SKYSILK, Inc. TERMS & CONDITIONS

1. INTRODUCTION

1.1 Welcome to SkySilk.com. SkySilk, Inc. ("SkySilk") provides website features as well as other products and services to you when you visit or shop at SkySilk.com, use SkySilk products or services, use SkySilk applications for mobile, or use software provided by SkySilk in connection with any of the foregoing (collectively, "SkySilk Offerings"). SkySilk provides SkySilk Offerings subject to the following conditions. By using SkySilk.com and/or SkySilk Offerings, you agree to these conditions. The Terms and Conditions act as a binding agreement between you and SkySilk. The terms and conditions herein supersedes all prior agreements, representations, and understandings (whether written or oral) governing the Skysilk Cloud Service offering, or any of them, with respect to the subject matter hereof. Please read them carefully.

2. ADDITIONAL TERMS

2.1 When you use a SkySilk Offering, you will also be subject to the additional terms, notices, policies, and agreements applicable to that SkySilk Offering (collectively the "Additional Terms"). Additional terms may be disclosed through SkySilk websites, emailed or printed materials, and other means. If these Terms and Conditions are inconsistent with the applicable Additional Terms, those Additional Terms will take precedence. Additional Terms, if any, that govern your use of the SkySilk Offerings may be found on SkySilk’s websites

3. PRIVACY

3.1 Your privacy is important to us and is an integral part of our business. Our privacy policy regarding what personal information is collected when using our Website and all of its functions, and what is done with such information may be found on SkySilk’s websites.

4. ACCEPTABLE USE

4.1 You may use the SkySilk.com website and SkySilk Offerings only in accordance with this Agreement. You may not reverse engineer, decompile, disassemble, or work around technical limitations in the SkySilk Offering, except to the extent that applicable law permits. You may not disable, tamper with, or otherwise attempt to circumvent any billing mechanism that meters your use of a SkySilk Offering. You may not rent, lease, lend, resell, transfer, or sublicense the SkySilk Offering or any portion thereof to or for third parties.

4.2 Neither you nor those that use SkySilk Offerings may use such offerings in any of the following ways: in a way prohibited by law, regulation, governmental order; to violate the rights of others; to try gaining unauthorized access to or disrupt any service, data, account, or network by any means; to falsify any protocol or email header information; to spam or distribute malware; in any way that could harm the SkySilk Offerings or impair anyone else's use of them; or for any high risk use (meaning use that could lead to death or serious bodily injury of any person, or to severe physical or environmental damage).

4.3 Although SkySilk does not monitor content uploaded by Users, if SkySilk is put on notice or you are found to be involved in illegal conduct violating any of the above, SkySilk will request you remove such prohibited materials immediately. SkySilk reserves the right to remove prohibited materials along with associated User accounts without warning or notification to the User.

5. YOUR ACCOUNT

5.1 You must be 13 years of age or older in order to create a SkySilk Account and/or user SkySilk Services, or, you must be doing so with the express written consent of a parent or guardian.

5.2 Customer is responsible for the content of all Customer Data and maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. SkySilk does not and will not assume any obligations with respect to Customer Data or for Customer's use of the Products other than as expressly set forth in this Agreement or as required by applicable law.

5.3 SkySilk reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

6. NON-SKYSILK OFFERINGS

6.1 We may make Non-SkySilk Offerings available to you through our Website or other means. The use of any Non-SkySilk Offering will be governed by separate terms between you and the third party providing the Non-SkySilk Offering. For your convenience, SkySilk may include charges for the Non-SkySilk Offering as part of your bill for the offering. SkySilk, however, assumes no responsibility or liability whatsoever for any Non-SkySilk Offerings.

6.2 You are solely responsible for any Non-SkySilk Offering that you install or use with our offerings. We are not a party to and are not bound by any terms governing your use of any Non-SkySilk Offering.

6.3 If you install or use any Non-SkySilk Offering with our offerings, then you (not SkySilk) will have direct and control over the installation and use of it with our offerings through your actions (for example, through your use of application programming interfaces and other technical means that are part of the offerings).

6.4 If you install or use any Non-SkySilk Offering with our Offerings, you may not do so in any way that would subject our intellectual property or technology to obligations beyond those included in this Agreement.

7. RENEWAL

7.1 Upon renewal of your Subscription, this agreement will terminate and your Subscription will thereafter be governed, by the terms and conditions set forth on the Website on the date on which your Subscription is renewed. If you do not agree to any Renewal Terms, you may decline to renew your Subscription.

7.2 You may choose to have a Subscription automatically renew or terminate upon expiration of the Term. You can change your selection at any time during the Term. We will provide you with written notice of the automatic renewal before the expiration of the Term.

7.3 For Limited Offerings, renewal may not be permitted.

8. RIGHTS AND ACCESS

8.1 If you are an individual accepting these terms on behalf of an entity, you represent that you have the legal authority to enter into this Agreement on that entity's behalf.

8.2 All rights not expressly granted to you in this agreement are reserved and retained by SkySilk. No SkySilk Offering, nor any part of any SkySilk Offering, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of SkySilk. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SkySilk without express written consent. You may not use any meta tags or any other "hidden text" utilizing SkySilk's name or trademarks without the express written consent of SkySilk. You may not misuse SkySilk Offerings. You may use the SkySilk Offering only as permitted by law. The licenses granted by SkySilk terminate if you do not comply with this agreement.

9. ELECTRONIC COMMUNICATIONS

9.1 We will communicate with you in a variety of ways, such as by e-mail, text, in-app push notices, or by posting notices and messages on this site or through other reasonable means. You consent to receive communications from us electronically and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

10. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

10.1 Visitors may post reviews, comments, photos, videos, and other content; and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. SkySilk reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

10.2 If you do post content or submit material, and unless we indicate otherwise, you grant SkySilk a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant SkySilk the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify SkySilk for all claims resulting from content you supply. SkySilk has the right but not the obligation to monitor and edit or remove any activity or content. SkySilk takes no responsibility and assumes no liability for any content posted by you or any third party.

11. RETURNS AND REFUNDS

11.1 SkySilk does not offer refunds. In case there are extenuating circumstances please contact us at [email protected].

12. PRODUCT AND SERVICE DESCRIPTIONS

12.1 SkySilk makes the highest effort to be as accurate as possible. However, SkySilk does not warrant that product or service descriptions or other content of any SkySilk Offering is accurate, complete, reliable, current, or error-free. If a SkySilk Offering itself is not as described, your sole remedy is to cease usage of the service.

13. PRICING

13.1 The stated Price displayed on our website or other materials represents the full retail price listed, except where noted otherwise. The stated Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day.

13.2 Pricing is subject to change at any time without notice.

13.3 Payment will be drawn at monthly intervals for the previous month’s balance. Payment is drawn from credit card, credit balance, or other payment instruments that are setup for charge in your account. If a form of payment expires or is exhausted your account will be suspended until a valid form of payment is supplied.

13.4 Discounts and promotions not valid for machines running hit generators, crypto-mining, users with multiple accounts, or any other SkySilk AUP Violation.

14. INDEMNIFICATION

14.1 User agrees to indemnify and hold SkySilk, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User Content you submit, post, transmit or make available through SkySilk offerings, your use of SkySilk offerings, your connection to SkySilk offerings, your violation of the Terms, your intentional or negligent violations of any applicable laws or governmental regulation,your contractual relation with a third party, or your violation of any rights including but not limited to intellectual property rights relating to patents, trademarks, trade secrets and/or copyrights.

15. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

15.1 In no event shall we, nor our directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the services (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) of fees paid to us for the particular services during the immediately previous one month period, even if SkySilk had been advised of, knew, or should have known, of the possibility thereof. User acknowledges that the fees paid by him or her reflect the allocation of risk set forth in this agreement and that SkySilk would not enter into this agreement without these limitations. User hereby waives any and all claims against SkySilk arising out of subscriber's purchase or use of the services, or any conduct of SkySilk's directors, officers, employees, agents or representatives. Your sole and exclusive right and remedy in case of dissatisfaction with the services or any other grievance shall be your termination and discontinuation of access to or use of the services.

15.2 In addition, you agree that SkySilk is not responsible for any data compiled by our services and that SkySilk will not be liable, in any manner, as a result of your exposure to any defamatory, libelous, threatening, unlawfully harassing, obscene or otherwise unlawful content or data. In no event shall SkySilk, or any third party provider of any component of the services or of any information delivered as part of the services, be liable to you and/or any party for any damages of any kind, including but not limited to direct, indirect, special, exemplary, punitive, consequential or similar damages arising out of or related to the services, content, products, the use or inability to use this website, or any linked website, including without limitation, lost profits, loss of use, business interruption, or other economic losses, loss of programs or other data, whether in an action of contract, negligence or other tortious action, even if SkySilk is advised of the possibility of such damages, including liability associated with any viruses which may infect your computer equipment.

15.3 Some jurisdictions limit or prohibit the foregoing limitations, and in such jurisdictions the foregoing limitations shall be applied to the maximum extent permitted by law.

15.4 SkySilk Offerings made available to you are provided by SkySilk on an "as is" basis, unless otherwise specified in writing. SkySilk makes no representations or warranties express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. SkySilk does not warrant that the SkySilk Offerings or the information, content, or materials included or otherwise made available to you through SkySilk, are free from viruses or other harmful components, unless otherwise specified in writing. You expressly agree your use of SkySilk Offerings is at your own risk and will not hold SkySilk liable for any damages of any kind including but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

15.5 Certain State or Country laws do not allow limitations on implied warranties or exclusion or limitation of certain damages. In such States or Countries, these exclusions or limitations may not apply to you.

16. DISPUTE RESOLUTION

16.1 Any dispute or claim arising out of or relating to your use of any SkySilk Offering will be resolved by binding arbitration. However, you may assert claims in small claims court if your claims qualify. The arbitration shall be administered by the American Arbitration Association ("AAA") pursuant to its applicable Rules and Procedures. The arbitrator's award will be final and binding on all parties. Judgment on the arbitrator's award will be enforceable in any court of competent jurisdiction. Arbitration will take place in the County of Los Angeles, California unless otherwise agreed upon by the parties.

16.2 We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reasona claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

17. APPLICABLE LAW

17.1 By using any SkySilk Offering, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern this agreement and all disputes of any kind that may arise between you and SkySilk.

18. SITE POLICIES, MODIFICATION, AND SEVERABILITY

18.1 We reserve the right to make changes to our site, policies, notices, agreements and these Terms and Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Modified terms that relate to changes or additions to the SkySilk Offering or that are required by law will be effective immediately, and by continuing to use the SkySilk Offerings, you will be bound by the modified terms. All other modified terms will be effective upon renewal (including automatic renewal) of an existing Subscription or order as well as a request for a new subscription or order.

Please review our other notices, policies, terms, and agreements posted on this site. These notices, policies, terms, and agreements also govern your use of SkySilk Offerings. SkySilk is an official trademark of SkySilk, Inc.