Terms and Conditions of Use
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS,PLEASE DO NOT ACCESS OUR SITE.
1. Your Agreement
These Terms govern your use of the Website. Please read these Terms carefully;they impose legal obligations on you and on SKY, and establish our legal relationship. By using our services or accessing our Website, you are acknowledging that you have read and understood these Terms and agree to be legally bound by them.
In addition, if you affirmatively provide us with information or register as a Site Customer via our Website, during the submission process (and from time to time as we may require) you will be prompted to click an "I Accept" button, which further confirms your agreement to be legally bound by these Terms.
2. Grant of Rights
Provided you comply with these Terms, we grant Site Visitors, and Site Customers the right to access all publicly available areas of the Website for purposes of (i) learning more about our services and, with respect to Site Customers, the right (ii) to access all password protected areas of our Site, and (iii) to participate in all of our offerings for which they are eligible (collectively "Permitted Purposes").
In addition, we grant you the right to print out a reasonable number of pages from our Website, and circulate to others interested in our services a copy of these pages, provided that (a) you use these print-outs (and ensure your recipients use these print-outs) only for Permitted Purposes, and (b) you retain on these print-outs any copyright notices or other proprietary notices as they appear on our Website. Apart from your express right to use and print for Permitted Purposes, you may not use, copy, modify, distribute, or access our Website, or any materials we have made available on the Site.
3. SKY Owenership;
Reservation of Rights All information, software, artwork, text, video, audio, pictures, logos, and other content on the Website or embodied in our online services are protected by copyright and other intellectual property laws, and are owned by SKY and its licensors, or are included under principles or "fair use". SKY retains all rights with respect to the Website except those expressly granted to you in Section 2, above.
4. Links to Third-Party Sites
The Website may contain links or produce search results that reference links to third party Websites (collectively "Linked Sites"). SKY has no control over these Linked Sites or their content and does not assume responsibility or liability for any content, opinions, or materials available on Linked Sites. SKY does not endorse the content of any Linked Site, nor does SKY warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other Web-access device. By using the Website to search for or link to another site, you agree and understand that such use is at your own risk.
5. Code of Conduct
As a condition to your use of the Website, you agree to follow our Code of Conduct, set out below. Under this Code, you will not:
Use the Website in a manner that could disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.
Seek to obtain access to any materials or information through "hacking" or through other means we have not intentionally made available to you through the Website.
Submit material that is intentionally false, defamatory, unlawfully threatening, or unlawfully harassing. Transmit materials through the Site that you know or should know contain viruses, Trojan horses, worms, time bombs, cancelbots, or other computer- programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
Infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. Electronic materials - such as music, videos, games, images, and text in electronic form -- can easily be copied, modified and sent over networks (such as the Internet). These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. These materials may not be transmitted over the Website without the copyright owner's permission, or without a legitimate "fair use" justification for the transmittal.
Disseminate materials that invade the privacy of others, such as photographs, video clips, sound recordings, personally identifiable information, or other materials that reveal personal, private or sensitive information about another person, without that person's consent.
Transmit or display obscene materials, particularly those that contain child pornography or other pornographic images or content. Use the Website for any purpose that is unlawful or prohibited by these Terms.
We will enforce the above Code of Conduct wherever we deem necessary. Please understand, however, that SKY does not control - and does not necessarily endorse - the content, messages, or information found in any community area we may make available via the Site. When you participate in such areas, you do so at your own risk, and we expressly disclaim responsibility for the content, messages, or information found in these areas.
6. Revocation or Suspension of Use Privileges
We reserve the right at any time to terminate or suspend your access to some or all of the Website if you engage in activities that we conclude, in our discretion, breach our Code of Conduct.
7. Submitted Content
8. Warranty Disclaimer
SKY does not promise that the Website will be error-free or uninterrupted, or that the Site will provide specific results from your use of any content, search, or link on the Site. The Site, and all services on the Site are delivered on an "AS IS" and "AS AVAILABLE" basis. SKY does not warrant or represent that files you download from the Site will be free of viruses or other harmful features. SKY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT USE OF THE SKY SITE AND RELATED SERVICES IS AT YOUR SOLE RISK.
9. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL SKY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE SKY SITE. IN NO EVENT SHALL SKY AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO OR ARISING OUT OF THE SITE OR ANY SERVICES YOU RECEIVE FROM THE SITE ("SITE SERVICES") EXCEED THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO SKY FOR SUCH SITE SERVICES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
10. Indemnity You agree to defend, indemnify, and hold SKY and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of these Terms.
11. Contact for Alleged Copyright Infringement
SKY respects the intellectual property rights of others and requires that its users do the same. If you believe that any content available on the SKY Site or other activity taking place on the Site constitutes infringement of a work protected by copyright (a "Work"), please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”) to respond to such concerns, as follows:
SKY Support: 820A Kifer Rd., Sunnyvale, CA 94086
Your notice must comply with the DMCA. Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.
12. Additional Terms for Certain Services or Sites
We may offer certain further services at the Site that are subject to additional or different terms and conditions. We will notify you if the site or service you are accessing is subject to terms and conditions that differ from these Terms, and you will have the opportunity to decline to participate in such sites or services, if you do not agree with the differing terms and conditions.
13. Modifications of these Terms
If we modify these Terms, any such modifications will take effect proactively, upon your subsequent access to the Website. Please feel free to print out a copy of these Terms for your records.
These Terms of Service shall not be assignable by you, either in whole or in part. SKY reserves the right to assign its rights and obligations under these Terms.
No Refunds. Charges are assessed immediately upon purchase of each daypass to your authorized payment method. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Skyroam service, any disruption to the Skyroam Service, or any other reason whatsoever.
The following provisions shall survive the termination of these Terms and shall apply indefinitely:
Section 3 (SKY Ownership; Reservation of Rights)
Section 7 (Submitted Content) (with respect to Use Rights)
Section 8 (Warranty Disclaimer) Section 0 (Limitation of Liability)
Section 10 (Indemnity)
Section 14 (Assignment)
Section 15 (General)
Section 16 (Survival)
18. Contact Us
You may contact us for any reason at the following address:
Attention: SKYROAM Operations
Address: 820A Kifer Rd., Sunnyvale, CA 94086
19. Effective Date
The effective date of these Terms is July 1, 2011.
COPYRIGHT AND LEGAL NOTICE.
Copyright ©2011 Sky Travel Services Co., Limited. All Rights Reserved.