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
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 firstname.lastname@example.org. 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
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:
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:
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
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.
IN CASE OF A COPYRIGHT CLAIM CONTACT US AT SUPPORT@SKEEBDO.COM PRIMARILY
Skeebdo may contain copyrighted materials such as posters, subtitles, etc. which may not always be specifically entitled by the owner of the copyrighted material. These materials are used under the “fair use” policy since we use such copyrighted materials for English teaching purposes without cost to our Members.
We do not provide the full version of the copyrighted material furthermore we do not present it in a distinctive form with which we claim to own the intellectual property rights.
We do not sell any product other than ours, which is copyrighted by Skeebdo or DappWall. Access to the learning material in the App is free of charge in a limited manner. This limitation does not prevent the users’ usage, access to the App or access to copyrighted material’s content in any way.
8.3 To notify Skeebdo of a possible infringement you must submit your notice in writing to email@example.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.
9.8 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 firstname.lastname@example.org.
10. THIRD-PARTY LINKS, SITES, AND SERVICES
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
11.2 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