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TERMS OF USE


Last updated: May 1, 2018

TERMS OF USE AGREEMENT:

Introduction

Thank you for visiting Skye Link. Please read through our terms of use and privacy policy agreements, as you must agree to both before having permission to use our site.

Parties

This Terms of Use Agreement (these “TOU” or this “Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Skye Link, Inc. and its affiliated companies (collectively, “Skye Link” or “we” or “us” or “our”), concerning your access to and use of the skyelink.org website as well as any other media form, media channel, mobile website, or mobile application related or connected thereto (collectively, the “Website”). Supplemental terms and conditions or documents that may be posted on the Website from time to time are hereby expressly incorporated into this Agreement by reference. 

Skye Link Purpose

Skye Link is an online marketplace that connects unmanned aerial system (also known as “UAS”) professionals such as pilots, engineers, analysts, and educators (collectively, “Professionals”) with clients looking to purchase UAS-related goods and/or services (“Clients” and, together with Professionals, “Users”).

We offer Professionals the ability to create geo-located profile listings for themselves and/or their businesses on the Website and to include in such profiles relevant information about themselves, such as skills, experience, and other documents showcasing their abilities (each a “Profile” and collectively, “Profiles”).

We also offer Clients the ability to post requests for UAS-related services to the Website (each a “Job Posting” and collectively, “Job Postings”).Through the Website, Professionals will have the ability to review Job Postings and to submit responsive proposals soliciting the work described in the respective Job Posting (each a “Proposal” and collectively, “Proposals”). 

Once a Client accepts a Proposal, the Professional and the Client via the Website will seek to form an agreement whereby the Professional will provide the services described in the respective Job Posting. Skye Link is not a party to any such Agreement or any other agreements between or among Users.

If you are a Professional, you agree to accurately represent your skills, experience, and services offered on the Website. You also agree to only submit Proposals and, if applicable, enter into agreement with Clients for services for which you have or obtain all required certifications, licenses, and approvals necessary to complete such services lawfully.

You acknowledge that Profiles, Job Postings, and Proposals are created and provided by third parties over whom we exercise no control; we are acting only as a UAS marketplace service and we have no opinion and make no recommendation regarding Clients or Professionals.Professionals may pay certain fees to Skye Link in order to be highlighted on the Website, but such highlighting does not mean that Skye Link has examined such Professional.We do not have any obligation to screen any Job Posting, Proposal, or Profile, or to include any Job Posting in our listings, and we may exclude or remove any Job Posting from the Website for any or no reason at any time. We cannot confirm the accuracy or completeness of any Job Posting, Proposal, Profile, or any other information submitted by User to any other User, including the identity of such User, and we disclaim all liability for the content, accuracy, completeness, legality, reliability, or availability of any Job Posting or Proposal, including without limitation any safety, compensation, working conditions, or any other aspect of any relationship between Users. All engagement, scheduling, and compensation set forth or otherwise related to any Job Posting are handled directly between the Client and the Professional and we make no recommendation regarding the accuracy or legality of the posting, job arrangement, or of information submitted by any Client. Users are encouraged to perform due diligence in establishing a relationship with any other User by investigating references, qualifications, and credentials, including seeking legal services if needed. We do not endorse any User, Job Posting, Proposal, or Profile, and we do not review materials, websites, or information posted at websites linked to the Website, and specifically disclaim any responsibility for the contents of the same. You shall indemnify, defend, and hold harmless us, our agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any Job Posting posted by you, or any message sent by you via the Website. 

If a Client is unhappy with the work performed by a Professional, Client’s sole remedy is to (a) pursue any remedies specified in any contract between Client and such Professional or (b) provide feedback regarding such Professional’s work on the Website as set forth herein. You acknowledge and agree that Skye Link has no liability associated with any work performed by any Professional for any Client, regardless of whether Client submitted a Job Posting or responded to a Proposal on the Website or whether Skye Link received Skye Link’s portion of the service fees specified below, and you hereby waive any liability of Skye Link in connection therewith. 

Access to Website

You do not have to register to visit the Website, but to use the services offered on the Website you must first register and create an account (an “Account”).You will be asked to provide certain basic information in registering and creating your Account, and all information provided by you in your registration must be true, accurate, current, and complete. You are responsible for maintaining the security of your Account, and you are fully responsible for all activities that occur under your Account and any other actions taken in connection with your Account.You must immediately notify Skye Link of any unauthorized uses of your Account.

By creating an Account, you consent to the use of (i) electronic means to complete this Agreement and to provide you with any notices given pursuant to this Agreement and (ii) electronic records to store information related to this Agreement or your use of the Website.

Only adults, who are at least eighteen (18) years of age, are eligible to register and use any portion or component of the Website. If you are a person who agrees to this Agreement on behalf of a company or other legal entity, the terms “Professional,” “User,” “Client,” “you,” and “your”, as applicable, refer both to you personally and the entity on whose behalf you agree. Furthermore, you personally represent and warrant that you have the authority to bind that entity to this Agreement.

Skye Link maintains the right to suspend or terminate a User’s Account or access to the Website for any or no reason. If suspended or terminated, you may not continue to use the Website under a new or different Account.

Use of Website

Skye Link grants you a limited, revocable, nonexclusive, nontransferable license to view, store, bookmark, download, and print the pages within the Website solely for your personal, informational, and noncommercial (except in your capacity as a User transacting business with other Users within the purpose of the Website) use.

You may use the Website only for purposes permitted by this Agreement and you agree not to use the Website for any purpose prohibited by applicable law or regulation. You may not use the Website if you are a competitor of Skye Link. Skye Link reserves the right to modify or impose any limitations on the use of the Website at any time, with or without notice to you. In using the Website, you shall not do any of the following acts:

  1. copy, modify, or distribute the Website for any purpose;
  2. post or submit to the Website any information in which you impersonate or falsely claim to be any third party, or in which you misrepresent your affiliation with another person or entity;
  3. transfer, sublicense, lease, lend, rent, or otherwise distribute any aspect or element of the Website to anyone else;
  4. reverse-engineer, decompile, or create derivative works of any aspect or element of the Website;
  5. disclose or share your password with any third party or allowing such third-party access to the Website;
  6. take any action that disrupts, tampers with, interferes, or imposes an unreasonable burden on the Website’s infrastructure, servers, data, or network or those of any third party via the Website;
  7. upload any content that contains software viruses, or any computer code, files, or programs designed to interrupt, destroy, or limit functionality of the Website, or of any computer software, hardware, or telecommunications equipment;
  8. abuse any element of the Website in any way; or
  9. use the Website in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these TOU.

Ownership

The Website is protected by copyright, trademark, and other laws of the United States and foreign countries. Skye Link and its licensors exclusively own all right, title, and interest in and to the Website, including all associated intellectual property rights. You may not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights or notices incorporated into or accompanying the Website. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit any element of the Website, except as expressly permitted in these TOU. Any feedback, comments, and suggestions you may provide for improvements to the Website (“Feedback”) will be the sole and exclusive property of Skye Link and you hereby irrevocably assign to Skye Link all your right, title, and interest in and to all Feedback.

Content

Certain portions of the Website may allow you to post or upload text, graphics, images, and other content to your Profile or otherwise for publication or other use on the Website (“Content”). As between you and Skye Link, you own the Content you provide, create, store, and process through the Website. Except for material we may license to you, Skye Link does not claim ownership of the Content; provided, however, by using the Website you grant Skye Link a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) license to exercise any and all copyright, trademark, other intellectual property, publicity, and database rights that you have in the Content, in any media known now or in the future.

You agree to allow Skye Link to use the Content in advertising and marketing and to store or re-format the Content on the Website and display the Content in any way Skye Link chooses in its sole discretion.

You agree not to:

  1. submit Content that violates anyone else’s proprietary rights, including privacy and publicity rights, or can be considered spam or junk mail;
  2. knowingly publish false or inaccurate information;
  3. submit Content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or
  4. post advertisements, “pyramid schemes,” chain letters, or other solicitations.

Skye Link does not endorse any Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any Content, even if such Content is defamatory or otherwise legally actionable. We reserve the right to decide whether Content is appropriate and complies with these TOU, and may remove such Content and/or terminate your access for uploading Content in violation of these TOU at any time without prior notice. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting, publishing, or otherwise making available Content or other materials on the Website that are believed to violate these TOU or otherwise violate applicable law. We also reserve the right to reclaim Profiles or Accounts on behalf of Users that own a legal claim or trademark on the User’s name.

Communication With Users

All written communications relating to Job Postings, Proposals, Profiles, Jobs, or potential transactions between you and any other User must be conducted through the Website and may not contain any requests to circumvent the Website.Payment for all engagements related to Job Postings shall be arranged via use of an Approved Payment Mechanism (as defined below).

You shall immediately notify Skye Link if another User communicates in writing with you other than through the Website. 

When engaged in communications concerning Job Postings, Proposals, Profiles, Jobs, or potential transactions with other Users, all Professionals shall regularly review and respond promptly to communications from such Users.

Skye Link Service Fee

Users will pay Skye Link a transaction-based convenience fee for Skye Link’s technology and services provided through the Website and otherwise (the “Service Fee”). For each engagement that is generated from a Job Posting (each a “Job”), the Service Fee shall be equal to eight percent (8%) of the total fees that the Professional bills to the Client for such Job, excluding taxes. The Skye Link Service Fee is due immediately upon each Client payment to Professional for each billing cycle in which the Professional bills the Client.

Professional is solely responsible for paying all Service Fees and for collecting, reporting, and paying any applicable taxes in a timely manner. Skye Link shall have the right to collect the Service Fee directly from the funds provided by the paying Client through an Approved Payment Mechanism (defined below).

User authorizes Skye Link to run credit card or other payment method authorizations on any credit cards, bank accounts, or other payment methods provided by Professional; to store credit card, bank account, or other payment method details as Professional’s method of payment for the Service Fee; and to charge Professional’s credit card, bank account, or other payment method as payment for the Service Fee. All Service Fees are final and nonrefundable.

Payments

If you are a Professional, you agree that for each Job you perform, all payments are to be made and accepted only through a payment mechanism provided or approved by Skye Link (an “Approved Payment Mechanism”). Skye Link agrees to accept payments through any Approved Payment Mechanism, without discriminating among Approved Payment Mechanisms, and shall not accept payments from Users through any means other than an Approved Payment Mechanism. You shall immediately notify Skye Link if another User requests you accept a payment by any method other than an Approved Payment Mechanism.

Each Professional shall, at such Professional’s own expense, take all steps necessary to enable such Professional to accept payments through all Approved Payment Mechanisms, including but not limited to, as applicable, acquiring necessary computer equipment and software, establishing an account with a third-party payment processor, and providing credit card and bank account information.

To the extent an Approved Payment Mechanism involves the use of a Skye Link-approved third-party payment processor (“Payment Processor”), Skye Link may make available, for the convenience of Users, the ability to communicate with and make payments using the Payment Processor through the Website. You understand and agree to the following with respect to any Approved Payment Mechanism, whether or not it involves a Payment Processor, and whether or not Skye Link provides a User with the ability to access or use a Payment Processor’s services through the Website: (a) Skye Link does not oversee or control the receipt or transfer of payments; (b) Skye Link shall have no responsibility or liability for any losses or damages relating to or arising out of the receipt or transmission of payments, including but not limited to losses or damages from misdirected or lost payments, breaches of security, chargebacks, fraud, theft of funds, violations of banking, money-laundering, privacy, or any other laws relating to or arising out of the use of an Approved Payment Mechanism; (c) you, if a Professional, shall comply with all terms and conditions imposed by any Payment Processor; (d) you, if a Professional, shall be responsible for and shall pay any fees charged to you by a Payment Processor, credit card network, bank, or other financial institution, or otherwise imposed on you as a result of payments made or received through an Approved Payment Mechanism; and (e) you, if a Professional, consent to Skye Link or the Payment Processor deducting from any payment received for you, and paying to Skye Link, amounts that are due from you to Skye Link, or delaying the transfer of funds when amounts are due from Skye Link, whether such amounts are the result of the Job for which the payment is received or otherwise. Nothing herein is intended to limit any rights you may have against a Payment Processor.

Each User authorizes Skye Link to run credit card authorizations on any credit cards provided by any Professional. You, if a Professional, may terminate your Skye Link membership and disable your Account at any time, provided, however, that you shall remain bound by the terms of this Agreement even if you disable your Account.

Reviews and Feedback

Skye Link provides its review management system as a service to Professionals and other Users, in which Users can publicize their opinions and/or experiences of Professionals that perform Jobs. Feedback results for Professionals may consist of comments and ratings left by other Users that are perceived as both positive and negative. By using the Website, you acknowledge and agree that Skye Link shall not be responsible or liable, and you will hold Skye Link harmless, for any User’s comments, ratings, or feedback, even if that information is defamatory or otherwise legally actionable.

You understand and agree that you may be held legally responsible to other Users, Skye Link, or third parties as a result of comments or feedback that you submit to the Website. Any effort to falsify feedback, manipulate, or coerce another User by threatening negative feedback or offering to sell or buy goods or services in exchange for feedback is in violation of this Agreement, and may expose you to liability.

Skye Link maintains the right at all times, in its sole discretion, to delete comments, ratings, or feedback, although shall have no obligation to do so.

Skye Link shall at all times have the right, in its sole discretion, to determine how search algorithms through the Website will function. This includes but is not limited to determining the manner in which Professionals and their Content rank in search results throughout the site.

Disclaimers

Your use of the Website is at your sole discretion and risk. We will not be responsible for any harm to your computer or mobile device, loss of data, personal injury, property damage, or other harm that results from your use of the Website. We do not make any warranties (i) regarding the security, accuracy, reliability, timeliness, and performance of the Website, or (ii) that the Website will be error-free or that any errors will be corrected. Skye Link will not be liable, and you are solely responsible, for any access or usage charges charged by your wireless carrier related to any device that you use to access or use the Website.

We are not responsible for:

  1. incorrect or inaccurate transcription of information;
  2. problems related to any of the equipment or software associated with the Website or used by you;
  3. human error outside our reasonable control;
  4. any interruption, deletion, omission, degradation, defect, or line failure of any telephone network or electronic transmission; or
  5. problems relating to inability to access the Website.

We disclaim all liability for any technical failures or errors of, on, or connected to the Website. We will use reasonable efforts to correct any such failures swiftly upon discovering them or being informed about them.

The Website, and all materials, information, products and services included therein, are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind.

YOU AGREE THAT USE THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. SKYE LINK MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WITH REGARD TO SKYE LINK SERVICES, RESOURCES, THE WEBSITE, ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT OR BUSINESS CONDUCTED OR PURCHASES MADE WITH THE ASSISTANCE OF SKYE LINK, ALL OF WHICH ARE PROVIDED “AS IS” OR “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, SKYE LINK DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, YOU AGREE THAT NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM SKYE LINK SHALL CREATE ANY WARRANTY OF ANY KIND NOT EXPRESSLY MADE HEREIN.

SKYE LINK MAKES NO REPRESENTATIONS NOR WARRANTIES OF ANY KIND CONCERNING OTHER USERS OR THEIR WORK, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS OR WARRANTIES CONCERNING THE SAFETY OF PROJECTS OR USERS’ CAPABILITIES, HONESTY, RELIABILITY, TRUSTWORTHINESS, OR ABILITIES TO PAY.

No advice or information, whether oral or written, obtained by you from Skye Link will create any warranty not expressly stated in this Agreement.

LIMITATION OF LIABILITY

IN NO EVENT WILL SKYE LINK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT SKYE LINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SKYE LINK’S CUMULATIVE LIABILITY TO YOU, FOR ALL CLAIMS REGARDLESS OF TYPE, EXCEED TWENTY UNITED STATES DOLLARS ($20.00).

Severability

If any term or other provision of these TOU is found to be invalid, illegal, incapable, or otherwise unenforceable, all other terms and provisions of this Agreement shall remain in full force. If two or more provisions of these TOU are deemed to conflict with each other, Skye Link shall have the sole right to elect which provision will remain in force.

Indemnity

You agree to defend, indemnify, and hold Skye Link, its subsidiaries and affiliates, and their respective officers, agents, partners, and employees, harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your Content, use of the Website, and/or arising from a breach of these TOU and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, Skye Link reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Skye Link, and you agree to cooperate, at your expense, with Skye Link’s defense of such claims. 

Links

The Website contains links to and from other websites (“Linked Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from other parties. Such Linked Sites are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Linked Sites accessed through the Website or any Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Linked Sites. Inclusion of, linking to or permitting the use or installation of any Linked Site does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Linked Sites or to use or install any third-party content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website. Any purchases you make through Linked Sites will be through other websites and from other companies, and Skye Link takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

Copyright Infringement

It is Skye Link’s policy to terminate your access to the Website if you infringe the copyright rights of others, upon receipt of proper notification to Skye Link by the copyright owner or the copyright owner’s legal agent.

Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  1. a description of the copyrighted work that you claim has been infringed;
  2. a description of where the material that you claim is infringing is located on the Website;
  3. your address, telephone number, and email address;
  4. a written 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;
  5. 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.

You may contact our Copyright Agent at contact@skyelink.org

Amendments/ Modifications

Skye Link reserves the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this Agreement on a regular basis to keep yourself apprised of any changes.

Governing Law; Exclusive Venue

These TOU shall be governed by and construed in accordance with the laws of the state of North Carolina, without regard to conflicts of law principles. Any legal suit, action, or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby must be instituted in the federal courts of the United States of America or the courts of the state of North Carolina in each case located in the city of Charlotte and county of Mecklenburg, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. Each party hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to this Agreement.The parties irrevocably and unconditionally waive any objection to venue of any suit, action, or proceeding in such courts and irrevocably waive and agree not to plead or claim in any such court that any such suit, action, or proceeding brought in any such court has been brought in an inconvenient forum.

General

If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

These TOU are the entire agreement between you and Skye Link concerning the Website, and supersede all prior or contemporaneous communications between you and Skye Link with respect to the Website. If any provision of these TOU is deemed invalid by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. No waiver of any term of these TOU shall be deemed a further or continuing waiver of such term or any other term, and Skye Link’s failure to assert any right or provision under these TOU shall not constitute a waiver of such right or provision.

We reserve the right, in our sole discretion, to modify, discontinue, or terminate any or all the Website at any time, or modify these TOU without notice. All modified terms and conditions will be immediately effective as of the date the modified TOU are posted on the Website and will apply to all Accounts and Users. If any modified TOU are not acceptable to you, your sole remedy is to cease using the Website, and if applicable, terminate or cancel your Account. By continuing to access or use the Website after we have posted the new TOU on the site, you agree to be bound by such changes.

If you have any questions about these TOU, please contact us at contact@skyelink.org.