Terms and Conditions

This is a legal agreement between you, the potential user of this website ("you") and Skillinity and where applicable, Skillinity's principals ("Skillinity"). Your use of this website ("Site") or any of the products and services offered on this Site (collectively, the "Services") is conditioned on your acceptance without modification of these Terms and Conditions ("Terms"). Please read these Terms carefully. If you do not agree to these Terms, you should not use the Site or Services. Skillinity may at its sole discretion modify these Terms at any time and such modifications will be effective immediately upon being posted on this Site. The most current version of these Terms can be accessed through the "Terms and Conditions" link at the bottom of the Site. You agree to review these Terms periodically, and your continued use of the Site and Services after the posting of modifications constitutes your affirmative agreement to abide and be bound by the Terms, as modified.

Eligibility

Use of the Site and Services is for personal, non-commercial use and is void where prohibited. You shall comply with all applicable local, state, federal and national laws, statutes, ordinances and regulations regarding the use of the Site and Services. You represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You must be at least 18 years of age and have Internet access, a valid e-mail address, and a valid home address to register for the Site and Services. Although individuals ages 16 to 17 may utilize the Site and Services, they may do so only with the involvement of a parent or legal guardian who shall be jointly and severally responsible for your obligations under these Terms. If you are 16 or older but under the age of 18, you should review these Terms with your parent or guardian to make sure that you and your parent or guardian understand and agree with these Terms.

Registration and Account Rules

To register, you must provide your name, home address, date of birth, and e-mail address. Full use of the Site and Services requires this information and you must agree to comply with the following terms:

1. You shall maintain your account with up-to-date information;
2. You shall be responsible for maintaining the confidentiality and security of your account;
3. You shall immediately report any unauthorized use of your account to Skillinity, as well as any other breach of security;
4. You shall not share your password with any other person; and
5. You shall not assign, sell or transfer your account to any other person.

Personal Site Profile

Upon successfully registering, your account will be provisioned with space on a Skillinity server where personal information and media will be stored. You acknowledge that, by uploading any content to your account's Personal Site Profile, you are directing Skillinity to store the content. Skillinity does not represent or guarantee the Service which will successfully upload or support your file. You agree that you will not upload content, and will not request that any content be uploaded to your account's Personal Site Profile, that infringes the copyright or other intellectual property rights of any third party.

You may access your Personal Site Profile via any personal computer, but only after providing the valid and unique "username" and "password" of your account.

Privacy Policy

Skillinity's personal information practices on the Site and Services are governed by Skillinity's Privacy Policy. Please review this Privacy Policy.

Cookies

Skillinity may place a cookie or other small text file on any computer from which you access the Site or Services and you consent to that placement.

Consent to Receive E-mail

By using the Site and Services, you consent to receiving e-mail from Skillinity. These e-mails will include notices about your account and information concerning or related to the Site or Services, such as recommendations or notifications of posted blurbs. These e-mails are part of your relationship with Skillinity.

Use of Information Submitted

By contributing any ratings, reviews, comments, feedback, suggestions, pictures and other materials (collectively, the "Content") on our through the Site or Services, you hereby grant to Skillinity a non-exclusive, worldwide, royalty-free, transferable right to fully exploit such Content. Skillinity does not regularly review the content posted on the Site; however, Skillinity reserves the right to remove or edit any Content from the Site at any time without notice.

Your Conduct

You warrant, represent and agree that you will not contribute any Content that infringes or violates the rights of any other party or violates any laws, contributes to or encourages infringing or otherwise unlawful conduct, or is obscene or in poor taste. You agree that use of the Site and Services is subject to all applicable national, federal, state, and local laws and regulations, and that you are solely responsible for the contents of your communications through the Site and Services.

Objectionable Material

You understand that by using the Services you may encounter content that may be deemed objectionable, obscene or in poor taste, which content may or may not be identified as having explicit language. You agree to use the Services at your own risk and that Skillinity shall have no liability to you for content that you may find objectionable, obscene or in poor taste.  Skillinity reserves the right to remove such content and/or terminate your account because of content deemed inappropriate.

Intellectual Property

You agree that the Site and Services, including but not limited to graphics, video and editorial content, contain proprietary information and material that is owned by Skillinity and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Site and Services in compliance with these Terms. Except as expressly provided under these Terms, no portion of the Site or Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or Services in any unauthorized way whatsoever.

The trademarks, logos and service marks (collectively, the "trademarks") displayed on the Site or Services, unless otherwise specified, are the registered and unregistered trademarks of Skillinity or their respective owners. Nothing contained on the Site or Services shall be construed as granting, by implication or otherwise, any license or right to use any trademark displayed on the Site or Services without the express written permission of the trademark owner.

Claims of Copyright Infringement

Skillinity respects the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

 * An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
* A description of the copyrighted work that you claim has been infringed;
* A description of where the material that you claim is infringing is located on the Site;
* Your address, telephone number, and e-mail address;
* A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
* A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Skillinity's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Skillinity, support@skillinity.com.

THIS SITE, ITS CONTENTS, AND ANY SOFTWARE, PRODUCTS, AND SERVICES OFFERED OR CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS AND ON AN "AS AVAILABLE" BASIS. SKILLINITY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE, ITS CONTENTS, OR SUCH SOFTWARE PRODUCTS AND SERVICES, AND DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ERROR-FREE OR UNINTERRUPTED SERVICE, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, CURRENCY AND COMPLETENESS ARISING FROM OR RELATING TO THIS SITE, ITS CONTENT OR ANY LINKS, ANY SOFTWARE, TOOLS, TIPS, PRODUCTS OR SERVICES PROVIDED THROUGH THIS SITE. IN ADDITION, SKILLINITY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

Limitations on Liability

IN NO EVENT SHALL SKILLINITY, ANY OFFICER, AFFILIATE, DIRECTOR, SHAREHOLDER, AGENT, PRINCIPAL, CONTRACTOR OR EMPLOYEE OF SKILLINITY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD PARTY CLAIMS), ARISING OUT OF OR IN CONNECTION WITH: THIS SITE; ANY MATERIALS, INFORMATION, QUALIFICATION AND RECOMMENDATIONS APPEARING ON THIS SITE; ANY SOFTWARE, TOOLS, TIPS, PRODUCTS, OR SERVICES OFFERED THROUGH, CONTAINED IN OR ADVERTISED ON THIS SITE; ANY LINK PROVIDED ON THIS SITE; AND YOUR ACCOUNT AND PASSWORD, WHETHER OR NOT SKILLINITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THIS SITE.

YOU ACKNOWLEDGE THAT YOU WILL BE FULLY LIABLE FOR ALL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THIS SITE.

User Disputes

You are solely responsible for your interactions with other Skillinity users. Skillinity reserves the right, but has no obligation, to monitor disputes between you and other users.

Electronic Signature and Contracts

YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THE SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS AND APPLICATIONS.

Governing Law

The laws of the State of California, excluding its conflicts of law rules, govern these Terms and your use of the Site and Services. Your use of the Site and Services may also be subject to other local, state or federal laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Skillinity relating in any way to your use of the Site or Services resides in the courts of the State of California.

Notices

Skillinity may send you notice with respect to the Site or Services by sending an e-mail message to the e-mail address listed in your account information, by sending a letter via postal mail to the shipping address listed in your account information, or by a posting on the Site. Notices shall become effective immediately when posted to the Site and upon delivery when sent by e-mail or postal mail.

Miscellaneous

These Terms constitute the entire agreement between you and Skillinity and govern your use of the Site and Services, superseding any prior agreements between you and Skillinity. You may also be subject to additional terms and conditions that may apply when you use third-party content or third party-software. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Skillinity's failure to enforce any right or provision in these Terms will not constitute a waiver of such provision, or any other provision of these Terms. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. Skillinity will not be responsible for failures to fulfill any obligations due to causes beyond its control. No agency, partnership, joint venture or employment is created as a result of these Terms. All provisions of these Terms which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

Changes to the Site

Skillinity reserves the right to modify or discontinue any of the Services and material displayed on or offered through the Site, with or without notice to you, and is not obligated to support or update the Site or Services.

© 2011 Skillinity. All rights reserved. For personal non-commercial use only.