Date of Last Revision: February 19, 2015.
Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities ("Statement," "Terms," or "SRR") derives from the Skyloop Principalsand is our terms of service that governs our relationship with users and others who interact with Skyloop. By using or accessing Skyloop, you agree to this Statement, as updated from time to time in accordance with Section 14 below. Additionally, you will find resources at the end of this document that help you understand how Skyloop works.
Your privacy is very important to us. We designed our Data Use Policy to make important disclosures about how you can use Skyloop to collaborate with others and how we collect and can use your content and information. Only you, your Primary and the Collaborators you select are able to view Spark updates or posts.
2. Information you update in a Spark is confidential to the user and the specific parties you choose to share it with when setting up the Spark originally.
3. Skyloop Chat is private between two parties, yourself (the user) and the specific collaborator you select.We encourage you to read the Data Use Policy, and to use it to help you make informed decisions.
4. Your Connection Details, Content and Information
You own all of the content and information you post on Skyloop, and you can control who sees it via the “Primary” and “Collaborator” functions.
- By signing onto and using Skyloop you agree that your connection details will be made public for the purposes of connecting with others.
- By signing onto and using Skyloop you confirm that you have obtained all licensing or have obtained appropriate third party agreements for the use and transmission of all and any content or information you post on Skyloop.
- For content that is covered by intellectual property rights, like photos, videos and documents (IP content), by using Skyloop you confirm that you have obtained all licensing or have obtained appropriate third party agreements for the use and transmission of such IP.
- Specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Skyloop (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
- When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Skyloop, to access and use that information, and to associate it with you (i.e., your name and profile picture).
- We always appreciate your feedback or other suggestions about Skyloop, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep Skyloop safe, but we cannot guarantee it. We need your help to keep Skyloop safe, which includes the following commitments by you:
- You will not post unauthorized commercial communications (such as spam) on Skyloop.
- You will not collect users' content or information, or otherwise access Skyloop, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Skyloop.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
- You will not use Skyloop to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of Skyloop, such as a denial of service attack or interference with page rendering or other Skyloop functionality.
- You will not facilitate or encourage any violations of this Statement or our policies.
6. Registration and Account Security
Skyloop users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on Skyloop, or create an account for anyone other than yourself without permission.
- You will not create more than one personal account.
- If we disable your account, you will not create another one without our permission.
- You will not use Skyloop if you are a convicted sex offender.
- You will keep your contact information accurate and up-to-date.
- You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account to anyone without first getting our written permission.
- If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
- You will not post content or take any action on Skyloop that infringes or violates someone else's rights or otherwise violates the law.
- We can remove any content or information you post on Skyloop if we believe that it violates this Statement or our policies.
- If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or trademarks (including Skyloop, the Skyloop and Skyloop logo or use the term Spark), or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
- You will not post anyone's identification documents or sensitive financial information on Skyloop.
- You will not harass users or send email invitations to non-users without their consent.
8. Mobile and Other Devices
- We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply.
- In the event you change or deactivate your mobile telephone number, you will update your account information on Skyloop within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
- You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on Skyloop.
If you make a payment on Skyloop, you agree to our Payment Terms
10. Special Provisions Applicable to Social Plugins
If you include our Social Plugins, such as the Share or Like buttons on your website, the following additional terms apply to you:
- We give you permission to use Skyloop's Social Plugins so that users can post links or content from your website on Skyloop.
- You give us permission to use and allow others to use such links and content on Skyloop.
- You will not place a Social Plugin on any page containing content that would violate this Statement if posted on Skyloop.
11. Special Provisions Applicable to Developers/Operators of Applications and Websites
If you are a developer or operator of a Platform application or website, the following additional terms apply to you:
- You are responsible for your application and its content and all uses you make of Platform. This includes ensuring your application or use of Platform meets our Skyloop Platform Policies and our Advertising Guidelines.
- Your access to and use of data you receive from Skyloop, will be limited as follows:
- You will only request data you need to operate your application.
- You will delete all data you receive from us concerning a user if the user asks you to do so, and will provide a mechanism for users to make such a request.
- You will not include data you receive from us concerning a user in any advertising creative.
- You will not directly or indirectly transfer any data you receive from us to (or use such data in connection with) any ad network, ad exchange, data broker, or other advertising related toolset, even if a user consents to that transfer or use.
- You will not sell user data. If you are acquired by or merge with a third party, you can continue to use user data within your application, but you cannot transfer user data outside of your application.
- We can require you to delete user data if you use it in a way that we determine is inconsistent with users’ expectations.
- We can limit your access to data.
- You will comply with all other restrictions contained in our Skyloop Platform Policies.
- You will not give us information that you independently collect from a user or client without that user's consent.
- You will make it easy for users to remove or disconnect from your application.
- You will make it easy for users to contact you. We can also share your email address with users and others claiming that you have infringed or otherwise violated their rights.
- You will provide customer support for your application.
- You will not show third party ads or web search boxes on www.Skyloop.com.au
- We give you all rights necessary to use the code, APIs, data, and tools you receive from us.
- You will not sell, transfer, or sublicense our code, APIs, or tools to anyone.
- You will not misrepresent your relationship with Skyloop to others.
- You may use the logos we make available to developers or issue a press release or other public statement so long as you follow our Skyloop Platform Policies.
- We can issue a press release describing our relationship with you.
- You will comply with all applicable laws. In particular you will (if applicable):
- Have a policy for removing infringing content and terminating repeat infringers that complies with the Digital Millennium Copyright Act.
- Comply with the Video Privacy Protection Act (VPPA), and obtain any opt-in consent necessary from users so that user data subject to the VPPA may be used on Skyloop. You represent that any disclosure to us will not be incidental to the ordinary course of your business.
- We do not guarantee that Platform will always be free.
- You give us all rights necessary to enable your application to work with Skyloop, including the right to incorporate content and information you provide to us.
- You give us the right to link to or frame your application, and place content, including ads, around your application.
- We can analyze your application, content, and data for any purpose, including commercial (such as for targeting the delivery of advertisements and indexing content for search).
- To ensure your application is safe for users, we can audit it.
- We can create applications that offer similar features and services to, or otherwise compete with, your application.
12. About Advertisements and Other Commercial Content Served or Enhanced by Skyloop
Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following:
- You give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to display your name and/or profile picture with your content or information, without any compensation to you. If you have selected a specific audience for your content or information, we will respect your choice when we use it.
- We do not give your content or information to advertisers without your consent.
- You understand that we may not always identify paid services and communications as such.
13. Special Provisions Applicable to Advertisers
You can target your desired audience by buying ads on Skyloop or our publisher network. The following additional terms apply to you if you place an order through our online advertising portal (Order):
- When you place an Order, you will tell us the type of advertising you want to buy, the amount you want to spend, and your bid. If we accept your Order, we will deliver your ads as inventory becomes available. When serving your ad, we do our best to deliver the ads to the audience you specify, although we cannot guarantee in every instance that your ad will reach its intended target.
- In instances where we believe doing so will enhance the effectiveness of your advertising campaign, we may broaden the targeting criteria you specify.
- You will pay for your Orders in accordance with our Payment Terms. The amount you owe will be calculated based on our tracking mechanisms.
- Your ads will comply with our Advertising Guidelines.
- We will determine the size, placement, and positioning of your ads.
- We do not guarantee the activity that your ads will receive, such as the number of clicks your ads will get.
- We cannot control how clicks are generated on your ads. We have systems that attempt to detect and filter certain click activity, but we are not responsible for click fraud, technological issues, or other potentially invalid click activity that may affect the cost of running ads.
- You can cancel your Order at any time through our online portal, but it may take up to 24 hours before the ad stops running. You are responsible for paying for all ads that run.
- Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ad, your ad may remain until the users delete it.
- We can use your ads and related content and information for marketing or promotional purposes.
- You will not issue any press release or make public statements about your relationship with Skyloop without our prior written permission.
- We may reject or remove any ad for any reason.
- 13. If you are placing ads on someone else's behalf, you must have permission to place those ads, including the following:
- You warrant that you have the legal authority to bind the advertiser to this Statement.
- You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.
14. Special Provisions Applicable to Pages
If you create or administer a Page on Skyloop, or run a promotion or an offer from your Page, you agree to our Pages Terms.
15. Special Provisions Applicable to Software
- If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
- You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.
- Unless we make a change for legal or administrative reasons, or to correct an inaccurate statement, we will provide you with seven (7) days notice (for example, by posting the change on the Skyloop Facebook or Blog Page) and an opportunity to comment on changes to this Statement. You can also visit our Skyloop Facebook Page and “like”the page to get updates about changes to this Statement.
- If we make changes to policies referenced in or incorporated by this Statement, we may provide notice on the Facebook Page.
- Your continued use of Skyloop following changes to our terms constitutes your acceptance of our amended terms.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Skyloop to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.2, 2.4, 3-5, 8.2, 9.1-9.3, 9.9, 9.10, 9.13, 9.15, 9.18, 10.3, 11.2, 11.5, 11.6, 11.9, 11.12, 11.13, and 15-19.
- You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Skyloop exclusively in Brisbane Supreme Court located at 415 George Street Brisbane, Australiaor a court within the state of Queensland, Australia and you agree to submit to the personal jurisdiction of that court for the purpose of litigating all such claims. The laws of the State of Queensland will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
- If anyone brings a claim against us related to your actions, content or information on Skyloop, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Skyloop and are not responsible for the content or information users transmit or share on Skyloop. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Skyloop. We are not responsible for the conduct, whether online or offline, or any user of Skyloop.
- WE TRY TO KEEP SKYLOOP UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING SKYLOOP AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT SKYLOOP WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT SKYLOOP WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. SKYLOOP IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR SKYLOOP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR SKYLOOP WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, SKYLOOP'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
19. Special Provisions Applicable to Users Outside Australia
We strive to create a global collaboration community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with Skyloop outside Australia:
- You consent to having your personal data transferred to and processed in the Australia.
- If you are located in a country embargoed by Australia, you will not engage in commercial activities on Skyloop (such as advertising or payments) or operate a Platform application or website. You will not use Skyloop if you are prohibited from receiving products, services, or software originating from Australia.
- By "Skyloop" we mean the features and services we make available, including through (a) our website at www.Skyloop.com.au and any other Skyloop branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins and other similar offerings and (d) other media, software (such as a toolbar), devices, or networks now existing or later developed.
- By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Skyloop or provide data to us.
- By “Spark” we mean any project that you or other users might create and issue on Skyloop from time to time on either a personal or commercial basis.
- By “client” we mean any person/s who has authorised you to act on their behalf or who may purchase services or receive advice from you.
- By “primary” we mean the specific person who you have nominated to assist with the completion of the Spark.
- By ‘collaborator” we mean any person/s with whom you connect with on Skyloop
- By "information" we mean facts and other information about you, your clients or connections including actions taken by users and non-users who interact with Skyloop.
- By "content" we mean anything you or other users post or update on Skyloop that would not be included in the definition of information.
- By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from Skyloop or provide to Skyloop through Platform.
- By "post" we mean post on Skyloop or otherwise make available by using Skyloop.
- By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- By "active registered user" we mean a user who has logged into Skyloop at least once in the previous 30 days.
- By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
- If you are a resident of or have your principal place of business in Australia, this Statement is an agreement between you and Skyloop Systems PtyLimited. Otherwise, this Statement is an agreement between you and Skyloop Ireland Limited. References to “us,” “we,” and “our” mean either Skyloop Systems Pty Limited or Skyloop Ireland Limited, as appropriate.
- This Statement makes up the entire agreement between the parties regarding Skyloop, and supersedes any prior agreements.
- If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any part of this Statement, it will not be considered a waiver of the remainder of this Statement.
- Any amendment to or waiver of this Statement must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
- All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this Statement shall prevent us from complying with the law.
- This Statement does not confer any third party beneficiary rights.
- We reserve all rights not expressly granted to you.
- You will comply with all applicable laws when using or accessing Skyloop.