Access and Use
SKOOZITM grants you a personal, non-exclusive, non-transferable, limited license to use the System and to view or access the Services subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer (except to the extent permitted by applicable law), reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the System, the Services, or any Content available via the System. You further agree neither to modify the System, or any part thereof, in any form or manner, nor to use any modified versions of the System or the Services, for any reason whatsoever, without the express written consent of SKOOZITM. You may not attempt to gain any unauthorized access to the System or any of its associated Content, including computer systems, software, or networks. No commercial use or redistribution of any Content, materials, or information contained on or offered through the System or the Services is permitted, unless expressly permitted on the System or otherwise specified in a prior agreement between you and SKOOZITM.
Note that the System may (a) prompt you to grant access to your device’s camera, microphone or contacts, (b) ask you to enable location tracking, and/or (c) allow notifications to be sent to you in connection with your use of the System. In the event that you disable such access or notifications, you understand that the System will lose certain functionality.
Rates vary depending on the celebrity. The rates are determined by each individual celebrity and are posted on their page before a purchase takes place. Amounts for a requested recorded message are charged on a ‘per message’ basis. Amounts for a live video chat are charged on a per minute basis. Both the rate and number of minutes are pre-determined by the celebrity and is displayed before the purchase takes place.
For Recorded Video Messages:
You are only charged when the celebrity delivers the message. If you do not receive the message, you will not be charged. If you receive the message and there are technical issues, you can contact SKOOZITM via email, firstname.lastname@example.org, and the message will be resent. If problems still exist after the second attempt, you can receive a full refund.
Live Video Chat: You are charged for the Live Video Chat when the chat has been completed. If technical issues occur that cause the video chat to not be completed successfully, you can try to connect with the celebrity again immediately to complete the chat. If issues persist, you can contact SKOOZITM via email, email@example.com. No charges will be incurred until the chat has been completed.
A timer begins counting down as the chat occurs. You are charged when the time runs out regardless of the stage of conversation. If the celebrity approves the chat to be public, you will receive an email with a copy of the video. If the celebrity does not approve the chat to be public, you will be notified accordingly. You will be charged the same amount regardless of whether the celebrity approves the chat to be public.
Any use or attempted use of the System (i) for any unauthorized, fraudulent or malicious purpose; (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (iii) that could interfere with any other party's use and enjoyment of the System; (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; (v) to access systems, data or information not intended by SKOOZITM to be made accessible to a user; (vi) to attempt to obtain any materials or information through any means not intentionally made available by us; or (vii) for any use other than the purpose for which it was intended, is prohibited.
In addition, in connection with your use of the System, you agree you will not: * Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity; * Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any SKOOZITM representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; * Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); * Upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another; * Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; * Use any of the System’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); * Upload or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation, commercial or otherwise; * Violate any applicable local, state, national or international law; * Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright, other proprietary right, publicity, personality, privacy rights of any party; * Delete or revise any material posted by any other person or entity; * Probe, scan, test the vulnerability of or breach the authentication measures of, the System or any related networks or systems; * Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any products or services if you are not expressly authorized by such party to do so; * Harvest or otherwise collect information about others, including e-mail addresses; or * Use any robot, spider, scraper, or other automated or manual means to access the System, or copy any Content or information on the System.
Any recordings, images, information, communications, or material of any type or nature that you submit to the System or any of our pages contained on a social media platform or website by e-mail, posting, messaging, uploading, downloading, or otherwise (collectively, a “Submission”) is done at your own risk and without any expectation of privacy. SKOOZITM does not own any Submissions provided via the System. However, by uploading/inputting/submitting such Submissions, you are granting SKOOZITM a nonexclusive, irrevocable, worldwide, sublicenseable, transferable, perpetual, unlimited, assignable, fully paid up and royalty-free right to copy, publish, prepare derivative works of, distribute, process, analyze, use and commercialize, in any way now known or in the future discovered, such Submissions (or any content or materials contained therein); except that, with respect to Submissions made pursuant to a separate agreement between SKOOZITM and a user (i.e., a celebrity or other public figure (each a “Celebrity”) uploading recordings for viewing by fans), SKOOZITM’s rights in such Submissions shall be limited as set forth in a separate agreement between the parties. All Submissions uploaded/inputted/submitted by you are provided at your own risk and you hereby represent and warrant that you have the full legal right to so use such Submissions and that they, and any content or material contained therein, is not confidential or proprietary to any third party, nor are you using it in violation of any law or contractual restriction.
Notice Regarding Copyright Agent
If you believe that any content on the System violates or infringes upon your copyright interests pursuant to Title 17, United States Code, Section 512(c)(2), please provide a notice to the designated Copyright Agent (as set forth below) for the applicable portion of the System containing the following:
An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest;
Identification of the copyrighted work claimed to have been infringed;
Identification of the material that is claimed to be infringing and information reasonably sufficient to permit SKOOZITM to locate the material;
The address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
A representation 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 representation that the information in the notice 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.
Copyright infringement claims and notices should be sent to:
Skoozi, Inc. 3423 Piedmont Rd. NE, ste 569, Atlanta, GA 30305 Attn: Virginia Coker firstname.lastname@example.org
SKOOZITM reserves the right to do any of the following at any time without notice: (i) modify, suspend, or terminate operation of or access to the System, or any portion of the System, for any reason; (ii) modify or change the System, or any portion of the System, and any applicable policies or terms; and (iii) interrupt the operation of the System, or any portion of the System, as necessary to perform routine or non-routine maintenance, perform error correction, or make other changes.
Typographical Errors The System could include technical inaccuracies or typographical errors. SKOOZITM shall have no liability in connection with any such inaccuracies or errors, nor shall SKOOZITM have any obligation to identify and/or correct any such inaccuracies or errors.
Viruses All responsibility or liability for any damages caused by viruses contained within the electronic files or on the System is disclaimed.
Links to Other Content For your convenience, certain hyperlinks may be provided on the System that link to other applications or websites which are not under the control of SKOOZITM (the “Linked Content”). SKOOZITM does not endorse or sponsor any Linked Content and is not responsible for the availability, accuracy, content, or any other aspect of the Linked Content. SKOOZITM disclaims all liability for such Linked Content, for all access to and use thereof, and for use of the links to such Linked Content. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of other applications or websites, and any purchases of products or services is subject to the terms and conditions of such other applications or websites. You agree that you will bring no suit or claim against SKOOZI arising from or based upon any such use of other applications, websites, or content contained therein (including the Linked Content). Hyperlinks to such Linked Content on the System do not imply that: (a) SKOOZITM is affiliated or associated with any Linked Content; (b) SKOOZITM is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any Linked Content is authorized to use any trademark, trade name, logo, or copyright symbol of SKOOZITM.
Disclaimer of Third Party Information The System may contain offers for sale of merchandise or services not provided by SKOOZITM. Such merchandise and services may be obtained only by linking to the applicable merchant's website in order to make the transaction. Terms of the offer shown on the System, including, but not limited to, price, color, quantity, availability, and description may vary from those shown on the merchant's website. Differences in the terms of an offer between the System and a merchant's website will be governed by the terms shown on the merchant's site. SKOOZITM is not responsible or liable for any such differences or discrepancies or the performance of any products or services obtained via such third party website.
To the extent that any information, services, videos, recordings, material, or functionality on the System is provided by third party content providers or a Celebrity (“Third Party Materials”), SKOOZITM has no editorial control or responsibility over such Third Party Materials. Therefore, any opinions, statements, products, services or other Third Party Materials are those of the applicable third party suppliers or such Celebrity (as applicable). SKOOZITM does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party (including any Submissions), or represent or warrant that your use of any Third Party Materials will not infringe rights of third parties not owned by or affiliated with SKOOZITM.
*Accounts, Passwords, and Security * Certain features or services offered on or through the System may require you to open an account (including establishing a login ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your login ID and password, and for any and all activity that occurs under your account or login ID. You agree to notify SKOOZITMimmediately upon learning of any unauthorized use of your account, login ID, or password or any other breach of security. However, you may be held liable for losses incurred by SKOOZITM or any other user of or visitor to the System due to another person using your account, login ID, or password.
You may not use any other user’s account, login ID, or password at any time without the express permission and consent of the holder of that account, login ID, or password. SKOOZITM cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
YOU AND SKOOZITM EACH WAIVE THE RIGHT TO BRING CLAIMS ON A REPRESENTATIVE OR CLASS BASIS, EVEN IF ICC PROCEDURES OR RULES WOULD ALLOW IT. The arbitrator may award monetary or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. IF THIS CLASS ACTION WAIVER IS DEEMED UNENFORCEABLE, THEN THE ENTIRE ARBITRATION PROVISION SHALL BE DEEMED UNENFORCEABLE. IN NO CIRCUMSTANCE SHALL CLASS CLAIMS BE BROUGHT OR ADJUDICATED IN ARBITRATION.