Effective June 21, 2011
1. What Information Does Skyfire Collect and for What Purposes?
The Skyfire VideoQ App by default does NOT collect nor store information that can be used to identify you personally such as your name, address, telephone number, or email address ("Personal Information"). Skyfire will not collect Personal Information without your consent. You may use most features of the VideoQ App without establishing an account. For users who opt to create a “Queue” account based on their email, the Skyfire VideoQ App stores a queue of requested video based on email and your device ID. You can access your account Queue to view the videos (or to delete items) at any time, within the App. Items which have not been used or accessed for an extended period may be deleted.
When using the Skyfire VideoQ App for video playback, Skyfire automatically records certain information, such as website pages requested, phone model, and operating system version, IP address, the date and time of your request, as well as connect times, connect failures and video playback quality. This information is required to identify when there is a video for optimization via Skyfire's servers, and is used for studying aggregate user behavior, and to improve our Sites and Services. By default this process is anonymous and not tied to any Personal Information.
Note that no data is ever transmitted to our servers when users access secure (HTTPS) sites, such as commonly used in online banking or ecommerce checkout pages.
Skyfire may display advertisements and offers in the Skyfire VideoQ App. Skyfire presents relevant ads using a completely automated and anonymous process that enables Skyfire to target ads based on interests and topics that surface in keyword analysis of requested web pages. No human will read the web pages in order to target such advertisements, and no personally identifiable information will be collected nor provided to advertisers as part of this Service. We may contract with trusted partners to perform anonymous reporting and analytics to refine interest profiles created with this information. However, Skyfire stores and uses this data in a form that does not permit direct association with the name of any specific individual.
If the user chooses to create an account tied to an email address, Skyfire will store the email in order to identify emailed requests and assign the videos to the proper account’s Queue. Your Queue will be stored and can be accessed from authorized devices. You may add additional devices to your account (for example, an iPad plus an iPhone) by signing up from each device that shares the same primary email address. Each account may only be tied to one email address. After the first device, additional devices will not be able to access your Queue until “approved” by the original device on the account. A notification and request for confirmation will appear in the original device’s Queue, inside the Skyfire VideoQ App.
For advanced users, the Skyfire VideoQ App offers an option to install a “bookmarklet” in your Safari browser bookmark list; this allows you to add any web page URL to your account Queue by selecting the bookmarklet, rather than choosing the “Mail Link to this Page” button in Safari. When applying the Bookmarklet, Skyfire also receives a copy of your user cookie from that site.
If you write to us with comments, suggestions, or feedback, Skyfire may use, disclose, reproduce, license and distribute any such comments, suggestions and feedback.
3. Can Minors Use the Sites and Services?
Skyfire does not knowingly collect or solicit information from anyone under the age of 18, and requires that users to be of age 18 or older to use the Skyfire VideoQ App. If you do not meet these age requirements, please do not attempt to register for or use the VideoQ App, and do not send any information about yourself to us, including your name, address, telephone number, or email address. If we learn that we have collected personal information from anyone under the age of 18 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under the age of 18, please contact us at firstname.lastname@example.org and we will promptly delete such information.
4. How Does Skyfire Share Information?
Skyfire does not sell, rent or share your Personal Information with other companies as a matter of policy. However, we may disclose Personal Information and non-Personal Information under the following limited circumstances:
· Skyfire may disclose any information necessary to court orders, subpoenas, or legal process, or enforceable governmental request, or to establish or defend against legal claims, or exercise our legal rights.
· Skyfire may choose to buy or sell assets, and in these types of transactions, user information is typically one of the business assets that are transferred. Moreover, if all or substantially all of Skyfire's assets were acquired, or in the event that Skyfire goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party.
· We notify you and obtain your consent in advance.
Skyfire discloses aggregate, anonymous log file and usage information in reports to third parties to assist those parties in understanding the usage patterns and performance results of certain advertisements, content, services, promotions, or features. For example, we may provide aggregate-level reports to an advertising partner for the purpose of showing delivery and performance statistics of a specific advertising campaign.
Skyfire utilizes certain third party services, such as Flurry Analytics, as a reporting tool in order to study aggregate usage patterns and improve our Sites and Services. Skyfire does not share Personal Information with such third parties.
5. How Does Skyfire Protect Your Information?
We limit access to information about account activity to Skyfire employees, contractors and agents who need to come into contact with that information to operate, develop or improve our products and services. These individuals are under confidentiality agreements and may face disciplinary charges, termination and/or criminal prosecution if they fail to meet their agreements. We review our data collection and use practices to ensure that we collect and use only necessary amount of personal information needed to operate, develop or improve our Sites and Services.
We endeavor to protect the privacy of any information we hold in our records, but we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information. If Skyfire learns of a security breach, then we may attempt to notify you so that you can take appropriate protective steps. Skyfire also may post a notice on applicable portions of its Sites and Services if a security breach occurs.
In addition, please note that information that we collect or that you submit may be transferred to, processed in, or held in countries (including the United States) other than the one in which you reside.
7. Who Can I Contact With Concerns Or Questions?
Skyfire, Inc. ("Skyfire") has developed a mobile app, Skyfire VideoQ (the “App”). The App enables you to view videos, including videos designed for the Adobe Flash Player, from across the internet; it allows you to enter webpages and receive content on your mobile phone, tablet, or other handheld electronic devices (your "Device").
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (THESE "TERMS") CAREFULLY BEFORE USING THE APP. These Terms govern your access to and use of the App and the accompanying content, data and other materials accessed through the App. BY USING THE APP, YOU ARE AGREEING TO BE BOUND BY THESE TERMS. If you do not accept these Terms, please do not use the App.
1. Basic Requirements
a. The App is intended solely for your own personal, non-commercial use in accordance with these Terms. You may not re-sell the App in any way.
b. You must be at least eighteen (18) years of age to accept these Terms and use the App. If you are under the age of 18, please do not download or install the App.
Skyfire reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the App or modify these Terms. Skyfire shall notify you of any changes and require you to agree to such modified Terms to continue to use the App. If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the App. By continuing to access or use the App after Skyfire makes any such modification, you agree to be bound by the revised Terms.
3. Carrier Transactions and Charges
Your dealings with any wireless, telecommunications or other carrier ("Carrier") in connection with the App, including payment for and delivery of the App, 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 is not 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 App, including, without limitation, usage charges for telephones, handheld devices, car navigation systems, pagers and other devices, whether wireless or wireline.
5. Grant of License
Subject to your compliance with these Terms, Skyfire grants you a non-exclusive, non-transferable, non-sublicensable license to download, install and use the executable form of the App only on your Device and solely for your personal use. Skyfire reserves all rights not expressly granted to you in this Terms.
6. Your Warranty
You warrant, represent and agree that you will not (and will not permit any others to) use the App in any manner that (i) violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable as determined by Skyfire; or (iv) prevents others from using the App. Skyfire reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of these Terms has occurred or to comply with any applicable law, regulation, legal process or governmental request.
Except as expressly specified in these Terms, you shall not (and will not permit any others to do any of the following): (a) copy or modify the App; (b) transfer, sublicense, lease, lend, rent or otherwise distribute the App to any third party; (c) make the App or its functions available to multiple users through any means, including, without, limitation, by uploading the App to a network or file-sharing service or through any hosting, application services provider, service bureau or any other type of service; (d) adapt, alter, modify, translate or create derivative works of the App without the express written authorization of Skyfire; or (e) block, disable or otherwise affect any advertising, advertisement banner window, links to other sites and services or other features that constitute part of the App. You acknowledge and agree that portions of the App, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of Skyfire and its licensors. Accordingly, you agree not to disassemble, decompile or otherwise reverse engineer the App, in whole or in part, or permit or authorize a third party to do so, except to the extent such restrictions are expressly prohibited by applicable law.
The App is licensed, not sold. Skyfire and its licensors retain all right, title, and interest in and to the App, including all intellectual property rights therein. The App is protected by United States and other laws and international treaties. You may not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the App as delivered to you.
The Terms shall remain effective until terminated by either you or Skyfire as set forth below.
a. You may terminate the Terms at any time, with or without cause, by uninstalling the App from your Device. b. Skyfire may terminate the Terms if you breach any provision of the Terms, Skyfire ceases to provide the App for your use, or if Skyfire is required to do so by law. Furthermore, Skyfire may terminate the Terms and your use of the App at any time for any reason. c. In the event of any termination of the Terms, you agree to uninstall and delete all copies of the App in your possession or control. Upon termination of your account, your right to use the App will immediately cease. All provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
10. Third Party Content
In the course of using the App, you may access content, products and services provided by third parties. Skyfire does not control these third parties or their links, and Skyfire is not responsible for the content, products, materials or practices of any third party. You understand that by using the App you may be exposed to content that you find offensive, indecent or otherwise objectionable. 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, quality, nature, reliability, advertising, products or services on or available from such websites or resources as accessible through use of the App; 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. 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 or liable for: (a) the quality of third party products or services; or (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 or liable for any loss or damage of any sort you may incur from dealing with any third party.
Your access to and use of the App is at your own risk. Do not use the App where prohibited by law or during activities that require your full attention, or where there exists a significant risk of accident or injury resulting from the distraction created by such use.
From time to time, Skyfire may provide updates and/or new versions of the App and you agree to receive (and permit Skyfire to deliver) such software and to use (and will not prevent the updating and/or installation of) the most recent version of the App on your Device.
a. THE APP IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SKYFIRE EXPLICITLY DISCLAIMS, FOR ITSELF AND ITS SUPPLIERS, 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 APP 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 APP. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED, USED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP IS DONE AT YOUR OWN DISCRETION AND RISK.
b. Skyfire makes no warranty that: (i) the App will meet your requirements; (ii) the App 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 App will meet your expectations, will be accurate, interoperable, compatible, timely, truthful, complete or reliable. Skyfire reserves the right to make changes or updates to the App, 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.
14. Limitation of Liability
a. IN NO EVENT WILL SKYFIRE, ITS SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT SKYFIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
b. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT WILL SKYFIRE'S CUMULATIVE LIABILITY TO YOU EXCEED $10.
You agree that you will be personally responsible for your use of the App, and you agree to defend, indemnify and hold Skyfire, and its respective officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the "Skyfire Entities"), harmless from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys' and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the App; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; and (iv) any disputes or issues between you and any Carrier. Skyfire reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Skyfire' defense of such claim.
16. Dispute Resolution
These Terms shall be governed by and interpreted in accordance with the laws of the State of California excluding that body of law pertaining to conflict of laws. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Santa Clara County, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right at any time to institute an action in any court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California.
17. Other Terms
In the event that any provision in these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of a party to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. You may not assign these Terms (by operation of law or otherwise) without the prior written consent of Skyfire and any prohibited assignment will be null and void. Skyfire may assign these Terms or any rights hereunder without your consent. You agree that these Terms and the rules, restrictions and policies contained herein, and Skyfire's enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and Skyfire. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Skyfire in any respect whatsoever. These Terms together with the rules and policies of Skyfire constitute the entire agreement between Skyfire and you with respect to the subject matter hereof.
18. Apple Device and Application Terms
In the event you are using the App in connection with a device provided by Apple, Inc. (“Apple”) or a Company application obtained through the Apple App Store, the following shall apply:
You acknowledge and agree that this Agreement is concluded between you and Skyfire only, and not with Apple, and that Apple is not responsible for the App or anycontent contained or accessed through the App;
The App is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Services;
You will only use the App in connection with an Apple device that you own or control;
You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
In the event of any failure of the App to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the App;
You acknowledge and agree that Skyfire, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the App;
You acknowledge and agree that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Skyfire, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
You acknowledge and agree that, in your use of the App, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third party beneficiary thereof.
19. Contact Information
If you have any questions regarding these Terms,
you may contact Skyfire at email@example.com.