Terms & Conditions
"Collective Content" means Member Content and Skyscraperz Content. "Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials. "Operator" means a Member who creates a Listing via the Services. "Listing" means a Flights, hotel rooms, car hire, tours, events that is listed by an Operator as available for booking via the Services. "Member" means a person who completes Skyscraperz's account registration process, including, but not limited to Operators and Travellers, as described under "Account Registration" below. "Member Content" means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Services. "Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and service taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes. "Skyscraperz Content" means all Content that Skyscraperz makes available through the Services, including any Content licensed from a third party, but excluding Member Content. "Traveller" means a Member who requests a booking of flights, hotel rooms, car hire, tour or events via the Services and is not the Operator for such Services. Certain portions of the Services (and your access to or use of certain aspects of the Services or Collective Contents) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific portion of the Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that portion of the Services, or Collective Content. YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR OTHERWISE THROUGH THE SERVICES YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
Skyscraperz reserves the right, at its sole discretion, to modify the Services at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Services or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. Any changes will become effective immediately upon your acceptance of the modified Terms, whether by, without limitation, creating a Listing or requesting the booking of any Services. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.
The Services are intended solely for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 or older. PLEASE NOTE THAT, THE SITE IS INTENDED TO BE USED TO FACILITATE THE BOOKING OF SERVICES. SKYSCRAPERZ CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY SERVICES. SKYSCRAPERZ IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND SERVICES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE TRAVELER'S OWN RISK.
For Operators – Travel Agents or Tour Operators that wish to take advantage of Skyscraperz services and sell their tours on the Skyscraperz Global Marketplace need to first submit their application via the Operator sign up form. Skyscraperz reviews all sign up requests and assesses the compatibility of the tour operators' product with the Skyscraperz Marketplace. This review process can take up to 2 – 3 weeks as the product, company, market fit, bonding, safety and global reputation of the company is assessed. Upon reviewing the sign up request the Skyscraperz team informs the operator whether or not working together is possible. Skyscraperz reserves the right to decline the application at this stage, or any other, stage. If the first screening is positive, the operator will be asked to fill out a application form and submit it to the Skyscraperz team. Once this form is accepted, processed and the application is confirmed by Skyscraperz, Skyscraperz will guide the operator through the next sign up steps, which includes uploading tour listings, installation of tools like Facebook Applications and assists the operator wherever possible. Before Skyscraperz can start driving bookings for the operator, the operator must agree to Skyscraperz Terms and Conditions in writing via e-mail.
For Travellers - In order to access certain features of the Services and to book a service, you must register to create an account ("Skyscraperz Account") and become a Member. You may register to join the Services directly via the Site or Application using the link at the top of any page or as otherwise described in this section. You may also be able to register to join by logging into your account with certain third party social networking sites ("SNS") (including, but not limited to, Facebook); each such account, a "Third Party Account", via our Site or Application, as described below. As part of the functionality of the Services, you may be able to link your Skyscraperz Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Skyscraperz through the Services; or (ii) allowing Skyscraperz to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Skyscraperz and/or grant Skyscraperz access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Skyscraperz to pay any fees or making Skyscraperz subject to any usage limitations imposed by such third party service providers. By granting Skyscraperz access to any Third Party Accounts, you understand that Skyscraperz may access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account ("SNS Content") so that it is available on and through the Services via your Skyscraperz Account and Skyscraperz Account profile page. You agree that Skyscraperz may request your email address, access to photos; friends list to help verify your identity; share your updates and photos; and to be contacted by us. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your Skyscraperz Account on the Services. Please note that if a Third Party Account or associated service becomes unavailable or Skyscraperz's access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the Services. You have the ability to configure certain portions of the connection between your Skyscraperz Account and your Third Party Accounts, at any time, by accessing the "Profile" section of the Services. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Skyscraperz makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Skyscraperz is not responsible for any SNS Content. We will create your Skyscraperz Account and your Skyscraperz Account profile page for your use of the Services based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Skyscraperz Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Skyscraperz reserves the right to suspend or terminate your Skyscraperz Account and your access to the Services if you create more than one (1) Skyscraperz Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Skyscraperz Account, whether or not you have authorized such activities or actions. You will immediately notify Skyscraperz of any unauthorized use of your Skyscraperz Account. Skyscraperz performs regular backups on all servers to ensure critical files are never lost. However Skyscraperz is NOT responsible for lost data, time, income or any other resource due to faulty backups or non-existent backups. Please always backup your own data for Redundancy.
Operators may create Listings. To this end, you will be asked a variety of questions about the Services to be listed, including, but not limited to, the location, capacity, itinerary, features, availability of the Services and pricing and related rules and financial terms. Operators working with Skyscraperz are responsible for making sure that their tour listings on the Skyscraperz Marketplace are up-to-date so that travellers who wish to book their tours are presented with correct information. Tour operators are responsible for updating their tour information - manually using the Skyscraperz Dashboard. In such cases, it is the sole responsibility of the operator to keep the tour listings up-to-date manually. Listings will be made publicly available via the Services. Other Members will be able to book your Services via the Site based upon the information provided in your Listing. You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Traveller taking of, an Services in a Listing you post (i) will not breach any agreements you have entered into with any third parties (such as any agreements with or rules of employers or local tourism agencies) and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Services included in a Listing you post, including, but not limited to, tourism, tour guide licensing laws, and other laws governing events and tours of public spaces and other venues and (b) not conflict with the rights of third parties. Please note that Skyscraperz assumes no responsibility for an Operator's compliance with any applicable laws, rules and regulations. Skyscraperz reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Skyscraperz, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services. You understand and agree that Skyscraperz does not act as an insurer or as a contracting agent for you as an Operator. If a Traveller requests a booking of your Services and participates in your Services, any agreement you enter into with such Traveller is between you and the Traveller and Skyscraperz is not a party thereto. Notwithstanding the foregoing, Skyscraperz serves as the limited authorized agent of the Operator for the purpose of accepting payments from the Traveller on behalf of the Operator and is responsible for transmitting such payments to the Operator, subject to these Terms. When you create a Listing, you may also choose to include certain requirements, which must be met by the Members who are eligible to request a booking of your Services. Any Member wishing to book Services included in Listings with such requirements must meet these requirements. You acknowledge and agree that, as an Operator, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who are present during the Services at your request or invitation, excluding the Traveller. Skyscraperz recommends that Operators obtain appropriate insurance for their Services. Please review any insurance policy that you may have for your Services carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Travellers while participating in your Services.
Skyscraperz does not endorse any Operators or any Services. In addition, although these Terms require Operators to provide accurate information, we do not attempt to confirm, and do not confirm, any Operator's purported identity. You are responsible for determining the identity and suitability of others who you contact via the Services. We will not be responsible for any damage or harm resulting from your interactions with other Operators. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Operators or other third parties will be limited to a claim against the particular Operator or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Skyscraperz with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members via the Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by an Operator against Skyscraperz regarding the remittance of payments received from a Traveller by Skyscraperz on behalf of an Operator, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability".
Bookings and Financial Terms for Travellers
The Operators, not Skyscraperz, are solely responsible for honouring any confirmed bookings and making available any Services reserved through the Services. If you, as a Traveller, choose to enter into a transaction with an Operator for the booking of a Services , you agree and understand that you will be required to enter into an agreement (including releases) with the Operator and you agree to accept any terms, conditions, rules and restrictions associated with such Services imposed by the Operator. Operators may not change the Services Cost after a booking has been confirmed (changes might include additional services that you request from the Operator). If a booking has not yet been confirmed by the Operator, the Operator may change the price, details, add discounts, local payments and other services requested by you but the Operator must notify you of this change and you must consent to this change before the Operator can confirm your booking. You acknowledge and agree that you, and not Skyscraperz, will be responsible for performing the obligations of any such agreements, that Skyscraperz is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Skyscraperz disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Skyscraperz is not a party to any agreements between you and the Operator. You pay directly to Operator. The Booking Page for a Services will specify the Total Cost called the Services Cost. As noted above the Operator is required to either confirm or decline the booking via email within the specified timeframe (which is generally within 48 hours of when the booking is requested, as determined by Skyscraperz in its sole discretion).
Service Fees only apply to Operators
In consideration for providing the Services, Skyscraperz collects a service fee only from Operators ("Service Fees"). A Service Fee is a percentage of the amount of the Services Cost which is defined in the Operator's Dashboard. Where applicable, Taxes may also be charged in addition to the Service Fee.
General Booking and Financial Terms Traveller Cancellations, Refunds and Complaints
All cancellations or refunds should be made directly with the Operator and all traveller complaints about their experience on tour or customer services will be passed onto the respective Operator's team to resolve. Skyscraperz is committed to working with Operators to achieve a high level of service. If the response time and/or response quality of the Operator however continue to fall below acceptable timing and quality despite our working together to rectify any issues, Skyscraperz reserves the right to remove the Operators' listings from Skyscraperz Marketplace, Affiliate websites, Mobile Apps and remove any Applications provided by us.
You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Skyscraperz cannot and does not offer Tax-related advice to any Members of the Services. Additionally, please note that each Operator is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of the Services, you may not and you agree that you will not: violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations; use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Application, Services or Content; use the Services for any commercial or other purposes that are not expressly permitted by these Terms; copy, store or otherwise access any information contained on the Services or Content for purposes not expressly permitted by these Terms; infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights; interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; use the Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; use the Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to Services; "stalk" or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a SkyscraperzTraveller or Operator; offer, as an Operator, any Services that you do not yourself have permission to provide (without limiting the foregoing, you will not list Services as an Operator if you are serving in the capacity of an agent for a third party); offer, as an Operator, any Services that may not be provided pursuant to the terms and conditions of an agreement with a third party; register for more than one Skyscraperz Account or register for a Skyscraperz Account on behalf of an individual other than yourself; contact an Operator for any purpose other than asking a question related to a booking, such Operator's Services or Listings; contact a Traveller for any purpose other than asking a question related to a booking or such Traveller's use of the Services; when acting as a Traveller or otherwise, recruit or otherwise solicit any Operator or other Member to join third party services or websites that are competitive to Skyscraperz, without Skyscraperz's prior written approval (for clarity and without diminishing any of Skyscraperz's rights to enforce these Terms, Skyscraperz may cancel such offending Member's Skyscraperz Account, permanently block such Member from access to the Service, and take any legal action Skyscraperz deems appropriate against such Member, including by prosecuting such Member to the fullest extent of the law); impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation or non-affiliation with any person or entity, or otherwise post any reviews that exhibit a conflict of interest (for example, by posting reviews for your or your employer's Listing); use automated scripts to collect information or otherwise interact with the Services; use the Services to find an Operator or Traveller and then complete a booking of an Services transaction independent of the Services, whether or not you do so in order to circumvent the obligation to pay any Service Fees related to Skyscraperz's provision of the Services; as an Operator, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor; post, upload, publish, submit or transmit any 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 other person; or (vii) promotes illegal or harmful activities or substances; systematically retrieve data or other content from the Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise; use, display, mirror or frame any portion of the Services, or any individual element within the Services, Skyscraperz's name, any Skyscraperz trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Skyscraperz's express written consent; access, tamper with, or use non-public areas of the Services, Skyscraperz's computer systems, or the technical delivery systems of Skyscraperz's providers; attempt to probe, scan, or test the vulnerability of any Skyscraperz system or network or breach any security or authentication measures; avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Skyscraperz or any of Skyscraperz's providers or any other third party (including another user) to protect the Services or Collective Content; 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 or Collective Content to send altered, deceptive or false source-identifying information; attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing.
The Services (including the Site and Application) and Collective Content are protected by copyright, trademark, and other laws of Austria and foreign countries. You acknowledge and agree that the Services (including the Site and Application) and Collective Content, including all associated intellectual property rights is the exclusive property of Skyscraperz and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services (including the Site and Application) or Collective Content.
Skyscraperz Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, Skyscraperz grants you a limited, non-exclusive, non-transferable license to (i) access and view any Skyscraperz Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Skyscraperz or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Services, you hereby grant to Skyscraperz a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Services. Skyscraperz does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content. You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to Skyscraperz the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Skyscraperz's use of the Member Content (or any portion thereof) on, through or by means of the the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You must not store illegal content on the Site and we will monitor our site regularly for such illegal content. Please be aware that if you upload illegal content you could be subject to a fine of up to £25,000.
Friends With Benefits Referral Program
Skyscraperz's Friends with Benefits program allows Travellers to earn Skyscraperz Travel Credit/Vouchers for every non-Skyscraperz customer you refer that makes a qualified booking with Skyscraperz. There is no limit to the amount you can earn over the lifetime of your participation across all referrals, but you can only earn a maximum of one referral credit from each person you refer. You must be eligible to accumulate and redeem Travel Credits and maintain a Skyscraperz account in good standing, to be eligible to earn Travel Credits.
To participate, refer friends who are not currently Skyscraperz members and who have never booked a tour with Skyscraperz by sending them your personal invite link, available in your member's area on the Site. If the New User clicks your unique invite link (or enters your invite code) and books directly with Skyscraperz, Skyscraperz will deposit 5% of your friends' tour value on the day your friend books the tour, to your Skyscraperz Account. You must be signed into your Skyscraperz account to use your Travel Credits. These credits can be used to book any tour directly with Skyscraperz. Travel Credits are non-refundable. On cancellation of a tour, any Credits used for a booking will not be refunded. If you cancel a tour, any Credits held in your Skyscraperz Account will be removed. Skyscraperz reserves the right to revolke and claim Travel Credits from users when Tour Bookings are cancelled or abuse of the program has been detected.
Skyscraperz provides various tools to help you share your unique invite link. You may also share your unique invite link via email and social media to friends and family. You may not however share your personal link on public forums or coupon Sites. If you do this, it is a violation of this Agreement and Skyscraperz may terminate your Account and you will forfeit all your credits in your account.
Skyscraperz provides Credits as part of our Loyalty Program. These Credits are based on the tour you book and they are deposited to your Skyscraperz Account within 5 working days of your booking being confirmed on an eligible tour. These Credits can be used on the same basis as outlined above.
Skyscraperz also may offer Promo Codes from time to time and unless otherwise stated they have an expiry period of 30 days. Promo Codes can only be used for bookings for tours and the same basis as outlined above. Only one Promo Code can be added/used per booking and they may NOT be combined with Travel Credits. Skyscraperz reserves the right at any time to modify or discontinue the Friends With Benefits Referral and Rewards program either temporarily or permanently (or any part thereof) with or without notice. Skyscraperz will not be liable to you in the event of any modification, suspension or discontinuance of this program. Skyscraperz reserves the right to cancel, revoke, or otherwise prevent the issuance of Travel Credits in any suspected case of fraudulent use or misuse of this program and does not need to provide any details or explanation. Travel Credits are not redeemable for cash or equivalents. Skyscraperz's Promo Codes and Travel Credits cannot be applied on existing bookings.
The Services may contain links to third-party websites or resources. You acknowledge and agree that Skyscraperz is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Skyscraperz of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Skyscraperz used herein are trademarks or registered trademarks of Skyscraperz. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services ("Feedback"). You may submit Feedback by emailing us at customerservices@Skyscraperz.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of Skyscraperz and you hereby irrevocably assign to Skyscraperz and agree to irrevocably assign to Skyscraperz all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Skyscraperz's request and expense, you will execute documents and take such further acts as Skyscraperz may reasonably request to assist Skyscraperz to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Skyscraperz respects copyright law and expects its users to do the same. It is Skyscraperz's policy to terminate in appropriate circumstances the Skyscraperz Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted.
Termination and Skyscraperz Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate your access to the Services, and (b) deactivate or cancel your Skyscraperz Account. In the event Skyscraperz terminates these Terms, or your access to the Services or deactivates or cancels your Skyscraperz Account you will remain liable for all amounts due hereunder. You may cancel your Skyscraperz Account at any time by sending an email to customerservices@Skyscraperz.com. Please note that if your Skyscraperz Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Services, including, but not limited to, any reviews or Feedback. Operators agree that should they cease their licence to use Skyscraperz's solutions, that the Tour Review content captured using Skyscraperz will still be available for use by the Operator subject to certain limitations and conditions. The reviewers Facebook ID or Profile image must NOT be used or displayed anywhere. Whenever the tour review content is displayed the following attribution MUST be properly and clearly provided to Skyscraperz on every page where this content appears: "These tour reviews were written on Skyscraperz" where 'tour reviews' must be a link to 'www.Skyscraperz.com'.
IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT SKYSCRAPERZ DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, TRAVELLERS AND OPERATORS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SERVICES (INCLUDING THE SITE AND APPLICATION) AND COLLECTIVE CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SKYSCRAPERZ EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SKYSCRAPERZ MAKES NO WARRANTY THAT THE SERVICES OR COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SKYSCRAPERZ MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, SERVICES, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SKYSCRAPERZ OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY OPERATORS OR TRAVELLERS. YOU UNDERSTAND THAT SKYSCRAPERZ DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES OR TO REVIEW OR VISIT ANY SERVICES. SKYSCRAPERZ MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, TRAVELLERS AND OPERATORS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY SKYSCRAPERZ OR TAKE PLACE DURING AN SERVICES . NOTWITHSTANDING SKYSCRAPERZ'S APPOINTMENT AS THE LIMITED AGENT OF THE OPERATORS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM TRAVELLERS ON BEHALF OF THE OPERATORS, SKYSCRAPERZ EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY TRAVELER OR OTHER THIRD PARTY.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY SERVICES VIA THE SITE, AND ANY CONTACT YOU HAVE WITH OTHER USERS WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER SKYSCRAPERZ NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR THE COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES OR FROM YOUR LISTING OR BOOKING OF ANY SERVICES VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SKYSCRAPERZ HAS 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. IN NO EVENT WILL SKYSCRAPERZ'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY SERVICES VIA THE SITE, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SERVICES AS A TRAVELER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE AN OPERATOR, THE AMOUNTS PAID BY SKYSCRAPERZ TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE US DOLLAR ($1.00), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SKYSCRAPERZ AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification and Release
You agree to release, defend, indemnify, and hold Skyscraperz and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, 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 Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; and (c) your (i) interaction with any Member, (ii) booking of an Services , (iii) creation of a Listing or (iv) the use, condition or quality of an Services , including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of participating in or booking an Services .
If you participate in an Services with an Operator who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Skyscraperz by contacting us with your police station and report number at customerservices@Skyscraperz.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
These Terms constitute the entire and exclusive understanding and agreement between Skyscraperz and you regarding the Services and Collective Content, and any bookings or Listings of Services made via the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Skyscraperz and you regarding bookings or listings of Services, the Services and the Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without Skyscraperz's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Skyscraperz may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Skyscraperz (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of United Kingdom, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in United Kingdom for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
The failure of Skyscraperz 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 such right or provision will be effective only if in writing and signed by a duly authorized representative of Skyscraperz. 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. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Prizes and rewards
Travellers: You agree that this website, in their sole discretion, may award rewards and prizes to travellers as they see fit and we will do not need to justify the methodology behind our decisions. The prizes and rewards supplied are not redeemable for cash and this website reserves the right to cancel and withdraw any such rewards and prizes at its sole discretion without any justification required. By using our Skyscraperz Contest Application, your contact details will be included in Skyscraperz's Newsletter which shall contain a mandatory opt out at the base of each email to allow you to unsubscribe if you so choose. Operators: Our Contest App Promotions are subject to these conditions: To access the current pool of contest entrants you must agree to allow Skyscraperz to notify your past and future entrants about new Contests within Skyscraperz's network. This does not mean Skyscraperz will provide the email addresses, names, etc of your entrants to other companies, we use Facebook's 1:1 Notification API to notify past entrants about new contests that have been started. The entrants have the right to unsubscribe from these Facebook notifications and have the choice to participate in any future Contests run by yourself or other companies in Skyscraperz's network. It is not possible to target specific entrants from other companies in Skyscraperz's network. If you don't agree with the above terms your Contest entrants will not be added to the pool and you can continue to run contests via your own Facebook Page, driving new entrants from your own marketing and advertising channels.
By registering; using our Services and/or providing your email address, you understand that you will receive regular email updates about the platform, travel and other community related matters. Each email you receive shall contain a mandatory opt out at the base of each email to allow you to unsubscribe if you so choose.
If you have any questions about these Terms or any App Store Sourced Application, please contact Skyscraperz at info@Skyscraperz.com.