ACCEPTANCE OF TERMS
Welcome to skillbeat.com, a website run by Onyx Flash Ltd. skillbeat.com usage is subject to the following terms of service. By using our website, you agree to our terms of service. If you do not agree to our terms of service, you may not use our website, but please let us know why using our contact form.
DESCRIPTION OF SERVICE
skillbeat.com currently provides users with access to a collection of on-line education directory and review services and personalised content, either through the World Wide Web, RSS feeds, or mobile applications (the “service”). Unless explicitly stated otherwise, any new features that augment or enhance the current service shall be subject to the terms of service. You acknowledge and agree that the service is provided “AS IS” and that Onyx Flash Ltd assumes no responsibility for the availability of service. We will do our utmost to ensure that availability of the website will be uninterrupted. However, due to the nature of the internet, this cannot be guaranteed. We will attempt to limit the frequency and duration of any suspension or restriction of access to the website due to repairs, maintenance, or the introduction of new facilities or services.
LICENSE FOR ACCESS
We grant you a limited licence to access and make personal use of the service. This licence does not include any resale or commercial use of the service or its contents; any collection and use or modification of any product listings, descriptions, reviews, prices, or any other part of the contents; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website may not be reproduced, duplicated, copied, modified, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form, meta tags or any other “hidden text”) of skillbeat.com without our express written consent. Any unauthorised use terminates the license or permission.
We are concerned about the safety and privacy of all our users, particularly children. For this reason, parents should not allow children under the age of 16 to register. We advise parents of older children that it is your responsibility to determine whether any of the services and/or content (including communication services, as defined in section 6 below) are appropriate for your child.
REGISTRATION ACCOUNT, PASSWORD AND SECURITY
You are not required to register to use the service, but if you do decide to register, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the service’s registration form (such information being the “registration data”) and (b) maintain and promptly update the registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or skillbeat.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, skillbeat.com has the right to suspend or terminate your account, refuse any and all current or future use of the service, and remove from the website any content you produced. Should you decide to register with us, you will have to create a password and provide your email address. You are responsible for maintaining the confidentiality of the password and validity of your email address, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify us via our contact form of any unauthorised use of your password or account and any other breach of security, and (b) ensure that you sign out from your account at the end of each session if not having opted for being kept signed in. Onyx Flash Ltd cannot and will not be liable for any loss or damage arising from your failure to comply with this.
You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages
and other materials (“content”), whether publicly posted or privately transmitted, are the sole responsibility
of the person from which such content originated. This means that you and not Onyx Flash Ltd are
entirely responsible for all content that you upload, post, or otherwise transmit via the service. We do not
control the content posted via the service and, as such, do not guarantee the accuracy, integrity or quality
of such content. You acknowledge that by using the service, you may be exposed to content that is offensive,
indecent or objectionable. Under no circumstances will Onyx Flash Ltd be liable in any way for
any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage
of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the
service. You agree to not use the service to:
1. upload, post, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, a Onyx Flash Ltd official, retail partner official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the service;
5. upload, post, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learnt or disclosed as part of employment relationships or under nondisclosure agreements);
6. upload, post, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“rights”) of any party;
7. upload, post, or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
8. upload, post, or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
10. interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service;
11. intentionally or unintentionally violate any applicable law or regulation;
12. “stalk” or otherwise harass another; or
13. extract, collect, process, combine or store personal data about other users.
You acknowledge that we have no obligation to monitor content. We shall have the right (but not the obligation) in our sole discretion to refuse, move or remove any content that is available via the service that violates the terms of service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You agree that we may access, preserve, and disclose your account information and content: (a) for the purpose of properly administering your account in accordance with the standard operating procedures of skillbeat.com; and (b) if required to do so by law or in the good faith belief that any such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the terms of service; (iii) respond to claims that any content violates the rights of third-parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of Onyx Flash Ltd and skillbeat.com, its users and the public. You acknowledge that the technical processing and transmission of the service, including your content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. We reserve the right to terminate your access to some or all parts of the service if you withdraw your consent in this paragraph at any time.
PUBLIC CONTENT POSTED TO SKILLBEAT.COM
For purposes of the terms of service, “publicly accessible areas” of the service are those accessible by the general public.
By way of example, a publicly accessible area of the service would include public comments on content.
You acknowledge that you are solely responsible for any personal data or information that you choose to disclose
and make publicly accessible via the service, and that under no circumstances will Onyx Flash Ltd be
liable in any way for the disclosure and public accessibility of such personal data or information. You acknowledge
that any personal data or information (or any other content) posted to publicly accessible areas may remain
publicly accessible indefinitely.
With respect to content you elect to post to publicly accessible areas of the service, you grant Onyx Flash Ltd the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
You agree that we in our sole discretion, may terminate your password, account (or any part thereof) or use of the service, and remove and discard any content within the service, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of the terms of service. We may also in our sole discretion and at any time discontinue providing the service, or any part thereof, with or without notice. You agree that any termination of your access to the service under any provision of this terms of service may be effected without prior notice, and acknowledge and agree that Onyx Flash Ltd may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the service. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the service.
DEALINGS WITH ADVERTISERS AND MERCHANTS
Your correspondence or business dealings with, or participation in promotions of, advertisers and merchants found on or through the service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or merchant. To the fullest extent permitted by applicable law, you agree that: (a) we shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers and merchants on the service, and (b) any orders placed by you on, and any product specifications and product availability appearing on, the service are subject to confirmation by, and the terms and conditions of business of, the relevant merchant.
LINKS TO OTHER WEBSITES
The service may provide links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
ONYX FLASH LTD’S PROPRIETARY RIGHTS
You acknowledge and agree that the service and any necessary software used in connection with the service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by skillbeat.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the service or the software, in whole or in part.
COPYRIGHTS and COPYRIGHT AGENTS
We respects the intellectual property of others, and we ask our users to do the same. The content published on skillbeat.com, including but not limited to the reviews, summary of reviews, and ratings, are the property of Onyx Flash Ltd. Please do not infringe on our right by copying our content, either manually or automatically. If you believe that any of your intellectual property rights have been infringed on the service, please report the problem via our contact form.
skillbeat.com, the skillbeat.com logo and other skillbeat.com logos and product and service names are trademarks of Onyx Flash Ltd. Without Onyx Flash Ltd’s prior permission, you agree not to display or use in any manner the Onyx Flash Ltd trademarks.
You expressly acknowledge and agree that:
1.Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, Onyx Flash Ltd expressly disclaims all warranties, conditions and other terms of any kind, whether express or implied, including, but not limited to any implied term of merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of services to a standard of reasonable care and skill or as to non-infringement of any intellectual property right.
2.we make no warranty or representation that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
3.Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
4.No advice or information, whether oral or written, obtained by you from us or through or from the service shall create any warranty or other obligation not expressly stated in the terms of service.
LIMITATION OF LIABILITY
You expressly acknowledge and agree that Onyx Flash Ltd shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Onyx Flash Ltd has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service of these terms of service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You agree to indemnify and hold Onyx Flash Ltd and its subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to or transmit through the service, your use of the service, your connection to the service, your violation of the terms of service, or your violation of any rights of another.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 17 and 18 may not apply to you. In particular, nothing in these terms of service shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud of Onyx Flash Ltd.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
You agree to comply with all local laws and rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom and the country in which you reside (if different). When you are on any international skillbeat.com website, you are bound by the terms of service and applicable laws governing that website.
MODIFICATIONS TO SERVICE
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
These terms of service constitute the entire agreement between you and Onyx Flash Ltd and govern your use
of the service, superseding any prior agreements between you and Onyx Flash Ltd. The terms of service and
the relationship between you and Onyx Flash Ltd shall be governed by the laws of England. You
and Onyx Flash Ltd agree to submit to the exclusive jurisdiction of the English courts. Any failure
by Onyx Flash Ltd to exercise or enforce any right or provision of the terms of service shall not constitute
a waiver of such right or provision. If any provision of the terms of service is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions
as reflected in the provision, and the other provisions of the terms of service remain in full force and effect.
The section titles in the terms of service are for convenience only and have no legal or contractual effect. Neither you nor Onyx Flash Ltd may assign or transfer any rights or obligations under these terms of service without the prior written consent of the other party. You agree that your skillbeat.com account is non-transferable and any rights to your account or contents within your account terminate upon your death. Any account that has not been used for a certain period of time may be terminated and all contents therein permanently deleted in line with skillbeat.com’s policy. Please report any violations of the terms of service to us via our contact form.
If you have any questions, comments, or concerns about this terms of service, please don’t hesitate to contact us via our
The Skillbeat Team
Onyx Flash Ltd