These terms and conditions of use (this “Agreement”) apply to all visitors to www.skylightstudios.com (the “Site”), as well as to all information and/or services provided to you on or through the Site (the “information”). Skylight Enterprise LLC (“Skylight”, “we”, “our”, “us”) maintains this Site for the information and entertainment of the user. Please read this Agreement carefully before using the Site. By using the Site, you are agreeing to these terms and conditions in addition to any other law or regulation that applies to the Site, the Internet, and/or the World Wide Web. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms and conditions at any time without notice to you. Please check this Agreement periodically for changes. Your continued use of the Site following any change, modification, addition or removal of terms and/or conditions signifies your acceptance of any of those changes. If you do not agree with this Agreement, or any change thereto, please exit the Site immediately.
2.1 Skylight and its affiliates, officers, directors, owners, agents, content providers, licensors and licensees (“Skylight Releasees”) shall have no liability for any direct, indirect, special, consequential, punitive and/or incidental damages of any kind whatsoever, including, but not limited to, lost profits or attorneys’ fees, in any way due to, resulting from, or arising in connection with your access to, use of, browsing on, downloading of any images, video, materials or audio from the Site, inability to access, or use the Site, or from your reliance on any information provided on the Site. This includes but is not limited to damage to property or viruses that may infect your computer equipment or other related property. Skylight Releasees shall have no responsibility or liability for any obscenity, error, libel, slander, profanity, omission, falsehood, pornography, danger or inaccuracy of content.
2.2 You agree to indemnify, defend and hold the Skylight Releasees harmless from any claim, expense or demand, including without limitation reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
All content contained on the Site, including but not limited to video, clips, photographs, text, graphics, logos, icons, images and software (collectively, “Content”), is the property of Skylight or its affiliates and/or their respective licensors and is protected by U.S. and/or international copyright laws. Any reproduction, modification, distribution, transmission, republication, display or performance of the Content contained on the Site is strictly prohibited. If you use material appearing on the Site other than as expressly permitted in this Agreement, you may be liable for infringement, misappropriation or other causes of action. Skylight repurposes pre-approved client collateral on the website for marketing purposes. Should you believe that appropriate photo credit or approval was not provided, please reach out to email@example.com for edits and/or to request the removal of images.
Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included in the Site (collectively, the “Trademarks”) are the property of Skylight and/or its respective licensors and are protected by the trademark laws of the United States and other jurisdictions. You may not use, copy, reproduce, republish, distribute, modify or post any Trademarks in any way, including in advertising or publicity pertaining to or distribution of materials on the Site, without Skylight’s prior written consent. The Trademarks may not be used in any manner that is likely to cause confusion, or in any manner that disparages or discredits Skylight, its affiliates or licensors.
The Site may include links to other websites that may be of interest to you. Because we have no control over such websites, you acknowledge and agree that we are not responsible for the availability of such websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. You also acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. All such websites shall be subject to the policies and procedures of the owners of such websites.
6. DISCLAIMER OF WARRANTIES
6.1 You acknowledge and agree that your use of the website is at your sole risk. Skylight does not make any representation or warranty (i) as to the accuracy, correctness, completeness or usefulness of any content appearing on the website and is not responsible for any errors or omissions in any content appearing on the website, or (ii) generally for the accuracy, reliability, or quality of any content appearing on the website. EMG is not responsible for any failures, delays or interruptions of the website. The website is provided to you “as is” and Skylight makes no representation or warranty of any kind to you, either express or implied. Specifically, Skylight disclaims any implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose.
6.2 You acknowledge and agree that under no circumstances will Skylight be liable for any loss or damage caused by your reliance on content obtained through the website or caused by your conduct. Skylight does not guarantee continuous, uninterrupted or secure access to the website, and the operation of the website may be interfered with by numerous factors outside of our control.
7. LIMITATION OF LIABILITY
7.1 In no event shall the Skylight Releasees be liable for indirect, incidental, special, consequential or punitive damages, arising out of or in connection with your use of the Site, including without limitation for lost profits or business, or anticipated lost profits or business, even if advised of the possibility of such damages. In any event, the Skylight Releasees’ aggregate liability to you or any third party in any circumstance arising out of or related to the Site or this agreement shall be limited to $100.
7.2 Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for indirect, incidental, special, consequential or punitive damages. Accordingly, some of the above limitations in sections 6 or 7 hereof may not apply to you.
8. GOVERNING LAW & FORUM SELECTION
You acknowledge and agree that this Agreement shall be governed by and construed in accordance with the internal laws of the State of New York, excluding conflict of laws provisions thereof that would indicate the application of the laws of any other jurisdiction and you hereby submit to exclusive jurisdiction in the federal and state courts of New York. If for any reason, a dispute arises between You and the Starlight Releasees, You agree that any such Dispute will be brought exclusively in the courts located in the County of New York, New York or the U.S. District Court for the Southern District of New York. You agree to waive any objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts. You agree to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.
9. CLASS ACTION AND JURY TRIAL WAIVER FOR U.S. USERS
Should a dispute arise between You and the Spotlight Releasees, such dispute cannot be brought, maintained or resolved on behalf of or by a class, as a private attorney-general or in any other representative capacity. You agree that in the event of any dispute between You and any Spotlight Releasee, such dispute will not be resolved by a jury trial. You and we unconditionally waive any right to trial by jury in an any action, proceeding or counterclaim arising out of or relating to these Terms. In the event of litigation, the paragraph may be filed to show written consent to a trial by the court.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement may be automatically assigned by Skylight, in its sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement, along with any other terms and conditions regulating use of the Site, sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement and any ancillary terms and conditions will survive termination or expiration to the extent necessary to carry out the intentions of the parties.