Terms of Use – skylinc

Last updated: June 10, 2020

Please read these Terms of Use carefully before accessing or using the Skylinc website and the Skylinc mobile App (the Service) operated by Skylinc, LLC.

User's access to and use of the Service is conditioned on User's acceptance of and compliance with these Terms of Use. These Terms of Use apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service, User agrees to be bound by these Terms of Use. If User disagrees with any part of the Terms of Use, then User may not access or use the Service.

Service

Skylinc is intended for personal non-commercial use only. Features of the Service, including but not limited to cloud storage with a beautiful, intuitive, and organizing interface that User may use as a managing and planning tool for User's life. Within the Service, User can create unique digital collections of what is important to User and share or unshare User's digital collections and comments. Subscription levels determine the use of certain features, the amount of cloud storage, and sharing options.

Defining some terms:

User – the person who has agreed to the Terms of Use and contracted with Skylinc as either an unpaid or paid User of Service.

Parties to the terms of use – You, the User, and Skylinc, LLC headquartered in Indiana.

User Content – any content in any format, including but limited to what User saves, copies, shares, or comments.

User Devices – devices utilized to access Services. Devices include but arenot limited to mobile phones, laptops, PC, tablets, and smartwatch.

User Content

Digital information User chooses to save, or use may be copyrighted, licensed, or protected by other laws, and we ask that User respects this intellectual property. User agrees to use Service only for lawfully acquired Content. Content on some third-party sites may be protected by copyright and other applicable laws and must be observed except to the extent allowed under the U.S. "fair use" provision copyright laws. By saving or sharing Content, User represents that doing so does not infringe upon any third party's legal rights of any kind. Please refer to the visited site or owner of Content and note and observe any restrictions. We reserve the right to protect the intellectual property of others and may due to laws found, or at our sole discretion at any time without notice block use.

User is solely responsible for User's Content and the sharing of User's Content. Skylinc is not responsible for User Content, nor does it endorse any opinion contained in User Content. User agrees that if anyone brings a claim against Skylinc related to User Content then, to the extent permissible under local law, User will indemnify and hold Slylinc harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of such claim.

User may not use Skylinc services to post any materials that User does not have permission, right, or license to use; post objectionable, offensive, unlawful, deceptive or harmful Content; post personal private or confidential information belonging to others; request personal information from a minor; impersonate or misrepresent User's affiliation with another person or entity; post or transmit spam, including but not limited to unsolicited or unauthorized advertising, promotional materials, or informational announcements; plan or engage in any illegal, fraudulent, or manipulative activity.

Payments and Billing

User can increase User's storage space and add paid features to User's account, thus creating a paid account. We will automatically bill User from the date User converts to a paid account and on each periodic renewal until cancellation. If User is on an annual plan, we'll send User a notice email reminding User that User's plan is about to renew within a reasonable time before the renewal date. User is responsible for all applicable taxes, and Shylinc will charge tax when required to do so.

Paid account fees remain fixed during the User’s term unless User upgrades products or base packages, subscribes to additional features or products. Storage information is also made available to User on User’s Service Account Information page.

There are no refunds. User may cancel User's Skylinc account at any time. Refunds are only issued if required by law.

User's paid account will remain in effect until it's canceled or terminated under these terms. If User doesn't pay for User's paid account on time, Skylinc reserves the right to suspend and remove Service.

Skylinc may change the fees in effect but will give User advance notice of these changes via a message to the email address associated with User's account.

Skylinc is not responsible for any data fees User may incur by using Skylinc.

Termination

User is free to stop using Service at any time. We reserve the right to suspend or terminate User's access to the Service with notice to User if:

1. User is in breach of these terms.

2. User's use of the Service would cause a real risk of harm or loss to other Users or Skylinc.

3. User does not have a paid account, and User has not accessed Service for 60 days.

Skylinc will provide User with reasonable advance notice via the email address associated with User's Service to remedy the activity that prompted Skylinc to contact User about Service termination and allow User to export User's Content from Service. If, after such notice, User fails to take the steps Skylinc asks of User, Skylinc will terminate or suspend User's access to Service.

Skylinc will not provide notice before termination where:

1. User is in material breach of these terms.

2. Doing so would cause us legal liability or compromise our ability to provide the Services to other users.

3. We're prohibited by law from doing so.

Upon terminating, User agrees to permanently destroy all copies of the Skylinc account, its technology, and applications. User will lose access to all features and stored Content that requires a Skylinc account.

How Can I Send A Notice To Skylinc

Please send an email to xxxxxxxxxxxxxxxxxxxxxxx. When User's email is received, we will acknowledge receipt and begin crafting a response.

If User Dies Or Becomes Incapacitated

If User dies, the privacy of User's Content will continue, even after User's death or incapacity. If User wishes to enable someone to have access to User's Content after User is no longer able to provide them access, User needs to implement a process for providing User's information to enable someone to have access to User's Content. We will not provide User's information, or User's Content, to anyone, even next of kin, unless we determine that we are legally obligated to do so. We encourage User to include User's Basic Subscriber information, with instructions on how to access User's Content, in User's will or other estate plans, so that anyone the User wishes to have access to User's account will have the means to do so.

An authorized legal representative for a deceased or legally incapacitated can cancel a current Paid Service subscription and must notify us (see "How Can I Send A Notice to Skylinc,") and identify the account in question and request cancellation of the Paid Service. We will cancel the Paid Service subscription if the legal representative demonstrates to our satisfaction their legal authority to act and be legally responsible for such individual and their ability to validate the details of the payment method used for such Paid Service.

Access Restrictions

a) User will limit User's access to and use of Service to User's needs, as required within the scope of User's use of Service. User may not (1) exploit Skylinc by including but not limited to trespass or burdening network capacity; (2) collect or harvest personal information about other users of Skylinc; (3) create a large load on our servers; (4) share User's information and or digital files with an unreasonable large number of persons that do not know User; (5) impersonate or misrepresent User's affiliation with another person or entity; (6) use for illegal purposes.

b) Access to and/or use of Service will be strictly limited to the extent User has the legal right to such access and use under, and User has otherwise complied with, all applicable federal, state and local laws and regulations directly or indirectly governing the access to or use of Service. Those laws and regulations, include, without limitation, all laws and regulations related to privacy, security, and customer identification.

c) User must, personally, implement and continue to maintain appropriate Safeguards to protect User's and Skylinc Proprietary Data. The Safeguards will: (i) ensure the security and confidentiality of User's and Skylinc Proprietary Data; (ii) protect against any anticipated threats or hazards to the security or integrity of User's and Skylinc Proprietary Data; and (iii) protect against unauthorized access to or use of User's and/or Skylinc Proprietary Data.

d) Unless otherwise agreed to in writing by Skylinc, as appropriate, User agres to safeguard and refrain from disclosing the Skylinc access codes or passwords to any person, firm, entity, affiliate or governmental entity. If User becomes aware that an Unauthorized User gains access to or use of Service, User will promptly notify Skylinc LLC. User will also take any actions reasonably requested by Skylinc and otherwise reasonably cooperate with Skylinc to minimize the effect of that access or use and to mitigate any loss or damage associated with that access or use.

e) Unless otherwise agreed to in writing by Skylinc, Skylinc may only be accessed and used (i) by User on User's personal devices and (ii) by using the access methods authorized by Skylinc.

f) User will not access or use, or allow any parties to access or use Skylinc in a manner as to interfere with the use of Skylinc, In addition, User shall not implement or use, or allow any parties to implement or use any data extraction methods without the expressed written consent of Skylinc.

Information User Provides

a) User agrees to read our Privacy Policy. User is required to set up a user account to use Service. When creating a User account, User must provide certain current and accurate information about User during the registration process and User must keep that information current. If the information is untrue, inaccurate, not current or incomplete, Skylinc retains the right to suspend or terminate User's access and Service. If User chooses to send Skylinc any suggestions or messages regarding Skylinc services, we have no obligation with respect to such information and shall be free to use for any purpose whatsoever. User is solely responsible for all content User saves, shares, creates. or communicates through the Service. If a claim should arise after termination of Service, User agrees that all information is not deemed to be private. If we or other person asks User to cease and desist from sharing any Content, User will agree to stop immediately.

b) User gives Skylinc User's permission to do things like hosting and backing up User's Content and sharing it when User asks us to. Skylinc services also provide User with additional features that include but are not limited to organizing, creating, commenting, etc. To provide this Service, Skylinc accesses, stores and scans User's Content. User gives Skylinc permission and trusted third parties Skylinc works with to do these things.

Intellectual Property

a) Title to all Service shall remain with Skylinc. User has no proprietary rights in the Skylinc Applications. User's right to use the Service is personal to User, non-assignable, non-exclusive and non-transferable.

b) User shall not modify, copy, create derivative works of, alter, repair, attempt to repair, disclose or in any way tamper with the Service without the express prior written consent of Skylinc. User will not decompile, reverse engineer, disassemble, or otherwise reduce any of the Service software in whole or in part, to a human-perceivable form.

c) User recognizes that the Service constitutes valuable trade secrets of Skylinc. User will use User's best efforts to protect and keep confidential, the Skylinc Applications and any information relating thereto, and shall make no attempt to, nor permit others to, examine, copy or alter the Service except as provided in these Terms of Use, or otherwise agreed to by Skylinc in writing. All intellectual property rights in the Service and their documentation are owned by SKylinc, and are protected by United States copyright laws and international treaty provisions. Skylinc retains all rights not expressly granted. All rights to derivative works shall be owned solely by Skylinc, unless otherwise specifically agreed to in writing by Skylinc.

Damages

User will pay all charges for maintenance and other service activities and for loss or damage to any Service or hardware or software caused or necessitated by: (a) any use by User of the Services for purposes other than those for which they are designed or otherwise in breach of these Terms of Use; (b) any alteration by User of Services; c) User's introduction of Malicious Code into the Services; (d) User's negligence or willful misconduct; or (e) User's failure to comply with the Access Restrictions enumerated in Terms of Use.

Warranty and Limitations of Liability.

a) Skylinc reserves the right to modify, terminate or withdraw any or all of the Service or data or Content contained in the Services at any time, without notice to User.

b) While Skylinc will take all reasonable efforts to ensure that the Service functions appropriately and that all data and sontent contained in Service are correct and accurate, the availability and functionality of the Service and the accuracy of content delivered through the Services are not guaranteed.

c) Skylinc LLC provides all of the Services and all information contained in Skylinc to User "as is" without warranty of any kind. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO EXPRESS WARRANTIES AND THERE ARE NO IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OWNERSHIP PROVIDED WITH RESPECT TO THE Skylinc Services OR THE INFORMATION CONTAINED IN THE Skylinc Services. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO User. We also disclaim any warranties of merchantability, fitness for a particular purpose, and non-infringement.

d) In no event, whether in contract or tort, or otherwise shall Skylinc LLC be liable for any direct or indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including, but not limited to, loss of use, lost profits, interruption of business, loss of Content, down-time costs, or claims by User or third parties for damages or claims arising from or relating to the Service, regardless of how such damages or claims may be caused, whether or not because of negligence, strict liability, fault or delay of Skylinc LLC even if Skylinc LLC has been advised of the possibility of such damages in advance. Because some jurisdictions do not allow exclusions or limitation of incidental or consequential damages, liability in such jurisdictions shall be limited to the extent permitted by law.

e) Skylinc does not guarantee, represent, or warrant that User's use of the Service will be uninterrupted, error-free, and User agrees that from time to time that Skylinc may remove Service for indefinite periods of time, cancel Service at any time, or otherwise disable or limit User's access without notice to User. Skylinc does not guarantee that its services will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and User hereby releases Skylinc of from any liability relating hereto. User is responsible for backing up User's Content created or acquired.

User expressly agrees that User's use of or User's inability to use Service is at User's sole risk without warranties of any kind.

Indemnification

In no case shall Skylinc LLC and its affiliates and their respective officers, directors, employees, contractors, agents, licensors, successors and assigns be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from User's use of the Service or for any other claim related in any way to User's use of the Service and/or Content, including but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, created, shared, transmitted, or otherwise made available via the Service, even if advised of their possibility, and from any and all Losses and threatened Losses, damages arising from or in connection with a breach of these Terms of Use by User or User's failure to abide by the terms and conditions of the applicable Skylinc Terms of Use.

By using Skylinc, User agrees to indemnify and hold Skylinc LLC, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of User's breach of this agreement, User's use of the Service or any action taken by Skylinc LLC as part of its investigation of a suspected violation of this agreement or as a result of its finding or decision that a violation of this agreement has occurred. User agrees User shall not sue or recover any damages from Skylinc, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information or Content, to warn User, to suspend or terminate User's access to the Service, or to take any other action during the investigation of a suspected violation or as a result of Skylnc's conclusion that a violation of this agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this Terms of Use.

Federal and State Investigation.

Skylinc LLC reserves the right to leverage the Skylinc data in support of any State or Federal investigation, as well as in accordance with any applicable state and federal regulations. In the event criminal activity is suspected, Skylinc LLC will comply with State and Federal authorities and may be involved in providing evidence in support of litigation against User or third parties. Any illegal acts performed through the use of the Service will be punishable in accordance with applicable State and Federal laws.

Governing Laws

These Terms of Use shall be governed by and interpreted pursuant to the substantive laws, but not the conflict of law rules, of the State of Indiana. Any claim, controversy or dispute shall be brought exclusively in the courts of Indiana , with venue in Vanderburgh County .

Enforcement of Terms of Use

User grants Skylinc the right to take steps Skylinc believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Terms of Use. User agrees that Skylinc has the right, without liability to disclose any data and/or Content to law enforcement authorities, government officials, and/or a third party as is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Terms of Use, including but not limited to Skylinc's right to cooperate with any legal process relating to User's use of the Service and third party claim that User's use of this Service or Content is unlawful and/or infringes such third party's rights.

Discontinuation of Services

Skylinc may decide to discontinue the Service in response to unforeseen circumstances beyond Skylinc's control or to comply with a legal requirement. If Skylinc does so, Skylinc will give User reasonable prior notice so User can export User's Content from the Service. If Skylinc discontinues the Service in this way before the end of any fixed or minimum term User paid us for, Skylinc will refund the portion of the fees User has pre-paid but has not received Service for.

No Class Action

User may only resolve disputes with Skylinc on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.

Children and Teens Under the Age of 18

Children and Teens Under the Age of 18 must review this Agreement with their parent or guardian to ensure that the User and or Users under the age of 18 and parent or legal guardian understand it.

Modifications

Skylinc may revised these terms from time to time to better reflect

a) changes to the law

b) new regulatory requirements

c) improvements or enhancements made to our Service.

d) change in internet protocols

BY CHECKING THE "I have read and accept Terms of Use" CHECKBOX , USER ACKNOWLEDGE THAT USER HAS READ THESE TERMS OF USE, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.