Skybound, LLC – Loyalty Program Terms and Conditions
Last Updated: December 2, 2014
Skybound, LLC a California limited liability company (“Skybound”), owns and operates a service (the “Program”) that enables fans of Skybound comics and content to share their love of Skybound content, including The Walking Dead, Invincible, Super Dinosaur, Thief of Thieves and Clone and more. The more you participate in this program, the greater the rewards.
The Program also enables fans to participate on the Program websites, comment on articles, respond to polls and other activities, each allowing them to earn credits in the form of loyalty program points (“Points”), administered through a website located at www.skybound.com and/or co-branded or customized sites (each, a “Site”, and together with the Program, the “Services”) operated on behalf of a loyalty marketing partner (each, a “Partner”).
This Terms of Use Agreement, as may be modified from time to time (“Agreement”), constitutes legally binding terms and applies to your use of the Services. By accessing, using, registering for or enrolling in the Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Services, including, without limitation, through a mobile or other wireless device, or otherwise use the Services without being registered) or you are a “Member” (which means that you have registered for the Services). The term “User” refers to a Visitor or a Member, as well as users of other social media services such as Twitter or Facebook with whom you communicate in the course of participating in the Program. You are authorized to use the Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules and regulations (“Applicable Law”) and the terms of this Agreement. In addition, in consideration for becoming a Member and/or making use of the Services, you must indicate your acceptance of this Agreement during the registration process.
We reserve the right to modify this Agreement at any time and from time to time, and each such modification shall be effective upon posting on the Services. All material modifications will apply prospectively only. Your continued use of the Services following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the Services immediately. You may receive a copy of this Agreement by contacting us.
1. Eligibility
To become eligible to participate in the Program, you must first sign up for the Skybound Insider Program. Use of the Services and registration to be a Member is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are a United States resident 13 years of age or older; and (d) your use of the Services does not violate any Applicable Law. Skybound reserves the right to limit enrollment at any time. Corporations or other business entities are not eligible to become Members. Program membership and use is limited to one individual per Skybound account. Skybound allows only one email address per Member. You can sign up and become a Member by registering on the Skybound website or requesting an invitation at one of our live events (e.g., Comic Con).
2. Earning Points
Program terms will vary depending on several variables, including the promotion, the associated property, and/or the Partner involved. You can earn points by posting messages on a Skybound website or social media page, liking Skybound facebook pages, and other activities that will be determined by Skybound and announced from time to time. Skybound will impose limits on the number of points that a Member can earn with a specified period of time.
As a condition of earning Points, you agree to comply at all times with the terms of all applicable Skybound and Partner offers, promotions, and programs, which terms are hereby incorporated by reference. Skybound is under no obligation to provide Members with any particular number of Point-earning opportunities or send messages to them. Skybound is not responsible and assumes no liability for changes or discontinuances of service from Partners which may affect offers or the accrual of Points. You are responsible for ensuring that Points earned are properly credited. If you believe that Points have been earned but not properly credited, you may be required to submit documentation or other proof satisfactory to Skybound in its sole discretion.
3. Redeeming Points
Points may be redeemed only for rewards as offered through Skybound and its Partners at the time of redemption. Points have no cash value. Skybound and its Partners are not responsible for lost or stolen rewards once issued. The Program and all associated Rewards are subject to change at any time without notice. The number of Points required to redeem for a reward is subject to change at any time without notice. Points will be subtracted from a Member’s account once the redemption order is placed by the Member and captured by the Skybound system. Once used to claim a reward, Points will not be reinstated to the Member’s account. You agree to confirm that all information in your personal profile is up-to-date and accurate as of the time of any redemption.
4. Expiration; Inactive Accounts
As of the launch of the Program, Points do not expire over time. However, Skybound reserves the right change this policy in the future. Skybound reserves the right to cancel or disable accounts and expire unredeemed Points in those accounts that are inactive for an extended period of time, as determined by Skybound. Skybound reserves the right to limit the opportunities to earn Points available to Members while they remain inactive.
5. Non-Transferability
Members’ right to use the Program is non-transferable. Points are non-transferable and shall be void if transferred. Points and/or rewards may not be bartered or sold. Skybound accounts and Points are not transferable upon death or as part of a domestic relations proceeding or otherwise by operation of law.
6. Term
This Agreement, and any posted revisions to this Agreement, shall remain in full force and effect while you use the Services or are a Member. You may terminate your Membership at any time, for any reason, by contacting us. Skybound may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, we reserve the right, in our sole discretion, to deny, restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect, including, without limitation, Sections 7 through 19.
7. Password
When you sign up to become a Member, you may also be asked to choose a username and password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, email address or password of another Member at any time or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
8. Personal Use Only
The Services are for the personal use of Members and may not be used for commercial purposes unless specifically endorsed or authorized by Skybound. Illegal and/or unauthorized use of the Services is prohibited. We reserve the right to take appropriate legal action for any illegal or unauthorized use of the Services.
9. Prohibited Conduct
You agree not to abuse Skybound privileges by conduct which is detrimental to the interests of the Program, Skybound or any Partner, including without limitation attempting to accrue Points or spend Points in a manner inconsistent with the Program rules or intent of this Agreement, having multiple accounts, attempting to earn Points through other than legitimate channels, participating in purchasing or redemption fraud, or tampering with award links, etc. Skybound reserves the right to terminate or disable, at our sole discretion, any Skybound membership if we believe such Member has violated or acted inconsistently with the Program rules or intent of this Agreement. Disabling or termination of membership may result in a Member’s inability to redeem or earn Points and/or in the cancellation of all of the Member’s Points. Skybound shall be the sole determiner in cases of suspected abuse, fraud, or violation of its rules and any decision it makes relating to termination of membership (including cancellation of Points) shall be final and binding. Skybound reserves the right to adjust your Point balance with award reversals for items returned or transactions not completed or cancelled.
10. Skybound Content and Program Content – Proprietary Rights
By posting any text, images, works of authorship, or any other materials (collectively “Content”) on, through or in connection with the Services, you hereby grant to Skybound a license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content on, through or in connection with the Services, including, without limitation, distributing part or all of the Services and any Content included therein, in any media formats and through any media channels. The license you grant to Skybound is non-exclusive, fully paid and royalty-free, sublicensable, and worldwide. You represent and warrant that: (i) you own the Content posted by you on, through or in connection with the Services, or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on, through or in connection with the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. The Services contain Content of Skybound and its Partners (“Skybound Content”). Skybound Content is protected by copyright, trademark, patent, trade secret and other laws, and we own and retain all rights in the Skybound Content and the Services. Skybound hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Skybound Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the Services, which may include retweeting or reposting content in connection with Partners’ promotional campaigns.
11. Content Restrictions
Please choose carefully the information that you post on, through or in connection with the Services and that you provide to other Users. Skybound or any Partner may refuse to grant Points for Content for any or no reason, including, but not limited to, Content that in our sole and exclusive judgment violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. You are solely responsible for the Content that you post on, through or in connection with the Services, and any material or information that you transmit to other Members and for your interactions with other Users.
12. Intellectual Property Rights
Skybound respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. It is Skybound’s policy to terminate, in appropriate circumstances, the membership of repeat infringers. If you believe your work has been copied and posted on or through the Services in a way that constitutes copyright infringement, please send our Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) 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; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature.
Our Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, Skybound,
Address: 8931 Ellis Avenue, 3rd Floor, Los Angeles, CA 90034 U.S.A.
Fax: _________________
Attn: Copyright Agent. Our Copyright Agent can also be reached electronically at copyright@skybound.com
13. Privacy
Use of the Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
14. Disclaimers
The Services are provided on a strictly “as is” and “as available” basis. SKYBOUND MAKES NO WARRANTY WITH REGARD TO ANY PRODUCTS, SERVICES, OR REWARDS OBTAINED BY MEMBERS THROUGH THE PROGRAM OR THROUGH SKYBOUND ADVERTISERS OR PARTNERS; THAT THE PROGRAM WILL MEET MEMBERS’ REQUIREMENTS; OR THAT THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, ERROR FREE; NOR DOES SKYBOUND MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PROGRAM OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PROGRAM. Skybound expressly disclaims any and all express and implied warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Skybound shall not be liable or responsible for those guarantees, warranties, and representations, if any, offered by Skybound advertisers, Partners, manufacturers of merchandise, or suppliers of services. No advice or information, whether oral or written, obtained by Member from Skybound or through the Program shall create any warranty not expressly made herein.
15. Limitation on Liability
IN NO EVENT SHALL SKYBOUND BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF SKYBOUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SKYBOUND’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SKYBOUND FOR THE SERVICES.
16. Partner Responsibilities
Members’ correspondence with or participation in promotions of Partners are solely between the corresponding Member and the Partner. Skybound assumes no liability, obligation, or responsibility for any part of any such correspondence or promotion, including without limitation withdrawal or modification of any offer or promotion. In some cases, there may be delay in the crediting of Points for promotions of Partners due to their failure to provide necessary information to Skybound for such crediting of Points. Skybound will not be responsible or liable for the delay or failure to credit Points in such event.
17. Disputes
The Agreement shall be governed by, and construed in accordance with, the laws of the State of California, United States, without regard to its conflict of law provisions. You and Skybound agree to submit to the exclusive jurisdiction of the state and federal courts located within Los Angeles County, California, to resolve any dispute arising out of the Agreement or the Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
18. Indemnification
You agree to indemnify and hold Skybound, its subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, directors, agents, partners, employees and volunteers, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement, arising from a breach of this Agreement or any breach of your representations and warranties set forth in this Agreement, or any Content that you post on, through or in connection with the Services.
19. Miscellaneous
This Agreement is accepted upon your use of the Site or Services and is further affirmed by you becoming a Member. Your agreement with Skybound will always include this Agreement at a minimum. Your access and use of certain Services may require you to accept additional terms and conditions applicable to such certain Services, in addition to this Agreement. The failure of Skybound to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. To contact us regarding any questions about this Agreement, please use the Contact Skybound. info@skybound.com
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
© 2014 Skybound, LLC. All Rights Reserved.
