SkyReels Terms of Service
Release Date of this Terms of Service: December 12, 2024
Effective Date of this Terms of Service: December 12, 2024
Welcome to use SkyReels ("we," "us" or "our","SkyReels") and become a part of our creative community!
Thank you for accessing or using our website, or other forms of services that may be developed in the future (the "Platform") owned or controlled by SkyReels, and the products, services and features we make available to you as part of the Platform (together, the "Service"). You and all other users of the Service will be referred to herein collectively as "Users."
By accessing or using our Services, you confirm that you can form a binding contract with us, that you accept these Terms and that you agree to comply with them. Your registering, accessing or using the Service is subject to this Terms of Service, the Privacy Policy and other applicable terms we may publish and update in connection with your use of the Service from time to time (together, the "Agreement"). If you do not agree to the Agreement (including any revisions and updates thereof), please immediately stop using this Service.
To have a copy of this Agreement or if you have any questions about this Agreement, you may also contact SkyReels via the information in Section 15.
Catalogue
2. Intellectual Property Rights
4. Restrictions on Use of the Service
7. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements
8. Subscription and SkyReels Credit
9. Limitation of Liability and Disclaimer of Warranties
13. Consent to Electronic Communications
(a) Log-In Credentials. In order to enjoy the full benefits of the Service, including serving as a Creator, you must register an account with us (an "Account"). At registration, you shall follow our guide to enter your email or mobile phone number, to set up the account password and enter the verification code for completing the registration. After that, you can use your registered account to log in directly, or, to make it easier to use SkyReels, you may also choose to register and login to SkyReels through your account on a third-party platform (e.g., Google, X, Facebook). In this way, we will create an Account ID connected to your third party platform account.
(b) Account Security. You are responsible for the security of your Account, and are fully responsible for all activities that occur through the use of your credentials. You agree to notify SkyReels immediately via the contact information in Section 15 if you suspect or know of any unauthorized use of your log-in credentials or any other breach of security with respect to your Account. SkyReels will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying SkyReels of such unauthorized use or loss of your credentials. Separate log-in credentials may be required to access External Sites (defined in Section 5 below). To request account deactivation or deletion, please use available function in the Platform or contact SkyReels support team in Section 15 on website. SkyReels will guide you through the process and ensure that your account and associated data are handled in accordance with our privacy standards. Note that some data may be retained as required by law or for legitimate business purposes.
(c) Accuracy of Information. When creating an Account, you will provide true, accurate, current and complete information as SkyReels requests.
You will update the information about yourself including Log-In Credentials you used for the Account promptly, and as necessary, to keep it current and accurate. We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your Account if activities occur on your Account which, in our sole discretion, would or might constitute a violation of this Agreement, cause damage to or impair the Service, infringe or violate any third party rights, damage or bring into disrepute the reputation of SkyReels, or violate any applicable laws or regulations. You shall be responsible for the accuracy of information and for any delay or failure to update it to maintain its accuracy.
(d) Eligibility.
1) By using the Service, you confirm that you are at least 13 years old or the minimum age required in your country to consent to use the Services. If you are under 18, you must have your parent or legal guardian’s permission to use the Services.
2) If you are a parent or legal guardian, and you allow your child to use the Services, you are responsible for their activity on the Services, and these terms apply to you as well.
3) In view of the User-Generated Content nature of the Service, we do not guarantee the suitability of the content in the Service for all users. It is advisable for parents to carefully assess the appropriateness of the content for their children and to supervise their children's use of the Services.
2. Intellectual Property Rights
(a) SkyReels Content and Service License.
1) Except for User Content (as defined below), the content that SkyReels provides to Users on or through the Service, including without limitation, any text, graphics, photos, software and interactive features, may be protected by copyright or other intellectual property rights and owned by SkyReels or its third party licensors (collectively, the "SkyReels Content"). Moreover, SkyReels solely owns all design rights, databases and compilation and other intellectual property rights in and to the Service, in each case whether registered or unregistered, and any related goodwill.
2) Service License. Subject to your complete and ongoing compliance with this Agreement, SkyReels hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free and worldwide right and license to access and use the Service solely for your personal, non-commercial use and solely in strict compliance with the provisions of this Agreement.
(b) Marks. SkyReels trademarks, service marks and logos (the "SkyReels Trademarks") used and displayed on the Service are SkyReels's registered and unregistered trademarks or service marks. Other product and service names located on the Service may be trademarks or service marks owned by third parties (the "Third-Party Trademarks," and, collectively with SkyReels Trademarks, the "Trademarks"). Except as otherwise permitted by law, you may not use the Trademarks to disparage SkyReels or the applicable third-party, SkyReels's or a third-party's products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from any Service without SkyReels's prior express written consent. All goodwill generated from the use of any SkyReels Trademark will inure solely to SkyReels's benefit.
(c) Restrictions. SkyReels hereby reserves all rights not expressly granted to you in this Section. Accordingly, nothing in this Agreement or on the Service will be construed as granting to you, by implication, estoppel or otherwise, any additional license rights in and to the Service or any SkyReels Content or Trademarks located or displayed therein.
(a) Ownership of the User Content. "User Content" means any content that users upload, provide, post, transmit, create, and/or generate to or through the Service including, without limitation content, data, audio files, images, video files, text, information, and other items. In the event you use the artificial intelligence tools and other technology (the "Generative Tools") to generate text, image, audio, video, and other content ("Output") in response to prompts and other input you submit to the Service ("Input"), both Input and Output are considered User Content under the Agreement. As between you and SkyReels, and to the extent permitted by applicable law, you (a) retain your ownership or authorization rights in the Input and (b) the Output. We hereby assign to you all our right, title, and interest, if any, in and to Output when for practical and legal reasons you are not able to acquire a direct original ownership of the Output. SkyReels makes no representations or warranties with respect to the current copyright law that might apply to You. Please consult Your own lawyer if You want more information about the state of current law in Your jurisdiction.
(b) License to SkyReels. By utilizing the Service, you confer upon SkyReels, its successors, and assigns, an irrevocable, transferable, perpetual, non-exclusive, sublicensable, royalty-free, fully paid, worldwide license to access, process, publish, reproduce, distribute, publicly display and perform, using in AI technology, communicate to the public, make available to the public, adapt, modify, create derivative works from, analyze and/or other exploit and utilize (collectively, "Use") the User Content and any name, username or likeness provided in connection with the User Content. This license survives termination of this Agreement by any party, for any reason. This license extends to using your User Content for advertising, marketing, and promoting SkyReels and the Service; displaying and sharing yourUser Content with other Users with the right to receive a profit; and providing the Service as authorized by this Agreement.
(c) License to other User. All User Content on this Platform may for learning, communication, and sharing among users. You hereby grant other users a irrevocable, non-exclusive, transferable, sublicensable, royalty-free, non-commercial, perpetual, and worldwide right and license to access the User Content. Any use beyond the scope of this license requires prior approval from the copyright owner and must comply with all applicable laws and regulations. Unauthorized use may result in liability for the User. Unless required by law, SkyReels will not be responsible for this.
(d) Warranty of the User Content. You shall represent and warrant that:
1) you own all right, title and interest in and to the User Content, including, without limitation, all copyrights and rights of publicity contained therein, or are otherwise authorized to Use the User Content for the applicable purposes, such as by license or legal exception or limitation.
2) your use of the User Content and license to us hereof not infringe any legitimate rights and interests of others (including but not limited to Intellectual Property Rights) or violate any agreements you have entered into.
3) You will not to create, upload, transmit, publish or otherwise use, on or in connection with the Service, any Objectionable Content (as defined below).
(e) Objectionable Content. You are not permitted to and agree not to upload or post any User Content to the Service that is or could be interpreted to be:
1) abusive, bullying, defamatory, harassing, harmful, hateful, inaccurate, infringing, libelous, objectionable, obscene, offensive, pornographic, shocking, threatening, unlawful, violent, vulgar, pedophilic, invasive of another's privacy including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the applicable laws in force;
2) promoting any product, good or service, or bigotry, discrimination, hatred, intolerance, racism or inciting violence (including suicide);
3) belonging to another person over which you do not have any right;
4) harming minors in any way;
5) deceiving or misleading the addressee or recipient of such information about the origin of such information;
6) threatening the unity, integrity, defense, security or sovereignty of any country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation.
7) patently false and untrue and having been written or published with the intent to harass or mislead for financial gain, or causing injury to any person; or is patently false or misleading, but is knowingly and intentionally communicated as it can be reasonably perceived as a fact; or
8) infringing any patent, trademark, copyright or other proprietary rights; and
9) content that facilitates the exploitation or abuse of children including child sexual abuse materials, promotes predatory behavior towards children, and/or any others that endangers children ("Child Abuse and Exploitation").
In each of clauses (1) - (9) of this paragraph, as SkyReels may determine in its sole and absolute discretion (collectively, "Objectionable Content").
(f) Review of User Content. SkyReels offers Users the ability to submit User Content to or transmit through the Service. SkyReels does not pre-screen User Content for compliance and better Service, but reserves the right, with or without notice, to remove, disallow, disable, block or delete any User Content in its sole discretion and at any time. In addition, we have the right - but not the obligation - in our sole discretion and at any time, with or without notice, to remove, disallow, block or delete any User Content:
1) that we consider to violate this Agreement, applicable law or otherwise constitute Objectionable Content; or
2) in response to complaints from other Users or licensors of any SkyReels Content or any governmental authorities, with or without notice and without any liability to you.
Without limiting the preceding sentences of this Section, SkyReels also has the right - but not the obligation - with or without notice, at any time and in our sole discretion, to take remedial action in connection with any Objectionable Content. SkyReels in its sole discretion may take any actions it deems necessary and/or appropriate against any Objectionable Content any User who Uses the Objectionable Content on the Service, including, but not limited to, warning the User, suspending or terminating the User's Account, removing Objectionable Content and/or all of the User's User Content, and/or reporting the User to law enforcement authorities, either directly or indirectly. SkyReels does not guarantee the accuracy, integrity, appropriateness, availability or quality of any User Content, and under no circumstances will SkyReels be liable in any way for any User Content, where permissible under applicable laws and regulations.
If you encounter any Infringing content and Objectionable Content in the Service, then please immediately email SkyReels via the information in Section 15 "Contact us" or inform us through the available functionality offered on the Service. You acknowledge and agree that SkyReels provides you with the ability to report Infringing content and Objectionable Content as a courtesy, and SkyReels has no obligation to remove or take any other action with respect to any Objectionable Content on the Service that you report to us.
(g) Identification. When you publish or disseminate, on a third-party platforms, the User Content created or generated through this Service, you shall, in accordance with the law, clearly identify it in a prominent manner (including but not limited to adding watermarks to the User Content, attaching a statement of non-veracity).
(h) No Liability of SkyReels.
1) The Use of any Objectionable Content may subject you to third party claims and none of the rights granted to you in this Agreement may be raised as a defense against any third party claims arising from your uploading or posting of Objectionable Content. You also agree not to use the Service for illegal or unlawful purposes, including, without limitation, to stalk any other User or to encourage any User to harm himself or herself or any other person. For the avoidance of doubt, SkyReels will not be liable for any unauthorized use of User Content by any User.
2) SkyReels does not guarantee the accuracy, integrity, appropriateness, availability or quality of any User Content, and under no circumstances will SkyReels be liable in any way for any User Content, where permissible under applicable laws and regulations.
4. Restrictions on Use of the Service
(a) In addition to any other restrictions set forth in this Agreement, and without limiting those restrictions, when using the Service, you agree not to (and not to attempt to):
1) make unauthorized copies of any content made available on or through the Service;
2) use any device, software or routine to interfere or attempt to interfere with the proper working of the Service, or any activity conducted on the Service;
3) attempt to decipher, decompile, disassemble or reverse engineer any of the software or source code comprising or making up the Service;
4) delete or alter any material SkyReels or any other person or entity uploads or posts on the Service without authorization;
5) frame or link to any of the materials or information available on the Service;
6) alter, deface, mutilate or otherwise bypass any approved software through which the Service is made available;
7) use any trademarks, service marks, design marks, logos, photographs or other content belonging to SkyReels or obtained from the Service;
8) access, tamper with or use non-public areas of the Service, SkyReels's (and its hosting company's) computer systems and infrastructure or the technical delivery systems of SkyReels's providers;
9) provide any false personal information to SkyReels;
10) create a false identity or impersonate another person or entity in any way;
11) create a new account with SkyReels, without SkyReels's express written consent, if SkyReels has previously disabled an account of yours;
12) solicit, or attempt to solicit, personal information from other Users of the Service;
13) restrict, discourage or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of that person, or collect information about or threaten, harass, menace or intimidate Users of the Service;
14) use the Service, without SkyReels's express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
15) use the Service, without SkyReels's express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
16) gain unauthorized access to the Service, to other Users' accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service;
17) upload or post any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment or any other aspect of the Service or communications equipment and computers connected to the Service;
18) interfere with or disrupt the Service, networks or servers connected to the Service or violate the regulations, policies or procedures of those networks or servers;
19) upload or post any Objectionable Content and/or any User Content in breach of the Agreement; or using the Service to create, distribute, or promote any content that is obscene, defamatory, libelous, invasive of privacy or publicity rights, abusive, harassing, threatening, or otherwise objectionable or harmful;
20) violate any applicable federal, state or local laws or regulations or the terms of this Agreement.
(b) You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, or objectionable, and you hereby waive any legal or equitable rights or remedies you have or may have against SkyReels with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless SkyReels, its owners, operators, affiliates, licensors, and licensees regarding all matters related to your use of the Service.
The Service may contain links to or the ability to share information with third party websites ("External Sites"). SkyReels does not endorse any External Sites or the content made available on such External Sites. All External Sites and any content thereon is developed and provided by others. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such content located on such External Sites. SkyReels is not responsible for the content of any External Sites and does not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when accessing and using all websites to protect your computer and mobile devices from viruses and other destructive programs. If you decide to access any External Sites, purchase any content from External Sites or subscribe to services offered by such External Site, then you do so at your own risk. You agree that SkyReels will have no liability to you arising from your use, engagement, exposure to or interaction with any External Sites.
While we are continually working to develop and evaluate our own product ideas and features, we know we don't have all the answers. We therefore welcome your feedback, comments and suggestions. If you choose to contribute by sending us or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings, promotions, strategies or product/feature names or any related documentation, artwork, computer code, diagrams or other materials (collectively "Feedback"), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to SkyReels, you agree that:
(a) SkyReels has no obligation to review, consider or implement your Feedback, or to return to you all or part of any Feedback for any reason;
(b) Feedback is provided on a non-confidential basis, and SkyReels is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
(c) You irrevocably grant SkyReels perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
7. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements
(a) Respect of Third Party Rights. SkyReels respects the intellectual property of others and takes the protection of intellectual property very seriously, and we ask our Users to do the same. Infringing activity will not be tolerated on or through the Service.
(b) Repeat Infringer Policy. SkyReels's intellectual property policy is to (i) remove or disable access to material that SkyReels believes in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available through the Service; and (ii) remove any User Content uploaded to the Service by "repeat infringers". SkyReels considers a "repeat infringer" to be any User that has uploaded User Content or Feedback to or through the Service and for whom SkyReels has received more than two takedown notices with respect to such User Content or Feedback. SkyReels has discretion, however, to terminate the Account of any User after receipt of a single notification of claimed infringement or upon SkyReels’s own determination.
(c) Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes or is alleged to infringe an intellectual property right you own or control, then please send such Notification of Claimed Infringement containing the following information to our email address listed below. Your Notification of Claimed Infringement may be shared by SkyReels with the User alleged to have infringed an intellectual property right you own or control, and you hereby consent to SkyReels making such disclosure. Your communication must include substantially the following:
1) A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
2) Identification of works or materials being infringed, or, if multiple works are covered by a single notification, then a representative list of such works;
3) Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SkyReels to locate the material;
4) Information reasonably sufficient to permit SkyReels to contact you, such as an address, telephone number and, if available, an electronic mail address at which you may be contacted;
5) A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7) You should consult with your own lawyer to confirm your obligations to provide a valid notice of claimed infringement.
(d) Upon receiving notification in the manner prescribed above, SkyReels may disable access to or remove such infringing content.
(e) Designated Agent Contact Information. SkyReels's designated agent for receipt of Notifications of Claimed Infringement (the "Designated Agent") can be contacted via E-mail set forth in Section 15 (Contact us).
(f) Counter Notification. If you receive a notification from SkyReels that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide SkyReels with what is called a "Counter Notification". To be effective, a Counter Notification must be in writing, provided to SkyReels's Designated Agent through one of the methods identified in Section 7 (e) and include substantially the following information:
1) A physical or electronic signature of you;
2) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3) A statement under penalty of perjury that the you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4) Your name, address and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the your address is outside of the United States, then for any judicial district in which SkyReels may be found, and that the you will accept service of process from the person who provided notification under Section 7 (c) above or an agent of such person.
5) Party submitting a Counter Notification should consult a lawyer to confirm the party's obligations to provide a valid counter notification under the Copyright Act.
(g) Recovering of Content Subject to a Counter Notification. If you submit a Counter Notification to SkyReels in response to a Notification of Claimed Infringement, then SkyReels will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that SkyReels will replace the removed User Content or Feedback or cease disabling access to it in 10 business days, and SkyReels will replace the removed User Content or Feedback and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless SkyReels's Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the User from engaging in infringing activity relating to the material on SkyReels's system or network.
(h) False Notifications of Claimed Infringement or Counter Notifications. Any person who knowingly materially misrepresents: (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of SkyReels relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. SkyReels reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
8. Subscription and SkyReels Credit
The following terms apply to the extent permitted by law:
(a) Subscriptions. SkyReels may provides you with paid Services. To enjoy more benefits of the Service, you could choose to purchase a subscription to the Service. If you purchase a subscription to the Service, then the following terms (1)-(4) apply:
1) Automatically renewable subscriptions. By purchasing a renewable subscription to the Service as applicable, you agree that, once your subscription expires, your subscription will automatically renew according to the RENEW PLAN, as you may select, unless and until you cancel your subscription.
2) Recurring charges. You authorize SkyReels and its partner (including Apple or Google), as applicable, to process your payments for any renewal subscription. Subscription prices will be displayed to you at the time of purchase. You will be billed for the same subscription plan at the then-current monthly periods subscription price plus any applicable taxes. Your payments will be processed for any renewal subscription using the same billing cycle as your current subscription. Additional terms and conditions may apply upon renewal, and subscription fees may change at any time, to the fullest extent permitted under applicable law.
3) Cancel. You may cancel your subscription to the Service at any time. If you want to obtain a refund in connection with any subscription, SkyReels will have no liability to you whatsoever for any refunds in connection with subscriptions. "Cancel" only means that you will not be charged for the next subscription cycle.
4) Our subscription product names and categories may expand in the future. At that time, the updates will be reflected accurately on our Platform.
(b) SkyReels Credits. SkyReels may offer you the ability to purchase, receive, or earn a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use Credits ("Credits",the types of that may increase, and whose names may change). SkyReels allows users to purchase, receive, or earn Credits and to redeem those Credits for eligible digital products and services available through the SkyReels Platform to enhance the user experience. Credits can only be used in connection with the Service as permitted by SkyReels and you may view your balance of Credits at any time in your personal profile. Once redeemed for consumption, Credits will be deducted from your account balance and cannot be used again. If the paid service you are using fails to work, we may automatically return the corresponding Credits actually consumed to your account. In the event of any dispute, SkyReels shall have the final determination over the calculation of your Credits account balance. SkyReels may make certain features or functionality of the Service available that allow or require the redemption of Credits, and may in its sole discretion modify or discontinue any applicable features or functionality or otherwise change the manner in which Credits may be redeemed. The cost to purchasing Credits is determined by SkyReels in its sole discretion, including any discounts, promotions and gifts, and may be changed at any time. You agree that SkyReels has the absolute right to reduce, manage, regulate, control, modify and/or eliminate the Credits as it sees fit in its sole discretion, and that SkyReels will have no liability to you based on its exercise of these rights. Notwithstanding any language to the contrary contained in the Platform or any other terminology used by SkyReels, Credits have no monetary or "real world" value and can only be used with the Service. Credits may not be redeemed or exchanged for "real" currency or any legal tender out of the Service. SkyReels reserves the right to revoke the licenses to them, at any time without notice.
(c) Virtual Items: SkyReels may offer Virtual Items at any time exclusively for use within the Services and are intended solely for entertainment purposes. These items hold no intrinsic or monetary value and cannot be transferred, exchanged, or redeemed outside the Services. The amount of Credits needed to obtain Virtual Items will be displayed at the point of redemption. SkyReels may determine, in its sole discretion, what Virtual Items may be available for redemption through the Service from time to time, and SkyReels may change the selection of Virtual Items or discontinue a Virtual Item at any time without any liability to you based on its exercise of these rights. You may redeem, if applicable, Virtual Items for as long as SkyReels chooses to make Virtual Items redeemable through the Services, which SkyReels has no obligation to continue to do.
(d) Limitations. You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you in connection with the Credits. Unless authorized in the Service, SkyReels prohibits and does not recognize any other sale, gift, assignment, transfer or trade in the "real world" of any Credits to any third party under any circumstances whatsoever (including, without limitation, by operation of law) unless SkyReels expressly pre-approves the applicable event in writing. Credits are solely for your personal, non-commercial use and may not be copied, exported, scraped or otherwise transferred to use on any other platform, service or for any other use. Failure to comply with this Section constitutes a material breach of the Agreement and may result in the termination of your ability to access the Service. SkyReels may revise the pricing for Credits at any time. If your Account is terminated for any reason, including due to a violation of our Agreement, then your license to any Credits will automatically terminate and you will lose access to applicable Credits permanently. If SkyReels reasonably suspects that you are engaging in any fraudulent or unlawful behavior in connection with any Credits, SkyReels reserves the right to restrict your access to and use of Credits or the Service. If you violate this Section, then other than the termination rights already mentioned, SkyReels may, in its sole discretion also pursue any and all remedies that it deems advisable and hold you liable for any and all damages, expenses, or other losses that SkyReels incurs in connection with the violation.
You acknowledge that you have no ownership or other property interest in the Credits and that, except as otherwise provided by law, you will not receive any refunds, cash or non-cash incentives, or other compensation for unused Credits, Virtual Items, or Services for any reason, including: (i) if an Account is closed or terminated or the Service is terminated, whether such closure is voluntary or involuntary; (ii) if they are subject to expiration dates, they will expire at the time of expiration and cannot be accumulated, returned or refunded to your account.
9. Limitation of Liability and Disclaimer of Warranties
The following terms in this Section apply to the fullest extent permitted by law:
(A) SKYREELS, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE "SKYREELS PARTIES") MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE SERVICE, ANY CONTENT AVAILABLE ON THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY, VALIDITY COMPLETENESS, APPROPRIATENESS, TIMELINESS OR RELIABILITY THEREOF. THE SKYREELS PARTIES WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, COMPLETENESS, APPROPRIATENESS, TIMELINESS OR RELIABILITY OF THE SERVICE AND ANY CONTENT ON THE SERVICE OR ANY OTHER INFORMATION CONVEYED TO ANY USER, OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA, INFORMATION STREAM FROM WHATEVER CAUSE, OR ANY LOSSES CAUSED TO YOU THEREFROM. AS A USER, YOU AGREE THAT YOU USE THE SERVICE AND ANY CONTENT THEREON AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL USER CONTENT YOU USE THROUGH THE SERVICE.
(B) THE SKYREELS PARTIES DO NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE, OR THAT THE SERVICE AND ANY CONTENT THEREON ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICE OR ANY CONTENT THEREON RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO SKYREELS PARTY WILL BE RESPONSIBLE FOR THOSE COSTS.
(C) THE SERVICE AND ALL CONTENT THEREON ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ACCORDINGLY, THE SKYREELS PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS AND FITNESS FOR PARTICULAR PURPOSE.
(D) IN NO EVENT WILL ANY SKYREELS PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SERVICE AND ANY CONTENT THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH SKYREELS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SKYREELS'S LIABILITY, AND THE LIABILITY OF ANY OTHER SKYREELS PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF THE FEES YOU HAVE PAID US FOR ANY CREDITS AND U.S. $100.
(e) You specifically acknowledge that SkyReels shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
(f) YOU UNDERSTAND THAT DUE TO THE NATURE OF THE GENERATIVE TOOLS, OUTPUT YOU GENERATE MAY NOT BE UNIQUE, AND IT IS POSSIBLE THAT THE GENERATIVE TOOLS MAY GENERATE THE SAME OR SIMILAR OUTPUT FOR OTHER USERS IF THE INPUTS ARE SIMILAR. YOU ALSO UNDERSTAND AND ACKNOWLEDGE THAT THE COPYRIGHT STATUS OF THE GENERATED OUTPUT MAY NOT BE CLEAR AND THAT THE USE OF SUCH GENERATIVE TOOLS MAY AFFECT YOUR ABILITY TO OBTAIN OR ENFORCE ANY INTELLECTUAL PROPERTY RIGHTS IN OR TO THE OUTPUT.
(g) ALTHOUGH WE ARE CONSTANTLY STRIVING TO IMPROVE THE SERVICES AND THE QUALITY AND ACCURACY OF OUTPUT, YOU ACKNOWLEDGE THAT ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING TECHNOLOGIES ARE RAPIDLY EVOLVING AND MAY PRODUCE OUTPUT THAT IS INACCURATE, UNRELIABLE, INAPPROPRIATE, INFRINGING, OR OTHERWISE UNSUITABLE OR THAT DOES NOT MEET YOUR EXPECTATIONS.
(h) YOU AGREE TO USE THE GENERATIVE TOOLS SOLELY TO GENERATE OUTPUT AND NOT TO DEVELOP OTHER TOOLS OR APPLICATIONS OR FOR ANY OTHER PURPOSE. YOU FURTHER AGREE NOT TO USE THE GENERATIVE TOOLS OR THE RESULTING OUTPUT IN A MANNER THAT MAY INFRINGE UPON OR VIOLATE THE RIGHTS OF ANY THIRD PARTY OR VIOLATE ANY APPLICABLE LAWS, RULES, OR REGULATIONS, AND YOU ACKNOWLEDGE AND AGREE THAT (1) YOU ARE SOLELY RESPONSIBLE FOR VETTING AND EVALUATING THE ACCURACY, APPROPRIATENESS, LEGALITY, AND SUITABILITY FOR YOUR USE OF ANY OUTPUT BEFORE USING IT, INCLUDING EVALUATING WHETHER SUCH USE WILL INFRINGE UPON OR VIOLATE THE RIGHTS OF OTHERS; (2) YOU WILL NOT USE PROMPTS OR OTHER INPUTS THAT ARE INTENDED OR LIKELY TO RESULT IN INFRINGING OUTPUT; AND (3) YOU ASSUME ALL RISK ASSOCIATED WITH YOUR USE OF THE GENERATIVE TOOLS AND ITS RESULTING OUTPUT AND THAT SKYREELS WILL HAVE NO LIABILITY FOR SUCH USE.
To the fullest extent permitted by law, any dispute you have with any third party arising out of your use of the Service, including, by way of example and not limitation, any carrier, copyright owner or other User, is directly between you and such third party, and you irrevocably release the SkyReels from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless the SkyReels Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from (a) your breach of this Agreement; (b) your access to, use or misuse of SkyReels Service Content; or (c) your User Content. SkyReels will provide notice to you of any such claim, suit or proceeding. SkyReels reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section if SkyReels believes that you are unwilling or incapable of defending SkyReels's interests. In such case, you agree to cooperate with any reasonable requests assisting SkyReels's defense of such matter at your expense.
(a) Term. As between you and SkyReels, the Term of this Agreement commences as of your first use of the Service and continues until the termination of this Agreement by either you or SkyReels.
(b) Termination. You may terminate this Agreement by sending written notification to SkyReels via the contact information in Section 15, terminating all uses of the Service. If you wish to delete any of your User Content from the Service, then you may be able to do so via the contact information in Section 15,, but the removal or deletion of such User Content will not terminate this Agreement. SkyReels reserves the right, in its sole discretion, to restrict, suspend or terminate this Agreement and your access to all or any part of the Service at any time without prior notice or liability if you breach any provision of this Agreement or violate the rights of any third party. SkyReels may further terminate this Agreement immediately for any other reason with or without notice to you, using the email address or mobile phone number associated with your account credentials. SkyReels reserves the right to change, suspend or discontinue all or any part of the Service at any time without prior notice or liability.
13. Consent to Electronic Communications
By using the Service, you may receive certain electronic communications from us as further described in the Privacy Policy. Please read the Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
(a) This Agreement is governed by the internal substantive laws of Singapore, without respect to its conflict of law provisions. Any dispute arising out of or in connection with the Agreement, including any question regarding existence, validity or termination of the Agreement, shall be referred to and finally resolved by arbitration administered by Singapore International Arbitration Centre ("SIAC") in accordance with the Arbitration Rules of SIAC ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English. By accepting this Agreement, you and SkyReels agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both You and SkyReels agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s).
(b) You agree that no joint venture, partnership, employment or agency relationship exists between you and SkyReels as a result of this Agreement or use of the Service.
(c) You further acknowledge that by submitting User Content, no confidential, fiduciary, contractually implied or other relationship is created between you and SkyReels other than pursuant to this Agreement.
(d) If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect.
(e) Failure of SkyReels to act on or enforce any provision of this Agreement will not be construed as a waiver of that provision or any other provision in this Agreement. No waiver will be effective against SkyReels unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance.
(e) Except as expressly agreed by SkyReels and you, this Agreement constitutes the entire agreement between you and SkyReels with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein.
(f) Change to the Agreement. You understand and agree that we may change this Agreement at any time without prior notice; provided that we will endeavor to provide you with prior notice of any material changes that may apply to you, including through the posting of a revised Agreement that you may be required to accept in order to continue using the Service. You may read a current, effective copy of this Agreement at any time by selecting the appropriate link on the Service. The revised Agreement will become effective at the time of posting unless specified otherwise. Any use of the Service after the effective date will constitute your acceptance of such revised Agreement. If you find any change to this Agreement or the Service unacceptable, then your sole remedy is to stop accessing, browsing and otherwise using the Service. The terms of this Agreement will govern any updates SkyReels provides to you that replace and/or supplement any portion of the Service, unless the upgrade is accompanied by a separate license or revised Agreement, in which case the terms of that license or revised Agreement will govern. Notwithstanding the preceding sentences of this Section, no revisions to this Agreement will apply to any dispute between you and SkyReels that arose prior to the effective date of such revision.
(g) The Section headings are provided merely for convenience and will not be given any legal import. This Agreement will inure to the benefit of our successors and assigns.
(h) You may not assign this Agreement or any of the rights or licenses granted hereunder, directly or indirectly, without the prior express written consent of SkyReels. SkyReels may assign this Agreement, including all its rights hereunder, without restriction.
(i) If SkyReels provides a translation of the English language version of this Agreement, the translation is provided solely for convenience, and the English version will prevail.
(j) SkyReels is willing to provide services in accordance with the legal requirements of your region. Due to limited resources, we request that you contact us in a timely manner for any necessary compliance-related actions or inquiries. This collaboration is vital to ensure that our services meet the regional legal standards and address your specific needs effectively.
If you would like to contact us in connection with your use of the Service, then please refer to the contact information below by email:
Company Name: Skywork AI Pte. Ltd.
Address: 2 Science Park Drive, #01-08, Ascent, Singapore 118222
Email: feedback@skyreels.ai