Terms

By accessing the Sky web application, you are agreeing to be bound by these Terms and Conditions of Use, including all applicable US laws and regulations, and you agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing our websites (promontoryllc.com, promontorysky.com) or the Sky app (app.promontorysky.com). Sky and it’s websites is protected by applicable copyright and trademark law.

Use License

Permission is granted to use Promontory Brands, LLC’s website (promontoryllc.com and promontorysky.com) and Sky application (app.promontorysky.com), for personal and commercial viewing. This is the grant of a license, not a transfer of title, and under this license you may not: 

• modify or copy the application; use the application for any evil purposes, or for any public display without our permission (commercial or non-commercial) ;
• attempt to decompile or reverse engineer any software contained on Promontory Brands, LLC’s website (promontoryllc.com and promontorysky.com) and Sky application (app.promontorysky.com);
• remove any copyright or other proprietary notations from the application; or
• transfer your Sky license to another person or “mirror” Promontory Brands, LLC’s website (promontoryllc.com and promontorysky.com) and Sky application (app.promontorysky.com) on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Promontory Brands, LLC at any time. Upon terminating your viewing of the Sky application or upon the termination of this license, you must destroy any downloaded version in your possession whether in electronic or printed format.

At your request, in order to comply with GDPR, we will remove your personal data from the Sky application.  To request this, send an email to help@promontorybrands.com 

Disclaimer

Promontory Brands, LLC’s website and Sky application are provided “as is”. Promontory Brands, LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Promontory Brands, LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the application on its website or otherwise relating to such applications on any sites linked to this website.

Limitations

In no event shall Promontory Brands, LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use Promontory Brands, LLC’s website (promontoryllc.com and promontorysky.com) and Sky application (app.promontorysky.com) even if Promontory Brands, LLC or its authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Revisions and Errata

The materials appearing on Promontory Brands, LLC’s website (promontoryllc.com and promontorysky.com) and Sky application (app.promontorysky.com) could include technical, typographical, or photographic errors. Promontory Brands, LLC does not warrant that any of the materials on its website are accurate, complete, or current. Promontory Brands, LLC may make changes to the materials contained on its website at any time without notice. Promontory Brands, LLC does not, however, make any commitment to update the materials.

Links

Promontory Brands, LLC has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked website. The inclusion of any link does not imply endorsement by Promontory Brands, LLC of the website. Use of any such linked website is at the user’s own risk.

Site Terms of Use Modifications

Promontory Brands, LLC may revise these terms of use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Governing Law

Any claim relating to Promontory Brands, LLC’s website shall be governed by the laws of the State of California without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Website.

Acceptable Use Policy:

Our goal is to help you to do your best work. To do this, we need to keep our products and services running smoothly, quickly, and without distraction. For this to happen, it is mandatory that you do not misuse or abuse our products and services.

We’ve created this Acceptable Use Policy to describe exactly what we mean by “misuse” or “abuse” – and help us identify such transgressions, and react accordingly. Under this policy, we reserve the right to remove content that is inconsistent with the spirit of the guidelines, even if it’s something that is not forbidden by the letter of the policy. In other words, if you do something that isn’t listed here exactly, but it looks or smells like something listed here, we may still remove it. You’ll see the word “services” a lot throughout this page. That refers to all websites owned or operated by Promontory Brands (promontoryllc.com, promontorysky.com and the web application app.promontorysky.com). 

Definitions:

In this Acceptable Use Policy, the term “content” means:

(1) any information, data, text, software, code, scripts, music, sound, photos, graphics, videos, messages, tags, interactive features, or other materials that you post, upload, share, submit, or otherwise provide in any manner to the services and

(2) any other materials, content, or data you provide to Promontory Brands, LLC or use with our Services.

What follows is our legally significant and enforceable policy. We do not allow the following:

1) Disruption

Compromising the integrity of our systems. This could include probing, scanning, or testing the vulnerability of any system or network that hosts our services. Tampering with, reverse engineering, or hacking our services, circumventing any security or authentication measures, or attempting to gain unauthorized access to the services, related systems, networks, or data. Modifying, disabling, or compromising the integrity or performance of the services or related systems, network or data.

Deciphering any transmissions to or from the servers running the services. Overwhelming or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources (CPUs, memory, disk space, bandwidth, etc.), such as:

• Using automated systems such as “robots,” “spiders,” “offline readers,” or other systems to send more request messages to our servers than a human could reasonably send in the same period of time by using a normal browser

• Going far beyond the use parameters for any given service as described in its corresponding documentation

• Consuming an unreasonable amount of storage for music, videos, pornography, etc., in a way that’s unrelated to the purposes for which the services were designed. 

2) Wrongful Activities

Misrepresentation of yourself, or disguising the origin of any content (including by “spoofing”, “phishing”, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with Promontory Brands or any third party). Using the services to violate the privacy of others, including publishing or posting other people’s private and confidential information without their express permission, or collecting or gathering other people’s personal information (including account names or information) from our services. Using our services to stalk, harass, or post direct, specific threats of violence against others. Using our services for any illegal purpose, or in violation of any laws (including without limitation data, privacy, and export control laws). Accessing or searching any part of our services by any means other than our publicly supported interfaces (for example, “scraping”). Using meta-tags or any other “hidden text” including Promontory Brands or our suppliers’ product names or trademarks.

3) Inappropriate Communications

Using the services to generate or send unsolicited communications, advertising, chain letters, or spam. Soliciting our users for commercial purposes, unless expressly permitted by Promontory Brands, LLC. Disparaging Promontory Brands, LLC or our partners, vendors, or affiliates. Promoting or advertising products or services other than your own without appropriate authorization.

4) Inappropriate Content

Posting, uploading, sharing, submitting, or otherwise providing content that:

• Infringes Promontory Brands, LLC or a third party’s intellectual property or other rights, including any copyright, trademark, patent, trade secret, moral rights, privacy rights of publicity, or any other intellectual property right or proprietary or contractual right.
• You don’t have the right to submit.
• Is deceptive, fraudulent, illegal, obscene, defamatory, libelous, threatening, harmful to minors, pornographic (including child pornography) indecent, harassing, hateful.
• Encourages illegal or tortious conduct or that is otherwise inappropriate.
• Attacks others based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability, or medical condition. 
• Contains viruses, bots, worms, scripting exploits, or other similar materials - Is intended to be inflammatory.
• Could otherwise cause damage to Promontory Brands or any third party. 

5) Consequences

Without affecting any other remedies available to us, Promontory Brands, LLC may permanently or temporarily terminate or suspend a user’s account or access to our services without notice or liability if Promontory Brands, LLC (in its sole discretion) determines that a user has violated this Acceptable Use Policy.