DESCRIPTION OF SERVICE AND ACCEPTANCE OF TERMS
SCK EVENTS, LLC (“SCK EVENTS,” “we,” or “us”) provides an online video service
which gives users the opportunity to select from various offerings of live and on-demand
programming, including television shows, movies, clips, and other content (collectively,
the “Content”). Our video service, the Content, our player for viewing the Content (the
“Video Player”) and any other products, features, tools, materials, or other services
(including third-party branded services) offered from time to time by SCK EVENTS
through a variety of Access Points (defined below) are referred to collectively as the
“Services.” The term “Access Points” refers to, collectively, the SCKEVENTS.com
website (the “SCK EVENTS Site”), applications, and other places where any Services
are available, including websites and applications of SCK EVENTS’s third-party
distribution partners and other websites where users or website operators are permitted
to embed or have otherwise licensed the Video Player.
Use of the Services (including access to the Content) is subject to compliance with
these Terms which incorporate by reference our Privacy Policy available at
SCKEVENTS.com (“Privacy Policy”) and any end user license agreement that might
accompany the applicable Service. Therefore, by accessing or using any of the
Services through any Access Point (including by visiting the SCK EVENTS Site or by
downloading or launching the SCK EVENTS application), you accept and agree to
these Terms. Please note that if you subscribe to a Service that is available through a
third-party website or application, your access to and use of that Service will be subject
to additional terms and limitations specific to that Service.
Please note that the website addresses (i.e., URLs) included within these Terms may
not function as hyperlinks on all the Access Points. To view these Terms with clickable
hyperlinks, please visit the SCK EVENTS Site on your computer.
CHANGES TO THESE TERMS
We may need to make changes to these Terms from time to time for many reasons. For
example, we may need to reflect updates in how the Services work or changes in the
law. You should look at these Terms regularly, which are posted on the SCK EVENTS
Site at SCKEVENTS.com . If we make a material change to these Terms, we will notify
you by posting a notice on the SCK EVENTS Site. If you are a registered user, we will
also send an email to the email address you most recently provided to us prior to the
material change taking effect. Any material change to these Terms will be effective
automatically 30 days after the revised Terms are first posted or, for users who register
or otherwise provide opt-in consent during this 30-day period, at the time of registration
or consent, as applicable.
- ACCESS AND USE OF THE SERVICES
3.1 Age Limitations. The Services are not intended to be used by children without
involvement and approval of a parent or guardian. If you are under the age of 13, you
are not permitted to register with SCK EVENTS or provide your personal information to
SCK EVENTS. If you are at least 13 and under 18 years of age (or under the applicable
age of majority in your state or territory of residence), you may register with SCK
EVENTS, but only if you have the consent of your parent or guardian, including consent
to these Terms on your behalf, and for clarity, you may only modify an account, or
associated profiles, with the consent of your parent or guardian. Please note that age
requirements for purchase of and access to certain Services may vary.
3.2 Ownership and License. SCK EVENTS owns and retains all rights to the Services,
and the Content is owned or controlled by SCK EVENTS and SCK EVENTS’s content
programmers. The Services and the Content are also protected by copyright,
trademark, and other intellectual property laws. That said, SCK EVENTS is pleased to
grant you a non-exclusive limited license to use the Services, including accessing and
viewing the Content on a streaming-only basis through the Video Player, for personal,
non-commercial purposes as set forth in these Terms. The periods during which you
can view each piece of Content will vary based on the rights availability of such Content
and the terms of your subscription. The Services may include different Content
offerings, features, and usage rules, which will be explained to you during your sign-up
or in other materials made available to you.
3.3 Profiles. SCK EVENTS offers the option to personalize use of the Services through
the creation of one or more profiles under one account. Only the account holder, and
those with permission from the account holder, may create a profile. The account holder
may access profile details and delete or otherwise modify profiles associated with the
account.
3.4 The Content.
- Usage Rules and Limitations. You may not either directly or through the use of any
device, software, internet site, web-based service, or other means remove, alter,
bypass, avoid, interfere with, or circumvent any copyright, trademark, or other
proprietary notices marked on the Content or any digital rights management
mechanism, device, or other content protection or access control measure associated
with the Content including geo-filtering mechanisms. For clarity, you may not use any
technology or technique that obscures or disguises your location when you are
accessing the Services. You may not either directly or through the use of any device,
software, internet site, web-based service, or other means copy, record, download,
stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify,
translate, broadcast, perform, display, sell, or transmit or retransmit the Content unless
expressly permitted by the terms of your subscription or otherwise by SCK EVENTS in
writing. You may not incorporate the Content into, or stream or retransmit the Content
via, any hardware or software application or make it available via frames or in-line links
unless expressly permitted by SCK EVENTS in writing. Furthermore, you may not
create, recreate, distribute or advertise an index of any significant portion of the Content
unless authorized by SCK EVENTS. You may not build a business utilizing the Content,
whether or not for profit. The Content covered by these restrictions includes without
limitation any text, graphics, layout, interface, logos, photographs, audio and video
materials, and stills. In addition, you are strictly prohibited from creating derivative works
or materials that otherwise are derived from or based on in any way the Content,
including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting
cards, and merchandise, unless expressly permitted by SCK EVENTS in writing. This
prohibition applies even if you intend to give away the derivative materials free of
charge.
- Content Subjectivity. Content tends to elicit varying reactions among different
people. You may come across Content that you find offensive, indecent, explicit or
objectionable. Also, Content types, genres, categories, and descriptions are provided as
suggestions to help with navigation, and SCK EVENTS does not guarantee that you will
agree with them. You acknowledge these risks.
- Content Quality. SCK EVENTS uses various technologies to provide you with an
optimal viewing experience. That said, quality of Content, including resolution, may be
affected by the format of the Content, your location, the speed and bandwidth of your
internet service, and the devices used, among other factors. HD and 4K Ultra HD
availability for supported Content depends on your internet service and device
capabilities. The time it takes you to begin playing Content will vary based on a number
of factors, including your location, internet bandwidth, the number of devices
simultaneously connecting to the same network, the Content you have selected, and the
configuration of the device you are using. As a result, SCK EVENTS is unable to make
any warranties about the Content in these respects.
- Content Presentation. We want you to have the best experience with our Services,
including the ability to easily discover and enjoy new Content. To help do that, Content
you view across all Services may include promotional videos (e.g., previews or trailers)
before and after that Content. Please note that Content you view (e.g., legal and
medical shows) should not be relied upon for advice. For those who are susceptible to
photosensitive epilepsy or other photo sensitivities, it’s also important to remember that
some Content may contain flashing lights sequences or patterns.
- Temporary Downloads. We know that you may not always have an internet
connection when you want to watch your favorite Content. Depending on the Service to
which you subscribe, SCK EVENTS may give you the option to temporarily download
certain Content on certain Compatible Devices so that you can watch it while you are
offline (“Temporary Downloads”). Of course, there are some limitations that may change
from time to time, including: (i) the maximum number of devices that can store
Temporary Downloads; (ii) the maximum number of Temporary Downloads that can be
stored across Compatible Devices at any given time; (iii) how long Temporary
Downloads will remain available to you; and (iv) geographic and device restrictions on
playback.
- Location Access. Content may be limited to distribution in certain geographic
locations. For that reason, we may use different technologies and methods to verify
your geographic location. For example, you may be required to enable location access
on your Compatible Device in order to access certain Services or to watch select
Content made available through certain Services.
- Additional Content. From time to time, we may offer you the opportunity to watch
Content that is not included in the Service to which you subscribe. For example,
subscribers to SCK EVENTS’s on-demand streaming Services may be able to watch
certain live Content. SCK EVENTS offers this additional Content on a promotional basis
and has sole discretion regarding the availability of the Content, eligibility to watch the
Content, and requirements to access the Content. For clarity, such Content may require
you to enable location access and may contain advertisements.
3.5 Live TV Service.
SCK EVENTS offers multiple Services that provide access to different types of Content.
For example, you may subscribe to a Service that provides live TV and other related
Content, including on-demand Content (“SCK Live TV Service”). If your subscription
includes the Live TV Service, please be aware of following:
- Home. When you set your home location as part of registration for and access to
the Live TV Service, make sure to designate a residential, non-mobile internet
network (“Home”). Your Home will be used to determine which streams are
considered “in-home” or “out-of-home,” where relevant to the requirements of
your Service. In addition, for uninterrupted Live TV service, you should access
SCK EVENTS on your mobile device from your Home location every 30 days, or
such other period described in our Help Center at SCKEVENTS.com .
- Regional Sports Networks and Local Affiliates. Your access to regional sports
networks, if any, will be determined by your Home, even if you access the
Services from outside your Home. Your access to live Content from local
affiliates, if any, will depend on the location of your device at the time you access
the Services.
- Advertisements. If you subscribe to multiple Services, the terms of one Service
will not impact those of another Service. For example, if you subscribe to both
the Live TV Service and another Service featuring Content on-demand without
advertisements, you will still see advertisements while streaming Content from
the Live TV Service.
- Live Content Restrictions. Certain live Content, including sporting events, may
be unavailable due to your location, blackouts, or device-specific restrictions set
by sports leagues and other parties that control Content rights.
3.6 The Video Player. You may not modify, enhance, remove, interfere with, or
otherwise alter in any way any portion of the Video Player, its underlying technology,
any digital rights management mechanism, device, or other content protection or access
control measure incorporated into the Video Player. This restriction includes, without
limitation, disabling, reverse engineering, modifying, interfering with or otherwise
circumventing the Video Player in any manner that enables users to view the Content
without: (i) displaying visibly both the Video Player and all surrounding elements
(including the graphical user interface, any advertising, copyright notices, and
trademarks) of the Access Point where the Video Player is located; and (ii) having full
access to all functionality of the Video Player, including, without limitation, all video
quality and display functionality and all interactive, elective, or click-through advertising
functionality.
3.7 Embedding a Video Using the Video Player. Where SCK EVENTS has
incorporated an embed option in connection with Content on the Services, you may
embed videos using the Video Player, provided you do not embed the Video Player on
any website or other location that (i) contains or hosts content that is unlawful,
infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar,
indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct,
gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any
third-party including intellectual property rights, or is otherwise inappropriate or
objectionable to SCK EVENTS (in SCK EVENTS’s sole discretion), or (ii) links to
infringing or unauthorized content (collectively, “Unsuitable Material”). You may not
embed the Video Player into any hardware or software application, even for
non-commercial purposes. SCK EVENTS reserves the right to prevent embedding to
any website or other location that SCK EVENTS finds inappropriate or objectionable (as
determined by SCK EVENTS in its sole discretion).
3.8 Compatible Devices. In order to access the Services, you will need to use a
computer, mobile device, streaming media player, or other device that meets the system
and compatibility requirements that we establish from time to time (each, a “Compatible
Device”). Please visit our Help Center at SCKEVENTS.com for a current list of
Compatible Devices. Please note that Compatible Devices may vary by Service, and
may be subject to additional terms. For example, certain devices may not be capable of
streaming Content from the Live TV Service but may be capable of streaming other
Content. Features and functionalities that we make available through the Services may
also differ by Compatible Device and the terms of your subscription. If you access the
Services using a Compatible Device, the third-party that offers that Compatible Device
shall be a third-party beneficiary to these Terms, but is not a party to these Terms.
3.9 Simultaneous Streams. The number of simultaneous streams of Content that you
can access varies by Service and may require device and account verification. Please
visit our Help Center at SCKEVENTS.com for the most up to date information on the
number of simultaneous streams of Content that are allowed based on the terms of your
Service. Where relevant to your Service, “in-home” streams are those that you stream
through your Home internet service, and “out-of-home” streams are those that you
stream through a connection to a cellular or Wi-Fi network outside of your Home.
3.10 Internet Service and Data Usage. In order to access the Services, you must have
a high-speed broadband, wireless or similar internet connection from an internet service
provider that meets certain technical specifications. Please note that multiple
simultaneous streams, as well as HD and 4K Ultra HD Content, may require higher
internet bandwidth. You are responsible for any costs associated with your internet
service used to access the Services. Your use of the Services may count toward your
data usage, depending on the terms of your agreement with your internet service
provider.
3.11 Your Responsibilities. In order for us to keep the Services safe and available for
everyone to use, we all have to follow the same rules of the road. You agree to observe
all restrictions identified in these Terms, including without limitation using the Services in
a way that:
- violates the rights of others, including patent, trademark, trade secret, copyright,
privacy, publicity, or other proprietary rights;
- uses technology or other means to access, index, frame or link to the Services
(including the Content) that is not authorized by SCK EVENTS (including by
removing, disabling, bypassing, or circumventing any content protection or
access control mechanisms intended to prevent the unauthorized download,
stream capture, linking, framing, reproduction, access to, or distribution of the
Services);
- involves accessing the Services (including the Content) through any automated
means, including “robots,” “spiders,” or “offline readers” (other than by
individually performed searches on publicly accessible search engines for the
sole purpose of, and solely to the extent necessary for, creating publicly available
search indices – but not caches or archives – of the Services and excluding those
search engines or indices that host, promote, or link primarily to infringing or
unauthorized content);
- introduces viruses or any other computer code, files, or programs that interrupt,
destroy, or limit the functionality of any computer software or hardware or
telecommunications equipment;
- damages, disables, overburdens, impairs, or gains unauthorized access to the
Services, including SCK EVENTS’s servers, computer network, or user accounts;
- removes, modifies, disables, blocks, obscures or otherwise impairs any
advertising in connection with the Services (including the Content);
- uses the Services to advertise or promote services that are not expressly
approved in advance in writing by SCK EVENTS;
- collects information in violation of SCK EVENTS’s Privacy Policy;
- collects information about users for the purpose of sending, facilitating, or
encouraging unsolicited bulk or other communications;
- furthers any means of fraudulent activity, including identity theft;
- encourages conduct that would constitute a criminal offense or give rise to civil
liability;
- violates these Terms or any guidelines or policies posted by SCK EVENTS;
- interferes with any other party’s use and enjoyment of the Services; or
- attempts to do any of the foregoing.
We reserve the right to immediately terminate or restrict your account or your use of the
Services at any time, without notice or liability, if SCK EVENTS determines or
reasonably believes in its sole discretion that you have breached these Terms, violated
any law, rule, or regulation, engaged in other inappropriate conduct, or for any other
business reason. Of course, we would prefer to avoid such termination; we may use
technical measures to block or restrict your prohibited access to or use of the Services,
and you agree not to circumvent, avoid, or bypass such restrictions. We also reserve
the right to take appropriate legal action against you, and you acknowledge that you will
have caused substantial harm to SCK EVENTS and that the amount of such harm
would be extremely difficult to measure.
3.12 Software Downloads. In order to participate in certain Services or access certain
Content, you may be notified that it is necessary to download software or other
materials or agree to additional terms and conditions. Unless otherwise provided by
these additional terms and conditions, they are hereby incorporated into these Terms.
3.13 Modification/Suspension/Discontinuation. We regularly make changes to the
Services and reserve our right to continue to do so. The availability of the Content, as
well as Access Points and Compatible Devices through which the Services are
available, will change from time to time. SCK EVENTS reserves the right to replace or
remove any Content and Access Points available to you through the Services, including
specific titles and networks/channels. Additionally, you agree that for various reasons,
such as restrictions from content programmers and other limitations or considerations
from third-parties, certain Content and functionality that may be available through one
Access Point or Compatible Device may not be available through another Access Point
or Compatible Device. SCK EVENTS also reserves the right to make modifications to
features or other elements of the Services, including promotional features, user
interfaces, product features and functionality, plans, and advertisements. In our
continued assessment of the Services, we may from time to time, with respect to any or
all of our users, experiment with or otherwise offer certain features or other elements of
the Services, including promotional features, user interfaces, product features and
functionality, plans, pricing, and advertisements. You acknowledge that SCK EVENTS
may do so in SCK EVENTS’s sole discretion at any time without notice. We hope not to,
but we may change, suspend, or discontinue – temporarily or permanently – some or all
of the Services (including the Content and the Compatible Devices through which the
Services are accessed), with respect to any or all users, at any time, and without notice.
You also agree that SCK EVENTS will not be liable to you for any modification,
suspension, or discontinuance of the Services.
- SUBSCRIPTIONS AND BILLING
4.1. Ongoing Subscription and Fees. While we may offer Content from time to time
for free, we charge a fee to access the Services. We will bill you in advance for your
subscription. Your subscription will continue and automatically renew on a recurring
basis corresponding to the term of your subscription unless and until you cancel your
subscription, or your account is otherwise suspended or terminated pursuant to these
Terms. SCK EVENTS reserves the right to change the terms of your subscription,
including price, from time to time, effective as of the beginning of your next Billing
Period following the date of the change. We will give you advance notice of these
changes, but we will not be able to notify you of changes in any applicable taxes.
4.2 Payment Method. Unless otherwise indicated, you will be required to provide a
credit card or other payment method accepted by SCK EVENTS, as may be updated
from time to time (“Payment Method”). We will charge your Payment Method a periodic
subscription fee on a recurring basis corresponding to the term of your subscription, and
any applicable taxes. You are solely responsible for any and all fees charged to your
Payment Method. When you provide a Payment Method, we will attempt to verify the
information you entered by processing an authorization hold. We do not charge you in
connection with this authorization hold, but your available balance or credit limit may be
reduced. If you want to use a different Payment Method than the one you signed up to
use during registration, you may edit your Payment Method information by logging in on
the SCK EVENTS Site and viewing your account details.
4.3 Billing Holds. In the event of a failed attempt to charge to your Payment Method
(e.g. if your Payment Method has expired), we reserve the right to retry billing your
Payment Method. In the event that you or we (through our payment service providers)
update your Payment Method to remedy a change in validity or expiration date, we will
automatically resume billing you for your subscription to the Services. We may suspend
or cancel your access to the Services if we remain unable to successfully charge a valid
Payment Method. You also remain responsible for any amounts you fail to pay in
connection with your subscription, including collection costs, bank overdraft fees,
collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.
We may offer you the ability to pause your subscription for a specified period of time. If
you do not cancel before the end of the pause period, billing will resume automatically.
4.4 Billing Period. As used in these Terms, “billing” shall indicate either a charge or
debit, as applicable, against your Payment Method. We will automatically bill your
Payment Method on the later of the day you start your subscription or the day your free
trial ends, and on each recurring billing date thereafter. Your “Billing Period” is the
interval of time between each recurring billing date and corresponds to the term of your
subscription. Where applicable, charges for one or more Services may be prorated for
any partial month of service. To see your next recurring billing date, log in on the SCK
EVENTS Site and view your account details. You acknowledge that the timing of when
you are billed and the amount billed each Billing Period may vary, including if your
subscription began on a day not contained in a given month (e.g. if you have a monthly
subscription and became a paying subscriber on January 31, your Payment Method
would next be billed on February 28), due to free trials and other promotional offers, gift
card redemptions, credits applied, or changes in your subscription or Payment Method.
4.5 Cancellation and Refunds. You can cancel your subscription by logging into your
SCK EVENTS account and following the instructions on your account page on the SCK
EVENTS Site. See Section 4.9 for cancellation information if you pay for the Services
through a third-party. You must cancel your subscription prior to 11:59 p.m. Eastern time
on the day before your next recurring billing date in order to avoid being charged.
Unless otherwise communicated, if you cancel your subscription, you will continue to
have access to the Service through the end of your current Billing Period. However, if
you modify your subscription to switch from one Service to another Service during your
Billing Period, you may not have continued access to your original Service. If you
cancel, including if you switch your billing from SCK EVENTS to a third-party, you will
also forfeit any service, referral, or redeemed gift card credits.
Payments are nonrefundable. If you cancel, modify your subscription, or if your account
is otherwise terminated under these Terms, you will not receive a credit, including for
partially used periods of Service. There are circumstances where SCK EVENTS may
provide credits on a case by case basis. The amount and form of such credits, and the
decision to provide them, are at SCK EVENTS’s sole and absolute discretion.
4.6 Free Trials. On occasion, we may offer free trials to a particular Service, subject to
specific terms explained during your sign-up. You can view details of your free trial on
your SCK EVENTS account page. SCK EVENTS reserves the right to determine
eligibility for free trials, which may vary based on factors including the Service selected,
how recently you redeemed a free trial, and whether the Service is part of a combined
offering. Certain limitations may also exist with respect to combining free trials with any
other offers.
It is very important to understand that you will not receive a notice from SCK EVENTS
that your free trial has ended and that payment for your subscription is due. If you wish
to avoid charges to your Payment Method, you must cancel your subscription prior to
midnight Eastern Time on the last day of your free trial period. Because the Services are
offered in multiple time zones, for consistency, a “day” for purposes of these Terms
begins at 12:00 a.m. Eastern Time and ends at 11:59 p.m. Eastern time of that same
calendar day. You may cancel your subscription at any time as described in the
“Cancellation and Refunds” section of these Terms. If you cancel your subscription
during a free trial or while using a promotional code or other credits, cancellation may
be effective immediately.
4.7 Promotions. If we offer you a promotion (e.g., a promotional price, bundled
subscription, or device-specific offer), the specific terms of the promotion will be
disclosed during your sign-up or in other materials provided to you. We will begin billing
your Payment Method for your subscription at the then-current, non-promotional price
after your promotion ends unless you cancel prior to the end of your promotion or
unless otherwise disclosed.
4.8 Pay Per View and Other One-Time Purchase Events. We may offer one-time
events for purchase in connection with the Services. Some of these events may be
offered through a third-party, in which case you may be required to complete your
purchase through and view the event using a third-party Service. You will be charged for
such events at the time of purchase. For clarity, such events may be subject to
additional limitations provided to you during your purchase or in other materials made
available to you.
4.9 Third-Party Billing. You may choose to be billed for, or receive access to, the
Services through a third-party, in which case, your billing relationship will be directly with
that third-party, additional terms may apply, and Service offerings may be limited. If you
want to cancel or modify your subscription or manage your billing, you may need to do
so through your account with such third-party. SCK EVENTS will not be liable to you for
any claims arising out of or related to your purchase or use of third-party products or
services.
4.10 SCK EVENTS Gift Cards. SCK EVENTS may make available gift cards
redeemable for an eligible Service. SCK EVENTS gift cards may not be used in
conjunction with or in addition to any special offer unless the terms of the special offer
expressly indicate otherwise. The purchase and redemption of SCK EVENTS gift cards
are subject to the SCK EVENTS Gift Card Terms and Conditions, which you can review
at SCKEVENTS.com
- ACCOUNTS AND REGISTRATION
You are responsible for all use of your account, including use of your account by other
members of your household. By allowing others to access your account or to create
profiles within your account, you agree to be responsible for ensuring that they comply
with these Terms and you agree to be responsible for their activity using the Services.
All registration information you submit must be accurate and updated. Because you are
responsible for all use of your account, including unauthorized use by any third-party,
please be very careful to guard the security and confidentiality of your password. You
will not have to reveal it to any SCK EVENTS representative. Please notify us using the
customer support form from our Help Center at SCKEVENTS.com if you suspect any
unauthorized use of your account.
SCK EVENTS may offer the account holder certain rights, including the right to access
information about and delete the account and all associated profiles. You may find
information on how to exercise these rights by logging in on the SCK EVENTS Site and
viewing your account details. Please note, you must first cancel your subscription before
you will be able to delete your account. Please see the section “Cancellation and
Refunds” above for instructions on how to cancel your subscription.
- COLLECTION AND USE OF
PERSONAL INFORMATION
For information about SCK EVENTS’s policies and practices regarding the collection
and use of your information, please read SCK EVENTS’s Privacy Policy available at
SCKEVENTS.com The Privacy Policy is incorporated by reference and made part of
these Terms. Thus, by agreeing to these Terms, you agree that your presence on the
SCK EVENTS Site and use of the Services through any other Access Point or
Compatible Device are governed by the SCK EVENTS Privacy Policy in effect at the
time of your use.
- USER REVIEWS, COMMENTS, AND
OTHER MATERIAL
7.1 Your Posts. As part of the Services, users may have an opportunity to publish,
transmit, submit, or otherwise post (collectively, “Post”) reviews, comments, or other
materials (collectively, “User Material”). In order to keep the Services enjoyable for all of
our users, you must adhere to the rules below, as well as additional rules applicable to
any SCK EVENTS-hosted site.
Please choose carefully the User Material that you Post. Please limit yourself to User
Material directly relevant to the Services. Moreover, you must not Post User Material
that: (i) contains Unsuitable Material (as defined above in Section 3); or (ii) improperly
claims the identity of another person. Please note that if you Post User Material on SCK
EVENTS using a third-party service, such as a social network or email provider, your
first and last name or other user ID may appear to the public each time you Post. We
advise that you do not, and you should also be careful if you decide to, Post additional
personal information, such as your email address, telephone number, or street address.
You must be, or have first obtained permission from, the rightful owner of any User
Material you Post. By submitting User Material, you represent and warrant that you own
the User Material or otherwise have the right to grant SCK EVENTS the license
provided below. You also represent and warrant that the Posting of your User Material
does not violate any right of any party, including privacy rights, publicity rights, and
intellectual property rights. In addition, you agree to pay for all royalties, fees, and other
payments owed to any party by reason of your Posting User Material. SCK EVENTS will
remove all User Material if we are properly notified that such User Material infringes on
another person’s rights. You acknowledge that SCK EVENTS does not guarantee any
confidentiality with respect to any User Material.
By Posting User Material, you are not forfeiting any ownership rights in such material to
SCK EVENTS. After Posting your User Material, you continue to retain all of the same
ownership rights you had prior to Posting. By Posting your User Material, you grant SCK
EVENTS a limited license to use, display, reproduce, distribute, modify, delete from, add
to, prepare derivative works of, publicly perform, and publish such User Material through
the Services and on other platforms and services worldwide, including on or through
any Access Point, in perpetuity, in any media formats and any media channels now
known or hereinafter created. The license you grant to SCK EVENTS is non-exclusive
(meaning you are not prohibited by us from licensing your User Material to anyone else
in addition to SCK EVENTS), fully-paid, royalty-free (meaning that SCK EVENTS is not
required to pay you for the use of your User Material), and sublicensable (so that SCK
EVENTS is able to use its affiliates, subcontractors, and other partners, such as internet
content delivery networks, to provide the Services). By Posting your User Material, you
also hereby grant each user of the Services a non-exclusive, limited license to access
your User Material, and to use, display, reproduce, distribute, and perform such User
Material as permitted through the functionality of the Services and under these Terms.
7.2 Third-Party Posts. Despite these restrictions, please be aware that some material
provided by users may be objectionable, unlawful, inaccurate, or inappropriate. SCK
EVENTS does not endorse any User Material, and User Material that is Posted does
not reflect the opinions or policies of SCK EVENTS. We reserve the right, but have no
obligation, to monitor User Material and to restrict or remove User Material that we
determine, in our sole discretion, is inappropriate or for any other business reason, as
permitted by law. In no event does SCK EVENTS assume any responsibility or liability
whatsoever for any User Material, and you agree to waive any legal or equitable rights
or remedies you may have against SCK EVENTS with respect to such User Material.
You can help us tremendously by notifying us of any inappropriate User Material you
find by emailing info@SCKEVENTS.com (subject line: “Inappropriate User Material”).
- LINKED DESTINATIONS AND
ADVERTISING
8.1 Third-Party Destinations. If we provide links or pointers to other websites or
destinations, you should not infer or assume that SCK EVENTS operates, controls, or is
otherwise connected with these other websites or destinations. When you click on a link
within the Services, we will not warn you that you have left the Services and are subject
to the terms and conditions (including privacy policies) of another website or destination.
These Terms do not govern your use of another website or destination.
SCK EVENTS is not responsible for the content or practices of any website or
destination other than the SCK EVENTS Site, even if it links to the SCK EVENTS Site
and even if the website or destination is operated by a company affiliated or otherwise
connected with SCK EVENTS. By using the Services, you acknowledge and agree that
SCK EVENTS is not responsible or liable to you for any content or other materials
hosted and served from any website or destination other than the SCK EVENTS Site.
8.2 Third-Party Advertisements and Services. SCK EVENTS takes no responsibility
for and does not endorse any third-party advertisements or any third-party material
Posted on any Access Point where the Services are available, nor do we take any
responsibility for the products or services provided by advertisers. Any dealings you
have with advertisers while using the Services, including through engaging with
interactive advertisements, are between you and the advertiser, and you agree that
SCK EVENTS is not liable for any loss or claim that you may have against an
advertiser. If you provide any confidential or personal information or engage in any
transaction through an advertisement, SCK EVENTS is not responsible for such
information or transaction and we encourage you to read the terms of use and privacy
policy of the advertiser or other party collecting such information or engaging in such
transaction.
- TRADEMARKS
SCK EVENTS, the SCK EVENTS logo, and other SCK EVENTS marks, graphics,
logos, scripts, and sounds are trademarks of SCK EVENTS. None of the SCK EVENTS
trademarks may be copied, downloaded, or otherwise exploited.
- UNSOLICITED SUBMISSIONS
It is SCK EVENTS’s policy not to accept unsolicited submissions, including scripts, story
lines, articles, fan fiction, characters, drawings, information, suggestions, ideas, or
concepts. SCK EVENTS’s policy is to delete any such submission without reading it.
Therefore, any similarity between an unsolicited submission and any elements in any
SCK EVENTS creative work, including a film, series, story, title, or concept, would be
purely coincidental.
- DISCLAIMER OF WARRANTIES,
LIMITATION OF LIABILITY AND
INDEMNITY
WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE
SERVICES, YOU AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK.
THE SERVICES, INCLUDING THE SCK EVENTS SITE, THE CONTENT, THE VIDEO
PLAYER, THE FEATURES, USER MATERIAL, AND ANY OTHER MATERIALS
CONTAINED ON OR PROVIDED THROUGH ANY ACCESS POINT OR COMPATIBLE
DEVICE, ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY
LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SCK EVENTS DOES NOT
MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE,
MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY
OR NONINFRINGEMENT; OR THAT THE SERVICES WILL BE UNINTERRUPTED,
FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR
FREE, OR RELIABLE.
IN NO EVENT SHALL SCK EVENTS OR ITS AFFILIATES, SUCCESSORS, AND
ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS
AND CONTENT PROGRAMMERS) (COLLECTIVELY, THE “SCK EVENTS PARTIES”),
BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS,
ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SERVICES
(INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN,
OBTAINED ON, OR PROVIDED THROUGH ANY ACCESS POINT OR COMPATIBLE
DEVICE), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER
THEORY, EVEN IF THE SCK EVENTS PARTIES HAVE BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS
ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
NOTHING IN THESE TERMS SHALL AFFECT ANY NON-WAIVABLE STATUTORY
RIGHTS THAT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO
YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE
AMOUNT PAID BY YOU TO SCK EVENTS FOR ACCESS TO YOUR SUBSCRIPTION
IN THE 6 MONTHS PRECEDING THE CLAIM OR $50, WHICHEVER IS GREATER.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE SCK EVENTS
PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES,
EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND
OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH
OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE SERVICES
(INCLUDING YOUR USE OF THE CONTENT). SCK EVENTS RESERVES THE
RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME
THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE
SUBJECT TO INDEMNIFICATION BY YOU.
- NOTICE AND PROCEDURE FOR
CLAIMS OF COPYRIGHT
INFRINGEMENT
If you believe that any Content, User Material, or other material provided through the
Services, including through a link, infringes your copyright, you should notify SCK
EVENTS of your infringement claim in accordance with the procedure set forth below.
We will process each notice of alleged infringement that SCK EVENTS receives and
take appropriate action in accordance with applicable intellectual property laws. A
notification of claimed copyright infringement should be emailed to SCK EVENTS’s
copyright agent at designated.agent@dig.twdc.com (subject line: “DMCA Takedown
Request”). You may also contact us by mail or phone at:
Attention: SCK Designated Agent
Social Content King Media Inc.
19046 Bruce B Downs Blvd. #1217
Tampa Fl. 33647
Phone: 888-725-4725
To be effective, the notification must be in writing and contain the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the
owner of an exclusive copyright interest; (ii) a description of the copyrighted work that
you claim has been infringed; (iii) a description of where the material that you claim is
infringing is located on the Services that is reasonably sufficient to enable SCK
EVENTS to identify and locate the material; (iv) how SCK EVENTS can contact you,
such as your address, telephone number, and email address; (v) 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; and (vi) a statement by you that the above information in
your notice is accurate and under penalty of perjury that you are authorized to act on
behalf of the copyright owner or the owner of an exclusive right in the material. Emails
sent to designated.agent@dig.twdc.com for purposes other than communication about
copyright infringement may not be answered.
SCK EVENTS has a policy of terminating repeat infringers in appropriate
circumstances.
- ARBITRATION OF CLAIMS
PLEASE READ THIS CAREFULLY. WE WANT YOU TO KNOW HOW IT AFFECTS
YOUR RIGHTS. If you have an issue with the Services, we encourage you to review our
frequently asked questions or contact our customer service team through our Help
Center at SCKEVENTS.com. In the event there is an issue that still requires attention,
we want to make the resolution process as quick and efficient as possible. We also want
to specify now what each of us should expect in order to avoid any confusion later. To
that end, you and SCK EVENTS agree to first discuss any issue informally for at least
60 days before commencing an arbitration proceeding. To do that, please send your full
name and contact information, your concern and your proposed solution by mail to us
at: SCK EVENTS, LLC, Attention: SCK Designated Agent, Social Content King Media
Inc. 19046 Bruce B Downs Blvd. #1217 Tampa Fl. 33647
. If we would like to discuss an issue with you, we will contact you using the email
address you provided when you registered for SCK EVENTS.
If we do not reach an agreed upon solution after our discussions for at least 60 days,
you and SCK EVENTS agree that any and all claims, except disputes relating to the
ownership or enforcement of intellectual property rights, that either of us may have,
whether based on past, present, or future events, arising out of or relating to: (i) these
Terms (including formation, performance, or breach of them, and including the scope
and enforceability of this arbitration provision); (ii) the Privacy Policy, which is
incorporated in these Terms; (iii) any aspect of our relationship with each other; and (iv)
use of the Services, must be resolved through binding arbitration. Please note that YOU
ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A
JUDGE OR JURY. As an exception to this arbitration agreement, SCK EVENTS is
happy to give you the right to pursue in small claims court any claim that is within that
court’s jurisdiction, whether or not you discussed with us informally first, as long as you
proceed only on an individual basis.
YOU AND SCK EVENTS AGREE TO ARBITRATE IN EACH OF OUR INDIVIDUAL
CAPACITIES ONLY, NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS, AND
EACH OF US EXPRESSLY WAIVES ANY RIGHT TO FILE A CLASS ACTION OR
SEEK RELIEF ON A CLASS BASIS. No arbitration or proceeding can be combined
with another without the prior written consent of you, SCK EVENTS, and any
other parties to the arbitration or proceedings.
For your convenience, arbitration may be conducted in-person, through the submission
of documents, by phone, or online. Proceedings that cannot be conducted through the
submission of documents, by phone, or online, will take place in Hillsborough County,
Florida. Rather than force everyone to visit us in Florida, if you can demonstrate that
arbitration in Florida would create an undue burden to you, you are free to initiate the
arbitration in your home state. It is important that you understand that the arbitrator’s
decision will be binding and final (except for a limited right of appeal under the U.S.
Federal Arbitration Act) and may be entered as a judgment in any court of competent
jurisdiction. Please note that nothing in this Section shall be construed as consent by
SCK EVENTS to the jurisdiction of any other court with regard to disputes not covered
by these Terms.
- LIMITATION ON TIME TO BRING A
CLAIM
To help resolve any issues between us promptly, you and SCK EVENTS agree to bring
any claim arising out of or relating to these Terms (including SCK EVENTS’s Privacy
Policy), our relationship, or the use of the Services within one year after a claim arises;
otherwise, the claim is waived. This limitation applies regardless of the venue in which
such claim is or could otherwise be asserted.
- GENERAL INFORMATION
15.1 International Use. We are a company based in the United States and offer our
Services to users in the United States. SCK EVENTS’s goal is to bring you as much
Content as is legally available. That said, we are limited by the rights that our content
programmers grant to us. Access to the Services from locations where SCK EVENTS
does not have rights, that are not permitted by the terms of your subscription, or where
SCK EVENTS does not make the Services available is prohibited.
15.2 Export Controls. Software and the transmission of applicable technical data, if
any, in connection with the Services are subject to export controls. You agree to comply
with all applicable laws regarding software and the transmission of technical data
exported from the United States or the country in which you reside.
15.3 Choice of Law and Forum. These Terms are governed by, and construed in
accordance with, the laws of the State of Florida without giving effect to principles of
conflicts of law. To the extent that the arbitration provision outlined in Section 13 is not
applicable (e.g., when confirming an arbitration award), you and SCK EVENTS agree to
submit to the exclusive jurisdiction of the courts located in the HillsboroughCounty of the
State of Florida.
15.4 No Waiver/Reliance. If you see other parties violating these Terms, let us know at
info@SCKEVENTS.com (subject line: “TOU Violation”). SCK EVENTS will determine if
and how to respond. SCK EVENTS’s decision to delay exercising or enforcing any right
or remedy under these Terms shall not constitute a waiver of such right or remedy with
respect to any party. Even if SCK EVENTS acts in a way that appears to you to be
inconsistent with these Terms, SCK EVENTS’s action shall not be deemed a waiver or
constructive amendment of these Terms.
15.5 Integration, Amendment, Severability, and Electronic Communications.
Please note that these Terms, including SCK EVENTS’s Privacy Policy which is
incorporated in these Terms and any end user license agreement that might accompany
the applicable Service, constitute the entire legal agreement between you and SCK
EVENTS and govern your use of the Services (including your use of the Content) (but
excludes any services, if any, that SCK EVENTS may provide to you under a separate
signed written agreement), and completely replaces any prior agreements between you
and SCK EVENTS in relation to the Services. In the unlikely event that a customer
service representative or material posted to our Help Center provides information that is
inconsistent with these Terms, please be aware that these Terms will control. These
Terms operate to the fullest extent permissible by law. If any provision of these Terms is
held to be unlawful, void, or unenforceable, you and we agree that the provision will be
deemed severable from these Terms and will not affect the validity and enforceability of
any remaining provisions.
From time to time, we may communicate with you about the Services and these Terms
electronically (e.g., emails to your registered email address, notices on the SCK
EVENTS Site and other Access Points). You consent to receive electronic
communications from SCK EVENTS and further agree that any notices, agreements,
disclosures, and other communications that we send to you electronically will satisfy any
applicable legal notification requirements. We recommend that you keep a copy of any
electronic communications we send to you for your records.
15.6 Survival. The provisions of these Terms which by their nature should survive
cancellation or deletion of your Account shall survive such cancellation or deletion.
Thank you for taking the time to read these Terms. By understanding and agreeing to
follow these Terms, the experience will be better for all users. It is our goal to provide
you with a first class user experience, so if you have any questions or comments about
these Terms, please contact us at: info@SCKEVENTS.com. Enjoy the Services!