Terms of Service License Agreement (TSLA)
The following are the terms and conditions for use of Skymol Communicator Live Video Chat software (Service). Please read them carefully. This Service is provided to individuals who are at least 18 years old or minors who have parental permission to open and maintain an account. BY CLICKING THE "SUBMIT" BUTTON AND COMPLETING THE REGISTRATION PROCESS OR REGISTERED DIRECTLY BY SKYMOL BT. (SKYMOL CORP.), YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE TERMS OF SERVICE LICENSE AGREEMENT (TSLA). The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
1. MEMBER ACCOUNT, PASSWORD, AND SECURITY
To register for the Service, you must complete the registration process by providing us with current, complete and accurate information as prompted by Free Trial Sign Up, or by Order Form, including contact information and website URL. To be registered directly by Skymol Corp., futher information may be needed. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Skymol immediately of any unauthorized use of your account or any other breach of security.
2. NON-EXCLUSIVE LICENSE
Skymol Corp. (Developer and Owner) hereby grants you a non-exclusive license to use this Service for use in a single business entity. You may not: (1) modify, translate, or create derivative works based on the Service, or permit other individuals to so; (2) rent, lease, transfer or otherwise transfer rights to the Service; (3) use a single account for multiple business entities.
3. FEES AND SERVICES
Our Fees Policies are available at Skymol Pricing are incorporated by reference. We may change our Fees and Credits Policy and the fees for our Service from time to time. Our changes to the policy are effective after we provide you with at least fifteen (15) days notice of the changes by posting the changes on our website. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and our website.
We reserve the right to deactivate accounts or viewer access to statistics and other data for failure to pay or refused credit cards. Any outstanding balance becomes immediately due and payable upon termination of this Agreement for any reason and any collection expenses (including attorneys' fees) incurred by Skymol Corp. will be included in the amount owed. If you provide us with a credit card that expires during the term of this Agreement, we reserve the right to charge any renewal card issued to you as a replacement.
4. MEMBER PRIVACY
Skymol is firmly committed to the privacy of its customers and visitors to its websites. Skymol will not monitor, edit, or disclose any personal information about you or your use of the Skymol Communicator unless Skymol has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Skymol; or (3) enforce the Terms of Service License Agreement (TSLA). Skymol may provide statistical analysis in aggregate form to third parties for research purposes, however, Skymol is not entitled to disclose statistics of a single web site.
5. PRIVACY POLICY FOR CUSTOMERS USING SKYMOL COMMUNICATOR LIVE VIDEO CHAT
Set out below is Skymol's Privacy Policies for Customers Using Skymol Communicator Live Video Chat to use Skymol's one or more Services on their websites. Skymol may from time to time change this policy in its sole discretion. You understand and agree that such changed policies are enforceable promptly after receipt of changed policies from Skymol.
Privacy Principles
Because your privacy is important to us, Skymol conducts its businesses under the following principles:
Principle 1 - Your Information is Confidential
All the information we compile so that you are able to use the Service on your websites is considered confidential. Details and statistics of the usage of the Service by you, your clients and visitors are protected by IDs (usernames) and passwords; do not disclose these to unauthorized persons. To ensure this privacy, our Data Center is protected by industry standard security technology, such as firewalls and security analyzers using SSL (Secure Sockets Layer) encryption to protect transmission of certain data.
Principle 2 - Skymol has Limited Access to Your Information
Skymol will not modify, or otherwise divulge the information we compile during the usage of the Service by you, your clients and visitors except for the express purpose of generating reports which have been authorized by you or otherwise agreed to by you, or unless acting under a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Skymol; (3) enforce the Skymol Communicator Live Video Chat Terms of Service License Agreement; or (4) troubleshoot any service problems.
Principle 3 - Use of Cookies
Cookies are pieces of information that a website transfers to your computer's hard disk for record-keeping purposes. Cookies can make a website more useful by personalizing information for visitors and by storing information about your preferences on a particular site. The use of cookies is an industry standard, and many major web sites use them to provide useful features for their customers. It is Skymol policy to use cookies only for the following purposes:
o To identify you
o To customize our site for you
o To help improve our Service
Most browsers are initially set up to accept cookies. If you would prefer, you can set your browser to reject cookies. However, you will not be able to take advantage of our website if you do so. Your visitors can also reject cookies.
Principle 4 - Personal Information
Our site's registration form may require users who signed up for our service to give us contact information (such as their name, phone number and e-mail address), and financial information (such as their credit card numbers). Personal and financial information that is collected is used to check the user`s qualifications for registration and to bill the user for products and services. Skymol does not store such information linked to a cookie.
We may use this information to:
o Contact you when necessary
o Send you information about our company
o Send you promotional material from some of our Partners
Principle 5 - Security Information
Skymol has advanced security measures in place to prevent the loss, misuse or adulteration of data, such as the use of a reliable Firewall. Please contact us for any questions or concerns about security.
6. SITE INFORMATION
The general operation of the Skymol Live Video Chat Services site is as follows: Skymol Live Video Chat Services allow you to conduct different licensed operations and to generate codes for your web sites to be able to use the Services. No details about your website's content are stored within a cookie. To cancel your Skymol Live Video Chat Services, simply remove the generated codes from the pages you have set on.
7. INDEMNIFICATION
You agree to defend, at your expense, any action brought against Skymol Corp. arising out of your use of the Service with any third parties or from your willful misconduct. You will indemnify Skymol Corp. from any costs, damages and fees incurred by Skymol, which are attributable to such a claim.
8. LIMITATION OF LIABILITY
The information and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Skymol and/or its respective suppliers may make improvements and/or changes in the Service at any time. Skymol does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes them available, are free of viruses or other harmful components. Skymol does not warrant or represent that the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable. You specifically agree that Skymol shall not be responsible for unauthorized access to or alteration of your data. Further, Skymol Corp. reserves the right to make changes to any and all parts of Skymol products and services at any time, without obligation to notify any person or entity of such changes.
9. DISCLAIMER OF WARRANTIES
The Service is provided "as is" and there are no warranties, claims or representations made by Skymol, either express, implied, or statutory, with respect to the Service, including warranties of quality, performance, non infringement, merchantability, or fitness for a particular purpose, nor are there any warranties created by course of dealing, course of performance, or trade usage. Skymol does not warrant that the Service will meet your needs or be free from errors, or that the operations of the Service will be uninterrupted. The foregoing exclusions and disclaimers are an essential part of this Agreement and formed the basis for determing the price charged for the products and services. Some states do not allow exclusion of an implied warranty, so this disclaimer may not apply to you.
10. EXCLUSIVE REMEDY
Skymol's cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed the license fee paid to Skymol for use of the Service. In no event shall Skymol be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if Skymol has been advised of the possibility of such damages.
11. EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES
Skymol will not be liable to user or any third-party claimant for any direct, indirect, special, punitive, consequential, or incidental damages, whether based on a claim or action of contract, warranty, negligence, strict liability, or other tort, breach of any statutory duty, indemnity or contribution, or otherwise, even if Skymol has been advised of the possibility of such damages. The exclusion contained in this paragraph shall apply regardless of the failure of the exclusive remedy provided in the foregoing paragraph. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the limitations or exclusions in this and the foregoing paragraph may not apply to you.
12. PROPRIETARY RIGHTS TO CONTENTS AND COPYRIGHT
Title, ownership rights and intellectual property rights in and to the Service shall remain with Skymol. The Service and the intellectual property operating them are protected by international copyright treaties. Title, ownership rights and intellectual property rights in and to the content, and code accessed through the Service are the property of Skymol and may be protected by applicable copyright or other law. This License gives you no rights to such content or code. All contents of the Service are: Copyright © 2010 Skymol Corporation and/or its suppliers. All rights reserved. All content and compilation of content included on Skymol's website, such as text, graphics, logos, button icons, images, downloads are the property of Skymol Corp. Skymol, Skymol Communicator and/or other Skymol products and services referenced herein are either trademarks or registered trademarks of Skymol Corp.
13. TERMINATION
We may terminate your account at any time and for any reason. This agreement will terminate automatically if you fail to comply with the limitations described above. You will be obligated to continue this Agreement for the term you selected during the order process (e.g. 1 month, 3 months, 6 months, 1 year, etc.). At the end of the Initial Term of this Agreement, this Agreement will automatically renew (subject to then current pricing and then current Skymol terms and conditions) unless terminated by either party by giving written notice of termination at least 15 days before the expiration of the then current term. Skymol reserves the right to terminate this Agreement and to deactivate or deny viewing access to your account immediately for your failure to pay. If Skymol denies viewing access but has not terminated the Agreement, Skymol will continue the Service until the Agreement is terminated without interruption and you will remain obligated to pay any fees related thereto.
Upon termination or expiration of this Agreement, you will delete all copies of Skymol Communicator's generated codes from all Pages. Any outstanding balance for services rendered through the date of termination or any other payment obligations during the remainder of any unexpired Initial Term or renewal term become will be immediately due and payable upon termination of this Agreement.
14. MODIFICATIONS TO TERMS OF SERVICES AND OTHER POLICIES
Skymol reserves the right to change its terms of service policy at any time and to notify you by posting an updated version of the policy on this Website. You are responsible for regularly reviewing the policy. Continued use of the services after any such changes shall constitute your consent to such changes.
15. MISCELLANEOUS
This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only in writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by and construed under Hungarian law.
16. INFORMATION ACCURACY
Skymol is required by European law to collect tax-related information from all Skymol Clients and Partners. As the Client or Partner you are solely responsible for providing and maintaining accurate tax information associated with your account at Skymol. Should your tax information change, you may resubmit your tax forms at any time. Please note that the interface for collecting tax information and/or any Corporate collected information is not intended as and should not be construed as legal, tax, or investment advice. You should always consult your tax advisor to help answer specific questions regarding how tax laws apply to you and/or your business. Therefore, Skymol does not guarantee and is not liable for the accuracy or completeness of any tax information provided, or any results or outcome as a result of the use of this information.
Last revised July 27, 2010
FOR MORE INFORMATION
If you have any questions or concerns about this Terms & Conditions or any issues raised in this Terms & Conditions or on the Site, please feel free to contact us.
Or write to us at the following mailing address:
Skymol Corporation
Headquarters & Development
First Floor
Gyumolcs u. 21.
8000 Szekesfehervar
Hungary, Europe