“Skylum” is a trading name of Shinyfields Limited, a Cyprus limited liability company, which operates websites itself and through certain affiliates, including Skylum Software USA, Inc., a Nevada corporation (collectively, “Skylum”).
You must be over the age of 18 to purchase products or register an account. You must be over the age of 13 to use the Website.
Regardless of your age, you are not eligible to use the Websites if doing so would violate any U.S. law or regulation, including but not limited to export controls or restrictions.
If you are otherwise eligble, you may register with Skylum and create an account in order to manage software, and to access the videos, instructional programs and other materials which may be made available from time to time on the Website, and to participate in activities managed or operated through the Website. In order to register on the Website you can fill in a registration form or log in via Facebook or Google. For special programs , contests or specific purposes we may impose separate registration procedures.
You are responsible for keeping your account and/or password secure and confidential. Please do not share your user name or password with anyone and do not leave your password and account details unsecured. You accept all responsibility for all activity that occurs under your account, user name and password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account or password.
We reserve the right to terminate or suspend your account, to refuse service, remove or edit content on the Website immediately, without prior notice or liability, in our sole discretion, for any reason or no reason.
If you wish to terminate your account, please contact us at firstname.lastname@example.org to do so.
If you wish to purchase licenses to any Skylum software, applications, third party products or applications available for purchase and/or use, including trial versions of our products (“Skylum Software” or “Products”), information about the Products may be made available on the Website, but you may be directed to complete the transaction on websites of our partners, authorized resellers, distributors or other third party suppliers.
Our Website contains links to third party websites, resources, products or services, including, but not limited to, the websites of our resellers or distributors where you may purchase licensed Products. Such links are provided only for reference and convenience. We have no control over such websites and assume no responsibility for their content or their operation.
Any link to third party websites that you may find on our Website, other than those of resellers or distributors, does not imply affiliation with Skylum, and we do not endorse any third parties or their websites.
You acknowledge and agree that Skylum shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any content or functionality made available, or purported to be available, on or through any third party websites, including those of our resellers and distributors.
The Website may contain typographical errors or other inaccuracies, including pricing errors, and may not be complete or current. We reserve the right to correct any such errors, inaccuracies or omissions and to change or update information at any time without prior notice.
We reserve the right at any time and from time to time to modify or discontinue the Website, or any part thereof, temporarily or permanently, with or without notice.
You agree that you will not violate any applicable law or regulation in connection with your use of the Website. Without limiting the foregoing, you agree that you will not make available through the Website any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
You agree not to distribute, upload, make available or otherwise publish through the Website any Material that:
You must keep your user name and password and any other information needed to login to the Website, if applicable, confidential and secure. We are not responsible for any unauthorized access to your account or profile by others.
You further agree that you will not do any of the following:
You are not licensed to access any portion of the Website that is not public, and you may not attempt to override any security measures in place on the Website.
Notwithstanding the foregoing rules of conduct, our unlimited right to terminate your access to the Website shall not be limited to violations of these rules of conduct.
We may allow you to submit, post, link, store, share and otherwise make available certain information through the Website, including but not limited to, text, documents, photograph, images, artwork, graphics, video, comments, audio, scripts or other materials ("Materials"). You are responsible for all Materials you make available on the Website, including its legality and reliability.
You are under no obligation to submit anything to us or to make any Materials available through the Website. If, however, you choose to submit any Materials to Skylum or to the Website, or otherwise make available any Materials through the Website, you hereby grant to Skylum a perpetual, irrevocable, unlimited, transferrable, sub-licensable through multiple tiers, non-exclusive, worldwide, royalty-free license to reproduce, use, modify, display, perform, distribute, translate, create derivative works from, monetize and otherwise fully exploit any such Materials in any manner determined by us, including without limitation distributing part or all of the Materials in any media format through any media channels, as well as to commercially use the rights of publicity, persona, image and name of the individuals depicted in such Materials.
By submitting any Materials to us, you hereby agree, warrant and represent that: (a) you are authorized to submit the Materials to us for republication through the Website, and you have secured any necessary licenses or permissions from rights owners relating to the Materials, including but not limited to copyright licenses or licenses to rights of publicity; (b) the Materials do not contain proprietary or confidential information; (c) the provision of the Materials, and their use by us in connection with the Website, is not and will not be a violation of any third-party’s rights; (d) all Materials are accurate and true; (e) we are not under any confidentiality obligation relating to the Materials; (f) we shall be entitled to use or disclose the Materials in any way; (g) you are not entitled to compensation in exchange for the Materials, and (h) neither you or anyone else is entitled to attribution relating to the Materials.
To the fullest extent permitted by the law, you also irrevocably agree: (i) consent to any act or omission that would otherwise infringe your moral rights in the Materials, if any; (ii) waive all or your moral rights in the Materials to the extent existing under applicable law; and (iii) ensure that all other persons who were involved in the development of the Materials or who have a right to the Materials which you submit to us provide the above consents and waivers to the extent that they own moral rights in the Materials to the extent existing under applicable law. If it necessary under the applicable law, or desirable, you agree to give, or procure all other relevant persons to give, a written consent and waiver and/or execute and deliver any other document upon our request that may be submitted to you at any time.
You acknowledge that we are under no obligation to maintain the Website, or any information, Materials or other matter you submit, post or make available to Skylum or on the Website. We reserve the right to withhold, remove, edit and or discard any such material at any time.
The Website may make it possible for you to choose to share certain information with the public or other users of the Website. You understand that by designating information to be shared through the Website, you may be revealing information that yourself, including your identity and location. You further acknowledge that by sharing Materials with the Website, you may be enabling third-parties to access, view, tag, edit, download or otherwise use or interact with the Materials. You understand and acknowledge that you are fully aware and responsible for the impact of sharing such materials, and you agree that we shall not be held responsible for, and we shall be released and held harmless by you from, any liability or damages arising out of such conduct.
If we discover that a child under the age of 13 has provided personally identifiable information to us, we will delete the child’s information in accordance with the Children's Online Privacy Protection Act. Please see the Federal Trade Commission's website (www.ftc.gov) for more information.
Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your Internet Service Provider for more information.
TO THE FULL EXTENT SUCH DISCLAIMERS ARE PERMITTED BY LAW, YOU AGREE AND ACKNOWLEDGE THAT THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. SKYLUM, FOR ITSELF AND ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, LICENSORS AND SUPPLIERS OF GOODS AND SERVICES (COLLECTIVELY, “RELATED PARTIES”) SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, ACCURACY, SUITABILITY, APPLICABILITY, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY OTHER WARRANTIES OF ANY KIND. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY.
USE OF THE WEBSITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT DATA TRANSMISSION OR STORAGE IS SECURE OR THAT THE WEBSITE IS FREE OF INACCURACIES, MISREPRESENTATIONS, VIRUSES OR OTHER HARMFUL INFORMATION OR COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR ANY OF OUR RELATED PARTIES BE LIABLE TO YOU BASED ON OR RELATED TO YOUR USE OR ACCESS OF THE WEBSITE, WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WE SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, EVEN IF WE AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notwithstanding the foregoing, in the event that a court shall find that the above disclaimers are not enforceable, then you agree that neither we nor any of the Related Parties shall be liable for (1) any damages in excess of $500.00 or (2) any indirect, incidental, punitive, special, or consequential damages or loss of use, lost revenue, lost profits or data to you or any third party from your use of the Website. This limitation shall apply regardless of the basis of your claim or whether or not the limited remedies provided herein fail of their essential purpose.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the following address: email@example.com
Within fifteen (15) days after the commencement of arbitration, the parties shall either agree on a single arbitrator, or if they cannot so agree, then each party shall select one (1) person to act as arbitrator and the two (2) selected shall select a third arbitrator within ten (10) days of their appointment. If the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the AAA.
Consistent with the expedited nature of arbitration, each party will, upon the written request of the other party, promptly provide the other with copies of documents relevant to the issues raised by any claim or counterclaim. Any dispute regarding discovery, or the relevance or scope thereof, shall be determined by the chair of the arbitration panel, which determination shall be conclusive.
The arbitrators shall not award consequential or punitive damages in any arbitration initiated under this section. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE WEBSITE CONTRIBUTOR OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER WEBSITE CONTRIBUTOR OR USER.
To the extent arbitration does not apply, you agree that any dispute arising out of or relating to the Websites, or to us, may only be brought by you in a state or federal court located in the State of New York County of New York. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN NEW YORK COUNTY.
You agree that no joint venture, partnership, employment, or agency relationship exists with Skylum as a result of the use of this Website or the purchase of Products through this Website or a linked website.