Skyyer Travel Guide Mobile Application Terms of Use

Introduction

Welcome to the Skyyer Travel Guide Mobile Application (the “App”). The App is operated by Skyyer Mobile Limited (“Skyyer Mobile”) a company registered in Hong Kong under company number 52194089 whose registered office at 11/F, AT Tower, 180 Electric Road, North Point, Hong Kong, China. Skyyer Mobile is a wholly-owned subsidiary of Sky Publishing Limited (“Sky Publishing”), a company registered in Hong Kong under company number 36634128 whose registered office at 11/F, AT Tower, 180 Electric Road, North Point, Hong Kong, China.

The App is provided solely to assist users in gathering travel information, posting opinions of travel related issues and engaging in interactive travel forums, and for no other purposes. The term “we”, “us”, “our” refer to Skyyer Mobile, Sky Publishing, and our corporate affiliates and websites (collectively, “Skyyer”). The term “you” refers to the user downloading, installing, using the App and/or contributing content to the App.

Please read these Terms of Use carefully before you download, install or use the App, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. By downloading, installing or using the App, you indicate that you accept and agree to be bound by the following Terms of Use (the “Terms”) which take effect on the date on which you download, install or use the App. If you do not agree with these Terms, you should cease downloading, installing, or using the App immediately. If you have any queries about the App or these Terms, you can contact us at support@skyyer.com.

Use of the App

As a condition of your use of the App, you warrant that (i) all information supplied by you on the App is true, accurate, current and complete, (ii) you are 13 years of age or older in order to download, install, access, use or register an account to the App. If you are under 13 and you wish to use, download, install, access, use or register an account to the App, you must get consent from your parent or guardian before doing so, (iii) if you have registered an account with us, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you, and (iv) you possess the legal authority to enter into this Agreement and to use the App in accordance with all terms and conditions herein.

Skyyer does not knowingly collect the information of anyone under the age of 13. We retain the right at our sole discretion to deny access to anyone to the App and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

Use of the App does not include the provision of a mobile device or other necessary equipment to access it. To use the App you will require Internet connectivity and appropriate telecommunication links. We shall not have any responsibility or liability for any telephone, telecommunication or other costs you may incur.

What you are allowed to do

The App is made available for your own, personal use in accordance with these Terms. Subject to these Terms, you may retrieve and display, print and store content from the App on your mobile device for your personal non-commercial use only.

What you are not allowed to do

The App must not be used for any commercial purpose whatsoever, or for any illegal or unauthorised purpose. In particular, but without limitation, except to the extent expressly set out in these Terms, you are not allowed to:

  1. use the App in any unlawful manner or in a manner which promotes or encourages illegal activity or infringes on third party rights, including (without limitation) infringing copyright, trademark or other proprietary rights, broadcasting rights, privacy or other rights of Skyyer or any other person or body;
  2. reproduce, duplicate, copy or re-sell the App or any part of the App;
  3. modify, adapt, translate or reverse engineer any part of the App or re-format or frame any portion of the pages comprising the App;
  4. create (whether for yourself or someone else) a travel guide product or service similar to the App or any of the travel guides published by Skyyer;
  5. republish, redistribute or re-transmit any content or data from the App;
  6. copy or store any content or data from the App other than for your own personal non-commercial
  7. use and as may occur incidentally in the normal course of use of your mobile device;
  8. store content or data from the App on a server or other storage device connected to a network or ;
  9. create a database by systematically downloading and storing any content or data from the App;
  10. attempt to gain unauthorised access to the App or any networks, servers or computer systems connected to the App;
  11. remove or change any content or data from the App or attempt to circumvent any filtering or security measures or interfere with the proper working of the App;
  12. post or otherwise transmit any content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, alter or limit the functionality of the App;
  13. use the App for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services.

Intellectual property rights

All intellectual property rights in the App and its content (including without limitation the software, source code, text, data, graphics, photographs, graphics and other images, videos, music, sound, the selection and arrangement thereof and other material) (“Material”) are owned by Skyyer or our licensors. All rights are reserved.

You can view, download, or print extracts of the Material for your own personal non-commercial use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without Skyyer or our licensor’s express written permission.

The trademarks, service marks, logos, names and signs (“Trademarks”) contained on or in the App are owned by Skyyer or third party partners of Skyyer. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trademarks without the prior written consent of Skyyer or the relevant third party partner.

Availability of the App, security and accuracy

Whilst we endeavour to ensure that information and materials on the App are correct, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we shall not be liable for any errors or omissions. To the fullest extent permitted by law, we shall not be liable for any loss or damage or claims of any kind incurred as a result of you or anyone else using the App or relying on any of its content.

Whilst we endeavour to use our reasonable skill and care to make the App available 24 hours a day, we do not warrant and shall not be liable if for any reason the App is unavailable for any time or for any period. We make no warranty that your access to the App will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.

We may change or update the App and anything described in or content within it without notice to you. Access to the App may be suspended or withdrawn from you personally, or all users, temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of the App for any reason. If we impose restrictions on you personally, you must not attempt to use the App under any other name or user or on any other mobile device.

We do not warrant that the App will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the App, or your obtaining any material from, or as a result of using, the App. We shall also not be liable for the actions of third parties.

In order to use the App, you will be provided with a user identification code, password or any other piece of information as part of our security procedures. You must treat such information as confidential and must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms or for any other reason.

Nothing in these Terms shall be construed as excluding or limiting the liability of Skyyer for death or personal injury caused by its negligence or for any other liability which cannot be excluded by Hong Kong law.

Independence from platforms

The App is independent of any platform on which it is located. The App is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple IOS, Google Android and any web browser (each being an “Operator”).

Your download, installation, access to, or use of, the App is also bound by and you should comply with the terms and conditions of the Operator.

External links

The App may, from time to time, include links to external sites. The links to these sites are included to provide you with access to information and services that you may find useful or interesting. We are not responsible for and shall not be liable for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of, or association with, their operators.

Privacy policy

We take your privacy very seriously. We will only use your personal information in accordance with the terms of our Privacy Policy. By installing and using the App you acknowledge and agree that you have read and accept the terms of our Privacy Policy and these Terms. Without your consent, we will not use your personal data or provide your personal data to third parties for direct marketing purposes set out in our Privacy Policy. All the personal data collected will be kept confidential. Should you not consent to the use or provision of your personal data for direct marketing purposes, please indicate your objection by ticking the box at the end of these Terms. You can also inform us at any time via email or any written format to request us to cease use and provision of your personal data for any direct marketing purposes stated in our Privacy Policy.

Advertisers

We accept no responsibility for advertisements contained within the App. If you agree to purchase goods and/or services from any third party who advertises in the App, you do so at your own risk. The advertiser, not Skyyer, is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser and we shall not be liable in any way or manner.

Competitions

If you take part in any competition which is run via the App, you agree to be bound by the rules of that competition and any other rules specified by Skyyer from time to time and by the decisions of Skyyer, which are final in all matters relating to any competition. Skyyer reserves the right to disqualify any entrant and/or winner in its absolute discretion without notice in accordance with the relevant competition rules.

User-generated content

The App allows you or other users to add user-generated content including data, text, information, photos, links and/or other content or materials (“User-Generated Content”).

You must not post any User-Generated Content for any illegal or unauthorised purpose or which infringes on any third party rights and you are solely responsible for your conduct and User-Generated Content that you submit, post or display.

You warrant that any User-Generated Content you submit to the App does not infringe any party’s copyright, trademark, patent, trade secret, or other intellectual property or other proprietary rights, or the privacy rights of any individual.

You further warrant that any User-Generated Content you submit is not obscene, threatening, harassing, deceptive, fraudulent, offensive, defamatory of any person or otherwise illegal.

You also expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this App any of the following:

  1. content that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  2. content that would constitute, encourage, promote or provide instructions for a conduct of an illegal activity, criminal offense, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, state, national or international law;
  3. content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  4. content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. In particular, User-Generated Content that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  5. content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Skyyer;
  6. Unsolicited promotions, mass mailings or "spamming", transmission of "junk mail", "chain letters", political campaigning, advertising, contests, raffles, or solicitations;
  7. User-Generated Content containing commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
  8. Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses and credit card numbers;
  9. Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);Viruses, corrupted data or other harmful, disruptive or destructive files; or
  10. content or links to content that, in the sole judgment of Skyyer, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the App, or (d) which may expose Skyyer or its users to any harm or liability of any type.

By submitting User-Generated Content to the App, you hereby grant Skyyer a worldwide, non-exclusive, unconditional, irrevocable, royalty-free, fully transferable, perpetual licence to use, publish, publicly display and/or transmit the User-Generated Content for the purpose of use on or in relation to the App, or for generally marketing Skyyer’s products or services in any format or media and on any platform, either now known or hereinafter invented. You agree that you waive your moral rights including without limitations, the right to be identified as the author or object to derogatory treatment and we may modify any User-Generated Content submitted by you at our sole discretion.

You acknowledge and agree that when you post User-Generated Content to the App or view User-Generated Content provided by others, you are doing so at your own discretion and risk, including any reliance on the accuracy, completeness, of that User-Generated Content. We accept no liability in respect of any User-Generated Content submitted by users and published by us.

You further acknowledge and agree that the views expressed by you and other users in that User-Generated Content do not necessarily reflect the views of Skyyer, and we do not support or endorse any User-Generated Content.

You acknowledge that Skyyer has no obligation to pre-screen, monitor, review, or edit any User-Generated Content written or posted by you and other users to the App although we reserve the right to cut, crop, edit or refuse to publish, your or any User-Generated Content at our sole discretion. We will, when we deem appropriate, remove user postings or comments from our articles, and blog posts. We may remove your User-Generated Content at any time without notice.

Reports/Complaints

If you would like to report on any contents in the App that you have reason to believe to be infringing another’s intellectual property rights or other proprietary rights or is otherwise illegal or unauthorized under the applicable laws governing those contents and requests us to remove or disable access to the same from the App, please send a notice of the infringement to us at support@skyyer.com. In order for us to have sufficient information to promptly process your request, your notification should contain: (i) reasonably sufficient information on the ownership and subsistence of the relevant rights in question, (ii) reasonably sufficient information on the infringement in question in order to enable us to identify the alleged infringing material (including but not limited to the hyperlink that contains the alleged infringing material) and your reasons as to why the material in question is infringing, and (iii) your correct and full contact details (e.g. your name and email address) so that we can contact you to process and follow-up on your notification and request. Without any of the aforesaid information in sufficient details, we may not be able to properly and promptly process your request. We will, when we deem appropriate or upon our receipt and finding of a valid notification and take down/removal request, remove the infringing contents from the App at any time without further notice.

Links to Third-Party Sites

This App may contain hyperlinks to websites operated by parties other than Skyyer. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever inks you select or software you download (whether from this App or not) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Applicable Laws

When you use the App you must comply with all applicable Hong Kong laws and with any applicable international laws, including the local laws in your country of residence (together referred to as “Applicable Laws”).

Indemnification

You agree to indemnify Skyyer and any of their officers, directors, employees and agents in full and on demand from and against any claims, causes of action, demand, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, which they suffer or incur directly or indirectly as a result of:

  1. your breach of this Agreement or the documents referenced therein;
  2. your violation of any law or the rights of a third party; or
  3. your use of this App otherwise than in accordance with these Terms or Applicable Laws.

Entire Agreement

These Terms (as amended from time to time) constitute the entire agreement between you and Skyyer concerning your use of the App.

Modification

Skyyer reserves the right to change, add or delete these Terms from time to time in its sole discretion where it deems it necessary for legal, general regulatory and technical purposes or due to changes in the services provided or nature or layout of the App. If it does so, the updated version will be effective immediately and the current Terms are available through a link in the App to this page. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the App. If you do not agree to the updated terms, you should stop using the App and its contents and Skyyer shall have the right to terminate your continued access to and right to use the App and content.

Skyyer may change, suspend or discontinue any aspect of the Skyyer service at any time, including availability of any feature, database or content. Skyyer may also impose limits on certain features and services or restrict your access to all or parts of the App or any other Skyyer website without notice or liability for technical or security reasons, to prevent against unauthorised access, loss of, or destruction of data or where we consider in our sole discretion that you are in breach of any provision of these Terms or of any law or regulation and where it decides to discontinue providing a service.

Severability

If any of these Terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms are intended to be effective, then to the extent and within the jurisdiction which that Term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.

No Waiver

Skyyer’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Skyyer in writing.

Law and Jurisdiction

These Terms shall be governed by and construed in accordance with Hong Kong law and you agree to submit to the non-exclusive jurisdiction of the Hong Kong Courts.

I have already read carefully the above Terms and the Privacy Policy, and I accept and agree to the Terms and the Privacy Policy before installation or use of the App.