The Skills
User Terms of Use
Last Updated: October 7, 2021
Welcome to theskills.com, the website, online and/or mobile service of Skills Annex, Inc. d/b/a The Skills (“The Skills,” “we,” or “us”). This page explains the terms by which you may use our online and/or mobile services, website, and software services (collectively, the “Service”). By accessing or using the Service, or by clicking a button or checking a box marked “By checking here, I agree to the Terms of Use” (or something similar), you signify that you have read, understood, and agree to be bound by these Terms of Use (“Terms”) as well as to the collection and use of your information as set forth in our Privacy Policy and, as applicable, the Talent Terms of Service set forth below (collectively, the “Agreement”), whether or not you are a registered user of our Service. The Skills reserves the right to modify these terms and will provide notice of these changes as described below. This Agreement applies to all visitors, users, and others who access the Service (each a “User”, and collectively, “Users”). Your use of our Service as a Talent (defined below) is further governed by the Talent Terms of Service.
The Skills may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change these Terms in a material manner, we will provide notice by posting the updated version and updating the “Last Updated” date. Your continued use of the Service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future Terms, do not use or access (or continue to access) the Service.
Please read this Agreement carefully to ensure that you understand each provision. This agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
- Eligibility.
This is a contract between you and The Skills. You must read and agree to these terms before accessing the Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a legally binding contract with The Skills, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Unless specifically allowed by a portion of this Agreement, any use or access to the Service by anyone under 16 is strictly prohibited and in violation of this Agreement (and, if between 16 and 18 years old, you are registering with the supervision and with the consent of your parent or legal guardian, who also agrees to these Terms). The Service is not available to any Users previously removed from the Service by The Skills. You represent and warrant that:
a.) You are of legal age to form a binding contract;
b.) You have not been prohibited from using or accessing any aspect of the Service by us or pursuant to any applicable law or regulation;
c.) You will comply with all applicable terms of any third-party payment provider we select, and you are not on a prohibited list of that payment provider;
d.) You (and any account that you created or utilize) have not been previously banned or removed from the Service for any reason; and
e.) You are not a convicted sex offender.
- User Accounts
a.) Your account on the Service (your “User Account”) gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. By connecting to The Skills with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
b.) You may never use another User’s User Account without permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your User Account. You must notify The Skills immediately of any breach of security or unauthorized use of your User Account. The Skills will not be liable for any losses caused by any unauthorized use of your User Account.
c.) By providing The Skills your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
- Service Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to The Skills servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that The Skills grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes or for public performance or display; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
- Limited License
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only, as permitted by the features of the Service, and not for resale or export. The Skills reserves all rights not expressly granted herein in the Service and The Skills Content (as defined below). THE SKILLS MAY REVOKE ACCESS TO ANY THE SKILLS CONTENT (AS DEFINED BELOW) AT ANY TIME FOR ANY REASON OR NO REASON.
- User Interaction
Use of the Service is subject to the Acceptable Use Policy. You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor interactions between you and other Users. The Skills shall have no liability for your interactions with other Users, or for any User’s action or inaction.
- Additional Terms
Some products or services offered through the Service may have additional terms and conditions (“Additional Terms”). If Additional Terms apply, we will make them available to you in connection with that product or service. By using that product or service, you agree to the Additional Terms.
- Fees and Payment
Fees. You agree to pay all amounts due in accordance with the payment terms in effect when you submit any request for Talent Content (as defined below) or purchase any other merchandise or service through the Service, including but not limited to Subscriptions (as defined in the Additional Terms) including any applicable service, transaction, or processing fees.
Currency. All transactions are in U.S. dollars (“USD”) unless otherwise specified at point of purchase.
Payment. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. We accept various Payment Methods through a payment processor, such as Stripe. By using the Service, you agree to be bound by Stripe's Services Agreement available at https://stripe.com/us/legal. You can update your Payment Method by emailing support@theskills.com. We may also update your Payment Method using information provided by your payment service provider. Following any update, you authorize us to continue to charge the applicable Payment Method. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, we may suspend your access to the Service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
Payment Questions. If you have a question about a purchase or a charge to your payment card, please contact us at support@theskills.com. We have the sole discretion to determine how billing disputes between us will be resolved.
- Talent Content
“Videos”, “Workshops”, “Messages”, and “Calls” (each as defined in their respective section of the Additional Terms) (collectively, “Talent Content”) may be available via the Service from individual talent in the areas of sports and wellness (each, a “Talent”).
a.) License. Subject to your payment in full for applicable Talent Content, Talent hereby grants to you a limited right to such Talent Content ordered and paid for by you solely for your own personal, non-commercial, and non-promotional purposes, subject to these Terms: a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, revocable license to use, reproduce, distribute, and publicly display that Video, in any and all media (for example, on social media platforms), whether now known or hereafter devised. You may not license, sell, re-sell, or encumber your rights in any Talent Content, including creating a non-fungible token (“NFT”). You may sublicense your rights in Talent Content only to the extent necessary for you to use the Video as permitted under these Terms (for example, sharing it with friends on a social media platform or sending it to a Recipient for personal, non-commercial, and non-promotional purposes as set forth above). You may use Talent Content only in accordance with this Agreement, including the Acceptable Use Policy. We may terminate all or part of the foregoing licenses at any time for any reason or no reason at all. We reserve the right to remove any Talent Content from our Service at any time for any reason without any notice to you.
b.) Acknowledgement. You acknowledge and agree that:
i.) The Skills will not be liable or responsible for Talent Content or any Submission (defined below);
ii.) You have no expectation of privacy with respect to any Talent Content or any Submission (as defined below), and that you will not make any Submission that infringes on the privacy or other rights of a third party;
iii.) Any watermark on Talent Content must remain intact and you agree not to edit, change, modify, cover, or remove the watermark from any Talent Content or assist or encourage any third party to do so; you further agree not to edit, change, modify, or create any derivative work of any Talent Content or assist, allow, or encourage any third party to do so;
iv.) If you breach any provisions of this Agreement, we may terminate your access to our Service, or we may remove or ban you (and/or any account you created or utilize). In such case, your license to use any Talent Content terminates and you must: promptly delete all copies of any Talent Content in your possession or control, including from any social media platform; notify any Recipient of the termination and instruct them to do the same, and take any other action we reasonably request, including identifying each Recipient.
- Ownership
a.) Talent Content. You acknowledge and agree that Talent Content is owned by the Talent who created it.
b.) Skills Content. Except as otherwise explicitly set forth herein, we or our licensors own all right, title, and interest in and to: (i) our Service, the “look and feel” of our Service, and all content available on our Service, including all software, ideas, processes, data, text, media, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and other content available on our Service (the “The Skills Content”) and all Intellectual Property Rights related thereto. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any The Skills Content. Use of The Skills Content for any purpose not expressly permitted by this Agreement is strictly prohibited. Our Service and The Skills Content are each protected under U.S. and international laws. For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other Intellectual Property Rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
c.) User Content. We claim no ownership rights over content created or submitted by you, provided that you hereby grant to us a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented or devised (including social media platforms), to use, reproduce, license, distribute, modify, adapt, reformat, publicly perform, publicly display, create derivative works of, and otherwise use the following for the purposes of operating and providing our Service, developing and improving our products and services, and advertising, marketing, and promoting our Service and our other products and services: (i) any request (video, text, or otherwise) that you make or send to any Talent, including information concerning any Recipient; and (ii) any submission of any kind whatsoever that you make to The Skills, whether through our Service, a social media platform, third-party website, or otherwise, including a reaction video, idea, intellectual property, publicity rights, Feedback (defined below), review, photo, video, email, text, post, or other communication, whether relating to you, or a third party. (i) and (ii) are individually and collectively referred to herein as a “Submission”. You understand that certain portions of the Service may allow other Users to view, edit, share, and/or otherwise interact with any Submission. By providing or sharing a Submission through the Service, you agree to allow others to view, edit, share, and/or interact with your Submission in accordance with this Agreement. With regards to each Submission, you represent and warrant that you either: (x) own all rights to such Submission; or (y) have all rights necessary, including with respect to any third party that contributed to, is included in, or is referred to, in such Submission, to grant to us the foregoing rights, and have the written consent of each and every identifiable natural person in the Submission, if any, to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use, and further that (z) The Skills may exercise the rights to any Submission granted hereunder without liability for payment of any reuse fees, guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise. You may not make any Submission that is confidential or proprietary or that contains or includes any information that you do not have the right to disclose or that you or any Recipient do not wish to be disclosed. The Skills will not be responsible or liable for any use or disclosure of a Submission, including any personal information belonging to you, a Recipient, or a third party. To the best of your knowledge, all Submissions and other information that you provide in connection with this Agreement is truthful and accurate.
d.) The Skills takes no responsibility and assumes no liability for any Submission that you or any other User or third party posts, sends, or otherwise makes available over the Service. You shall be solely responsible for your Submission and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your Submission. You understand and agree that you may be exposed to Submissions that are inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that The Skills shall not be liable for any damages you allege to incur as a result of or relating to any Submission. We may, for any reason or no reason at all, refuse to accept or transmit a Submission or refuse to remove a Submission from our Service. Further, we reserve the right to decide whether a Submission violates these Terms and/or the Agreement and may, at any time, without notice to you and in our sole discretion, remove any Submission, terminate your access to our Service, remove or ban you (and any account you created or utilize), or take other appropriate action in our sole discretion for violation of this Agreement.
e.) The Skills desires to avoid the possibility of future misunderstandings if a project developed by any The Skills Party (as defined below) may seem similar to your Submission. If your Submission consists of any idea, suggestion, proposal, plan, or other material related to our business (individually, and collectively, “Feedback”), you acknowledge and agree that you are submitting that Feedback at your own risk and that The Skills has no obligation (including no obligation of confidentiality or privacy) with respect to that Feedback, and you grant to The Skills a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented or devised, to reproduce, license, distribute, modify, adapt, publicly perform, publicly display, create derivative works of (for example, translations, adaptations, or other changes), and otherwise use and exploit in any manner (including commercially), any and all Feedback. The Skills may exercise the rights to any Submission granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise. You further acknowledge that, by acceptance of your Feedback, The Skills does not waive any rights to use similar or related ideas previously known to The Skills, or developed by its employees, or obtained from sources other than you.
f.) You hereby waive any and all moral rights or “droit moral” that you may have in any Submission, including Feedback, and you represent and warrant that no third party has any moral, “droit moral,” or other rights in Submission, including Feedback.
- Privacy
Your privacy is important to us. Our Privacy Policy explains how we collect, use, and share personal information and other data. By using our Service, you agree to our Privacy Policy and to have your personally identifiable information collected, used, transferred to and processed in the United States. The Skills cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
- Third Party Links and Information
a.) The Service may contain links to third-party materials that are not owned or controlled by The Skills. The Skills does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Service or share your Submission on or through any third-party website or service, you do so at your own risk, and you understand that this Agreement and The Skills’ Privacy Policy do not apply to your use of such sites. You expressly release The Skills Parties (as defined below) from any and all liability arising from your use of any third-party website, service, or content, including without limitation Submissions submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that The Skills shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers. IN CONNECTION WITH THE FOREGOING, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 (AND ANY OTHER SIMILAR APPLICABLE STATE STATUTE), WHICH PROVIDES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
b.) From time to time, an entity may be identified on a Talent’s booking page or be associated with the Talent elsewhere on the Service as a charitable organization or a recipient of funds that are being raised (“Charity”). For example, the Talent’s booking page may indicate that all or a portion of the Talent’s revenue from Talent Content will be given to a Charity. Those arrangements are strictly between the Talent and the Charity. The Skills is not a sponsor of, does not endorse, and is not affiliated with the Charity and is not a commercial co-venturer with respect to such arrangements (unless otherwise expressly stated in writing by The Skills). Unless expressly stated, The Skills does not control and makes no warranties about the Charity or any donation to the Charity.
- Changes to our Service or the Agreement
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
- Indemnification
You agree to defend, indemnify and hold harmless The Skills and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors (each, a “The Skills Party, “ and collectively, “The Skills Parties”), 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: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any Submission or any other content that is submitted via any account you created or utilize including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Service with your username, password or other security credentials. The Skills may select counsel and control the defense of any claim that you are indemnifying. You will reasonably cooperate with us in connection with any claim.
- Disclaimers and No Warranty
a.) The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from The Skills or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, The Skills, its subsidiaries, its affiliates, and its licensors do not warrant that any content is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. The quality of display of The Skills content may vary from device to device and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your internet connection. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.
b.) The Skills does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a Talent or any other third party through the Service or any hyperlinked website or service, and The Skills will not be a party to or in any way monitor any transaction between you and Talent or any other third-party providers of products or services.
c.)You acknowledge and agree that any material or information downloaded or otherwise obtained through our Service is done at your own risk and that you will be solely responsible for any damages, losses, costs, expenses, or liabilities arising from or in connection with doing so. No advice or information, whether oral or written, obtained by you from us or through our Service create any warranty not expressly made by us. You acknowledge and agree that when using our Service, you will be exposed to content from a variety of sources, and that The Skills is not responsible for the accuracy, usefulness, safety, legality, or Intellectual Property Rights of or relating to any such content. To the extent the Service provides professional information, such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, objectionable, or harassing, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against any The Skills Party with respect thereto.
d.)Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this Agreement will not apply to the extent prohibited by applicable law.
- Limitation of Liability
a.)To the maximum extent permitted by applicable law, in no event shall The Skills, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service. Under no circumstances will The Skills be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your account or the information contained therein.
b.)To the maximum extent permitted by applicable law, The Skills assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) Submission or the defamatory, offensive, or illegal conduct of any third party. In no event shall The Skills, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to The Skills hereunder or $100.00, whichever is greater.
c.)This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if The Skills has been advised of the possibility of such damage. You agree that the limitations of damages set forth above are fundamental elements of the basis of the bargain between The Skills and you.
d.)Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this Agreement will not apply to the extent prohibited by applicable law.
- Service Location
The Service is controlled and operated from facilities in the United States. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
- Governing Law, Arbitration, and Class Action/Jury Trial Waiver
a.) Governing Law. You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Los Angeles County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Los Angeles County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
b.) Arbitration. Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from The Skills. For any dispute with The Skills, you agree to first contact us at legal@theskills.com and attempt to resolve the dispute with us informally. In the unlikely event that The Skills has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Los Angeles County, California, unless you and The Skills agree otherwise. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing The Skills from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
c.) Class Action/Jury Trial Waiver. With respect to all persons and entities, regardless of whether they have obtained or used the Service for personal, commercial or other purposes, all Claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s Claims. You agree that, by entering into this Agreement, you and The Skills are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
- Since we respect artist and content owner rights, it is The Skills’ policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify The Skills’ copyright agent as set forth in the DMCA.
a.) For your complaint to be valid under the DMCA, you must provide the following information in writing:
i.) An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
ii.) Identification of the copyrighted work that you claim has been infringed;
iii.) Identification of the material that is claimed to be infringing and where it is located on the Service;
iv.) Information reasonably sufficient to permit The Skills to contact you, such as your address, telephone number, and, e-mail address;
v.) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
vi.) A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
b.) The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice
The Skills, Inc.
Address: 605 13 Street
Manhattan Beach, CA 90266
Tel.: 1-888-333-5596
Email: copyright@theskills.com
c.) Under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.
d.) Please note that this procedure is exclusively for notifying The Skills and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with The Skills’ rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
e.) In accordance with the DMCA and other applicable law, The Skills has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. The Skills may also at its sole discretion limit access to the Service and/or terminate the User Accounts of any Users who infringe any Intellectual Property Rights of others, whether or not there is any repeat infringement.
- Other Provisions
a.) Force Majeure. The Skills will not be responsible for any failure to perform due to causes beyond its reasonable control, including, without limitation, acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, earthquakes, accidents, strikes, fuel crises, epidemics or quarantines, or content take-down requests.
b.) Entire Agreement; Severability. This Agreement, including these Terms and our Privacy Policy together with any amendments, the Additional Terms (as applicable), and any additional agreements you may enter into with The Skills in connection with the Service, shall constitute the entire agreement between you and The Skills concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
c.) California Residents. The provider of services is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
d.) Notification Procedures and Changes to the Agreement. The Skills may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by The Skills in our sole discretion. The Skills reserves the right to determine the form and means of providing notifications to our Users, provided that you may be able to opt out of certain means of notification as described in this Agreement. The Skills is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
e.) No Waiver or Amendment. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and The Skills’ failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
f.) Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by The Skills without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
g.) Miscellaneous. The term “including” in this Agreement will be interpreted broadly and will mean “including, without limitation.” Section heading titles are for convenience only and will not be considered when interpreting this Agreement.
h.) Contact. Please contact us at support@theskills.com with any questions regarding this Agreement.
Additional Terms
PLEASE READ THE FOLLOWING TERMS CAREFULLY. By using a product or service referenced below, you agree to such additional terms as are set forth below, as applicable (which are Additional Terms as described in Section 4 of the Terms of Use and Section 18 of the Talent Terms of Service). These Additional Terms are governed by and are incorporated into the Agreement. Terms that are defined in the Agreement will have the same meaning in these Additional Terms. In the event of any conflict between the Terms of Use and these Additional Terms, the provisions set forth in these Additional Terms will control.
The Skills may, in its sole discretion, modify or update these Additional Terms from time to time, and so you should review this page periodically. When we change these Additional Terms in a material manner, we will update the ‘last updated’ date and notify you that material changes have been made. Your continued use of the Service after any such change constitutes your acceptance of the new Additional Terms. If you do not agree to any of these Additional Terms or any future Additional Terms, do not use or access (or continue to access) the Service.
Q&A SERVICE ADDITIONAL TERMS
Last Updated: October 7, 2021
1.) Q&A SERVICE. Talent may offer you the opportunity to obtain personalized videos (each, a “Video”, and collectively, “Videos”). You may submit a request to a Talent for a Video that is personalized for you or a third party that you identify as a recipient (“Recipient”).
a.) You acknowledge and agree that the Talent has sole discretion to determine how to fulfill your request and the content of the Video created and may not follow your request exactly. We reserve the right to reject any request in our sole discretion. The Talent has up to fourteen (14) days (at our sole discretion) to accept and fulfill your request. Once your request is fulfilled, your payment method will be charged the amount specified on the Talent’s booking page on our Q&A Service at the time you submitted the request.
b.) Talent Content is licensed, not sold. You are buying the right (or license) to use or view it, not the actual Talent Content itself.
c.) Fees. The fee for a Video or other offering is specified on the Talent’s booking page when you make your request. You agree to pay all amounts due in accordance with the payment terms in effect when you submit your request or purchase merchandise, including any applicable service, transaction, or processing fees.
d.) Refunds. You may not return or exchange a Video and no refunds will be issued under any circumstances for videos that are delivered by Talent. If a Talent declines your request for a Video or the Video is not delivered, you will receive a refund (in USD only) for the value of your purchase.
e.) The Skills reserves the right (but is under no obligation) to cancel your Video request if: (i) your payment method is declined; or (ii) you have previously been banned or removed from the Service for any reason. The Skills also reserves the right at any time to change its fees and payment procedures, including its payment options and terms, either or by other notice to you.
f.) Payment Questions. If you have a question about a purchase made on the App or a charge to your payment card, please contact us at support@theskills.com. We have the sole discretion to determine how billing disputes between us will be resolved.
GROUP WORKSHOPS ADDITIONAL TERMS
Last Updated: October 7, 2021
1.) Group Workshops Talent may offer you the opportunity to participate in a live event involving audio, video, or both (each, a “Workshop”).
a.) The details of the Workshop will be specified on the Workshop booking page on the Service, including:
i.) the approximate length;
ii.) any limits on the number of or criteria for each User and other individuals included by a User who can participate in the Workshop (collectively, “Participants”), for example, a maximum number of Participants per Workshop or per login/video screen;
iii.) any booking fee;
iv.) scheduling details (for example, Talent’s availability, specific dates and times, etc.);
v.) the hosting or other platform; and
vi.) any other limitations, restrictions, or information.
b.) You acknowledge that each Workshop is subject to change in the date or details, or cancellation, in The Skills sole discretion.
c.) You may not cancel, reschedule, substitute, return, or exchange a Workshop after booking and no refunds will be issued.
d.) Unlike a Video, you may not record, use, publish, reproduce, distribute, display, post, or share any portion of the Workshop.
e.) You will use any communication (e.g., Discord, Zoom, etc.), calendar (e.g., Calendly, etc.), or other platform, software, or app designated by The Skills for the Workshop and will comply with any applicable terms and privacy policies. Please note that some platforms, software, or apps may require that you create your own account on the platform. You may use any login or other information provided by The Skills only to participate in the Workshop.
f.) You may end your participation in the Workshop at any time. The Skills or the Talent may end the Workshop or your participation therein at any time. If the Workshop or your participation is ended due to a violation of the Acceptable Use Policy, you will promptly notify The Skills in writing at support@theskills.com.
- Payment You may book a Workshop by paying in full using a valid payment card through the applicable third-party payment provider we select as set forth in the Terms of Use. Your payment card will be charged at the time of booking. If a Workshop does not take place, The Skills will refund the booking fee.
3.) Acknowledgement You acknowledge and agree, and will notify each Participant that you include, that:
a.) any submission made by you or any Participant you include in connection with the Workshop (including any chat, comment, audio, image, video, idea, intellectual property, publicity rights, Feedback, review, photo, email, text, post, element, or other communication) (collectively, “Workshop Submission”) is a Submission under the Terms of Use;
b.) Workshop Submissions will not be private and you and any Participant you include should not share or disclose any personal, private, or sensitive information relating to you or a third party;
c.) in addition to the Terms of Use, each Workshop Submission is subject to the Acceptable Use Policy and may not, among other things:
i.) violate, infringe, or misappropriate the intellectual property, privacy, publicity, moral or “droit moral,” or other legal rights of any third party; or
ii.) communicate anything that is, or that incites or encourages action that is, explicitly or implicitly: illegal, abusive, harassing, threatening, hateful, racist, derogatory, harmful to any reputation, pornographic, indecent, profane, obscene, rude, impolite, scandalous, overly personal, or otherwise objectionable in any manner whatsoever (as determined by The Skills in its sole discretion);
d.) in addition to the rights you grant under the Terms of Use, you and any Participant that you include grant to The Skills the exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), irrevocable license to use, publish, reproduce, record, modify, edit, and display your name, image, voice, appearance, performance, likeness, and Workshop Submission in connection with the Workshop, including advertising, marketing, promoting, republishing, rebroadcasting, and re-airing the Workshop;
e.) The Skills may record the Workshop and a Workshop Submission may be edited or modified (for example, add music or captions, capture screenshot or excerpts, or otherwise) and each Workshop Submission (for example, an edited or modified version thereof) may be included in a compilation with content from or featuring others;
f.) each Workshop is subject to the Privacy Policy.
g.) if you believe that a Participant or a Workshop activity violates the Acceptable Use Policy, you will promptly notify The Skills in writing at support@theskills.com;
h.) The Skills may monitor any Workshop, and The Skills retains the right, in its sole discretion, to cancel any Workshop or block any User; and
i.) The Skills will not be responsible or liable for any Workshop Submission or any Talent Content (including from another Participant or Talent).
4.) Indemnification In addition to the indemnification in the Terms of Use, you also agree to indemnify, defend, and hold harmless The Skills Parties from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including reasonable attorneys’ fees and costs) of any kind or nature, including any arising from, out of, in connection with, or relating to: (a) the Workshop; (b) these Additional Terms; or (c) any Participant.
DIRECT MESSAGING ADDITIONAL USER TERMS
Last Updated: October 7, 2021
1.) Direct Messaging A Talent may offer you the opportunity to send a paid direct message to that Talent as permitted through the Direct Messaging feature (if the feature is available), as indicated on the Talent’s profile page.
a.) You may send:
i.) a User-created message (for example, a message of up to a specified number of characters, a video file of up to specified size, etc.) (each such message, and any response sent through the Direct Messaging feature, a “Message” and collectively, “Messages”); or
ii.) a sticker from among a collection of images made available by The Skills (each such image, a “Sticker”).
b.) After you send a Message or Sticker, the Talent may, but has no obligation to, respond. In addition, the Talent may close out the thread at any time.
c.) To send another Message or Sticker, you must pay the applicable price.
d.) You may not return or exchange a purchased Message or Sticker and no refunds will be issued.
2.) Fees and Payment If a Talent offers the Direct Messaging feature, the price for each Message is displayed on the Talent’s profile page and on the purchase button when you send the Message. The price for each Sticker is displayed in the Direct Messaging feature. You agree to pay all amounts due in accordance with the payment terms in effect at that time.
3.) Acknowledgement You acknowledge and agree that:
a.) each Message you create is a Submission under the Terms of Use;
b.) each Message (whether created by you or the Talent) is subject to the Acceptable Use Policy; and
c.) you may use any Message solely for your own personal, non-commercial, and non-promotional purposes, according to the following limited grant of rights: a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, revocable license to use, reproduce, distribute, and publicly display the Message only on social media platforms and personal websites; in text and email messages; and in other personal storage media.
4.) Indemnification In addition to the indemnification in the Terms of Use, you also agree to indemnify, defend, and hold harmless The Skills Parties from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including reasonable attorneys’ fees and costs) of any kind or nature, including any arising from, out of, in connection with, or relating to: (a) any Message; (b) these Additional Terms; or (c) any Participant.
1 ON 1 LESSONS ADDITIONAL USER TERMS
Last Updated: October 7, 2021
1.) 1 ON 1. A Talent may offer you the opportunity to participate in a 1 ON 1 real-time video chat (each, a “Call”, and collectively, “Calls”).
a.) The details of a Call will be specified on the Call booking page on the Service, including:
i.) the approximate length;
ii.)any limits on the number of or criteria for you and other individuals included by you who can participate in the Call (collectively, “Call Participants”), for example, a maximum number of Call Participants allowed;
iii.) any participation criteria;
iv.) any booking fee; and
iv.)any other conditions, limitations, restrictions, or information.
b.) All Call Participants must agree to this Agreement.
c.) You acknowledge that the Talent has the sole discretion whether or not to participate in a Call.
d.) You acknowledge that each Call is subject to change in the date or details, or cancellation, in The Skill’s and/or Talent’s sole discretion.
e.) You may not cancel, reschedule, substitute, or exchange a Call after booking.
f.) You may end your participation in a Call at any time. The Skills or the Talent may end a Call at any time, for any reason or no reason at all. If a Call is ended due to another’s violation of the Acceptable Use Policy, you will promptly notify The Skills in writing at support@theskills.com.
g.) You will use any communication, scheduling, or other platform, software, or app designated by The Skills for Calls and will comply with any applicable terms and privacy policies for such platform, software, or app.
2.) Payment You may book a Call by paying in full using a valid payment card through the applicable third-party payment provider we select as set forth in the Terms of Use. Your payment card will be charged at the time of booking the Call and is not refundable (unless the Call does not take place because it was cancelled by The Skills or the Talent).
3.) Acknowledgement. You acknowledge and agree, and will notify other Participants, that:
a.) The Skills may take a photo of you, other Participants and the Talent during a Call (“Call Photo”), which may be made available to you at the end of that Call;
b.) any submission made by you or other Participants in connection with the Call (including any chat, comment, audio, image, video, idea, intellectual property, publicity rights, Feedback, review, Call Photo and any other photo, email, text, post, element, or other communication) is a Submission under the Terms of Use;
c.) Submissions will not be private and you and other Participants should not share or disclose any personal, private, or sensitive information relating to you or a third party;
d.) you may not record a Call in any way;
e.) you and other Participants may use any Call Photo solely for your and other Participant’s own personal, non-commercial, and non-promotional purposes, according to the following limited grant of rights: a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, revocable license to use, reproduce, distribute, and publicly display the Call Photo only on social media platforms and personal websites; in text and email messages; and in other personal storage media;
f.) in addition to the Terms of Use, each Submission is subject to the Acceptable Use Policy;
g.) you and other Participants grant to the Talent the following limited rights to use the Call Photo: a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, revocable license to use, reproduce, distribute, and publicly display your Call Photo only on social media platforms and personal websites; in text and email messages; and in other personal storage media;
h.) in addition to the rights you grant under the Terms of Use, in connection with each Call you and other Participants grant to The Skills:
i.) an exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license in any and all manner and media, whether now known or hereinafter invented or devised to use, publish, reproduce, record, modify, edit, and display your name, image, voice, appearance, performance, likeness, and Submission(s), including in or in connection with advertising, marketing, promoting, republishing, rebroadcasting, and re-airing the Call and the Call Photo;
ii.) to any platform or media on which your Submission is stored, performed, recorded, republished, rebroadcast, re-aired, or displayed any rights necessary or required by the platform or media in order to store, perform, record, republish, rebroadcast, re-air, or display your Submission; and
iii.) the right to record the Call and Call Photo and to edit or modify them and your Submission (for example, add music or captions, capture screenshot or excerpts, or otherwise). The recordings and your Submission (for example, an edited or modified version thereof) may be included in a compilation with content from or featuring others;
i.) if you believe that another Participant, Talent or a Call activity has violated the Acceptable Use Policy, you will promptly notify The Skills in writing at support@theskills.com;
j.) The Skills may monitor any Call, and The Skills retains the right, in its sole discretion, to cancel any Call or block any User; and
k.) The Skills will not be responsible or liable for any Submission or Talent Content (including from another Participant or Talent).
4.) Indemnification In addition to the indemnification in Section 9 of the Terms of Use, you also agree to indemnify, defend, and hold harmless The Skills Parties from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including reasonable attorneys’ fees and costs) of any kind or nature, arising from, out of, in connection with, or relating to: (a) the Call; (b) the Call Photo; (c) other Participants; or (d) these Additional Terms.
SUBSCRIPTION AND A LA CARTE PRERECORDED CLASSES ADDITIONAL TERMS
1.) The Skills may offer for sale certain prerecorded content on either an a la carte or subscription basis (each a “Class”, and collectively, “Classes”). The details for a Class and any subscription cost will be set forth on an order page. We may add new Classes for additional fees and charges, add or amend fees and charges for existing Classes at any time in our sole discretion; provided, however, that if we have offered a specific duration and subscription fees for a Class or a set of Classes (“Subscription”), we agree that the applicable Subscription fees will remain in force for the duration of your Subscription. We may authorize your payment method for Subscription-related charges through various methods. The length of your billing cycle may depend on the subscription plan you choose when you register for a Subscription. In some cases, your payment date may change, for example if your payment method has not successfully settled. IF YOU SIGN UP FOR A SUBSCRIPTION, THE CORRESPONDING ANNUAL FEES AT THE RATE SET FORTH IN YOUR ACCOUNT AND/OR ON THE CHECKOUT PAGE WILL AUTOMATICALLY RENEW ANNUALLY ON A CONTINUOUS BASIS UNLESS AND UNTIL YOU NOTIFY US IN WRITING AT LEAST THIRTY (30) DAYS PRIOR TO THE NEXT ANNUAL RENEWAL THAT YOU WANT TO CANCEL YOUR SUBSCRIPTION, OR WE SUSPEND, DISCONTINUE OR TERMINATE YOUR SUBSCRIPTION IN ACCORDANCE WITH THIS AGREEMENT, AS APPLICABLE. YOUR NOTICE OF CANCELLATION TO US MUST BE IN WRITING AND SENT TO support@theskills.com AND WILL BE EFFECTIVE AT THE END OF THE THEN-CURRENT TERM OF YOUR SUBSCRIPTION. YOU UNDERSTAND THAT UNLESS AND UNTIL YOU NOTIFY US OF YOUR CANCELLATION, YOUR SUBSCRIPTION AND ALL CORRESPONDING FEES MAY AUTOMATICALLY RENEW, AND YOU AUTHORIZE US OR OUR AUTHORIZED THIRD PARTY PAYMENT PROVIDER (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO CHARGE YOU THE SUBSCRIPTION FEES AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
2.) You may purchase a Class or Subscription by paying with using a valid payment card through the applicable third-party payment provider we select as set with in the User Terms of Use. You may cancel your Subscription at any time. If you cancel your Subscription, you will continue to have access to the Subscription through the end of your billing period; however, there are no refunds for cancellation. Notwithstanding the foregoing, you may cancel your Subscription and all access rights therein within 24 hours of your initial order in exchange for a refund to your original payment method of fees paid for such Subscription. Refunds are not available for Users without corresponding Subscriptions or for Users which have violated this Agreement; violations are determined at The Skills’ sole discretion. To cancel, go to your Billings page on our Service and follow the instructions for cancellation. If you cancel your Subscription, your User Account may be automatically suspended or terminated at the end of your current billing period. In the event that The Skills suspends or terminates your User Account or this Agreement for your breach of this Agreement at The Skills’ discretion, you understand and agree that you shall receive no refund or exchange for any unused time on a Subscription, any license or subscription fees for any portion of the Service, any content or data associated with your User Account, or for anything else.
Acceptable Use Policy
Last Updated: October 7, 2021
Your use of the Service is governed by this Acceptable Use Policy. Terms that are defined in the Terms of Use or Talent Terms of Service will have the same meaning in our Acceptable Use Policy.
You are responsible for your use of any Video (whether on the Service or otherwise), your account, the Service, and any Submission (if you are a User) or Talent Content (if you are a Talent). Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit conduct that may be harmful.
1.) You represent and warrant that:
a.) you will not use a false identity or provide any false or misleading information;
b.) you will not create an account if you (or any account that you created or controlled) have previously been removed or banned from the Service;
c.) you will not use or authorize the use of any Video for any purposes other than: (i) the specific limited purposes set forth in the Agreement; (ii) those set out in any applicable Additional Terms; or (iii) if you are a Talent, those set out in any other written agreement; and
d.) in connection with any Video or other element of the Service, you will not request (if you are a User) or fulfill a request for (if you are a Talent): (i) any party that is the subject of any criminal action, or that is involved in, connected with or promotes illegal or unlawful activity, violence or hate speech; or (ii) disparages, defames, or denigrates any person, entity, brand, or business.
e.) you will not:
i.) violate any law, regulation, or court order;
ii.) violate, infringe, or misappropriate the intellectual property, privacy, publicity, moral or "droit moral," or other legal rights of any third party;
iii.) take any action (even if requested by another) that is, or submit, post, share, or communicate anything that is, or that incites or encourages, action that is, explicitly or implicitly: illegal, abusive, harassing, threatening, hateful, racist, derogatory, harmful to any reputation, pornographic, indecent, profane, obscene, rude, impolite, scandalous, overly personal, or otherwise objectionable in any manner whatsoever (as determined by The Skills in its sole discretion);
iv.) send advertising or commercial communications, including spam, or any other unsolicited or unauthorized communications;
v.) engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Service, including from any user of the Service;
vi.) transmit any virus, other computer instruction, or technological means intended to, or that may, disrupt, damage, or interfere with the use of computers or related systems;
vii.) stalk, harass, threaten, or harm any third party;
viii) impersonate any third party;
ix.) participate in any fraudulent or illegal activity, including phishing, money laundering, or fraud;
x.) use any means to scrape or crawl any part of the Service;
xi.) attempt to circumvent any technological measure implemented by us, any of our providers, or any other third party (including another user) to protect us, the Service, users, or any other third party;
xii) access the Service to obtain information to build a similar or competitive website, application, or service;
xiii.) attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Service; or
xiv.) advocate, encourage, or assist any third party in doing any of the foregoing.
2.) Investigations You acknowledge and agree that we are not obligated to monitor access to or use of the Service by you or third parties (including monitoring any Video, Talent content, Submission, or Feedback), but we have the right to do so to enforce this Policy and the Agreement; to comply with applicable law, regulation, court order, or other legal, administrative, or regulatory request or process; or otherwise.