IMPORTANT – PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SOFTWARE.
THIS LICENSE AND TERMS OF SERVICE (THE “TERMS”) ARE HEREBY ENTERED INTO AND AGREED UPON BY YOU, EITHER AN INDIVIDUAL OR AN ENTITY (“YOU”, “YOUR” OR “USER”) AND SKOSH LLC AND ITS AFFILIATES, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, ITS PARTNERS, SUPPLIERS AND LICENSORS (COLLECTIVELY “SKOSH”) COVERING YOUR USE OF ANY SOFTWARE OR SERVICES (“SKOSH APP”). THESE TERMS ARE LEGALLY BINDING ON ALL USERS OF THE SKOSH APP AND CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN USER AND SKOSH. BY USING THE SKOSH APP, USER EXPRESSLY AND IRREVOCABLY AGREES TO THE TERMS AND TO ABIDE BY THESE TERMS. SKOSH MAY REVISE THESE TERMS FROM TIME TO TIME AT ITS SOLE DISCRETION.
YOU ACKNOWLEDGE UPON YOUR DOWNLOAD OF ANY SOFTWARE THAT YOU HAVE REVIEWED AND AGREED TO ALL OF THE TERMS SET FORTH IN THIS DOCUMENT. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT INSTALL OR USE THE SOFTWARE. IF YOU HAVE ALREADY DOWNLOADED THIS SOFTWARE AND DO NOT AGREE TO THESE TERMS, PLEASE DELETE THE SOFTWARE AND IMMEDIATELY DISCONTINUE ITS USE. YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THESE TERMS, UNDERSTAND IT, AND AGREE TO COMPLY WITH THE TERMS.
BY CLICKING THE "ACCEPT" BUTTON, OPENING THE PACKAGE, DOWNLOADING THE PRODUCT, OR USING THE EQUIPMENT THAT CONTAINS THIS SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT CLICK THE "ACCEPT" BUTTON AND THE DOWNLOAD PROCESS WILL NOT CONTINUE.
1.1 "Software" means the object code versions of the product, together with the updates, upgrades, modifications or enhancements owned and provided by Skosh to You pursuant to this agreement.
1.2Device" means the hardware on which the Software is downloaded whether physical or virtual, or shall mean the computer system with which the hardware operates, if the hardware is a computer system component.
1.3"Content" means all information and materials, regardless of format, including all Content, text, images, data, information, sound, video clips, and other material displayed, available or present on or through this Website or the Services.
2. GENERAL USE.
2.1 Individual Components. The Software is an application made up of individual software components, each of which was individually written and copyrighted.
2.2 Collective Work. The Software is a collective work under U.S. Copyright Law. Upon download of this Software, Skosh hereby grants You the following license to use the Software for your personal use subject to the terms contained herein.
3. GRANT OF LICENSE. Skosh hereby grants to You a personal, limited, non-exclusive, nontransferable license to use the Software and any related documentation ("Documentation"), subject to the terms of this Agreement.
4. LICENSE RESTRICTIONS.
4.1 You may not: (i) permit other individuals to use the Software or Documentation except under the terms listed herein; (ii) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the Software or Documentation; (iii) rent, lease, or otherwise transfer rights to the Software or Documentation; or (iv) remove any proprietary notices or labels on the Software or Documentation. Any such forbidden use shall immediately terminate Your license to the Software.
4.2 Skosh Name. “SKOSH” is a trademark and service mark owned by Skosh. Unless authorized in writing by an authorized officer of Skosh, Skosh's marks may not be used in connection with any third-party product or service. You may not delete, remove, hide, move or alter any icon, image or text that represents the company name of Skosh, any derivation thereof, or any icon, image, or text that is likely to be confused with the same. All representations to the company name “SKOSH” must remain as originally distributed regardless of the presence or absence of a trademark, copyright, or other intellectual property symbol or notice requirement.
4.3 Export Restrictions. The Software (including encryption software) and Documentation (including any technical data) delivered to You under these Terms are subject to U.S. export control laws and regulations and may also be subject to import and export laws of the jurisdiction in which it was obtained, if outside the U.S. You shall abide by all applicable export control laws, rules and regulations applicable to the Software and Documentation. You agree that You will not export, re-export, or transfer the Software or Documentation, in whole or in part, to any country, person, or entity subject to U.S. export restrictions. You specifically agree not to export, re-export, or transfer the Software or Documentation: (i) to any country to which the U.S. has embargoed or restricted the export of goods or services, or to any national of any such country, wherever located, who intends to transmit or transport the products back to such country; (ii) to any person or entity who You know or have reason to know will utilize the Software or portion thereof in the design, development, production or use of nuclear, chemical or biological materials, facilities, or weapons; or (iii) to any person or entity who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government.
4.4 Compliance with Applicable Laws. You agree that You shall only use the Software and Documentation in a manner that complies with all applicable laws in the jurisdictions in which You use the Software and Documentation, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.
5. Distribution. Skosh is not and does not purport to be a distributor of any items or gifts purchased using the Skosh App. All sales of alcoholic beverages, items and/or gifts purchased through the Skosh App are sold and fulfilled by a licensed retailer (“Retailer” or “Retailers”), which are licensed in the state, county, city or municipality (“Location”) in which such Retailer operates and which is legally permitted to deliver alcoholic beverages in the Location of intended delivery.
6.USER REPRESENTATIONS. By using the Skosh App, You acknowledge and affirmatively represent that:
7.RIGHTS, TITLE, AND INTEREST TO INTELLECTUAL PROPERTY. Unless as conveyed herein, all rights, title, and interest in and to the Software, Documentation, and corresponding intellectual property (including without limitation any images, photographs, animations, video, audio, music, and text incorporated into the Software, the accompanying printed materials, and any copies of the Software) shall remain with Skosh or are publicly available. These Terms do not grant You any rights, title, or interest in or to any trademarks, service marks, or trade secrets of Skosh or its suppliers. The Software and Documentation are protected by the copyright and intellectual property laws of the United States and international copyright and intellectual property laws and treaties. All title, rights, and interest in and to Content, which may be accessed through the Software, is the property of the respective Content owner, shall be retained by the applicable Content owner, and may be protected by applicable copyright or other intellectual property laws and treaties. These Terms give You no rights to such Content, including use of the same. All rights not expressly granted under these Terms are reserved by Skosh or third parties.
8. RIGHT TO TERMINATE ACCOUNT OR REFUSE SERVICE.
8.1 Right to Terminate. Skosh may, in its sole and absolute discretion, terminate your Skosh App Account with or without cause at any time, without notice, effective immediately.
8.2 Right to Refuse Service. Skosh shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Skosh shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Skosh shall immediately issue a credit to your credit card account in the amount of the charge.
Skosh may collect and track information about Users. Skosh reserves the right to compile, save, and use within the scope of Skosh’s activities and to analyze any and all User data (registration data and use history). With respect to any message, data, image, text, photos, graphics, audio, video or other material you elect to post to such publicly accessible areas of our app, while you retain any and all of your lawfully owned rights in such Content, you grant Skosh a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content which you provide (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed and to exercise the same rights with respect to such works.
10. MODIFICATIONS TO PRICES OR BILLING TERMS. Skosh reserves the right, at any time, to change its prices and billing methods for products or services sold, effective immediately upon delivery by any legal means or by posting on Skosh’s website.
11. 47 U.S. Code § 230 – COMPLIANCE AND NOTICE. As required by the Communications Decency Act of 1996, Skosh hereby notifies You that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist You in limiting access to Content that may be harmful to minors. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, SurfWatch, and GuardOne. Skosh does not sponsor or endorse any of these companies or their services.
12. NO WARRANTY. SKOSH IS PROVIDING AND LICENSING THE SOFTWARE AND SERVICES TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. SKOSH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OPERATION, OR FUNCTIONALITY OF THE SKOSH APP, OR ANY COMPONENT THEREOF. SKOSH DOES NOT WARRANT THAT THE SKOSH APP WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS THEREWITH WILL BE CORRECTED.
13. LIMITATION OF LIABILITY. IN NO EVENT SHALL SKOSH AND/OR ITS PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SKOSH APP, THE USE OR PERFORMANCE OF THE SKOSH APP, THE DELAY OR INABILITY TO USE THE SKOSH APP, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED BENEFITS OBTAINED THROUGH THE SKOSH APP, OR OTHERWISE ARISING OUT OF THE USE OF THE SKOSH APP, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SKOSH OR ANY OF ITS RETAILERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
If you are dissatisfied with any portion of the Skosh app, or with any of these terms, your sole and exclusive remedy is to discontinue use of the Skosh app. This sole and exclusive remedy is separate and independent of any other provision that limits Skosh's liability or your remedies.
14. USER INDEMNIFICATION. You agree to defend, indemnify and hold harmless Skosh from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from
15. MISCELLANEOUS. If any provision of these Terms is held to be unenforceable, the unenforceability of that provision shall not affect the enforceability of the remaining provisions. These Terms shall be governed by the laws of the State of Florida and of the United States, without regard to any conflict of law provisions, except that the United Nations Convention on the International Sale of Goods shall not apply. You hereby consent to the sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to this Agreement to the federal or state courts of Florida located in Dade County.
16. COMPLETE AGREEMENT. These Terms constitute the entire agreement between the Parties and supersede all prior or contemporaneous communications, agreements and understandings, written or oral, with respect to the subject matter hereof including without limitation the terms of any third party terms contained in the Software or any purchase order issued in connection with these Terms. These Terms shall not be amended or modified except in a writing signed by authorized representatives of each party.
Please Read Carefully Prior To Using This Website or the Skosh App:
Skosh may use the information we collect from and about you to:
Skosh may disclose the information we collect from and about you (a) to our third party service providers, if the disclosure will enable the service provider to perform a business, professional, or technical support function for Skosh; (b) in association with law enforcement, fraud prevention, a subpoena, or other legal or government investigatory action; (c) as required by law, rule, or regulation; (d) if Skosh reasonably believes it is required to protect Skosh, its customers, or the public; or (e) as described to you and the point of collection.
Skosh may provide aggregated statistics about users to third parties, but such information will be aggregated so that it does not identify a particular individual or company.
User expressly and specifically acknowledges and agrees that Skosh may use the User’s email address or other means of communicating with User in order to send User offers, information or any other commercially-oriented emails or other means of communications. Skosh may periodically send you information regarding Skosh, its products or its partners. If you no longer wish to continue receiving such information, please click the “unsubscribe” link available at the bottom of the relevant email. You can also contact Skosh at info@theSkoshApp.com or at unsubscribe@Skosh.com, and let Skosh know that you no longer wish to receive such information. Alternatively, you can reply to an email from Skosh and type "REMOVE" in the subject line.
Certain areas of the Website and Skosh App may require you to provide certain personal information. It is your responsibility to provide the most recent available and accurate information. Additionally, please inform Skosh of any change of name, address, or other information. You have the right, subject to certain exemptions, to obtain a copy of any personal data we hold about you and to correct any inaccuracies in such data. If you wish to avail of any of these rights, please contact Skosh at: email@example.com. Your request will be dealt with as soon as possible and in any event, within 40 days. If you have created an account on the Website or Skosh App, you may update certain information in your account profile. In addition, you may request that Skosh update, modify, or delete your registered information by sending an email to firstname.lastname@example.org with the words "UPDATE USER INFORMATION" in the subject line.
Skosh uses commercially reasonable security measures, and strives to safeguard information concerning, and submitted by, users. Despite the security measures employed by Skosh, users should be aware that it is impossible to guarantee absolute security with respect to electronic information, and User agrees and accepts the risks associated with the same.
Our Sites are designed to appeal to adults. We do not knowingly solicit any information from children nor do we knowingly market or otherwise target our Sites or its products or services to children. If we become aware that a visitor to our Sites is under the legal drinking age in the country or other territory in which he or she is located at the relevant time and has registered without verifiable parental consent, we will remove his or her personal information from our files.
© 2015 Skosh LLC All Rights Reserved.
Last Updated 12/10/2015