Terms of Service

Skybrook Terms of Service

Last Updated: March 12, 2023

What’s New:  We are excited to announce that the term of the Genesis NFT Project no longer expires on December 31, 2023. Subject to these Terms & Conditions, the term is now indefinite.

The News is an art based short term experiment that is covered by the terms and conditions in this document but does not have any membership benefits or utility of any kind. The News may end abruptly and upon finish of performance art there will be no support beyond the artwork itself

 

Please read these Terms of Service (the “Terms”) and our Privacy Policy (“Privacy Policy”) carefully because they govern your use of the website, Discord (but does not replace Discord’s applicable terms ad policies), and any other features of club membership and services, such as content and non-fungible token (“NFT”) projects, accessible via the site (the “Site”) offered by Skybrook Assets LLC (“Skybrook”). To make these Terms easier to read, the Site, and our services are collectively called the “Services.”

  1. Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.
  2. Privacy Policy. Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use, and share your information.
  3. Changes to these Terms or the Services. We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site and may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
  4. Who May Use the Services. You may use the Services only if you are 18 years or older and capable of forming a binding contract with Skybrook, and not otherwise barred from using the Services under applicable law.
  1. Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
  2. About the Services.  YOU ACKNOWLEDGE AND AGREE THAT NOTHING IN THESE TERMS OR ANY SERVICES PROVIDED TO YOU IN CONNECTION WITH THESE TERMS CONSTITUTES LEGAL, FINANCIAL, TAX OR INVESTMENT ADVICE.
  3. Your Content.
    1. Posting Content. Our Services may allow you to store or share content such as text (in posts or communications with others), files, documents, graphics, images, music, software, audio and video. Anything (other than Feedback) that you post or otherwise make available through the Services is referred to as “User Content”. Skybrook does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.
    2. Permissions to Your User Content. By making any User Content available through the Services you hereby grant to Skybrook a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services.
    3. Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Skybrook on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
    4. Removal of User Content. You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
    5. Skybrook’s Intellectual Property. We may make available through the Services content that is subject to intellectual property rights. We retain all rights to that content.
  4. General Prohibitions and Skybrook’s Enforcement Rights. You agree not to do any of the following:
    1. Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
    2. Use, display, mirror or frame the Services or any individual element within the Services, Skybrook’s name, any Skybrook trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Skybrook’s express written consent;
    3. Access, tamper with, or use non-public areas of the Services, Skybrook’s computer systems, or the technical delivery systems of Skybrook’s providers;
    4. Attempt to probe, scan or test the vulnerability of any Skybrook system or network or breach any security or authentication measures;
    5. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Skybrook or any of Skybrook’s providers or any other third party (including another user) to protect the Services;
    6. Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Skybrook or other generally available third-party web browsers;
    7. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
    8. Use any meta tags or other hidden text or metadata utilizing a Skybrook trademark, logo URL or product name without Skybrook’s express written consent;
    9. Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
    10. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
    11. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
    12. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
    13. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
    14. Impersonate or misrepresent your affiliation with any person or entity;
    15. Violate any applicable law or regulation, including but not limited to facilitate unlawful gambling, facilitate sexually related services such as prostitution and escort services, facilitate sale of narcotics, regulated goods and controlled substances, post or distribute child exploitation content, including images that depict minors in the nude or in suggestive poses, fundraising and support for terrorist organizations, or threaten violence; or
    16. Encourage or enable any other individual to do any of the foregoing.

Skybrook is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. We may suspend or terminate your use of the Services, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms.

  1. DMCA/Copyright Policy. Skybrook respects copyright law and expects its users to do the same. It is Skybrook’s policy to terminate in appropriate circumstances users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
  2. Links to Third Party Websites or Resources. The Services may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products, or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.
  3. Termination. We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account or membership, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at Admin at Skybrook dot xyz . Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 7(b), 7(c), 7(e), 8, 11, 12, 13, 14, 15, 16, 17 and 18.
  4. NFT Access. Ownership of the Skybrook NFT does not guarantee membership or access to Services. It is a required component of membership, but we reserve the right to terminate any and all portion of Services for any reason.
  5. Warranty Disclaimers. Do your own research. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services.
  6. Indemnity. You will indemnify and hold Skybrook and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, or (c) your violation of these Terms.
  7. Limitation of Liability.
    1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER SKYBROOK NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SKYBROOK OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
    2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SKYBROOK’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO SKYBROOK FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO SKYBROOK, AS APPLICABLE.
    3. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SKYBROOK AND YOU.
  8. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the laws of the State of New York, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 18 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Skybrook will be the state and federal courts located in the Southern district of New York and you and Skybrook each waive any objection to jurisdiction and venue in such courts.
  9. Dispute Resolution.
    1. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, and not in a class, representative or consolidated action or proceeding. You and Skybrook agree that any Disputes must first be attempted to be resolved by good faith negotiation for thirty days by providing written notice to the other party. If unsuccessful, a party may seek resolution consistent with the exclusive forum identified in Section 17.
    2. YOU AND SKYBROOK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
  1. General Terms.
    1. Skybrook may choose to supply future benefits but makes no representation or warranty that any membership benefits will be supplied. Additionally, Skybrook membership fee is now completely optional for all genesis holders.
    2. Skybrook and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. NFT ownership does not grant you any rights to any Skybrook intellectual property. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
    3. These Terms constitute the entire and exclusive understanding and agreement between Skybrook and you regarding the Site, and these Terms supersede and replace all prior oral or written understandings or agreements between Skybrook and you regarding the Site. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Skybrook’s prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. Skybrook may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
    4. Any notices or other communications provided by Skybrook under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email or through the Services, the date of receipt will be deemed the date on which such notice is transmitted.
    5. Skybrook’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Skybrook. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
  2. Contact Information. If you have any questions about these Terms or the Services, please contact Skybrook at Admin at Skybrook dot xyz.

 

The News Terms and Conditions

All of the terms and conditions above apply to The News with the exception that The News does not have any membership benefits. The News is a short term social experiment with no utility, membership or access of any kind. There will be a short piece of performance art that may end at any time. Upon the end of the experiment there will be no support for The News beyond the art.