Last updated September 30, 2014
You represent and warrant that you are 18 years of age or older or using the Website under the supervision of a parent or guardian. You represent and warrant that the information you submit to SmartSky is true and accurate and that your use of the Website will not violate any applicable law or regulation.
LICENSE AND SITE ACCESS
SmartSky grants you a limited, revocable, nontransferable, nonexclusive license to access and use this Website. You may not modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Website or any portion of the Website without the express written consent of SmartSky. Neither this Website nor any portion of this Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. Except as may be authorized by SmartSky, you may not resell or make commercial use of this Website or its contents, or of any product or service listings, descriptions, or prices, or make any use of data mining, robots, or similar data gathering and extraction tools. Except as expressly provided herein, you may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, video, or form) of SmartSky without its express written consent. You may not use any meta tags or any other “hidden text” utilizing SmartSky’s name or trademarks without the express written consent of SmartSky. You may not use the Website in such a manner that threatens the integrity, security, performance, or availability of the Website. You must retain, without modification, all proprietary notices on the Website or affixed to or contained in the Website. Any unauthorized use, as determined solely by SmartSky, terminates this license.
Other users of the Website may post certain information or provide opinions or advice as part of the Website. Information provided by users of the Website is solely the opinion of such users and does not express the opinions of SmartSky. When reviewing such information, you should not assume that the user is unbiased, independent, or qualified to provide the information or advice. SmartSky does not necessarily exercise editorial control over content created or posted by others. Where information contained on the Website comes from third parties, even where it may have been obtained by SmartSky, SmartSky makes no representations about the suitability of such content for any purpose. When reviewing any information on the Website including user-generated or provided by a third-party, it is important to understand that such information is not a guarantee by SmartSky, and that your actual experience may be different. Neither SmartSky nor any of its data or content providers guarantee the accuracy, completeness, or timeliness of information on the Website, and shall not be liable for any errors or delays in the content or for any actions taken in reliance thereon.
CUSTOMER SUBMISSION OF CONTENT TO THE WEBSITE
SmartSky may, from time to time, permit Users of the Website to post comments or information on the Website. If you do so, in consideration of your use of the Website, you agree as follows with respect to content submitted:
- You are the sole author any content you post and that you have all necessary intellectual property rights with regard to the content you post;
- you have voluntarily waived all “moral rights” that you may have in such content;
- you have posted all accurate and truthful content;
- you are at least 13 years old; and
Additionally, all content submitted by you shall not:
- Be false, inaccurate, or misleading;
- infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- violate any law, statute, ordinance or regulation (including but not limited to those governing consumer protection, unfair competition or false advertising);
- be (or be reasonably considered to be) defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership, or corporation;
- include any information that references other websites, addresses, email addresses, contact information or phone numbers; or
- contain any computer viruses, worms or other potentially damaging computer programs or files.
You further agree that SmartSky (and its officers, directors, equity owners, agents, creditors, subsidiaries, joint ventures, employees and third-party service providers) is not legally responsible for any and all kinds of claims, demands, and damages (actual, incidental and consequential). This may include but is not limited to attorneys’ fees arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
With regard to all content submitted by you, SmartSky is hereby granted a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete fully, adapt, publish, translate, create derivative works from and/or sell and/or distribute and/or incorporate such content into any form, medium, or technology anywhere in the world without compensating you.
You acknowledge that you are responsible for the information and material that you submit or transmit to the Website (your “Submissions”), and that you, and not SmartSky, will retain full responsibility for each of your Submissions, including its legality, reliability, appropriateness, originality, and copyright. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content and may not post material that consists of or contains political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not upload to, distribute, or otherwise publish through the Website any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, hateful, or racially, ethnically or otherwise objectionable, or could give rise to any civil or criminal liability under U.S. or international law; (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties or (d) you were compensated for or granted any consideration for by any third party. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization. Harassment in any manner or form on the Website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden.
All Submissions become the property of SmartSky and by submitting a Submission you hereby automatically assign to SmartSky any and all rights of ownership to the Submission. SmartSky has the right to use, copy, reproduce, modify, adapt, transmit, publish, translate, distribute, create derivative works from, and display your Submissions in any way as SmartSky sees fit, in whole or in part, in any form, media and technology now known or later developed. You acknowledge that your Submission will not be returned and that SmartSky may use your Submission, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose and without any right to receive notice of, or to inspect or approve, any use of the Submissions. You grant SmartSky and its sublicenses the right to use the name that you submit in connection with such content, if they choose. You further represent and warrant that immediately prior to making a Submission: (i) you own all right, title, and interest in such Submissions, and (ii) the posting of your Submissions on or through the Website does not (and will not) violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity.
SmartSky attempts to be as accurate as possible. However, SmartSky does not warrant that product descriptions, product prices or other content of this Website are accurate, complete, reliable, current, or error-free. If a product offered by SmartSky itself is not as described, your sole remedy is to return it in unused condition.
This Website may be accessed from countries other than the United States. This Website may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Website outside the United States you are responsible for complying with your local laws and regulations.
All content included on this Website, such as text, graphics, logos, button icons, images, video, audio clips, data compilation, and software, is the property of SmartSky or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of SmartSky and protected by U.S. and international copyright laws. All software used on this site is the property of SmartSky or its software suppliers and protected by United States and international copyright laws.
SmartSky NetworksTM and other SmartSky graphics, logos, page headers, button icons, and scripts are trademarks, service marks, registered trademarks, registered service marks or trade dress of SmartSky in the U.S. and/or other countries. SmartSky’s trademarks, service marks and trade dress may not be used in connection with any product or service that is not SmartSky’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SmartSky. All other trademarks not owned by SmartSky that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SmartSky.
SmartSky respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide SmartSky with the written information specified below:
The name, address, telephone number 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 upon;
- A description of where the material that you claim is infringing is located on the Website;
- Your address, telephone number, and e-mail 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; and
- A statement by you, made under penalty of perjury, 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.
Please note that this procedure is exclusively for notifying SmartSky that your copyrighted material has been infringed.
DISCLAIMER OF WARRANTIES
LIMITATION OF LIABILITY
SMARTSKY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATED TO THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
SmartSky Networks, LLC
4690 First Flight Dr.
Charlotte, NC 28208 1-800-660-9982