IMPORTANT LEGAL NOTICE ATTENTION: This legal notice applies to the entire contents of the Website under the domain names www.skylight-interactive.com and www.skylightit.com (” the Website”) and to any correspondence by e-mail between us and you. Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the Website. This notice is issued by Skylight Interactive Ltd whose address is G1 Shepherds Studios, Rockley Road, W14 0DA London, UK (“the Company”).
1.1 You may access some areas of the Website without registering your details with us. Certain areas of the Website are only open to you if you register.
1.2 By accessing any part of the Website, you are deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Website immediately.
1.3 The Company may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.
2.1 Services means the web services, associated software, and other services provided to you by the Company in accordance with these terms. The charges for the Services will vary to reflect the amount of storage available, the number of users required and other functionality.
2.2 The Free Service means those limited Services that are available without charge.
2.3 The Subscription Service means all Services other than the Free Service.
2.4 Content means all data, information or material without limitation that is uploaded to, transferred through, publicly posted, processed or entered into the Website using the Services.
2.5 Intellectual Property Rights means any copyright, database right, design right, trade mark, service mark, patent, rights in invention, domain name, confidential information, know-how, business name, trade name, get-up, trade dress, right to sue for passing off or for unfair competition, and any other intellectual property rights whether applied for, registered or unregistered and all extensions, renewals and revivals thereof and existing anywhere in the world.
3.1 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
3.2 Subject to these Terms we hereby grant to you a non-transferable, non-exclusive, non-sub licensable limited term right and license for you to access and use the Services solely for the purpose of storing or otherwise using or sharing with other members of the site documents, files, electronic media, emails, calendar dates, whiteboards and other data input by you or used in connection with the Services.
3.3 Other than the rights specifically granted under Clause 3.2 of these terms you are not given any right, title or interest in or to the Website or the Services, and the Company expressly reserves all such rights, titles and interests.
3.4 The licence granted to you under Clause 3.2 depends upon your compliance with these terms and such other rules as may be imposed from time to time upon use of the Services and of the Website.
3.5 The Website and the Services are and shall remain the Company’s exclusive property.
3.6 No part of the Website may be reproduced or stored in any other Website or included in any public or private electronic retrieval system or service without the Company’s prior written permission.
3.7 Any rights not expressly granted in these terms are reserved.
>4. Service access and Terms
4.1 While the Company endeavours to ensure that the Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period.
4.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.
4.3 The Company is continually developing and improving the Services and reserves the right to update and change these terms to reflect such improvements from time to time without notice.
4.4 The Company reserves the right to review your use of the Services and to make changes to your subscription package where the storage used exceeds the limit specified. Where such change is necessary the Company will give you 30 days notice of the increased charges for which you are liable.
5. Content and user conduct
5.2 The Company shall have no intellectual property rights in the Content posted by you to the Website. It is your responsibility to ensure that access to such Content is given only to users who are entitled to view it.
5.3 You are prohibited from posting or transmitting to or from the Website any Content:
5.3.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
5.3.2 for which you have not obtained all necessary licences and/or approvals; or
5.3.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
5.3.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
5.4 This is the responsibility of the account holder regardless of who posts the offending entry.
5.5 You may not misuse the Website (including, without limitation, by hacking, reverse engineering or by blocking popups and advertisements).
5.6 The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of clause 5.
5.7 You must be aged 16 or over to use this service. Accounts registered by automated non-human users will not be accepted and Skylight reserves the right to delete any such account on discovery.
6.1 You must not do any of the following acts:
6.1.1 Distribute, supply, modify, incorporate, or alter the Services and any material provided to you as part of the Services;
6.1.2 Reverse engineer or otherwise disassemble any part of the Services or the Website;
6.1.3 Copy any software provided to you as part of the Services or the Website and in particular its source code
6.1.4 Create any derivative version of any software provided by us to you
6.1.5 Redistribute or transfer any software provided by us to you;
6.1.6 Remove from Content any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures or any other like marks affixed to or embedded in such Content;
6.1.7 Use any information in the Website for the sending of spam, bulk email messages, bulk instant messages, MP3 files, music files, video files or executable program files;
6.1.8 Use the Services to upload post, email or transmit viruses, Trojans, worms, time bombs, corrupted files, or any other software that may interrupt, damage, destroy or limit the functionality of any computer software or hardware or network equipment;
6.1.9 Use the Services to create a false identity, to impersonate any person or organisation, or attempt to disguise the origin of any Content;
6.1.10 Use the Website to infringe the Intellectual Property Rights of any third party; or
6.1.11 Register or operate more than one user account.
7.1 Each registration is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network.
7.2 You must provide your full name together with a valid email address and the other mandatory information required by the registration process.
7.3 Responsibility for the security of any passwords issued rests with you.
8. Your Responsibilities
8.1 You are responsible for monitoring your Website workspace and are liable for ensuring that Content transferred to or handled within the Services which is processed by you and/or individuals invited by you to do so does not infringe any third party rights nor in any other manner violates governing legislation,
8.2 You undertake to INDEMNIFY us and keep us INDEMNIFIED against any and all loss suffered as a result of you breaching this Clause 8.
8.3 You undertake not to use the Services in order to obtain Content which per se or if sent to another party might injure the reputation of a third party, or in any manner which may result in the infringement of any third party’s Intellectual Property Rights, or which constitutes a dissemination of business secrets, or may incite a third party to commit or participate in a crime, or may be understood as constituting a threat, or to use the Services in any other manner incompatible with the purpose of the Website.
8.4 You shall not invade the privacy of others, misuse the personal data of others, or otherwise incite a person, persons or body corporate to carry out such acts and you shall not make available defamatory abusive or obscene Content.
8.5 You undertake not to provide access to the Services to anyone else than individuals who have completed the registration form and thereby agreed to these terms.
8.6 You agree not to use or launch any automated system, including without limitation, “robots”, “spiders” or “offline readers” that accesses the Services in a manner that sends more request messages to our servers in a given period of time than a single human can reasonably produce in the same period by using a conventional online web browser. You agree not to collect or harvest any personally identifiable information, including names, from the Services.
8.7 You undertake to notify us in writing of any breach of these terms of which you become aware.
9.1 While the Company endeavours to ensure that the information on the Website is correct, it does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material.
9.2 The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill which, but for this legal notice, might have effect in relation to the Website.
10.1 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Company’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any Websites linked to the Website or the material on such Websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any Websites linked to the Website.
10.2 Nothing in this legal notice shall exclude or limit the Company’s liability for:
10.2.1 Death or personal injury caused by negligence as such term is defined by the Unfair Contract Terms Act 1977 or
10.2.2 Fraud; or
10.2.3 Misrepresentation as to a fundamental matter; or
10.2.4 Any liability which cannot be excluded or limited under applicable law.
11. Suspension of account
11.1.1 The Company reserves the right to suspend your account (permanently or temporarily) in the following circumstances:
188.8.131.52 Abusive or excessively frequent requests to Skylight
184.108.40.206 Bandwidth usage exceeding the fair usage level set out in your subscription package
220.127.116.11 Otherwise for any reason and in the absolute discretion of the Company
12.1.1 You may use the Free Service without charge subject to these Terms whilst it is available. The Company reserves the right to withdraw the Free Service at any time 30 days after posting notice of discontinuance of the service on the Website.
12.1.2 Charges for the Subscription Services are payable monthly in advance and in the event of cancellation part way through a month are non refundable. The amount of subscription payable is dependent on the amount of storage and number of authorised user accounts set out in your subscription package. Payment must unless otherwise agreed be made by PayPal or other authorised online payment method.
13.1.1 You may cancel your account at any time by contacting support via the support forum.
13.1.2 Upon cancellation your content will be deleted from the system and cannot be recovered.
14. Governing law and jurisdiction
14.1 These terms shall be governed by and construed in accordance with English law. Disputes arising in connection with them shall be subject to the exclusive jurisdiction of the English courts.
14.2 Issue Date: 1st August 2009