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[ Skillzent Terms of Services- Sell Video Online, Search for Audio Online, Search for Photos Online ]

Terms of Use/Service

SKILLZENT.COM operates the SKILLZENT.COM site and provides its services (The SKILLZENT.COM site and services are collectively referred to as "SKILLZ ENTERTAINMENT") to you, subject to your agreement to abide and be bound by these Terms of Service ("Terms of Service"). These Terms of Service set forth the terms, conditions, rules and regulations which shall apply to your use of SKILLZENT.COM. Unless explicitly stated otherwise, any new feature that supplements or enhances the current SKILLZENT.COM site or services, shall be subject to these Terms of Use. You understand and agree that SKILLZENT.COM is provided "AS IS" and WITHOUT WARRANTIES and that SKILLZ ENTERTAINMENT assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. There is currently a NO REFUND POLICY in place for the products and services that are advertised by the SKILLZ ENTERTAINMENT organization. In order to use SKILLZENT.COM, you must obtain access to the world wide web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the world wide web, including a computer and modem or other access device. Before you get started, you should know that SKILLZENT.COM has been designed to appeal to people of all ages. SKILLZ ENTERTAINMENT reserves the right to change the TERMS OF SERVICE at anytime with or without notice.

 

A. AGREEMENT.

 

By accessing SKILLZENT.COM, you are entering into an agreement with SKILLZ ENTERTAINMENT, and accept and agree to be bound by each and all of these Terms of Service. SKILLZ ENTERTAINMENT may amend, alter and update these Terms of Service, at any time and without notice to you, by posting the amended terms or new Terms of Service on this website. The amended terms or new Terms of Service shall become effective immediately and automatically upon posting, and you agree to be bound by such amended terms and new Terms of Service.

 

B. YOUR OBLIGATIONS.

 

In addition to your other obligations under these Terms of Service and in consideration of your use of SKILLZENT.COM, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the SKILLZENT.COM registration form or when otherwise requested, and (ii) maintain and promptly update such personal information to keep it true, accurate, current and complete. If you provide any personal information that is untrue, inaccurate, not current or incomplete, SKILLZENT.COM has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SKILLZ ENTERTAINMENT has the right to suspend or terminate your account and refuse any and all current or future use of SKILLZENT.COM, or any portion thereof.

 

C. PRIVACY POLICY.

 

Personal information about you is subject to our privacy policy. For more information, please see our full privacy policy.

 

D. MEMBER ACCOUNT, PASSWORD AND SECURITY.

 

You will receive a SKILLZENT.COM password and identification upon completing the SKILLZENT.COM registration process for the services portion of SKILLZENT.COM. You are responsible for maintaining the confidentiality of the SKILLZENT.COM identification and password and are fully responsible for all activities that occur under your password. You agree to: (i) immediately notify SKILLZ ENTERTAINMENT of any unauthorized use of your SKILLZENT.COM password or identification or any other breach of security, and (ii) ensure that you exit from your SKILLZENT.COM identification at the end of each session. SKILLZ ENTERTAINMENT cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.

 

E. CONDUCT.

 

You agree to not use SKILLZENT.COM to: (i) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm minors in any way; (iii) impersonate any person or entity, including, but not limited to, SKILLZ ENTERTAINMENT official, or falsely state or otherwise misrepresent your affiliation with a person or entity

 

(iv) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the SKILLZENT.COM; (v) upload, post, e-mail or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vi) upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other intellectual property or other proprietary rights ("Intellectual Property Rights") of any party

 

(vii) Upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose; (viii) upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (ix) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of SKILLZENT.COM are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges

 

(x) Interfere with or disrupt SKILLZENT.COM or its servers or networks connected to SKILLZENT.COM, or disobey any requirements, procedures, policies or regulations of networks connected to SKILLZENT.COM; (xi) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; (xii) "stalk" or otherwise harass another; or

 

(xiii) Collect or store personal data about other users. You acknowledge that SKILLZ ENTERTAINMENT does not always pre-screen content, but that SKILLZ ENTERTAINMENT and its designees shall have the right, but not the obligation, in their sole discretion to refuse or move any content that is available via SKILLZENT.COM. Without limiting the foregoing. SKILLZ ENTERTAINMENT and its designees shall have the right to remove any Content that violates these Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

 

You acknowledge and agree that SKILLZ ENTERTAINMENT may preserve content and may also disclose content if required to do so by law or if such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms of Service; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of SKILLZ ENTERTAINMENT, its users and the public. You understand that the technical processing and transmission of SKILLZENT.COM, including your content, if any, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

 

F. INTERNATIONAL USE.

 

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

 

G. FORUMS.

 

You are welcome to post, transmit or submit messages collectively "Messages") to bulletin boards, chat rooms or other public areas within, or in connection with, this Site (collectively "Forums"). We accept no responsibility whatsoever for claims arising from or relating to such Messages.

 

We do not endorse and have no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not necessarily reviewed by us prior to posting and do not necessarily reflect our opinions or policies. We make no warranties, express or implied, as to the content of Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nevertheless, we reserve the right to prevent you from submitting Materials to Forums and to edit, restrict or remove Messages for any reason at any time. We assume no responsibility for actively monitoring Forums for inappropriate Messages.

 

If at any time we choose, in our sole discretion, to monitor the Forums, we nevertheless assume no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Messages. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended.

 

You agree that we accept no liability whatsoever if we prevent your Messages from being submitted or if we edit, restrict or remove your Messages. You also agree to permit any other user of this Site to access, view, store, or reproduce your Messages for that other user's personal use and not to restrict or inhibit the use of this Site by any other person. Children under the age of 13 are not authorized to post messages or participate in Forums on this Site.

 

You agree that all Messages and Submissions (as defined below) submitted by you become our property without compensation to you and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed and published, displayed or deleted as we see fit in our sole discretion. You acknowledge and agree that all Messages and Submissions may be routed through our servers and the Internet and that, therefore, you have no expectation of privacy with regard to such Messages and Submission. You acknowledge that the Forums are forums for public and not private communications. Please keep in mind that whenever you disclose personal information online such information can be collected and used by people you don't know. We cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.

 

We also reserve the right to turn over to law enforcement officials all Messages and Submissions, emails, or other postings by you that are in violation of these Terms of Use or applicable law. We also reserve the right to comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using this Site in violation of the law.

 

H. SUBMISSIONS.

 

All materials sent by you to us, including, but not limited to, videos, posting to chats, survey responses, message board material, contest entries and similar items, scripts, story lines, fan fiction, characters, drawings, information, suggestions, ideas or concepts (collectively, .Submissions.) whether unsolicited or solicited shall be deemed and shall remain our sole property in perpetuity without compensation to you of any kind and you hereby automatically grant us by assignment the entire right, title and interest in and to such Submissions and you specifically acknowledge that the Submissions may be edited for use. You also waive all so-called "moral rights" in all Submissions. None of the Submissions shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submissions. The sender further waives the right to make any claims against us relating to Submissions, including, but not limited to, unfair competition, breach of implied contract and/or breach of confidentiality.

 

I. INDEMNITY.

 

You agree to indemnify and hold harmless SKILLZ ENTERTAINMENT, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, and their successors, licensees and assigns from any claim or demand, including attorneys' fees, made by any third party due to or arising out of Content you submit, or transmit through SKILLZENT.COM, your use of SKILLZENT.COM, your connection to SKILLZENT.COM, your violation of the Terms of Service, or your violation of Intellectual Property Rights, or any other rights of another.

 

J. NO RESALE OF SKILLZENT.COM SERVICES.

 

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of SKILLZENT.COM, use of SKILLZENT.COM, or access to SKILLZENT.COM.

 

K. MODIFICATIONS TO SKILLZENT.COM SERVICES.

 

SKILLZ ENTERTAINMENT reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, SKILLZENT.COM (or any part thereof) with or without notice. You agree that SKILLZENT.COM shall not be liable to you or to any third party for any modification, suspension or discontinuance of SKILLZENT.COM.

 

L. TERMINATION BY SKILLZENT.COM.

 

You agree that SKILLZ ENTERTAINMENT, in its sole discretion, may terminate your SKILLZENT.COM identification, password, membership (or any part thereof) or use of SKILLZENT.COM, and remove and discard any Content within SKILLZENT.COM, for any reason, including, without limitation, for lack of use or if SKILLZENT.COM believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. SKILLZENT.COM may also in its sole discretion and at any time discontinue providing SKILLZENT.COM, or any part thereof, with or without notice.You agree that any termination of your access to SKILLZENT.COM under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that SKILLZ ENTERTAINMENT may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or SKILLZENT.COM. Further, you agree that SKILLZ ENTERTAINMENT shall not be liable to you or any third party for any termination of your access to SKILLZENT.COM.

 

M. DEALINGS WITH ADVERTISERS.

 

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through SKILLZENT.COM, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that SKILLZ ENTERTAINMENT shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on SKILLZENT.COM.

 

N. LINKS.

 

SKILLZ ENTERTAINMENT may provide, or third parties may provide, links to other world wide web sites or resources. Because SKILLZ ENTERTAINMENT has no control over such sites and resources, you acknowledge and agree that SKILLZ ENTERTAINMENT is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that SKILLZ ENTERTAINMENT shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

 

O. SKILLZENT.COMS’ PROPRIETARY RIGHTS.

 

You acknowledge and agree that SKILLZENT.COM and any necessary software used in connection with the SKILLZENT.COM site ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through SKILLZENT.COM or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by SKILLZ ENTERTAINMENT or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on SKILLZENT.COM or the Software, in whole or in part. SKILLZ ENTERTAINMENT grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not, and do not allow any third party to, copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to SKILLZENT.COM. You agree not to access SKILLZENT.COM by any means other than through the interface that is provided by SKILLZ ENTERTAINMENT for use in accessing the SKILLZENT.COM site.

 

P. DISCLAIMER OF WARRANTIES.

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (i) YOUR USE OF SKILLZENT.COM IS AT YOUR SOLE RISK. SKILLZENT.COM IS ON AN "AS IS" AND "AS AVAILABLE" BASIS. SKILLZENT.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (ii)SKILLZ ENTERTAINMENT MAKES NO WARRANTY THAT (a) SKILLZENT.COM WILL MEET YOUR REQUIREMENTS, (b) SKILLZENT.COM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SKILLZENT.COM WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH SKILLZENT.COM WILL MEET YOUR EXPECTATIONS, AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (iii) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SKILLZENT.COM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (iv) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SKILLZ ENTERTAINMENT OR THROUGH OR FROM SKILLZENT.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

 

Q. LIMITATION OF LIABILITY.

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SKILLZ ENTERTAINMENT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SKILLZ ENTERTAINMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE SKILLZENT.COM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM SKILLZENT.COM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON SKILLZENT.COM; OR (v) ANY OTHER MATTER RELATING TO SKILLZENT.COM.

 

R. EXCLUSIONS AND LIMITATIONS.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

S. NOTICES.

 

Notices to you may be made via either e-mail or regular mail. SKILLZ ENTERTAINMENT may also provide notices of changes to the Terms of Service or other matters by displaying notices or links to notices to you generally on SKILLZENT.COM.

 

T. TRADEMARK INFORMATION.

 

SKILLZENT.COM, the SKILLZENT.COM logo, trademarks and service marks, and other SKILLZENT.COM logos and product and service names are trademarks of SKILLZ ENTERTAINMENT (the "SKILLZENT.COM Marks"). Without SKILLZ ENTERTAINMENTS’ prior permission, you agree not to display or use in any manner, the SKILLZENT.COM Marks.

 

U. COPYRIGHTS and COPYRIGHT AGENTS.

 

SKILLZ ENTERTAINMENT respects the Intellectual Property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide SKILLZ ENTERTAINMENT the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the site; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Any claims of copyright infringement on SKILLZENT.COM can be sent to admin@SKILLZENT.COM.

 

V. GENERAL INFORMATION.

 

The Terms of Service constitute the entire agreement between you and SKILLZ ENTERTAINMENT governs your use of SKILLZENT.COM and supersedes any prior agreements between you and SKILLZ ENTERTAINMENT. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms of Service and the relationship between you and SKILLZ ENTERTAINMENT shall be governed by the laws of the State of Tennessee without regard to its conflict of law provisions. You and SKILLZ ENTERTAINMENT agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the county of Tennessee. The failure of SKILLZ ENTERTAINMENT to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of SKILLZENT.COM or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.

 

W. VIOLATIONS.

 

Please report any violations of the Terms of Service.

 

Live Broadcast Terms of Service:

 

The following paragraph specifically pertains to our live broadcast within the community of SKILLZ ENTERTAINMENT venues. Fans, venues, or promoters are excluded from the terms of this artist agreement. All members upon participating with your presence at any SKILLZ ENTERTAINMENT event or function, whether you are an artist, fan, venue, or promoter once you have accepted this membership agreement, gives SKILLZ ENTERTAINMENT the rights to use his/her name, likeness, voice and/or biographical information for the purposes of publicity and promotion now and in the future. Fans, Artists, Venues, and promoters understand that his/her name, likeness, voice, and or biographical information may be used on the internet, in print advertising, press releases and merchandise related to SKILLZ ENTERTAINMENT (e.g., t-shirts, tote bags, hats, other apparel, mouse pads, and other promotional materials.) Fans, Artists, Venues, and promoters agree to release SKILLZ ENTERTAINMENT from liability for any injury resulting from publicity and promotion. Fans, Artists, Venues, and promoters, agree to waive all compensation for use of his/her name, likeness, voice and/or biographical information for the purposes of publicity and promotion.