1.1 You do not have to pay any registration or subscription fees to create an Account. However, some of the Services may require you to pay a fee. If you decide to subscribe to any such Services, you must ensure that:
(a) you are 17 years of age or older;
(b) you are the authorized Account holder for the Account from which you are subscribing to the Services;
(c) you are authorized to use the particular credit card or other accepted method of payment;
(d) all information that you submit is true and accurate; (this includes, without limitation, your credit card number and expiration date so it is important to keep these details updated); and
(e) you agree to pay all the fees that you incur, including all recurring subscription fees, unless and until you cancel your Account or any particular subscription to any of the Services in accordance with these Terms of Service.
1.2 Any applicable fees and other charges on your Account are payable in advance and are not refundable. We may, from time to time, without prior notice modify, amend, or supplement our fee and billing methods. We will post those changes in the corresponding section of the relevant Service(s).
1.3 Please remember that your Account is personal to you and cannot be transferred or traded with any other user.
1.4.1 By pre-ordering the product, you are authorizing Skies Technologies Inc. to automatically charge your account immediately upon submitting the pre-order, and you agree that you will be authorized to participate in beta testing of the product and to download the product and use the Service when it becomes available. The amount you pay will be held with Skies Technologies Inc. as a Non-Refundable Deposit (NRD). The NRD amount is clearly shown on the Product webpage, and it represents the full purchase price of the Product. Any NRD collected is non-transferable.
1.4.2 The release date of the Product is determined by the Skies Technologies Inc., and it is specified on the Product webpage as an estimation of when the Product will be available. Availability of the Product on or before the release date is not guaranteed.
1.4.3 You agree to forfeit to Skies Technologies Inc. the NRD in any event, except if the Product becomes Not Available if Skies Technologies Inc., at its sole discretion, determines it will never be able to release the Product. Delays in release of the Product by Skies Technologies Inc. or distributors do not result in the Product becoming Not Available.
Service and Content Licenses
2.1 The software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, data, and all other elements of the Services, as well as the design and appearance of our Sites and the Games (collectively, the “Content”), provided by Skies Technologies Inc. are protected by all relevant intellectual property and proprietary rights and applicable laws.
2.2 As between you and Skies Technologies Inc., the Content and all of the intellectual property rights in the Content are owned by Skies Technologies Inc. Except as expressly authorized by Skies Technologies Inc., you may not make use of the Content or the Service. Skies Technologies Inc. reserves all rights in and to the Content and the Services not expressly granted in these Terms of Service.
2.3 Subject to your compliance with the terms and conditions herein, Skies Technologies Inc. grants you a personal, non-exclusive, revocable, non-transferable, limited right to access the Content in connection with your access and use of the Services. Unless and to the extent that we have expressly authorized you in writing, you must not:
(a) copy or download any Content from a Service (except as part of the proper use or operation of that Service);
(b) distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of Content;
(c) make any commercial use (i.e. for profit) of the Content; or
(d) remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content.
2.4 Skies Technologies Inc. makes the Content available to you subject to the following conditions:
(a) we can only make Content available to you if it is legal for you to have access to that Content in your home country;
(b) you may only obtain Content from us (or from any person or third party that we authorise for this purpose) and you must not obtain Content from any other person or attempt to do so;
(c) we reserve the right to refuse your request(s) to acquire Content, and we also reserve the right to limit or block any request to acquire or obtain Content for any reason;
(d) WE DO NOT GUARANTEE THAT ANY CONTENT WILL BE AVAILABLE AT ALL TIMES, IN ALL COUNTRIES AND/OR ALL GEOGRAPHIC LOCATIONS, OR AT ANY GIVEN TIME OR THAT WE WILL CONTINUE TO OFFER PARTICULAR CONTENT FOR ANY PARTICULAR LENGTH OF TIME (UNLESS WE EXPRESSLY SAY OTHERWISE AS PART OF THE SERVICES);
(e) once you have redeemed or activated Content, including without limitation any Virtual Good, it is not returnable, exchangeable, or refundable for other Content or for cash, or other goods or services; and
(f) we may change, replace, remove access to or update the Content at any time in our sole discretion.
3.1 Virtual Goods. The Services may permit you to acquire and accumulate certain virtual goods as made available by Skies Technologies Inc. (“Virtual Goods”). Virtual Goods constitute a limited, non-transferable, revocable right to use features of the Services when, as, and if allowed by Skies Technologies Inc. and solely as governed by and permitted under these Terms of Service. Subject to these Terms of Service, Virtual Goods may be exchanged for access to upgraded features, may be exchanged for other Virtual Goods, or used in connection with other features made available by Skies Technologies Inc. through the Services. Virtual Goods are not real-world currency, have no monetary value, and cannot be used, exchanged, or redeemed except as provided in these Terms of Service, and cannot be transferred, in any case. For avoidance of doubt, Virtual Goods are not redeemable or refundable for any sum of money or monetary value from Skies Technologies Inc. or any third party at any time; provided, however, if and to the extent that any Virtual Goods are determined by applicable law to constitute real world currency or property, then they are the property of Skies Technologies Inc.
3.2 Acquiring Virtual Goods. You may acquire Virtual Goods in a variety of ways. Skies Technologies Inc. may distribute Virtual Goods in exchange for taking certain actions (either directly within the Services, or in connection with a third party service), for a fee, or without any fee or required action, in its sole discretion. Skies Technologies Inc. may charge fees for the right to exercise rights associated with Virtual Goods. You agree that you do not “own” the Virtual Goods and that Skies Technologies Inc. has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Goods in its sole discretion, in any general or specific case, and that Skies Technologies Inc. will have no liability to you based on its exercise of such right. Skies Technologies Inc. allows you to accumulate and manage your Virtual Goods, and may use terms such as “buy” and “sell” to refer to the grant or transfer of rights to use the Services. Use of terms such as “buy” or “sell” does not indicate any ownership right.
3.3 Additional Terms and Conditions. Without limiting the foregoing, the following rules apply to Virtual Goods:
(a) Virtual Goods may only be redeemed for other Virtual Goods where permitted in the Services;
(b) once you have purchased Virtual Goods, those Virtual Goods are non-refundable and non-exchangeable (whether or not you use them);
(c) Virtual Goods cannot be sold or transferred to anyone, but you may buy Virtual Goods for another user of a Game through the gift shop applicable to that Game;
(d) Virtual Goods cannot be exchanged for cash or any goods or services (except other Virtual Goods as permitted in the Services);
(e) to acquire Virtual Goods, you need to follow the instructions provided in the Services; this can include making a payment and providing personal and financial details (which you represent shall be complete and accurate).
(f) the price payable for the Virtual Goods (including any value added tax or other applicable taxes of duties) will be as set out on our Sites or as part of the Services (as applicable), but we reserve the right to change the price of Virtual Goods at any time at our discretion;
(g) we do not make any promises about how or when Virtual Goods may be available and can update or change Virtual Goods at any time;
(h) you may only acquire Virtual Goods from us (or from any person that we authorize for this purpose), or from another authorized user of a Game through the use of a feature included in the Game by Skies Technologies Inc. expressly for such purpose (such as a gift through the gift shop applicable to that Game), and you must not obtain Virtual Goods from any other person or in any other way or attempt to do so; and
(i) we may limit or block a request to acquire Virtual Goods for any reason.
3.4 Non-Refundable Purchase. In the event you purchase Virtual Goods from Skies Technologies Inc., we will transfer the Virtual Goods to you only once that payment has been processed, and you may start using Virtual Goods as soon as you have completed the purchase process. You therefore have no right to cancel any transaction to purchase Virtual Goods after completion of the purchase process and being entitled to download the Virtual Goods.
3.5 Restrictions. You agree and acknowledge that Skies Technologies Inc. may deny or place limitations or restrictions on any purchase, issue, or redemption of Virtual Goods, individually or with respect to general volume, at any time and for any reason. Skies Technologies Inc. may halt, suspend, discontinue, or reverse any Virtual Goods transaction (whether proposed, pending or past) in cases of actual or suspected fraud, violations of other laws or regulations, or deliberate disruptions to or interference with the Services, or the service of any affiliated or related third party.
4. Contact Us
If you have any questions, complaints, or comments regarding these Terms of Service, please contact us at firstname.lastname@example.org.