Sky-click

SKY-click - Terms and Conditions of Service

SKY-Click and its web-based supports (together, the "Service") are currently offered free-of-charge to the online user community to enable them to manage their call center activities using the SKY-Click solution.

As a user, it is your sole and exclusive responsibility to read these Terms and Conditions of Use. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE PROCEEDING.

If you do not agree with the Terms and Conditions, you may not download the SKY-Click software. IN DOWNLOADING THE SKY-CLICK SOFTWARE APPLICATION AND IN USING THE WEB-BASED SUPPORTS, YOU EXPLICITLY AND WITHOUT RESTRICTION ASSENT TO THE TERMS AND CONDITIONS OF USE AS EXPRESSED BELOW.

1. COMPLIANCE WITH LAWS
You must comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Service, including your posting and retrieval of information on the SKY-click website.
2. DISCLAIMER
The Service is provided "as-is" and without guarantees of any kind either expressed or implied. You expressly agree that use of the Service is at your sole risk. Although SKY-click will attempt to provide uninterrupted, timely, and secure services, SKY-click makes no representation that it will be able to do so. The Service, all information, software and products are provided on an "as-available" basis. SKY-click expressly disclaims all warranties of any kind, whether expressed or implied, including but not limited to, the implied warranties of performance, merchantability, fitness for a particular purpose and non-infringement. SKY-click makes no warranty that the Service will meet your requirements, or that the Service will be uninterrupted, timely, secure, complete and error free, accessible, accurate, or will operate without packet loss, nor does SKY-click warrant any connection to or transmission from the Internet, or any quality of calls made through the SKY-click software. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system, loss of data, or unauthorized disclosure of data that results from the upload, download, or storage of such material and/or data. SKY-click makes no warranty regarding any goods or services purchased or obtained through the Service. You assume responsibility for, among other things, (a) the selection of the Service to achieve your intended results, (b) the acquisition of other software (including any programming or operating system software) and/or equipment compatible with the Service, and (c) the installation, use and results obtained from the Service. No advice or information, whether oral or written, obtained by you from SKY-click or through the Service shall create any warranty not expressly made herein. You agree that this disclaimer is enforceable to the greatest degree allowed under law.
3. RESTRICTIONS
Except as otherwise expressly set forth herein, you agree that you shall not: (a) translate or decompile, or create or attempt to create, by reverse engineering or otherwise, the SKY-click source code form from the object code supplied; (b) modify, adapt, translate or create a derivative work from the Service; (c) remove any proprietary notices, labels, or marks on the Service. Without limiting the foregoing, any reproduction, redistribution, reverse engineering or de-compilation of the Service is expressly prohibited by law, and may result in severe civil and criminal penalties. You agree not to redistribute the Service, nor to export or re-export the Service, directly or indirectly. Except for the restrictions enumerated above, you may however view and copy the support material related to the Service for personal use only, provided that you keep intact all copyright and other proprietary notices. You may not modify or resell any Service-related information, or include it in anything you sell or license to third parties, without SKY-click's written consent. The copyright to all contents of this Service belong to SKY-click or its third-party licensors, and you may not reproduce, post on any other website, modify, distribute, transmit, reverse engineer, decompile, disassemble or create derivative works with respect to any portion of this website without SKY-click's written consent. Any name, logo, trademark, service mark, text, pictures, software and any other materials created by SKY-click and contained on this website is owned by SKY-click or is used with its owner's consent and may not be used by you without the prior written consent of SKY-click.
4. LIMITATION OF LIABILITY
Under no circumstances shall SKY-click be liable for any direct, indirect, special or consequential damages that result from your use of, or the inability to use, the Service. In no event shall SKY-click have any liability to you or to any third-party for damages, losses and causes of action, whether in contract, tort or any other legal theory. You agree that neither SKY-click nor any officer, affiliate, director, shareholder, agent or employee of SKY-click will be liable to you or any third party for any direct, indirect, incidental, special, punitive, or consequential loss of profits, loss of earnings, loss of business opportunities, business interruption, loss of business information, damages, expense, costs, or any other pecuniary loss resulting directly or indirectly from, or otherwise arising in connection with (a) the use of the Service, including but not limited to damages resulting from or arising from your reliance on the Service, or the mistakes, omissions, interruptions, errors, defects, delays in operation, non-deliveries, incorrect deliveries, transmissions by third parties, or any failure of performance of the Service, or; (b) any information provided during the course of using the Service. The provisions contained herein shall not be limited in any way, including under theories of negligence, and regardless of whether SKY-click has been informed or had knowledge of the possibility of such damages. You agree to defend, indemnify, and hold harmless SKY-click, its agents, and any other service provider furnishing the Service to you from any and all damages, claims, losses, costs, penalties, fines and expenses by, or on behalf of, you relating to the absence, failure or outage of the Service. You expressly note the SKY-click at this time provides no standard or emergency support of any kind for the Service.
5. LINKS
The Service may contain links to third-party websites not under the control or operation of SKY-click. These links are given in order to identify other useful Internet resources. When SKY-click provides links, it does so only as a convenience and does not endorse or sponsor and is not responsible for the contents of any linked site or any link contained in a linked site, nor is SKY-click responsible for maintaining such links. SKY-click is not responsible for the availability of these sites and has not reviewed the information contained on these Sites. SKY-click expressly disclaims any liability for damages, whether direct or indirect, arising out of any use of these links or of any use of information made available on these sites. These links are not intended to state or imply that SKY-click acts as agent of, or is affiliated or associated with the persons or entities having set up these sites, and SKY-click cannot be held responsible with respect to content, advertisements, products, services, or any other material available on or from these sites or external sources.
6. REMEDIES
If you are not satisfied by the Service or the Terms and Conditions of Use, your sole and unique right of reply is to refrain from using the Service.
7. APPLICABLE LAW AND JURISDICTION
The Service has been designed to comply with the laws of Switzerland. SKY-click does not make any representation that the materials and content are appropriate in locations other than Switzerland. You and SKY-click agree that all claims, controversy, disputes or disagreements which may arise from the interpretation, performance or in any way relating or pertaining to your use of the Service shall be governed by Swiss laws and submitted solely and exclusively to the courts of Geneva, Switzerland.