Terms and Conditions
The Terms of Service
The Terms of Service (the "Agreement") set forth the legally binding terms and conditions under which SkyPoP Partners LLC ("SkyPoP") provides services to its users. These terms govern the use of our website at http://skypop.com (the "site") and any services, features, content or applications (collectively with the site, the "service") offered by SkyPoP. Please read this agreement carefully prior to using the service offered by SkyPoP.
Acceptance of Terms
Use of the the site and the service, including, but not limited to, any service performed by SkyPoP or any promotions, features, content or applications offered by or downloaded from SkyPoP, is solely for customers' own use and not for the use or benefit of any third party. No third-party rights or benefits are created or intended by the use of the site or service.
Registration is required as a condition to using certain aspects of the site or service. Registration indicates that you represent and warrant to provide SkyPoP with accurate and truthful registration information, such as your registration name ("user name"), phone number, email, and password (used to access the site). Your failure to keep registration information accurate and up-to-date constitutes a breach of this Agreement and may result in termination of your SkyPoP account. By registering, you represent and warrant that you are an individual of legal age to form a binding contract; or that you are an individual registering on behalf of an entity and that you are authorized to enter into and bind the entity to this Agreement. The site and service is not available to individuals younger than 13 years of age. If you are under the age of 13, you are not permitted to register with or use the site or service provided by SkyPoP. Further, all users agree to the following: (1) to not provide any false personal information or to create an account for anyone other than yourself or to use a user name that belongs to another person without their permission; (2) to not create a user name that belongs to a person other than yourself for purposes of impersonating that person; (3) to not register under a user name that is otherwise offensive, obscene or otherwise unlawful; and (4) to notify SkyPoP, in writing, of any breach to your account or other unauthorized use of or activity related to your account. SkyPoP reserves the right to refuse your registration and to suspend or terminate your account and access to the site and/or service at any time, without notice. You are solely responsible and liable for any activity on your account, for keeping your password confidential, and for ensuring that this Agreement is in compliance with all laws, rules and regulations applicable to you. If your right to access and use the site or service is revoked by SkyPoP, you agree to no longer use or access the site or service in any way.
All content accessed through the site or service is at your own risk, and you acknowledge sole responsibility and liability for any damage or loss to you or another person. SkyPoP does not guarantee the authenticity of any content or personal information provided by users, whether publicly posted or privately transmitted, and any content is the sole responsibility of the person who originated such content. For purposes of this Agreement, the term "content" includes, but is not limited to, any location, promotion, program or user information, comments, data, text, software, scripts, graphics and any interactive features provided or otherwise accessible through the site or service. Any content added, created, uploaded, submitted or distributed through the site or service is considered a "user submission."
Any content provided by SkyPoP is protected by copyrights, trademarks, service marks, patents, trade secrets and other proprietary rights and laws, as applicable. Subject to the terms of this Agreement, SkyPoP grants each user a worldwide, non-exclusive, non-sublicensable, non-transferable, revocable license to use the content solely for personal, non-commercial use. Any use, reproduction, modification or distribution of any content for any purpose other than personal, non-commercial use is prohibited without the prior, written consent of SkyPoP, or from the copyright holder, as identified on the content page.
If you submit content through the site or service, you hereby grant SkyPoP a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and fully exploit such user submission. This license grant to SkyPoP does not affect other ownership rights, such as the right to grant additional licenses of your user submission(s).
In transmitting a user submission, you represent and warrant that you have all rights to grant such a license to SkyPoP and that such grant does not infringe or violate the rights of any third parties, such as privacy rights, publicity rights, copyrights, or any other proprietary rights.
Further, you acknowledge that any deleted user submission will be removed from the site or service, but may remain in backup copies for a reasonable period of time and may remain embedded with users who have accessed or downloaded such content.
No user shall submit, post, upload, distribute through or otherwise use any content on or through the site or service, including any user submission, that:
- Infringes any patent, trademark, trade secret, copyright, right of publicity or any other third party rights;
- Is false, misleading or inaccurate;
- Is libelous, defamatory, threatening, harassing, abusive, obscene, pornographic; fraudulent, contains or depicts sexual activity, or is otherwise unlawful;
- Constitutes unauthorized or unsolicited advertising (e.g. spam);
- Contains software viruses or any other code designed or intended to disrupt, disable or damage the function of the site or service;
- Impersonates any person or entity;
- Includes personal identification or otherwise sensitive information;
- Is in breach of any other policies incorporated herein.
Further, no user shall attempt to decipher, decompile, disassemble, reverse engineer or otherwise derive any source code or algorithms from the site or service. A user shall not modify, translate or create derivative works or copy, rent, lease, distribute, or otherwise transfer any of the rights received herein. All users must abide by applicable local, state, national and international law.
SkyPoP cannot guarantee that all content and user submissions will be made available through the site or service. SkyPoP reserves the right to do the following:
- Remove, suspend, block, edit or modify any content or user submission, without notice, at its own discretion;
- Access, preserve and disclose to users and others, at any time and without notice, any information deemed necessary so as to comply with an applicable law, regulation or legal process; enforce this Agreement; detect or prevent fraud; respond to user requests; and protect the rights of SkyPoP, users or the public.
Third Party Websites
SkyPoP may contain links to third-party websites, services or other resources on the Internet. SkyPoP is not responsible for the content of these linked-to websites, services or other resources, such websites, services or other resources are not under SkyPoP's control, and the inclusion of links does not imply that SkyPoP endorses, sponsors or is otherwise affiliated with such websites, services or other resources. You acknowledge that SkyPoP is not responsible for any damage or loss caused in connection with your reliance on any such content.
SkyPoP may terminate all access to the site or service at any time, without notice, and with or without cause. Such termination may result in the destruction of all related information on the site or service and SkyPoP assumes no liability in the event of loss or damage related to any ongoing promotions or programs made accessible through the site or service. In the event of termination, applicable provisions under this Agreement shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.
SkyPoP has no special relationship with or fiduciary duty to you, except as otherwise required by law. Under the terms of this Agreement, you acknowledge that SkyPoP has no duty to take action regarding access to the site or service, content on the site or service, and fulfillment of any rewards that may be outstanding to you as a result of completion of certain loyalty programs and promotions offered through the site or service. Further, you hereby agree to release SkyPoP from all liability related to content accessed through the site or service.
SKYPOP, ITS SITE OR SERVICE AND CONTENT, IS PROVIDED "AS IS" AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES OF MERCHATABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE NON-INFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE. SKYPOP DOES NOT WARRANT ANY OF THE FOLLOWING: THAT THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT THE SITE OR SERVICE WILL BE SECURE, UNINTERRUPTED, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR COMPENSATED; THAT THE INFORMATION RECEIVED AND MADE AVAILABLE THROUGH THE SITE OR SERVICE IS RELIABLE OR THAT YOU WILL RECEIVE ANYTHING IN RETURN FOR YOUR PARTICIPATION IN PROMOTIONS OR PROGRAMS; OR THAT ANY CONTENT IS AVAILABLE FREE OF VIRUSES. FURTHER, SKYPOP DOES NOT WARRANT THAT ANY INFORMATION OR RECORDS STORED ON ITS SERVERS WILL BE MAINTAINED ACCURATELY OR PERMANENTLY OR THAT ANY PROMOTIONS OR PROGRAMS OFFERED THROUGH THE SITE OR SERVICE ARE GUARANTEED.
Electronic Communications Privacy Act Notice (18 USC 2701-2711): SkyPoP does not guaranty confidentiality or privacy of any information, whether personal or otherwise, or communication transmitted on the site or service or related to your use of the site or service.
You agree to defend, indemnify and hold harmless SkyPoP against any and all claims, actions, proceedings, suits, liabilities, losses, damages, costs, expenses and attorneys' fees that arise in connection with your use of, participation with, or access to SkyPoP or otherwise from your user submissions, violations of this Agreement, or infringement by you or any third party using your account of any intellectual property or other right of any person or entity. SkyPoP reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you agree to assist and cooperate with SkyPoP in asserting any available defenses.
Limitation of Liability
All liability of SkyPoP arising from any loss suffered as a result of your use of the site or service is expressly excluded to the fullest extent permitted by law. If a court of competent jurisdiction finds that SkyPoP is liable, the total of such liability shall amount to no more than one hundred US dollars ($100) in the aggregate. However, nothing herein excludes or limits your liability in respect of any indemnity given by you under this Agreement.
SkyPoP, including its directors, employees, and agents, shall not be liable under contract, tort, strict liability, negligence or any other legal or equitable theory, for: (1) any indirect or consequential losses or damages; (2) loss of actual or anticipated profits; (3) loss of revenue or goodwill; (4) loss of data; (5) loss of anticipated savings; (6) wasted expenditure; or (7) cost of procurement of substitute goods or services.
Dispute Resolution & Applicable Law
A printed copy of this Agreement and any other notices provided in electronic form by SkyPoP shall be admissible in any judicial or administrative proceeding subject to the same conditions as other business documents. You and SkyPoP hereby agree that any cause of action arising out of or related to the site or service must be initiated within one (1) year; otherwise, such cause of action is permanently barred. This Agreement is governed by and construed in accordance with the laws of the State of California. Any dispute arising from or relating to this Agreement shall be settled by arbitration in California.
Integration & Severability
This Terms of Service Agreement constitutes the entire agreement between you and SkyPoP, and supersedes all prior communications, whether oral or written. In case any provision herein is found to be unenforceable, illegal or invalid, the enforceability of the remaining provisions shall not in any way be affected, and such provision shall be ineffective only to the extent of such invalidity, illegality or enforceability. The failure of any party to exercise any right provided for hereunder shall not be deemed a waiver of any further rights under this Agreement.
Modification of Terms of Service
SkyPoP reserves the right to modify or replace any of the terms in this Agreement. SkyPoP also reserves the right to change, suspend or discontinue the site or service at any time, without notice. SkyPoP may also impose limits on content or the site or service without notice. Your continued use of the site or service constitutes acceptance of these changes; and it remains your responsibility to check for continued updates to this Agreement.
SkyPoP shall not be liable for any failure to perform where such failure results from any cause beyond SkyPoP's reasonable control, including, but not limited to: (1) mechanical, electronic or communications failure; (2) the decision of any user (e.g. a participating merchant) to discontinue its loyalty program or promotion as offered through the site or service; or (3) any loss or damage resulting from participation in a loyalty program, whether or not the program or promotion is offered through or outside the purview of SkyPoP's site or service.
SkyPoP may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture or employment relationship is created as a result of this Agreement.
Effective Date of Terms: November 14, 2011