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Terms of Service

Jul 29, 2022
Terms of Service
  • Terms of Service

    Read before using any skUnity features or services

    The following terms and conditions govern all use of the skUnity( "we", "us", "our") website and all content, services and products available at or through the website, including, but not limited to, XenForo Forum Software, skUnity Support Forums and the OVH Hosting service ("Hosting"), (taken together, the Website). The Website is owned and operated by skUnity. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, skUnity’s Privacy Policy and Community Guidelines) and procedures that may be published from time to time on this Site by skUnity (collectively, the "Agreement").

    Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, 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.

    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:

    • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
    • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
    • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
    • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
    • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
    • the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
    • your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
    • your content is not named in a manner that misleads your readers into thinking that you are another person or company; and
    • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by skUnity or otherwise.
    • you agree to allow us the license listed in Section 3 ("User Content License") of these Terms of Service. The original poster still bears original rights to the Content.

    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

    General Terms

    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.

    Automatic Renewal

    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 canceled at any time.

    5. Services

    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 their 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 removal of the content by messaging an Administrator of the Site. We follow the copyright laws set by Spain and the European Union. 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 right, title and interest 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.

    10. Advertisements

    skUnity reserves the right to display advertisements on your content unless you have purchased an Ad-free Upgrade or a Services account.

    11. Attribution

    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.

    12. Changes

    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.

    13. Termination

    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 by their nature 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, makes 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 represent and warrant that (i) your use of the Website will be in strict accordance with the skUnity Privacy Policy, Community Guidelines, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which this website resides or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

    17. Indemnification

    You agree to indemnify and hold harmless skUnity, its contractors, and 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.

    18. Miscellaneous

    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 Spain, 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 Málaga, Spain. 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 Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Málaga, Spain, in the Spanish 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. If any part of this Agreement is held invalid or unenforceable, 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 inure to 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. There is currently no way to opt-in or opt-out of these messages. 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 file, 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 chargeback 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. Author Support Programme
    The Author Support Programme ("the programme"), is a service in which skUnity encourages users when downloading resources to donate to the author. The author is responsible for providing skUnity with a valid PayPal address. By default, the programme will have the supporting user send funds to skUnity. The author will have 90 days to claim the funds available to them. After the 90 days have passed, skUnity will become the holder of the funds and will only be released under the discretion of skUnity. skUnity Points can also be used to show support for an author. skUnity Points will go directly to the author's skUnity Points balance.

    22. skUnity Points
    skUnity Points is a system in which users are rewarded for their positive actions across the skUnity Network by being given skUnity Points. skUnity Points can be redeemed for different rewards at a price determined by skUnity. skUnity Points can be purchased directly from skUnity, at a price set by skUnity. skUnity Points cannot be refunded. skUnity reserves the right to terminate the skUnity Points system, block requests of redemption at any point, and reverse any transaction, without any notice and compensation to the user. All skUnity Points, regardless of how they were obtained, are property of skUnity at all times.

    This document is CC-BY-SA. It was last updated 29th of July, 2022

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