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Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by skUnity, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old. Any individual who is under the age of 13 years old must discontinue use immediately.
1. Your skUnity Account
If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify skUnity of any unauthorized uses of your account or any other breaches of security. skUnity will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors
If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
3. User Content License
For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permissions: 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 skUnity (IP license). Without limiting any of those representations or warranties, skUnity has the right (though not the obligation) to, in skUnity’s sole discretion (i) refuse or remove any content that, in skUnity’s reasonable opinion, violates any skUnity policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in skUnity’s sole discretion. skUnity will have no obligation to provide a refund of any amounts previously paid. We reserve the right to modify, decompile/view source, re-distribute or publish any content.
4. Payment and Renewal
Optional paid services or upgrades may be available on the Website. When utilizing an optional paid service or upgrade, you agree to pay skUnity the monthly or annual subscription fees indicated. Payments will be charged on a pre-pay basis on the day you begin utilizing the service or upgrade and will cover the use of that service or upgrade for a monthly or annual subscription period as indicated. These fees are not refundable.
Unless you notify skUnity before the end of the applicable subscription period that you want to cancel a service or upgrade, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscriptions can be cancelled at any time.
Hosting, Support Services Optional Hosting and Support services may be provided by skUnity under the terms and conditions for each such service. By signing up for a Hosting/Support or Support services account, you agree to abide by such terms and conditions.
6. Responsibility of Website Visitors
skUnity has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot, therefore, be responsible for that material’s content, use or effects. By operating the Website, skUnity does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. skUnity disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content, there posted.
7. Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which skUnity links, and that link to skUnity. skUnity does not have any control over those non-skUnity websites and webpages and is not responsible for their contents or use. By linking to a non-skUnity website or webpage, skUnity does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. skUnity disclaims any responsibility for any harm resulting from your use of non-skUnity websites and webpages.
8. Copyright Infringement and DMCA Policy
As skUnity asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by us violates your copyright, you can request the removal of the content by messaging an Administrator of the Site. We follow the copyright laws set by the United Kingdom. We reserve the right to ignore and refuse any copyright claims made that we believe do contain enough evidence of copyright over the reported content.
9. Intellectual Property
This Agreement does not transfer from skUnity to you any skUnity or third party intellectual property, and all rights, titles and interests in and to such property will remain (as between the parties) solely with skUnity. skUnity, the skUnity logo, and all other trademarks, service marks, graphics and logos used in connection with skUnity, or the Website are trademarks or registered trademarks of skUnity or skUnity’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any skUnity or third-party trademarks.
skUnity reserves the right to display advertisements on your content unless you have purchased an Ad-free Upgrade or a Services account.
skUnity reserves the right to display attribution links such as ‘Powered by skUnity,’ theme author, and font attribution in your content footer or toolbar. Footer credits and the skUnity toolbar may not be removed regardless of upgrades purchased.
skUnity reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. skUnity may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
skUnity may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your skUnity account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
14. Disclaimer of Warranties
The Website is provided "as is". skUnity and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither skUnity nor its suppliers and licensors make any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
15. Limitation of Liability
In no event will skUnity, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to skUnity under this agreement during the twelve (12) month period prior to the cause of action. skUnity shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
16. General Representation and Warranty
You agree to indemnify and hold harmless skUnity, its contractors, its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between skUnity and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of skUnity, or by the posting by skUnity of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the United Kingdom, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in the United Kingdom. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Arbitration Procedures and Practice in the UK (England and Wales). The arbitration shall take place in the United Kingdom, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. Suppose any part of this Agreement is held invalid or unenforceable, in that case, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; skUnity may assign its rights under this Agreement without condition. This Agreement will be binding upon and will ensure the benefit of the parties, their successors and permitted assigns.
19. Alerts, emails and private messages
We may send alerts, emails and private messages ("messages") to you regarding information about their account, skUnity or any other information we'd like to share. Messages sent between users may be subject to viewing by us. Email notifications can be unsubscribed other than important account-related notifications. Any notifications sent through and only accessible through an skUnity service cannot be unsubscribed from. The default is opt-in. We reserve the right to review and record all communication between users on skUnity.
20. Premium Resources
We allow you to create "Premium Resources" ("resource") under the "Resources" section of the site. These resources are subject to a moderation and vetting process which has set requirements for a resource to be approved. These requirements can change at any point, with or without notice. We reserve the right to approve or deny any submission with or without reason. Premium Resources are provided to skUnity for free and can be distributed by skUnity for free, the price set by the author or a price set by skUnity. We cannot be held liable for anything related to these resources, including, failed transactions, inability to access resource files, loss of data or loss of income. We reserve the right to add a fee to any purchase made. This fee is taken automatically through the PayPal transaction process. This fee can change at any point, with or without notice. Any fees applied to a premium resource purchase are not to be charged back against in any circumstances. In the event that the resource is unavailable for download, you must contact the author or skUnity. Do not charge back in any means. Doing a chargeback against any skUnity applied fees and/or the transaction to the author will remove your access to the resource and restrict your access to regaining access until the chargeback has been cancelled. This fee helps us maintain our network and all money from it goes towards funding the skUnity project. We reserve the right to control and set minimum and maximum prices for a resource, including being able to apply promotions/discounts to purchases without compensation to the original author. skUnity may provide users with gift cards, points or other currencies that can be redeemed against Premium Resources, in the event of purchase through these means, there will be no compensation or transfer of any value from gift cards, skUnity Points, or other non-fiat currencies. In the event that the author's PayPal address becomes invalid, the author is banned from the skUnity network, or at skUnity's discretion, the PayPal address may be changed to the skUnity PayPal address.
21. Usage of skUnity services
skUnity provides a wide range of services. You agree, understand and acknowledge that you will only use the services as they are provided and use them in the manner intended by skUnity. You agree to not attempt in any way to modify, alter, reverse-engineer, or access any skUnity in a way that skUnity has not intended. This includes attempting to access internal URLs, making use of a URL that's intended purpose is for an skUnity service, or modifying the skUnity service using any means. All skUnity services (excluding the skUnity API) are intended to be accessed directly from a web browser. Automated tools/scripts, bots, or other means of automating is prohibited to access any skUntiy service excluding the skUnity API.
The skUnity API is free to use service that enables access to skUnity services through URLs. User registration and an skUnity API Application ("application") are required to use this service. By creating an application, you agree that you will only use the skUnity API to help provide users with useful information to skUnity, or to automate tasks that you would normally complete yourself. You agree that you will not use the skUnity API to create any service that directly mirrors, or competes with skUnity. skUnity reserves the right to determine what is a mirrored or competing service. Any application deemed in breach will have its access to the skUnity API revoked and the user account blocked from accessing the skUnity API. skUnity reserves to monitor all usage of the skUnity API and where skUnity deems necessary, block or slow access to the skUnity API at any point, with or without notice, for any amount of time.
22. skUnity API Upgrade
skUnity offers the ability to upgrade your skUnity Account for use with the skUnity API. This upgrade provides additional benefits such as higher rate limits for your skUnity API Applications. This upgrade is considered a donation to skUnity and as a perk for your donation, you're rewarded with higher levels of access. This upgrade can be revoked, has its perk altered, or discontinued at any point, with or without notice, with or without compensation, with or without a refund, and is at skUnity's sole discretion to offer.
This document is licensed under CC-BY-SA. It was last updated 14th of January, 2023.