Terms of Service
Hello! These are SKIDOS Terms of service. They were last updated on April 1st, 2019
Children, if you have not reached the age of majority in your jurisdiction, you must have a parent or legal guardian read and accept these terms of service on your behalf and take full responsibility for compliance with these terms of service.
By accessing a SKIDOS service, downloading a SKIDOS application, or continuing to use the service, you acknowledge that: (1) you are at least 18 year of age or any older legal age required to form a contract in your jurisdiction; (2) you have the right, authority and legal capacity to enter into this agreement; (3) you have read, understood and agree to be bound by these terms with respect to yourself and any minor child authorised by you.
Contact us at support@skidos.com in case of anything you do not understand.
IF YOU OR YOUR PARENT/LEGAL GUARDIAN DO NOT WISH TO BE BOUND BY THE THESE TERMS OF SERVICE, PLEASE EXIT THE WEBSITE NOW AND DO NOT ACCESS OR USE SKIDOS SERVICES OR ANY SKIDOS APPLICATIONS. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF USE OF THIS SERVICE INCLUDING VISITING www.skidos.com OR
1.User’s Acknowledgment and Acceptance of Terms of Service
SKIDOS (“SKIDOS”) provides www.skidos.com (the “Website”) and various related educational games, applications, features, content, plug-ins, widgets, downloads, or services (collectively the “Service”) to you, the user, subject to your compliance with these Terms of Service, as well as any other written agreement between us and you. These Terms of Service govern your and your children’s use of any online Service location (e.g., website or mobile app) that posts a link to these Terms of Service (including both mobile and online versions). These Terms of Service apply regardless of how you access or use the Service, whether via personal computers, mobile devices or otherwise, unless additional or different terms or written agreements are agreed to between us and you. By using the Service, you acknowledge and accept the Service’s Privacy Policy (published at www.skidos.com/privacy) and consent to the collection and use of your date in accordance with the Privacy Policy (published at www.skidos.com/privacy ).
These terms of service, as amended from time to time and published at www.skidos.com/terms, and as incorporating the Skidos privacy policy (published at www.skidos.com/privacy-policy ) comprise a legal agreement between you (“YOU”) and Skidos.
Although we may attempt to notify you when major changes are made to these Terms of Service, you acknowledge and agree that it is your responsibility to review this Website and these Terms of Service from time to time and to familiarise yourself with any modifications. Any modifications will be effective immediately, and will apply to disputes arising under the Terms of Service from the date of posting forward. Your continued use of the Service after a modification has been made to the Terms of Service constitutes your acceptance of such modification.
You may not use the Service for commercial purposes or in any way that is unlawful, or harms SKIDOS or any other person or entity.
2. User Information
SKIDOS’s collection, use and disclosure, if any, of information collected from you or a child authorised by you is detailed in the SKIDOS Privacy Policy (published at www.skidos.com/privacy-policy ), which is incorporated by reference and made a part of these Terms of Service.
3. User Account
YOU ACKNOWLEDGE AND AGREE THAT SHOULD SKIDOS PROVIDE THE ABILITY TO CREATE A USER ACCOUNT, YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT OR USER PROFILE, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO ANY ACCOUNT OR USER PROFILE ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF SKIDOS. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL HAVE THE RIGHT TO REQUEST SKIDOS TO DELETE ANY ACCOUNT OR USER PROFILE CREATED BY WRITTEN COMMUNICATION TO SKIDOS AT SUPPORT@SKIDOS.COM
SKIDOS does not recognise the transfer of any account or user profile. Therefore, you may not give, purchase, sell, bargain, barter, market, trade, offer for sale, sell, license, assign or otherwise divest your rights, responsibilities or obligations under the Terms, either in whole or in part, without the prior written consent of SKIDOS. Any attempt to do so shall be void and of no effect.
4. Conduct Through the Service
You are solely responsible for your conduct through the Service and agree that you will not:
4.1 Publish, post, upload, transmit, distribute, disseminate or otherwise make available through the Service any:
pyramid schemes, chain letters, junk email, spam, or unsolicited messages;
material that is harmful, abusive, defamatory, libellous, obscene, infringing, embarrassing, unwanted, invasive of another’s right of privacy or publicity, hateful, or racially, ethnically or otherwise offensive, objectionable or otherwise inappropriate as determined by SKIDOS in its sole discretion; material or User Submissions (defined below) or information that infringes any copyright, trademark, patent, trade secret, privacy, publicity, or other right of others;
files that contain any malicious code, including viruses, spyware, Trojan horses, worms, time bombs, cancelbots, corrupted data, or that may in any way damage or interfere with the operation of the Website, Service, other users’ access to the Website or Service and/or other users’ computers.
4.2 Defame, abuse, harass, stalk, threaten, bully or otherwise violate the legal rights of others.
4.3 Violate any applicable laws or regulations, or promote or encourage any illegal activity.
4.4 Impersonate another user or create a false identity, including but not limited to identities falsely indicating that the user is another user, a celebrity or other well-known person, or a SKIDOS representative.
4.5 Gain or attempt to gain unauthorised access to the Service, Website, to other users’ account or profile information, or to computer systems and/or networks connected to the Service or Website.
4.6 Make false reports through the Service or to SKIDOS’s administrators.
4.7 Take any action that imposes or may impose (as determined by SKIDOS in its sole discretion) an unreasonable or disproportionately large load on SKIDOS’s (or its Affiliates’ or third party providers’) infrastructure.
4.8 Engage in fraudulent transactions.
4.9 Establish more than one account to participate in Service.
4.10 Use the service for any form of wagering or gambling.
5. Intellectual Property Information
5.1 Content
Content. The Service contains a variety of content including, without limitation: (i) information, videos, photos, graphics, music, sounds, text, data, communications, illustrations, documentation, and other material and services that users can view on, access through, or contribute to the Service; (ii) trademarks, logos, trade names, service marks, and trade identities of SKIDOS; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”). This includes support forums, message boards, chat, and other original content.
Ownership. The Service (including past, present, and future versions) and the Content are owned or controlled by SKIDOS and our licensors and certain other third parties. All right, title, and interest in and to the Content available via the Service is the property of SKIDOS or our licensors or certain other third parties, and is protected by U.S. , EU and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. SKIDOS owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service. You are only permitted to use the Content as expressly authorised by SKIDOS or the specific Content provider, and only through the functionality of the Service.
Limited License. Subject to your strict compliance with these Terms and any applicable additional terms that may be included on the Web site, SKIDOS grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to (i) to use certain Content that we may from time to time make available on the Service solely and explicitly for you for use as part of your User Submissions (defined below) (“SKIDOS Licensed Elements”), but solely for use within the functionality of the Service and only for such purposes as may be explicitly stated at the time that the SKIDOS Licensed Elements are made available on the Service. We and our licensors and certain other third parties, as the case may be, retain ownership of such Content. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, (ii) may be immediately suspended or terminated for any reason, in SKIDOS’s sole discretion, and without advance notice or liability; and (iii) does not permit you to use any Content or SKIDOS Licensed Elements outside the functionality of the Services (e.g., if the Service permits you to create a video using Content on the Service, you are prohibited from posting that video on YouTube or any other video service and may only use that video within the Service).
Reservation of All Rights Not Granted As To Content and Service. These Terms and any applicable additional terms include only narrow, limited grants of rights to the Content within the functionality of the Service and to use and access the Service solely as permitted herein. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by SKIDOS and its licensors and other third parties. Any unauthorised use of any Content or the Service for any purpose is prohibited.
5.2 Restrictions
By use of the Service you acknowledge, agree and otherwise consent not to engage in, permit another person or entity to engage, or otherwise be related to or a part of the following restricted activities: (i) market, share, distribute, offer to sell, sell or otherwise make reproductions or copies of the Website, Service or Content in any way inconsistent with the rights of use provided by SKIDOS herein; (ii) remove any applicable, relevant identification, copyright, trademark or other notices relating to the intellectual property or other property of SKIDOS; (iii) attempt to access source or object code of the Website or Service, by methods including reverse engineering or otherwise reducing it to a form readable without the use of a computer, except and unless any applicable statutes or laws specifically prohibit said restrictive language; (iv) amend, change, modify (including the creation of any derivative or other works) the Service; (v) create code, software or other program that incorporates any elements of the Service; (vi) attempt to hack into, compromise or otherwise access the object or source code of the Service for any purposes, personal or commercial; or (vii) interrupt or attempt to interrupt the operation of the Service in any way.
5.3 Your Grant of Rights
The Site may now or in the future according to the collection and use of information practices outlined in our Privacy Policy (published at www.skidos.com/privacy ) offer users of the Service the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service certain user-generated text, information, data, audio files, videos, graphics, photographs, or other content, including incorporating SKIDOS or third-party Content with user-generated content (“User Submissions”) and the hosting, sharing, transmission and/or publishing of such User Submissions solely within the Service. User Submissions may be published by SKIDOS and viewed by both other users of the Service. You understand and acknowledge that SKIDOS does not guarantee any confidentiality with respect to any User Submissions. If SKIDOS provides the ability for you to submit User Submissions to the Service, you acknowledge that you are the owner of any Intellectual Property rights in any such User Submissions that you submit, or have sufficient rights to submit the User Submissions to the Service without infringing any third-party rights. If the Service permits you to use SKIDOS or third-party Content on the Service, you will not own that Content, but have the limited license to use the Content solely as permitted by the functionality of the Service. You will not be able to distribute, post, use or otherwise exploit User Submissions that incorporate SKIDOS or third-party Content outside of the Service (e.g., you can’t post your User Submission on YouTube or Vimeo). Except to the extent the Service permits you to use SKIDOS or third-party Content within a User Submission, SKIDOS does not claim any ownership rights in any User Submission that you may submit or offer through the Service. However, to the extent you submit any User Submission, you acknowledge and agree that you automatically grant (and represent and warrant that you have the right to grant) a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to SKIDOS to:
use, reproduce, distribute, remove, and analyse any of your User Submissions as SKIDOS may deem necessary or desirable for any purpose in connection with the operation of the Service, and
copy, modify, and reproduce your User Submissions for marketing, promotional and/or other purposes in connection with SKIDOS or the Service in any media, and
use, edit, modify, reproduce, distribute, prepare derivative works of, display, post or otherwise make available your User Submissions to any other user in connection with any feature of the Service, and
delete any or all of your User Submissions from the Service, whether intentionally or unintentionally, for any reason or no reason, without any liability of any kind to you or to any other party, and
enable the Service or users of the Service to share or post your User Submissions on third party sites, such as, without limitation, on social networking sites.
5.4 Submission of Ideas
To the extent that you submit, via the Service or otherwise, any unsolicited concepts, ideas, or suggestions (collectively, the “Ideas”) for, by way of example and without limitation, any features or functionality for the Service, you agree that such Ideas are non-confidential and non-proprietary, and SKIDOS shall not be liable for the disclosure of such Ideas. You hereby grant and agree to grant SKIDOS, under all of your rights in the Ideas, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable right and license to incorporate, use, publish and exploit such Ideas for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the Service, or any SKIDOS product or service, without compensation or accounting to you and without further recourse by you.
6. Charges and Billing
6.1 Paid License
The Service is an online system that may allow parent-authorised purchases funded by a credit card or other payment method from participating merchants using the Service. By using the Service, you acknowledge and accept the Service’s Privacy Policy (published at www.skidos.com/privacy-policy ) and consent to the collection and use of your data in accordance with the Privacy Policy (published at www.skidos.com/privacy ). To the extent that SKIDOS establishes aspects of the Service are only available to those users opting for additional paid licenses and you elect to use such paid aspects of the Service, you agree to the pricing, payment and billing policies applicable to such fees and charges as described on www.skidos.com. THE PURCHASE OF ANY PAID LICENSE IS FINAL AND SHALL UNDER NO CIRCUMSTANCES BE REFUNDABLE, TRANSFERABLE, OR EXCHANGEABLE INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR USE OF THE SERVICE FOR ANY REASON OR NO REASON, TERMINATION OF THIS AGREEMENT, AND/OR THE DISCONTINUATION OF THE SERVICE.
6.2 Fees
You agree to pay all fees or charges incurred by you or any child authorised by you, including applicable taxes, in accordance with these Terms of Service and the billing terms that are in effect at the time that the fee or charge becomes payable. You acknowledge that SKIDOS may utilise certain third-party providers to collect or otherwise process any such fees and charges. Any additional, separate charges or obligations you directly incur with said third-party are your responsibility. SKIDOS MAKES NO REPRESENTATION OR WARRANTY REGARDING ANY INFORMATION, GOODS AND/OR SERVICES PROVIDED BY ANY THIRD-PARTY. Unless otherwise indicated, all prices are in United States Dollars and do not include Internet service provider, telephone, and other connection charges.
7. Third Party Websites and Information
The Service may link you to other websites or otherwise include references to information, materials and/or services provided by other parties. These other websites and parties are not under SKIDOS’s control, and you acknowledge that SKIDOS is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites, nor is SKIDOS responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the website or party by us, or any warranty of any kind, either expressed or implied.
8. Account Termination
Please be aware that it is SKIDOS’s policy to terminate the user accounts of repeat infringers. If you believe that a user is a repeat infringer, please follow the requirements above, but also include information or evidence that will reasonably prove to SKIDOS that the user is a repeat infringer.
If you provide false information to SKIDOS regarding any of the above notifications, counter-notifications or repeat infringer notifications, SKIDOS may immediately terminate your user account and you may be subject to legal and equitable remedies.
9. Disclaimer of Warranties; Limitation of Liability
Neither SKIDOS nor its Affiliates, subsidiaries, officers, directors, stockholders, employees, licensors, distributors, sublicensees, agents or subcontractors (collectively, the “SKIDOS Parties”) warrant any connection to, transmission over, features or system functionality, or results or use of, any facilities provided or failed to be provided through the Service.
YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. ALL MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
SKIDOS MAKES NO COMMITMENT TO UPDATE ITS SERVICES. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF THE WEBSITE AND SERVICE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
YOU ACKNOWLEDGE AND AGREE THAT THE SKIDOS PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT THROUGH THE SERVICE OR ANY RELATED PRODUCTS. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SKIDOS IS TO STOP USING THE SERVICE, AND TO DELETE ANY DOWNLOADED APPLICATION(S). IN NO CASE SHALL ANY LIABILITY OF THE SKIDOS PARTIES TO YOU EXCEED THE AMOUNT, IF ANY, THAT YOU PAID FOR THE APPLICABLE SERVICES GIVING RISE TO ANY SUCH LIABILITY. IN NO EVENT SHALL THE SKIDOS PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE OR DATA, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE.
10. Indemnification
You agree to defend, indemnify, and hold SKIDOS and its Affiliates harmless from all liabilities, claims, losses, costs and expenses, including attorney’s fees, that arise from (a) your use of, or activities in connection with the Service, or those of any child authoriSed by you; (b) any violation of these Terms of Service by you or any child authoriSed by you; or (c) any allegation that any content that you or any child authoriSed by you make available via the Service infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. SKIDOS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with SKIDOS in asserting any available defenses.
11. Service Termination, Suspension and Changes
SKIDOS reserves the right to terminate (including withhold or revoke the awarding of any prizes), suspend, or change any service or feature of the Service at any time, for any reason or no reason, with or without notice to you. ADDITIONALLY, SKIDOS MAY terminate AND/OR suspend your USE OF THE SERVICE FOR violation of these terms of service or VIOLATION OF any other policy related to SERVICE (INCLUDING THE POLICIES OF AFFILIATES ACCESSIBLE BY THE SERVICE). Without limiting the foregoing, your access to the Service may be terminated without warning if SKIDOS believes, in its sole discretion, that you are under the age of eighteen (18) years but do not your parent’s or guardian’s permission to register for and/or access the Service. You agree that SKIDOS shall not be liable for any loss or damage caused, directly or indirectly, by any such termination, suspension, or change and YOU WILL HAVE NO FURTHER ACCESS TO THE SERVICE AND SHALL HAVE NO RIGHT TO ANY REFUND OF ANY MONEY PAID TO SKIDOS.
12. Survivability of Terms
The Terms of Service set forth herein continue to remain in full force and effect until such time as terminated by either party. You retain full discretion to end or terminate and discontinue use of the Service at any time, pursuant to the terms of this Terms of Service. The provisions of Sections 1, 2, 3, 5 through 7, 9 through 19 shall survive any termination of this Terms of Service.
13. Assignment
SKIDOS may assign these Terms of Service, in whole or in part, at any time. Notwithstanding, you may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Service without SKIDOS’s express prior written consent.
14. Governing Law
The Service (excluding any linked websites) is governed by the laws of Denmark. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Website and Service. Although the Service may be accessible worldwide, we make no representation that materials on the Service are appropriate or available for use in locations outside the Denmark, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
15. Dispute Resolution
You hereby specifically acknowledge, agree and consent that you waive your right to a trial, by jury or otherwise, and that you agree that any suit, action, proceeding, dispute, controversy or claim (“Dispute”) arising out of or relating to this Terms of Service or any of the transactions contemplated herein or related to the Service or any contests or services thereon will be dealt with in accordance with the following procedures. All parties shall first attempt to negotiate all Disputes informally for at least thirty (30) days before initiating any arbitration. Such informal negotiations shall commence following the receipt of a notice in writing by one of the parties sent to the other. SKIDOS will send its notice to your billing address, if provided, and email you a copy to the email address you have provided to us, if any. You may send any notice to SKIDOS to the addresses listed below.
If the Dispute is not resolved through informal negotiations the Dispute shall be finally and exclusively resolved by binding arbitration before a sole arbitrator. Such Dispute shall be arbitrated within thirty (30) days of the appointment of the arbitrator, unless the parties agree otherwise in writing. If you are a resident of the Denmark, any arbitration will take place at any reasonable location within Denmark convenient for you or in the Copenhagen where SKIDOS is located. The prevailing party in any arbitration or other proceeding arising under these Terms of Service shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Use of the Service is not authorised in any jurisdiction that does not give effect to all provisions of the Terms of Service, including without limitation, this section.
The parties agree that any arbitration shall be limited to the Dispute between you and SKIDOS individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis and you agree to no class action as set forth below; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
If you have a dispute with another user of the Service, you release SKIDOS (and SKIDOS’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. SKIDOS, at its sole discretion, may try to help resolve disputes between users; however it has no obligation to do so.
No Class Action Matters. YOU AND SKIDOS AGREE THAT WITH RESPECT TO ARBITRATION DISPUTES EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. All Disputes will be heard or arbitrated only on an individual basis and will not be joined or consolidated with any other claims or arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that the restriction set forth in this Section is unconscionable or unenforceable, then our agreement to arbitrate will not apply and the Dispute must be brought exclusively in the courts located within Copenhagen Denmark. Notwithstanding any other provision herein, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained in this “No Class Action Matters” section, are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.
16. Notices
All notices to a party shall be in writing and shall be made either via email or conventional mail. The parties agree that all correspondence relating to this Agreement shall be written in the English language. Notices to SKIDOS must be sent to the attention of Customer Service at support@skidos.com, if by email, or to SKIDOS at the address below if by conventional mail. Notices to you may be sent to the email or mailing address supplied by you as part of your account or user profile, if any. In addition, we may broadcast notices or messages through the Service to inform you of changes to the Service or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
You may contact SKIDOS at the following address:
SKIDOS APS Titangade 11, SingularityU 2200, Copenhagen, Denmark
17. Entire Agreement
These Terms of Service constitute the entire agreement and understanding between SKIDOS concerning the subject matter of the Terms of Service and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Service may not be altered, supplemented, or amended by the use of any other document(s), unless otherwise agreed to in a written agreement signed by you and SKIDOS. To the extent that anything in or associated with the Service is in conflict or inconsistent with these Terms of Service, these Terms of Service shall take precedence.
18. Severability
If any part of these Terms of Service is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect.
19. Miscellaneous
Nothing contained in these Terms of Service is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by SKIDOS with respect to such use. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
20. ADDITIONAL TERMS FOR IOS APPS
By using the Services through Apple’s App Store (“iOS Products”), you agree that the following additional terms apply to your use of our iOS Products:
20.1 These Terms are not a legal agreement with Apple, Inc. (“Apple”). As between Skidos and Apple, Skidos (not Apple) is responsible for the iOS Products and the contents thereof.
20.2 The license to use the iOS Products under Section 5 above is limited to use (a) on iPhone, iPod touch, and iPad devices that you or your Organization own or control, separate from and in addition to any specific technical requirements for any iOS Product, and (b) as permitted by the Usage Rules set forth in the App Store Terms of Service.
20.3 Solely as between Skidos and Apple, you acknowledge that: (a) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS Products; (b) Skidos (not Apple) is responsible for addressing any claims of yours or any third party relating to the iOS Products or your possession and/or use of the iOS products, including but not limited to (1) product liability claims, (2) any claim that the iOS Products fail to conform to any applicable legal or regulatory requirement, and (3) claims arising under consumer protection or similar legislation; (c) in the event of any failure of the iOS Products to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iOS Products to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS Products, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Skidos sole responsibility; and (d) in the event of any third party claim that the iOS Products or your possession and use of the iOS Products infringes that third party’s intellectual property rights, Skidos (not Apple) will be responsible for any investigation, defense, settlement and discharge of any such intellectual property infringement claim.
20.4 Apple and Apple’s subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
21. Refund and Cancellation Policy
(Applicable solely for subscriptions purchased via skidos.com)
- Subscriptions purchased will automatically renew unless turned off atleast 24 hours before the end of current billing period. User will have complete and unrestricted access to subscribed content till the end of the current billing period.
- User may request for a refund by writing to support@skidos.com within 3 days of the date of purchase, specifying the reason for cancellation and attaching the payment receipt as proof.
- Please note that a request for refund is subject to management discretion.
- No request for refund shall be eligible after 3 days from the date of the transaction. Refunds will not be provided for subscriptions that are cancelled after the trial period has ended. or after auto-renewal.
- Refunds granted will be applied to the original payment option only.
Effective Date: November 9, 2015
