Skullwink Entertainment Terms of Use
Welcome to an application developed by Larry Ted McBride (‘the Developer’, ‘Skullwink’) and Skullwink Entertainment ('we' or 'us'). The following terms and conditions, together with any documents they expressly incorporate by reference, including without limitation the Privacy Policy (collectively, these “Terms of Use” or “Terms”), govern your access to and use of any mobile applications and websites, including without limitation any content, functionality and services offered therein (collectively, the “Platform”).
Please read the Terms of Use carefully before you start to use the Platform.
BY ACCESSING, BROWSING OR USING THE PLATFORM (INCLUDING YOUR SUBMISSION OF INFORMATION TO THIS PLATFORM), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF USE, INCLUDING THE PRIVACY POLICY (WHICH IS INCORPORATED HEREIN FOR ALL PURPOSES), AND TO COMPLY WITH ALL APPLICABLE UNITED STATES LAWS AND REGULATIONS. You agree that the Terms of Use, combined with your act of using the Platform, have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature. You further agree that you shall not challenge the validity, enforceability, or admissibility of the Terms of Use on the grounds that it was electronically transmitted or authorized.
This Platform is offered and available to users who are 13 years of age or older. By using this Platform and any services provided by this Platform (the “Services”), you represent and warrant that you meet the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Platform or use the Services.
Contact Information
Should you have any questions about these Terms of Use, please contact us at:
Larry Ted McBride
SkullWink
1508 West Plummer St
Eastland, TX 76448
Or support@skullwink.com
The Applications
This section applies to your use of any apps published by the Developer and SkullWink and its associated webpages, if any (collectively, an “Application”). Downloading an Application and using any features of an Application is free; however, some features may only be available through in-app purchases. By accessing or using the Platform or an Application, you consent to be solicited by the Developer for in-app purchases.
Platform Usage
You agree to use the Platform and the Application only for lawful purposes and only for your own personal, non-commercial use. You may not, for example, use the Platform to transmit, post, download, distribute, copy, display publicly, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, offensive, threatening, defamatory, abusive or hateful.
You are prohibited from violating or attempting to violate the security measures on the Platform, including, without limitation:
1. Attempting to probe, scan or test the vulnerability of the system or network or to breach security or authentication measures without proper authorization;
2. Attempting to interfere with service to any user, host or network;
3. Sending unsolicited e-mail, including promotions and/or advertising of products or services;
4. Hijacking all or any part of the Platform content, deleting or changing any Platform content, deploying pop-up messages or advertising, running or displaying this Platform or any Platform content in frames or through similar means on another Platform, or linking to the Platform or any page within the Platform, without our specific written permission;
5. Using a false password or one belonging to another user or accessing data not intended for the user or logging into a server or account which such user is not authorized to access; or
6. Disclosing a password or permitting a third party to use a password or failing to notify us if a password is compromised.
We have absolute discretion to determine if any use violates these rules and to act as we deem appropriate in the event of any violation, including termination of your access to the Platform and the Application. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, cooperate with, and make disclosures to, law enforcement authorities in identifying and prosecuting users who are involved in such violations.
Platform Contents
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, audio, video clips, text, “look and feel”, layout, graphics, messages, files, documents, and written and other materials that appear as part of the Platform (collectively, the “Contents”) whether publicly posted or privately transmitted, as well as all derivative works are property owned, controlled, licensed or used with permission by the Developer. The Platform as a whole and its Contents are protected by copyright, trademark, trade dress and other laws and all worldwide right, title and interest in and to the Platform and its Contents are owned by the Developer or used with permission. All trademarks and service marks appearing on this Platform are property of the Developer or are used with permission of the owner. You agree not to display or use such marks without the Developer’s prior written permission. the Developer disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names and trade names other than its own.
The Contents of the Platform, and the Platform as a whole, are intended solely for personal, non-commercial use by the users of the Platform and may not be used except as permitted in these Terms of Use. No right, title or interest in any downloaded materials or software is transferred to you as a result of any downloading or copying. Except as expressly permitted herein, you may not reproduce, republish, publish, upload, post, transmit, distribute (including by email or other electronic means), publicly display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents or the Platform without the prior written consent of the Developer or the owner of such material. Nothing contained on this Platform grants or should be construed as granting, any license or right to use, implied or otherwise, any trademarks, trade names, service marks, trade dress, copyrighted or other proprietary material displayed on this Platform without the prior written consent of the Developer or the owner of such material. All rights not expressly granted herein by the Developer to you are reserved by the Developer and/or its licensors. Third-party trade names, product names and logos, contained in this website may be the trademarks or registered trademarks of their respective owners.
The information presented on or through the Platform is made available solely for general informational purposes. We may update the content on this Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.
Requests to use the Contents for any purpose other than as permitted in these Terms should be directed to the Developer at the contact information provided above.
User Content
From time to time, the Developer may offer the ability for Platform users to publish or upload information or comments to the Platform. This functionality may be reserved for registered users. the Developer reserves the right, but has no obligation, to monitor the information or material you submit to the Platform. the Developer will have the right to remove any such information or material that in its sole discretion violates, or may violate, any applicable law or these Terms or upon the request of any third party.
You will not post, download, or copy on the Platform, transmit to other users, communicate any content (or links thereto), or otherwise engage in any activity on the Platform that:
1. Violates any applicable law or regulation;
2. Promotes or enables illegal or unlawful activities;
3. Will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others;
4. Violates the privacy or publicity or other personal rights of others;
5. Misrepresents affiliation, connection or association with, any person or entity;
6. Is intended to deceive or defraud other users of the Platform;
7. Is libelous, obscene, profane, inaccurate, sexually suggestive, offensive, threatening, defamatory, abusive or hateful;
8. Promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
9. Is intended to or tends to annoy, threaten, harass, or intimidate any other users of the Platform;
10. Contains video or images of another person without his or her permission;
11. Contains, collects or solicits personal information about a minor; or
12. Distributes another person’s personal information without his or her permission, or collects or solicits another person’s personal information for commercial or unlawful purposes.
Other Platform users may post information that is protected under copyright laws (whether or not identified as such). You agree that you will not copy, download, modify, publish, transmit, distribute, perform, display, commercially use, or sell any the Developer or third party proprietary information available on or through the Platform.
By posting information or content to any public area of the Platform you grant, and you represent and warrant that you have the right to grant, to the Developer and its affiliates an irrevocable, perpetual, non-exclusive, fully-paid, royalty-free, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
Your Privacy Rights
All information we collect on this Platform is subject to our Privacy Policy. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Indemnification
You shall indemnify, defend and hold harmless the Developer and its business affiliates, subsidiaries, affiliates, officers, directors, employees, attorneys and agents, from and against any and all damages, claims and actions brought by you or any third party resulting from: (a) your use of or inability to use the Platform, (b) the infringement by you of any intellectual property rights of any person or entity, (c) your violation of the Terms, (d) any content or data entered by you, (e) the breach of any warranty or representation made by you in the Terms, or (f) your violation of any applicable laws, rules or regulations.
Disclaimer and Limitation of Liability
THE CONTENT, SERVICES, INFORMATION AND ACCESS TO THE PLATFORM ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. THE DEVELOPER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE DEVELOPER DOES NOT WARRANT THAT ANY PART OF THE PLATFORM WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT TRANSMISSION TO OR FROM THE PLATFORM AND ACCESS TO THE PLATFORM WILL BE UNINTERRUPTED, CONTINUOUS, OR ERROR-FREE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE DEVELOPER OR ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, ATTORNEYS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, AND INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES, EVEN IF THE DEVELOPER HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE PLATFORM, OR THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OF LIABILITY OR DAMAGES.
Modification
The Developer, in its sole discretion, reserves the right to update, revise, supplement and to otherwise modify these Terms of Use, and to impose new or additional terms and conditions on your use of the Platform from time to time. Such updates, revisions, supplements, modifications and additional rules, polices, terms and conditions will be effective immediately upon posting to the Platform. You agree to review the Terms upon each visit to the Platform. If, in our opinion, a change is material, we will also provide you with notice at least thirty (30) days in advance of the material change. Such notice may include posting a notice on the Platform or sending notification to the email address connected with your account. Your continued use of the Platform following such notice will be deemed to conclusively indicate your acceptance of the revised Terms.
Written May 10, 2019