Effective Date: June 18, 2020
Acceptance of the Terms of Service
Thank you for visiting our websites, including those located at skyship.tv and www.kcsisoft.com (referred to in these Terms of Service as the “Websites”). These Terms of Service are a legal agreement between people who visit the Websites (referred to as a “user” or “users”) and Skyship Entertainment Company (referred to as “Skyship”, “we”, or “us”). These Terms of Service govern access to and use of the Websites by users. By using and accessing the Websites, users, on their own behalf and on behalf of their children, agree to these Terms of Service. Users who do not agree to these Terms of Service should not use the Websites.
Modifications to the Terms of Service and to the Websites?
Skyship may, in our sole discretion, amend these Terms of Service at any time. Any updates will be effective when posted on the Websites. Users are responsible for periodically reviewing the Terms of Service to be aware of changes. By continuing to use the Websites, users agree to such changes.
The Websites, and the information and material on the Websites, may be changed by Skyship at any time. Skyship will not be liable if, for any reason, all or any part of the Websites is restricted to users or unavailable at any time.
User’s Use of the Websites
The security of user information is very important to us. We use measures designed to secure user information from accidental loss and from unauthorized access, use and disclosure.
The safety and security of user information also depends on users. Users are responsible for their own access to the Websites. Users must ensure anyone who accesses the Websites through their internet connection is aware of these Terms of Service and complies with them. It is a condition of using the Websites that all the information users provide on the Websites and/or to us related to the Websites is correct, current, and complete. If such information has changed, contact us immediately at the contact information below.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect user information, we cannot guarantee the security of user information transmitted to our Websites. Any transmission of information is at a user’s own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Websites.
Users are prohibited from attempting to circumvent or violate the security of the Websites, including: (a) accessing content and data that is not intended for them; (b) attempting to breach or breaching the security and/or authentication measures; (c) restricting, disrupting or disabling service to other users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting our ability to monitor the Websites; (f) using any robot, spider, or other automatic device, process, or means to access the Websites for any purpose, including monitoring or copying any material on the Websites; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is, or potentially is, malicious or technologically harmful; (h) attacking the Websites via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Websites.
Intellectual Property Rights and Ownership?
The Websites and all of their content, features, and functionality (collectively, the “Website Content”), including, without limitation, all information, software, code, text, displays, graphics, photographs, video, audio, audio-visual content, design, presentations, selections, and arrangements, are owned by Skyship and are protected in all forms by intellectual property laws including, without limitation copyright, trademark, moral rights and any other proprietary rights.
All trademarks, logos, product and service names, designs, images, and slogans displayed on the Websites or within the Website Content are trademarks of Skyship and/or others. Users may not use such intellectual property without the prior written permission of the trademark owner. Use of any such intellectual property, except as expressly authorized in writing, will constitute an infringement and/or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
Users may only use the Websites for personal and non-commercial use. Users shall not remove or alter any copyright, trademark or other legal notices from the Websites or the Website Content. Users may not modify, copy, distribute, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Websites except where Skyship has given express written permission in advance or is otherwise permitted by law. Skyship expressly permits the following uses:
- users’ computers and browsers may temporarily store, or cache, copies of Website Content being accessed and viewed;
- users may download and print a reasonable number of copies of Website Content (including materials from our “Printables” sections)? for their personal, non-commercial and lawful use only, provided that no proprietary notices are removed from such materials, and provided that Skyship shall determine what is deemed reasonable in the circumstances; and
- in the event social media platforms are linked to certain content on the Websites, users may take such actions as the Websites and such third-party social media platforms specifically allow.
If a user prints, copies or downloads any part of our Websites in breach of these Terms of Service, that user’s right to use the Websites will cease immediately and that user must, at our option, return or destroy any copies of the materials they printed, copied or downloaded. Users have no right, title, or interest in or to the Websites or to any Website Content, and all rights not expressly granted are reserved by Skyship. Any use of the Websites not expressly permitted by these Terms of Service is a breach of these Terms of Service and may infringe or violate copyright, trademark, and/or other intellectual property or other proprietary laws, and could subject the infringer to legal action.
User Submissions and Conditions of Use
Users warrant and agree that any use of the Websites and any User Submissions will not:
- Use the Websites in violation of any applicable law.
- Violate the Terms of Service of any third-party website that is linked to the Websites, including but not limited to, any third-party social media website.
- Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in our sole discretion.
- Involve stalking, attempting to exploit or harm any individual (including but not limited to minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code.
- Involve, provide, or contribute any false, inaccurate, or misleading information.
- Impersonate or attempt to impersonate Skyship; a Skyship employee, independent contractor or director; another user; or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
- Transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
- Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Websites, or which, as determined by us, may harm Skyship or users of the Websites or potentially expose them to liability.
- Attempt (or encourage or support any one else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Websites or the Website Content.
- Use the Websites in violation of the intellectual property or other proprietary or legal rights of Skyship or any other person or entity.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.
Enforcement, Suspension, and Termination
Skyship has the right, without provision of notice to:
- Take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating the User Submissions and Conditions of Use or these Terms of Service.
- Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Websites. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Websites.
- Terminate or suspend a user’s access to all or part of the Websites for any or no reason, including, without limitation, any violation of these Terms of Service.
USERS WAIVE AND HOLD HARMLESS SKYSHIP AND ITS SUBSIDIARIES AND AFFILIATES, AND COLLECTIVELY THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS (COLLECTIVELY THE “SKYSHIP PARTIES”) FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY SKYSHIP AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY SKYSHIP OR LAW ENFORCEMENT AUTHORITIES.
The Website Content is provided for general information purposes only. It is not intended to amount to advice on which users should rely. Users must obtain more specific or professional advice before taking, or refraining from, any action or inaction based on the Website Content.
Although we make reasonable efforts to update the Website Content, we make no representations, warranties, or guarantees, whether express or implied, that the Website Content is accurate, complete, or up to date. Use of the Websites by users is at their own risk and neither Skyship nor the Skyship Parties have any responsibility or liability whatsoever for use of the Websites by users.
The Websites may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from our Websites. If users choose to access any such sites, they do so at their own risk. Skyship has no control over the contents of any such third-party sites and accepts no responsibility for such sites or for any loss or damage that may arise from use of them. Users are subject to any terms and conditions of such third-party sites.
Users may link to our Websites, provided they do so in a way that is deemed by us to be fair, and legal, and does not damage our reputation or take advantage of it. Users must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. Our Websites must not be framed on any other site. We reserve the right to withdraw linking permission without notice. Users agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.
All orders, purchases, and transactions for the sale of goods made using the Websites are directed through Shopify and are subject to Shopify’s terms of service, which may be found at the bottom of the checkout window. Those terms of service are incorporated by reference into these Terms of Service. If there are any inconsistencies between the Terms of Service and Shopify’s terms of service, the latter shall apply, unless otherwise indicated by us.
Disclaimer of Warranties
USERS UNDERSTAND AND AGREE THAT USE OF THE WEBSITES, THE WEBSITE CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITES IS AT THEIR OWN RISK. THE WEBSITES, THE WEBSITE CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER SKYSHIP NOR THE SKYSHIP PARTIES MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITES OR THE WEBSITE CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER SKYSHIP NOR THE SKYSHIP PARTIES REPRESENT OR WARRANT THAT THE WEBSITES, THE WEBSITE CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. USERS ARE SOLELY AND ENTIRELY RESPONSIBLE FOR THEIR USE OF THE WEBSITES AND THEIR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT USER’S COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO USE OF THE WEBSITES OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITES OR TO USERS DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE LINKED TO IT.
Limitation on Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL SKYSHIP NOR THE SKYSHIP PARTIES BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH THE USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITES, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
To the maximum extent permitted by applicable law, each user agrees to defend, indemnify, and hold harmless Skyship, the Skyship Parties and their respective assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including legal fees) arising out of or relating to that user’s breach of these Terms of Service or use of the Websites, including, but not limited to, your User Submissions, third-party sites, any use of the Website Content, services, and products other than as expressly authorized in these Terms of Service.
Governing Law and Choice of Forum
The Websites and these Terms of Service will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable in that Province, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the province of Ontario or any other jurisdiction) and notwithstanding a user’s domicile, residence, or physical location.
Any action or proceeding arising out of or relating to the Websites and under these Terms of Service will be instituted in the courts of the Province of Ontario. Each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. Users waive any and all objections to the exercise of jurisdiction by such courts and to the venue of such courts.
BY ENTERING INTO THESE TERMS OF SERVICE, USERS EXPRESSLY WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST SKYSHIP OR THE SKYSHIP PARTIES.
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms of Service operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
If any term or provision of these Terms of Service is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of these Terms of Service or invalidate or render unenforceable such term or provision in any other jurisdiction.
Reporting and Contact
The Websites are operated by Skyship Entertainment Company. All notices of copyright infringement claims, reporting of misuse of the Website (including libelous or defamatory conduct), comments, questions, requests for technical support and other communications relating to the Websites should be must be sent to:
Skyship Entertainment Company
ATTN: Privacy Dept.
P.O. Box 40021
Liberty Village PO
Toronto, ON M5V0K7, Canada
Email: [email protected]