TERMS OF USE


We're thrilled you've decided to read our Terms of Use. To spare you some time, here's a short summary that you can read in 1 minute:


BASICALLY, you need to register with an email address to use our services. You cannot use our website or mobile app to post pornographic material, harass people, send spam and do other crazy stuff. Be reasonable and responsible, don't do anything stupid and you'll be fine. If you want our advanced services, you need to pay for it. As with the majority of other companies, we are only liable in a very limited number of cases if something goes wrong. We will notify you of any changes made to these terms.


If you're suffering from sleep disorders, we can assure you that after reading the first paragraph of the boring legal text below, you'll sleep like a log. As you see, along with your English vocabulary, we care about your health as well.


Terms of Use


The following document outlines the Terms of Use of the Skeebdo Website and the Skeebdo Mobile App. Please read our Terms of Use before using our Service. By using Skeebdo you are accepting the practices described in this Agreement.


1. DEFINITIONS AND INTERPRETATION


1.1 In this Agreement, the following expressions have the following meanings:


Agreement: the agreement between the Member and Skeebdo
App: Skeebdo's website and mobile app
Charges: the amount of money Member pays for a package on the Website
Content: any material, including, but not limited to images and text, submitted, queried, collected, showed, sent, edited, saved, posted, shared or uploaded in any way to the App
Member: registered user of the Service
Mobile App: Skeebdo’s mobile app, as found in the Google Play Store and the Apple App Store
Payment: the amount paid for the services by the Member
Service: the service provided by Skeebdo
Skeebdo: product of DappWall GmbH (Registered in Basel, Switzerland. Registration number: CH27040040458). Skeebdo makes it possible to learn English words by watching movies and TV shows. In this Agreement, the name Skeebdo is equivalent with DappWall in all cases
Website: Skeebdo's website, located at https://skeebdo.com


By using Skeebdo you represent that you have read, understood, and agree to compy with and be bound by these terms and conditions including any future modifications, which govern Skeebdo's relationship with you and the provided services.


We will not sell, distribute or lease your personal information to third-parties unless we are required by law to do so.


1.2 By accepting this Terms of the Agreement, the Member


  1. agrees to provide accurate, current and complete information about Member
  2. agrees to maintain and update this information to keep it accurate, current and complete.

2. DESCRIPTION OF WEBSITE, MOBILE APP AND SERVICE


2.1 The Service allows users to access and use a variety of English vocabulary learning solutions. Skeebdo may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently.


3. TERMINATION OF SERVICE


3.1 Skeebdo may terminate the Service with or without cause at any time, effective immediately and without prior notice. The intended use of the Service is to enable Members to learn as individuals, it is not intended to be used by businesses, institutes, schools and similar organizations. In case of suspicion that Member is not an individual or in case of suspicions of fraudulent activities also as an individual, Skeebdo may terminate a Member via written notice as necessary. Should Member object to any Terms of the Agreement or any subsequent modifications hereto, or become dissatisfied with the Service in any way, the Member's sole recourse is to immediately contact Skeebdo support by emailing directly to support@skeebdo.com. Upon termination of the Service, Member's right to use the Service instantly ceases. Member shall have no right, and Skeebdo shall have no obligation thereafter, to forward any information associated with Member's account.


3.2 Skeebdo may terminate Member without any prior notice if Member has materially breached any provision of the Agreement. Skeebdo reserves the right to immediately suspend or terminate Member and/or restrict Member's access to the Service until any breach or noncompliance is cured.


3.3 Skeebdo may, but has no duty to, immediately terminate Member and remove it from the Service if in its sole discretion Skeebdo concludes or surmises that Member is engaged in illegal activities or the sale of illegal or harmful goods or services, or is engaged in activities or sales that may damage the rights of Skeebdo or others. Any termination under this Section shall take effect immediately, and Member expressly agrees that it shall not have any opportunity to cure.


4. PROPRIETARY RIGHTS IN SERVICE CONTENT AND ACTIVITY MATERIALS


4.1 All content available through the Service, including designs, text, graphics, images, information, software, audio and other files, and their selection and arrangement are the proprietary property of Skeebdo or its licensors. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms of Use Agreement. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Content. As between you and Skeebdo, all data, information and materials generated from your access and use of the English vocabulary learning activities made available on or through the Service, including translated content generated, shall be exclusively owned by Skeebdo, and you shall not have any right to use such materials except as expressly authorized by these Terms of Use. By using the Service, you hereby assign to Skeebdo any and all rights, title and interest, including any intellectual property rights or proprietary rights, in the aforementioned materials. All rights of Skeebdo or its licensors that are not expressly granted in these Terms of Use are reserved to Skeebdo and its licensors.


5. PRIVACY


5.1 Use of the Service is also governed by our Privacy Policy, a copy of which is located at https://skeebdo.com/privacy. By using the Service, you consent to the terms of the Privacy Policy.


6. LIMITATION OF LIABILITY


6.1 All Content posted or otherwise submitted to the App is the sole responsibility of the account holder from which such Content originates and you acknowledge and agree that you, and not Skeebdo are entirely responsible for all Content that you collect, post, or otherwise submit to the App. Skeebdo does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the App you may be exposed to Content that is offensive, indecent or objectionable.


6.2 As a condition of use, you promise not to use the App for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Skeebdo. You agree not to use the App:


  1. To abuse, harass, threaten, impersonate or intimidate any person;
  2. To post or transmit, or cause to be posted or transmitted, any Content that is libellous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
  3. To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Skeebdo Member;
  4. To create or transmit unwanted spam to any person or any URL;
  5. To create multiple accounts for the purpose of using more of Skeebdo's resources than allowed by the Free package;
  6. To post copyrighted Content which doesn't belong to you, with exception of blogs and news articles, where you may post such Content with explicit mention of the author's name and a link to the source of the Content;
  7. To promote or sell Content of another person;
  8. To sell or otherwise transfer your profile.

6.3 You expressly understand and agree that Skeebdo and their creators shall not be liable to you for:


(1) Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or Services, or other intangible loss;


(2) Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:


  1. Any reliance placed by you on the completeness, accuracy or existence of any order, or as a result of any relationship or transaction between you and any Member or sponsor whose order appears through the service;
  2. Any changes which Skeebdo may make to the service, or for any permanent or temporary cessation in the provision of the service (or any features within the Service);
  3. The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Service;
  4. Your failure to provide Skeebdo with accurate account information;
  5. Your failure to keep your password or account details secure and confidential;
  6. Any damage that results from the service being temporarily unavailable due to technical issues beyond our control;
  7. The loss of use of the Service, inaccurate results, loss of profits, business interruption, damages stemming from loss or corruption of data or data being rendered innacurate, the cost of recovering any data, the cost of substitute services or claims by third parties for any damage to computers, software, modems, telephones or other property

6.4 You are solely responsible for any damage to your mobile phone/operating system or other device or loss of data that results from using the App.


6.5 Skeebdo is not responsible for any personal or sensitive information you share about yourself or others through Skeebdo's services.


6.6 Skeebdo’s liability to you or any third party claiming through you for any cause whatsoever, and regardless of the form of the action, is limited to the amount paid, if any, by you to Skeebdo for the service in the 12 months prior to the initial action giving rise to the liability.


7. INDEMNIFICATION OF SKEEBDO


7.1 You agree to defend, indemnify and hold harmless Skeebdo and its creators, directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys' fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms of Use or otherwise), your breach of any of these Terms of Use, or any claim that any translation we provide to you is inaccurate, inappropriate or defective in any way whatsoever.


8. COPYRIGHT AND TRADEMARK POLICIES


8.1 "Skeebdo,” "DappWall” and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or service marks of Skeebdo or their respective owners. Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the Skeebdo name or any DappWall or third-party trademarks, service marks, graphics or logos.


8.2 Skeebdo respects the intellectual property rights of others. It is our policy to respond promptly to any claim that Content collected, showed, saved and posted in the App infringes the copyright or other intellectual property of any person.


8.3 To notify Skeebdo of a possible infringement you must submit your notice in writing to support@skeebdo.com and include in your notice a detailed description of the alleged infringement sufficient to enable Skeebdo to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.


9. FINANCIAL TERMS


9.1 All costs listed on the Website and Mobile App are to be understood in Euros (EUR).


9.2 Registering and maintaining an account on the Website and Mobile App is free. Skeebdo never charges your account or asks you to make any kind of payment to keep the account active.


9.3 If you purchase an auto-renewing periodic subscription through the Service, your Skeebdo account will be billed continuously for the subscription until you terminate it as set forth below. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically renew for an additional equivalent period. If you do not wish your subscription to renew automatically, or if you want to terminate your subscription, you will need to log in to your Skeebdo account and follow instructions to terminate your subscription, even if you have deleted your account.


9.4 The validity of the auto-renewing subscription is defined in equal periods, starting from the moment your payment has been validated as successfully complete.


9.5 You agree to pay all fees and applicable taxes incurred by you or anyone using a Skeebdo account registered to you. Skeebdo may revise the pricing for the goods and services offered through the Service at any time. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.


9.6 All financial transactions made in connection with the Service will be processed by a third party in accordance with their respective terms of use, privacy policy, and/or any applicable payment terms and conditions. We encourage you to learn about the practices of such third party. In no event will Skeebdo be responsible for the actions or inactions of any third party payment processor, including, but not limited to, system downtime or payment service outages.


9.7 In the event that Skeebdo suspends or terminates your use of the Service or these Terms of Use or you close your account voluntarily, you understand and agree that you will receive no refund or exchange of any kind, including for any Content or data associated with your use of the Service, or for anything else.


9.8 Subscriptions can be terminated in the user profile on the Website or Mobile App. Once you terminate a subscription, your account will revert to a free account and you will lose all benefits associated to a subscription. If you re-subscribe afterward, the subscription duration will be reset, even if you had additional days left of the original subscription.


9.9 Invoicing takes place digitally. Invoicing in paper form is waived. After payment, invoices might become unavailable in some cases. In this case, please contact us at support@skeebdo.com.


10. THIRD-PARTY LINKS, SITES, AND SERVICES


10.1 The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Skeebdo. We do not endorse or assume any responsibility for any such third party sites, information, materials, products, or services. If you access any third party website, service, or content from Skeebdo, you understand that these Terms of Use and our Privacy Policy do not apply to your use of such sites. You expressly acknowledge and agree that Skeebdo shall not be responsible or liable, directly or indirectly, for any damage or loss arising from your use of any third-party website, service, or content.


10.2 The Service may include advertisements, which may be targeted to the Content or information on the Service, or other information. The types and extent of advertising by Skeebdo on the Service are subject to change. In consideration for Skeebdo granting you access to and use of the Service, you agree that Skeebdo and its third party providers and partners may place such advertising in connection with the display of content or information submitted by you or others.


11. CHANGES TO THE TERMS


11.1 Skeebdo reserves the right to make changes to the Service and to the Terms outlined in this Agreement at any time. If we do this and the changes are material, we will post a notice that we have made changes to this Terms of Use Agreement on https://skeebdo.com for at least 7 days before the changes are made, and we will indicate the date these terms were last revised at the bottom of the Terms of Use document. Any revisions to this Terms of Use document will become effective at the end of that 7 day period.


11.2 You understand and agree that if you use the Service after the date on which the Agreement has changed, Skeebdo will treat your use as acceptance of the updated Agreement.


12. GENERAL LEGAL TERMS


12.1 The Agreement constitutes the whole legal agreement between you and Skeebdo and governs your use of the Service (however excluding any Services which Skeebdo may provide to you under a separate written agreement), and completely replace any prior agreements between you and Skeebdo in relation to the Service.


12.2 You agree that Skeebdo may provide you with notices, including those regarding changes to the Agreement, by email or postings on the Website or in the Mobile App.


12.3 You agree that if Skeebdo does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Skeebdo has the benefit of under any applicable law), this will not be taken to be a formal waiver of Skeebdo's rights and that those rights or remedies will still be available to Skeebdo.


12.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of the Agreement is invalid, then that provision will be removed from the Agreement without affecting the rest of the Terms. The remaining provisions of the Agreement will continue to be valid and enforceable.


12.5 The Agreement, and your relationship with Skeebdo under the Terms, shall be governed by the laws of Switzerland without regard to its conflict of laws provisions. You and Skeebdo agree to submit to the exclusive jurisdiction of the courts located within the county of Basel, Switzerland to resolve any legal matter arising from the Agreement. Notwithstanding this, you agree that Skeebdo shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.


12.6 The contract remains binding even in the case of legal ineffectiveness of individual points in its remaining parts. In place of the ineffective points, if available, the statutory provisions. To the extent that this would constitute an unreasonable hardship for one of the contracting parties, however, the contract as a whole becomes ineffective.


Effective March 9, 2021