This End-User License Agreement (“EULA”) is a legal agreement between you and Skylab Apps, Inc., a Delaware Corporation with its registered office at 6440 Sky Pointe Dr. STE 140-101, Las Vegas, NV 89131 &”SLA”, “we”, “us” or “our”) which governs your use of the Skylab apps or any white labeled or alternatively branded mobile application ( App) and any services provided through such application (hereinafter, ‘Skylab Apps’) . By installing or otherwise using the Skylab Apps, you: (a) agree to be bound by the terms and conditions of this EULA, (b) you represent and warrant that you own or control the mobile device in which the Skylab App will be installed, and (c) you represent and warrant that you have the right, authority and capacity to enter into this EULA and to abide by all its terms and conditions, just as if you had signed it. The terms and conditions of this EULA also apply to any Skylab App updates, supplements, and services that are not provided under a separate license or other agreement with us. If you do not agree to the terms and conditions of this EULA, do not install or use any Skylab App.
We may amend these terms and conditions from time to time. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means. You acknowledge that an in-app message which notifies you of such changes when you open up the Skylab App shall constitute reasonable means. Your continued use of the Skylab
Apps after we post any amendments to this EULA will signify your acceptance of such amendments. If you do not agree with any amendment, you must discontinue using the Skylab Apps. If you have any questions or concerns regarding the terms or conditions herein, please email us at email@example.com. Do not use the Skylab Apps until your questions and concerns have been answered to your satisfaction and you agree to abide by the EULA.
Notice to consumers :
Depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through this EULA and that are in addition to the terms of this EULA, and certain provisions of this EULA may be unenforceable as to you. To the extent that any term or condition of this EULA is unenforceable, the remainder of the EULA shall remain in full force and effect.
B. AGE REQUIREMENT:
You must be 13 years of age or older to install or to use the Skylab Apps .
If you are at least 13 but not yet 18 years of age, please have your parent or legal guardian review this EULA with you, discuss any questions you might have, and install the Skylab Apps for you.
NOTICE TO PARENTS AND GUARDIANS:
By granting your child permission to download and access an Skylab App, you agree to the terms and conditions of this EULA on behalf of your child. You are responsible for exercising supervision over your children’s online activities. If you do not
agree to this EULA, do not let your child use the Skylab Apps or associated features. If you are the parent or guardian of a child under 13 and believe that he or she is using the Skylab Apps, please contact us at firstname.lastname@example.org.
C. GRANT OF LICENSE:
Subject to your compliance with the terms and conditions of this EULA, SLA grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, to access, download and install the most current generally available version of the Skylab Apps on a single, authorized mobile device that you own or control solely for your lawful, personal, and non- commercial entertainment use.
D. DESCRIPTION OF OTHER RIGHTS AND LIMITAIONS:
1. Restricted Use. You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer or grant any rights to the Skylab Apps or use the Skylab Apps for the benefit of any third party. Unless expressly authorized by SLA or permitted under the applicable mobile platform terms, you are prohibited from
making the Skylab Apps available over a network where it could be downloaded or used by multiple users. You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of the Skylab Apps, except to remove our Skylab Apps from a mobile device which you own or control. You may not violate or attempt to violate the security of our services. You may not modify, reverse-engineer, decompile, disassemble, or otherwise tamper with any Skylab Apps, or attempt to do so for any reason or by any means. You may not access, create or modify the source code of any Skylab Apps in any way. You do not have the right to and may not create derivative works of any Skylab Apps or any portions thereof. All modifications or enhancements to the Skylab Apps remain the sole property of SLA.
2. Skylab Apps Updates. We reserve the right to add or remove features or functions to existing Skylab Apps. When installed on your mobile device, the Skylab Apps periodically communicate with our servers. We may require the updating of the Skylab Apps on your mobile device when we release a new version of the Skylab Apps, or when we make new features available. This
update may occur automatically or upon prior notice to you, and may occur all at once or over multiple sessions. You understand that we may require your review and acceptance of our then-current EULA before you will be permitted to use any subsequent versions of the Skylab Apps. You acknowledge and agree that any obligation we may have to support previous versions of the
Skylab Apps may be ended upon the availability of updates, supplements or subsequent versions of the Skylab Apps. You acknowledge and agree that we have no obligation to make available to you any updates, supplements or subsequent versions of the Skylab Apps.
3. Access. You must provide at your own expense the equipment, Internet connections, devices and service plans to access and use the Skylab Apps. If you access an Skylab App through a mobile network, your network or roaming provider's messaging, data and other rates and fees may apply. You are solely responsible for any costs you incur to access the Skylab Apps from
your device. Downloading, installing or using certain Skylab Apps may be prohibited or restricted by your network provider and not all Skylab Apps may work with your network provider or device. SLA makes no representation that the Skylab Apps can be accessed on all devices or wireless service plans. SLA makes no representation that the Skylab Apps are available in all languages or that the Skylab Apps are appropriate or available for use in any particular location.
4. In-App Purchases. Certain Skylab Apps will allow you to make an in- application purchase. Payment for such purchases may be processed third parties who act on our behalf or directly by the mobile platform owner (e.g. Apple or Google). By confirming the purchase , you (a) agree that we will supply you the purchased service or item immediately after you have confirmed the purchase in the Skylab App; (b) if you reside in the European Union, you acknowledge that you will therefore no longer have the right to
cancel under the EU’s Consumer Rights Directive (as implemented by the law of the country where you are located) once we start to supply the service or item; and (c) acknowledge that, to the extent permitted by law, all sales are final and that SLA is not required to provide a refund for any reason.
5. Mobile Text Summary Terms & Conditions: You will receive up to  messages per month regarding marketing promotions. Message & Data Rates May Apply. This service is available for subscribers on AT&T, Verizon Wireless, T- Mobile®, MetroPCS, Sprint, Virgin Mobile USA, Centennial Wireless, and others in the US. The wireless carriers are not liable for any delays or undelivered messages. Users will receive SMS MT if the device cannot support MMS. You may also email email@example.com. You can stop mobile subscriptions at any time by sending the text message STOP. Your phone must be able to receive text messages.
Terms on this page apply to subscribers who subscribe to distribution lists managed by users of WP3 Sports:Live in Greatness service.
How to Unsubscribe from WP3 Sports: Live in Greatness
All subscribers have the ability to unsubscribe or change their personal subscription settings at any time. To unsubscribe from Mobile Texts: Text STOP to the phone number that you do not wish to receive messages from.
NOTE: Message and data rates may apply.
You may also email WP3 Sports at firstname.lastname@example.org to unsubscribe at any time.
If you believe that your contact information was collected by a WP3 Sports user without your consent and would like to report spam, please email email@example.com. When reporting any offending party, please include the contact address or number that sent you the spam, the username of the sender, and the message or first few sentences of the message that you
believe is spam. WP3 Sports has a zero tolerance spam policy.
E. SKYLAB APP FUNCTIONALITY:
Skylab Apps allow you to enjoy various features, functionalities and services, which may change from time to time (collectively, the “Skylab App Functions”). The Skylab App Functions are provided by SLA and third party suppliers who offer content and/or services in conjunction with or through the Skylab Apps (the “Third Party Partners”). Skylab App Functions may provide you with location data for basic navigational purposes only and are not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither SLA, nor any of its Third Party Partners, guarantee the availability, accuracy, completeness, reliability, or timeliness of location data displayed by any Skylab App.
F. THIRD-PARTY PARTNERS:
1. Third-Party Services and Content. The Skylab Apps may integrate, be integrated into, bundled, or be provided in connection with third-party services, advertising, feeds, and/or content. If you are installing an Skylab App that includes third party services and third party content, such services and content are subject to such third party’s terms of services and privacy policies, which may be found on the relevant Third Party Partner’s website. Skylab Apps may provide access or links to Third Party Partner websites or resources. SLA has no control over such websites and resources, and you acknowledge and agree that SLA is not responsible for the availability of such external websites or resources, and does not endorse nor is responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that SLA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content (as defined below), goods or services available on or through any such website or resource. SLA will not be a party to or in any way be responsible for monitoring any transaction between you and Third Party Partners.
2. Access to Third-Party Services and Content through Skylab Apps. All services, advertising, feeds and content, including without limitation, all data, links, articles, graphic or video messages and all information, text, software, music, sound, graphics or other materials (“Content”) made available or accessible through a Skylab App, whether publicly available or privately
transmitted, is the sole responsibility of the entity or person from whom it originated. You hereby acknowledge and agree that by using an Skylab App you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will SLA be liable in any way for any Content created by or originating with entities other than SLA, including, but not limited to, any errors or omissions in any such Content, or for loss or damage of any kind incurred as a result of the transmission or posting of such Content by means of a Skylab App.
Skylab Apps, like other consumer technologies, may not be 100% secure. By accepting this EULA you acknowledge and accept that the Skylab Apps and any information you download or offer to share by means of an Skylab App, may be exposed to unauthorized access, interception, corruption, damage or misuse, and cannot be regarded as 100% secure. You accept all responsibility for such security risks and any damage resulting therefrom.
1. Registration. Most Skylab Apps will not require a registration: however, some Skylab Apps may permit or require you to create an account to participate or access additional features or functionalities (“Registration”). If such Registration is required, it will be made known to you when you attempt to participate or access such additional features or functionalities. Any registration required by a Third Party Partner is not governed by this EULA and you should refer to the relevant Third Party Partner’s website for their
2. Passwords. You are the sole and exclusive guardian of any password and ID combination issued or chosen by to you. Maintaining the confidentiality and security of your password(s) and ID(s) is solely your responsibility. You are fully responsible for all transactions undertaken by means of any account opened, held, accessed or used via your password and ID. You shall notify us immediately and confirm in writing any unauthorized use of accounts or any breach of security, including without limitation any loss, theft or unauthorized use of your password(s), and/or ID(s) or any related account. If we have reasonable grounds to suspect that the security of your password and/or ID has been compromised, we may suspend or terminate your account, refuse
any and all current or future use of the services, and pursue any appropriate legal remedies. We shall not be responsible for any losses incurred in connection with any misuse of any password or ID.
I. UNISTALL/REMOVAL OF A SKYLAB APP:
Uninstallation and removal methods vary depending on your device. To uninstall and remove the Skylab Apps, please use the application manager provided with your device or consult your device manual for reference.
J. CONSENT TO USE OF DATA:
You agree that we may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Skylab Apps. We may use this information in
K. INTELLECTUAL PROPERTY:
The Skylab Apps, including all design, text, images, photographs, illustrations, audio-clips, video-clips, artwork, graphic material, code, content, protocols, software, and documentation provided to you by SLA are SLA’s property or the property of SLA’s licensors, and are protected by U.S. and international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. “Intellectual Property Rights” means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other
proprietary rights notice we or Third Party Partners have placed on or within the Skylab Apps. All rights not expressly granted hereunder are expressly reserved to SLA and its licensors.
The SLA and Skylab names, logos and affiliated properties, are the exclusive property of SLA or its affiliates. All other trademarks appearing on any Skylab App are trademarks of their respective owners, and the use of such trademarks shall inure to the benefit of the trademark owner. Our partners or service providers may also have additional proprietary rights in the content which they make available through a Skylab App. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained in herein should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
1. You are solely responsible for any Content you contribute, submit or display on or through your use of the Skylab App(s). It is your obligation to ensure that such Content, including photos, text, video and music files, does not violate any copyright or other Intellectual Property Rights. You must either own or have a license to use any Content that you contribute, submit or display.
2. SLA respects and expects its users to respect the rights of copyright holders. On notice, SLA will act appropriately to remove content that infringes the copyright rights of others. SLA reserves the right to disable the access to Skylab Apps or other services by anyone who uses them to repeatedly infringe the Intellectual Property Rights of others. If you believe a Skylab App, or elements, infringe your copyright rights, Please contact SLA’s Copyright
6440 Sky Pointe Dr. STE 140-101
Las Vegas, NV 89131
ATTN: Copyright Agent/Legal Dept.
- Please ensure your communication includes the following:
an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Skylab App;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
3. Objectionable Content. SLA may also act to remove Objectionable Content. The decision to remove Objectionable Content shall be made at SLA’s sole discretion. “Objectionable Content” includes, but is not limited to:
- Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, or libelous,
- Content that is hateful, or advocates hate crimes, harm or violence against a person or group,
- Content that may harm minors in any way,
- Content that has the goal or effect of "stalking" or otherwise harassing another,
- Private information about any individual such as phone numbers, addresses, Social Security numbers or any other information that is invasive of another’s privacy,
- Content that is vulgar, offensive, obscene or pornographic,
- Unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”,”chain letters”,”pyramid schemes”,or any other form of solicitation;
- Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
4. Content Screening and Disclosure. We do not, and cannot, pre-screen or monitor all Content. However, our epresentatives may monitor Content submission through the Skylab Apps, and you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the submission of any Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any Content. We may access, preserve or disclose any of your information or Content (including without limitation chat text) if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against us or to comply with legal process (for example, subpoenas or warrants), including those issued by courts having jurisdiction over us or you; (ii) enforce or administer our agreements with users, such as this EULA; (iii) for fraud prevention, risk assessment, investigation, customer support, providing the app services or engineering support; (iv) protect the rights, property or safety of SLA, its users, or members of the public or (v) to report a crime or other offensive behaviour.
5. Ownership of Content You Submit. Unless otherwise set forth at the point of submission, you retain ownership of all rights in any Content that you submit, through your use of the Skylab Apps. However, you grant us permission to use such Content in any way we see fit, for instance for the purposes of promotion of the Skylab Apps. If, at our request, you send submissions (such as contest submissions, polling questions) or you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the “Submissions”), such Submissions shall be deemed, and shall remain, the property of SLA. None of the Submissions shall be subject to any obligation of confidence on the part of SLA, and SLA shall not be liable for any use or
disclosure of any Submissions. Without limitation of the foregoing, SLA shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You
hereby assign to SLA all right, title and interest in and to the Submissions and you hereby waive any moral rights (and any rights of the same or similar effect anywhere in the world existing now or in the future created) relating to the Submissions in favour of SLA and its assignees, licensees and designees.
6. Repeat Infringer Policy. SLA may terminate a user's access to the Skylab App(s) if, under appropriate circumstances, the user is determined to be a repeat infringer.
7. No Intended Third Party Beneficiaries. Except as otherwise set forth herein, no third party is an intended beneficiary of this EULA.
Your rights under this EULA will terminate immediately and automatically without any notice from SLA if you fail to comply with any of the terms and conditions of this EULA. You understand that SLA, in its sole discretion, may modify or discontinue or suspend your right to access any of our services or use of any Skylab Apps at any time. Further, SLA, with or without any reason,
may at any time suspend or terminate any license hereunder and disable the Skylab Apps or any of its component features. You agree that SLA shall not be liable to you or any third-party for any termination or disabling of the Skylab Apps. Promptly upon expiration or termination of this EULA, you must cease all use of the Skylab Apps and destroy all copies of Skylab Apps in your
possession or control. Termination will not limit any of SLA’s other rights or remedies at law or in equity. Sections J-S, and any Supplemental Terms of this EULA shall survive termination or expiration of this EULA for any reason.
N. DISCLAIMER OF WARRANTY:
TO THE EXTENT THIS IS PERMITTED BY APPLICABLE LAW, ALL SKYLAB APPS ARE PROVIDED ON AN “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE”BASIS, AND YOU USE THEM AT YOUR SOLE RISK. SUBJECT TO APPLICABLE LAW, SLA, ON BEHALF OF ITSELF, AND ITS AFFILIATES, LICENSORS, DISTRIBUTORS, VENDORS, AGENTS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY ARISING UNDER THE SALE OF GOODS ACTS 1893 AND 1980, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE. WITHOUT LIMITATION, SLA MAKES NO WARRANTY THAT THE SKYLAB APPS WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE SLA PRODUCTS WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE SKYLAB APPS WILL MEET YOUR EXPECTATIONS. SLA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SKYLAB APPS; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM SKYLAB APPS OR SERVERS; ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH SKYLAB APPS BY ANY THIRD PARTY; OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SKYLAB
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SKYLAB APPS REMAINS SOLELY WITH YOU.
SLA EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING TO PRODUCTS AND/OR SERVICES PROVIDED BY THIRD PARTY PARTNERS.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
O. LIMITATION OF LIABILITY:
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT SLA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SKYLAB APPS; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (IV) ANY OTHER MATTER RELATING TO THE SKYLAB APPS. IN NO EVENT SHALL SLA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SKYLAB APP.
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
IF ANY OF THE EXCLUSIONS SET FORTH IN THIS SECTION IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN ALL SUCH EXPRESS, IMPLIED AND STATUTORY WARRANTIES SHALL BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST ACCESS THE SKYLAB APP, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SLA, ITS PARENTS, AFFILIATE AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES) ARISING FROM YOUR USE OF THE SKYLAB APPS, YOUR VIOLATION OF THE EULA OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY SLA OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
Q. EXPORT CONTROLS:
The Skylab Apps and the underlying information and technology are subject to US and international laws, restrictions and regulations that may govern the import, export, downloading and use of the Apps. You agree to comply with these laws, restrictions and regulations when downloading or using the apps.
R. NOTICE TO US GOVERNMENET END USERS:
Any Skylab Apps installed for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights as “commercial Items,” as that terms is defined at 48 C.F.R.
§2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Pursuant to Federal Acquisition Regulation 12.212 (48 C.F.R. §12.212), the U.S. Government shall have only those rights specified in the license contained herein. The U.S. Government shall not be entitled to (i) technical information that is not customarily provided to the public or to (ii) use, modify, reproduce, release,
perform, display, or disclose commercial computer software or commercial computer software documentation except as specified herein. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 C.F.R. 52.227-19, as applicable.
S. JURISDICTIONAL ISSUES AND OTHER MISCELLANEOUS TERMS:
SLA does not represent or warrant that the Skylab Apps or any part thereof is appropriate or available for use in any particular jurisdiction. We may limit the availability of the Skylab Apps, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. The laws of Ireland, without regard to conflict of laws principles, shall govern all matters relating to or arising from this EULA, and the use (or inability to use) the Skylab Apps. You hereby submit to the exclusive jurisdiction and venue of the appropriate courts of Ireland, with respect to all matters arising out of orrelating to this EULA.
No failure or delay by SLA in exercising any right, power or privilege under this EULA will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this EULA. If any provision of this EULA shall be found unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SKYLAB APPS MUST COMMENCE WITHIN THREE (3) YEARS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
T. HOW TO CONTACT US:
If you have any questions about this EULA, please contact us by email or postal mail as follows:
6440 Sky Pointe Dr. STE 140-101
Las Vegas, NV 89131
ATTN: Legal Dept.
U. SUPPLEMENTAL TERMS
1. This EULA is between SLA and you; Apple is not a party to this EULA.
2. The license granted to you hereunder is limited to a personal, limited, non- exclusive, non-transferable right to install the Skylab App on the Apple device(s) authorized by Apple that you own or control for personal, non- commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Service.
3. Apple is not responsible for Skylab App or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Skylab App.
4. In the event of any failure of the Skylab App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Skylab App, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Skylab App.
5. Apple is not responsible for addressing any claims by you or a third party relating to the Skylab App or your possession or use of the Skylab App, including without limitation (a) product liability claims; (b) any claim that the Skylab App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
6. In the event of any third party claim that the Skylab App or your possession and use of the Skylab App infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim.
7. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a”terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. 8. Apple and its subsidiaries are third party beneficiaries of this EULA and upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary hereof.
9. SLA expressly authorizes use of the Skylab Apps by multiple users through 0the Family Sharing or any similar functionality provided by Apple.
Nuance Services: Certain Skylab Apps include dictation and/or speech recognition functions—these include Speak & Translate. By utilizing the dictation and speech recognition software (“Nuance Software”) and related services (“Nuance Service”) provided by Nuance Communications Ireland Limited or its affiliates (“Nuance”), you specifically and acknowledge and agree that:
1. You agree that the Nuance Software may be used solely to access the Nuance Service and as part of the Skylab Apps.
2. You agree that SLA and its licensors retain all right, title and interest in and to the original and any copies of any software incorporated into the Skylab Apps.
3. You agree not to: (a) submit any automated or recorded requests to the Nuance Service unless otherwise approved in writing by SLA and its licensors; (b) use the Nuance Service for purposes of comparison with or benchmarking against products or services made available by third parties; or (c) knowingly take any action that would cause the Skylab Apps or Nuance Software to be placed in the public domain.
4. You acknowledge that the availability or response, or lack thereof, from any third party services, including the Nuance Service, shall not be deemed an error and that Third Party Partners may restrict or otherwise stop use of its content and/or services in its sole discretion.
5. You further acknowledge that Nuance and other Third Party Partners shall not be responsible and shall have no liability for use of third party content and services, or the availability of third party content or services.
6. IN NO EVENT SHALL SLA’S SUPPLIERS BE LIABLE TO YOU FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, COSTS OF COVER, LOSS OF USE OR DATA OR INTERRUPTION OF BUSINESS, WHETHER SUCH ALLEGED DAMAGES ARE LABELED IN TORT, CONTRACT OR INDEMNITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SHALL SOLELY LOOK TO SLA IN THE EVENT OF ANY CLAIM FOR DAMAGES RELATED TO THE
7. The use of any trademarks of third parties does not denote interoperability and does not constitute (a) an affiliation by SLA and its licensors with such company, or (b) an endorsement or approval of such company of SLA and its licensors and its products or services.
8. As part of the Skylab Apps, SLA and/or its licensors collect and use Speech Data, as defined below, to tune, enhance and improve the speech recognition and other components of the Skylab Apps, and other services and products, including use of data derived from Speech Data to develop statistical models used in acoustic and language models for speech recognition and other
components of its software and services. In accepting the terms and conditions of this EULA, you acknowledge, consent and agree that SLA and/or its licensors may collect the Speech Data as part of the Skylab Apps and that such information shall only be used by SLA and/or its licensors or third parties acting under the direction of SLA and/or its licensors pursuant to confidentiality agreements, to tune, enhance and improve the speech recognition components of its services and other services and products. SLA
and/or its licensors will not use the information elements in any Speech Data for any purpose except as set forth above. “Speech Data” means the audio files, associated transcriptions and log files provided by you hereunder or generated in connection with your use of the Skylab Apps.
9. You acknowledge, consent and agree, through your use of the Skylab Apps, to SLA and/or its licensors’ collection and use as set forth herein of Speech Data and other data collected about you, including the transfer thereof to the United States and/or other countries for storage, processing and use by SLA and/or its licensors and its Third Party Partners.
Windows Phone Store: By downloading the Skylab App from the Windows Phone Store, you specifically acknowledge and agree that:
1. You may install and use one copy of the Skylab App on up to five (5) Windows Phone enabled devices that are affiliated with the Microsoft account you use to access the Windows Phone Store. Beyond that, we reserve the right to apply additional conditions or charge additional fees.
2. You acknowledge that Microsoft Corporation, your phone manufacturer and network operator have no obligation whatsoever to furnish any maintenance and support services with respect to the Skylab App.
The information we collect about you through your use of Skylab Apps is controlled by SLA in accordance with United States law and in particular with the applicable Federal Statutes and Code of Federal Regulations governing
DATA WE COLLECT
When you use an Skylab App, SLA may collect data, including information which directly or indirectly identifies you. Your information may be kept in an identifiable format, or in an aggregate format which means that you cannot reasonably be identified from it. The information we collect about you includes:
- If an Skylab App offers you the option to register, we will collect the information you provide to us in the registration form. This may include identification data such as your name, email address or other account or registration information.
- We will also collect your information when you use Skylab Apps such as when you post or share material, upload data, request further services or make selections using the Skylab Apps, if such functionality is available in the Skylab App.
- If you opt-in, some Skylab Apps may collect movement data from your phone.
- We will collect information about you when you interact with us such as when you report a problem, contact or communicate with us.
- We may collect certain device information and electronic identifiers such as your mobile device identifier provided by your mobile device operating system, your mobile operating system details and the name of your mobile carrier. For example, if you use the iOS platform then Advertiser IDs (also known as “IDFA”) may be collected. Other identifiers collected may include IP addresses, Open UDID, Session ID, ODIn1, iOS Vendor IDs, MAC addresses, IMEI, Android ID for Android
platform, and ODIN1 for OS X (together with the IDFAs, the”App Identifiers”).
- Information about how and when you use the Skylab App. This includes the amount of times you used the Skylab App, which parts of it you viewed and other technical data such as country settings and timestamps.
- Geolocation data, which is any information which indicates the geographical position of your device and which may include the time the location was recorded. Before processing any precise GPS geolocation data, the Skylab App will require you to give your consent, which you can revoke by changing the privacy settings of your device.
- We automatically collect certain information from your device when you use the Skylab App including information about your device, carrier and other technical data.
- Contacts. With your permission, we may collect from your mobile address book contacts, including names, telephone numbers, email addresses, and social media handles, if available.
- Information You Post. We collect information or other content that you may post using Skylab Apps (such as text, photos, videos, locations, friends you are with, and music you are listening to) or actions that you take using Skylab Apps (such as commenting on friends’ content, changing your profile picture, or connecting to third-party apps). We collect this information whether you post it directly to Skylab Apps or via a third-party service. When you post things like photos or videos on Skylab Apps, we may receive additional related data (or metadata), such as the time, date, and place you took the photo or video.
- Other Apps. We receive information when you choose to connect social media or other third party accounts and applications with your account, including a token to authenticate your identity between these accounts.
- Communications. We receive the messages you send to and receive from other users of Skylab Apps. We also will receive any communications between you and SLA clients relating to Skylab Apps.
- Payment Information. We do not collect credit card information. Purchases for virtual goods or upgrades to our premium services are handled by third party app stores such as Apple’s App Store and Google Play, among others. We are not responsible for the policies and practices of such app stores.
Information Others Share About You.
We may receive information about you from other users, such as when they connect their address book to Skylab Apps, invite you to use Skylab Apps, post a photo of you, or include you in a moment or at a location.
Information We Receive From Your Use of Skylab Apps.
- Usage Information. We also collect certain information when you use Skylab Apps, including: (1) information about your interaction with the Services, including the actions you take on the Services and your interaction with other users, third party applications, and advertisements; and (2) device information, such as unique device identifiers, wireless service provider or mobile carrier, operating system information, IP address, browser type and language.
- Location Information. We will collect location information if you provide it to us or based on, for example, your telephone’s GPS coordinates, unless you configure your operating system settings to prevent our collection of location information.
- Music. We may collect information about what music you are listening to.
- Cookies and Other Tracking Technologies. We may also collect certain information through the use of “cookies” and other tracking technologies. Cookies are small files that your browser places on your computer. We may use session cookies, persistent cookies, and other tracking technologies to better understand how you interact with Skylab Apps, to monitor usage by our users and web traffic routing on Skylab Apps, and to improve Skylab Apps. Most Internet browsers automatically accept cookies. You can instruct your browser, by editing its options, to stop accepting cookies or to prompt you before accepting cookies from the websites you visit.
- Subscription Information. For some users, in addition to the information set forth above, we also collect the user’s subscription start and expiration date, and whether the subscription resulted from a particular promotion.
We are committed to providing you with meaningful choices about the information collected from you on our Skylab Apps for third party purposes, and that is why we provide the links below to the NAI “Consumer Opt-out,” DAA opt-out, and Google opt-out that are only applicable to participating third parties, which does not include SLA. As stated below you may also block certain App Identifiers by changing the settings of your device. However, we do not currently recognize or respond to browser-initiated Do Not Track signals, as the Internet industry is still working on Do Not Track standards, implementations and solutions.
HOW WE USE THE INFORMATION WE COLLECT
We may use your information we collect to:
- Deliver the Skylab Apps to you and ensure their optimal functionality and operation;
- Provide you with customer support;
- Perform research and analysis about your use of, or interest in, our products, services, or content;
- In accordance with applicable law, communicate with you by e-mail, postal mail, telephone and/or mobile devices (including through in- application advertising) about products or services that may be of interest to you either from us, our parent or subsidiary companies or other third parties. If you do not wish to receive in-application advertising, you can upgrade to the paid version of the app;
- Develop and display content and advertising tailored to your interests and to measure its effectiveness;
- Verify your eligibility and deliver prizes in connection with contests and sweepstakes and in order to conduct polls and surveys;
- Enforce our terms, conditions and policies and to communicate with you;
- Manage and improve the Skylab App. For this purpose, we may use and combine your information which we collect across different Skylab Apps used by you;
- When we collect your precise GPS geolocation data (subject to your consent), we do so for the purpose of providing you with our location- related products and services, for example to provide you with forecast and weather alerts for your location.
- When you share your information with us via a social network provider like Facebook, we use this to show information on your social network profile (subject to your privacy setting and preferences for such social network) and to allow you to share information about our services with your connections or on your social network profile.
- When you use a Skylab App, we may use the App Identifiers to facilitate access to the Skylab Apps, help us recognize you across different Skylab Apps, to enable you to use the Skylab Apps, to personalize your experience, to increase security, measure the use and effectiveness of our Skylab Apps and serve advertising. You can block certain App Identifiers by changing the settings of your device;
- To provide Skylab Apps or information you request;
- To personalize, improve, and promote Skylab Apps, such as providing content or features that match your profile or interests (including ads), and to monitor and analyze usage and trends;
- To help you to find and connect with your friends, including inviting them to use Skylab Apps, and to help your friends find you;
- To communicate with you through email or messages, notices posted on Skylab Apps, and other means available through the Services, including mobile text messages and push notifications. Examples of these messages include: (1) welcome and engagement messages; (2) a text message to enable you to verify your telephone number; (3) service-related messages such as notifications, confirmations, updates, and security alerts; and (4) promotional messages. We will also communicate with you to provide customer service;
- For any other purpose for which the information was collected.
SHARING YOUR INFORMATION
We do not share your information with others except as indicated below:
- We may share your information with our authorized service providers that perform certain services on our behalf. These services may include providing customer service and marketing assistance, performing business and sales analysis, supporting our Skylab Apps functionality, and supporting marketing promotions (e.g., contests and sweepstakes) surveys and other features offered through our Skylab Apps. These service providers may have limited access to your information, which is needed to perform their functions, but are not permitted to share or use such information for any other purposes.
- When you engage in promotions offered through the Skylab Apps, we may share your information with the businesses with which we partner to offer you those products, services, promotions, contests and/or sweepstakes; unless, we have otherwise committed to you that we will not share specific information you provided. When you elect to engage in a particular merchant’s offer or program, you authorize us to provide your email address and other information to that merchant.
- We may also allow third-parties, including our authorized service providers, parent and subsidiary companies, affiliates, advertising companies, and ad networks, to display advertisements in the Skylab Apps or use App Identifiers for the purpose of advertising and direct marketing. These companies may use technologies to collect information about users who view or interact with their advertisements. This information allows them to deliver targeted advertisements and gauge their effectiveness.
- We combine information internally at SLA across different Skylab Apps. This means, for example, that we may combine your information from our Notepad app with information we have about you in our Emoji app. This will enable us to provide more tailored and personal experiences and services to you across our family of Skylab Apps.
- Other Situations. We may disclose your information (i) in response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency, (ii) in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; (iii) to protect and defend the rights, property or safety of our company, our users, our employees, or others; (iv) to comply with applicable law or cooperate with law enforcement; (v) to enforce our Skylab Apps terms and conditions or other agreements or policies; and (vi) in connection with a substantial corporate transaction, such as the sale of our business or the Skylab Apps, a divestiture, merger, consolidation, or asset sale or transfer, or in the unlikely event of bankruptcy. In addition, we may share aggregated information we collect, under any of the above circumstances, with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis or other legitimate business purposes. Please note that such aggregated information will not include any information which allows third parties to identity you.
HOW WE PROTECT YOUR INFORMATION
The security and confidentiality of your information is very important to us, so we take appropriate security measures (including physical, electronic and procedural measures) to help safeguard your information from unauthorized access and disclosure. Please know that, despite our efforts, no security measures are perfect or impenetrable.
INFORMATION RELATING TO CHILDREN
The Skylab Apps are not directed to children under the age of 13. We do not knowingly collect (or knowingly allow any third party to collect) information from persons under the age of 13. If we become aware that information has been collected from a person under the age of 13, we will delete this information and terminate the person’s account as quickly as possible. If you believe that we may have information from or about a child under the age of 13, please contact us at firstname.lastname@example.org and we will promptly delete that information.
WHERE WE STORE YOUR INFORMATION
The information that we collect from you may be transferred to, and stored at, a destination outside of your country and/or the European Economic Area and, in particular, the US. It may also be processed by any service providers appointed by us who operate outside your country. By submitting your data, you agree to this transfer, storing or processing outside of your country. Data
HOW LONG WE STORE YOU INFORMATION
Uninstallation and removal methods vary depending on your device. To uninstall and remove the Skylab Apps, please use the application manager provided with your device or consult your device manual for reference. Any of your data stored by us will be deleted after a reasonable period following deletion of an Skylab App.
ACCESS TO AND CHOICES REGARDING YOUR INFORMATION
You have the right to access information held about you or require it to be modified if inaccurate or deleted. Your right of access can be exercised by contacting us using the details set out below. Any access request may be subject to a fee to meet our costs in providing you with details of the information we hold about you.
HOW TO CONTACT US
Skylab Apps, Inc.
6440 Sky Pointe Dr. Ste 140-101
Las Vegas, NV 89131