SkipIt User Terms of Service
These SkipIt User Terms of Service ("Terms") govern your use of the SkipIt service provided by SpotXchange, Inc. ("SpotXchange" or "we") which is described herein (the "Service"). SpotXchange is only willing to provide the Service to you subject to all the terms and conditions of these Terms.
If you do not agree to any of the terms below, SpotXchange is unwilling to provide access to the Service and you should discontinue the registration process.
a. To use the Service, you will need to register and create an account ("Account"). You can register at the website located at www.skipit.com (the "Website") or by following the link included in a SkipIt Invitation (defined below). To be eligible to create an account, you must be at least 18 years old. When you set up your account, you will be required to create log-in credentials, which include your username and password ("Login Credentials"). You are responsible for maintaining the confidentiality of your Login Credentials, and are solely responsible for all activities that occur using your Login Credentials. You agree (a) not to allow a third party to use your Login Credentials at any time; and (b) to notify SpotXchange promptly of any actual or suspected unauthorized use of your Account or Login Credentials, or any other breach or suspected breach of these Terms. We reserve the right to terminate any username and password, which we reasonably determine may have been used by an unauthorized third party.
b. You may also link your Account with certain third party sites (including, but not limited to, Facebook); each such account, a "Third Party Account," by either (i) providing your Third Party Account login information to us; or (ii) allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to SpotXchange and/or grant us access to your Third Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating SpotXchange to pay any fees or making us subject to any usage limitations imposed by such third party service providers. You have the ability to disable the connection between your Account and your Third Party Accounts at any time by accessing the "Settings" section of the Website. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.
2. USE OF THE SERVICE.
a. As described in Section 3 (SKIPIT FUNDS) below, you can add funds to your Account ("SkipIt Funds") and use the SkipIt Funds to bypass certain online advertisements ("Ads") at participating websites (each a "Site"), which Ads the owner of such Site would otherwise have required you to watch in their entirety prior to having access to the Site or certain content on the Site ("Content"). For purposes of this Agreement, "Skip" refers to the act of clicking on a link provided by SpotXchange on a Site (the "SkipIt Invitation") to bypass the display of an Ad.
b. Each SkipIt Invitation will include a monetary value associated with clicking on it to bypass the Ad (each a "Skip Fee"). Each time you (or any other user of your Account) click on a SkipIt Invitation, the applicable SkipIt Fee shall be deducted from the balance of your SkipIt Funds.
c. If SpotXchange, in its sole discretion, provides you with a free Skip (or Skips) without charge ("Promotional Skips"), such Promotional Skips will be used before any deductions are made from the balance of your SkipIt Funds at the time the Promotional Skip(s) was placed in your Account, are not transferrable or redeemable for cash and have no cash or other value, and will be void and forfeited upon closure of your Account for any reason, unless otherwise prohibited by law.
d. You may use the Website to obtain information about the balance and use of SkipIt Funds and Promotional Skips in your Account.
3. SKIPIT FUNDS.
a. You may add to your SkipIt Funds using a credit card or debit card ("Payment"). All card transactions will be processed entirely by a third party payment processor ("Payment Processor"). Upon processing your Payment, the Payment Processor will remit the amount of your Payment to SpotXchange. All information related to your Payment, including your credit card number, expiration date, security code or any other payment details ("Card Information") are provided only to the Payment Processor and are not shared with SpotXchange at anytime. Accordingly, all Payments are subject to the terms and conditions and privacy practices of such Payment Processor (the "Payment Processor Policies"). By making a Payment via the Payment Processor to SpotXchange, you represent that you have read and understood the Payment Processor Policies and that you agree that all Payments shall be governed exclusively by such Payment Processor Policies and that SpotXchange is not responsible for adding any amount to your Skip Funds until after SpotXchange receives the balance of such Payment from the Payment Processor. Payments will be processed promptly for your use. However, a number of factors will contribute to when the funds are received by SpotXchange and SpotXchange makes no representations or warranties regarding the amount of time needed by the Payment Processor to complete processing of your Payment or when SpotXchange will receive the funds from the Payment Processor. SpotXchange does not impose a fee for use of a credit or debit card, and the Skip Fee for each paid Skip is imposed regardless of whether you pay by credit or debit card.
b. SpotXChange DOes NOT COLLECT, ACCESS, STORE OR PROCESS ANY CARD INFORMATION, process any Payments or transfer any funds on your behalf.
a. You may close your Account and receive a refund of the balance of your unused SkipIt Funds remaining in your Account at any time and for any reason by sending a request to SpotXchange at firstname.lastname@example.org. Such balance shall be credited back to the credit card or debit card you originally used to make the applicable Payment in accordance with the Payment Processor Policies. If your SkipIt Fund balance cannot be credited to your original credit card or debit card for any reason, you agree to contact SpotXchange to make alternative arrangements for the return of such SkipIt Fund balance to you. With respect to any unauthorized use of your credit card or debit card to fund your Account, SpotXchange will comply with the applicable Payment Processor Policies.
b. In the event of fraud, such as theft of your username or password, or the unauthorized use of your Account, SpotXchange shall conduct a reasonable investigation of such alleged fraud or unauthorized use and if SpotXchange determines, in its sole discretion, that such use was not authorized by you and was the result of fraud or theft, SpotXchange may credit the amount of such fraud or unauthorized use back to your SkipIt Fund balance. SpotXchange offers the remedy contained in this Section in addition to any rights you may have to request a chargeback or refund directly from your credit card or debit card issuer. Nothing in this section limits or restricts those rights.
c. SpotXchange reserves the right, in its sole discretion, to issue refunds in the form of credits to your SkipIt Fund balance in circumstances where we determine that such refund is warranted. It is your obligation to send any refund request to SpotXchange at email@example.com for its consideration.
5. ACCOUNT TERMS.
a. SkipIt Fund Requirements. SpotXchange may, in its sole discretion, impose requirements for the amount of SkipIt Funds you may or must maintain in your Account. SpotXchange will provide notice of any such requirements when you log in to your Account.
b. Internet. You agree that you will not receive interest or other earnings on your SkipIt Fund balance and irrevocably transfer and assign to SpotXchange any ownership right that you may have therein. This assignment applies only to interest earned on and nothing in these Terms grants SpotXchange any ownership right to the principal of your SkipIt Fund balance. In addition to or instead of earning interest on your SkipIt Fund balance, you agree that SpotXchange may receive a reduction in fees or expenses charged by the bank(s) that hold your SkipIt Fund balance.
c. Closure. You may close your Account at any time by submitting a request to firstname.lastname@example.org. By closing your Account, SpotXchange: (i) will cancel, and you will forfeit any, Promotional Skips associated with your Account; and (ii) will refund your remaining SkipIt Funds in accordance with Section 4 of these Terms. If you do not log in to your Account for 2 or more years, SpotXchange may close your Account and attempt to refund your SkipIt Fund balance using the credit card or debit card you originally used, if such credit or debit card is still valid.
a. As between you and SpotXchange, you are responsible for all reversals, claims, fees, fines, penalties and other liability incurred by SpotXchange caused by or arising out of your breach of these Terms and you agree to reimburse SpotXchange for any and all such liability. In the event that you are liable for any such amounts, you agree that SpotXchange may immediately remove such amounts from your Prepayment balance. If you do not have a Prepayment balance that is sufficient to cover your liability, your remaining Prepayment balance (if any) will be removed, your Account will have negative Prepayment balance up to the amount of your liability, and you will be required to immediately add funds to your Prepayment balance to eliminate the negative balance. If you do not do so, you agree that SpotXchange may engage in collection efforts to recover such amounts from you.
b. SpotXchange, in its sole discretion, may place a hold on any or all of your Prepayment balance when SpotXchange believes there may be a high level of risk associated with you, your Account, or any or all of your Skips. If SpotXchange places a hold on any or all of your Prepayment balance, SpotXchange will provide you with notice of our actions. SpotXchange will release the hold within 21 Days from the date the risk has been determined unless SpotXchange receives a dispute, claim, chargeback, or reversal or immediately once the matter is resolved to SpotXchange's reasonable satisfaction.
7. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
a. THE SERVICE AND WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPOTXCHANGE MAKES NO WARRANTY THAT THE SERVICE OR WEBSITE WILL BE UNINTERRUPTED, ERROR FREE OR FREE FROM VIRUSES OR OTHER DEFECTS OR HARMFUL COMPONENTS, NOR DOES SPOTXCHANGE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR WEBSITE. SPOTXCHANGE MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
b. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY CLAIMS, LOSSES, ACTIONS, DAMAGES OR INJURY RESULTING FROM ANY FAILURE OF PERFORMANCE OF THE SERVICE AND WEBSITE, INCLUDING ANY ERROR, OMISSION, INACCURACY, INTERRUPTION, DEFECT, UNTIMELINESS OR UNAUTHENTICITY OF ANY INFORMATION, DELAY OR INTERRUPTION IN OPERATION OR TRANSMISSION, INTERCEPTION OF TRAFFIC SENT OR RECEIVED, COMMUNICATION LINE FAILURE, SECURITY BREACH, EAVESDROPPING, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF INFORMATION, OR THE USE OF THE SERVICE AND WEBSITE.
c. YOU ACKNOWLEDGE AND AGREE THAT SPOTXCHANGE IS ONLY WILLING TO PROVIDE ACCESS TO THE WEBSITE AND TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS THE SITE OR SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE.
d. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE. SPOTXCHANGE'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE OR WEBSITE IS LIMITED, IN AGGREGATE, TO THE GREATER OF (I) THE AMOUNT OF SKIPIT FEES ACTUALLY CHARGED BY SPOTXCHANGE TO YOUR ACCOUNT FOR USE OF THE SERVICE OR WEBSITE IN THE SIX (6) MONTHS PRIOR TO THE DATE THE CLAIM AROSE; OR (II) TEN DOLLARS (U.S. $10.00). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that SPOTXCHANGE may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
a. "SkipIt," the SkipIt logo, and all related logos, products and services described in the Website are trademarks or registered trademarks of SpotXchange.
b. The Service and Website are the exclusive property of SpotXchange and may contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, arrangement and navigation. The content, and the selection, coordination and arrangement of such content, are also the exclusive property of SpotXchange. You are permitted to use the Website and Service only for the purpose of creating and managing your Account and using the Service to Skip Ads, solely as provided in these Terms; any other use or misuse of the Website or Service is strictly prohibited.
c. SpotXchange grants you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use the Website and Service, without right to sublicense, under the following conditions: you shall not, without SpotXchange's express written consent: (i) copy, retransmit, modify, disseminate, display, perform, reuse, re-post, broadcast, circulate, or otherwise distribute the Content, or modify or re-use all or part of the Service and Website, (ii) use any trade name, trademark, or brand name of SpotXchange in metatags, keywords and/or hidden text, (iii) create derivative works from the Service and Website or commercially exploit the Service and Website, in whole or in part, in any way, and (iv) use the Service and Website, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to SpotXchange. SpotXchange reserves all other rights. You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Service and Website. Except as expressly provided herein, nothing on the Website shall be construed as conferring any license under SpotXchange's intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, SpotXchange may revoke any of the foregoing rights and/or your access to the Website, or any part thereof, including the blocking of your IP Address, at any time without prior notice.
10. LINKS TO OTHER WEBSITES.
The Service is intended for use on Sites and in connection with Ads that are not under the control of, on behalf of, or provided by SpotXchange. The Service is provided on these Sites and in connection with such Ads solely as convenience only and the availability of the Service on such Sites and in connection with such Ads is not intended as an endorsement by SpotXchange of the organization or individual operating the Site or providing the Ad or as a warranty of any type regarding the subject of the Ad or the operator of the Site.
You agree to defend, indemnify and hold us, and our affiliates, and our and their respective officers, employees, agents and contractors, harmless from and against all claims, expenses and damages, including reasonable attorneys' fees, arising out of or resulting, directly or indirectly, from any act or omission by you with respect to your use of the Service or any Payment.
12. CHANGES TO TERMS.
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Website. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Website. These changes will be effective immediately for new users of our Website or Service. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of the Website or Service following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
13. MISCELLANEOUS TERMS.
a. These Terms, along with any other agreements, policies and any operating rules posted on the Website, constitute the entire agreement between you and us with respect to your use of the Website or Service (except for the Payment Processor Policies, which shall apply with respect to any Payments) and supersede all previous written or oral agreements between the parties with respect to such subject matter.
b. SpotXchange reserves the right at any time to change, add to or delete any aspect or feature of the Website or the Service and the terms and conditions of this Agreement. SpotXchange will provide notice of any such changes by posting notice to the Website or as otherwise required by law. Any use of the he Website or the Service by you after such notice shall be deemed to constitute acceptance by you of such changes.
c. This Agreement is governed by the laws of the State of Colorado without regard to its conflict of law provisions that would result in the application of the laws of a State other than Colorado.
e. Any waiver of rights must be in writing and signed by SpotXchange. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Last Updated 3/8/2012
THE information SpotXchange collects.
To use the Service, you will need to register for an Account at the Website or by following the link included in an invitation from SpotXchange to sign up for the Service ("Account"). To set up an Account, you will need to provide several forms of personally identifiable information ("Personal Information"). SpotXchange will also collect certain indirect and/or aggregate information as a result of your use of the Service and interaction with the Website ("Usage Information").
When you create your Account, you may be asked to provide the following types of Personal Information:
- Name or login credentials and screen name from third party websites
- e-mail address
- other personal information as necessary
For your protection, SpotXchange may ask you to provide any or all of your Personal Information during support calls in order to verify your identity and validate you as the user of your Account.
Also, your domain name, computer's operating system, Internet Protocol (IP) address, access times, browser type and language, and the web sites you visited before visiting the Website may all be logged automatically.
You may review and change this information at any time by logging into your Account and selecting "make changes" on your "My Account" page.
To enable you to skip certain online advertisements ("Ads") at participating websites (each a "Site"), SpotXchange may use certain technological means to identify you ("Tracking Tools") and record each time you use the Service to skip an Ad (each a "Skip"), including the Ad skipped, the amount charged for such Skip and the Site on which the Ad was skipped.
These Tracking Tools may include use of HTTP cookies," which are small data files stored on your hard drive, locally stored objects, also known as Flash cookies, which are small data files that websites which use Adobe Flash may store on your computer, or device fingerprinting, which is a process that collects certain non-personally identifiable information about your device, such as your media access control ("MAC") address, IP address, browser, and geographic location to recognize and identify your device. Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove HTTP cookies and to reject HTTP cookies. If you choose to do so, you may not be able to use the Service. Please note that deleting, rejecting, disabling or turning off Tracking Tools will not remove Flash cookies. For more information about Flash cookies and how to remove them from your computer, please visit http://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html.
Disclosure of Your Information.
SpotXchange shares your Personal information with third parties as follows:
- with publishers of Sites for tracking purposes;
- with your consent, for example, when you agree to our sharing your information with other third parties for their own marketing purposes subject to their separate privacy policies;
- with third party vendors, consultants and other service providers who work for us and need access to your information to do that work;
- to comply with laws or to respond to lawful requests and legal process;
- in an emergency to protect the personal safety of SpotXchange, its customers, or any person;
- in connection with or during negotiation of any merger, financing, acquisition or bankruptcy involving of all or a portion of our business or assets to another company, and
- with third party service providers to market the network and Website on behalf of SpotXchange.
SpotXchange may also use any information you provide, including Personal Information and information derived from your use of the Service, to identify and develop products and services that may be of interest to you and/or share this information with certain third parties for direct marketing purposes with respect to special offers, products, services, programs, promotions, surveys, publications, invitations or other opportunities.
YOUR INFORMATION CHOICES AND CHANGES.
You may opt out of receiving promotional emails from SpotXchange by following the instructions in those emails. If you opt out, we may still send you non-promotional emails, such as emails about your accounts or our ongoing business relations.
SECURITY OF YOUR PERSONAL INFORMATION.
SpotXchange takes commercially reasonable steps to help protect your personal information against loss, misuse and unauthorized access, disclosure, alteration and destruction. SPOTXCHANGE expressly disclaimS any representation or warranty, whether express or implied, with respect to ensuring, guaranteeing or otherwise offering any definitive promise of security in connection with your PERSONAL Information.
CREDIT CARD INFORMATION.
Special Note to International Users
Questions or Comments.
© Copyright 2012 SpotXchange, Inc.