Terms of Service
Last Revised: October 19, 2016
ABOUT THE SERVICES
Skedaddle operates a social, web-based platform for crowdsourced transportation on chartered vehicles. On the Skedaddle platform, there are two ways to participate in routes. First, you can create and organize private routes on chartered vehicles (each a “Private Route”); invite friends to participate in the Private Routes; and join Private Routes that you have been invited to join. Second, you can create and organize routes available to the public generally or participate in routes created by Skedaddle and its promotional partners (each, a “Public Route”, and together with Private Routes, each, a “Route”), and you can invite friends to participate in Public Routes, too. With respect to Private Routes, Skedaddle’s proprietary dynamic pricing model adjusts the Ticket Price based on the number of passengers on a Route so you may be rewarded with lower Ticket Prices when your friends participate in Skedaddle’s ridesharing Services. With respect to Public Routes, Skedaddle offers discount incentives for the first fifteen participants to sign on to a Public Route, as described below.
THIRD PARTY SERVICES
The Services may display, include or make available content, data, information, applications or materials from Third Party Services (“Third Party Materials”) or provide links to certain third party websites. By using the Services, you acknowledge and agree that Skedaddle is not responsible for examining or evaluating the content, accuracy, availability, reliability, completeness, timeliness, validity, copyright compliance, legality, decency, quality, data, opinions or any other aspect of such Third Party Materials or websites. Skedaddle does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any Third Party Services, Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you. Neither Skedaddle, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of information or data displayed by, or made available through, the Services.
Third Party Services and Third Party Materials that may be accessed from, displayed on or linked to the Website and/or Apps are not available in all languages or in all countries. Skedaddle makes no representation that Third Party Services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to access Third Party Services or Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Skedaddle, and its promotional partners and licensors, reserve the right to change, suspend, remove, or disable access to Third Party Services or Third Party Materials at any time without notice. In no event will Skedaddle be liable for the removal of or disabling of access to any Third Party Services or Third Party Materials. Skedaddle may also impose limits on the use of or access to Third Party Services or Third Party Materials, in any case and without notice or liability.
REGISTRATION AND BOOKING
You must be 18 years of age to purchase a ticket for a Route, which will be delivered by electronic confirmation via email with your reservation number (a “Ticket”). By using the Service, you represent to us that you are 18 years of age or older and are legally competent to enter into and agree to these Terms.
If you accept an invitation to join a Private Route or reserve a ticket on a Public Route on our Website or the Apps, you will receive an email containing a unique 11-digit password. You must enter this password on the Website or the Apps and then create or log in to a Skedaddle account (a “User Account”) in order to join the Route. In order to create a new Route, you must have a User Account or sign up through a Third Party Service.
You may create a User Account by completing the registration process set forth on the Website or the Apps. You are responsible for providing and maintaining current your name, email address, mobile phone number and other account information.
You are the sole authorized user of your User Account. You are responsible for maintaining the confidentiality of any password and User Account number provided by you or Skedaddle for accessing the Services. You are solely and fully responsible for all activities that occur under your password or User Account. Should you suspect that any unauthorized party may be using your password or User Account or you suspect any other breach of security, contact Skedaddle immediately by emailing email@example.com.
MINIMUM NUMBER OF PASSENGERS AND PRICING
For Private Routes, a minimum number of registered passengers must purchase Tickets (such number of passengers, the “Private Route Go-Live Number”) for any such Private Route to occur through the Services. The Private Route Go-Live Number will differ among Private Routes at the election of the party planning any such Private Route. The Website and Apps will also list the Ticket Price that will be charged if only the Private Route Go-Live Number of passengers registers for any such Private Route (the “Private Route Go-Live Price”). Skedaddle guarantees that the Ticket Price you pay for that Private Route (the “Private Route Ticket Price”) will not exceed the Private Route Go-Live Price. However, the Private Route Ticket Price may be lower than the Private Route Go-Live Price and/or the Ticket Price listed on the Website and Apps at the time of booking (the “Current Price”) if more passengers sign up for the Route.
To book a reservation on a Route, you must enter a valid credit card number with our payment processor, Stripe. By entering a valid credit card number with Stripe, you agree to authorize Stripe to charge your credit card an amount up to and inclusive of the Current Price. Skedaddle will then reserve a seat for you on that Route at the Current Price. At 48 hours prior to a Route’s time of departure (“Departure Time”), your credit card will be charged and you will receive your Ticket. Your Ticket Price will be determined as set forth below.
Skedaddle reserves the right to cancel any Route up to 48 hours prior to the Departure Time if the Route does not meet the applicable Go-Live Number. You may cancel your Route reservation up to 48 hours prior to the Departure Time and your credit card will not be charged.
With respect to Public Routes, if any passenger who received a twenty-percent (20%) discount for his or her Ticket cancels his or her Route reservation up to 48 hours prior to the Departure Time (a “Cancelling Discount Passenger”), each passenger who purchased a Ticket after the Cancelling Discount Passenger purchased his or her Ticket will receive the lowest available Public Route Ticket Price, including the twenty percent (20%) discount, where applicable. For example, if eleven (11) passengers purchase Tickets for a Public Route and, prior to 48 hours before the such Public Route, the tenth (10th) passenger cancels his or her Route reservation, the eleventh (11th) passenger will receive a twenty percent (20%) discount off of the Public Route Base Price and any subsequent passengers to purchase Tickets will pay the applicable Public Route Base Price.
At 48 hours prior to the Departure Time, the Ticket Price will lock in for all passengers booked on the Route at that time. Each Ticket will contain detailed information about the date of the Route, the Departure Time, the pick-up location (“Pick-up Location”) and the final Ticket Price (including taxes and fees). At 48 hours prior to the Route, all bookings are final and cannot be charged, refunded, exchanged, cancelled or transferred to another party. You will be charged the Ticket Price even if you do not use your Ticket for the Route.
The Ticket Price may include separate charges for fees and taxes, which can vary by location. Skedaddle currently does not offer route cancellation insurance.
PROMOTIONAL CODES; REFERRAL CODES
Skedaddle may, in Skedaddle’s sole discretion, create promotional codes that may redeemed for credit to your User Account, subject to any additional terms that Skedaddle establishes on a per promotional code basis (the “Promo Codes”).
Upon registration on the Website or the Apps, you will receive a confirmation e-mail containing a unique code (a “Referral Code”), whether or not you subsequently create a Route or purchase a Ticket for any Route. Using e-mail or your Facebook page, you may provide your Referral Code to other prospective users who have not previously registered to use the Website or the Apps. When any such recipient of your Referral Code registers to use the Website or Apps and subsequently creates a Public Route or books a seat on a Public Route, (1) such recipient will receive a discount in the amount of $10.00 off the cost of such recipient’s Ticket on such Public Route or a future Public Route (the “Referral Discount”), and (2) you will receive a credit to your User Account in the amount of $10.00, which will automatically be credited toward reducing the cost of your next Public Route Ticket (the “Referral Credit”). For the avoidance of doubt, any accrued Referral Credit(s) will be automatically applied to your next Public Route Ticket(s) purchased until the full amount of any such accrued Referral Credit(s) in your User Account are used in full, at which time your credit card will be charged for any remaining balance on your User Account.
RULES FOR USER CONDUCT AND USE OF THE SERVICES
It is your responsibility to arrive at the Pick-up Location at the Departure Time with your confirmation email and identification. If you fail to do so, the Charter Operator may deny you access to travel services. If you violate the Charter Operator Terms, the Charter Operator may cancel your Ticket on a Route and deny you access to travel services. As a result, you may forfeit any amount paid for Tickets. For Routes between the United States and Canada, it is your sole responsibility to ensure that you have appropriate international travel documentation (passport, visa, etc.) to permit your entry into Canada and your return to the United States.
In addition to the Charter Operator Terms, during the Route, you agree to abide by a reasonable standard of appropriate conduct. You agree to obey all applicable laws, keep the vehicle clean and safe and to behave in a manner respectful to the other passengers. While aboard the vehicle, you agree that you shall not smoke, drink alcoholic beverages, disturb the driver, or transport any prohibited items (including, but not limited to, glass containers or kegs, alcohol, drugs or other intoxicating substances, flammable or combustible materials, guns, knives or other weapons, and animals).
You acknowledge that the Charter Operator may refuse to transport or remove you from the Charter Operator’s vehicle at any time: if your conduct or the conduct of your Third Party Passenger is disorderly, abusive or violent; if you or your Third Party Passenger are or appear to be intoxicated or under the influence of alcohol or drugs; if you or your Third Party Passenger attempt to interfere with the driver or the operation of the vehicle; if you or your Third Party Passenger refuse to follow the instructions of the driver of the vehicle; or if you or your Third Party Passenger engage in any action that might jeopardize the vehicle or any of its occupants. You acknowledge and agree that Skedaddle is not responsible or liable for any action or inaction of a Charter Operator, including the refusal to transport you, as a result of any of the foregoing activities or conduct.
For Routes between the United States and Canada, you agree that you will be solely responsible for completing any required customs and immigration documentation on your own behalf, and that you will comply with all U.S. and Canadian customs laws and with any instructions issued by customs authorities in either country. You acknowledge that you, your luggage, and any items you carry with you are subject to examination and detention by U.S. and Canadian customs authorities. Skedaddle shall not have any liability to you with respect to such examination or detention, nor will Skedaddle be required to delay the Route to accommodate such proceedings. If you and/or your luggage or other personal items are prevented from crossing an international border by the customs authorities of the United States or Canada, you agree: (1) that you will accept sole responsibility for arranging separate transportation for yourself and/or your luggage or other personal items to your intended destination; (2) that Skedaddle will not have any obligation or liability with respect to such transportation, or with respect to any other costs that you may incur in connection with such circumstances; and (3) that you will not be entitled to a refund of any portion of the Ticket Price as a result of your inability to remain (or to have your luggage or other personal items remain) with the Route. You also acknowledge that Routes between the United States and Canada may in some cases involve delays in crossing the international border that are beyond the control of Skedaddle or the Charter Operator. You agree that in the event of such delays Skedaddle will have no obligation to adjust the Ticket Price and will have no liability for any expenses you may incur as a result of such delays. You agree that on Routes between the United States and Canada, you will be solely responsible for the payment of any customs duties and fees that may accrue in connection with goods that you transport across an international border.
The amount, weight and size of the luggage that you may bring on a Route may vary by Route and Charter Operator. Unless stated otherwise, the standard baggage allowance is one carry-on item that fits within an overhead bin or under seat, plus one piece of luggage not to exceed 50 pounds. Charter Operators determine in their sole discretion which luggage can be stowed onboard or inside the vehicle. If a Charter Operator determines that your luggage cannot be transported, you shall not be entitled to a refund. It is your responsibility to check with the Charter Operator before your Route commences to determine whether your luggage will be permitted; to ask for express written permission for your luggage if it is an exception to the Charter Operator’s luggage policy; and to provide the written permission to the Charter Operator employees when requested. For an additional fee, Skedaddle may offer you a supplementary baggage allowance. If the Charter Operator determines that the item(s) for which you paid the supplementary baggage allowance fee cannot be transported, you shall be entitled to a refund of the supplementary baggage allowance fee but shall not be entitled to a refund of your Ticket.
Skedaddle shall not be held liable for lost, damaged, or stolen luggage. You are solely responsible for maintaining your property and personal effects brought on board the vehicle. The Charter Operator may permit you to leave your luggage on a vehicle during periods of time when you are not occupying the vehicle; provided, however, that the terms of such permission shall be solely between you and the Charter Operator and Skedaddle assumes no liability for lost, damaged, or stolen luggage under any circumstances.
CHANGES TO THE SERVICE
Skedaddle reserves the right, in its sole discretion, to make necessary unscheduled deployments of changes, updates or enhancements to the Service at any time. We may add or remove functionalities or features, and we may suspend or stop the Service altogether.
LICENSE TO YOU
You agree to protect the Services, and the proprietary content, information and other materials contained in, displayed on or related to the Services, from any unauthorized access or use, and you agree that you will not use the Services or such proprietary content, information or other materials except as expressly permitted herein or expressly authorized in writing by Skedaddle. You agree that you will not: (a) distribute, sell, transfer, rent, lease, sublicense or otherwise exploit the Services in any unauthorized manner; or (b) copy, reproduce, adapt, create derivative works of, translate, modify, decompile, reverse engineer or disassemble the Services, any updates, or any part thereof. You understand and agree that you are not permitted to remove or alter any copyright or other proprietary rights notice or restrictive rights legend contained or included in the Services, or otherwise circumvent any functionality that controls access to or otherwise protects the Services.
LICENSE TO SKEDADDLE
You hereby grant to Skedaddle a nonexclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide, transferable, sublicenseable license to access, use, reproduce, modify, adapt, create derivative works from, translate, transmit, display, publish, perform, distribute and otherwise exploit any and all suggestions for correction, changes and modifications to the Services and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to Skedaddle by you (collectively “Feedback”). You acknowledge and expressly agree that Skedaddle may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you.
The following additional terms also apply to the iOS Application:
You will only use the iOS Application in connection with an Apple device that you own or control.
You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS Application.
In the event of any failure of the iOS Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application.
You acknowledge and agree that Skedaddle, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the iOS Application including, but not limited to: (i) product liability claims; (ii) any claim that the iOS Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
Both you and Skedaddle acknowledge and agree that, in your use of the iOS Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use.
You are solely responsible for your use of and activity in relation to the Services and Forums. Your permission to use the Services and Forums is conditioned upon the following use and conduct restrictions. You agree that you will not under any circumstances: (a) post or submit any content that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive; (b) create a false identity or impersonate any person; (c) use the Services or Forums for any unlawful purpose or for the promotion of illegal activities; (d) distribute or submit unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (e) attempt to, or harass, abuse or harm another person or user; (f) provide false or inaccurate information to Skedaddle; or (g) publish, submit or link to malicious content intended to damage or disrupt the browser, computer or systems of Skedaddle or of any other person or entity.
You may wish to protect yourself, your belongings and equipment and reservation payments made through the purchase of a traveler’s insurance policy. Skedaddle does not provide you with any personal or travel insurance.
TERM AND TERMINATION
DISCLAIMER OF WARRANTIES
ALL USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES AND ANY CONTENT AND INFORMATION PRESENTED ON THE WEBSITE, THE APPS OR VIA THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS AND SKEDADDLE DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, TIMELINESS, ACCURACY, COMPLETENESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR SAFETY. SKEDADDLE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICES, OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, AND (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. SKEDADDLE DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE OR PRODUCT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND SKEDADDLE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS EXPRESSLY PROVIDED HEREIN.
SKEDADDLE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE OPERATION OF THE CHARTERED VEHICLES OR THE TRAVEL SERVICES PROVIDED BY CHARTER OPERATORS.
WITHOUT LIMITING THE FOREGOING, NEITHER SKEDADDLE NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THE SERVICES WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES. NEITHER SKEDADDLE NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. NEITHER SKEDADDLE NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF YOU OR ANY USER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL SKEDADDLE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED TWO HUNDRED DOLLARS ($200.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. IN SUCH AN EVENT THIS LIMITATION WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
DISPUTE RESOLUTION – ARBITRATION; NO CLASS ACTIONS
THIS SECTION INCLUDES AN ARBITRATION AGREEMENT AND AN AGREEMENT THAT ALL CLAIMS WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY (AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING). PLEASE READ IT CAREFULLY. YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT BY FOLLOWING THE OPT OUT PROCEDURE DESCRIBED BELOW.
Informal Process First. You agree that, in the event of any dispute between you and Skedaddle, you will first contact Skedaddle and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action (“Informal Process”).
After the Informal Process, if you intend to seek arbitration you must first send written notice to Skedaddle’s Customer Service Center of your intent to arbitrate (“Notice”). The Notice to Skedaddle should be sent by any of the following means: (i) electronic mail to firstname.lastname@example.org; or (ii) sending the Notice by U.S. Postal Service certified mail to:
745 Atlantic Avenue, 8th Floor
Boston, MA 02111
The Notice must (x) describe the nature and basis of the Claim; and (y) set forth the specific relief sought. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. The arbitration will be conducted in the English language. Massachusetts law will apply. The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence will not apply to the “Class Action Waiver” section below.
Except as otherwise provided for herein, Skedaddle will pay all AAA filing, administration and arbitrator fees. If, however, the arbitrator finds that either the substance of your Claim or the relief sought is improper or not warranted, as measured by the standards set forth in Federal Rule of Civil Procedure 11(b), then the payment of all such fees shall be governed by the AAA Rules. In such case, you agree to reimburse Skedaddle for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. If the arbitrator grants relief to you that is equal to or greater than the value of your demand, Skedaddle shall reimburse you for your reasonable attorneys’ fees and expenses incurred for the arbitration.
In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Skedaddle agree that any judicial proceeding will be brought in the federal courts of Massachusetts or the state courts of Suffolk County, Massachusetts. Both you and Skedaddle consent to venue and personal jurisdiction there.
CLASS ACTION WAIVER
Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.
TIME LIMITATION ON CLAIMS
You agree that any claim you may have arising out of or related to your relationship with Skedaddle must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
Termination of Repeat Infringer User Accounts. Skedaddle respects the intellectual property rights of others and requests that users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, Skedaddle has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Services, the Website or the Apps who are repeat infringers. Skedaddle may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials on the Website or Apps infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C. 512) (“DMCA”) by sending the following information in writing to Skedaddle’s designated copyright agent at Skedaddle, Inc., 745 Atlantic Avenue, 8th Floor, Boston, MA 02111:
The date of your notification;
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Counter-Notices. If you believe that Your Content that has been removed from the Website or Apps is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in Your Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
Your physical or electronic signature;
A description of the content that has been removed and the location at which the content appeared before it was removed;
A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Skedaddle copyright agent, Skedaddle may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in Skedaddle’s discretion) be reinstated on the Website or Apps, as applicable, in 10 to 14 business days or more after receipt of the counter-notice.
Notices. Any notices or communication required or permitted to be given to you shall be in writing and shall be sufficiently given if delivered by email or mailed to you at the email or postage address provided to Skedaddle in your completed registration or as updated by you and on file with Skedaddle. Any notices or communication required or permitted to be given to Skedaddle shall be in writing and shall be sufficiently given if delivered via email or mailed as follows:
745 Atlantic Avenue, 8th Floor
Boston, MA 02111
Owner: Brad Werntz
Phone: (617) 528-0567
Email Address: email@example.com
Any notice delivered via email shall be deemed to have been received on the first business day after which it was sent, unless the sending party is notified that the email address is invalid. Any notice sent by letter shall be deemed to have been received on the fourth business day after it was posted.
Electronic Communications. By using the Services, you agree that we may communicate with you electronically regarding administrative, security and other issues relating to your use of the Services. Communication will be made primarily through use of e-mail to the e-mail address used to register on the Website or Apps. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at firstname.lastname@example.org.