S K Y V I Q
Terms and Conditions
Skyviq.com ("Skyviq") welcomes You to its website ("Website"). The following Terms and Conditions shall govern the relationship
between Skyviq and You (also referred to herein as "Member" or "Player"). These Terms and Conditions shall govern all information,
documents, communications, files, text, graphics, software, and audio/visual files, including content sent and uploaded by other
Members in compliance herein (collectively, the "Service"). Additional terms and conditions of use applicable to specific areas
of the Service may also be posted in such areas and, together with these Terms and Conditions, govern Your use of those areas and
spell out what You can expect from us and what we expect from You.
Skyviq is a free Mental Agility Challenge Platform that offers its Members the chance to win real money every day. Members are able to compete against other Members in Skyviq Challenges ("Challenges") to win real money. Information pertaining to the Challenges that are offered, the rules, and further information about Challenge play can be found on the Website.
Skyviq is different from traditional skill-based games in that players may not wager any personal money in the free daily challenge. The free daily cash prize is a pre-set amount which does not change based on the players involved. There is no element of chance as there is only one correct answer for every daily challenge.
According to the legal situation in the US, citizens of the following states are not allowed to play for real money on traditional skill-based gaming sites. Although Skyviq is not a traditional skill-based game and is exempt from this regulation, if you have any doubts, then we strongly recommend residents of the following states not to play the Skyviq Daily Challenge:
Alaska, Arizona, Arkansas, Connecticut, Delaware, Florida, Illinois, Iowa, Kentucky, Louisiana, Maryland, Missouri, Montana, Nebraska, Nevada, New York, Ohio, Oregon, South Carolina, South Dakota, Tennessee, Vermont, Washington
1. Acceptance of Terms and Conditions.
By using this Website and/or creating an account and becoming a Member, You accept and agree to all terms, conditions and notices contained or referenced on the Website ("Terms and Conditions"). Please read the following Terms and Conditions carefully. If You do not agree to the Terms and Conditions, do not use this Website. By accessing, using, or downloading in any way, without limitation, any Service from this Website, or merely browsing this Website, You agree to and are bound by these Terms and Conditions.
Skyviq reserves the right to change the Terms and Conditions at any time, without prior notice to You or any other Member or Website visitor.
2. Eligibility.
To be eligible to register and create an authorized Skyviq account ("Account") and become a Member, You must be at least eighteen (18) years of age or older and a legal resident of the United States, including the District of Columbia, and may not be a firm, business entity or institution. If you are a non-U.S. citizen and live in a different country which allows skill-based games, you may also create an authorized Skyviq account. By using this Website and Service, You represent and warrant that You have the right, authority and capacity to enter into this agreement and to abide by all of these Terms and Conditions. Skyviq reserves the right, in its sole and absolute discretion, to refuse service and access to any potential participant. Employees, officers, directors, investors, agents, and representatives of Skyviq and their parents, affiliates and subsidiaries, and each of their respective immediate family (defined as parents, spouse and children) and any person residing in the same household as such and sponsors and affiliates and advertising and promotion agencies of Skyviq are NOT eligible to use or create an Account on the Website for personal gain. They may, however, participate in Challenges for testing purposes, but without the intent to achieve any personal gain or profit for Skyviq.
3. Registration.
You must create an Account in order to become a Member and play Challenges on this Website. Skyviq does not charge a registration fee for You to become a Member for the Basic Membership. Play on certain Challenges or certain features offered may be dependent upon the existence of certain conditions such as the type of Account You have, Your age, proof of payment, number of completed Challenges, or specific Challenge rules.
4. Local Laws, Service Not Available in Some States.
You are subject to the laws of the country, state, city or other legal entity (collectively "Jurisdiction") in which You reside and/or from which You access the Website and the Service. The laws governing sweepstakes, contests, and tournaments with entry fees and/or prizes are set up by each individual state, not by the federal government. Based on these 50 sets of laws, Skyviq CANNOT offer fee-based Challenges with prizes to residents of the following states: Alaska, Arizona, Arkansas, Connecticut, Delaware, Florida, Illinois, Iowa, Kentucky, Louisiana, Maryland, Missouri, Montana, Nebraska, Nevada, New York, Ohio, Oregon, South Carolina, South Dakota, Tennessee, Vermont, Washington. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. However, anyone may compete in the free daily Skyviq Challenges. If You open an Account and/or participate in any Challenge offered on the Website while located in a prohibited Jurisdiction, You will be in violation of the law of such Jurisdiction and these Terms and Conditions, and subject to having Your Account suspended or terminated. Additionally, all Your winnings, if any, may be voided at the sole discretion of Skyviq. You hereby agree that Skyviq cannot be held liable if laws applicable to You restrict or prohibit Your participation. Skyviq makes no representations or warranties, implicit or explicit, as to your legal right to participate in any Challenge offered on the Website nor shall any person affiliated, or claiming affiliation, with Skyviq have authority to make any such representations or warranties.
5. Your Account.
A. Account Responsibility.
When you create Your Account, You represent that You are at least eighteen (18) years of age and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You may modify Your Registration Data by sending an email to support@skyviq.com. If you provide any information that is untrue, inaccurate, not current or incomplete, or Skyviq has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Skyviq has the right to suspend or terminate Your Account and refuse any and all current or future use of the Service (or any portion thereof). You are responsible for paying all charges (plus applicable taxes) associated with the use of the Service under Your Account, including charges incurred as a Money Player subject to the posted terms and conditions for such play.
B. No Transfer.
Only one Account is allowed per person. Multiple Accounts, as well as the setting up and operation of multiple Accounts, are prohibited. Your Account is not transferable. Under no circumstances shall You allow or permit any other person or third party, including without limitation any person under the legal age to participate in a Challenge in Your applicable Jurisdiction, and in no event any person under the age of thirteen (13) years, to use or re-use Your Account or Your Identifiers in such a way that may breach the standards or laws in any Jurisdiction where You are located and/or are a resident, or where such other person is located and/or is a resident. Any person found to have violated this section may be reported to the relevant authorities.
6. Challenge Game Play.
A. Winners Lists.
A Leaderboard of winners will be posted on the Website during and after each Challenge. Winners will be notified by email of their winnings immediately following the close of each Challenge at midnight Stockholm time.
B. Determination of Winners.
The results and winners of each Challenge offered on the Website will be determined by Skyviq, and such determinations are final. By registering and/or participating in any Challenge, You agree to be bound by these determinations.
C. Fairness of Play.
Skyviq guarantees that all participants in a particular challenge are given the same starting conditions. This applies to all challenges offered on Skyviq and means that each participant of a particular day's challenge is given the same type of questions, puzzle, brainteaser, etc. Because of this, the level of difficulty is identical for all participants.
D. Prizes.
Skyviq is not liable for any lost winnings or potential winnings, not even in the case of prematurely closed Challenges.
7. Termination.
A. Your Right to Termination.
You may terminate Your Account at any time. To terminate Your Account, please send an email to support@skyviq.com.
B. Skyviq's Right to Termination.
Skyviq reserves the right to terminate Your Account, limit or prohibit your participation in any Challenge for without any reason. Immediate termination will result for obvious reasons, including, but not limited to, any violation of these Terms and Conditions, improper conduct or abuse by You as set forth in section 13. By registering for an Account, You consent to allow Skyviq to access Your Account information to, among other things, investigate complaints or other allegations of abuse. Please note that in certain circumstances where Your Account is closed by Skyviq for a violation of these Terms and Conditions, Your winnings may be voided and not returned to You. In such an event, Skyviq may use these winnings to defray the costs of administration and enforcement of these Terms and Conditions.
8. Intellectual Property Rights.
A. Copyright Information and Personal & Non-Commercial Use Limitation.
All Service and the compilation of all content included on this Website are owned or licensed by Skyviq and/or its affiliates and protected by United States and international copyright laws. Skyviq does not claim ownership of copyrights owned by third parties.
You have been granted a license to view and use the Service subject to these Terms and Conditions. Unless otherwise specified, the Service on this Website is for Your personal and non-commercial use. You may not sell or modify the Service or reproduce, display publicly or otherwise use the Service in any way for any public or commercial purpose. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from Skyviq. Users may not provide copyrighted or other proprietary information to Skyviq without permission from the owner of such material or rights. Users are solely responsible for obtaining such permission and for any damages resulting from unauthorized disclosures or infringement.
B. Trademarks.
Skyviq and/or its affiliates own the Skyviq trademark for its services, including, without limitation the associated graphics, logos and service marks, are trademarks of Skyviq and/or its affiliates and may not be used without prior written consent of Skyviq. All other trademarks, product names, and company names and logos appearing on the Website are the property of their respective owners.
C. Rights of Publicity.
As a Skyviq Player, You agree to the use by Skyviq and its affiliates of Your username, photograph(s), likeness, statements, biographical information, voice and city and state address for advertising and promotional purposes for this and similar promotions, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised without additional compensation, review or approval rights, notification or permission, except where prohibited by law. In the event of live Challenges, then You also consent to the publication and duplication of this data, recordings, and photographs for the purpose of press releases, advertisement, publications, public access, utilization and duplication.
YOU FURTHER ACKNOWLEDGE THAT IF YOU ARE CHOSEN AS A WINNER, YOUR IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, HAVING YOUR USERNAME PLACED ON A WINNERS' LIST.
9. Privacy and Protection of Personal Information.
Skyviq respects the privacy of visitors to our Website. Please see Skyviq's Privacy Policy below relating to the collection and use of Your personally identifiable information. You acknowledge and agree that this Privacy Policy, including, but not limited to, the manner in which Skyviq collects, uses and discloses Your personally identifiable information, is incorporated and made part of these Terms and Conditions. If You do not agree to each and every part of Skyviq's Privacy Policy, then You should not use the Website or submit any personally identifiable information through this Website. Questions regarding privacy issues should be directed to Skyviq via email at support@skyviq.com.
10. Maintenance and Reporting Problems.
Skyviq conducts maintenance work on its system from time to time mainly for the purpose of ensuring the server's security and integrity. If possible, You will be notified of maintenance periods in advance. A portion, or sometimes all, of the features of the Website will not be available during maintenance periods. No Challenge play may occur during a maintenance period. Challenges that have begun prior to such maintenance periods will end and not be extended into the maintenance period.
All problems encountered during the use of Skyviq's Services, including those with regard to Challenges, Player Accounts, etc., must be reported to Skyviq when the problem is encountered via email at support@skyviq.com. Please be advised that, due to the fact that Skyviq deletes usage data after ninety (90) days, problems and errors cannot be reviewed after ninety (90) days have elapsed since the problem occurred.
11. Disclaimer of Warranties and Limitation of Liability.
You expressly agree that use of the Website and Service is at Your sole risk. Neither Skyviq nor any of its affiliates or their respective officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by Skyviq (collectively "Providers"), or the like, warrant that websites affiliated with Providers, including, but not limited to, this Website, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on this Website may contain inaccuracies or typographical errors. Skyviq makes no warranty as to the results that may be obtained from the use of the Website or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the Website. Furthermore, Skyviq shall not be responsible for any opinions, views, advice or statements posted on the Service (including, without limitation, in any public posting areas of the Service) by any person or entity other than an authorized Skyviq spokesperson. Advertisers, content, Providers, users, guests, independent writers and experts are not authorized Skyviq spokespersons. At no time should the opinions, views, advice or statements provided by advertisers, content providers, users, guests, independent writers or experts be relied upon for important personal decisions without independent verification.
A. DISCLAIMER OF WARRANTIES.
THIS WEBSITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY SKYVIQ ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SKYVIQ AND THE PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
SKYVIQ AND THE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, SECURITY OF THE WEBSITE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE 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 AND/INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
B. LIMITATION OF LIABILITY.
SKYVIQ DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF SKYVIQ.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SKYVIQ WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF SKYVIQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THIS WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO SKYVIQ RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT SKYVIQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON SKYVIQ'S GOODS OR SERVICES, FROM INABILITY TO USE SKYVIQ'S GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF SKYVIQ'S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If You are dissatisfied with any portion of the Website, Your sole and exclusive remedy is to discontinue Your use of this Website.
12. Online Conduct and Abuse.
A. Online Conduct and Abuse.
You agree to use the Website and the Services provided through this Website only for lawful purposes and to behave in a fair manner. Unacceptable uses and behavior that is deemed unacceptable include, without limitation: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) purposely entering faulty, misleading, incorrect, or incomplete information; (vi) exporting, re-exporting or permitting the downloading of any Service, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vii) interfering, disrupting or attempting to gain unauthorized access to other Accounts on the Website or any other computer network; (viii) committing, or attempting to commit fraud, especially through the use of mechanisms, software, or any script in association with the Website that is intended to interrupt the functioning of the Website, help a user achieve better results than could be achieved through the sole use of a mouse/keyboard, help the user to achieve a score that is not possible by following the Challenge controls described by Skyviq, or negatively influence another Player's Challenge controls; (ix) opening and/or using multiple Accounts; (x) purposely causing an interruption or error in order to influence a Challenge, such as to cause the Challenge to prematurely end; (xi) cooperating with other Members in a way that could create an advantage over novice users and thus diminish their opportunity for fair play and reduce their chances of winning; (xii) intentionally poor play in certain games in order to achieve a broader competitive advantage (i.e. "sandbagging"); (xiii) harassing other Members or Players; (xiv) disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; (xv) causing any breach of the security of Your Account or the Website; or (xvi) breaching any of these Terms and Conditions.
B. Reporting Abuse or Inappropriate Conduct.
If you wish to report any abuses, inappropriate online conduct or a violation of Skyviq's Terms and Conditions, please forward all evidence of the same to support@skyviq.com. Please refer responsibly!
C. Penalties for Abuse, Inappropriate Online Conduct and Violating Skyviq's Terms and Conditions.
Skyviq reserves the right to block, cancel or terminate Member Accounts without notice in cases of abusive behavior or suspicion of abuse, inappropriate online conduct, and/or for a violation of these Terms and Conditions, particularly in those instances detailed in sections 13(A) and 13(B). Upon the receipt of a credible and validated complaint, Skyviq may elect to immediately suspend or terminate Member's Account. (Suspension serves as a "final" warning and is intended to prevent You from continuing any abusive behavior.) If this occurs, then Challenges or Challenges which have already begun will be aborted by Skyviq and the results will not be evaluated; the Player in violation must then compensate Skyviq for any problems arising therefrom. Skyviq will evaluate each validated abuse incident on a case-by-case basis and impose suspension or termination at its sole discretion, and may void any associated winnings. Skyviq reserves the right to lift any suspension against You at any time, at its sole discretion. Skyviq reserves the right to institute civil or criminal proceedings against You and/or report You to the relevant regulatory or law enforcement authorities.
13. Circumvention.
You acknowledge and agree that You shall not circumvent or attempt to circumvent any of these Terms and Conditions, the Service or any Challenges offered through this Website or otherwise interrupt or attempt to interrupt the operations of the Website (collectively, a "Circumvention Act"). If Skyviq determines, in its sole discretion, that You have engaged, or attempted to engage, in any Circumvention Act, use automated technology or otherwise unfairly alter Your chances of winning, or to otherwise commit fraud with regard to the Website, then, in such an event, You will forfeit all winnings to which You may otherwise be entitled, and Skyviq reserves the right to terminate Your Account immediately and institute civil or criminal proceedings against You and/or report You to the relevant regulatory authorities.
14. Security.
If You use this Website, You are responsible for restricting access to Your computer and ensuring that Your computer is free from all types of malicious code, spyware, viruses, Trojans, etc. that may track any data You enter via this Website, including e-mail address, credit card number, and other payment related information. In addition, You are responsible for maintaining the confidentiality of Your Account and Identifiers and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your Account or password. You agree to (a) immediately notify Skyviq of any unauthorized use of Your password or Account or and other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Skyviq cannot and will not be held liable for any loss or damage arising from Your failure to comply with this section.
Skyviq reserves the right to monitor all network traffic to this Website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to this Website in any fashion. Anyone using this Website expressly consents to such monitoring.
15. Indemnification.
You agree to defend, indemnify and hold harmless Skyviq and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors from and against all liabilities, actions, claims and expenses, including legal fees arising out of or relating to: (a) Your use of the Website or the Service, including any data or work transmitted or received by You or any service provider; (b) any other party's access and use of the Website or the Service with Your unique Identifiers, except where You have previously notified Skyviq that You believe such Identifiers are no longer secure and confidential, as specified in Section 5B; (c) Your connection to any Skyviq site; (d) Your violation of these Terms and Conditions; (e) Your violation of any sports betting regulations, edicts or laws to which the You are subject; or (f) Your violation of any rights of a third party or service Skyviq.
16. Arbitration.
Any dispute relating in any way to Your visit to Website shall be submitted to confidential arbitration and resolved in a mutually fair manner between You and Skyviq. You agree not to instigate any kind of legal action against Skyviq nor its officers, employees or partners, including class-action lawsuits of any kind. You agree that the maximum level of reparations for any complaints or disputes made by You is a refund by Skyviq of the latest Gold or Platinum Membership fee that You have paid. Upon such refund made to You, Skyviq will terminate Your account and You agree never to use the Skyviq Website again in the future. Skyviq's goal is to provide an optimal Player experience and as such appreciates Player feedback and strives to constantly improve the Player experience.
17. Waiver/Severability.
The failure of Skyviq to require or enforce strict performance of You of any provision of these Terms and Conditions or to exercise any right under them shall not be construed as a waiver or relinquishment of Skyviq's right to assert or rely upon any such provision or right in that or any other instance.
The provisions of these Terms and Conditions are intended to be severable. If for any reason any provision of these Terms and Conditions shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms and Conditions, which shall continue to be in full force and effect.
18. Statue of Limitations.
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 Website, Terms and Conditions, Privacy Policy, or Software Terms must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
19. Privacy Policy.
Skyviq values your privacy and is dedicated to ensuring that the sensitive personal information You provide to Skyviq is properly protected. All personal and financial information You submit is transmitted using maximum SSL security encryption allowed by law.
Skyviq only collects the minimum information that is needed in order to securely process your membership application and to be able to contact you to provide customer support. Your IP address is stored for security and fraud detection purposes.
Only Skyviq employees dealing with a customer support request or investigating a suspicious transaction have access to your data. In very rare cases, Skyviq may release your contact details according to governmental authorities when required to do so by law. In no instances will Your private information be compromised where it could be subject to abuse by other parties.
20. Entire Agreement.
These Terms and Conditions constitute the entire agreement between You and Skyviq with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms and Conditions, Privacy Policy, or Software Terms will be effective only if in writing and signed by Skyviq.
The section titles in the TERMS AND CONDITIONS are for convenience only and have no legal or contractual effect.
Skyviq is a free Mental Agility Challenge Platform that offers its Members the chance to win real money every day. Members are able to compete against other Members in Skyviq Challenges ("Challenges") to win real money. Information pertaining to the Challenges that are offered, the rules, and further information about Challenge play can be found on the Website.
Skyviq is different from traditional skill-based games in that players may not wager any personal money in the free daily challenge. The free daily cash prize is a pre-set amount which does not change based on the players involved. There is no element of chance as there is only one correct answer for every daily challenge.
According to the legal situation in the US, citizens of the following states are not allowed to play for real money on traditional skill-based gaming sites. Although Skyviq is not a traditional skill-based game and is exempt from this regulation, if you have any doubts, then we strongly recommend residents of the following states not to play the Skyviq Daily Challenge:
Alaska, Arizona, Arkansas, Connecticut, Delaware, Florida, Illinois, Iowa, Kentucky, Louisiana, Maryland, Missouri, Montana, Nebraska, Nevada, New York, Ohio, Oregon, South Carolina, South Dakota, Tennessee, Vermont, Washington
1. Acceptance of Terms and Conditions.
By using this Website and/or creating an account and becoming a Member, You accept and agree to all terms, conditions and notices contained or referenced on the Website ("Terms and Conditions"). Please read the following Terms and Conditions carefully. If You do not agree to the Terms and Conditions, do not use this Website. By accessing, using, or downloading in any way, without limitation, any Service from this Website, or merely browsing this Website, You agree to and are bound by these Terms and Conditions.
Skyviq reserves the right to change the Terms and Conditions at any time, without prior notice to You or any other Member or Website visitor.
2. Eligibility.
To be eligible to register and create an authorized Skyviq account ("Account") and become a Member, You must be at least eighteen (18) years of age or older and a legal resident of the United States, including the District of Columbia, and may not be a firm, business entity or institution. If you are a non-U.S. citizen and live in a different country which allows skill-based games, you may also create an authorized Skyviq account. By using this Website and Service, You represent and warrant that You have the right, authority and capacity to enter into this agreement and to abide by all of these Terms and Conditions. Skyviq reserves the right, in its sole and absolute discretion, to refuse service and access to any potential participant. Employees, officers, directors, investors, agents, and representatives of Skyviq and their parents, affiliates and subsidiaries, and each of their respective immediate family (defined as parents, spouse and children) and any person residing in the same household as such and sponsors and affiliates and advertising and promotion agencies of Skyviq are NOT eligible to use or create an Account on the Website for personal gain. They may, however, participate in Challenges for testing purposes, but without the intent to achieve any personal gain or profit for Skyviq.
3. Registration.
You must create an Account in order to become a Member and play Challenges on this Website. Skyviq does not charge a registration fee for You to become a Member for the Basic Membership. Play on certain Challenges or certain features offered may be dependent upon the existence of certain conditions such as the type of Account You have, Your age, proof of payment, number of completed Challenges, or specific Challenge rules.
4. Local Laws, Service Not Available in Some States.
You are subject to the laws of the country, state, city or other legal entity (collectively "Jurisdiction") in which You reside and/or from which You access the Website and the Service. The laws governing sweepstakes, contests, and tournaments with entry fees and/or prizes are set up by each individual state, not by the federal government. Based on these 50 sets of laws, Skyviq CANNOT offer fee-based Challenges with prizes to residents of the following states: Alaska, Arizona, Arkansas, Connecticut, Delaware, Florida, Illinois, Iowa, Kentucky, Louisiana, Maryland, Missouri, Montana, Nebraska, Nevada, New York, Ohio, Oregon, South Carolina, South Dakota, Tennessee, Vermont, Washington. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. However, anyone may compete in the free daily Skyviq Challenges. If You open an Account and/or participate in any Challenge offered on the Website while located in a prohibited Jurisdiction, You will be in violation of the law of such Jurisdiction and these Terms and Conditions, and subject to having Your Account suspended or terminated. Additionally, all Your winnings, if any, may be voided at the sole discretion of Skyviq. You hereby agree that Skyviq cannot be held liable if laws applicable to You restrict or prohibit Your participation. Skyviq makes no representations or warranties, implicit or explicit, as to your legal right to participate in any Challenge offered on the Website nor shall any person affiliated, or claiming affiliation, with Skyviq have authority to make any such representations or warranties.
5. Your Account.
A. Account Responsibility.
When you create Your Account, You represent that You are at least eighteen (18) years of age and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You may modify Your Registration Data by sending an email to support@skyviq.com. If you provide any information that is untrue, inaccurate, not current or incomplete, or Skyviq has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Skyviq has the right to suspend or terminate Your Account and refuse any and all current or future use of the Service (or any portion thereof). You are responsible for paying all charges (plus applicable taxes) associated with the use of the Service under Your Account, including charges incurred as a Money Player subject to the posted terms and conditions for such play.
B. No Transfer.
Only one Account is allowed per person. Multiple Accounts, as well as the setting up and operation of multiple Accounts, are prohibited. Your Account is not transferable. Under no circumstances shall You allow or permit any other person or third party, including without limitation any person under the legal age to participate in a Challenge in Your applicable Jurisdiction, and in no event any person under the age of thirteen (13) years, to use or re-use Your Account or Your Identifiers in such a way that may breach the standards or laws in any Jurisdiction where You are located and/or are a resident, or where such other person is located and/or is a resident. Any person found to have violated this section may be reported to the relevant authorities.
6. Challenge Game Play.
A. Winners Lists.
A Leaderboard of winners will be posted on the Website during and after each Challenge. Winners will be notified by email of their winnings immediately following the close of each Challenge at midnight Stockholm time.
B. Determination of Winners.
The results and winners of each Challenge offered on the Website will be determined by Skyviq, and such determinations are final. By registering and/or participating in any Challenge, You agree to be bound by these determinations.
C. Fairness of Play.
Skyviq guarantees that all participants in a particular challenge are given the same starting conditions. This applies to all challenges offered on Skyviq and means that each participant of a particular day's challenge is given the same type of questions, puzzle, brainteaser, etc. Because of this, the level of difficulty is identical for all participants.
D. Prizes.
Skyviq is not liable for any lost winnings or potential winnings, not even in the case of prematurely closed Challenges.
7. Termination.
A. Your Right to Termination.
You may terminate Your Account at any time. To terminate Your Account, please send an email to support@skyviq.com.
B. Skyviq's Right to Termination.
Skyviq reserves the right to terminate Your Account, limit or prohibit your participation in any Challenge for without any reason. Immediate termination will result for obvious reasons, including, but not limited to, any violation of these Terms and Conditions, improper conduct or abuse by You as set forth in section 13. By registering for an Account, You consent to allow Skyviq to access Your Account information to, among other things, investigate complaints or other allegations of abuse. Please note that in certain circumstances where Your Account is closed by Skyviq for a violation of these Terms and Conditions, Your winnings may be voided and not returned to You. In such an event, Skyviq may use these winnings to defray the costs of administration and enforcement of these Terms and Conditions.
8. Intellectual Property Rights.
A. Copyright Information and Personal & Non-Commercial Use Limitation.
All Service and the compilation of all content included on this Website are owned or licensed by Skyviq and/or its affiliates and protected by United States and international copyright laws. Skyviq does not claim ownership of copyrights owned by third parties.
You have been granted a license to view and use the Service subject to these Terms and Conditions. Unless otherwise specified, the Service on this Website is for Your personal and non-commercial use. You may not sell or modify the Service or reproduce, display publicly or otherwise use the Service in any way for any public or commercial purpose. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from Skyviq. Users may not provide copyrighted or other proprietary information to Skyviq without permission from the owner of such material or rights. Users are solely responsible for obtaining such permission and for any damages resulting from unauthorized disclosures or infringement.
B. Trademarks.
Skyviq and/or its affiliates own the Skyviq trademark for its services, including, without limitation the associated graphics, logos and service marks, are trademarks of Skyviq and/or its affiliates and may not be used without prior written consent of Skyviq. All other trademarks, product names, and company names and logos appearing on the Website are the property of their respective owners.
C. Rights of Publicity.
As a Skyviq Player, You agree to the use by Skyviq and its affiliates of Your username, photograph(s), likeness, statements, biographical information, voice and city and state address for advertising and promotional purposes for this and similar promotions, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised without additional compensation, review or approval rights, notification or permission, except where prohibited by law. In the event of live Challenges, then You also consent to the publication and duplication of this data, recordings, and photographs for the purpose of press releases, advertisement, publications, public access, utilization and duplication.
YOU FURTHER ACKNOWLEDGE THAT IF YOU ARE CHOSEN AS A WINNER, YOUR IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, HAVING YOUR USERNAME PLACED ON A WINNERS' LIST.
9. Privacy and Protection of Personal Information.
Skyviq respects the privacy of visitors to our Website. Please see Skyviq's Privacy Policy below relating to the collection and use of Your personally identifiable information. You acknowledge and agree that this Privacy Policy, including, but not limited to, the manner in which Skyviq collects, uses and discloses Your personally identifiable information, is incorporated and made part of these Terms and Conditions. If You do not agree to each and every part of Skyviq's Privacy Policy, then You should not use the Website or submit any personally identifiable information through this Website. Questions regarding privacy issues should be directed to Skyviq via email at support@skyviq.com.
10. Maintenance and Reporting Problems.
Skyviq conducts maintenance work on its system from time to time mainly for the purpose of ensuring the server's security and integrity. If possible, You will be notified of maintenance periods in advance. A portion, or sometimes all, of the features of the Website will not be available during maintenance periods. No Challenge play may occur during a maintenance period. Challenges that have begun prior to such maintenance periods will end and not be extended into the maintenance period.
All problems encountered during the use of Skyviq's Services, including those with regard to Challenges, Player Accounts, etc., must be reported to Skyviq when the problem is encountered via email at support@skyviq.com. Please be advised that, due to the fact that Skyviq deletes usage data after ninety (90) days, problems and errors cannot be reviewed after ninety (90) days have elapsed since the problem occurred.
11. Disclaimer of Warranties and Limitation of Liability.
You expressly agree that use of the Website and Service is at Your sole risk. Neither Skyviq nor any of its affiliates or their respective officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by Skyviq (collectively "Providers"), or the like, warrant that websites affiliated with Providers, including, but not limited to, this Website, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on this Website may contain inaccuracies or typographical errors. Skyviq makes no warranty as to the results that may be obtained from the use of the Website or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the Website. Furthermore, Skyviq shall not be responsible for any opinions, views, advice or statements posted on the Service (including, without limitation, in any public posting areas of the Service) by any person or entity other than an authorized Skyviq spokesperson. Advertisers, content, Providers, users, guests, independent writers and experts are not authorized Skyviq spokespersons. At no time should the opinions, views, advice or statements provided by advertisers, content providers, users, guests, independent writers or experts be relied upon for important personal decisions without independent verification.
A. DISCLAIMER OF WARRANTIES.
THIS WEBSITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY SKYVIQ ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SKYVIQ AND THE PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
SKYVIQ AND THE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, SECURITY OF THE WEBSITE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE 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 AND/INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
B. LIMITATION OF LIABILITY.
SKYVIQ DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF SKYVIQ.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SKYVIQ WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF SKYVIQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THIS WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO SKYVIQ RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT SKYVIQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON SKYVIQ'S GOODS OR SERVICES, FROM INABILITY TO USE SKYVIQ'S GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF SKYVIQ'S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If You are dissatisfied with any portion of the Website, Your sole and exclusive remedy is to discontinue Your use of this Website.
12. Online Conduct and Abuse.
A. Online Conduct and Abuse.
You agree to use the Website and the Services provided through this Website only for lawful purposes and to behave in a fair manner. Unacceptable uses and behavior that is deemed unacceptable include, without limitation: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) purposely entering faulty, misleading, incorrect, or incomplete information; (vi) exporting, re-exporting or permitting the downloading of any Service, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vii) interfering, disrupting or attempting to gain unauthorized access to other Accounts on the Website or any other computer network; (viii) committing, or attempting to commit fraud, especially through the use of mechanisms, software, or any script in association with the Website that is intended to interrupt the functioning of the Website, help a user achieve better results than could be achieved through the sole use of a mouse/keyboard, help the user to achieve a score that is not possible by following the Challenge controls described by Skyviq, or negatively influence another Player's Challenge controls; (ix) opening and/or using multiple Accounts; (x) purposely causing an interruption or error in order to influence a Challenge, such as to cause the Challenge to prematurely end; (xi) cooperating with other Members in a way that could create an advantage over novice users and thus diminish their opportunity for fair play and reduce their chances of winning; (xii) intentionally poor play in certain games in order to achieve a broader competitive advantage (i.e. "sandbagging"); (xiii) harassing other Members or Players; (xiv) disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; (xv) causing any breach of the security of Your Account or the Website; or (xvi) breaching any of these Terms and Conditions.
B. Reporting Abuse or Inappropriate Conduct.
If you wish to report any abuses, inappropriate online conduct or a violation of Skyviq's Terms and Conditions, please forward all evidence of the same to support@skyviq.com. Please refer responsibly!
C. Penalties for Abuse, Inappropriate Online Conduct and Violating Skyviq's Terms and Conditions.
Skyviq reserves the right to block, cancel or terminate Member Accounts without notice in cases of abusive behavior or suspicion of abuse, inappropriate online conduct, and/or for a violation of these Terms and Conditions, particularly in those instances detailed in sections 13(A) and 13(B). Upon the receipt of a credible and validated complaint, Skyviq may elect to immediately suspend or terminate Member's Account. (Suspension serves as a "final" warning and is intended to prevent You from continuing any abusive behavior.) If this occurs, then Challenges or Challenges which have already begun will be aborted by Skyviq and the results will not be evaluated; the Player in violation must then compensate Skyviq for any problems arising therefrom. Skyviq will evaluate each validated abuse incident on a case-by-case basis and impose suspension or termination at its sole discretion, and may void any associated winnings. Skyviq reserves the right to lift any suspension against You at any time, at its sole discretion. Skyviq reserves the right to institute civil or criminal proceedings against You and/or report You to the relevant regulatory or law enforcement authorities.
13. Circumvention.
You acknowledge and agree that You shall not circumvent or attempt to circumvent any of these Terms and Conditions, the Service or any Challenges offered through this Website or otherwise interrupt or attempt to interrupt the operations of the Website (collectively, a "Circumvention Act"). If Skyviq determines, in its sole discretion, that You have engaged, or attempted to engage, in any Circumvention Act, use automated technology or otherwise unfairly alter Your chances of winning, or to otherwise commit fraud with regard to the Website, then, in such an event, You will forfeit all winnings to which You may otherwise be entitled, and Skyviq reserves the right to terminate Your Account immediately and institute civil or criminal proceedings against You and/or report You to the relevant regulatory authorities.
14. Security.
If You use this Website, You are responsible for restricting access to Your computer and ensuring that Your computer is free from all types of malicious code, spyware, viruses, Trojans, etc. that may track any data You enter via this Website, including e-mail address, credit card number, and other payment related information. In addition, You are responsible for maintaining the confidentiality of Your Account and Identifiers and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your Account or password. You agree to (a) immediately notify Skyviq of any unauthorized use of Your password or Account or and other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Skyviq cannot and will not be held liable for any loss or damage arising from Your failure to comply with this section.
Skyviq reserves the right to monitor all network traffic to this Website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to this Website in any fashion. Anyone using this Website expressly consents to such monitoring.
15. Indemnification.
You agree to defend, indemnify and hold harmless Skyviq and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors from and against all liabilities, actions, claims and expenses, including legal fees arising out of or relating to: (a) Your use of the Website or the Service, including any data or work transmitted or received by You or any service provider; (b) any other party's access and use of the Website or the Service with Your unique Identifiers, except where You have previously notified Skyviq that You believe such Identifiers are no longer secure and confidential, as specified in Section 5B; (c) Your connection to any Skyviq site; (d) Your violation of these Terms and Conditions; (e) Your violation of any sports betting regulations, edicts or laws to which the You are subject; or (f) Your violation of any rights of a third party or service Skyviq.
16. Arbitration.
Any dispute relating in any way to Your visit to Website shall be submitted to confidential arbitration and resolved in a mutually fair manner between You and Skyviq. You agree not to instigate any kind of legal action against Skyviq nor its officers, employees or partners, including class-action lawsuits of any kind. You agree that the maximum level of reparations for any complaints or disputes made by You is a refund by Skyviq of the latest Gold or Platinum Membership fee that You have paid. Upon such refund made to You, Skyviq will terminate Your account and You agree never to use the Skyviq Website again in the future. Skyviq's goal is to provide an optimal Player experience and as such appreciates Player feedback and strives to constantly improve the Player experience.
17. Waiver/Severability.
The failure of Skyviq to require or enforce strict performance of You of any provision of these Terms and Conditions or to exercise any right under them shall not be construed as a waiver or relinquishment of Skyviq's right to assert or rely upon any such provision or right in that or any other instance.
The provisions of these Terms and Conditions are intended to be severable. If for any reason any provision of these Terms and Conditions shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms and Conditions, which shall continue to be in full force and effect.
18. Statue of Limitations.
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 Website, Terms and Conditions, Privacy Policy, or Software Terms must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
19. Privacy Policy.
Skyviq values your privacy and is dedicated to ensuring that the sensitive personal information You provide to Skyviq is properly protected. All personal and financial information You submit is transmitted using maximum SSL security encryption allowed by law.
Skyviq only collects the minimum information that is needed in order to securely process your membership application and to be able to contact you to provide customer support. Your IP address is stored for security and fraud detection purposes.
Only Skyviq employees dealing with a customer support request or investigating a suspicious transaction have access to your data. In very rare cases, Skyviq may release your contact details according to governmental authorities when required to do so by law. In no instances will Your private information be compromised where it could be subject to abuse by other parties.
20. Entire Agreement.
These Terms and Conditions constitute the entire agreement between You and Skyviq with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms and Conditions, Privacy Policy, or Software Terms will be effective only if in writing and signed by Skyviq.
The section titles in the TERMS AND CONDITIONS are for convenience only and have no legal or contractual effect.
Date Last Modified: Sep 1, 2020.