTECHSPORT name, logos and affiliated properties, are the exclusive property of SkyTechSport, Inc. and/or its parent, subsidiary or affiliated entities. All other trademarks appearing on the SKYTECHSPORT Service are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content that they make available through the SKYTECHSPORT Service. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the SKYTECHSPORT Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.

 

COPYRIGHT / DMCA POLICY

SKYTECHSPORT respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to the SKYTECHSPORT Site do not infringe any third party copyright.

 

SKYTECHSPORT will promptly remove materials from the SKYTECHSPORT Site in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party's copyright. In addition, SKYTECHSPORT may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.

 

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:

• Your name, address, telephone number, and email address (if any).

• A description of the copyrighted work that you claim has been infringed.

• A description of where on the SKYTECHSPORT Site the material that you claim is infringing may be found, sufficient for SKYTECHSPORT to locate the material (e.g., the URL).

• A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.

• A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

• Your electronic or physical signature.

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You may submit this information via:

• Email: support@skytechsport.com

• Offline: Company’s Copyright Agent (see contact information below)

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SKYTECHSPORT may disclose any communications concerning DMCA notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.

If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S. C. § 512(g)(3), for more information

 

Company’s Copyright Agent

You may send a DMCA notice or any inquiries concerning intellectual property to:

SkyTechSport, Inc.

5553 Hollywood Blvd,

Los Angeles, CA 90028

Attn:  Copyright Agent

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GENERAL PROVISIONS

GOVERNING LAW:  This Agreement shall be governed by the laws of the State of California, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.