Skysa Bar Terms of Service Agreement

This Terms of Service Agreement ("Agreement") is a legally binding agreement between "You" the "Client" of the Skysa bar and Skysa a division of Spruz Inc. ("The Corporation"). Spruz Inc. is a Tennessee Corporation based in Seymour, TN with hosting facilities located in Dallas, TX and Atlanta, GA. By using the Skysa Services, you agree to be bound by this Agreement, You are only authorized to use the Skysa Services if you agree to abide by all applicable laws both federal and of the State of Tennessee and to this Agreement. If you do not agree with it, you should leave the Skysa Website and discontinue use of the Skysa Services immediately. If you register for full use of this site, you must read this Agreement and indicate your acceptance during the Registration process. This agreement is in addition to the Skysa Terms of Use Agreement that governs the use and behavior on Skysa.com

Skysa may modify this Agreement from time to time and any change in this agreement shall be effective upon posting on the Skysa Website without prior notice. You agree to be bound to any changes to this Agreement when you use the Skysa Services after any modification is posted. You are required to check this agreement regularly to ensure you are updated as to any changes.

1. Eligibility. Use of the Skysa Services is void where prohibited. By using the Skysa Services, you represent and warrant that;
   1. All registration information you submit is truthful and accurate.
   2. You will maintain the accuracy of such information.
   3. You are 13 years of age or older; born on or before 12/15/1996.
   4. Your use of the Skysa Services does not violate any applicable federal or state law and/or regulation.
   5. Your Service may be deleted and your membership may be terminated without warning, if we believe that you are under 13 years of age.
2. Bar Usage. Skysa offers 3 Levels Standard Service for the Skysa Bar;
   1. Free. Grants you the use of the Skysa bar service your website without fee, provided you grant us permission to display and promote advertisements within the spaces originating from our services. 
   2. White label. Grants you the use of the Skysa bar with your website with fee. This pays for the removal of our logos, branding and advertisements. There may be other features detailed during the upgrade process that would also be included.. 
   3. Enterprise. Is in place for Clients that want to Skysa Technology but plan to exceed 250k page views (Bar Loads) per month. Websites that exceed this must upgrade to our enterprise service offerings, in order to continue use of the Skysa Bar.
3. Term. This Agreement shall remain in full force and effect while the client use the Skysa bar. Skysa may terminate your service, membership or site access at any time, without warning. Termination does not void this agreement.
4. Fees. Skysa provides optional pay upgrades, enhancements, and Apps that may carry additional fees. All fees must be accepted by the client before billed, service fees are due before service is rendered. Any fee that refers to a term payment (Monthly, Yearly, Etc) are reoccurring until you notify us of your intent to cancel. There are no refunds on any fees paid, any payment disputes must be email to billing@skysa.com  within 60 days of the transaction.
5. Account Access. When you create your account, you are asked to choose a password. Your password is for only you to know. You agree not to use the account, username, or password of another registered member at any time. You agree to notify Skysa immediately if you suspect any unauthorized use of your account. You are solely responsible for all use of your account.
6. Termination.
   1. Skysa may delete any Content or Apps without notice to you that in the sole judgment of Skysa violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Skysa Inc. assumes no responsibility for monitoring the Skysa Services for inappropriate Content or conduct.
   2. You are solely responsible for the Content that you post to or on any of the Skysa Services. Skysa does not endorse and has no control over the Content. Content is not necessarily reviewed by Skysa prior to posting and does not necessarily reflect the opinions or policies of Skysa. Skysa makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
7. Copyright Policy. The Skysa Service is a Tool that the Clients uses in conjunction with the client website. It is the responsibility of the client to monitor copyright complaints through his/her own website.
8. Privacy. Use of the Skysa Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
9. Email Notices. By installing Skysa on your website the Client Automatically has opted in for email notices, newsletters and other announcements. These emails may contain updates, information, promotions, etc. that directly pertain to your created website. If you want to opt-out of our email notices you can deactivate your Skysa bar by going to your Settings Page and clicking on deactivate account.
10. Disclaimers. Skysa is not responsible for any incorrect or inaccurate Content posted on the Skysa Website or in connection with the Skysa Services, whether caused by Users of the Skysa Services or by any of the equipment or programming associated with or utilized in the Skysa Services. Profiles created and posted by Members on the Skysa Website may contain links to other websites. Skysa is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Skysa. Inclusion of any linked website on the Skysa Services does not imply approval or endorsement of the linked website by Skysa. When you access these third-party sites, you do so at your own risk. Skysa takes no responsibility for third party advertisements which are posted on this Skysa Website or through the Skysa Services, nor does it take any responsibility for the goods or services provided by its advertisers. Skysa is not responsible for the conduct, whether online or offline, of any User of the Skysa Services. Skysa assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Skysa is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Skysa Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Skysa Services. Under no circumstances shall Skysa be responsible for any loss or damage, including personal injury or death, resulting from use of the Skysa Services, attendance at a Skysa event, from any Content posted on or through the Skysa Services, or from the conduct of any Users of the Skysa Services, whether online or offline. The Skysa Services are provided "AS-IS" and as available and Skysa expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Skysa cannot guarantee and does not promise any specific results from use of the Skysa Services.
11. Disputes. If there is any dispute about or involving the Skysa Services, you agree that the dispute shall be governed by the laws of the State of Tennessee, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Tennessee, City of Knoxville.
12. Limitation on Liability. IN NO EVENT SHALL SKYSA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF SKYSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SKYSA'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SKYSA FOR THE SKYSA SERVICES DURING THE TERM OF MEMBERSHIP.
13. Indemnity. You agree to indemnify and hold Skysa Inc, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Skysa Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Skysa Website or through the Skysa Services causes Skysa to be liable to another.
14. Other. This Agreement is accepted upon your use of the Skysa Website or any of the Skysa Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Skysa regarding the use of the Skysa Services. The failure of Skysa to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Skysa is a trademark of Skysa, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact us at: Contact Skysa with any questions regarding this Agreement.

BY COMPLETING YOUR WEBSITE REGISTRATION YOU ACCEPT AND AGREE TO ALL TERMS AND CONDITIONS HEREIN.