Website Terms and Conditions

Last modified: December 1, 2015

  1. Acceptance of the Terms of Service
    1. Welcome to the website of Skimcast ("Skimcast" "Company", "we", "us" or "our"). The following terms and conditions together with any documents they expressly incorporate by reference (collectively, these "Terms and Conditions"), govern your interaction with www.skimcast.com (the "Website") and the services, features, functionality, content, applications, or products offered by Skimcast (together with the Website, the "Services").
    2. Please read the Terms and Conditions carefully before you start to use the Website. By accessing or using the Website, by using any of our Services, and/or by clicking to accept or agree to the Terms and Conditions when this option is made available to you, you accept and agree to be bound and abide by these Terms and Conditions and our Privacy Policy, found at www.skimcast.com/privacy-policy incorporated herein by reference.
    3. By using this Website, you represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms and Conditions are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms and Conditions or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
    4. IF YOU DO NOT WANT TO AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE OR ORDER ANY SERVICES.
  2. Changes to the Terms and Conditions
    1. We keep this document up-to-date. The last time we revised this document was on the Last Modified date listed at the top of this document. If you have not read this document since then, please review it. We will notify you of any changes to our privacy policy, but please periodically check this document to you to make sure you have read the latest version.
    2. We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.
    3. Your continued use of the Website and/or Services following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page from time to time so that you are aware of any changes, as they are binding on you.
  3. Your Use of the Website; Account Security
    1. Website Use. You may access the Website, review Services offerings, and use the Services without registering for an account, but you shall be bound to these Terms and Conditions at all times.
    2. Content. For purposes of these Terms and Conditions, the term "Content" includes, without limitation, information, data, text, photographs, videos, audio, written posts and comments, software, scripts, maps, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
    3. Use License. Subject to these Terms and Conditions, we grant to you a limited, revocable, personal, non-exclusive, non-sublicensable and non-transferable license to use the Website and our Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates the rights of any third party or these Terms and Conditions.
    4. Availability. We do not guarantee that any Content will be made available on the Website or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms and Conditions), or for no reason at all and (ii) to remove or block any Content from the Services.
    5. Website Changes. We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
    6. Privacy Policy. You agree that all information you provide to register with this Website or to purchase or receive Services, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy www.skimcast.com/privacy-policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
    7. Right to Disable. We have the right to deny access to the Website or to the use of our Services at any time if, in our opinion, you have violated any provision of these Terms and Conditions.
    8. Your Responsibility. You are responsible for:
      1. Making all arrangements necessary for you to have access to the Website.
      2. Ensuring that all persons who access the Website through your equipment or internet connection are aware of these Terms and Conditions and comply with them.
  4. Services Offered Through Website

    By accessing, using any Services or submitting information through the Website, you acknowledge and agree to the following:

    1. Services offered through the Website may allow you to upload text, data or other information to the Website to be analyzed by our software, for its underlying content, for the purpose of generating a condensed summary of the content.
    2. Services are offered through the Website to you for your own, personal, non-commercial use.
    3. Additional terms and conditions may also apply to specific products services or features that may be available through the Website and/or the Company. All such additional terms and conditions are hereby incorporated by reference into these Terms and Conditions.
  5. Intellectual Property Rights
    1. The Website and its entire contents, features and functionality (including but not limited to all information, software, scripts, algorithms, text, displays, images, video and audio, and the design, selection and arrangement thereof) that are created by the Company, are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
    2. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
      1. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
      2. You may store files that are automatically cached by your Web browser for display enhancement purposes.
      3. You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
      4. You may print, download, reproduce and use the content summaries and related information or data generated by or through your use of the Services, provided however, that you a) have a lawful right to such use and reproduction; and b) are not infringing on any rights of any third party.
    3. You must not:
      1. Modify copies of any materials from this site (except content summaries and related information or data generated by or through your use of the Services).
      2. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
      3. Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
    4. If you wish to make any use of material on the Website other than that set out in this section, please address your request to: support@skimcast.com.
    5. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
    6. The company does not reserve any ownership rights to the information or materials that you may upload to the Website and/or through your use of the Services. Provided however, that you grant to the Company a non-exclusive license to temporarily store and utilize the information you upload for the purpose of providing Services to you and to other users.
    7. All rights not expressly granted herein are expressly reserved by the Company.
  6. Trademarks

    SKIMCAST and associated names, logos and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

  7. Prohibited Uses
    1. You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website:
      1. In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
      2. To send, knowingly upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms and Conditions.
      3. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
    2. Additionally, you agree not to:
      1. Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
      2. Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
      3. Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
      4. Use any device, software or routine that interferes with the proper working of the Website.
      5. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
      6. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
      7. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
      8. Otherwise attempt to interfere with the proper working of the Website.
  8. User Materials
    1. The Website contains interactive features that may allow users to upload, view, copy, and download or transmit data, records, information or materials (collectively, "User Materials") on or through the Website for the purposes of using the Services.
    2. All User Materials must comply with the Content Standards set out in these Terms and Conditions.
    3. You represent and warrant that:
      1. You own, possess and/or control all of the rights in and to the User Materials that you upload or transmit through the Website (or that you have the necessary rights to use and reproduce User Materials); and
      2. All of your User Materials do and will comply with these Terms and Conditions.
    4. You understand and acknowledge that you are responsible for any User Materials you upload or transmit, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
    5. We are not responsible, or liable to any third party, for the content or accuracy of any User Materials uploaded, transmitted by you or any other user of the Services and/or Website.
    6. We expressly reserve the right to disclose the information you provide to us (including, but not limited to User Materials) your use of the Website or Services, your interaction with the Company or through other means, if we are compelled to do so by a court order, at the request of a government agency, or by other requirement of the law, if we, in good faith, believe such disclosure is advisable and necessary.
  9. Monitoring and Enforcement; Termination
    1. We have the right to:
      1. Take any action with respect to any User Materials that we deem necessary or appropriate in our sole discretion, including if we believe that such User Materials violates the Terms and Conditions, including the Content Standards, infringes any intellectual property right or other right of any person or entity, or could create liability for the Company.
      2. Disclose any information that we may have about you to any third party who claims that material uploaded, transmitted or downloaded by you violates their rights, including their intellectual property rights or their right to privacy.
      3. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
      4. Terminate or suspend your access to all or part of the Website for any violation of these Terms and Conditions.
    2. 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 uploading, transmitting, or downloading any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
    3. However, we do not undertake to review any material before, during or after it is uploaded or transmitted to or through the Website and/or Services, and cannot ensure that any material, regardless of type or content, is blocked from upload or transfer via the Website. Accordingly, we assume no liability for any action or inaction regarding transmissions or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
  10. Content Standards

    These content standards apply to any and all User Materials and use of the Services. User Materials must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Materials must not:

    1. Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
    2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
    3. Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
    4. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy, which can be found here: www.skimcast.com/privacy-policy.
    5. Promote any illegal activity, or advocate, promote or assist any unlawful act.
  11. Copyright Policy and Infringement Notification
    1. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
      1. Your physical or electronic signature.
      2. Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
      3. Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
      4. Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
      5. A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
      6. A statement that the information in the written notice is accurate.
      7. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
    2. Our designated Copyright Agent to receive DMCA Notices is:

      Skimcast
      3423 Piedmont Rd NE
      Atlanta, GA 30305
      mailto: support@skimcast.com

    3. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
  12. Counter-Notification Procedures
    1. If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:
      1. Your physical or electronic signature.
      2. An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
      3. Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
      4. A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
      5. A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
    2. Completed Counter-Notices should be sent to:

      Skimcast
      3423 Piedmont Rd NE
      Atlanta, GA 30305
      mailto: support@skimcast.com

    3. The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
    4. Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
  13. Reliance on Information Posted or Generated
    1. The information presented on or through the Website or Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
    2. We do not warrant the accuracy, completeness or usefulness of any summaries, information, data or other content generated by your use of the Services.
    3. This Website may include content provided by third parties. All statements, materials, information and/or opinions expressed in these materials, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
  14. Changes to the Website

    We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

  15. Information About You and Your Visits to the Website

    All information we collect on this Website is subject to our Privacy Policy www.skimcast.com/privacy-policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

  16. Linking to the Website
    1. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
    2. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
    3. We may disable any links at any time without notice in our discretion.
  17. Links from the Website

    If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites

  18. Geographic Restrictions

    The owner of the Website is based in the State of Georgia in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

  19. Disclaimer of Warranties
    1. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE 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 EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR ACCESSING OR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
    2. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR CONTENT, OR ACCURACY OF THE SERVICES OR ANY INFORMATION OR DATA GENERATED BY THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
    3. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
  20. Limitation on Liability; Remedies
    1. IN NO EVENT WILL THE COMPANY, ITS EMPLOYEES, AGENTS, OFFICERS, DIRECTORS OR AFFILIATES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, BREACH OF PRIVACY, UNAUTHORIZED ACCESS OF YOUR DATA OR INFORMATION BY THIRD PARTIES, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
    2. IN NO EVENT SHALL THE COMPANY, ITS EMPLOYEES, AGENTS, OFFICERS, DIRECTORS OR AFFILIATES BE LIABLE UNDER THIS AGREEMENT TO THE USERS, CUSTOMERS OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF USE, REVENUE OR PROFIT, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE BREACHING PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    3. IN NO EVENT SHALL THE COMPANY, ITS EMPLOYEES, AGENTS, OFFICERS, DIRECTORS OR AFFILIATES BE LIABLE FOR ANY AMOUNT GREATER THAN FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD.
  21. Indemnification

    You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Website, including, but not limited to, your use of the Content and/or Services other than as expressly authorized in these Terms and Conditions or your use of any information obtained from or through the use of the Website.

  22. Storage of Data; Limitation on Liability
    1. You acknowledge and agree that any data that you may input into, or information that is generated by, the Website or Services, may be uploaded to, downloaded from, stored and managed by a third party that provides electronic storage, hosting, or data management services to us (the "Data Storage Provider") to store, host and manage files or data, including your files and data.
    2. You acknowledge and agree that we do not, and are not required to, host or store any data or information that you may upload to the Website and/or in the process of using Services.
    3. THE COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY SOFTWARE UNAVAILABILITY OR DOWNTIME, BREACH OF PRIVACY, UNAUTHORIZED ACCESS OF YOUR DATA OR INFORMATION BY THIRD PARTIES, OR LOSS OF DATA CAUSED BY CIRCUMSTANCES BEYOND THE COMPANY’S CONTROL, INCLUDING WITHOUT LIMITATION:
      1. Actions or omissions of third parties, act of God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods); war, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilization, requisition, or embargo; rebellion, revolution, insurrection, or military or usurped power, or civil war; contamination by radioactivity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly; riot, commotion, strikes, go slows, lock outs or disorder; acts or threats of terrorism; or other events of force majeure (the "Force Majeure");
      2. General Internet outages, failure of Data Storage Provider’s infrastructure or connectivity, computer and telecommunications failures and delays not within the Company’s control;
      3. Any actions or failures to act, failure of infrastructure or connectivity, or events of Force Majeure of, by or involving a Data Storage Provider; and
      4. Network intrusions or denial-of-service attacks of a Data Storage Provider or any of its systems or equipment.
  23. Dispute Resolution
    1. You acknowledge and agree that any controversy or claim arising out of, or in any way related to, this Agreement, will be settled exclusively by binding arbitration, before a single arbitrator, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration will take place in Fulton County, Georgia. The arbitration award will be valid and binding upon the parties, and judgment thereon may be entered and enforced as a final judgment in any court with competent jurisdiction.
    2. Claims by the Company for injunctive relief or other equitable relief may be filed in the state or federal courts of Georgia (or any other jurisdiction selected by the Company for such action) for an order effective until the conclusion of arbitration and enforcement of the arbitration award, and such claims may be filed without a good faith attempt to resolve the issues underlying such claims.
  24. Governing Law and Jurisdiction
    1. All matters relating to the Website and these Terms and Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction).
    2. Any legal suit, action or proceeding arising out of, or related to, these Terms and Conditions or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Georgia, in each case located in the City of Atlanta and/or County of Fulton, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms and Conditions in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such
    3. Nothing in this Section 24 shall modify or supplant the dispute resolution methods, including binding arbitration, set forth in Section 23, which is intended to be the preferred and exclusive dispute resolution method among and between the Parties.
  25. Limitation on Time to File Claims

    ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

  26. Waiver and Severability
    1. No waiver of by the Company of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
    2. If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
  27. Entire Agreement

    The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and Skimcast with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

  28. Headings

    The section and paragraph headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.

  29. No Agency

    No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions, use of the Website, use or purchase of Services, or your interaction with the Company and neither party has any authority of any kind to bind the other in any respect.

  30. Notices, Comments and Concerns

    This website is operated by Skimcast. All feedback, comments, questions, requests for technical support, requests for information and other communications relating to the Website should be directed to: If by Mail:
    Skimcast, LLC
    3423 Piedmont Rd NE
    Atlanta, GA 30305
    If by E-Mail:
    support@skimcast.com