OVERVIEW
Welcome to the website of Skai Blue Media (“Skai Blue,” “we,” or “us”). These Terms of Service (the “Terms of Service”) are a binding contract between Skai Blue and you and explain the terms and conditions by which you may use and/or access our online media and public relations services (“our Service”), in connection with https://skaibluemedia.wpenginepowered.com, together with any related subsites, sub-domains, mobile and software applications, services, features and/or content associated therewith (collectively, “our Websites”).
For purposes of these Terms of Service, “you” and “your” mean you as the user of our Service. If you use our Service on behalf of a company, organization or other entity, then (a) “you” includes you and that entity, (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms of Service, and that you agree to these Terms of Service on the entity’s behalf, and (c) your entity is legally and financially responsible for your use of our Service as well as for the use of your account by others affiliated with your entity, including any employees, agents or contractors.
Skai Blue is dedicated to providing users of our Service with a highly interactive and positive experience, while at the same time protecting our rights and the rights of our users. We have developed these Terms of Service to govern your use of our Service, and we, along with our affiliates, partners and advertisers, provide content and services to you subject to the following conditions. By accessing or using our Service, you hereby affirm that you have read, understood, and agree to be bound by these Terms of Service, whether or not you are a registered user or customer of our Service. Please read the Terms of Service carefully. Your use of our Service is subject to Skai Blue’s Privacy Policy, incorporated herein by this reference. If you do not agree with any of these Terms of Service, do not use or access (or continue to access) our Service.
OUR SERVICE CONTENT
All of the information, content, services and software displayed on, transmitted through, or used in connection with our Service, including for example, advertising, directories, guides, articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, and all other matters related to our Websites, including without limitation, the selection and arrangement of the aforementioned and the “look and feel” of our Websites (collectively, the “Content”), are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and are the intellectual property of Skai Blue, and its affiliated companies, licensors and suppliers. Skai Blue actively protects its rights to the Content to the fullest extent of the law. The copying, rearrangement, broadcast, rewriting for broadcast or publication, redistribution, modification, use or publication by you in any medium, directly or indirectly, of any such matters or any part of our Service, including the removal or alteration of advertising, except for limited rights of use granted hereunder, is strictly prohibited. You may not use such material except as provided in these Terms of Service.
Subject to your agreement to and continuing compliance with these Terms of Service, Skai Blue hereby grants you a personal, non-exclusive, non-assignable, non-transferable license to access and use our Service for your personal and non-commercial use only. You may download or print a single copy of any portion of the Content for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such Content. You may not use our Service for any other purpose, including any way that breaches the Privacy Policy or any other agreement applicable to our Service, unless otherwise expressly permitted by Skai Blue. You may not, for example, republish the Content on any Internet, Intranet or Extranet site or incorporate the Content in any database, compilation, archive or cache or store the Content in electronic form on your computer or mobile device unless otherwise expressly permitted by Skai Blue. You may not distribute any of the Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content without securing the prior written consent of Skai Blue.
You agree that you will only use our Service for lawful purposes, and you will not use our Service for sending or storing any unlawful material or for fraudulent purposes or to engage in any illegal, offensive, indecent or objectionable conduct. You may not frame or utilize framing techniques that involve any trademark, logo, copyrighted material or other proprietary information (including images, text, page layout, or form) of any portion of our Service without our express written consent. You may not alter or modify in any way, our Service including but not limited to using any software to suppress or alter the display of advertising on the pages of our Service. In addition, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through our Service, not to insert any code or product or manipulate the content of our Service in any way that affects the user’s experience, and not to use any data mining, robots, cancelbots, Trojan horse, or any data gathering or extraction method in connection with your use of our Service, or otherwise harm our Service in any way whatsoever.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
OTHER INFORMATION CONTENT PROVIDERS
Our Service may include the distribution of content supplied by other content providers such as non-staff bloggers, commenters and content owned by other providers that is published with their permission on our Service. Our Service is not responsible for the statements and opinions expressed by those content providers. Responsibility for the accuracy and completeness of such content lies solely with those content providers and is not guaranteed by Skai Blue. Pursuant to 47 U.S.C.§ 230, Skai Blue is not the publisher of such information and is therefore not liable for any delays, inaccuracies, errors or omissions in such content. Given the volume of information posted by such providers, our Service cannot and does not monitor all of the information posted to our Service and assumes no duty to monitor our Service for inappropriate or inaccurate content. Neither Skai Blue nor its affiliates or employees shall be liable to any user or anyone else for claims of defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, fraud or misrepresentation arising from such content. Notwithstanding the foregoing, Skai Blue reserves the right to remove information provided by other information content providers at any time in its sole discretion.
SERVICE SECURITY RULES
You are prohibited from violating or attempting to violate the security of our Service, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to our Service, overloading, “flooding”, “mailbombing” or “crashing”, or (d) forging any TCP/IP packet header or any part of the header information in any e-mail, forum, or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Skai Blue will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting those who are involved in such violations.
THIRD-PARTY LINKS
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
Any use by you of third-party links offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
INTERNATIONAL USERS
Our Service is controlled, operated and administered by Skai Blue from its offices within the United States. Skai Blue makes no representation that materials or the Content available through our Service are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use our Service or export the Content in violation of U.S. export laws and regulations. If you access our Service from a location outside the United States, you are responsible for compliance with all local laws.
DISCLAIMER OF WARRANTIES
TO THE GREATEST EXTENT PERMITTED BY LAW, ALL CONTENT ON OUR SERVICE (INCLUDING WEBSITES) AND THIRD-PARTY SITES TO WHICH OUR WEBSITES LINK IS PROVIDED “AS IS” OR “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. SKAI BLUE IS NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENT OF OTHER SERVICES THAT MAY BE LINKED TO OUR SERVICE. BECAUSE SKAI BLUE HAS NO CONTROL OVER SUCH SERVICES, YOU ACKNOWLEDGE AND AGREE THAT SKAI BLUE IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SERVICES, AND THAT SKAI BLUE DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ACCURACY, QUALITY, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH EXTERNAL SERVICES. TO THE GREATEST EXTENT PERMITTED BY LAW, YOU FURTHER ACKNOWLEDGE AND AGREE THAT SKAI BLUE 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 THE USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH SUCH EXTERNAL SERVICES. THE CONTENT PUBLISHED ON OUR SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON OUR SERVICE.
SKAI BLUE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO OUR SERVICE AT ANY TIME INCLUDING CHANGES TO THESE TERMS OF SERVICE. OUR SERVICE MAY OFFER A SEARCH FEATURE. SKAI BLUE EXPLICITLY DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT OR AVAILABILITY OF INFORMATION CONTAINED IN OUR SEARCH INDEX OR DIRECTORY. SKAI BLUE ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE COMPLETENESS OR ACCURACY OF ANY DIRECTORY OR SEARCH RESULT. SKAI BLUE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS AND, TO THE FULLEST EXTENT ALLOWED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SUITABILITY OF THE INFORMATION; THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN OUR SERVICE, OR THE RESULTS OBTAINED FROM ACCESSING AND USING OUR SERVICE AND/OR THE CONTENT CONTAINED THEREIN. SKAI BLUE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE USER ASSUMES THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION OF THE USERS COMPUTER AND OTHER EQUIPMENT.
LIMITATION OF SKAI BLUE’S LIABILITY; INDEMNIFICATION
UNDER NO CIRCUMSTANCES AND TO THE GREATEST EXTENT PERMITTED BY LAW, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SKAI BLUE OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT, OR ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE WEBSITES, INCLUDING, WITHOUT LIMITATION, USE OF OR RELIANCE ON INFORMATION AVAILABLE ON THE WEBSITES OR ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE WEBSITES; INTERRUPTIONS; ERRORS; DEFECTS; MISTAKES; OMISSIONS; DELETIONS OF FILES; DELAYS IN OPERATION OR TRANSMISSION; NON-DELIVERY OF INFORMATION; DISCLOSURE OF COMMUNICATIONS; OR ANY OTHER FAILURE OF PERFORMANCE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT SKAI BLUE IS NOT LIABLE FOR ANY CONDUCT OF ANY USER.
AS A CONDITION OF USE OF THIS SERVICE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, SKAI BLUE AND ITS AFFILIATES, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, AS APPLICABLE, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (A) YOUR USE OF OUR SERVICE; (B) SKAI BLUE’S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS OUR USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (C) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (D) ANY VIOLATION OF THESE TERMS OF SERVICE BY YOU. IF YOU ARE DISSATISFIED WITH ANY SKAI BLUE MATERIAL, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR SERVICE.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. If any provision of this Agreement is unlawful, void, or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
ENTIRE AGREEMENT
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
These Terms of Service shall be deemed to include all other notices, policies, disclaimers, and other terms contained on our Service; provided, however, that in the event of a conflict between such other terms and the terms of these Terms of Service, the terms of these Terms of Service shall control.
Any failure of Skai Blue to enforce or exercise any provision of these Terms of Service or related right shall not constitute a waiver of that right or provision. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Service. The section titles used in these Terms of Service are purely for convenience and carry with them no legal or contractual effect. In the event of termination of these Terms of Service for any reason, you agree that the following provisions will survive: the provisions regarding the limitations on your use of Content, the license(s) you have granted to Skai Blue, and all other provisions for which survival is equitable or appropriate. Skai Blue may assign its rights and duties under these Terms of Service to any party at any time without notice to you.
GOVERNING LAW
These Terms of Service have been made, and shall be construed and enforced, in accordance with the laws of the Commonwealth of Pennsylvania. Any action to enforce this agreement shall be brought in the federal or state courts located in Pennsylvania. Any cause of action or claim you may have with respect to our Websites must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at websitepolicy@skaibluemedia.com.
