We are Skoukor.com, doing business as Skoukor Music Facts ("Company," “we,” “us,” or “our”), a company in Walla Walla, Washington,
United States.
We operate the website www.skoukor.com (the “Site”) Our users are bound by the Terms and Conditions (the “Legal Terms”), when
using our website services (collectively, the “Services”).
You can contact us by email at Admin@Skoukor.com
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”),
and Skoukor Music Facts, and concerning your access to and use of the Services. You agree that by accessing the Services, you
have read, understood, and agreed to be bound by all these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN
YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly
incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal
Terms from time to time. We will alert you about any changes by updating the “Last updated” date of these Legal Terms, and you
waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal
Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted the
changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
The Services are intended for users who are 18 years old and older. Persons under the age of 18 are not permitted to use or
register for the Services. All users who are minors in the jurisdiction in which they reside must have permission of, and be
directly supervised by, their parents or guardian to use the Services. If you are a minor, you must have your parent or guardian
read and agree to these Legal Terms prior to you using the Services.
We recommend that you print a copy of these Legal Terms for your records.
OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any
jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any
registration requirement within such a jurisdiction or country. Accordingly, those persons who choose to access the Services from
other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent
local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act
(HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions are subjected to such laws, you may
not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the
“Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).
Our Content and Marks are protected by copyright laws (and various other intellectual property rights and unfair competition laws)
and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services “AS IS” for your [personal, non-commercial use / internal business
purpose] only.
YOUR USE OF OUR SERVICES
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a
non-exclusive, non-transferable, revocable license to access the Services; and download or print a copy of any portion of the
Content to which you have properly gained access, solely for your [personal, non-commercial use / internal business purpose].
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied,
reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold,
licensed, or otherwise exploited for any purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal
Terms, please address your request to: [Admin@Skoukor.com]. If we ever grant you permission to post, reproduce, or publicly
display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks
and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these Intellectual
Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
YOUR SUBMISSIONS AND CONTRIBUTIONS
Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using our Services to understand the rights
you give us and the obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any comment, suggestion, idea, feedback, or other information ("Submissions"), you agree to
assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to
its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to
you.
Contributions: The Services may invite you to contribute to, or participate in message boards, which you may create, submit,
post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but
not limited to text, writings, photographs, graphics, comments, reviews, rating suggestions, personal information, or other
material (“Contributions”). Any Submission that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites. When
you post Contributions, you grant us a license (including use of your name, trademarks, and logos): By posting any Contributions,
you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide
right, and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly display,
reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image and
name) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works,
your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media
format and through any media channels.
This license includes the use of your name, company name, and franchise name, as applicable, and any of the trademarks, service
marks, trade names, logos, and personal and commercial images you provide. You are responsible for what you post or upload: By
sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through
the Services by linking your account through the Services to any of your social networking accounts, you: confirm that you have
read and agree with our “PROHIBITED ACTIVITIES” and will not post, send, publish, upload, or transmit through the Services any
Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive,
discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading; to the extent
permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution; warrant that any such
Submissions and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions
and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions
and/or Contributions; and warrant and represent that your Submissions and/or Contributions do not constitute confidential
information.
You are solely responsible for your Submissions and/or Contributions, and you expressly agree to reimburse us for all losses that
we may suffer because of your breach of this section, any third party’s intellectual property rights, or applicable law.
We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to
remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful
or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and
report you to the authorities.
COPYRIGHT INFRINGEMENT
We respect the intellectual property rights of others. If you believe that any material available on or through the Services
infringes upon any copyright you own or control, please immediately refer to the “DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE
AND POLICY” section below.
USER REPRESENTATIONS
By using the Services, you represent and warrant that: all registration information you submit will be true, accurate, current,
and complete; you will maintain the accuracy of such information and promptly update such registration information as necessary;
you have the legal capacity and you agree to comply with these Legal Terms; you are not under the age of 13; you are not a minor
in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; you will not
access the Services through automated or non-human means, whether through a bot, script, or otherwise; you will not use the
Services for any illegal or unauthorized purpose; and your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate
your account and refuse all current or future use of the Services (or any portion thereof).
USER REGISTRATION
You will be required to register to use the Services. You agree to keep your password confidential and will be responsible for
all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine,
in our sole discretion, that such a username is inappropriate, obscene, or otherwise objectionable.
PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services
may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to: Systematically retrieve data or other content from the Services to create or
compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. Make any
unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for
the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses. Circumvent,
disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the
use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein. Engage in
unauthorized framing of or linking to the Services. Trick, defraud, or mislead us and other users, especially in any attempt to
learn sensitive account information such as user passwords. Make improper use of our support services or submit false reports of
abuse or misconduct. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any
data mining, robots, or similar data gathering and extraction tools. Interfere with, disrupt, or create an undue burden on the
Services or the networks or services connected to the Services. Attempt to impersonate another user or person or use the username
of another user. Use any information obtained from the Services to harass, abuse, or harm another person. Use the Services as
part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or
commercial enterprise. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the
software comprising or in any way making up a part of the Services. Attempt to bypass any measures of the Services designed to
prevent or restrict access to the Services, or any portion of the Services. Harass, annoy, intimidate, or threaten any of our
employees or agents engaged in providing any portion of the Services to you. Delete the copyright or other proprietary rights
notice from any Content. Copy or adapt the Services’ software, including but not limited to PHP, HTML, JavaScript, or other
source code. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including
excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s
uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features,
functions, operation, or maintenance of the Services. Upload or transmit (or attempt to upload or to transmit) any material
that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics
interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or
“passive collection mechanisms” or “pcms”). Except as may be the result of standard search engine or Internet browser usage, use,
launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or
offline reader that accesses the Services, or using or launching any unauthorized script or other software. Disparage, tarnish,
or otherwise harm, in our opinion, us and/or the Services. Use the Services in a manner inconsistent with any applicable laws or
regulations.
USER GENERATED CONTRIBUTIONS
The Services may invite you to contribute to, or participate in message boards, and may provide you with the opportunity to
create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or on the Services,
including but not limited to text, writings, photographs, graphics, comments, suggestions, or personal information or other
material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party
websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.
When you create or make available any Contributions, you thereby represent and warrant that: The creation, distribution,
transmission, or public display, and the accessing, downloading, or copying of your Contributions do not and will not infringe
the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any
third party. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use
and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the
Services and these Legal Terms. You have the written consent, release, and/or permission of every identifiable individual person
in your Contributions to use the name or likeness of every such identifiable individual person to enable inclusion and use of
your Contributions in any manner contemplated by the Services and these Legal Terms. Your Contributions are not false, inaccurate,
or misleading. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain
letters, spam, mass mailings, or other forms of solicitation. Your Contributions are not obscene, lewd, lascivious, filthy,
violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us). Your Contributions do not ridicule,
mock, disparage, intimidate, or abuse anyone. Your Contributions do not advocate the violent overthrow of any government or
incite, encourage, or threaten physical harm against another. Your Contributions do not violate any applicable law, regulation,
or rule. Your Contributions do not violate the privacy or publicity rights of any third party. Your Contributions do not violate
any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors. Your
Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or
physical handicap. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal
Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things,
termination or suspension of your rights to use the Services.
CONTRIBUTION LICENSE
By posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your
account from the Services to any of your social networking accounts, you automatically grant, and you represent and warrant that
you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free,
fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle,
archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and
distribute such Contributions (including, without limitation, your image) for any purpose, commercial, advertising, or otherwise,
and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of
the foregoing. The use and distribution may occur in any media format and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name,
company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and
commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not
otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual
property rights, or other proprietary rights associated with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on the Services. You are solely responsible for your
Contributions to the Services, and you expressly agree to exonerate us from all responsibility and to refrain from any legal
action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, to edit, redact, or otherwise change any Contributions; to re-categorize
any Contributions to place them in more appropriate locations on the Services; and to pre-screen or delete any Contributions at
any time and for any reason, without notice. We have no obligation to monitor your Contributions.
GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following
criteria: you should have firsthand experience with the person/entity being reviewed; your reviews should not contain offensive
profanity, or abusive, racist, offensive, or hateful language; your reviews should not contain discriminatory references based on
religion, race, gender, national origin, age, marital status, sexual orientation, or disability; your reviews should not contain
references to illegal activity; you should not be affiliated with competitors if posting negative reviews; you should not make
any conclusions as to the legality of conduct; you may not post any false or misleading statements; and you may not organize a
campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete
reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily
represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any
claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive,
worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by
any means, display, perform, and/or distribute all content relating to reviews.
THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site [or App],) links to other websites ("Third-Party Websites") as well as
articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other
content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party
Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not
responsible for any Third- Party Websites accessed through the Services or any Third-Party Content posted on, available through,
or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or
other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting
the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by
us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do
so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and
policies, including privacy and data gathering practices, of any website to which you navigate from our Services or relate to any
applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other
websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively
between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on
Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services.
Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any
way from any Third-Party Content or any contact with Third-Party Websites.
ADVERTISERS
When we allow advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar
advertisements or banner advertisements. We simply provide the space to place such advertisements, and we have no other
relationship with advertisers.
SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: monitor the Services for violations of these Legal Terms; take appropriate
legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation,
reporting such user to law enforcement authorities; in our sole discretion and without limitation, refuse, restrict access to,
limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files
and content that are excessive in size or are in any way burdensome to our systems; and otherwise manage the Services in a manner
designed to protect our rights and property and to facilitate the proper functioning of the Services.
PRIVACY POLICY
We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy, which is
incorporated into these Legal Terms. Please be advised the Services are hosted in the U.S. If you access the Services from
any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that
differ from applicable laws in the U.S., then through your continued use of the Services, you are transferring your data to
the U.S., and you expressly consent to have your data transferred to and processed in the U.S. [Further, we do not knowingly
accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S.
Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal
information to us without the requisite and verifiable parental consent, we will delete that information from the Services as
quickly as is reasonably practical.]
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
We respect the intellectual property rights of others. If you believe that any material available on or through the Services
infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact
information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the
material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you
make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the
Services infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: A physical
or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are
covered by the Notification, a representative list of such works on the Services; identification of the material that is claimed
to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit us to locate the material; information reasonably sufficient to permit us to contact
the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party
may be contacted; a statement that the complaining party has a good faith belief that use of the material in the manner complained
of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is
accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed upon.
If you believe your own copyrighted material has been removed from the Services because of a mistake or misidentification, you
may submit a written counter notification to our Designated Copyright Agent using the contact information provided below (a
“Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include
substantially the following: identification of the material that has been removed or disabled and the location at which the
material appeared before it was removed or disabled; a statement that you consent to the jurisdiction of the Federal District
Court in which your address is located, or if your address is outside the United States, for any judicial district in which we
are located; a statement that you will accept service of process from the party that filed the Notification or the party's agent;
(4) your name, address, and telephone number; a statement under penalty of perjury that you have a good faith belief that the
material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or
disabled; and your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or
disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed
a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you
materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for
damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.
DESIGNATED COPYRIGHT AGENT
Attn: Copyright Agent
Email: Admin@Skoukor.com
TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE
LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE
SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION
FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION.
WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED
AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your
name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In
addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without
limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole
discretion without notice. However, we have no obligation to update any information on our Services. [We also reserve the right
to modify or discontinue all or part of the Services without notice at any time.] We will not be liable to you or any third party
for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will always be available. We may experience hardware, software, or other problems or need to
perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without giving notice to
you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or
use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to
obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of Washington State
applicable to agreements made and to be entirely performed within Washinton State, without regard to its conflict of law
principles.
DISPUTE RESOLUTION
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute"
and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the
Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least
90 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly
excluded below) will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION,
YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the
Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary
Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration
Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer
Rules and, where appropriate, limited by the AAA Consumer Rules. [If such costs are determined by the arbitrator to be excessive,
we will pay all arbitration fees and expenses.] The arbitration may be conducted in person, through the submission of documents,
by phone, or online. The arbitrator will decide in writing but need not provide a statement of reasons unless requested by either
Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where
otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Walla Walla County,
Washington State. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings
pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state
and federal courts located in Walla Walla County, Washington State, and the Parties hereby consent to, and waive all defenses of
lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer
Information Transaction Act (UCITA) is excluded from these Legal Terms.
In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than 2 years after the
cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any
Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by
a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent
permitted by law, no arbitration shall be joined with any other proceeding; there is no right or authority for any Dispute to be
arbitrated on a class-action basis or to utilize class action procedures; and there is no right or authority for any Dispute to
be brought in a purported representative capacity on behalf of the general public or any other persons.
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and
binding arbitration: any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property
rights of a Party; any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized
use; and any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will
elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such
Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties
agree to submit to the personal jurisdiction of that court.
CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions,
pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and
to change or update the information on the Services at any time, without prior notice.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR
USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE
CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE
SERVICES, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY,
AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE
OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR
ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED
WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN
ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH
THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE
CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER
DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION
WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE 12 MONTH PERIOD PRIOR TO ANY CAUSE
OF ACTION ARISING OR $1.00. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY
NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers,
agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’
fees and expenses, made by any third party due to or arising out of: your Contributions; use of the Services; breach of these
Legal Terms; any breach of your representations and warranties set forth in these Legal Terms; your violation of the rights of a
third party, including but not limited to intellectual property rights; or any overt harmful act toward any other user of the
Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to
assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate,
at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or
proceeding which is subject to this indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as
well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely
responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that
we shall have no liability for any loss or corruption of any such data, and you hereby waive any right of action against us
arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to
receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide
to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU
HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES,
POLICIES, AND RECORDS OF TRANSACTIONS BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of
non-electronic records, or payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of
Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento,
California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the
entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal
Terms shall not operate as a waiver of such right or provision. These Legal Terms fully operate as permissible by law. We may
assign any or all our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage,
delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these
Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable
from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint
venture, partnership, employment, or agency relationship created between you and us because of these Legal Terms or use of the
Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive
all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to
execute these Legal Terms.
CONTACT US
To resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us
at: Admin@Skoukor.com