SkyLockr TERMS OF USE

Last Updated, April 12, 2024

These Terms of Use (“Terms”) apply to your access to and use of the websites, mobile applications, and other online products and services (collectively, the “Services”) provided by SkyLockr Media Group, Inc. (“SkyLockr” or “we”). By downloading, installing, accessing, posting to, interacting with, or using our Services, you agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 16, the Privacy Policy, and the Community Guidelines. If you do not agree to these Terms, the Privacy Policy, or the Community Guidelines, do not download, install, access, post to, interact with, or use our Services.


We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes by updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.


If you have any questions about these Terms or our Services, please contact us at support@skylockr.com.


1. Privacy

For information about how we collect, use, share, and otherwise process information about you, please see our Privacy Policy.


2.Eligibility

You must be at least 18 years of age (or the age of legal majority where you live) to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may not use our Services. If you use our Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or that person or entity violates these Terms, that person or entity agrees to be responsible to us.


3.User Accounts and Account Security

You may need to register an account to access some of our Services. If you register an account, you must provide accurate account information and promptly update that information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. As part of our security procedures, you must treat your account credentials as confidential, and you must not disclose your account credentials to any other person or entity. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claims, including trademark rights, in those usernames.


You shall not buy, sell, or transfer any aspect of your account (including your username). You agree that your account is not transferable, by operation of law or otherwise, and that in the event of your death, incapacity, or unavailability, we may terminate any rights to your account or User Content.


You can deactivate your account by notifying and asking us to take measures to suspend the login and use of your account. In connection with such a request, we may require you to provide valid identifying information that is consistent with the registered identity information associated with your account. We have the right to refuse your request if such information is not provided.


We reserve the right to suspend, block, or terminate your account at any time, immediately and without notice, if we believe activities associated with your account violate these Terms, the Community Guidelines, or otherwise pose a danger to SkyLockr, the Services, other users, or any third party. Further, if your account has not been used for more than six (6) months, we reserve the right to suspend, close, retrieve, or replace your account, or delete or de-identify all records associated with your account.


If you choose to deactivate your account, or your account is terminated by us, you will not be able to retrieve any content or information associated with your account. As such, we recommend that you separately save copies of any User Content or other information associated with your account that you wish to retain.


4.User Content

Our Services may allow you and other users to create, transmit, post, store, and share content, including messages, text, photos, videos, audio (including musical works and non-musical works), and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and SkyLockr.


You grant SkyLockr and its subsidiaries, affiliates, and service providers a perpetual, nonexclusive, royalty-free, worldwide, fully paid, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display your User Content and any name, username, or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others and may be subject to automated scanning to customize user experiences, including targeted advertising.


You may not create, post, store, or share any User Content that violates these Terms, the Community Guidelines, or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such Content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit, or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.


Notwithstanding the foregoing, we cannot and do not control what people and others do or say, or the content they transmit or post, and do not undertake to review all User Content as it is transmitted or before it is posted on SkyLockr. Moreover, we cannot ensure the prompt removal of objectionable material as it is transmitted or after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, even if you access them through the Services.


5. Prohibited Conduct and Content

You may not violate the Community Guidelines, any applicable law, contract, intellectual property right, or other third-party right, nor commit any tortious acts, and you are solely responsible for your conduct while using our Services. In particular, you will not: 

  • Engage in any harassing, threatening, intimidating, predatory, or stalking conduct; 
  • Use or attempt to use another user’s account without authorization from that user and SkyLockr; 
  • Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity; 
  • Sell, resell, or commercially use our Services; 
  • Copy, reproduce, distribute, publicly perform, or publicly display all or portions of our Services, except as expressly permitted by us or our licensors; 
  • Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
  • Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden, or impair the functioning of our Services in any manner; 
  • Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services; 
  • Use any data mining, robots, or similar data-gathering or extraction methods designed to scrape or extract data from our Services; 
  • Develop or use any applications that interact with our Services without our prior written consent; 
  • Send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes; 
  • Bypass or ignore instructions contained in our robots.txt file; or 
  • Use our Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms and/or the Community Guidelines. 

You also may not post or otherwise share User Content that is confidential and/or that you do not have all necessary rights to disclose. You may not create, post, store, or share any User Content that:

  • Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent, content that incites violence; 
  • Would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national, or international law; 
  • May infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party; 
  • Contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences; 
  • Impersonates or misrepresents your affiliation with any person or entity; 
  • Contains any unsolicited promotions, political campaigning, advertising, or solicitations; 
  • Contains any private or personal information of a third party without such third party’s consent; 
  • Contains any viruses, corrupted data, or other harmful, disruptive, or destructive files or content; or 
  • In our sole judgment, is objectionable, restricts, or inhibits any other person from using or enjoying our Services, or may expose SkyLockr or others to any harm or liability of any type. 


6.Ownership; Limited License

The Services, including the text, graphics, images, photographs, videos, illustrations, software, functionality, and other content contained therein, are owned by SkyLockr or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein, and will violate our intellectual property rights.


7. Trademarks

SkyLockr and our logos, our product or service names, our slogans and the look and feel of the Services are trademarks of SkyLockr and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All third-party trademarks, registered trademarks, product names, company names, or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.


8. Feedback

You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about SkyLockr or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in SkyLockr’s sole discretion. You understand that SkyLockr may treat Feedback as nonconfidential.


9. Repeat Infringer Policy; Copyright Complaints

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify SkyLockr’s DMCA Notice Department as follows:


Edison 

SkyLockr Holdings, Inc.

244 5th Avenue, Suite 2188 

New York, New York. 10001

United States

Phone: +1 (833) 759 5625

Email: support@skylockr.com


Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable for certain costs and damages.


10.Third-Party Content

We may provide information about third-party products, services, activities, or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. SkyLockr does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.


11.Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless SkyLockr, our parent companies, subsidiaries, licensors, service providers, and our and their affiliates, and each of our respective officers, directors, agents, partners, and employees (individually and collectively, the “SkyLockr Parties”) from and against any losses, liabilities, claims, demands, damages, expenses, or costs (“Claims”) arising out of or related to: (a) your access to or use of the Services; (b) your User Content or Feedback; (c) your violation of these Terms or the Community Guidelines; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You agree to promptly notify SkyLockr Parties of any third-party Claims, cooperate with SkyLockr Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the SkyLockr Parties will have control of the defense or settlement, at SkyLockr's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and SkyLockr or the other SkyLockr Parties.


12.Disclaimers

Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, SkyLockr does not represent or warrant that our Services are accurate, complete, reliable, current, or error-free. While SkyLockr attempts to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.


13.Limitation of Liability

To the fullest extent permitted by applicable law, SkyLockr and the other SkyLockr Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive, or special damages, or lost profits, even if SkyLockr or the other SkyLockr Parties have been advised of the possibility of such damages. Without limiting the foregoing, and to the fullest extent permitted by applicable law, SkyLockr will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer, mobile device, equipment, computer programs, data, or other proprietary material due to your use of SkyLockr or the Services, or items obtained through SkyLockr or the Services, or due to your downloading of any material posted on SkyLockr or any website or application linked to it.


The total liability of SkyLockr and the other SkyLockr Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of $100.00 or the amount paid by you to use our Services.


The limitations set forth in this Section 13 will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of SkyLockr or the other SkyLockr Parties, or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.


14.Release

To the fullest extent permitted by applicable law, you release SkyLockr and the other SkyLockr Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”


15.Transfer and Processing Data

In order for us to provide our Services, you agree that we may process, transfer, and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.


16.Dispute Resolution; Binding Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with SkyLockr and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.


No Representative Actions. You and SkyLockr agree that any dispute arising out of or related to these Terms or our Services is personal to you and SkyLockr and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.


Arbitration of Disputes. Except for small claims disputes in which you or SkyLockr seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or SkyLockr seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and SkyLockr waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any dispute or claim that you have against SkyLockr or relating in any way to the Services, you agree to first contact SkyLockr and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to SkyLockr by email at

support@skylockr.com The Notice must: (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and SkyLockr cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Morris County, New Jersey or may be conducted telephonically or via video conference for disputes alleging damages less than $5,000, unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). For purposes of this Section, you will be deemed a “consumer” if you use the Services for your personal, family, or household purposes. The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.


You and SkyLockr agree that these Terms affect interstate commerce and that the enforceability of this Section 16 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.


The arbitrator, SkyLockr, and you will maintain the confidentiality of any arbitration proceedings, judgments, and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the dispute. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.


You and SkyLockr agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and SkyLockr will pay the remaining JAMS fees and costs. For any arbitration initiated by SkyLockr, SkyLockr will pay all JAMS fees and costs. You and SkyLockr agree that the state or federal courts of the State of New Jersey and the United States sitting in Morris County, New Jersey have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.


Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and SkyLockr will not have the right to assert the claim.


You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 16 by emailing

support@skylockr.com . In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 17.


If any portion of this Section 16 is found to be unenforceable or unlawful for any reason: (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 16 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 16; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 16 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 16 will be enforceable.


17.Governing Law and Venue

Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of New Jersey, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of New Jersey or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of New Jersey and the United States, respectively, sitting in Morris County, New Jersey.


18.Modifying and Terminating our Services

We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.


19.Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.


20.Miscellaneous

The failure of SkyLockr to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.








TERMS OF USE

Last updated: July 1 2021

  1. Introduction; Your Agreement to these Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY. THIS IS A BINDING CONTRACT.

Welcome to the SkyLockr App, which is operated by SkyLockr Holdings, Inc.. (with its affiliates, “SkyLockr”) consisting of the video-sharing and live streaming website available at https://SkyLockr.com/, https://SkyLockr.net/, https://SkyLockr.tv/, https://SkyLockr.zil/, https://SkyLockr.crypto/, https://SkyIvy.TV/ , https://SkyIvy.coin/, https://SkyIvy.nft/ and its network of websites, software applications, or any other products or services offered by SkyLockr (“SkyLockr Services”). Other services offered by SkyLockr may be subject to separate terms.

By creating a SkyLockr account or using SkyLockr Services, you accept and agree to be bound and abide by these terms of use and our privacy policy incorporated herein by reference. If you do not want to agree to these terms of use or the privacy policy, you must not access or use SkyLockr Services.

You shall be deemed to have agreed to all of the various terms in these terms of use due to your access to or continuing use of SkyLockr Services. If you do not understand all of these terms of use, you should seek out any & all legal opinions before agreeing to any of the terms of use.

You understand and acknowledge that when using SkyLockr Services, you will be exposed to content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content.

You further understand and acknowledge that you may be exposed to content that is inaccurate, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SkyLockr, SkyLockr Services, its successors and or assigns as their interests may appear with respect thereto, and agree to indemnify and hold the SkyLockr Services, their site operator, their parent corporation, their respective affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns, harmless to the fullest extent allowed by law regarding all matters related to your use of SkyLockr Services.

  1. Ability to Accept Terms of Use

YOU AFFIRM THAT YOU ARE AT LEAST 16 YEARS OF AGE, EXCEPT IN CONDITIONS THAT YOU USE OUR LIVE STREAMING SERVICE, AND ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS, AND WARRANTIES SET FORTH IN THESE TERMS OF USE, AND TO ABIDE BY AND COMPLY WITH THESE TERMS OF USE. IF YOU ARE UNDER 16, YOU MAY ONLY USE SkyLockr SERVICES UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN WHO AGREES TO BE BOUND BY THESE TERMS OF USE.

YOU MAY ONLY USE OUR LIVE STREAMING SERVICE IF YOU ARE 18 YEARS OR OLDER, AND IF YOU ARE NOT SUBJECT TO STATUTORY AGE LIMIT TO ENTER INTO THIS AGREEMENT ACCORDING TO THE APPLICABLE LAWS AND REGULATIONS IN YOUR COUNTRY.

  1. Paid Services

Some of SkyLockr Services provided by us require payment ("Paid Services"), such as the digital contents used for exercising privileges. When you use such Paid Services, you will be required to pay the relevant charges to us. We will notify you in advance in the event any SkyLockr Services that will or may be used by you in accordance with these terms of use will be a Paid Service. Access to a Paid Services is conditional upon you confirming your agreement to, and payment of, the relevant charges for such Paid Services. For avoidance of doubt, we shall be under no obligation to provide any Paid Services to you if you do not pay the charges for the same.

Paid Services can be purchased by credit cards, and when available, by debit cards, and are processed through our third-party Internet payment service providers. By purchasing any Paid Services through SkyLockr Services, you hereby consent and agree to abide by such third-party Internet payment service providers’ customer terms and conditions, and privacy policies, and understand that we have no control whatsoever on such customer terms and conditions, and privacy policies. We will not be liable for any errors attributed by such third-party Internet payment service providers. IF YOU CANNOT AGREE to such third-party Internet payment service providers’ customer terms and conditions or privacy policies, DO NOT PURCHASE ANY SERVICE. Purchases are payable in advance. We offer different packages you can choose from. We reserve the right to change service prices at any time, at our sole discretion and without liability to you. Any purchased Paid Service will not be available in your account in the event that your account is deleted by you or otherwise terminated in accordance with these terms of use.

PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USE. We reserve the right (but not the obligation), at our sole discretion, to refund the purchase amount if there is a technical error to the purchased service.

  1. User Generated Content

We encourage users to upload and distribute pictures and streaming live and pre-recorded audio-visual works, to use SkyLockr Services, such as pictures or videos integration, chat, bulletin boards, voice interactive services, and to participate in other activities in which you may create, post, transmit, perform, or store content, messages, text, sound, images, applications, code or other data or materials on SkyLockr Services (“User Generated Content/UGC”).

Unless otherwise agreed to in a written agreement between you and SkyLockr that was signed by an authorized representative of SkyLockr, by broadcasting, publishing, posting, displaying, submitting and/or uploading any of its UGC in connection with SkyLockr Services, you grant to SkyLockr and its sub-licensees the permission, free, permanent, irrevocable, non-exclusive and fully sub-licensable rights and license, without any territorial or time limitations and without requiring any approvals and/or compensations, to use, copy, modify, adapt, publish, translate, edit, dispose, create derivative works of, distribute, perform and publicly display such UGC (in whole or in part), and/or incorporate such UGC into existing or future forms of work, media or technology.

With respect to pictures and streaming live and pre-recorded audio-visual works, the rights granted by you terminate once you delete such UGC from SkyLockr Services, or generally by deregistering your account, except (a) we used it for promotional purposes; and (b) for the reasonable time it takes to remove from backup and other systems.

You shall be solely responsible for your UGC and the consequences of streaming, posting, uploading, publishing, transmitting or otherwise making available your UGC on SkyLockr Services. You understand and acknowledge that you are responsible for any UGC you submit or contribute, and you, not us, have full responsibility for such UGC, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any UGC made available by you or any other user of SkyLockr Services. We do not control UGC you provide or contribute and we do not make any guarantee whatsoever related to UGC submitted or contributed by users. Although we sometimes review UGC provided or contributed by users, we are not obligated to do so. Under no circumstances will we be liable or responsible in any way for any claim related to UGC provided or contributed by users.

You further agree that UGC you provide to SkyLockr Services will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to provide the material and to grant to SkyLockr Services all of the license rights granted herein.

SkyLockr Services do not endorse any UGC on it by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and SkyLockr Services expressly disclaims any and all liability in connection with UGC.

  1. Idea Submission

By submitting ideas, suggestions, documents, and/or proposals (“Submissions”) to SkyLockr or SkyLockr Services or its employees, you acknowledge and agree that SkyLockr or SkyLockr Services shall be entitled to use or disclose such Submissions for any purpose in any way without providing compensation or credit to you.

  1. SkyLockr Account and Security

If you interact with us or with third-party service providers, and you provide information, including account or payment information, you agree that all information that you provide will be accurate, complete, and current. You will review all policies and agreements applicable to use of third-party services. If you use SkyLockr Services over mobile devices, you understand and acknowledge that your carrier’s normal rates and fees, such as excess broadband fees will still apply.

In order to open an account, you will be asked to provide us with certain information such as a mobile number and password.

You are solely responsible for maintaining the confidentiality of your account and password, for restricting access to your mobile phone, and for all activities that occur under your account or password. You acknowledge that your account is personal to you and agree not to provide any other person with access to SkyLockr Services or portions of it using your user name, password or other security information. You should notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. Although SkyLockr Services will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of SkyLockr Services or others due to such unauthorized use.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these terms of use.

With respect to the SkyIvy, a kind of digital content to measure a user’s receiving of gifts over SkyLockr Services, though it may be cashed out to the bank account provided by you via a third party payment intermediary we may determine to have your SkyIvy balance on hold if you fail to log on to your SkyLockr account for 30 consecutive days, in which case you agree to waive all your rights and interests arising from or in relation to SkyIvy you have previously received.

SkyLockr Services may allow you to access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' websites (such as YouTube, Twitter, Instagram, etc.). You are cautioned to read such websites' terms and conditions and/or privacy policies before using the Sites. In particular, SkyLockr’s YouTube integration uses the YouTube API Services and that such use is subject to Google’s Privacy Policy (http://www.google.com/policies/privacy ). By using SkyLockr YouTube integration, you agree to be bound by the YouTube Terms of Service (https://www.youtube.com/t/terms ).

You acknowledge that SkyLockr has no control over such third parties' websites, does not monitor such websites, and shall not be responsible or liable to anyone for such websites, or any content, products or services made available on or through such websites.

SkyLockr Services may permit you to register for and log on to SkyLockr Services via certain third-party services (such as YouTube, Google, Twitter, Instagram, etc.). The third party’s collection, use and disclosure of your information will be subject to that third-party service’s privacy policy. You can manage and revoke SkyLockr YouTube integration’s access to your data via the Google security settings page at https://security.google.com/settings/security/permissions.

Further information about how we collect, use and disclose your personal information when you link your SkyLockr account with your account on any third-party service can be found in our Privacy Policy.

  1. Respecting Copyright

SkyLockr respects the intellectual property of others and follows the requirements set forth in the relevant applicable laws. If you are a copyright owner or agent thereof and believe that content posted on SkyLockr Services infringes upon your copyright, please submit a notice to us.

  1. Trademark and License

We, SkyLockr and our associated logos and names are our trademarks and/or service marks. Other trademarks, service marks, names and logos used on or through SkyLockr Services, such as trademarks, service marks, names or logos associated with third party content creators, are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos.

The websites and certain materials available on or through SkyLockr Services are content we own, created, authored, purchased, or licensed (collectively, our "Works"). Our Works may be protected by copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights in our Works and SkyLockr Services.

Unless otherwise expressly stated in writing by SkyLockr Services, by agreeing to these terms of use you are granted a limited, revocable, non-sublicensable, and non-exclusive license (i.e. a personal and limited right) to access and use the SkyLockr Services for your personal use or internal business use only. You are prohibited from copying, displaying, downloading, modifying, reproducing, adapting, translating, decompiling, reverse engineering, disassembling, attempting to derive source code from, or creating any derivative works of any Works, or directly or indirectly publishing, performing, rewriting or republishing any Works without prior written consent from us.

The above described license is conditioned on your compliance with these terms of use. If you breach any provision of these terms of use, any license you have obtained will be automatically rescinded and terminated. In order to protect our rights some content made available on SkyLockr Services may be controlled by digital rights management technologies, which will restrict how you may use SkyLockr Services. You must not circumvent, remove, delete, disable, alter or otherwise interfere with any digital rights management technology.

  1. Prohibited Conduct

You agree that you will only use SkyLockr Services for the lawful purposes expressly permitted and contemplated by these terms of use. You acknowledge and understand that you are prohibited from modifying SkyLockr Services or eliminating any of the content of SkyLockr Services. You agree that you will not use or attempt to use any method, device, software or technologies to harm others or interfere with the functioning of SkyLockr Services or use and/or monitor any information in or related to SkyLockr Services for any unauthorized purpose.

  1. Content Review, Action and Termination

We have the right to:

  • remove any UGC you provide or contribute to SkyLockr Services for any or no reason in our sole discretion;
  • take any action with respect to any UGC provided by you that we deem necessary or appropriate in our sole discretion, including if we believe that such UGC violates these terms of use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of SkyLockr Services or of the public or could create liability for us;
  • take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of SkyLockr Services;
  • terminate or suspend your access to all or part of SkyLockr Services for any or no reason, including without limitation, any violation of these terms of use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone providing any UGC on or through SkyLockr Services.

To maintain our services in a manner we deem appropriate and to the maximum extent permitted by applicable laws, SkyLockr Services may, but will not have any obligation to, review, monitor, display, reject, refuse to post, store, maintain, accept or remove any UGC posted by you, and we may, in our sole discretion, delete, move, re-format, remove or refuse to post or otherwise make use of UGC without notice or any liability to you or any third party in connection with our operation of SkyLockr Services in an appropriate manner. Without limitation, we may do so to address UGC that comes to our attention that we believe is offensive, obscene, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these terms of use or any applicable additional terms.

However, we do not undertake to review UGC before it is posted on SkyLockr Services, and cannot ensure prompt removal of objectionable UGC after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or UGC provided by any user or third party.

  1. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless SkyLockr Services, their site operator, their parent corporation, their respective affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns from and against any and all claims, damages, judgments, awards, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

  1. your use of and access to SkyLockr Services;
  2. your violation of any term of these terms of use;
  3. your violation of any third party right, including without limitation any copyright, property, or privacy right; or
  4. any claim that your UGC caused damage to a third party.

This defense and indemnification obligation will survive these terms of use and your use of SkyLockr Services. You agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.

  1. Disclaimers

You use SkyLockr Services at your sole risk. We provide SkyLockr Services "as is" and "as available". To the fullest extent permitted by law, SkyLockr Services, their site operator and their respective officers, directors, employees, and agents expressly disclaim all warranties of any kind related to SkyLockr Services and goods or services purchased and obtained through SkyLockr Services, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You will be solely responsible for any damage to your computer system or loss of data that results from your use of SkyLockr Services.

We make no warranty or representation about the accuracy or completeness of SkyLockr Services’ content or the content of any sites linked to SkyLockr Services or that SkyLockr Services will meet your requirements and assume no liability or responsibility for any

  1. errors, mistakes, or inaccuracies of content;
  2. personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the websites or our services;
  3. any unauthorized access to or use of our servers and/or any and all personal information stored therein;
  4. any bugs, viruses, trojan horses, or the like which may be transmitted to or through SkyLockr Services or our services by any third party;
  5. any errors or omissions in any UGC or for any loss or damage of any kind incurred as a result of the use of any UGC posted, emailed, transmitted, or otherwise made available via SkyLockr Services or our services; and
  6. disputes between you and another user of SkyLockr Services.
  7. Limitation of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SkyLockr’S CUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE CHARGES (IF ANY) PAID BY YOU. IF NO AMOUNTS WERE PAID, YOU SHALL NOT BE ENTITLED TO ANY MONETARY OR EQUIVALENT REMEDY.

IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFIT, LOSS OF GOODWILL, SERVICE INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER ECONOMIC LOSS) IN ASSOCIATION WITH ANY INDIVIDUAL OR CLASS-ACTION CLAIM, OR ANY LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING RELATING TO OR ARISING UNDER OR OUT OF THE TERMS OF USE, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS FOUNDED UPON CONTRACT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT, NEGLIGENCE OR OTHER GROUNDS.

YOU SPECIFICALLY ACKNOWLEDGE THAT SkyLockr SERVICES SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.

  1. Choice of Law and Disputes Resolution

These terms of use shall be governed by and construed in accordance with the laws of the United States and State of New Jersey specifically to be heard in the Morris County courts, without regard to choice of law principles. Should a dispute arise between the parties in connection with these terms of use, the parties shall attempt to resolve such dispute through friendly consultations between themselves. If, however, the dispute cannot be resolved within thirty (30) days after commencement of such friendly consultations, then the parties agree irrevocably that such dispute shall be submitted to the exclusive jurisdiction of competent court of the United States, State of New Jersey and Morris County therein.

  1. Modification

SkyLockr may amend any of the terms of these terms of use by posting the terms. We will also update the “Last Updated” date at the top of these terms of use, which reflects the effective date of such terms of use. Your continued access to or use of SkyLockr Services after the date of the updated term of use constitutes your acceptance of the updated terms of use. If you do not agree to the updated terms of use, you must stop accessing or using SkyLockr Services.

  1. Miscellaneous

If we fail to exercise or enforce any right or provision of these terms of use, it will not constitute a waiver of such right or provision. Any waiver of any provision of these terms of use will be effective only if in writing and signed by the relevant party.

If any provision of these terms of use is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these terms of use to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

These terms of use and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SkyLockr without restriction. Any assignment attempted to be made in violation of this terms of use shall be void.

Upon termination of these terms of use, any provision which, by its nature or express terms should survive, will survive such termination or expiration.

The terms of use, our privacy policy and any documents that expressly incorporate by reference constitute the sole and entire agreement between you and us with respect to SkyLockr Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to SkyLockr Services.

The headings in these terms of use are for convenience only and have no legal or contractual effect. These terms of use may be provided in different languages, if any inconsistency exists between different language versions, the English version shall prevail.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these terms of use.

We may terminate these terms of use for any or no reason at any time by notifying you through a notice on SkyLockr Services, by email, or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, claims, or defenses hereunder. Upon termination of the terms of use, you will no longer have a right to access your account or your UGC. We will not have any obligation to assist you in migrating your data or your UGC and we may not keep any back up of any of your UGC. We will not be responsible for deleting your UGC. Note that, even if your UGC is deleted from our active servers, it may remain in our archives (but we have no obligation to archive or back up your UGC), and subject to the licenses set forth in these terms of use.

The SkyLockr Services are operated by 

Ad9x Holdings, LLC

244 5th Ave Suite 2188

New York, New York 10001.

PH: +01 759.833.5625

PH: +01 833.Sky-Lockr

support@skylockr.com 

If you have any feedback, comments, requests for technical support relating to the SkyLockr Services, please send to support@skylockr.com .



Mark Complete