Welcome to the Skipperato website (the "Site"). Use of this Site, and all services and products we provide on the Site are subject to the notices, terms, and conditions set forth in this agreement (the "Agreement"). We reserve the right to change this Site and these terms and conditions at any time. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING. Your continued use of the Site after such notice will be deemed acceptance of such changes. You can determine when these Terms Of Use were last revised by referring to the Updates To Terms Of Use section at the bottom of this Terms Of Use. If you do not agree to abide by these terms, please do not use the Site

This Site is owned and operated by Skipperato, Inc. We are a company incorporated in Delaware and our principal place of business is located at Atherton, California.

You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for personal entertainment use and not for any commercial use, security use or use on behalf of any third party, except as explicitly permitted in writing by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted in writing by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.

You shall only use the Site only for lawful purposes. You shall not upload to, distribute, or otherwise publish through this Site any information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively, “Content”) that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, privacy rights or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.

We reserve the right to prohibit conduct, communication, or Content that we deem in our sole discretion to be unlawful or harmful to you, the Site, Site users, our customers or any of our rights or any third party. Notwithstanding the foregoing, we cannot ensure prompt removal of questionable Content and we assume no liability for any action or inaction with respect to conduct, communication, or Content on the Site.

Content provided on this site is solely for informational purposes. Submissions or opinions expressed on this Site are that of the individual expressing such Submission or opinion and may not reflect our opinions. Product representations expressed on this Site are that of the vendor and are not made by us.

In order to use our services, you will need to register with us. You will be asked to provide a member registration name consisting of a valid internet e-mail address and a secure password. Each time you sign in to the Site, you will be deemed to have authorized access and use of your account. We have no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.

Members will be billed every month in advance based on the service level selected. Click Here to view available service levels and pricing. Your monthly billing cycle will be based on the date you sign up for your first paid service. If you change your service level selection during a month, any increase in fees will be prorated by the number of days left in your monthly billing cycle. No refunds will be given if the Service is reduced, cancelled, revoked or terminated prior to month end. Billing shall occur automatically based on the credit card information that the member provides in the member’s personal account. If the member’s credit card information is invalid, we will send an e-mail notice to the member requesting that valid credit card information be supplied. If valid credit card information is not provided within 5 business days, the member’s account will be suspended, meaning that the member will not have access to view Images in the member’s account, the member’s other rights to use the Site shall be suspended and no new Images will be captured until the member’s account is fully paid. If valid credit card information is not provided within 15 days of our notice requesting valid credit card information, we may delete such member’s Images from our system.

If you purchase archival services, you will be billed in $5.00 intervals. Your account balance will be adjusted until your credit balance is $0.25, at which time you will automatically be billed an additional $5.00. Of course, if you notify us that you no longer want to use our archival services, we will stop charging your credit card. If the cost of archiving your Images exceeds $5.00 per month, we will charge an amount equal to the archival service fee. No refunds for unused archival fees will be given.

You will be notified at least one billing cycle in advance of any increase to our fees. If you do not agree to the increase in fees, your account will be suspended and your Images will be deleted once your archival service credit balance, if any, reaches $0.00.

Credit card information can be updated or changed by signing in, clicking on the “My account” link on the home page of the Site and then making whatever changes need to be made.

Depending on a member’s agreement with his or her internet service provider, some internet service providers may charge for bandwidth used. We assume no responsibility for any such charges.

Members are billed monthly in advance for Service. Your monthly billing date will be the date you first sign up for paid Service. There are no refunds if Service is terminated, suspended or cancelled for any reason prior to the end of any given month. There are no refunds if the Site is down or if for any reason your Images were not stored or were deleted, though in the event the Site is unavailable for the majority of your monthly billing cycle, an adjustment to your account will be made. Any change to the service level selected or cancellation of Service may take up to 48 hours to process. You will be notified at least one billing cycle in advance of any increase to our fees. If you do not agree to the increase in fees, your account will be suspended and your Images will be deleted once your archival service credit balance, if any, reaches $0.00.

The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier.

Cameras purchased from Skipperato may be returned within 30 days of purchase. Returned products must be in brand new, mint condition. Items must be in the original, undamaged manufacturer's packaging with all packaging materials, including instruction booklets, packing inserts, plastic bags, and the blank warranty cards. The manufacturer's labeled packaging must be enclosed within a new shipping carton. Software must be unopened and in the original sealed packaging. Please note that the warranty card must not be filled out.

Returns may be initiated by sending e-mail to returns@skipeprato.com and must be received by Skipperato within 14 calendar days after notifying Skipperato of intent to return.

Shipping and handling fees, if any, are not refundable.

You acknowledge that the Site contains Content that is protected by copyrights, trademarks, trade secrets, rights in databases and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright and/or database right in the selection, coordination, arrangement, presentment and enhancement of such Content, provided however, that we claim no copyright on or other ownership right in our member’s Images. Except for your Images, which you may edit, modify, delete, distribute or otherwise do with what you want, you may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), your legal rights in relation to “fair dealing” under European copyright law, or your legal rights under any other similar copyright law, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.

Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or any information displayed on the Site, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site. The use of any of our trademarks, service marks or other intellectual property without our express written permission is strictly prohibited.

Please review our Privacy Policy, which also governs your visit to this Site, to understand our practices. Our Privacy Policy is available at www.skipperato.com.

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

This Site may be accessed from countries other than the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.

We want to make your experience on Skipperato fun and enriching. We have created the SkipForum as a place for our members to share Images, commentary, ideas and just about anything else they want to contribute. In order to make it a safe and enjoyable experience for all, there are some rules (of course!) that govern all Submissions. By submitting any content to our SkipForum, you agree to the following:

1. Anything that you submit or post to the SkipForum (collectively referred to as “Submissions”) is and will be treated as nonconfidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, reproduce, copy, distribute, display, publish, modify, enhance, perform, sell, lease, license, sublicense, transmit, adapt, create derivative works from such Submissions, in whole or in part, by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. We may incorporate such Submissions in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Submissions.

2. You have all rights necessary to submit or post the Submissions, and that your Submissions will not infringe upon or violate the rights of any third party. You may not upload, embed, post, e-mail, transmit or otherwise make available any Submissions that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Any copyrighted or other proprietary Submissions distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission.

3. You shall not use the SkipForum for any unlawful purpose.

4. Submissions shall not (i) be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable, (ii) contain material that encourages conduct that would constitute a criminal offense or give rise to civil liability. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions.

5. You may not submit or post any Submissions that: (i) involve the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; (ii) contain restricted or password only access pages or hidden page or images (those not linked to or from another accessible page); (iii) solicit passwords or personal identifying information for any purpose from other members; (iv) harass any person or entity; (v) include a photograph or video of another person that you have posted without that person's consent; (vi) involve the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; (vii) interfere with, disrupt, or create an undue burden on our Site; or (viii) involve commercial activities, sales of goods or services or sweepstakes.

6. We assume no responsibility for editing or monitoring Submissions to the SkipForum. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.

If you believe that any Submissions violate our rules, please notify us at legaldepartment@skipperato.com.

The Site is provided on an "AS IS," "as available" basis. We do not warrant that use of the Site will be uninterrupted or error-free. No refunds will be provided for any period of time for which our Service is interrupted, if our Service fails to capture your Images, or if your Images are deleted or are otherwise unavailable. You agree that we shall not be liable to you or to any third party for any elimination or discontinuation of any Content on or feature of the Service, including deletion of your Images; or any change in any fees or charges for use of the Service. We do not warrant the accuracy, integrity, or completeness of the Content provided on the Site or the products or Services offered for sale on the Site. All products and Services offered on the Site are “AS IS” and we specifically disclaim warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose. No oral advice or written information given by us shall create a warranty. You expressly agree that your access to, viewing of, browsing, visiting or use of the Site is at your sole risk.

Under no circumstances shall we be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to our records, programs or services. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equity, even if our authorized representative has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all Content, products and Services available through the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law. To the maximum extent permitted by applicable law, our total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount of fees actually paid by you to us during the three month’s immediately preceding the act allegedly giving rise to our liability.

You agree to indemnify, defend and hold us, our affiliates, distributors, partners, licensors, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from (i) your breach of these Terms Of Use, (ii) your use of the Service, and/or (iii) your Images.

This Site may contain links to other websites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such website. You agree to assume all risks when navigating to and using such other websites.

We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please send us the following:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the site;
• Your address, telephone number, and e-mail address;
• 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;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

This information should be sent to Skipperato’s copyright agent for notice of claims of copyright infringement as follows:

Skipperato
Attn.: Copyright Agent
555 Bryant Street #423
Palo Alto, CA 94301

or

legaldepartment@skipperato.com

You agree that our remedy at law for any actual or threatened breach of this Agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees. None of our rights or remedies shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses. No instance of waiver by us of our rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.

This site is created and controlled by Skipperato, Inc. in the State of California, USA. As such, the laws of the State of California will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.

Any dispute relating in any way to your visit to the Site or to the products or Services you purchase through the Site shall be submitted to confidential arbitration in San Mateo, California, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California. Arbitration under these Terms of Use shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned.

If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.

We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.

If we change or update our Terms Of Use, we will post changes and updates on the Site so that you will always be aware of our then current Terms Of Use. Changes may be retroactive. We encourage you to review our Terms Of Use from time to time so you will know if they have been changed or updated. If you have any questions about our Terms Of Use, please contact us at legaldepartment@skipperato.com. These Terms Of Use were last updated on June 6, 2011.