Business Terms of Service
Note: These Business Terms of Service are effective as of January 14, 2024.
1. Using Skigit
a. Skigit is available to users who are 13 years of age or older. Users under 13 are prohibited from using Skigit. By creating an account and using Skigit, you represent and warrant that you meet the age requirement and have the legal capacity to enter into these Terms. Skigit grants you a non-exclusive, non-transferable, and revocable license to access and use Skigit subject to your compliance with these Terms, our Acceptable Use Policy, and our Rule For Your Company Skigit.
2. Your Content
a. Skigit allows you to post content, including videos, comments, and other materials (collectively, "User Content"). You retain all rights in and are solely responsible for your User Content. By posting User Content on Skigit, you grant Skigit a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, store, display, reproduce, share, post, modify, create derivative works from, perform, and distribute your User Content in connection with operating and providing Skigit and related services.
b. The license granted above does not affect any other legal rights you may have under applicable law, such as fair use or fair dealing, unless otherwise agreed in writing.
c. Skigit may retain your User Content for as long as necessary to provide the Service and comply with legal obligations. For more information, please refer to our Rule For Your Company Skigit.
d. Skigit aims to provide a creative and positive platform for users to share their content and connect with others.
e. Skigit respects the rights of third-party creators and content owners and expects users to do the same.
f. Any feedback, comments, or suggestions you provide about Skigit may be used by us without any obligation to compensate you.
3. Tools for Site Owners
a. Skigit may offer certain features, tools, and widgets that you can incorporate into your website or other online services (collectively, "Site Features"), such as "Post" and "Follow" buttons.
b. You may incorporate Site Features into your website or other online services, subject to your compliance with these Terms and any additional terms that may be provided with the Site Features.
4. Copyright Policy
Skigit has adopted and implemented its Copyright Policy in accordance with the Digital Millennium Copyright Act (DMCA). For more information about our copyright policy and how to submit a copyright infringement claim, please refer to our Copyright Policy and Copyright Infringement Submission form.
5. Logo Usage Agreement
1. ACKNOWLEDGEMENT
You acknowledge that Skigit's marks and logos are valuable intellectual property and that any use of Skigit's marks must be in accordance with these Terms.
2. USE AND QUALITY STANDARDS
You may use Skigit's marks and logos only as authorized by Skigit and in accordance with our brand guidelines. You agree to maintain high quality standards in your use of Skigit's marks and logos and not to use them in any manner that could damage Skigit's reputation or brand.
3. OWNERSHIP
All rights, title, and interest in and to Skigit's marks and logos remain the exclusive property of Skigit. Nothing in these Terms grants you any ownership rights in Skigit's marks or logos.
4. INFRINGEMENT
You agree not to infringe upon or violate Skigit's intellectual property rights, including its marks and logos. Any unauthorized use of Skigit's marks or logos may result in immediate termination of your license and legal action.
5. WARRANTY; DISCLAIMER OF WARRANTY
SKIGIT'S MARKS AND LOGOS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SKIGIT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
6. COMPLIANCE
You agree to comply with all applicable laws and regulations in your use of Skigit's marks and logos and to use them only for lawful purposes.
7. INDEMNIFICATION
You agree to indemnify and hold harmless Skigit from any claims, damages, losses, liabilities, and expenses (including attorney's fees) arising out of or relating to your use of Skigit's marks and logos.
8. MISCELLANEOUS
This Logo Usage Agreement is part of these Terms and is subject to all provisions of these Terms, including termination and governing law provisions.
6. Security
Skigit takes reasonable measures to protect your content and account information. However, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
7. Third-party Links, Sites and Services
Skigit Products may contain links to third-party websites, services, or resources. Skigit does not endorse and is not responsible or liable for the availability, accuracy, content, products, or services of such third-party sites or services. Your interactions with third-party sites and services are solely between you and such third parties.
8. Termination
Skigit may terminate or suspend your access to and use of Skigit at any time, with or without cause, with or without notice, for any reason, including if you breach these Terms. Upon termination, your right to use Skigit will immediately cease.
9. Indemnity
You agree to indemnify and hold harmless Skigit and its officers, directors, employees, and agents from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs, and expenses, including reasonable attorney's fees, arising out of or in any way connected with your access to or use of Skigit, your User Content, or your violation of these Terms.
10. Disclaimers
SKIGIT PRODUCTS AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, SKIGIT SPECIFICALLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SKIGIT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OF SKIGIT. SKIGIT'S AGGREGATE LIABILITY SHALL NOT EXCEED $100.00 OR THE AMOUNTS YOU HAVE PAID TO SKIGIT FOR PRODUCTS IN THE PAST THREE MONTHS, WHICHEVER IS GREATER.
12. Arbitration
Any dispute arising out of or relating to these Terms or Skigit shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA), except where prohibited by law.
You agree to first contact Skigit informally to attempt to resolve any dispute. If the dispute cannot be resolved informally, you agree to submit the dispute to binding arbitration. You waive your right to a trial by jury and to participate in a class action lawsuit.
13. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Florida.
14. General Terms
Notification Procedures: Skigit may provide notifications to you via email, through the Service, or by other means. You agree to receive such notifications.
Changes to Terms: Skigit may modify these Terms at any time. We will notify you of any material changes by posting the new Terms on this page and updating the effective date. Your continued use of Skigit after such modifications constitutes your acceptance of the updated Terms.
Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
Entire Agreement: These Terms constitute the entire agreement between you and Skigit regarding the Service and supersede all prior agreements and understandings.
Non-Waiver: The failure of Skigit to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
U.S. Government Agencies: If you are a U.S. Government agency, your use of Skigit is subject to additional terms and conditions as required by applicable law.
If you have any questions about these Business Terms of Service, please contact us at info@skigit.com.
