Terms of Service
Content Standard Terms of Service
- ACCEPTANCE OF TERMS: The Contentstandard.com web site and service (the “Service”) is operated by Skyword Inc. By using this Service, you agree to be bound by these Terms of Service (the “TOS”). You can review the most current version of the TOS at any time at: http://www.contentstandard.com/terms-of-service/. You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
Use of the Service: You may use this Service solely for personal and non-commercial purposes only and subject to these TOS, all applicable laws, rules and regulations, and any agreements or terms with third parties to which you are subject. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Skyword is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable. If you do so object, you should not use the Service.You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Service. Further, you may not use any such automated means to manipulate the Service or attempt to exceed the limited authorization and access granted to you under these TOS. You may not resell use of, or access to, the Service to any third party.
- Registration: You may use the Service without registration, but in order to take advantage of some aspects of the Service, you will need to register for an account, which may be administered by a third party. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password.
- Links: This Service may contain links to other web sites not maintained by us. These links may include listings that can provide you with further information, or links that have been included in materials uploaded to the Service by a party other than Skyword. We encourage you to be aware when you leave our Service and to read the terms and conditions and privacy statements of each and every web site that you visit. We are not responsible for the practices or the content of such other web sites or services.
- Proprietary Rights: You acknowledge and agree that the Service contains proprietary information that is the property of Skyword and its licensors and is protected by applicable intellectual property and other laws. You further acknowledge and agree that any material 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 authorized by Skyword, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part. Skyword reserves all rights not granted under these TOS.
- Termination of Access: In addition to any right or remedy that may be available to us under these TOS or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the Service, at any time with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.
- Representations and Warranties: You hereby represent, warrant and covenant to Skyword that (i) you shall at all times be in compliance with this TOS; (ii) your actions in connection with this Agreement will not be in violation of any applicable law, rule, or regulation; and (iii) the acceptance of this TOS does not conflict with, constitute a breach of, or in any way violate any arrangement, understanding or agreement to which you are a party or by which You are bound.
- Indemnification: You shall defend, indemnify and hold harmless Skyword and its related parties, licensees, and customers (collectively, the “Indemnified Parties”), from and against all claims, demands, suits, losses, damages, costs, awards, judgments and expenses (including the costs of investigation and defense and reasonable attorneys’ fees), regardless of the form of action, including, without limitation, those based on, arising out of or relating to: (i) your breach or alleged breach of any term, representation, warranty or covenant contained in this Agreement or the Policies; (ii) your use of materials or features available on the Service; and (ii) your acts or omissions (including negligence or strict liability) related to the subject matter of this TOS, including, without limitation, any third party claim or action based on, arising out of or relating to any Content licensed hereunder. You shall promptly reimburse Skyword and the Indemnified Parties for any liabilities incurred in connection with any such claims. Skyword shall provide you with: (a) prompt written notification of any such claims (which may be in email form); (b) sole control and authority over the defense or settlement thereof; and (c) reasonable assistance necessary to settle and/or defend any such claim, at your sole expense, provided that if any settlement requires any action or admission by, or would impose a monetary obligation on Skyword or the Indemnified Parties, then the settlement will require Skyword’s prior written consent. Failure by Skyword to provide prompt notice of a claim or to provide such control and authority or information and assistance, shall not relieve you of your obligations under this Section, except to the extent that you are materially prejudiced by such failure in your defense of such claim. Skyword may have its own counsel present at and participating in all proceedings or negotiations relating to such claim, at Skyword’s own expense, unless you fail or refuse to secure legal counsel to defend any such claim in a timely manner, in which case the expense of Skyword’s counsel shall be borne by you.
- Warranties: THE SERVICE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED “AS IS” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SERVICE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Limitation of Liability: COMMUNICATIONS DECENCY ACT. SKYWORD IS A PROVIDER OF INTERACTIVE COMPUTER SERVICES, SUBJECT TO THE PROTECTIONS, IMMUNITIES AND LIMITATIONS OF LIABILITY AFFORDED BY THE COMMUNICATIONS DECENCY ACT (47 U.S.C. 223 et seq.) AND OTHER APPLICABLE LAWS.
DIGITAL MILLENNIUM COPYRIGHT ACT. SKYWORD IS AN INTERACTIVE SERVICES PROVIDER, SUBJECT TO THE PROTECTIONS, IMMUNITIES AND LIMITATIONS OF LIABILITY AFFORDED BY THE DIGITAL MILLENNIUM COPYRIGHT ACT (17 U.S.C. 512 et seq.) AND OTHER APPLICABLE LAWS.
IN NO CASE SHALL SKYWORD OR ITS RELATED PARTIES BE LIABLE FOR ANY, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES, IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT (INCLUDING LOSS OF PROFIT, USE OR OTHER ECONOMIC ADVANTAGE), WHETHER THE BASIS OF THE LIABILITY IS BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR ANY OTHER LEGAL THEORY. SKYWORD’S AND ITS RELATED PARTIES’ TOTAL LIABILITY BASED UPON, ARISING OUT OF, RESULTING FROM, OR IN ANY WAY CONNECTED WITH THE PERFORMANCE OR BREACH OF THIS AGREEMENT, SHALL IN NO CASE EXCEED TEN DOLLARS (U.S. $10.00). YOU ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS REFLECT A FAIR ALLOCATION OF RISK AND THAT SKYWORD WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY, AND YOU AGREE THAT THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, IN SUCH JURISDICTIONS, THE PARTIES AGREE THAT THE LIABILITY OF SKYWORD AND ITS RELATED PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH JURISDICTION.
- Digital Millennium Copyright Act (“DMCA”) Notice: Materials may be made available via the Service by third parties. We are under no obligation to, and do not, scan content used in connection with the Service for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Service. If you believe any materials on the Service infringe a copyright, you should provide us with written notice that at a minimum contains:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- 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 us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party 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; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to via email: firstname.lastname@example.org
- General Information:
This constitutes the entire agreement between You and Skyword and governs Your use of the Service.
No Employee Relationship
Nothing contained in this Agreement shall be construed to create an employer-employee relationship or joint venture partnership between Skyword and You.
This Agreement shall be subject to and governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. You and Skyword agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Suffolk, Massachusetts.
Waiver and Severability of Terms
The failure of Skyword to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
- Statute 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 Platform or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- Survival: Sections 5, 6, 9, 11, and 13 shall survive the termination of this Agreement.
- Questions: Please submit any questions on the TOS to Skyword at email@example.com.