Effective January 24, 2015
The Terms are a binding agreement between You and Equipe, its parents, subsidiaries, affiliates, successors, and assigns, governing Your use of the Website. If you do not agree to the Terms, please do not use and/or visit the Website.
Use of the Website
Equipe grants each user a limited, non-exclusive, non-transferable, revocable license to use the Website subject to such user's eligibility and continued compliance with these Terms.
Equipe hereby grants You permission to use the Website as set forth in these Terms, provided that: (i) Your use of the Website as permitted is solely for Your personal, noncommercial use; (ii) You will not copy or distribute any part of the Website in any medium without our prior written authorization; (iii) You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) You will otherwise comply with the terms and conditions of the Terms.
We reserve the right to terminate or suspend a user’s access to the Website at any time in our sole discretion and without prior notice.
Do not take any action that imposes, in Equipe’s sole discretion, an unreasonable load on Equipe’s infrastructure.
User Account Information
All User registration information must be accurate and truthful. Users agree to notify Equipe immediately if You discover that Your Equipe account has been used without Your authorization or there has been any other breach of Your account's security. You agree to provide additional information Equipe may reasonably request and to answer truthfully. If You create an account on the Website, You must provide true, current, accurate, and complete information about yourself. Equipe reserves the right to terminate or suspend your account if we find or suspect that Your account information is not true, current, accurate, or complete, or that You have otherwise violated these Terms. By registering on the Website, You represent that You are of legal age to form a binding contract and are not a person prohibited by any laws from using the Website.
You are responsible for the activity that occurs on Your account. You agree to immediately notify us if You know or suspect unauthorized use of Your account or password or any other breach of security. We will not be liable for any loss or damage arising from Your failure to comply with this section.
You agree not to collect or use any personally identifiable information ("Personal Information") including without limitation individual names, account names, email addresses, or other user identifying information from the Website, nor use the communication systems that may be provided by the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Website.
While using the Website, Users may post photos, videos, text, graphics, logos artwork and other audio or visual materials (collectively, "User Content"). Users grant Equipe a perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute User Content of any User on or in connection with the Website and our related marketing and promotional activities, including without limitation for promoting, displaying, and redistributing part or all of the Website (and derivative works thereof) in any media now known or hereafter developed. As between Users and Equipe, Users continue to hold all ownership interest in their User Content. Each User represents and warrants that its User Content and our use of such User Content will not infringe any third party's intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law.
You further acknowledge that the ideas, suggestions, opinions, comments, and observations made by Users, and any text, data, photographs, video, music, sound, chat, messages, designs, files or other material provided to Equipe by Users are not endorsed by Equipe, and we make no guarantee regarding the reliability, accuracy, nature, origin, or quality of any User Content that is posted on the Website. You acknowledge that You will evaluate and bear any risks related to Your use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. All User Content posted to the Website is the sole responsibility of the person who originally posted the User Content, and Your sole recourse for any damage You may suffer as a result of any User Content, or any portion thereof, shall be to such individual, and not Equipe.
Unsolicited Idea Submissions
The following policy applies to all third party User submissions to Equipe of ideas, comments, suggestions, proposals or materials: (a) all submissions shall be considered non-confidential and non-proprietary; (b) Equipe will have no obligation concerning the submission, contractual or otherwise (including, without limitation, confidentiality); (c) we will not be liable for any use or disclosure of any submission; and (d) we shall be entitled to unrestricted use of the submission for any purpose whatsoever, commercial or otherwise, without compensation to the third party submitting User.
Third-Party Websites, Advertisers or Services
Intellectual Property Rights
The content on the Website including without limitation, all text, graphics, images, photos, computer code, software, scripts, multimedia files, , interactive features trademarks, service marks and logos (the “Content”) are owned by or licensed to Equipe, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided “as is” for Your personal use and information only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without our prior written consent or as otherwise expressly provided herein. We reserve all rights not expressly granted in and to the Website and the Content contained therein.
You agree not to engage in the use, copying, or distribution of any of the Content for any commercial purposes. If You download or print any Content for personal use, You must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Website or the Content.
Our graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of The Skyline Collective, LLC in the U.S. and/or other countries. You may not use our trademarks and/or trade dress, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
YOU AGREE TO INDEMNIFY AND HOLD EQUIPE AND (AS APPLICABLE) EQUIPE’S PARENT(S), SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY. We may assume the exclusive defense and control of any matter for which You have agreed to indemnify us and You agree to assist and cooperate with us in the defense or settlement of any such matters.
Equipe has no fiduciary duty to you. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. USE OF THE WEBSITE IS AT USER'S OWN RISK.
Waiver and Release
For Users in a jurisdiction that requires a specific statement regarding waiver and release then the following applies. For example, California residents must, as a condition of this Agreement, waive the applicability of California Civil Code Section 1542 for unknown claims which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." Each User hereby waives this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release.
Limitation of Liability
EQUIPE (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING THE LESSER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE FEES PAID TO EQUIPE FOR THE TRANSACTION FROM WHICH THE CAUSE OF ACTION AROSE. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF EQUIPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Notwithstanding any provision of the Terms, for Users in a jurisdiction that has provisions specific to waiver or liability that conflict with the foregoing, then Equipe’s liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions that do not allow Equipe to limit its liability for the following, Equipe does not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation or intentional misconduct; or (c) any liability which it is not lawful to exclude either now or in the future.
The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by any User, but may be assigned by Equipe without restriction or consent.
Termination may result in the forfeiture and destruction of all information associated with any User Account. Users may terminate their User Account by following the instructions on the Website, but Equipe may retain the User Account information after termination in accordance with regulatory, accounting, and legal compliance procedures. All provisions of the Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree that: (i) the Website and all actions arising out of Your use of the Website shall be deemed solely based in California (the principal place of business and corporate headquarters of Equipe); and (ii) the Website shall be deemed a passive one that does not give rise to personal jurisdiction over Equipe, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the laws of the State of California, without respect to its conflict of laws principles.
You agree that any and all disputes or claims that have arisen or may arise between such You and Equipe relating in any way to or arising out of this or previous versions of the Terms or your use of or access to the Website shall be resolved exclusively through final and binding arbitration, rather than in court, except that such User may assert claims in small claims court, if such User’s claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the provisions of the Terms as a court would. To begin an arbitration proceeding, a User must send a letter requesting arbitration and describing the claim to our registered agent, The Skyline Collective, LLC, 1936 Blake Street #32, Berkeley, California 94704. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Users agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, such User waives any right to a jury trial. User and Equipe also both agree that either may bring suit in court to enjoin infringement or other misuse of intellectual property rights. If for any reason, a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in a court of competent jurisdiction located in the City and County of San Francisco, California. Subject to the arbitration provisions set forth above, the successful party in any dispute will be entitled to receive from the unsuccessful party all of its reasonable attorneys’ fees, cost, and disbursements.
In the event of a conflict between these the English language version of the Terms and any foreign language translation versions thereof, the English language version of the Terms shall govern and control. All disputes, claims and causes of action (and related proceedings) will be communicated in English.
You agree that we may provide notifications to You via email, written or hard copy notice, or through conspicuous posting of such notice on our website. You may opt out of certain means of notification or to receive certain notifications.
These Terms are the entire agreement between each User and Equipe regarding its subject matter. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Changes to Terms
We reserve the right to alter the Terms at any time. We encourage you to review these Terms frequently. If a material change is made, we will publish a notice on the Website or notify you by email. A "material change" will be determined at Equipe’s sole discretion, in good faith, and using common sense and reasonable judgment.
DMCA Notice and Complaint of Intellectual Property Infringement
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement under the Digital Millennium Copyright Act of 1998 ("DMCA") or that any User Content infringes your intellectual property rights and is accessible via the Website or in connection with our promotion of the Website, please notify Equipe’s Legal Department at firstname.lastname@example.org. For your notice to be valid, you must provide the following information in writing ("Notice of Infringement"):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed ("Complainant").
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Equipe to locate the material.
Information reasonably sufficient to permit Equipe to contact the Complainant, such as an address, telephone number, and, if available, an electronic mail address at which the Complainant may be contacted.
A statement that the Complainant has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the Complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above information must be submitted to our DMCA Agent ("Designated Agent") by mail and email to the following addresses:
The Skyline Collective, LLC
Attention: Legal Department
1936 Blake Street #32
Berkeley, CA 94704
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
If you believe that your material has been removed or disabled by mistake or misidentification, you may file a written counter-notice with the Designated Agent, including the following information ("Counter-Notice") within 5 business days from your receipt of the Notice of Infringement:
a physical or electronic signature of the owner or authorized user of material;
identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
a statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the Complainant or an agent of such person.
Upon receipt of the Counter-Notice by the Designated Agent, a copy of the Counter-Notice may be sent to the Complainant informing the Complainant that Equipe, at its discretion, may replace the removed material or cease disabling it in not less than 10, nor more than 14, business days following receipt of the Counter-Notice, unless the Designated Agent receives written notice from the Complainant that the Complainant has filed an action seeking a court order to restrain you from engaging in infringing activity relating to your unauthorized use of the material on the Website.
If you fail to provide required information or follow this process, Equipe is not obligated to take action. Equipe, in appropriate circumstances and at Equipe’s sole discretion, may terminate repeat infringers.
No Legal Advice
Nothing contained in the Terms or the Website constitutes legal advice. If Users have any questions regarding their legal rights and legal obligations, Users should consult with their own attorney.