SKIPSTONE WEBSITE AND MOBILE APPLICATION TERMS OF USE

Effective Date: September 23, 2015

Skipstone, LLC (“Skipstone,” “we,” “us,” or “our”) provides an online interactive video service offering a selection of content (the “Content”). Our interactive video service, the Content, our player for viewing and interacting with the Content (the “Video Player”), and any other features, tools, or other services offered from time to time by Skipstone through various Access Points are collectively referred to as the “Services”. The term “Access Points” includes, without limitation: www.goskipstone.com and Skipstone’s mobile application(s), including websites and applications where users or website operators are permitted to embed or have otherwise licensed the Video Player. Use of the Services (including access to the Content) is subject to your compliance with these Terms of Use (the “Terms”). By using any of the Services through any Access Point you are agreeing to these Terms. As some of our Services may be software that is downloaded to your computer, phone, tablet, or other device, you agree that we may automatically update this software, and that these Terms will apply to such updates. Please read these Terms carefully and contact us at legal@goskipstone.com if you have any questions.

CHANGING OUR TERMS:

Please note that we review our policies and practices from time to time, and that these policies and practices are subject to change. Any change, update, or modification will be effective immediately upon posting on our website. We will notify you of any material change to these Terms by posting a notice on our website’s homepage for a reasonable period of time following such update, and by changing the effective date (located at the top of this page). Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms.

WHO MAY USE OUR SERVICES:

The Services are not intended to be used by children without involvement and approval of a parent or guardian. If you are under the age of 13, you are not permitted to provide personal information to us. If you are at least 13 but under 18 years of age, you may submit personal information only if you have the consent of a parent or guardian.

OUR LICENSE TO YOU:

Skipstone grants you a non-exclusive limited license to use the Services, including accessing, viewing, and interacting with the Content through the Video Player for personal, non-commercial purposes in compliance with these Terms.

THE CONTENT:

You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by Skipstone in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by Skipstone in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by Skipstone. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, unless it is expressly permitted by Skipstone in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.

THE VIDEO PLAYER:

You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Content without displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located and having full access to all functionality of the Video Player.

OWNERSHIP:

You agree that Skipstone owns and retains all rights to the Services. You further agree that the Content you access and view as part of the Services is owned or controlled by Skipstone and/or Skipstone’s licensors. The Services and the Content are protected by copyright, trademark, and other intellectual property laws.

USER RESPONSIBILITIES:

You agree that you will not use the Services in a way that: (i) violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights; (2) uses technology or other means to access, index, frame or link to the Services (including the Content) that is not authorized by Skipstone; (3) introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (4) damages, disables, overburdens, impairs, or gains unauthorized access to the Services, including Skipstone’s servers or computer network; (5) removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Services (including the Content); (6) collects information in violation of Skipstone’s Privacy Policy; (7) encourages conduct that would constitute a criminal offense or give rise to civil liability; (8) violates these Terms or any guidelines or policies posted by Skipstone; (9) interferes with any other party’s use and enjoyment of the Services; or (10) attempts to do any of the foregoing. If Skipstone determines in its sole discretion that you are violating any of these Terms, we may notify you and use technical measures to block or restrict your access or use of the Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.

SOFTWARE DOWNLOADS:

In order to participate in certain Services or access certain Content, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.

SUSPENSION/DISCONTINUATION:

Skipstone reserves the right, at its sole discretion, to temporarily or permanently change, suspend, or discontinue some or all of the Services (including the Content and the devices through which the Services are accessed), with respect to any or all users, at any time without notice. Skipstone will not be liable to you for any modification, suspension, or discontinuance of the Services.

INTERNET ACCESS CHARGES:

You are responsible for any costs you incur to access the internet.

THIRD PARTY DESTINATIONS:

If we provide links or pointers to other websites or destinations, you should not infer or assume that Skipstone operates, controls, or is otherwise connected with these other websites or destinations. When you click on a link within the Services, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. In some cases, it may be less obvious than others that you have left the Services and reached another website or destination. Please be careful to read the terms of use and privacy policy of any other website or destination before you provide any confidential information or engage in any transactions. You should not rely on these Terms to govern your use of another website or destination. Skipstone is not responsible for the content or practices of any website or destination other than the Skipstone website, even if it links to the Skipstone website and even if the website or destination is operated by a company affiliated or otherwise connected with Skipstone. By using the Services, you acknowledge and agree that Skipstone is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the Skipstone website.

ADVERTISEMENTS:

Skipstone takes no responsibility for advertisements or any third party material posted on any Access Point where the Services are available, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers while using the Services are between you and the advertiser, and you agree that Skipstone is not liable for any loss or claim that you may have against an advertiser.

TRADEMARKS:

Skipstone, the Skipstone logo, and other Skipstone marks, graphics, logos, scripts, and sounds are trademarks of Skipstone. None of the Skipstone trademarks may be copied, downloaded, or otherwise exploited.

DISCLAIMER OF WARRANTIES:

YOU AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, INCLUDING THE SKIPSTONE SITE, THE CONTENT, THE VIDEO PLAYER, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH ANY ACCESS POINT, ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SKIPSTONE DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.

LIMITATION OF LIABILITY:

IN NO EVENT SHALL SKIPSTONE OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE “SKIPSTONE PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH ANY ACCESS POINT), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE SKIPSTONE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE SERVICE OR $50 (WHICHEVER IS LESS).

INDEMNITY:

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Skipstone parties from and against any and all liabilities, claims, damages, expenses (including reasonable attorneys’ fees and costs), and other losses arising out of or in any way related to your breach or alleged breach of these terms or your use of the services (including your use of the content). Skipstone reserves the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

If you believe that any Content or other material provided through the Services, including through a link, infringes your copyright, you should notify Skipstone of your infringement claim in accordance with the procedure set forth below. We will process each notice of alleged infringement that Skipstone receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to Skipstone’s copyright agent at legal@goskipstone.com (subject line: “DMCA Takedown Request”). You may also contact us by mail:

Attention: Copyright Agent Skipstone, LLC 455 E. Eisenhower Parkway, Suite 150 Ann Arbor, MI 48108

To be effective, the notification must be in writing and contain the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Services that is reasonably sufficient to enable Skipstone to identify and locate the material; (4) how Skipstone can contact you, such as your address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. Emails sent to legal@goskipstone.com for purposes other than communication about copyright infringement may not be answered.

EXPORT CONTROLS:

Software and the transmission of applicable technical data, if any, in connection with the Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.

CHOICE OF LAW AND FORUM:

These Terms are governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to principles of conflicts of law. You and Skipstone agree to submit to the exclusive jurisdiction of the courts of Washtenaw County, Michigan.

NO WAIVER/RELIANCE:

You may not construe a waiver of any provision of these Terms with respect to any party as a waiver of that provision (or any other provision) with respect to either that party or any other party. Skipstone’s decision to delay exercising or enforcing any right or remedy under these Terms shall not constitute a waiver of such right or remedy. Even if Skipstone acts in a way that appears to you to be inconsistent with these Terms, Skipstone’s action shall not be deemed a waiver or constructive amendment of these Terms.

INTEGRATION, AMENDMENT, AND SEVERABILITY:

Please note that these Terms, including Skipstone’s Website and Mobile Application Privacy Policy which is incorporated in these Terms, constitute the entire legal agreement between you and Skipstone and govern your use of the Services (including your use of the Content) (but excludes any services, if any, that Skipstone may provide to you under a separate signed written agreement), and completely replaces any prior agreements between you and Skipstone in relation to the Services. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is held to be unlawful, void, or unenforceable, you and we agree that the provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

Thank you for taking the time to read these Terms. If you have any questions or comments about these Terms, please contact us at: legal@goskipstone.com.

Copyright © 2016 Skipstone, LLC. All rights reserved.

455 E Eisenhower Parkway, Suite 150, Ann Arbor, MI 48108 | 844-438-8648 (734-222-0665)