SkinnyPigeon :: Terms & Conditions

May 9, 2008 GMT-05:00

1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
By using any part of the SkinnyPigeon, Inc. site (the "Site"), you are agreeing to all of its terms. The terms "You" and "User" refer to anyone accessing this web site for any reason. Please read this page carefully. This is a legally binding agreement. If you do not agree to the User Agreement please do not use this site and service. Certain portions of this User Agreement have terms that apply only to services offered on one specific portion of the Site. SkinnyPigeon, Inc. (the "Company", "SkinnyPigeon") reserves the right to update or revise this Agreement without notice to you. Please check this Agreement periodically for changes. Your continued use of this Site following any posted updates to this Agreement constitutes acceptance of those updates.

2. SKINNYPIGEON PRIVACY POLICY
We believe that your privacy and the privacy of all our users is important. Any information you provide to SkinnyPigeon about you is subject to our Privacy Policy. For more information, please review our full Privacy Policy.

3. USE OF MATERIAL AND USER SUBMISSIONS
You acknowledge and agree that you are solely responsible for the form, content, linked materials, and accuracy of any projects, skills, and materials placed by you on the Site.

You may view and download a single copy of the material posted on the Site solely for your personal, noncommercial use.

The Site, including all of its contents, such as text, images, graphics, and the HTML used to generate the pages, ("Materials"), are protected by patent, trademark and/or copyright under United States and/or foreign laws. All Material is the property of the Company or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on this Site is the exclusive property of the Company and protected by United States and/or foreign laws.

The Company may monitor your use of the Site, and may freely disclose any information and materials received from you or collected through your use of the Site for any lawful reason or purpose. However, it will do so in accordance with the Company's privacy policy. You may view the privacy policy by clicking here.

The Company does not screen communications in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to the User Agreement, the Company may investigate the allegation and determine in good faith and in its sole discretion whether to remove the communication and/or terminate that user's access to the Site.

4. USER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not SkinnyPigeon, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. SkinnyPigeon does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Skinny Pigeon be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service. You agree not to use the Service to:

Upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
Harm minors in any way;
Impersonate any person or entity, including, but not limited to, a SkinnyPigeon official, forum leader, tutor, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
Upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
"Stalk" or otherwise harass another; or
Collect or store personal data about other users. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

5. LINKS AND SEARCH RESULTS
The Service may provide search results that reference or links to third party websites or resources throughout the World Wide Web. SkinnyPigeon has no control over these sites and Content within them. You acknowledge and agree that SkinnyPigeon is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources, nor can we warrant that they not contain viruses or otherwise impact your computer. By using the Site, you further acknowledge and agree that SkinnyPigeon shall not be responsible or liable, directly and indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods, or services available on or through any such sites or resources.

6. PROHIBITED CONTENT
The following is a partial list of the kind of Content which is illegal or prohibited on the Site. It includes Content that:

Is patently offensive to the online community, such as Content that promotes, racism, bigotry, or physical harm of any kind against any group or individual;
Is or could be harmful to minors;
Harasses or advocates harassment of another person;
Involves the transmission of "junk mail", "chain letter", or unsolicited mass mailing or "spamming";
Is or promotes an illegal unauthorized copy of another person's work, such as providing pirated computer programs or links to them, provides information to circumvent manufacture-installed copy-protected devices;
Contains restricted or password only access pages, or hidden pages or images (those not linked to or form another accessible page);
Displays pornographic material of any kind;
Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy; providing or creating computer viruses;
Solicits passwords, personal identifying information for commercial or unlawful purposes from other users;
Engage in commercial activities and/or sales without SkinnyPigeon's prior written consent such as contests, sweepstakes, advertising, etc.

7. DEALING WITH THIRD PARTY ORGANIZATIONS, ADVERTISERS, AND SPONSORS
Your correspondence or business dealings with or participation in promotions of advertisers and sponsors found on or through the Service on the Site, including payment and delivery of related goods an services, and any other items, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that SkinnyPigeon shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the pressure of such third parties on the Service. This Site contains links and pointers to third party Sites. These links are provided solely as a convenience to you. The Company is not responsible for the content of linked third-party Sites and does not make any representations or warranties regarding the content, accuracy, and reliability, of any advice, information, or other materials on such third-party Sites. If you decide to access linked third-party Sites, you do so at your own risk.

8. VIOLATION OF THE TERMS
You understand and agree that in SkinnyPigeon's sole discretion and without prior notice, SkinnyPigeon may terminate your access to the Site, and remove any unauthorized user Content, if Skinny Pigeon believes that the user Content you provided has violated or is inconsistent with the Terms or with the intuition behind them, or that you have violated the rights of SkinnyPigeon, another user, or the law. SkinnyPigeon may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity. You further agree that SkinnyPigeon shall not be liable to you on any third party for any termination of your access to the Service.

9. SKINNYPIGEON PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisement of information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by SkinnyPigeon or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative work based on the Service or Software, in whole or in part. SkinnyPigeon grants you personal, non-transferable and non-exclusive rights and license to use the object code of its Software, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified version of the Software including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by SkinnyPigeon for use in accessing the Service.

10. INDEMNITY
You agree to indemnify and hold SkinnyPigeon, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site.

11. COPYRIGHT POLICY
SkinnyPigeon will terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without license, express consent, valid defense or fair use exemption to do so. In particular, users who submit User Content to this Site, whether articles, images, stories, software or other copyrightable material must ensure that the content they upload does not infringe the copyrights nor other rights of third parties (such as privacy or publicity rights). After proper notification by the copyright holder or its agent to us and confirmation through court order or admission by the user that they have used this Site as an instrument of unlawful infringement, we will terminate the infringing users rights to use and/or access to this Site. We may also in our sole discretion decide to terminate a users rights to use or access to the Site prior to that time if we have a good faith belief that the alleges infringement has occurred. If you believe that your copyright has been infringed through the use of this Site, please contact us via email at relation@skinnypigeon.com.

12. DISCLAIMER
SkinnyPigeon does not promise that the Site will be error-free, uninterrupted, nor that it will provide specific results from use of the Site or any Content, search or link on it. The site and its Content are delivered on an "AS-IS" and "AS-AVAILABLE" basis. SkinnyPigeon cannot ensure that files you downloaded from the Site will be free of viruses or contamination or destruction features. Skinny Pigeon disclaims all warranties, express or implied, including also any implied warranties of fitness for a particular purpose. SkinnyPigeon will not be liable for any damages of any kind arising from the use of this Site, including without limitation, direct, indirect, incidental, punitive, and consequential damages.