Skillit: Your Privacy Matters - Learn About Our Policy

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Privacy

Last Updated: February 20, 2024

This Privacy Policy (“Privacy Policy”) sets out how MYSKILLIT, INC. (the “Company”) uses and protects the information that you (referred to as “you” or “your”) provide when you access, register, purchase, sell, and/or use the website, www.myskillit.com (the “Website”) which is a discovery booking platform that facilitates in-person entertainment and learning experiences (the “Services”).

Company is committed to ensuring that your privacy is protected. Any personal identifying information (hereinafter referred to as “Personal Information” and defined below) you provide when using the Website will only be used in accordance with this Privacy Policy. This Privacy Policy describes the type of information Company may collect from you or that you may provide when using the Website, as well as Company’s practices for collecting, using, keeping, protecting, and/or disclosing any Personal Information.

  1.        Acceptance of Terms
    1.    Your access to and use of the Website is conditional upon your acceptance of and compliance with this Privacy Policy. This Privacy Policy applies to everyone, including, but not limited to visitors, users, and others, who wish to access or use the Website.
    2.    Through using the Website, you hereby accept this Privacy Policy and each of the terms and conditions stipulated herein. If you are not in agreement with this Privacy Policy, you should refrain from any further use or access to the Website. Your continued use of the Website, following the posting of any updates or changes to this Privacy Policy, indicates your acceptance of any such changes.
  2.        Personal information
    1.    What Personal Information is Collected?
      1.  When browsing, engaging with, donating, purchasing, or otherwise using the Website, you may be asked to enter or disclose certain Personal Information, which may include:
        • Contact Information: personal name, business name, email, postal address, business address, telephone number, contact information, or any other similar information.
        • Identification: company title, interests, social media credentials, contacts, or referrals.
        • Information: Details about your crowdfunding campaign, including business information, financial data, and campaign goals.
        • Research and Feedback: reviews, comments, and other feedback that you submit through the Website, social media platforms, email, over the phone, or by mail.
        • Device Information and Identifiers: IP addresses, cookie IDs, browser types and language, operating systems, website type, and device type.
        • Connection and Usage: domain names, browsing activity, scrolling and keystroke activity, advertisements, or other content viewed and the duration of viewing, forms, or fields you complete or partially complete, search terms, whether you open an email, quality of the Website, and interaction with the content, logs, and other similar information. If these events occur while you are offline, they may be logged and uploaded when you next connect.
        • Geolocation: city, state, and ZIP code associated with your IP address or derived through Wi-Fi.
        • Social Media Information: if you interact with Company through a third party website (hereinafter referred to as “Third Party Website(s)” and defined below) using your social media credentials, depending on your settings, Company may have access to information from that particular social network such as your name, email address, contact information, photos, age, gender, location, birthday, social networking ID, current city, and the people and other businesses you follow.
        • Additional Information: any additional information you provide directly through the Website or through your participation, support request, social networking, or any other communication.
  3.    When is Personal Information Collected?
    1.  Generally, you are not under any statutory or contractual obligation to provide any Personal Information; however, certain Personal Information may be automatically collected in order for you to use the Website and for the Company to provide its Services.
    2.  Company collects information from you when you access or otherwise use the Website, contact, or engage with Company for its Services, fill out an online form, or otherwise enter any information on the Website or Company’s social media platforms which may include, but are not limited to, Instagram, Google, or other third-party applications (together the “Third Party Platforms”).
  4.    How Do You Get My Consent?
    1.  When you provide any Personal Information through the Website or Third Party Platforms, verify, or change your contact information and/or transactional details, complete a contact form, engage with the Services, or anything of the like, you are automatically consenting to the collection, storage, processing and use of that Personal Information for your benefit, for the Company to provide its Services and to improve the Website and Company’s offerings.
    2.  If Company asks for your Personal Information for any other reason, it will either: (a) ask directly for your express consent; or (b) provide you with an opportunity to say no or otherwise decline by contacting Company directly.
  5.    How Do I Withdraw My Consent?
    1.  You may withdraw your consent for the continued collection, processing, use, or disclosure of your Personal Information at any time by contacting Company directly. If you choose to withdraw your consent, and upon notifying the Company of your intention to withdraw, the Company will delete all information it has in its possession relating to you. Company may also add your contact information to an opt-out mailing list.
  6.    How is My Personal Information Used?
    1.  Company may use your Personal Information in any of the following ways:
      •  To provide the Services, to maintain, and improve the Website, features, content, services, and any promotions, available through the Website.
      • To enable you to enjoy and easily navigate the Website.
      • To better personalize your experience on the Website and understand your needs and interests.
      • To fulfil requests or respond to your questions and comments and provide customer service.
      • To provide you with announcements, notifications, advertisements, and other communications.
      • To investigate and help prevent security issues, abuse, or violations of law.
      • To display content you generate, such as videos, photos, audio, and comments on the Website.
      • To comply with all relevant laws, regulations, and ethical business conduct.
      • To comply with any audit requirements.
      • To ensure you are compliant with the Terms of Use of the Website.
      • To undertake internal research for technological development and demonstration. 
  7.    How is My Personal Information Protected?
    1.  Company takes the security of your Personal Information seriously and implements a variety of security measures when you use the Website, or otherwise provide your Personal Information. Your Personal Information is kept on a secure cloud server and is accessible only to a limited number of persons who have the authority to access it, including but not limited to, employees, contractors, or agents that Company may employ to perform tasks, fix bugs, and/or monitor the Website on its behalf.
    2.  The Company shall ensure to use comprehensive physical, technical and administrative security methods, including but not limited to the use of a Secure Socket Layer (“SSL”) or other secure connection technologies when receiving or sending personal information beyond internal networks. The Company shall ensure to limit the collection of Personal Information that it collects to the extent that its strictly necessary to provide its Services. The Company shall ensure to have in place comprehensive security policies and procedures that it abides by.
    3.  By employing these safeguards, Company aims to prevent unauthorized access, minimize accidental disclosure, maintain data integrity, and ensure appropriate use of the Personal Information in accordance with current technological and industry standards.
  8.    Does Company Collect Information from Minors?
    1.  Company does not want to, and does not knowingly, collect any data from individuals under the age of eighteen (18). If Company learns that it has collected any such data without the supervision of a parent or legal guardian, Company will take reasonable measures to delete such information immediately and will not use it. If you become aware of any Personal Information that Company has collected from an individual under the age of eighteen (18), without the supervision of a parent or legal guardian, please contact Company immediately by sending an email to [email protected].
  9.    How Do I Opt-out, Remove, or Modify Any Personal Information I Have Provided?
    1.  You can request to have your Personal Information removed or modified by contacting Company directly by sending an email to [email protected]. Please note that Company may retain certain relevant information for record keeping purposes, which includes but is not limited to information regarding sales transactions or that is otherwise needed to complete any ongoing and/or pending transactions.
  10.    How is My Personal Information Shared and Disclosed?
    1.  Company will not sell your Personal Information; however, it may share and disclose your Personal Information for the following reasons:
      • Customer Instructions: You can determine your own policy for sharing and disclosing your Personal Information on the Website. Company does not control how you may choose to share or disclose your Personal Information. Company will share and disclose your Personal Information in accordance with your engagement and instructions.
      • Compliance With Applicable Law: Company may release your Personal Information under certain circumstances where Company believes it is appropriate to comply with any law, regulation, or legal process; enforce its policies; and/or protect Company or others’ right, property, or safety. Company may also be required to disclose your Personal Information if required by law or in response to a valid request by a public authority (e.g., a court or governmental agency).
      • To Enforce Our Rights, Prevent Fraud, and for Safety: To protect and defend the rights, property, or safety of Company or third parties, including enforcing contracts or policies, or in connection with investigating and preventing fraud or security issues.
      • Third Party and Other Disclosures of Personal Information: Company may share your non- private or Personal Information with Third Party Websites, companies, advertisers, social networks, service providers, research and management companies, search engines, law enforcement, hosting partners, and any other party who assists in operating the Website or providing Services to you. If Company is involved in a merger, collaboration, or acquisition, your Personal Information may be transferred. However, Company will provide you with notice before your Personal Information is transferred and becomes subject to a different privacy policy.
      • With Consent: Company may share Personal Information with others when it has written consent to do so.
  11.  How is my Personal Information retained?
    1.       Company will retain your Personal Information only for as long as is necessary to achieve the purposes set out herein, complying with legal obligations, resolving disputes, completing audits, and/or enforcing its agreements and policies.
  12.        Limitation of Liability
    1.    You agree that to the fullest extent allowed by applicable law, under no circumstances will you hold Company liable for any consequential, direct, indirect, incidental, special, exemplary, punitive, pure economic or enhanced damages that are caused or alleged to be caused in connection with your access and use of the Website. Under no circumstances will you hold Company liable for any damages caused by or related to the content of and/or Services offered through the Website.
  13.        Cookies
    1.    Does the Website Use 'Cookies'?
      1.  Yes. Company and its service providers, advertisers, and other third parties use cookies and similar technologies (e.g., HTTP cookies, HTML 5, flash local storage cookies, web beacons, GIFs, embedded scripts, ETags/cache browsers, and software development kits) to recognize you on, off, and across your devices. Cookies are small data files that Company, or its service provider, transfers to your computer's hard drive through your web browser (if you allow) and/or your device that enables Company or its service provider's systems to recognize your browser or device to capture and remember certain information that will provide Company with insights to your online activity.
      2. What are the types of Cookies we use?
        1.  Essential: These cookies are necessary to provide you with Services available through the Website and enable you to use the features available on the Website. They help authenticate users and prevent fraudulent use of accounts and Personal Information.
        2.  Functional: These cookies are required for the Website to function efficiently and are thus always enabled. These include cookies that allow you to be remembered as you explore the Website. These are typically used during the checkout process, as well as during security issues, and when conforming with regulations.
        3.  Performance: These cookies allow Company to improve the Website by tracking your Website usage. These cookies may improve the speed with which Company can process your requests and remember particular preferences you may have selected in connection with your use of the Website.
        4.  Social Media & Advertising: These cookies offer the potential to connect you to your social networks and share content and information from the Website through social media. Advertising cookies collect information to help better tailor advertisements to your interests. These cookies may involve the processing of your personal data.
      3. Why are Cookies Are Used?
        1.  To recognize your browser and/or device.
        2.  To track metrics and understand your Website preferences based on your previous or current activity.
        3.  To save your Website preferences for future visits.
        4.  To compile aggregate data about traffic and interactions on the Website in order to offer a better user experience, as well as improved features, and content in the future. Company may also use trusted third-party service providers that track this information on its behalf.
        5.  Company and its third-party partners and vendors may also use tracking technologies, such as cookies, pixels, and web beacons to collect and store information about you when you use or interact with the Website; and/or engage with marketing communications, advertising content and/or Third-Party Websites in order to provide you with targeted advertising based on your browsing activities and interests. These third parties automatically receive your IP address or mobile device identifier when you access the Website or Third-Party Websites. They may also use tracking technologies to measure the effectiveness of advertisements or other features; personalize the advertising content; and serve you advertisements that are relevant to your regional location. Company may also use information collected using third party cookies and beacons to provide you with advertisements, features, and other content
      4. Can I Disable Cookies and Still Use the Website?
        1.  Your browser can assist you in managing and setting up your cookie preferences. You can choose to have your computer or device warn you each time a cookie is being sent, or you can choose to turn off all cookies. You can do this through your browser or the settings of each individual device you use. There are also general resources for opting out of interest-based advertising available on the Network Advertising Initiative and the Digital Advertising Alliance’s websites. 
        2.  If you choose to disable cookies, you will still be able to access the Website. However, please note that by disabling cookies, some features on the Website may be disabled. Disabling cookies may also affect your experience by decreasing the Website’s efficiency or causing it to not function properly.
  14.        Third Party Links
    1.    Occasionally, at its discretion, Company may include or offer outside third-party advertisements, resources, or other products and services on the Website (“Third Party Links”). These Third-Party Links are governed by separate and independent privacy policies. Therefore, Company has no responsibility or liability for the content and activities of these Third-Party Links. Nonetheless, Company seeks to protect the integrity of the Website and welcomes feedback about these Third-Party Links.
  15.        Behavioural Advertising
    1.    As described herein, Company may use your Personal Information to provide you with targeted advertisements or marketing communications from other businesses. For more information about how targeted advertising works, please visit the Network Advertising Initiative’s educational page at: http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
  16.        Communications; SMS, Emails, and Calls
    1.    You consent to receiving communications, including but not limited to, emails, text messages, and calls regarding the Website, updates to the Website, advertisements and marketing promotions, and any other relevant information. You agree to provide true, accurate, and current Personal Information. Your engagement with the Website may be shared with others in accordance with our Privacy Policy.
  17.        Wireless and Location-Based Features; Social Media Plug-ins
    1.    Data Sharing: You affirmatively consent that Company may use and share your video and image viewing data with third parties until consent is withdrawn. It may track your use for research, analytics, or ad serving purposes. It may share the above information with companies that display ads to you, collect and analyse information, or to social networks.
    2.    Wireless FeaturesWebsite may offer certain features available to you via your wireless device. These features may include the ability to access the Website and receive messages on your wireless device (collectively, “Wireless Features”). Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless device. In addition, your carrier may charge for standard messaging, data, or other fees when participating in Wireless Features. Company is not responsible nor liable for any fees or charges associated with your use of such Wireless Features.
    3.    Terms of Wireless Features: If you register for any Wireless Features then you agree that, in connection with those Wireless Features, we may send communications to your wireless device regarding us or other parties. If you have registered for Wireless Features, then you agree to notify us of any changes to your wireless contact information (including phone number).
    4.    Location-Based Features: When you use one of Company’s location-enabled features, Company may collect and process information about your actual live location. If you have enabled GPS, geo-location, or other location-based features on a device, you acknowledge that your device location may be tracked and may be shared with others. In addition, where the Website collects precise information about the location of your device, it may be used to provide requested location services, and it may be used, amongst other uses, to allow tagging or to check-in. Your browser features should allow for you to disable the location-based features or manage preferences related to them. The location-based services offered in connection with the Website are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or severe physical or property damage. The location-based services are not suited or intended for family finding purposes, fleet tracking, or any other type of business or enterprise use. You acknowledge and agree that should the location based features be enabled on the Website, you have done so voluntarily, on your own accord and you will not hold the Company responsible or liable for any outcome that can result from the use of this feature.
    5.    Social Media Plug-Ins: Social media plug-ins of social networks such as Facebook, Twitter, Instagram, and Google (among others) may be integrated on the Website. If you choose to click on these links, your browser will connect directly to the servers of the relevant social network. The social network directly transmits the content of the plugin to your browser. If you are registered on the relevant social network, the social network receives the information that the web page was used by you. If you are not registered with the social network, there is the possibility that at least your IP address will be submitted to and stored by the social network. If you interact with Company through a social media website, plug-in, etc., then you may be enabling Company to have ongoing access to certain information from your social network profile (such as your name, social networking id page, email address, photo, gender, location, the people, and websites you follow, etc.). If you do not want a social network to collect the information described above, or to share it with us and other third parties, review the privacy policy of the relevant social network and/or log out of the relevant social network before you use the Website. As with other websites, you may be able to delete any existing cookies placed on your computer by the social network via your browser.
  18.        International Transfers
    1.    Company is headquartered in the United States and all data processing takes place in United States as well. However, Company may transfer your Personal Information to service providers and other third parties located outside of your country of residence, including in the United States. This may be necessary for the purposes outlined in this Privacy Policy. Data privacy laws vary from country to country and may not be equivalent to, or as protective as, the laws in your home country. Company takes steps to ensure that reasonable safeguards are in place with the aim to ensure an appropriate level of protection for your Personal Information, in accordance with applicable law. By providing Company with your Personal Information, you acknowledge and agree to any such transfer, storage, processing or use.
    2.    Some functions on the Website can only be provided if Company has your Personal Information, therefore the deletion of your Personal Information may result in the termination of such functions. Company will take reasonable steps to verify and authenticate your identity. Company may require further documentation before granting access to your Personal Information.
  19.    Applicable Laws and Regulations
    1. Applicable for California Residents Only
      1.     Special Notice for California Residents
        1. Company shall not market or advertise to minors specified products or services that minors are legally prohibited from buying. Company shall not market or advertise any products based on the Personal Information provided that is specific to any minor, nor shall it knowingly use, disclose, compile, or allow a third party to do so. Under California’s Privacy Rights for California Minors in the Digital World Act, any minor may request and obtain removal of Personal Information posted on the Website.
      2. California Privacy Rights
        1. California residents are entitled once a year, free of charge, to request and obtain information regarding Company’s disclosure, if any, of certain categories of Personal Information to third parties for their direct marketing purposes in the preceding calendar year. To obtain this information, please contact Company directly.
      3. California Consumer Privacy Act (CCPA)
        1. California residents have the right to receive certain disclosures regarding the collection, use, and sharing of Personal Information, as well as the right to access, delete, and limit sharing of Personal Information. The CCPA defines “Personal Information” to mean “information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.”
      4. “Do Not Sell My Personal Information” 
        1. California residents may opt-out of the “sale” of their Personal Information. California law broadly defines “sale” in a way that may include allowing third parties to receive information such as cookies, IP address and/or browsing behaviour to add to a profile about your mobile device, browser, or you.
      5. Depending on how you use the Website, Company may share the following categories of information for such advertising which may be considered a sale (as defined by California law)
      6. Identification and demographics; device information and identifiers, such as IP address, and unique advertising identifiers and cookies; connection and usage information, such as browsing history; geolocation information, such as city; and inference data.
      7. If you would like to opt-out of the use of your Personal Information for such purposes (to the extent this is considered a sale), you may do so by contacting the Company directly.
      8. Third Parties’ List – Shine the Light 
        1. California residents can also request a list of all the third parties to which Company has disclosed certain Personal Information (as defined by California’s Shine the Light law) during the preceding year for those third parties’ direct marketing purposes. You will need to attest to the fact that you are a California resident. Company will not accept requests by telephone, email, or facsimile, and Company is not responsible for notices that are not labelled or sent properly, or that do not have complete information.
    2. Applicable for Nevada Residents Only
      1.     Special Notice for Nevada Residents
        1. Certain Nevada consumers may opt-out of the sale of Covered Information for monetary consideration to a person for that person to license or sell such information. “Covered Information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online. 
    3. Applicable for Virginia Residents Only
      1.     Virginia Consumer Data Protection Act (Effective January 1, 2023)
        1. Under the Virginia Consumer Data Protection Act (“VCDPA”), certain businesses must give consumers the ability to access, control, and delete personal data that the business collects about them, or that consumers have otherwise provided. Consumers have the right to obtain a copy of data the consumer has previously provided, in a usable format “to the extent technically feasible.”
        2. Virginia consumers can opt out of targeted advertising, the sale of their personal data, or profiling those results in the business providing or denying “financial and lending products, housing, insurance, education enrolment, criminal justice, employment opportunities, health care products, or access to basic necessities, such as food and water.”
    4. Applicable for Utah Residents Only
      1.     Utah Consumer Privacy Act (“UCPA”) (Effective December 31, 2023)
        1. Utah residents have the right to (a) confirm whether a controller is processing consumer’s Personal Data and to access that data; (b) delete consumer’ Personal Data that the consumer provided to the controller; and (c) obtain a copy of the consumer’s Personal Data that the consumer previously provided to the controller.
        2. The UCPA defines “Personal Data” as information that is linked or reasonably linkable to an identified or identifiable individual. Data that cannot be linked to a consumer and publicly available information and the processing of personal data for purely personal or household purposes are excluded from the UCPA. Data controllers must provide consumers with reasonable, accessible, and clear privacy notice. Controllers must establish and maintain reasonable administrative, technical, and physical data security practices to protect the confidentiality and integrity of Personal Data and reduce reasonably foreseeable risks of harm to consumers relating to the processing of Personal Data.
    5. Applicable for Connecticut Residents Only
      1.     Connecticut Data Privacy Act (“CTDPA”) (Effective July 1, 2023)
        1. Under the CTDPA, Connecticut consumers are provided with (a) the right to access; (b) right to correct; (c) right to delete; (d) right to data portability; and (e) right to opt out of the sharing of any Personal Data.
        2. The CTDPA defines a “Consumer” as a Connecticut resident and excludes persons acting in a commercial or employment context. The “Sale of Personal Data” refers to the exchange of personal data for monetary or other consideration by the controller to a third party.
        3. Personal data excludes any deidentified data or publicly available information, where publicly available information means information that is lawfully made available through government records or widely distributed media and a controller has a reasonable basis to believe a consumer has lawfully made available to the general public.
    6. Applicable for Colorado Residents Only
      1.     Colorado Privacy Act (“CPA”) (Effective July 1, 2023)
        1. Businesses must provide consumers with clear privacy notices and conduct data protection assessments for any personal data processing that presents a heightened risk of harm to consumers. Consumers are afforded the right to opt out of the processing of personal data for targeted advertising or for the sale of personal data and provides a “user-selected universal opt-out mechanism.”
        2. Consumers” are defined as residents acting in their individual or household contexts and excludes individuals acting in a commercial or employment capacity, job applicants, and beneficiaries of someone acting in an employment context from its definition of “consumer.” “Personal Data” is defined to mean information that is linked or reasonably linkable to an identified or identifiable individual. The CPA does not extend to deidentified data or publicly available information.
    7. Applicable for EU, EEA, UK and Switzerland Residents Only
      1.     This section applies only to the Personal Information of the residents of the European Economic Area (“EEA”), European Union (“EU”), United Kingdom (“UK”), or Switzerland (collectively, the “Designated Countries”). When we transfer, store, and process the Personal Information of the residents of the Designated Countries, we implement appropriate safeguards applicable to transfer of such Personal Information to and from the Designated Countries in accordance with the terms specified below:
      2.     International Transfers
        1. When we transfer, store, or process your Personal Information in the U.S. or other countries outside of where you reside, we rely on various legal bases to lawfully transfer such Personal Information around the world, including the European Union Commission approved model standard contractual clauses (“SCC”) or the model clauses found in the International Data Transfer Agreement (“IDTA”) issued by the Information Commissioner’s Office, UK.
        2. In addition to such lawful data transfer mechanisms set out in the SCC’s or IDTA, we also adhere to the EU-U.S. Data Privacy Framework Program Principles (“Data Privacy Framework”, “DPF”) regarding the collection, transfer, use, and retention of Personal Information from EU to the United States.
      3.     ​​​​​​​Our Relationship with You
        1. We are the “controller” with respect to your Personal Information because we determine the means and purposes of processing your information when you use our Services.
      4.     ​​​​​​​Privacy Rights
        1. You can exercise your privacy rights by following the instructions set forth in this Privacy Policy or by contacting us at [email protected] . When you make a request, we may verify your identity as well as the residency status to protect your privacy and security. We will process your request in accordance with the applicable data protection laws.
      5. Transfer to a Third Party
        1. We implement industry standard privacy and security measures, and we secure appropriate contractual terms with such third party relating to the transfer of such Personal Information.
      6. For EU Residents
        1. We comply with the EU-U.S. Data Privacy Framework program (“EU-U.S. DPF”) as set forth by the U.S. Department of Commerce and can confirm that we adhere to the EU-U.S. Data Privacy Framework Principles (“EU-U.S. DPF Principles” or the “Principles”) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF. If there is any conflict between the terms in this Privacy Policy and the EU-U.S. DPF Principles, the Principles shall govern. To learn more about the DPF program, and to view our certification, please visit https://www.dataprivacyframework.gov/.
      7. Confirmation and Correction
        1. Pursuant to the EU-U.S. DPF Principles, EU and UK individuals have the right to obtain our confirmation of whether we maintain Personal Data relating to you in the United States. Upon request, we will provide you with access to the Personal Data that we hold about you subject to the processes and conditions stated in this Privacy Policy. You may also correct, amend, or erase the Personal Data we hold about you if it is incorrect or has been processed in a manner inconsistent with the Principles. 
        2. An individual who seeks access to, or who seeks to correct, amend, or erase inaccurate Personal Data transferred to the United States under the DPF Principles, should direct their query to [email protected]. If requested to erase or remove Personal Data, subject to verification of your identity and other safeguards we employ, we will respond within a reasonable timeframe.
  20.    Changes to this Privacy Policy
    1. Company is constantly aiming to improve the Website. Therefore, this Privacy Policy may be amended from time to time at Company’s discretion. Company reserves the right to modify or update the Privacy Policy at any time. It is your responsibility to review the Privacy Policy frequently for updates. Changes and clarifications will take effect immediately upon their posting to the Website.

If you have any questions regarding this Privacy Policy or if you want to verify, modify, receive, suspend, or delete your Personal Information, you can reach Company directly using the contact information below:

Email: [email protected] 

Mailing Address: MySkillit, Inc., PO Box 230632, Las Vegas, NV 89105

Terms and Conditions

Last Updated: February 20, 2024

MYSKILLIT, INC. (referred to as “Company, “we”, or “our”) is a discovery booking platform that facilitates in-person entertainment and learning experiences (the “Services”) for individuals looking to engage in curated experiences (referred to as “Skillit(s)”) from individuals or organizations that teach these unique skills (referred to as “Maker(s)”).

The following Terms and Conditions (hereinafter referred to as the “Terms”) between you, and/or any individual that you are signing on behalf of to participate in the Skillit when purchasing (which shall be collectively referred to as “you”, “your”, or “Learner(s)”) and Company, describe the specifications in which you may browse, register, access, create a profile, communicate, and/or book a Skillit, on Company’s website www.myskillit.com (the “Website”). Any use of the Website is conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein. By using the Website, you agree to be bound by the Terms. If you do not agree to all of the Terms, you may not use the Website.

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY APPLY TO YOU. YOU SHOULD ALSO CAREFULLY REVIEW COMPANY’S PRIVACY POLICY BEFORE USING THE WEBSITE OR SERVICES. YOU MAY NOT USE THE SERVICES IF YOU (a) DO NOT AGREE TO THESE TERMS; OR (b) ARE PROHIBITED FROM ACCESSING OR USING THE WEBSITE OR ANY SERVICES BY ANY APPLICABLE LAW.

Any new features or tools which are added to the Website shall also be subject to the Terms outlined herein. You can review the most current version of the Terms at any time via the Website. Company reserves the right to update, change, or replace any part of the Terms at any time by posting updates and/or changes on the Website, at its sole discretion without any notice to you. Your continued use of, or access to the Website, following the posting of any changes to the Terms constitutes acceptance of those changes.

For the avoidance of doubt, these Terms apply to all individuals that are participating in any Skillit, including any parent or guardian that is registering on behalf of a minor, regardless of if there is one Account or purchaser.

  1. Registration
    1. In order to access or use the Website or any of our Services, you will be required to create an account (“Account”). To register and create an Account, you must provide your first and last name, email address, username, password, shipping, billing, and payment information (together your “Personal Information”). You represent and warrant that at all times (a) the information that you provide shall be true, accurate, current, and complete; and (b) you will keep your Account up to date. Company is not responsible for any errors made by you when entering your Personal Information.
    2. Our Services may allow the sharing of your information, including but not limited to, your Account, certain Personal Information, your profile, links that you share, information about your business, products, services, videos, and private or public messages. Your engagement with our Services (including but not limited to, interaction with other Learners, posting on forums, advertisements, or user generated content viewed or accessed) may be shared with others in accordance with our Privacy Policy and these Terms.
    3. You are responsible for (a) all activities that transpire on or with your Account including but not limited to sharing any information with other Learners and Makers; (b) any content you contribute, in any manner, to your Account and the Website, whether it be publicly displayed or personally transmitted between Makers and other Learners; and (c) any act or omission related to your Account, or the use thereof, that would be deemed a violation of the Terms or the Privacy Policy.
  2. Prices and Payments
    1. No Initial Fee. There is no initial fee for Learners to create an Account with Company.
    2. Prices and Payment. Unless otherwise noted, prices for each Skillit shall be listed on the Website. Learners can submit payments directly through the Website, via Stripe, a third-party payment application. You authorize Company to share your Personal Information, including any billing and transaction information related to your use of the third-party payment processing service. Payment processor fees may vary but are typically between 3-5%. You understand and agree that by accessing our third-party payment providers, you are doing so at your own risk. The Company. shall not accept or undertake any liability in relation to the processing of your data or Personal Information processed through any third-party payment application and your sole and exclusive right and remedy against such third-party payment application shall be limited to the terms and conditions set out in their respective terms of use.
    3. Non-Circumvent. You agree that by creating an Account and using our Services that all transactions and bookings of any Skillits shall take place on the Website. Under no circumstances shall you attempt to contact or accept any type of Skillit or experience similar to a Skillit directly from a Maker that you found on the Website.
  3. Rewards and Promotions
    1. Rewards Program. Company offers a rewards program that is integrated into each Skillit. For every Skillit completed, there are badges rewarded on your Account profile page. Badges do not currently have any monetary value but showcases the types of skills that you have learned by engaging in our Services. There are currently five (5) different badges that you can receive.
    2. Promotions. Company may offer discounts, sales, and/or reward system benefits on the Website (“Promotions”). Any prices, discounts or reward system requirements are subject to change without notice. Promotions may affect pricing and may be governed by terms and conditions separate from these Terms. If there is a conflict between the terms and conditions for a Promotion and these Terms, that promotion’s terms and conditions shall take priority and govern that specific circumstance.
  4. Service Terms
    1. By agreeing to these Terms, you represent that you are at least eighteen (18) years of age or older. Minors may use the Website and or engage in a Skillit under the supervision of their parents or a legal guardian who has agreed to be bound by these Terms. If you are a parent or legal guardian agreeing to these Terms on behalf of a minor, you are fully responsible for their use of the Website, and engagement in any Skillit, including all risks and liabilities.
    2. Company reserves the right to refuse access to the Website and/or any of the Services to anyone at any time and for any reason, including but not limited to, any breach or violation of these Terms. Company reserves the right but does not have any obligation to pre-screen, refuse, and/or delete any Services or content from the Website.
    3. You may not use the Services for any illegal or unauthorized purpose, nor may you violate any laws, rules, or regulations in your jurisdiction. You represent and warrant that you are using the Website for your own personal use and not for resale, export, or any other unauthorized use. A breach or violation of any of the Terms will result in an immediate termination of the Services.
    4. You agree not to use the Website or Services for the purpose of any harmful or deceitful conduct, including, but not limited to, the following: (a) causing harm to minors in any manner whatsoever; or (b) impersonating any individual or entity, or otherwise misrepresenting any affiliation with an individual or entity.
    5. You agree that Company may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your use of or access to any of the Services or the Website at our sole discretion, for any reason, including but not limited to:
      1. any breach or violation of these Terms, or any other incorporated agreement, regulation, or guideline;
      2. by way of request from law enforcement or any other governmental agencies;
      3. the discontinuance, alteration and/or material modification to our Services, or any part thereof;
      4. any engagement by you in any fraudulent or illegal activities; and/or
      5. the non-payment of any associated fees that may be owed by you in connection with your Account. Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regard to the termination of your account, associated email address and/or access to any of our Services.
  5. Cancellation or Pausing Account; Refunds
    1. Pausing Account. Learners may pause or delete their Learner Account if all payments due are rendered.
    2. Cancelling Account. Learners may cancel their Account at any time with no cancellation fee, however any payments made toward a future or past Skillit will be non-refundable.
    3. Cancelling a Skillit. A Learner is required to notify Company in writing of a cancellation request of any pre-booked Skillit, at least forty-eight (48) hours prior to the scheduled date of the Skillit (the “Allowed Time”). If Learner cancels prior to the Allowed Time, all booking fees are non-refundable and Learner will be afforded the option of either a refund of the total purchase price of the Skillit, less the booking fee, or a credit for a future Skillit. If credits are provided, Learner may apply such credits to order a future Skillit and will not incur an additional booking fee for such Skillit ordered with their credits. If Learner fails to cancel a pre-booked Skillit prior to the Allowed Time, they will not be eligible for any refund or credit. For avoidance of doubt, if the Learner attempts to cancel under forty-eight (48) hours), then they shall be responsible for the entire amount of the Skillit including the booking fee.
    4. Company is not responsible for errors made by you during the ordering or cancelling process. If you are unhappy with the Services, contact the Company directly at [email protected]. Company shall address any issues, concerns, or dissatisfactions on a case-by-case basis.
  6. Accuracy, Completeness, and Timeliness of Information
    1. Company shall not be held responsible if information made available on the Website is not accurate, complete, or current. For clarity, you are relying on any information found on the Website at your own risk.
    2. Company reserves the right to modify or update the contents of the Website at any time. It is your responsibility to monitor the Website for any changes that may occur. Company strives to display accurate price information, however, on occasion, there may be inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. Company reserves the right to correct any errors or omissions at any time without notice, and to cancel any orders arising from such occurrences.
  7. Intellectual Property & Proprietary Rights
    1. Company owns, solely and exclusively, all right, title, and interest in and to its Services and the Website; all content, software code, data, the look, feel, design and organization of the Website; and the compilation of the content, code, data, and materials on the Website, including but not limited to any intellectual property and/or proprietary rights. Company reserves all rights in and to the Website not granted expressly in these Terms. You acknowledge and agree that you will not sell, distribute, transmit, broadcast, publicly perform and/or create any plagiaristic works which are based on Company’s Website, in whole or in part.
    2. If you post, upload, or make available any, information, data, text, files, communications, or other materials regarding the Website, your use of the Services, or your experience in any Skillit on any third party website, blog, article, or social media website (“Your Content”), you hereby grant Company a perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable, transferable (in whole or part), worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform, or otherwise exploit Your Content including your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter, including but not limited to advertising, promoting, and marketing the Website and Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve Your Content or any use of Your Content. You waive all moral rights to Your Content, which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation on our part, whether of confidentiality, attribution or otherwise, and we will not be liable for any use or disclosure of any Your Content.
  8. Acceptable Website Use
    1. You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, “Post” or “Posting”) on the Website or as part of the Service (collectively, “Content”). You may not Post on the Website or as part of the Service, or transmit to the Website any material or engage in conduct on or through the Website that is: (i) in violation of any applicable law or regulation; (ii) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; (iii) in a manner that is offensive, inaccurate, profane, intimidating, defamatory, obscene, threatening, abusive or hateful; or (v) that expresses or implies that any statement(s) you make are endorsed by Skillit, the Website, or any related websites, affiliates or subsidiaries. You represent and warrant that all information that provided upon registration is accurate and truthful and that you will promptly update any information provided by You that subsequently becomes inaccurate, misleading or false.
    2. Skillit reserves the right, but has no obligation, to monitor any Content you post on the Website or as part of the Service. Skillit may remove any Content for any reason whatsoever. Without limitation, Skillit may remove Content that, in its sole opinion, violates, or may violate any applicable law, or the letter or spirit of this Agreement. Skillit may also remove any Content upon the request of any third party, or for any other reason whatsoever. Skillit, in its sole discretion, may suspend or ban anyone who posts Content that is objectionable for any of the reasons given in this paragraph or for any other reason.
    3. You are prohibited from violating or attempting to violate the security of the Website, including, without limitation: (i) accessing data not intended for You or logging into a server or account that You are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network or breaching (or attempting to breach) security or authentication measures without proper authorization; (iii) attempting to interfere with or disrupt the Service or the Website including, without limitation, by way of submitting a virus to the Website, overloading, flooding, spamming, mail bombing or crashing; (iv) sending unsolicited email, including promotions and/or advertising of products or services; (v) forging headers or otherwise manipulating identifiers in order to disguise the origin of any information transmitted to or through the Website or Service (either directly or indirectly through use of third-party software); (vi) using (or attempting to use) any engine, software tool, agent, or other device or mechanism, any robot, spider, site search/retrieval application, or any manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Website, Service or its Contents; or (vii) modifying, adapting, sublicensing, translating, selling, reverse engineering, deciphering, decompiling or otherwise disassembling any portion of the Service or the Website, or any software used on or for the Service or the Website, or causing others to do so.
    4. The Website may only be used for lawful purposes and You represent, warrant, and agree that You will not use (or plan, encourage or help others to use) the Website or the Service for any purpose or in any manner that is prohibited by this Agreement or by applicable law. It is your responsibility to ensure that your use of the Website and the Service complies with this Agreement, and to seek prior written consent from Skillit or Skillit for any uses not permitted or not expressly specified herein. Skillit specifically prohibits any use of the Website or the Service, and You hereby agree not to use the Website or the Service, for any of the following:
      1. Posting any incomplete, false, misleading or inaccurate Content about yourself and/or your profile;
      2. Posting any Content that is not entirely your own or which You do not have full rights to use;
      3. Impersonating or otherwise misrepresenting an affiliation, connection or association with any person or entity;
      4. If You have a password, allowing any other person to access a non-public area of the Website, disclosing or sharing your password to or with any third parties or using your password for any unauthorized purpose; using meta tags or code or other devices containing any reference (express or implied) to the Website or the Service (or any trademark, trade name, service mark, logo or slogan of the Website) to direct any person to any other website for any purpose;
      5. Soliciting, from other users, passwords or personal identifying information for commercial or unlawful purposes, or for any other reason that would constitute a violation of this Agreement;
      6. Engaging in advertising to, or solicitation of, other Members to send money, or buy or sell any products or services. You may not transmit any chain letters or junk/spam email to other Members. If You breach the terms of this subsection and send or post unsolicited bulk email, spam, or other unsolicited communications of any kind through the Service, You acknowledge that You will have caused substantial harm to Skillit;
      7. Posting advertisements or solicitations of employment, business or pyramid schemes;
      8. Using the Website or Service for activities that violate any law, statute, ordinance or regulations;
      9. Using the Website or Service to encourage, promote, facilitate or instruct others to engage in illegal activity;
      10. Bullying, stalking, intimidating or otherwise harassing any other Members or Company employees or representatives;
      11. Framing or mirroring any part of the Service or the Website, without the Company’s prior written authorization;
      12. Using the Service in order to damage Skillit or any of Skillit’s related websites, affiliates or subsidiaries;
      13. Using the Website for any competitive purpose, including copying, soliciting, competitive or market analysis or any other use by a competitor;
      14. Any other use that violate the Terms, Privacy Policy and/or any applicable law, including without limitation laws related to export controls.
  9. Ratings and Reviews
    1. You may have the option to provide a rating and/or review of the Website, Services, and Skillit (“Feedback”). Any Feedback you leave must reflect your honest opinion. Company may remove Feedback at any time, without notice. Company, in its sole discretion and for any reason, may also deny permission to any specific Learner to leave Feedback.
    2. You agree not to make or communicate to any person or entity, in any media or public forum, including any social media network, any comments or statements (written or oral) that intentionally or unintentionally would, or is reasonably certain to, disparage, create a negative impression of, or is detrimental to the reputation of Company, including any of its associated employees, contractors, Maker, or any participating Learner.
  10. Communications Not Confidential
    1. It is our policy not to accept or consider content, information, ideas, suggestions, or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your content, information, ideas, suggestions, or other materials are similar to those we have developed or are developing independently. Accordingly, we do not accept unsolicited content, information, ideas, suggestions, or other materials, and take no responsibility for any content, information, ideas, suggestions, or other materials so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that we are free to use any such content, information, ideas, suggestions, or other materials, for any purposes whatsoever and in our sole discretion, including, without limitation developing and marketing products and services, without any liability or payment to you.
  11. No Professional Advice
    1. As outlined in the Disclaimer, the information provided by Company and its Makers does not, and is not intended to, constitute any type of medical or professional advice. You assume the sole responsibility of evaluating the merits and risks associated with the use of any information from the Services, Skillits, and Website. For the avoidance of doubt, Company does not act as an employee, manager, doctor, counsellor, or other agent to you.
  12. No Harassment
    1. You will not harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Service to You. If we feel that your behaviour towards any of our employees or agents is at any time threatening or offensive, we reserve the right to immediately terminate your Membership and You will not be entitled to any refund of unused Skillits.
  13. Disclaimer of Warranties and Limitation of Liability
    1. Assessment of Risk. You acknowledge that you are solely responsible for your own assessment as to whether to purchase a Skillit. Company does not make any representations or guarantees about the truth, quality, efficacy, or accuracy of a Maker’s listing or other content on the Website; does not verify any feedback or information provided by users of the Website about the Makers and does not otherwise vet or perform background checks on the Makers. Please note that Company solely relies on statements made by Maker that Maker is experienced in the area of their claimed expertise. You acknowledge, agree, and understand that the Company does not, in any way, supervise, direct, control, or evaluate the Makers or their work and is not responsible for any services, project terms or the Maker’s work product. Company makes no representations about and does not guarantee, and you agree not to hold the Company responsible or liable for, and the Company does not take any responsibility or liability for the content, quality, safety, or legality of the Makers’ services; the qualifications, background, or identities of Makers on our Website; the ability of the Makers to deliver services; or statements or posts made by Makers or Learners.
    2. Non-Discrimination. For the avoidance of doubt, Company does not discriminate against any gender identity and welcomes support from all individuals regardless of gender. Any complaints regarding discrimination are taken seriously and Company has a policy to address such concerns.
    3. Data Privacy. You understand that the use of third-party servers or platforms may involve transmission of data over networks that are not owned, operated, or controlled by Company, and Company is not responsible for any data lost, altered, intercepted, or stored across such networks. Company cannot guarantee that its security procedures will be error-free, and that transmission of data will always be secure.
    4. Alcohol or Substances. Learners may have the option to consume, purchase, or produce alcohol or other substances in connection with the Skillit offered through the Website. Each Learner hereby agrees that it will comply with all applicable laws and not cause any party to contravene any applicable laws. Each Learner hereby agrees that if it signs up for any Skillit involving the consumption, purchase, or production of alcohol or substances, that: (a) it is of legal age for such activities; and (b) it may be harder to maintain appropriate social distancing, mask wearing, and other COVID-19 precautions if participants have consumed alcohol or other substances. Each Learner hereby agrees to provide valid government-issued identification proving its age to Makers or to the Company upon request, to the extent reasonably required to verify that its participation in Skillit will not violate applicable laws. Each Learner hereby agrees that if any applicable legal requirements with respect to its consumption, purchase, or production of alcohol or drugs are not met, Company reserves the right to cancel its order without refund. To the extent a Skillit involves the consumption of alcohol or any substances, each Learner hereby agrees to consume such products responsibly and not to drive under the influence of such products.
    5. Disclaimer. THE USE OF THE WEBSITE AND THE SERVICES ARE AT YOUR SOLE RISK. ALL SERVICES OFFERED ON THE WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY: (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (c) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
    6. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE WEBSITE WILL CREATE ANY WARRANTY REGARDING ANY OF COMPANY’S SERVICES. YOU ASSUME ALL RISK AND LIABILITY FOR ANY HARM OR DAMAGE THAT MAY RESULT TO YOU FROM YOUR USE OF OR ACCESS TO THE WEBSITE AND/OR THE SERVICES, YOUR DEALINGS WITH ANY MAKER OR LEARNER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE WEBSITE. YOU UNDERSTAND AND AGREE THAT YOUR USE THE SERVICES; AS WELL AS YOUR USE OR ANY MATERIALS OR CONTENT OBTAINED THROUGH THE WEBSITE AND ANY ASSOCIATED WEBSITES OR SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF OUR WEBSITE.
    7. THE ABOVE PARAGRAPHS APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES, IN PARTICULAR A DISCLAIMER OF WARRANTIES PROVIDED OR IMPLIED BY LAW, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
    8. Exclusion of Liability. IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT,INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE, OR PURE ECONOMIC DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
    9. Limitation of Liability. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO ANY PAYMENT MADE BY YOU TO COMPANY DURING THE TWELVE (12) MONTHS PRECEDING THE INCIDENT TO WHICH THE LIABILITY AROSE.
    10. In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice that may be posted on the Website is for informational purposes only. Company makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional advice, you should consult with a trained and qualified professional.
    11. The limitation of liability set forth above shall: (a) only apply to the extent permitted by law; and (b) not apply to: (i) liability resulting from our gross negligence or wilful misconduct, or (ii) death or bodily injury resulting from our acts or omissions.
    12. Indemnity. To the fullest extent permitted by applicable law, You release and hold harmless, the Company from responsibility, liability, claims, demands or damages of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of, or related to, disputes between users and the acts or omissions of third parties. You expressly waive any rights You may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which You may know or suspect to exist in your favour at the time of agreeing to this release.
  14. Arbitration and Disputes
    1. Disputes. While we may help facilitate the resolution of disputes, Company has no control over and does not guarantee: (a) the quality, reliability, accuracy, or effectiveness of any Services or Skillits; (b) the truth or accuracy of any listing descriptions, ratings, reviews, or other users; or (c) the performance or conduct of any third party. Company does not endorse any Maker. Any references to a Maker being “verified” (or similar language) only indicates that the Maker has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Company about any Maker’s ability or quality. Learners should always exercise due diligence and care when deciding whether to purchase a Skillit, engage a Maker, or communicate and interact with other users, whether online or in person.
    2. Release. Company is not a party to any services between Learners, therefore Learners hereby release and hold harmless the Company, its affiliates and their respective directors, officers, shareholders, employees, agents, service providers, representatives, contractors, licensors, suppliers, successors and assigns from and against any and all claims, injuries, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including legal fees), known and unknown, arising out of or in any way connected with any dispute that a Learner shall have with another Learner, whether it be at law or in equity that exist as of the date of these Terms.
    3. If a controversy or claim should arise, the Company and the Learner (referred to each as a “Party” and together the “Parties”) will first attempt in good faith to resolve such controversy or claim by negotiation. If the matter has not been resolved within thirty (30) days by negotiation, Parties will attempt in good faith to resolve the controversy or claim in accordance with mediation, with mutually agreeable rules. If the matter has not been resolved by mediation within sixty (60) days of the commencement of mediation, or if either Party will not participate in mediation, then the controversy shall be settled by binding C. The written decision of the arbitrator shall be final and binding. The arbitration shall be administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and supplementary procedures for consumer related disputes of the American Arbitration Association. excluding rules or procedures governing or permitting class actions. Parties agree that there shall be no pre-arbitration discovery and the arbitrator shall not award punitive damages to either of the Parties. Judgment may be entered in any court having jurisdiction.
  15. Notices
    1. Company may provide any notice to you under the Terms by: (a) sending a message to the email address you provided; or (b) by posting directly to the Website. Notices sent by email will be effective on the date the email is sent, and notices that are posted on the Website will be effective upon posting. It is your responsibility to keep your email address current and review new notices.
    2. To provide Company notice under these Terms, you must contact us by email, personal delivery, overnight courier, or by certified mail. Notice provided by email shall be effective upon being sent.
    3. Notice provided by personal delivery shall be effective immediately. Notice provided by overnight courier shall be effective one (1) business day after it is sent. Notice provided by certified mail shall be effective three (3) business days after it is sent.
  16. Miscellaneous
    1. Third Party Content. Our Services shall contain links and references to other third-party service providers (“Third Party Content”). Company is not responsible for any Third Party Content or the actions of those providing such content. Any information regarding a third party found on the Website does not imply that Company endorses or accepts any responsibility or liability for the third party, or vice versa.
    2. Indemnification. By using the Service, you agree to indemnify, hold harmless, and defend Company from any claims, damages, losses, liabilities, and all costs and expenses of defense, including, but not limited to, attorney’s fees resulting directly or indirectly from a claim by a third party that is based on your use of the Services.
    3. Privacy Policy. Company respects your privacy and is committed to protecting it. To learn more please visit the Privacy Policy available on the Website, which governs the processing of all personal data collected from you in connection with your use of the Website. You acknowledge and consent to the collection and use of your personal information by Company.
    4. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of Nevada without giving effect to any choice or conflict of law provision or rule.
    5. Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
    6. Waiver. The failure by Company to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Company.
    7. Force Majeure. Company will not be liable or responsible to you, nor be deemed to have defaulted or breached the Terms, for any failure or delay in our performance under the Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
    8. Notice to California Users. Under California Civil Code Section 1789.3, California users of our Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
    9. Compliance. You agree to comply with all laws, restrictions, and regulations relating to the export of products and information. For purposes of the United States of America Export Administration Act (“Export Laws”), each user states that such user is (a) not a citizen, or otherwise located within an embargoed nation (including without limitation the Office of Foreign Assets Control (“OFAC”) comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan, and certain specially designated nationals listed by OFAC as updated from time to time and (b) not otherwise prohibited under the export laws from receiving such products and information. Funds may be frozen and/or turned over to the applicable governmental agency if a Campaign is deemed to be in violation of export laws.
    10. Notice to New Jersey Clients.  If you are residing in New Jersey, the following provisions of these Terms do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) the disclaimer of liability for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code, and New Jersey Consumer Fraud Act; (b) the limitations of liability for lost profits or loss or misuse of any data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) application of the limitations of liability to the recovery of damages that arise under contract and tort, including negligence, strict liability, or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (d) the requirement that you indemnify Company (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (e) the Delaware governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law.
    11. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action against Company arising out of or related to the use of the Website must be filed within two (2) years after such claim or cause of action arose or be forever barred.
    12. Entire Agreement. These Terms constitute the sole and entire agreement between you and the Company regarding the Website, and your use thereof, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. These Terms and our Privacy Policy will be deemed final on the matters contained herein. You may also be subject to additional Terms that may apply if you make a purchase from a third party. You acknowledge and agree that these Terms are binding and shall govern the relationship between you and Company in connection to the use of its Services defined herein.

If you have any questions, please contact Company directly:

Email: [email protected]

Mailing Address: MySkillit, Inc., PO Box 230632, Las Vegas, NV 89105

 

Disclaimer

By using our website, www.myskillit.com (the “Website”), or engaging in any of our services, including, but not limited to: (a) creating a Skillit (b) purchasing a Skillit; or (c) creating an Account (together our “Services”) you and any individual that you are signing on behalf of to participate in the Skillit when purchasing (together referred to as “you” or “your”) hereby agree and accept all parts of this disclaimer (“Disclaimer”). If you do not agree to the terms of this Disclaimer, do not use the Website, or engage with the Company for its Services.

For the avoidance of doubt, this Disclaimer applies to all individuals that are participating in any Skillit, including but not limited to a Maker, a Learner, any parent or guardian that is registering on behalf of a minor, regardless if there is one Account or purchaser.

We reserve the right to modify this Disclaimer, and such modifications shall be effective immediately upon the terms being uploaded on the Website and we may not send separate information regarding such updates. You agree that you will periodically review the terms herein and we shall presume that you have reviewed or are aware of the updated terms by virtue of your continuous usage or access of the Website.

You hereby acknowledge and agree that the Website is governed by its Terms and Conditions and Privacy Policy, both of which contain disclaimers that may be similar or identical in nature to those set forth herein. If you engage with the Website as a Maker, you further acknowledge and agree that the Maker Agreement applicable to you may incorporate disclaimers that are similar or identical to those found in the Terms and Conditions and Privacy Policy. In the event of any conflict or inconsistency among the disclaimers contained within the Maker Agreement, Terms and Conditions, and Privacy Policy, the disclaimers in the Maker Agreement shall take precedence and be controlling.

By using the Website and/or enlisting the Services the Company offers, you acknowledge and agree to the following:

Informational Purposes Only. The content available on the Website is for informational purposes only. You agree and understand that the use of the Website is at your own risk. The Website is being made available to you on an “as is” and “as available” basis without providing any warranties, guaranties, or conditions as to the usage, being free from any faults, defects, interruptions, errors, viruses or to the accuracy, reliability, availability of the contents of the Website. You agree and understand that we shall not be responsible for any interference or damage that may be caused to your computer resource or any hardware device which arises in connection with your access to our Website through that device. When engaging in any of the Services, whether virtually, in-person, by phone, e-mail or otherwise, you acknowledge that Company is solely a technological Website.

Not Medical, Mental Health, or Religious Advice. The information provided in or through the Website, any Skillit, and/or Services is not intended to be a substitute for professional medical advice, diagnosis, or treatment that can be provided by your own medical provider (including doctor/physician, nurse, physician’s assistant, or any other health professional), mental health provider (including psychiatrist, psychologist, therapist, counselor, or social worker), or member of the clergy. Therefore, do not disregard or delay seeking professional medical, mental health, or religious advice because of information you have read on the Website. Do not stop taking any medications without speaking to your own medical provider or mental health provider. If you have or suspect that you have a medical or mental health problem, contact your own medical provider or mental health provider promptly.

Not Legal or Financial Advice. The information contained on the Website and/or through the Services is not intended to be a substitute for legal or financial advice that can be provided by an attorney, financial advisor, or accountant. Company acknowledges that it takes care in preparing the information provided to you, however, Company cannot be held liable for any errors or omissions and Company accepts no responsibility whatsoever for any loss or damage that arises in any manner. The law varies and is constantly changing from state to state, therefore affecting individuals and businesses in different ways. As a result, it is recommended you obtain outside financial and/or legal counsel relating to any specific concerns you may have. Company hereby advises you to consult with your accountant, financial advisor, or lawyer for any questions and concerns you have, may have, or hereafter have regarding your income, taxes, or legal matters.

Respect and Inclusivity. Company maintains a respectful and inclusive community. You are expected to adhere to our community guidelines, which prohibit hate speech, harassment, discrimination, and any harmful conduct. If you encounter any violations of our community guidelines or have concerns about a Skillit or user, please report it to us immediately.

Personal Responsibility. The Website and the Services aim to accurately represent the information provided to you. You acknowledge that you are participating voluntarily in using the Website and/or the Services, and that you are 100% solely and personally accountable and responsible for your purchases. You agree to use your own judgment and effort before engaging the Company for its Services or purchasing a Skillit.

No Guarantees. Company does not guarantee that you will attain a particular result from the Services or the Skillit. The decision to purchase any Skillit is the sole discretion of the Learner, and we do not endorse, guarantee, or assume any responsibility of the Skillits on the Website.

Testimonials. Company may present real world experiences, testimonials, and insights about other people’s experiences for purposes of illustration only. The testimonials, examples, and/or photos used are of actual Makers and Learners, or they are comments from individuals who can speak to Company’s character and/or the quality of the Services. Each user has approved of these testimonials, examples, and photos for use by Company in materials to speak to the Services and/or Skillit, but they are not intended to represent or guarantee that current or future clients will achieve the same or similar results.

Assumption of Risk. There may be unknown risks or circumstances that arise during the use of the Website, Services, and Skillits that are unforeseen. Company is not responsible for your personal choices or actions before, during, or after using the Website and/or the Services. You agree and understand that any mention of, or any recommendation on or through Website, Services, and in any Skillits is to be taken at your own risk, with no liability on Company. You accept full responsibility for the consequences of your use, or any non-use of any information provided by the Website, the Services, a Skillit, or any person acting on behalf of Company. Using the information provided is at your own risk and Company is absolved of any liability or loss that you, your organization, your business, or any other person may incur from your use or non-use of the information and/or Services provided.

Limitation of Liability. Company will not be held liable or responsible in any manner for the information or materials that you obtain, request, or receive through the Website, Services, and any Skillits. In no event will Company or any affiliated representative be liable to you, or to any other party, for any type of damages whatsoever, including, but not limited to, direct, indirect, incidental, special, consequential, pure economic or equitable damages for any use of or any reliance on the Website, Services, and any Skillits. Company does not assume liability for any loss, damage, accidents, personal or business interruptions, injuries, or any type of loss or damage or otherwise, due to any act or default by Company or any affiliated representative, or any person acting on behalf of Company.

Risks of Injury. Company is not responsible for any injuries, damages, or losses that occur from engaging in any Skillit, including but not limited to burns, drowning, lost items, or any other potential risks associated with any activity. You are advised to exercise caution, follow safety guidelines, and use proper equipment to minimize risk of harm. By participating in any Skillit, you acknowledge and accept the inherent risks involved and agree to hold Company harmless from any and all liabilities.

Data Collection. When you access or use the Website and/or Services, Company needs to collect, use, and otherwise process your information. Company strives to only collect the minimum amount of personal data needed to carry out the Services successfully. Company is committed to respecting your privacy and Company aims for full transparency on how Company uses the collected information to comply with lawful or other legal purposes. Company may process communication data, customer data, user data, technical data, and/or marketing data to deliver the Website and its content and/or the Services. Company may also use such data to send certain marketing communications. Please review the Company's Privacy Policy for more information.

Indemnification and Release of Claims. You hereby fully and completely indemnify, release, and hold Company harmless from any and all liability, damages, claims, including, but not limited, to those related to lost profits, business or personal interruptions, personal injuries, accidents, misapplication of information or any type of loss or damage. You agree to fully and completely indemnify and release Company from any and all causes of action, allegations, suits, claims, demands, in law or equity that may arise from any past, present, or future activity or that arises from your participation in, use or relation to the Website, Services, and any Skillits. In the event you engage on the Website, Services, and any Skillits, you agree to be solely liable, accountable and responsible for any issues, errors, omissions, actions, or consequences resulting therefrom.

Errors and Omissions. Company makes vigilant efforts to ensure the information on the Website or provided through the Services and any Skillit is accurate, however, the information may inadvertently contain errors, including, but not limited to, technological errors or other inaccuracies. Company is not responsible for the opinions, views, or accuracy of facts referenced on or through the Website, Services, Skillit, or any representative or affiliated person of Company. However, the Company assumes no liability or responsibility against the User Content that is transmitted between Leaners and Makers or if such is posted in a public forum or the contents included in any Skillit.

No Warranties. Company makes no express or implied representations or warranties of any kind, including, but not limited to, the operation of the Website, or information, content, User Content and materials included on the Website, Services, or any Skillit to the fullest extent permissible by applicable law. Company disclaims all warranties of merchantability and fitness for a particular purpose. Company will not be liable for any damages of any kind arising from the use of the Website, Services, and any Skillits.

Force Majeure. No party shall be liable or responsible to the other, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, which shall include but not be limited to, illness, emergency, fire casualty, strike, unsafe environment, threat, act of God, or pandemic (“Force Majeure Events”). The Impacted Party shall give notice within ten (10) days of the Force Majeure Event to the other Party, stating the period of time the occurrence is expected to continue. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause.

Affiliates. Company may from time to time promote or partner as an affiliate with other individuals or companies whose services or programs align with Company’s. For purposes of transparency, Company wants you to be aware that there may be circumstances where Company promotes or markets for partners and in exchange, will receive financial compensation in the form of affiliate fees and/or other forms of rewards. In these instances, note that Company is highly selective as to the people, programs, products, and services of whom promotions may involve. Additionally, any promotion or marketing does not serve as any form of endorsement. You are required still to use your own judgment when using or purchasing any such affiliation program, product, or service that is appropriate for you as Company waives all liability as related to any of these affiliation programs that you may engage in.

No Endorsement. References or links on the Website to any other individual’s business or organization’s information, advice, products, services, or programs do not constitute Company’s formal endorsement.

Contact Us. By using Company’s Website, Services, or engaging in any Skillit, you implicitly signify your agreement to all parts of this Disclaimer. If you have any further questions regarding this Disclaimer, please contact us at [email protected].