These Website/App Terms and Conditions (these “Terms” or these “Website/App Terms and Conditions”) contained herein on this webpage, shall govern your use of Sketro website/App, including all pages within this website/App (collectively referred to herein below as “The Website/App”). These Terms apply in full force and effect to your use of this Website/App and by using this Website/App, you expressly accept all terms and conditions contained herein in full. You must not use this Website/App, if you have any objection to any of these Website/App Standard Terms and Conditions.
This Website/App is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website/App if you a minor.
INTELLECTUAL PROPERTY RIGHTS
Other than content you own, which you may have opted to include on this Website/App, under these Terms, The Website/App and/or its licensors own all rights to the intellectual property and material contained in this Website/App, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website/App.
You are expressly and emphatically restricted from all of the following:
Certain areas of this Website/App are restricted from access by you and The Website/App may further restrict access by you to any areas of this Website/App, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website/App are confidential and you must maintain confidentiality of such information.
In these Website/App Terms and Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website/App. With respect to Your Content, by displaying it, you grant The Website/App a non-exclusive, worldwide, irrevocable, royalty-free, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be infringing on any third party’s rights. The Website/App reserves the right to remove any of Your Content from this Website/App at any time, and for any reason, without notice.
This Website/App is provided “as is,” with all faults, and The Website/App makes no express or implied representations or warranties, of any kind related to this Website/App or the materials contained on this Website/App. Additionally, nothing contained on this Website/App shall be construed as providing consult or advice to you.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE WEBSITE/APP, NOR ANY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES, BE LIABLE TO YOU FOR ANYTHING ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE/APP, WHETHER SUCH LIABILITY IS UNDER CONTRACT, TORT OR OTHERWISE, AND THE WEBSITE/APP, INCLUDING ITS OFFICERS, DIRECTORS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THIS WEBSITE/APP.
The site, including without limitation the embedded viewer and the sketro content, are provided “as is” and sketro and its directors, employees, content providers, agents and affiliates exclude, to the fullest extent permitted by applicable law, any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. Sketro will not be liable for any damages of any kind arising from the use of the site or the sketro content, or the unavailability of the same, including, but not limited to lost profits, and direct, indirect, incidental, punitive and consequential damages. The functions embodied on or in the materials of this site are not warranted to be uninterrupted or without error. You, not sketro, assume the entire cost of all necessary servicing, repair or correction due to your use of this site or the sketro content. We make no warranty that the site or the sketro content is free from infection by viruses or anything else that has contaminating or destructive properties.
Sketro uses reasonable efforts to ensure the accuracy, correctness and reliability of the sketro content, but we make no representations or warranties as to the sketro content’s accuracy, correctness or reliability.
Sketro offers a search feature within the site. Sketro explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. Sketro also disclaims any responsibility for the completeness or accuracy of any directory or search result.
Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
You hereby indemnify to the fullest extent The Website/App from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
Any waiver of any provision of the site terms will be effective only if in writing and signed by Sketro. If any clause in these site terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
VARIATION OF TERMS
The Website/App is permitted to revise these Terms at any time as it sees fit, and by using this Website/App you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website/App.
The Website/App shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, .you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
You are prohibited from using any of the marks or logos appearing throughout the Site without permission from Our Website/App.
Our Website/App cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files, or programs.
Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Arbitration Consumer Rules (together, the "AAA Rules"). Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed upon location.
By agreeing to arbitration under the AAA Rules, the parties agree, among other things, that the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive power to rule on any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim.
Prior to beginning an arbitration proceeding, you must send a letter describing your Claims to "Datacenters.com Legal: Arbitration Claim" at our principal office address then-listed on the Site. If we request arbitration against you, we will give you notice at the email address or street address you have provided. The AAA's rules and filing instructions are available at www.adr.org.
These Terms, including any legal notices and disclaimers contained on this Website/App, constitute the entire agreement between The Website/App and you in relation to your use of this Website/App, and supersede all prior agreements and understandings with respect to the same.