Terms of Service
The following terms and conditions govern all use of skatter.com (“Website”) and all content, services, software, and products available through the website. The website is owned and operated by Skatter Tech, Inc. (“Skatter Tech”). The Website is offered subject to your acceptance without modification of any of the terms and conditions (“Agreement”) contained herein and all other operating rules, policies, and procedures that may be published in the future the Website by Skatter Tech.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website. These terms and conditions are an offer by Skatter Tech; acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Responsibility of Website Visitors
Skatter Tech has reviewed all content published on the Website excluding excluding user generated comments. However, Skatter Tech is not responsible for the effects of the content. By operating the Website, Skatter Tech does not represent or imply that it endorses the posted material, or believes the material to be accurate, or guarantees the material to be non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that you consider offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of, which is subject to additional terms and conditions stated or unstated. Skatter Tech disclaims any responsibility for harm resulting from the use of the Website.
You may use the Website for lawful purposes only. You may not, through Skatter Tech, distribute any material or engage in any conduct that:
- Violates or infringes the rights of others including, but not limited to: copyright, patent, trademark, or trade secret rights.
- Is considered unlawful, abusive, deceptive, defamatory, fraudulent, harassment, threatening, tortious, or obscene.
- Harasses or intimidates an individual or group of individuals based on age, disability, ethnicity, gender, race, religion, or sexual orientation.
- Contains code considered malicious, which may entirely or partially interrupt, destroy, or limit a computer’s software or hardware.
- Promotes actions and behavior which is considered a criminal offense.
- Hinders access to the Website for others.
- Attempts to gain unauthorized access to Skatter Tech’s servers, networks, or user accounts.
Responsibility of Commenter
If you post a comment, which may include links, to the Website or otherwise make material available by means of the Website (any such material, “Comment”), you are entirely responsible for the content of, and any harm resulting from, that Comment. That is the case regardless of whether the Comment in question constitutes, but is not limited to, audio, graphics, text, video, or computer software. By making Comment available, you represent and warrant that:
- The downloading, copying, and use of the Comment will not infringe on proprietary rights, including but not limited to the copyright, patent, trademark, or trade secret rights, of any third party.
- If your employer has rights to the intellectual property you create, you either received permission from your employer to post or make available the Comment, including but not limited to any software, or secured from your employer a waiver as to all rights in or to the Comment.
- You have fully complied to with any third-party licenses relating to the Comment, and have done all things necessary to successfully pass through to end users any required terms.
- The Comment does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content.
- The Comment is not spam, is not machine-generated or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or misleading recipients as to the source of the material (such as spoofing).
- The Comment is not pornographic, does not contain threats, or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party.
- Your Comment is not named in a manner that misleads your readers into thinking that you are another person or company. Your Comment’s website URL can not be the name of a person other than yourself or a company other than your own or represent.
- You have in the case of Comment that includes computer code, accurately categorized and/or described the type, nature, uses, and effects of the materials, whether requested to do so by Skatter Tech or otherwise.
By submitting Comment to Skatter Tech for inclusion on the Website, you grant Skatter Tech a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the Comment solely for the purpose of display, distributing and promoting our Website. If you request the removal of your Comment, Skatter Tech will use reasonable efforts (though not obligated) to remove it from the Website, but you acknowledge that caching or references to the Comment may not be made immediately unavailable.
Without limiting any of those representations or warranties, Skatter Tech has the right (though not the obligation) to, in Skatter Tech’s sole discretion refuse or remove any content that, in Skatter Tech’s reasonable opinion, violates any Skatter Tech policy or is any way harmful or objectionable or terminate or deny access to and use of the Website to any individual or entity for any reason.
Content Posted on Other Websites
We have not reviewed and cannot review all of the material, including computer software, made available through the websites to which Skatter Tech links and websites that link to Skatter Tech. Skatter Tech does not have any control over those websites and is not responsible for their content or their use. By linking to a non-Skatter Tech website, Skatter Tech does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Skatter Tech disclaims any responsibility for harm resulting from your use of non-Skatter Tech websites.
As Skatter Tech asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material on or linked to by the Website violates your copyright, you are encouraged to notify Skatter Tech. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to infringing material. In the case of a commenter who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Skatter Tech or others, Skatter Tech may, in its sole discretion, terminate or deny access to and use of the Website.
License to Use the Website
You may use the content on Skatter Tech or content on the Website made available for download for personal, non-commercial purposes. You may not use bots, data mining, or resource extraction tools to scrape and/or store Skatter Tech content. You are free to broadcast, copy, display, distribute, share, reprint, translate, and transmit our content with or without modifications under the following conditions:
- You must attribute our content with mention of “Skatter Tech” and a hyperlink pointing back to the Website, without suggesting our endorsement of you or your use of our content.
- You may not misrepresent or claim authorship of the content. If you choose to modify the content, you must denote your modifications and not misrepresent it as original work.
- You may not use Skatter Tech content for commercial purposes without prior pre-written consent from an authorized Skatter Tech executive.
You must, at your own expense, provide all equipment and Internet connections you will need to access Skatter Tech. For example, if you access the Website through a dial-up connection, you are responsible for any usage charges, toll charges, and/or long distance charges. If you access Skatter Tech through a mobile device, you are responsible for fees that your Cellular Carrier may charge. Check with your Internet Service Provider or Cellular Carrier for applicable fees and usage policies. We are not responsible for any charges or additional costs that may result from accessing the Website.
You may not use the Website as a means to directly or indirectly distribute any material which includes, but is not limited to bulk email. You may not collect information about Skatter Tech’s users. We take spam seriously and will take measures to prevent unsolicited content.
This Agreement does not transfer from Skatter Tech to you any intellectual property (Skatter Tech or third party), and all right, title and interest in and to such property will remain (as between the parties) solely with Skatter Tech. Skatter Tech’s logo and all other trademarks, service marks, and graphics (color combinations and layouts) used in connection with Skatter Tech or the Website are trademarks or registered trademarks of Skatter Tech or Skatter Tech’s licensors. Other trademarks, service marks, graphics, and logos used in connection with the Website may be trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Skatter Tech or third-party trademarks.
Skatter Tech reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. This Agreement is available at the bottom of each page labeled “Terms & Conditions”. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Skatter Tech may also, in the future, add and/or remove services and/or features through the Website (including, tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Skatter Tech may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement you may simply discontinue using the Website.
Disclaimer of Warranties
The Website is provided “as is”. Skatter Tech makes no warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability
In no event will Skatter Tech, or its licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal equitable theory for:
- Any special, incidental or consequential damages
- The cost of procurement or substitute products or services
- For interruption of use or loss or corruption of data
Skatter Tech shall have no liability for any failure or delay due to matters beyond their reasonable control. The forgoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You agree to indemnify and hold harmless Skatter Tech and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Skatter Tech and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Skatter Tech, or by the posting by Skatter Tech of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Santa Clara County, California. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Skatter Tech may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
December 24, 2010 – New Terms & Conditions for Skatter Tech, Inc.