Agreement Policy

Terms and Conditions for ShySkySpy.com

Effective Date: December 20, 2013

Introduction

Welcome to www.shyskyspy.com (“Site”). ShySkySpy, Inc. (“us” or “we” or “our”) provides the Site and associated products and services to you subject to the following Terms and Conditions (“T&C”). This T&C contain important information. Please read it carefully. We also encourage you to read our Privacy Policy at http://www.shyskyspy.com/privacy_policy/.

 

This Site is produced by ShySkySpy, Inc.. By using this Site, you are entering into a legal agreement with us to adhere to this T&C, our Privacy Policy, and any additional agreements that may apply to specific sections of this Site or services and/or products available on or through this Site. “Available on the site” means a user is able to perceive, obtain or reach it by using this Site.

 

Your sole remedy for dissatisfaction with this Site or anything available on this Site is to stop using this Site or particular service. Specific services that we offer may require registration and active membership status. Failure to provide the required personal information to complete registration will result in a denial of access to these specific services. You may continue to use other limited Site services without completing registration.

 

Changes

We may amend this T&C at our discretion by updating this page. We may not notify you in advance of an update. Continued use of this Site after this T&C has been modified constitutes acceptance of the modified T&C.

 

Copyright and Trademark

You acknowledge and agree that this Site, any software used in conjunction with this Site, and any product, service or information available on this Site, regardless of its source (collectively, “Materials”), contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You may only use this Site and Materials as authorized by us or by the owner or provider of Materials, as appropriate. Unless authorized by the owner of the Material, you agree not to modify, rent, lease, loan, sell, translate, transmit or create derivative works based on this Site, in whole or in part. This Site and all of its contents and components (including underlying code, graphics, etc.) are copyrighted.

 

Copyright © 2013 ShySkySpy for original materials. All rights reserved. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in this T&C grants you any right to use any trademark, service mark, logo, or trade name of ShySkySpy, Inc. or any third party. Some content may be copyrighted by third parties and used with permission.

 

You may establish a hyperlink to this Site, provided that the link does not state or imply sponsorship by us or any third party connected with this Site without the express written permission of the relevant party. You may not frame or inline link to any respective Materials or incorporate Materials into another website without prior express written permission of ShySkySpy, Inc. or the respective owners of the Materials.

 

Site Content

Content available on this Site represents the constitutionally protected opinions of ShySkySpy, Inc. and third parties. ShySkySpy, Inc. does not investigate and is not responsible for the accuracy or reliability of such content provided by third parties. It is your responsibility to evaluate the accuracy and usefulness of any content available on this Site. ShySkySpy, Inc. and parties involved in creating, producing, and/or delivering this Site that have a relationship with ShySkySpy, Inc. separate from this T&C, including, but not limited to, our parent companies, subsidiaries, affiliated companies, information providers, partners, sponsors, contractors, advertisers and suppliers of products and services to ShySkySpy (collectively, “Affiliates”), are not liable for any loss or damage caused by your reliance on any information or statement available on this Site. A third-party vendor may not qualify as an Affiliate.

 

Registration and Use

This Site is offered for use by any natural persons who are United States citizens or legal residents and who are at least the age of majority. To access certain features of this Site, we may ask you to provide personal information. You must provide accurate and complete information about yourself when you complete an online registration form. We may suspend or terminate your account and suspend your access to this Site, if we suspect you provided untrue or incomplete information. We will only use this information in accordance with our Privacy Policy.

 

You may be asked to create a username, which is intended to be your email address, and a password to access certain features on this Site. You are responsible for maintaining the confidentiality of the password and account. You must notify us immediately of any unauthorized use of your account. We assume no liability for any loss or damage arising from any unauthorized use of your password or account. We will cooperate with law enforcement authorities or court orders directing us to disclose account information relating to the origin of any transmission on the Site.

 

You are responsible for all activities related to your use. You may not use or attempt to use this Site in anyway that: (i) causes you, ShySkySpy, Inc. or any Affiliate to violate any law or regulation or to infringe on any right of a third party; (ii) inhibits use of this Site to other users or interferes with the operation of this Site; or (iii) misuses a function available on this Site. You may not use or attempt to use this Site to: (i) post, store, transmit, or offer illegal, offensive, threatening, pornographic or defamatory Materials; (ii) post, store or transmit any viruses, worms, Trojan horses or other harmful or disruptive components; or (iii) harvest, collect or mine information about other users of this Site.

 

This T&C does not affect the copyright ownership of your transmissions to or through this Site. By transmitting content, you are granting us a perpetual, non-exclusive, permission to use, modify, display or distribute that content in any manner worldwide. Subject to our Privacy Policy, we may treat any content you transmit to us, as non-confidential and non-proprietary, and may use anything contained therein for any purpose, without providing credit or compensation.

 

Membership Types

To access features of this Site that require a registration resulting in membership, you may elect to be either (a) a Free Member or Free User, which is the default level of membership, or (b) a Premium Member or Premium User by agreeing to pay a monthly subscription. Free Members enjoy basic online game features. Premium Members benefit from enhanced features of the online game and the ability to provide feedback on elements of the game. Both memberships offer participation in the Site's blog and Promotional Prize Giveaways.

 

Cancellation Policy

You may elect to cancel your membership subscription or close your account at any time at http://www.shyskyspy.com/myaccount/ by selecting the Account Status link. Any membership subscription fees paid by Premium Members of this Site and received by ShySkySpy, Inc. are not refundable. In the event that you elect to cancel your Premium Membership subscription or close your account, you will have full and complete access to the Site for the remainder of the month for which payment was made and received by us. Upon the expiration of your paid month's subscription, your access to the Site will be changed from either (i) Premium status to Free status; or (ii) Open status to Closed status, and any recurring charges for membership will discontinue.

 

Promotional Prizes and Giveaways

NO PURCHASE NECESSARY TO ENTER OR WIN. 

Void where prohibited. All federal and state regulations apply.

This promotion is strictly for entertainment and educational purposes and may not be used in connection with any form of gambling.

 

Promotion commences JANUARY 6, 2014 at 12:00 AM EST and ends on MARCH 29, 2014 at 11:59 PM EST (the “Promotion Period”). To enter, you must register fully and accurately and submit a play at the Site, as defined by the rules (the “Game Rules”) at http://www.shyskyspy.com/gamerules/ and as meeting eligibility requirements defined herein. ShySkySpy, Inc.’s computer is the official time-keeping device for the promotion. One entry per registered email address, per valid period of the Site’s online game as defined by the Site’s administrators (the “Gameweek”) is permitted. Multiple participants are not permitted to share the same email address. Any attempt by any participant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that participant's entries and that participant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification.

 

Participation constitutes your full and unconditional agreement to this T&C, and ShySkySpy, Inc.’s decisions, which are final and binding in all matters related to the promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.

 

Promotion Eligibility

Gameweek entries that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at ShySkySpy, Inc.’s servers or elsewhere, will not be eligible. Gameweek entries that are submitted automatically on your behalf ("Auto-Plays"), as defined by the Game Rules, will not be eligible. ShySkySpy, Inc., in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the Site. Use of bots or other automated process to enter is prohibited and may result in disqualification at the sole discretion of ShySkySpy, Inc. ShySkySpy, Inc. further reserves the right to cancel, terminate or modify the promotion for any reason, including inability to complete as planned by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort. In the event of a dispute, entries will be deemed submitted by the account holder of the email address submitted at the time of entry.

 

The promotion is offered to all natural persons who are United States citizens or legal residents and who are at least the age of majority. Employees, officers, and directors of ShySkySpy, Inc. its parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee, officer and director are not eligible. The promotion and the rights and obligations of ShySkySpy, Inc. and participants will be governed and controlled by the laws of the Florida, applicable to contracts made and performed therein without reference to the applicable choice of law provisions. All actions, proceedings or litigation relating hereto will be instituted and prosecuted solely within the State of Florida, Seminole County. The parties consent to the jurisdiction of the state courts of Florida and federal court located within such state and county with respect to any action, dispute or other matter pertaining to or arising out of the promotion.

 

 

Selecting Winners

Promotional prize winners will be selected by random drawing at the end of each Gameweek from all eligible entries. Your performance in the Site’s online game does not determine your status as a potential winner of the promotion. The Site’s online game scores are for entertainment and educational purposes only. During the Promotion Period there will be two (2) winners selected at the end of each of no more than 12 Gameweeks as setup by ShySkySpy, Inc.’s online game administrators .

 

 

The 24 potential winners will each receive the following:

(i) One (1) free month of Premium Membership*; and

(ii) One (1) free ShySkySpy.com T-shirt.

* Any existing Premium Member who is judged to have won a free month will continue to pay his or her membership dues and will receive a refund via our third-party payments processor, PayPal, to fulfill their prize award. 

 

The approximately retail value ("ARV") of the prize is US $20. Prizes are non-transferable and no substitution will be made except as provided herein at ShySkySpy, Inc.’s sole discretion.

 

 

ShySkySpy, Inc. reserves the right to substitute a prize for one of equal or greater value if the designated prizes should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning a promotion prize depends on the number of eligible entries received during the promotion.

 

Winners will be notified by e-mail within 2 business days of each Gameweek drawing, at which time a full shipping address and phone number will be required for fulfillment of award. Winners will have 3 days from notification to accept the prize by email to: support@shyskyspy.com.

 

 

Each potential winner may be required to show proof of being the authorized account holder. Potential winners may also be required to sign and return to ShySkySpy, Inc. an affidavit of eligibility and liability/publicity release  in order to claim his/her prize. If a potential winner cannot be contacted, fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period (if applicable), or if prize notification is returned as undeliverable, potential winner forfeits prize. Prizes will be fulfilled one (1) week after the conclusion of each Gameweek during the Promotion Period.

 

By entering the promotion or receipt of any prize, each entrant agrees to release and hold harmless ShySkySpy, Inc. and its subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the promotion or receipt or use or misuse of any prize.

 

The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the promotion; (4) technical or human error which may occur in the administration of the promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the promotion or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the promotion, provided that if it is not possible to award another entry due to discontinuance of the promotion, or any part of it, for any reason, ShySkySpy, Inc., at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded.

 

Archives

We may elect to keep archives of all or parts of this Site, but we cannot guarantee that anything available on this Site or in the records relating to this Site will be archived or that any archived material will be preserved. We may delete any such information without notice and in our sole discretion.

 

Third-Party Websites

This Site features links to websites supported by and belonging to nonaffiliated third parties. You acknowledge that we have no control over such third parties, their websites and resources. You further acknowledge that our T&C and Privacy Policy do not automatically apply to third-party websites. You agree that we are not responsible for the availability of such websites and resources or for any content, advertising or products available from such websites and resources. The inclusion of any link on this Site does not imply an endorsement by us or any person connection with our organization, including, without limitation, our representatives, partners, and affiliates. You agree that we will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by goods, services or content available on or through any third-party website.

 

Buying Through this Site

ShySkySpy, Inc. may offer products or services for sale on this Site other than memberships. In so doing we may provide a link to third-party vendors’ websites. You acknowledge that all transactions with a ShySkySpy, Inc. third-party vendor are made off-site directly by you with the vendor. You undertake all off-site transactions at your own risk. While we make reasonable efforts to have only reputable entities as our third-party vendors, we cannot be responsible for the actions or omissions of any third party. It is your sole responsibility to decide with whom, and on what terms, you will do business on or apart from this Site. We are not obligated to maintain access to third-party vendors’ websites.

 

Disclaimer

Your use of any aspect of this Site or a third-party’s website is at your own risk. ShySkySpy, Inc. and our Affiliates are not liable for any direct, incidental, consequential, indirect, punitive or other damages that result from your use or your inability to use this Site, including any Materials and any components of this Site, even if we are advised before hand of possible damages. In states where limitations on categories of damages are not allowed, our liability and the liability of our Affiliates is limited to the greatest extent possible under applicable law.

 

WE DO NOT WARRANT THIS SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR FREE, DEFECTS WILL BE CORRECTED OR ANY PART OF THIS SITE, INCLUDING SERVERS THAT MAKE THIS SITE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE EXPRESSLY DISCLAIM LIABILITY FOR ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF RECORD, WHETHER FOR A BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.

 

THE INFORMATION, PRODUCTS AND SERVICES OFFERED THROUGH THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PREMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. ANY WARRANTY PROVIDED IN CONNECTION WITH ANYTHING AVAILABLE ON A THIRD-PARTY’S WEBSITE IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY SHYSKYSPY, INC. OR ITS AFFILIATES.

 

ShySkySpy, Inc. and its Affiliates make no warranties or representations about the completeness, accuracy, currency or availability of anything provided on this Site and will not be responsible for any errors or omissions in such items or for any resulting damages.

 

Indemnity

You agree to indemnify, defend and hold harmless ShySkySpy, Inc. and its Affiliates, and the respective employees, directors, officers, and agents of each, against any and all claims, damages or costs or expenses (including reasonable attorneys' fees) that arise directly or indirectly from loss or damages experienced from your use or attempted use of this Site, your breach of this T&C, your infringement of any right of a third party and any other matter for which you are responsible under this T&C or any law.

 

Termination

In its sole discretion and without prior notice, we may terminate your password, account or use of this Site for any reason, including, but not limited to, engaging in any activity prohibited by law or listed in this T&C. The warranties and indemnification set forth above will survive termination of your membership, if any, and/or suspension of your access to this Site.

 

Miscellaneous Terms

You agree that this T&C will be governed by and construed in accordance with the laws of the State of Florida without giving effect to internal principles of conflict of laws. If any provision in this T&C is found unenforceable, then such provision is to be severed from the T&C and will not affect the enforceability of any remaining provision of this T&C. To the extent possible, this T&C is to be deemed reformed to give the greatest effect to the intent of the severed term. Non-enforcement of any term of this T&C does not constitute consent to or waiver of the term and we reserve the right to enforce such term in its sole discretion. No waiver of any breach of this T&C will be deemed to be a waiver of any preceding or subsequent breach.

 

This T&C is for the benefit of ShySkySpy, Inc. and its Affiliates. ShySkySpy, Inc. and its Affiliates will have the right to enforce provisions against you on its own behalf. This T&C does not give you any rights against any Affiliate or otherwise create any obligations between you and any Affiliate.

 

This T&C constitutes the entire agreement between you and us and supersede any prior or contemporaneous agreements between you and ShySkySpy, Inc.. We may at any time and without prior notice assign any and all of our rights under this T&C to another entity. This T&C will bind and inure to the benefit of each party’s permitted successor and assigns. 

Scoreboard

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