Terms of Service

1. ACCEPTANCE OF TERMS
The services that SkyTracks Applications Inc. (hereinafter referred to as “COMPANY”) provides to User is subject to the following Terms of Use (“TOU”). COMPANY reserves the right to update the TOU at any time without notice to User. The most current version of the TOU can be reviewed by clicking on the “Terms of Service” link located on our Web page.

A. This Agreement contains provisions applicable to use of SkyTracks.io, which includes our website and cloud-based, mobile and desktop apps and all players, widgets, tools, applications, data, social media pages, software APIs and any other services (“Services”) provided by COMPANY (hereinafter collectively and individually referred to as “WEBSITE”), including by reference, but not limited to, supplemental terms and conditions set forth in other documents such as our Privacy Policy and sets forth the terms and conditions that apply to use of WEBSITE by User. By using WEBSITE (other than to, immediately upon accessing WEBSITE, read this Agreement for the first time; if user elects not to do so, the User forfeits the benefit of this exception), User agrees to comply with all of the terms and conditions hereof. The right to use WEBSITE is personal to User and is not transferable to any other person or entity. User is responsible for all use of User’s Account (under any screen name or password) and for ensuring that all use of User’s Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User’s password(s), if any.

B. COMPANY shall have the right at any time to change or discontinue any aspect or feature of WEBSITE, including, but not limited to, content, hours of availability, and equipment/tools needed for access or use.

2. Changed Terms
COMPANY shall have the right at any time to change or modify the terms and conditions applicable to User’s use of WEBSITE, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on WEBSITE, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of WEBSITE by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.

3. DESCRIPTION OF SERVICES

Through its Web property and its applications, COMPANY provides User with access to a variety of applications and resources, including hosting and recording services, download areas, communication forums and product information, all considered part of Services. These, and all and any other Services, including any updates, enhancements, new features, and/or the addition of any new Web properties or applications, are subject to the TOU.

4. Tools/Equipement
User shall be responsible for obtaining and maintaining all internet connections, telephone, computer hardware, software and other equipment needed for access to and use of WEBSITE and all charges related thereto.

5. User Conduct

A. User shall use WEBSITE for lawful purposes only. User shall not post or transmit through WEBSITE any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without COMPANY’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in COMPANY’s discretion restricts or inhibits any other User from using or enjoying WEBSITE will not be permitted. User shall not use WEBSITE to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services directly or indirectly competitive with COMPANY or WEBSITE.

B. WEBSITE contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of WEBSITE are copyrighted as a collective work under the copyright laws. COMPANY owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, reverse engineer, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content of WEBSITE, in whole or in part. User may download copyrighted material for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of COMPANY and/or the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

C. User shall not upload, post or otherwise make available on WEBSITE any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any area of WEBSITE, User automatically grants, or warrants that the owner of such material has expressly granted, COMPANY the royalty-free, perpetual, irrevocable, non-exclusive right and license to show such material to authorized users. User also permits any other authorized User to access, view, store or reproduce the material for that User’s personal use. For clarity, but not as a limitation, an authorized User is someone you have invited to share or view your content with, using the tools of the WEBSITE. COMPANY is a hosting service for its User content and its Users are solely liable for materials or content they upload or otherwise save on the WEBSITE.

D. The foregoing provisions of Section 5 are for the benefit of COMPANY, its subsidiaries, affiliates and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

6. USE OF SERVICES

The Services involve a cloud-based collaborative hosting and recording platform and may contain email services, bulletin board services, chat areas, social media sites, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a “Communication Service” and collectively “Communication Services”). User agrees to use the Communication Services only to post, upload, send, download and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:

– Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
– Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
– Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
– Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User owns or controls the rights thereto or has received all necessary consent to do the same.
– Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
– Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer/server or the property of another.
– Advertise or offer to sell or buy any goods or services for any business or non-business purpose, unless such Communication Services specifically allows such messages.
– Download any file posted by another user of a Communication Service that User know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
– Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material or data contained in a file that is uploaded.
– Restrict or inhibit any other user from using and enjoying the Communication Services.
– Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service, as established by COMPANY on WEBSITE.
– Harvest or otherwise collect information about others, including email addresses.
– Violate any applicable laws or regulations.
– Create a false identity for the purpose of misleading others.
– Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or WEBSITE or any other user or usage information or any portion thereof.

COMPANY has no obligation to monitor the Communication Services. However, COMPANY reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. COMPANY reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. COMPANY reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in COMPANY’s sole discretion.

Materials uploaded to the Communication Services and/or WEBSITE may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User views or downloads the material. User of the WEBSITE may submit, upload and post audio, text, photos, videos, data or information to the WEBSITE, which is stored by the COMPANY, as a hosting service, at the direction of such User, and which may be shared by such Users and other users of the WEBSITE, or distributed to other websites or services upon direction/consent of the User, by appropriately using the tools provided as part of the WEBSITE, all being accessible to Users via the WEBSITE.

Always use caution when giving out any personally identifiable information in any Communication Services. COMPANY does not control or endorse the content, messages or information found in any Communication Services and, therefore, COMPANY specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services. User hereby accepts that their information, such as their email, may be accessed by other Users in the context, for example, of such other User searching to invite collaborators, as implemented in that section of the WEBSITE.

7. MEMBER ACCOUNT, PASSWORD, AND SECURITY

As some of the Services and applications require User to open an account, User must complete the registration process by providing COMPANY with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify COMPANY immediately of any unauthorized use of User’s account or any other breach of security. COMPANY will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by COMPANY or another party due to someone else using User’s account or password. User may not use anyone else’s account at any time, without the permission of the account holder.

8. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE

Any software that is made available to download from the Services or any applications that are running on the Cloud (“Software”) is the copyrighted work of COMPANY and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”) and by the provisions of the present TOU. By installing any Software that is accompanied by, is subject to, or includes a License Agreement, User agrees to the License Agreement terms and/or to the terms of the present TOU.

The Software is made available for download solely for use by end users according to the License Agreement and is strictly for their own personal use. Any reproduction or redistribution of the Software not in accordance with the License Agreement or with the provisions herein is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

FOR YOUR CONVENIENCE, COMPANY MAY MAKE AVAILABLE, AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. COMPANY DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.

9. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE

Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. COMPANY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL COMPANY AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES, THE SOFTWARE OR THE WEBSITE.

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE INFORMATION, PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

10. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE
IN NO EVENT SHALL COMPANY AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.

11. MATERIALS PROVIDED TO COMPANY OR POSTED/UPLOADED AT ANY OF ITS WEBSITES
COMPANY does not claim ownership of the materials User provides to COMPANY (including audio tracks, videos, feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community (such as collaborators invited by User to view, listen to or download any material or content), (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) User’s Submission, User is granting COMPANY, its affiliated companies and necessary sub-licensees permission to use User’s Submission in connection with the operation of the WEBSITE and related businesses (including, without limitation, all COMPANY Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the Services.

No compensation will be paid with respect to the use of User’s Submission, as provided herein. COMPANY is under no obligation to post or use any Submission User may provide and COMPANY may remove any Submission at any time in its sole discretion. By Posting a Submission, User warrants and represents to own or otherwise control all of the rights to User’s Submission as described in these Terms of Use including, without limitation, all the rights necessary for User to provide, post, upload, input or submit the Submissions.

In addition to the warranty and representation set forth above, by Posting a Submission that contain images, videos, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), User warrant and represent that (a) User is the copyright owner of such Images, or that the copyright owner of such Images has granted User permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of User’s use and as otherwise permitted by these Terms of Use and the Services, (b) User have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, User is granting (a) to all members of User’s private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use User’s Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Images without having User’s name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for Images will terminate at the time User completely removes such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time User completely removes such Images. No compensation will be paid with respect to the use of User’s Images.

12. Disclaimer of Warranty; Limitation of Liability

A. USER EXPRESSLY AGREES THAT USE OF WEBSITE IS AT USER’S SOLE RISK. NEITHER COMPANY, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, CONTENT OR MERCHANDISE PROVIDED THROUGH WEBSITE.

B. WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT COMPANY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

D. IN NO EVENT WILL COMPANY, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING WEBSITE OR THE COMPANY SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE WEBSITE OR SOFTWARE. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.

E. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER, COMPANY, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

F. NEITHER COMPANY, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.

G. FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THIS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.

13. LINKS TO THIRD PARTY SITES

LINKS TO THIRD PARTY SITES WILL LET YOU LEAVE COMPANY’S SITE OR TRANSFER CONTENT TO THE OTHER LINKED SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF COMPANY AND COMPANY IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. COMPANY IS NOT RESPONSIBLE FOR ANY FORM OF TRANSMISSION RECEIVED FROM OR SENT TO ANY LINKED SITE. COMPANY IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY COMPANY OF THE SITE.

COMPANY is a hosting service and a distributor (and not a publisher) of content or services supplied by third parties and Users. Accordingly, COMPANY has no editorial or any other form of control over such content. Any work, opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and Users of WEBSITE, are those of the respective author(s) and not of COMPANY. Neither COMPANY nor any third-party provider of information, guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

In many instances, the content available through WEBSITE represents the work, opinions and judgments of the respective information provider or of other users not under contract with COMPANY. COMPANY neither endorses nor is responsible for the accuracy or reliability of any work, opinion, advice or statement made on WEBSITE by anyone other than authorized COMPANY employees or spokespersons, while acting in their official capacities. Under no circumstances will COMPANY be liable for any loss or damage caused by a User’s reliance on information obtained through WEBSITE. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any work, information, opinion, advice or other content available through COMPANY or WEBSITE.

14. UNSOLICITED IDEA SUBMISSION POLICY

COMPANY, OR ANY OF ITS EMPLOYEES, DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER SUCH WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN COMPANY’S PRODUCTS OR MARKETING STRATEGIES MAY SEEM OR BE SIMILAR TO IDEAS SUBMITTED TO COMPANY. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO COMPANY OR ANYONE AT COMPANY. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT COMPANY MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY OR WILL NOT BE USED BY COMPANY.

15. Monitoring
COMPANY shall have the right, but not the obligation, to monitor the content of WEBSITE, including chat rooms, social media sites and forums, to determine compliance with this Agreement and any operating rules established by COMPANY and to satisfy any law, regulation or authorized government request. COMPANY shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to, uploaded or posted on WEBSITE. Without limiting the foregoing, COMPANY shall have the right to remove any material that COMPANY, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable, in the COMPANY’s sole discretion.

16. Indemnification
User agrees to defend, indemnify and hold harmless COMPANY, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of WEBSITE by User or User’s Account.

17. Termination
Either COMPANY or User may terminate this Agreement at any time. Without limiting the foregoing, COMPANY shall have the right to immediately terminate User’s Account in the event of any conduct by User which COMPANY, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.

18. Miscellaneous
This Agreement and any operating rules for WEBSITE established by COMPANY from time to time constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of QUEBEC, CANADA, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

19. COPYRIGHT NOTICE

SKYTRACKS is a registered trademark of COMPANY. All rights reserved.

20. TRADEMARKS

The names of companies and products mentioned in the WEBSITE, other than SkyTracks, may be or are the trademarks of their respective owners.