Terms of Services
Your Use of Services.
The Services may be used by You only in connection with the processing of Your own information or for the purpose of seeking employment opportunities. Your use of the Services shall be in accordance with all applicable State and Federal laws, rules and regulations. You may not use the Services in any way that: (i) does not comply with the terms of this Agreement, as amended by SKILL from time to time, or any other terms, rules, or guidelines provided by SKILL concerning your use of the Services; (ii) may subject SKILL to unfavorable regulatory action, violation of any law, infringement upon the rights of third parties, or subject SKILL to liability for any reason; or (iii) might adversely affect SKILL’s public image, reputation or goodwill. All right, title and interest in and to the Services are owned and retained exclusively by SKILL. Except for the rights and licenses expressly provided herein, all rights, title and interest in the Services, including all corrections, enhancements and modifications thereof, are reserved by SKILL. Notwithstanding anything to the contrary herein, the provision of Services hereunder is subject to any preceding written agreements between SKILL and any employer or corporation that may be sponsoring your use of the Services (the “Corporation Agreement”). In the event of any conflict between the terms of this Agreement and any Corporation Agreement, the Corporation Agreement shall govern.
You are responsible for keeping your password secret and confidential. You agree that you are responsible for any communications, transactions or use of the Services, which are made using your password, together with any fees, charges or other obligation which may result from such use. You are responsible for changing your password if you believe that your password has been stolen or might otherwise be misused or compromised. You may not assign your password or any of your rights under this Agreement without the prior written consent of SKILL, and any attempted assignment without such consent shall be void.
You are solely responsible for all messages, data, information and other materials that you upload, store, post, e-mail or otherwise transmit to or through the Services. You will: (a) not send unsolicited e-mail that would be expected to provoke complaints, as determined by SKILL; and (b) ensure that all e-mails sent by you clearly identifies you as the originator of the message. You will not: (i) send any message which is harmful, threatening, abusive or harassing; (ii) send any message intended to interfere with e-mail or other communications intended for other persons; (iii) publish, post, distribute or disseminate defamatory, inflammatory, or obscene material or information, or any information, data or materials, in violation of any applicable law, rule or regulation; (iv) threaten, harass, stalk, abuse or otherwise violate the legal rights (including rights of privacy and publicity) of others; or (v) interfere with, compromise or adversely effect the ability of any other customers or other users of the Services; (vi) any communication by You in response to a communication from a user of the Services (i.e., employers and university personnel) must be for a purpose reasonably related to the original message sent by such user. Any such communication will clearly identify You as the originator of such Communication. All use of the Services shall be subject to any other rules and/or guidelines published by SKILL.
You acknowledge and agree that all right, title and interest in and to the information, data, software, photographs, graphics, videos and other material (collectively the “SKILL IP”) provided in connection with the Services, including, without limitation, any copyrights in or to the SKILL IP, belong to SKILL and its vendors, and you will not assert any claims to the contrary. You acknowledge that SKILL IP provided as part of the Services may change at any time, without any obligation on the part of SKILL to notify you of such changes. You may not: (i) copy, edit, alter, modify or prepare any derivative works of the SKILL IP or any portion thereof; (ii) remove or alter any credits, notices (including, without limitation, copyright, trademark and service mark notices), or logos which are included as a part of the Services; or (iii) resell, sublicense or otherwise transfer, distribute or make available to others all or any portion of the SKILL IP in any form. (iv) SKILL and all other trademarks, service marks, trade names and logos of SKILL used in connection with the Services are the property of SKILL and no license is granted to You to use such property. All other trademarks, trade names, service marks, logos, product names, and SKILL names appearing in connection with the Services are the property of their respective owners.
(a) As part of the Services, you may create or provide to SKILL information, data and other materials in electronic format (collectively “User Materials”). You represent that you have obtained all necessary third party rights, including, without limitation, copyrights, for any User Materials that belong to third parties. It is your responsibility to determine if it is necessary for you to obtain, and for obtaining, any licenses required to use third party content which is part of the User Materials. You agree not to use the Services for, and the User Material will not contain, any infringing, illegal, sexually explicit, hateful, vulgar, threatening, abusive, harassing, defamatory, or racially, ethnically, or otherwise objectionable material, including, without limitation, any materials that could give rise to any liability to SKILL or which might adversely affect SKILL’s public image, reputation or goodwill. Each individual user is permitted to store a maximum of 1 GB (one gigabyte) of audio/video recordings created through their use of the site on SKILL’s servers. At SKILL’s discretion, this amount may be adjusted. I n the event a user has not accessed the site in over 12 months, or if a user’s recordings are older than 12 months, these recordings may be removed from SKILL servers at SKILL’s sole discretion. (b) YOU WILL BE RESPONSIBLE FOR MAKING BACK-UP AND ARCHIVAL COPIES OF ALL USER MATERIALS. IN NO EVENT WILL SKILL BE RESPONSIBLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS, CORRUPTION OR ALTERATION OF USER MATERIALS, OR FOR ANY LOSS ARISING OUT OF ANY BREACH OF ANY SECURITY, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT OR OTHER DAMAGES OF ANY KIND.
Term and Termination.
SKILL reserves the right to change, suspend or discontinue all or any aspect of its Services at any time, including the availability of any feature, without prior notice or liability to You. SKILL reserves the right to terminate or suspend Your access to all or part of the Services, without notice and in its sole discretion, if SKILL believes that Your use of the Services does not comply with the terms of this Agreement. All provisions of these Terms and Conditions shall survive termination except those granting access to or use of the Site and Services, and You shall cease all Your use and access thereof immediately.
Disclaimer of Warranty.
AS BETWEEN YOU AND SKILL, THE USE OF THE SERVICES AND THE SOFTWARE IS PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, AND SKILL HEREBY DISCLAIMS THE SAME. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SKILL NEITHER WARRANTS THAT THE SERVICES WILL BE PROVIDED IN AN UNINTERRUPTED, SECURE OR ERROR-FREE MANNER, NOR DOES SKILL MAKE ANY WARRANTY AS TO THE RESULTS OBTAINED FROM THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF THE SOFTWARE OR OTHER CONTENT PROVIDED THROUGH THE SERVICES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SKILL, ITS AGENTS OR EMPLOYEES WILL CREATE A WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. ANY USE OF THE SERVICES IS AT YOUR OWN RISK.
Limitation of Liability.
SKILL WILL NOT BE LIABLE TO YOU FOR ANY, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOST PROFITS OR BUSINESS INTERRUPTION), WHETHER ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAILS, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, EVEN IF SKILL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE LIABILITY OF SKILL TO YOU FOR ALL CLAIMS IN THE AGGREGATE ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SERVICES, WHETHER ARISING IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), EXCEED AN AMOUNT EQUAL TO ONE THOUSAND DOLLARS. SKILL cannot guarantee and does not promise any specific results from use of SKILL.com. No advice or information, whether oral or written, obtained by your from SKILL shall create any warranty not expressly stated herein.
Where applicable, all refunds will be given at the discretion of SKILL. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
SKILL and all other trademarks, service marks, trade names and logos of SKILL used in connection with the Services are the property of SKILL & Skillful Communications. All uses of such marks shall inure to the benefit of SKILL. All other trademarks, trade names, service marks, logos, product names, and SKILL names appearing in connection with the Services are the property of their respective owners.
SKILL reserves the right to amend this Agreement and its rules and guidelines at any time by providing you with Notice of such amendment at the email address set forth in Your Information. If You do not agree to the terms of such amendment, rules or guidelines, you may terminate this Agreement and Your use of the Services by ceasing all use of the Services within ten days of the day the notice of such amendment is sent to you. Any use of the Services following such ten day period shall be deemed your acceptance of such amendment.
Choice of Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to the choice of law provisions thereof. Any dispute or claim arising out of, or in connection with, this Agreement shall be finally settled by binding arbitration in New York, New York, in accordance with the then-current rules and procedures of the American Arbitration Association by one (1) arbitrator appointed by the American Arbitration Association. The arbitrator shall apply the law of the State of New York, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be confirmed, reduced to judgment and entered in any court of competent jurisdiction. The parties agree that, any provision of applicable law notwithstanding, they will not request, and the arbitrator shall have no authority to award, punitive or exemplary damages against any party. In the event that any arbitration, action or proceeding is brought in connection with this Agreement, the prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees.
This Agreement and the rights granted hereunder may not be assigned or transferred by you, in whole or in part. Without limiting the foregoing, you may not provide any other person access to the Services. If any provision of this Agreement is held invalid, such invalidity shall not affect any other provisions of this Agreement. Headings are inserted for reference only and shall not be construed as a part of this Agreement. No failure or delay on the part of SKILL to exercise any right under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right preclude any other or further exercise thereof or of any other right. This Agreement represents the entire understanding and agreement between you and SKILL concerning your Use of the Services and Product, and supersedes any prior representations, understandings or agreements.