License and Eligibility
Sky Arb and/or its licensors own the intellectual property rights in the Site. Subject to the license below, all these intellectual property rights are reserved. The Site is intended solely for your personal and non-commercial use. We may change, suspend, or discontinue the Site or Service at any time. We may impose limits on certain features offered or restrict your access to parts or all of the Site without notice or liability. You acknowledge that from time to time the Site may be inaccessible or inoperable for any reason.
You agree to pay Sky Arb the applicable and periodic subscription fees, taxes, and other expenses if you purchase a Sky Arb Pro subscription. If you fail to pay the required fees for a Sky Arb Pro subscription, your subscription will be terminated and you will forfeit your opportunity for any refunds associated with your original Sky Arb Pro subscription purchase.
You agree that any content you send to Sky Arb is your own, and you warrant that you are the creator, owner, or have the required rights, licenses, or consents to authorize Sky Arb to use your content. You agree that your content does not infringe on the intellectual property rights of third parties and that you will accept the criminal or civil legal consequences in the event of a violation of a third party’s intellectual property rights.
You grant Sky Arb the worldwide absolute and irrevocable right and unrestricted permission to use, reuse, publish, and republish, in whole or in part, individually or in connection with other material, in any and all media (including the Internet and through email), without restriction as to alteration for all content that you submit to Sky Arb. We may distribute content that you submit to us through email alerts, the Site, the Service, and by other means.
Limitations of Acceptable Use
You may not authorize others to access your subscription account, the Service, or Sky Arb’s content. Your Sky Arb account belongs only to you and you agree not to create an account on behalf of anyone other than yourself. You agree to keep your login details confidential and you agree not to misrepresent your identity.
You may not use the Site or Service for any commercial use. Sky Arb specifically prohibits 1) the sale or sub-licensing of any parts of the Service, the Site, or its email content, 2) content derived from the Service, or 3) content inclusive of parts of the Service. Examples of prohibited commercial use include, but are not limited to, 1) selling or distributing your free subscription or Sky Arb Pro subscription login details, 2) forwarding Sky Arb emails, 3) distributing Sky Arb Pro subscription email content, and 4) deriving and distributing your own flight alerts based on Sky Arb’s emails or content.
You may not access the Site or the Service by automated means including, but not limited to, data mining, harvesting bots, robots, spiders, or scrapers.
You many not submit unauthorized communications, such as spam, to the Site as it relates to submitting photos or traveling experiences. You many not copy, store, host, transmit, send, use, publish or distribute any material which consists of, or is linked to, any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software, or do anything that could disable or interfere with the Site as it relates to accessing the Service. You many not submit content that is hateful, threatening, or pornographic, incites violence, is malicious, or is discriminatory and you agree not to harass, bully, or intimidate other users.
The Service is provided “as is” and “as available” without any representations or warranties, express or implied, to the maximum extent permitted under applicable law. The Service is provided on an informational basis and is not meant to be a recommendation to buy goods or services from third parties. Sky Arb expressly disclaims any representations or warranties, fitness for a particularly purpose, and implied warranties of merchantability. Without prejudice to the generality of the foregoing paragraph, Sky Arb and its officers, directors, employees, agents, and affiliates do not warrant that:
- the Service, content, or hyperlinks will always be available, uninterrupted, or secure;
- the Service, content, or hyperlinks will always be accurate, accessible, or timely;
- any detected defects will be corrected or that all hyperlinks are free from viruses, bugs, worms, Trojan horses, or other harmful computer properties.
Intellectual Property Protection
Sky Arb respects the intellectual property rights of others and requests that its users do the same. Sky Arb has implemented a policy to respond to alleged intellectual property infringement claims according to the process described by the United States Digital Millennium Copyright Act (“DMCA”). We may cancel, suspend, terminate, or block access to the Service for users that are found to repeatedly infringe on the intellectual property rights of others.
If you believe in good faith that the Service or its content is infringing upon your copyrights, you may submit a notification pursuant to the DMCA by sending the following information in writing to:
Attention: Copyright Agent
25-62 35th Street
Astoria, NY 11103
Per DMCA guidelines, your notification should include the following information:
- the date of your DMCA notification;
- a physical or electronic signature of the copyright owner or the person authorized to act on behalf of the owner for the content that is allegedly infringed;
- a description of the copyrighted work claimed to have been infringed;
- a description of the content or activity that is claimed to be infringing sufficient to enable Sky Arb to locate such material;
- contact information for the copyright owner or the person authorized to act on behalf of the owner including the person’s full name, mailing address, email address, and telephone number;
- a statement that you have a good faith belief that the use of the content in the manner complained 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.
Sky Arb investigates all DMCA notifications and, if appropriate, removes the infringing content.
Limitations of Liability
Sky Arb will not be liable to you (whether under the law of contact, the law of torts, or otherwise) in relation to the contents of, use of, or otherwise in connection with, the Service:
- for any direct loss;
- for any indirect, special, or consequential loss;
- for any business loss, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data;
- for any product liability, strict liability, or negligence;
- for any loss of data due to an unauthorized party’s interception;
- for any losses relating to delays, inaccuracies, errors, or omissions.
You agree to release Sky Arb and its officers, directors, employees, agents, and affiliates for any claims and damages, known and unknown, arising from or in any way connected with any claim you have against using the Service or the Site. In no event should the aggregate liability of Sky Arb or its affiliates or agents exceed one hundred dollars ($100 USD). These limitations of liability apply even if Sky Arb has expressly advised of the potential loss. You acknowledge and agree that any damages you incur arising out of Sky Arb’s actions or omissions, or your use of the Service, are not irreparable and are insufficient to entitle you to an injunction or other equitable relief restricting the availability of, or any person’s ability to access, any portion of the Site or Service.
Please read the following sections carefully because they require you to submit to binding arbitration, including a jury trial waiver, for any and all disputes with Sky Arb. This section limits the manner in which you can seek relief.
A party who intends to seek arbitration must first notify the other party via certified mail. Notice sent to Sky Arb can be mailed to Sky Arb LLC, 510 Millburn Avenue, Suite 207, Short Hills, NJ 07078. Sending notice should include 1) your full name, mailing address, and email address, 2) a detailed description of the nature of the dispute, and 3) the relief being sought. All parts of the notice must be provided. Sky Arb will send notice to the email address received and will include 1) a full name of contact, mailing address, and email address, 2) a detailed description of the dispute, and 3) the relief we are seeking. If you and Sky Arb cannot agree how to resolve the dispute within thirty (30) days after the date the notice is received by either party, then either you or Sky Arb may commence an arbitration proceeding.
Breaches of these Terms and Conditions
Law and Jurisdiction
Sky Arb is an independent contractor for all purposes and is not your agent or trustee.
Sky Arb, skyarb.com, and other Sky Arb graphics, email formats, logos, page headers, buttons, icons, scripts, and service names are trademarks of Sky Arb or its affiliates in the United States and may not be copied, imitated, or used, in whole or in part, without Sky Arb’s prior written consent. You will not use any trademark of Sky Arb without our prior written permission. All other registered trademarks and service marks remain the property of their respective owners.