1. Statement
This Terms and Conditions is part of the overall Terms & Conditions regarding
usage of the Skreeky Application ("the Application") offered on www.skreeky.com ("the Website"),
a website maintained and owned by Izaxon AB ("Izaxon") a Swedish limited liability company. In addition
, the privacy statement is part of the overall conditions.
2. Grant of license
Izaxon AB grants you a limited, non-exclusive, revocable license to make personal non-commercial use of
the Skreeky Software Application (including a right to download said application) and the Skreeky
Service and to transmitt and receive by stream/dowload the audio, image and text content made available
through the Skreeky Service. You do not have a right to transfer or sublicense your rights under this
Agreement.
3. Restrictions of use
For the avoidance of doubt, you agree that you may not (without limitation):
- reverse-engineer, decompile, disassemble, modify or create derivative works based
on the Skreeky Software Application or the Services provided by Izaxon,
or any part thereof; This includes but is not limited to: source code, communications
protocols, Graphical User Interface, Service, and business model
- resell, rent or lease any part of the Skreeky Software Application or the
Skreeky Service;
- use the Skreeky Software Application or the Skreeky Service in a way that violates
the law or regulations in the country of use, as well as in Sweden (host country).
- use the Skreeky Software Application or the Skreeky Service in a way that violates
the terms of this Agreement;
- use and contribution of audio chat messages (when Talk is pushed) that is pornographic
or in any other way is offensive to other users
- use and contribution of audio chat messages (when Talk is pushed or files are sent) that
is conflicting with copyright of audio content or text.
- participation in or support of any illegal activities
- use the service and application in a way that in any way harms Izaxon our
advertisers, distributers or customers.
- use any part of the service or application as a means of commercial advertisement – other than
if explicitly part of a service provided by Izaxon for advertisement (not yet
available).
- use own developed or third party software to capture, parse and use messages (audio, text or
any other information) transmitted by the Application and affiliated software and Services
(server etc).
- in any way try to redirect or modify communication by the Application and affiliated software
and Services (e.g client/server/client communications).
- in any way use an automated transmission of audio or text (automated “user” that simulates
manual use)
- circumvent any territorial restrictions applied by Izaxon.
In addition to the above, you agree to take all reasonable care to prevent unauthorized
use of the Skreeky Software Application and the Skreeky Service and its content;
You also agree to allow Izaxon to revoke or limit your right to use
the Skeeky Application and the Skreeky Service, should you violate any of the restrictions
above.
Izaxon may also revoke or restrict the use for a user if other deliberate misuse is
identified (as defined by Izaxon). Izaxon will report illegal use to the proper
authorities.
4. Limitation of liability
In no event shall Izaxon, its affiliates, officers, directors and employees be liable for
any indirect, incidental, special or consequential damages (including but not limited to any loss
of data, service interruption, computer failure or pecuniary loss) arising out of the use of or
inability to use the Skreeky Application or the Skreeky Service (including but not
limited to its content), including any damages resulting therefrom.
Your only right with respect to any problems or dissatisfaction with the Skreeky Software Application
and the Skreeky Service is to uninstall the Skreeky Software Application and to stop using the Skreeky
Service.
5. Intelectual property
Izaxon respects intellectual property rights, and expects you to do the same. Please note
therefore that the Skreeky Software Application, the Skreeky Service and the content provided
through the Skreeky Service is the property of Izaxon or their licensors and protected
by intellectual property rights (including but not limited to copyright) and that you do not have
a right to use the Skreeky Software Application or the Skreeky Service (including but not limited
to its content) in any manner not covered by this agreement.
Further, you may not remove or alter any copyright, trade mark or other intellectual property notices
contained on or provided through the Skreeky Software Application or the Skreeky Service.
6. Storage of collected data
The collected data is stored in by Izaxon preferred way - this could be hosted by a third
party out sourcing of data hosting or at Izaxon premises.
Data may be stored temporary or for a longer period of time (for as long as Izaxon wants)
The collected data is accessed only for the purposes specified in this Privacy Policy.
7. Update or change data
If you have any questions about your privacy, if you want to view, update or change your personal data or if
you do not want to receive emails, you can mail your request (including changes) to
info@acccelerando.se. For removal
from any mailing list, you can also reply to each mail message you have received placing "Unsubscribe" in the subject field.
7. Technology limitations and modifications
Izaxon will make reasonable efforts to keep the Skreeky Software Application and the Skreeky Service operational.
However, certain technical difficulties or maintenance may, from time to time, result in temporary
interruptions. Izaxon reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, functions and features of the Skreeky Software Application and
the Skreeky Service with or without notice.
7. Technology limitations and modifications
This Agreement together with the Skreky Privacy Policy constitutes all the terms and conditions
agreed upon between you and Izaxon and supersedes any prior agreements, whether written
or oral. Any additional or different terms or conditions in any written or oral communication from
you to Izaxon are void. You agree and accept that you have not accepted the terms
and conditions of this Agreement in reliance of or to any oral or written representations made by
Izaxon not contained in this Agreement.
7. Prices
Izaxon reserves the right to change the price for any Service or Application
at any time. Such changed price will take effect after the expiry of the then-current version (and
corresponding functionality) (i.e. the term that you have already agreed to and potentially paid for).
Any new prices will be posted on the Skreeky website and it is your responsibility to check the
website for such postings from time to time. If you do not wish to be bound by such changed price
relating to your Service you may terminate the use at any time by uninstalling the Skeeky Application
The continued use of the Skreeky Service after the posting of a new price constitutes an acceptance
of such new price.
7. Advertising
As consideration for your rights under this Agreement, you agree that (i) Izaxon and its
business partners have a right to provide advertising and other information to you in relation to the
Skreeky Software Application and the Skreeky Service, and that (ii) Izaxon has a right to
allow the Skreeky Software Application and the Skreeky Service to utilize the processor, bandwidth
and storage hardware on your computer or other relevant device for the limited purpose of
facilitating the communication and transmission of content and other data or features to you and other
users of the Skreeky Software Application and the Skreeky Service, and to facilitate the operation of
the network on which the Skreeky Software Application and the Skreeky Service runs.
No unauthorized adverticement is under any conditions allowed (see Restrictions of use). That is, only adverticement explicitly
as part of a Service provided by Izaxon is allowed.
7. No warranty
The use of the Skreeky Software Application and the Skreeky Service (including but not limited to
its content) is at your own risk. The Skreeky Software Application and the Skreeky Service is
provided on an “as is” and “as available” basis. There is no warranty, expressed or implied, as
to the quality, content and availability or fitness for a specific purpose of the Skreeky Software
Application or the Skreeky Service. In addition, Izaxon does not warrant, endorse,
guarantee or assume responsibility for any product or service advertised or offered by a third
party on or through the Skreeky Service or any hyperlinked website, or featured in any banner
or other advertising (such as audio adverticement). Consequently Izaxon will in no
way be responsible for any transaction between you and third-party providers of products or
services advertised on or through the Skreeky Service. As with any purchase or use of a product or
service through any medium or in any environment, you should use your judgment and exercise
caution where appropriate. No advice or information whether oral or in writing obtained by you
from Izaxon shall create any warranty on behalf of Izaxon in this regard.
7. Privacy
You agree that Izaxon has a right to collect and process your personal information and
data such as text and audio in accordance with the
Skreeky Privacy Statement
7. Term and termination
This Agreement will become effective in relation to you when you have downloaded the application
to your PC or other device and answered OK to terms during the installation procedure, and
will remain effective until terminated by you or Izaxon. You may terminate your
use of the Skreeky Software Application or Skeeky Services at any time by un-installing the
Skreeky Software Application. Izaxon will not refund any remaining portion of
any potential subscription fees you have already paid for. Izaxon reserves the
right to terminate this Agreement or suspend your Skreeky account (if/when available) at
any time in case of unauthorized, or suspected unauthorized, use of the Skreeky Software
Application or the Skreeky Service. If Izaxon terminates this Agreement,
or suspends your Skreeky account, for any of the reasons set forth in this section,
Izaxon shall have no liability or responsibility to you, and Accelerndo/Izaxon
will not refund any amounts that you have previously paid.
7. Governing laws and disputes
This Agreement shall be governed and construed in accordance with the substantive laws of Sweden.
Any dispute, controversy or claim arising out of or in connection with this Agreement will be subject
to the jurisdiction of the courts of Sweden, Stockholm District Court being the court of first
instance.
7. Severability
Should for any reason or to any extent any provision of this Agreement be held invalid or
unenforceable, such invalidity or enforceability shall not in any manner affect or render
invalid or unenforceable the remaining provisions of this Agreement and the application of that
provision shall be enforced to the extent permitted by law.
7. English version prevails
In the event that this Agreement is translated into other languages and there is a discrepancy
between the two language versions, the English language version shall prevail to the extent that
such discrepancy is the result of an error in translation.