Guard Your Account and Password
You are responsible for safeguarding the username and password that you use to access any secure or password-protected areas of the Site or Services. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your username and password, whether or not you have authorized such activities or actions. You will immediately notify Skyfire of any unauthorized use of your username or password. You are responsible for keeping your account information current and accurate; Skyfire will have no liability for failure to deliver notices that result from inaccurate account information.
Your Use of Site Information
Any use of software and accompanying documentation you download from the Site may be subject to the terms of a separate software license agreement between you and Skyfire. You must read the license agreement and indicate your agreement to its terms prior to installing or using the software. All rights, title and interest not expressly granted are reserved.
Your Use of Forums and Public Communication
“Forum” means a discussion group, chat area, mail bag, recommendation and ratings section, bulletin board, news group, communication with Skyfire and its webmaster or employees, or e-mail function that is, or may be, offered as part of the Site or Services. You agree not to upload, email, post, publish or otherwise transmit through a Forum any content that: (i) is false or misleading; (ii) is defamatory; (ii) is harassing or invades another’s privacy, or promotes bigotry, racism, hatred or harm against any group or individual; (iv) is obscene; (v) infringes another’s rights, including but not limited to intellectual property rights (including trademark, trade secret, patent or copyright) or rights of publicity; or (vi) violates any applicable laws or regulations. Forums shall be used in a noncommercial manner only.
By uploading, emailing, posting, publishing or otherwise transmitting content to any Forum or submitting any content to Skyfire, you automatically grant (or warrant that the owner of such rights has expressly granted) Skyfire a worldwide, royalty-free, non-exclusive, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, create derivative works of, perform, display, distribute, publish and transmit such content in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called moral rights in the content have been waived.
You may from time to time provide feedback to Skyfire related to the Site, Content or Services. Such feedback may include, without limitation, modifications, additions, fixes, improvements, enhancements, applications, test results, procedures, information, materials, suggestions, ideas, concepts, know-how, techniques, data, translations, developments, discoveries and suggestions (collectively “Feedback”). You hereby grant Skyfire a worldwide, royalty-free, non-exclusive, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, create derivative works of, perform, display, distribute, publish, transmit and otherwise use and dispose of such Feedback.
- You agree not to do any of the following while using the Site, Content or Services:
Engage in any activities, including but not limited to posting, publishing or transmitting any text, graphics or material, that: (i) are false or misleading; (ii) are defamatory or libelous; (iii) invade another’s privacy; (iv) are obscene, pornographic or offensive; (v) promote bigotry, racism, hatred or harm against any individual or group; (vi) infringe another’s rights, including any intellectual property, privacy or publicity rights; or (vii) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- Copy, modify or distribute the HTML code used to generate web pages on the Site;
- Use the Site, Content or Services on or in connection with any other website, for any purpose;
- Access, tamper with, or use non-public areas of the Site, Skyfire’s computer systems, or the technical delivery systems of Skyfire’s providers;
- Attempt to probe, scan or test the vulnerability of any system or network or breach any security or authentication measures;
- Attempt to access or search the Site, Content, or Services with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Skyfire or other generally available third party web browsers (such as Microsoft Internet Explorer or Netscape Navigator);
- Frame or link to the Site, except as may be expressly permitted in writing by Skyfire;
- Send unsolicited email, bulk email, junk mail, “spam” or chain letters, or promotions or advertisements for products or services;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Content or Services to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Content or Services;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Site; or
- Impersonate or misrepresent your affiliation with any person or entity.
Termination of Use
The Site may contain links to third-party websites or resources, which may provide access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Site. Skyfire does not control these links and links to such websites or resources do not imply any endorsement by Skyfire of such websites or resources or the content, products or services available from such websites or resources. You agree that Skyfire is not responsible or liable for: (i) the availability or accuracy of, such third-party websites or resources; (ii) the content, advertising, products or services on or available from such websites or resources; or (iii) any opinions, advice, offers or other information on or available from such websites or resources. You should refer to the policies posted by other websites regarding privacy and other topics before you use them. You agree that Skyfire is not responsible for third-party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Skyfire is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with a third party seller, including delivery of products or services and warranty obligations related to such purchased products or services. You agree that Skyfire is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
Carrier Transactions and Charges
Your dealings with any wireless, telecommunications or other carrier (“Carrier”) in connection with the Site, Content or Services, including payment for and delivery of any Content or Services, participation in any promotions offered by any Carrier, and/or any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the Carrier. Skyfire shall not be responsible or liable for any part of any such dealings or promotions.
You are solely responsible for, and Skyfire will not have any liability to you for, any access or usage charges charged by a Carrier related to any device that you use to access or use the Site, Content or Services, including, without limitation, usage charges for telephones, handheld devices, car navigation systems, pagers and other devices, whether wireless or wireline.
Use of the Site, Content & Services at Your Own Risk
Your access to and use of the Site, Content and Services is at your own risk. Do not use the Site, Content and Services during activities that require your full attention, such as operation of a motor vehicle, where there exists a significant risk of accident or injury resulting from the distraction created by such use. Skyfire will have no responsibility for any damages of any kind resulting from such use and will have no responsibility for any harm to your computer system, loss of data or any other harm that results from your access to or use of the Site, Content or Services.
The Site, Content & Services are Available “AS-IS”
THE SITE, CONTENT AND SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE SKYFIRE ENTITIES EXPLICITLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO (I) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; (II) ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE, OR TRADE; AND (III) ANY WARRANTIES THAT THE INFORMATION OR RESULTS PROVIDED IN, OR THAT MAY BE OBTAINED FROM USE OF, THE SITE, CONTENT OR SERVICE ARE ACCURATE, RELIABLE, COMPLETE, UP-TO-DATE, OR PRODUCE SPECIFIC OUTCOMES. YOU ASSUME ALL RISK FOR ALL DAMAGES, INCLUDING BUSINESS LOSSES, DAMAGE TO YOUR COMPUTER SYSTEM, DAMAGES RESULTING FROM COMPUTER VIRUSES AND LOSS OF DATA, WHICH RESULT FROM YOUR USE OF OR ACCESS TO THE SITE, CONTENT OR SERVICES. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED, USED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE, CONTENT OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK.
THE SKYFIRE ENTITIES MAKE NO WARRANTY THAT: (i) THE SITE, CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SITE, CONTENT OR SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, CONTENT OR SERVICES WILL MEET YOUR EXPECTATIONS, WILL BE ACCURATE, INTEROPERABLE, COMPATIBLE, TIMELY, TRUTHFUL, COMPLETE OR RELIABLE.
ALL ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, IS “AS IS” AND NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN OBTAINED FROM THE SKYFIRE ENTITIES OR THROUGH THE SITE, CONTENT OR SERVICES, WILL CREATE ANY WARRANTY.
THE SKYFIRE ENTITIES ARE NOT RESPONSIBLE FOR ANY DECISIONS YOU MAKE BASED UPON THE SITE, CONTENT OR SERVICES. THE SKYFIRE ENTITIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE SITE, CONTENT OR SERVICES, AND MAKE NO COMMITMENT OR WARRANTY TO CORRECT ANY SUCH ERRORS OR OMISSIONS OR UPDATE OR KEEP CURRENT THE INFORMATION CONTAINED IN THE SITE, CONTENT OR SERVICES. IT IS YOUR RESPONSIBILITY TO TAKE APPROPRIATE DUE DILIGENCE TO ENSURE THAT THIS INFORMATION IS SUITABLE FOR YOUR PURPOSES, INCLUDING WITHOUT LIMITATION TO IMPLEMENT ANY PRODUCTS OR SERVICES BASED ON SUCH INFORMATION.
SKYFIRE RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE, CONTENT OR SERVICES, INCLUDING BUT NOT LIMITED TO ADDING TO, DELETING, CHANGING OR IMPROVING ANY OF THE INFORMATION, SERVICES, PROGRAMS, INTERFACES AND TECHNOLOGY, AT ANY TIME WITHOUT NOTICE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE SKYFIRE ENTITIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OPERATING OR DELIVERING THE SITE, CONTENT OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, CONTENT OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE SKYFIRE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE SKYFIRE ENTITIES ARE 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 YOU. FURTHER, THE SKYFIRE ENTITIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES.
YOU AGREE THAT THE AGGREGATE LIABILITY OF THE SKYFIRE ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, CONTENT OR SERVICES IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO SKYFIRE FOR ACCESS TO AND USE OF THE SITE, CONTENT OR SERVICES GIVING RISE TO SUCH LIABILITY IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SKYFIRE AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Note About Children
Minors are not eligible to use the Site, and we ask that they do not submit any personal information to us.
Export Restrictions/Legal Compliance
You may not access, download, use, export, re-export or transfer, in whole or in part, any of the Site, Content or Services in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority. You agree not to directly or indirectly provide or otherwise make available the services, information and products of Skyfire in violation of any such restrictions, laws or regulations, or without all necessary approvals. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the Site, Content or Services outside the U.S.
Skyfire operates the Site from its offices in Mountain View, California, and makes no representations that materials in the Site, Content or Services are appropriate or available for use in other locations. Access to the Site, Content or Services from any territory where the content is illegal is prohibited. If you choose to access the Site, Content or Services from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws, rules and regulations. The display of the Site, Content or Services alone does not subject Skyfire to any specific jurisdiction.
Copyright & Trademark Information
Copyright © 2013 Skyfire Labs, Inc. All rights reserved.
Effective: January 15, 2008