Terms of Service / Privacy Policy

Effective Date: March 1st, 2012

PLEASE READ THE FOLLOWING TERMS OF SERVICE AND THE PRIVACY POLICY ("TERMS") CAREFULLY. THE TERMS GOVERN YOUR USE OF SKIM.COM ("SITE") AND THE SERVICES ("SERVICES") OFFERED THROUGH THE SITE AND BY THE SITE OPERATOR SKIM.COM INC. ("OPERATOR").

Acceptance of the Terms.Each time you access or use the Site you signify that you agree to be bound by the Terms of Service and the Privacy Policy. If you do not agree to them, you must discontinue accessing the Site and using the Services. The Operator reserves the right to update or change the Terms at any time by posting the most current version of the Terms on the Site with a new Effective Date shown. All such changes in the Terms shall be effective from the Effective Date. Your continued use of the Services after we post any changes to the Terms signifies your agreement to any such changes. By accessing the Services or becoming a member ("Member") of the Site, you consent to have this Agreement provided to you in electronic form.

Registering as a Member.Only Members can access the Services. You register as a Member at no cost by clicking on the "Play Game" Button in the "Skim" Facebook App, and by granting the Site and Services access to your Facebook profile. You agree to use for the registration your own Facebook account with your true identity. Only one account per person is allowed. The Operator is not responsible in the event that you are no longer able to access the Services or Site through Facebook as a result of a violation for failure to comply with Facebooks guidelines.

The Operator has reasonable grounds to suspect that you violate any of these Terms, as determined in the Operators sole discretion, the Operator has the right to suspend or terminate your membership, delete all or part of your data (including photos and credits) from the Site and Services, block certain IP addresses from accessing the Site and Services, and refuse current or future use of the Services or any portion thereof. The Operator reserves the right to deny, in its sole discretion, any user access to the Services without notice for any or no reason.

Use of the Services.Using the Services is free of charge except for clearly designated Premium Services. The Site and the Services are intended for your personal, non-commercial use in accordance with these Terms. You agree that you will not alter or modify any part of the Site or Services other than as may be reasonably necessary to use them for their intended purpose. You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or distribute content available on the Site and Services, or to manipulate the Site or Services, or otherwise exceed the limited access granted to you by the Operator.

The Member will take no action to interfere with, interrupt, destroy or limit the functionality of the Site or Services or any computer software or hardware or telecommunications equipment. You will not distribute or transmit any content or software or other computer files that contain a computer virus or other harmful component. You will not use the information obtained from the Site or Services to harass, stalk, or otherwise contact in any unlawful manner any person whose information you obtained from the Site or Services. You may not use the Site or Services in any manner that could damage, disable, overburden, or impair the Operators servers, or the network(s) connected to these servers, or interfere with any other party`s use and enjoyment of the Site or Services.

The Member may not attempt to gain unauthorized access to the Site or Services, other accounts, computer systems or networks connected to the Operators server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or Services. You may not reverse engineer, decompile or disassemble any software accessed through the Site or Services.

Member Posting Requirements.Members must not include in their profile any telephone numbers, street addresses, last names, URLs, email addresses, or any other similar address referencing a means of communicating with them outside of the Services, except in Services designated for communication between members ("Communication Services"). Members agree to use these Communication Services only to post, send and receive messages and material that are proper. The Operator has no obligation to monitor the user content. However, the Operator reserves the right to review materials posted to the Communication Services and to remove any user content at any time, without notice, for any reason and in its sole discretion. Members agree that they may not access or use the Services in order to:

User Content reflects only the views of its authors.The Operator specifically disclaims any liability with regard to the User Content and any actions resulting from any user participation in any Services. Members who suspect another Member of infringing any of these Terms can block this Member from accessing your profile by clicking on the "block user"-button, and additionally inform the Operator about the infringements by sending a message via the feedback form.

In-App Currency.Premium Services can be purchased with real currency and/or with the Operator`s in-app currency ("Skimmies"), which can be acquired in exchange of "Facebook Credits". The Operator can at any time add or remove Skimmies from any Member`s account at will, be it as a game-related win or loss or any other reason, such as infringement of the Terms by the Member or termination of the membership by the Member or Operator.

Operator has no obligation to refund Skimmies or to transfer any Member accounts‘ balance to any other app or account outside the Site or Services or to convert Skimmies into any other currency virtual or real. Skimmies are non-refundable in case of termination or suspension of an account.

Buying and receiving Gifts.Members may buy through the Services virtual or real gifts for other Members. They are meant as gifts and do not grant to the donor any rights in relation to the beneficiary nor do they oblige the beneficiary to anything. Once donated, the donor may not reclaim the gift or the purchasing price under any circumstances. If a gift has been rejected by the beneficiary, the part of the purchasing price which has been paid with real currency will be refunded to the donor; Skimmies are non-refundable even if the gift is rejected. In the process of buying and receiving gifts, no personal data (such as home address) will be disclosed to the other party except the information which is available on the Members profile.

Liability Limitation/Indemnity.Members use the Site and Services at their sole risk. Other than as required by law, under no circumstance will the Operator be liable for any loss or damage caused by any Members reliance on information obtained through the Site or Services. The Members are solely responsible for their interactions with other Members whether online or offline. The Operator does not in any way screen Members, i.e. for their real identity, age, or legal reputation.

To the maximum extent permitted by applicable law, in no event will the Operator or its affiliates be liable to any user or Member for any damages whatsoever, arising out of or related to the use, inability to use, unauthorized use, performance, or non-performance of the Site or Services. The Member agrees to indemnify and hold the Operator and its affiliates harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys fees) that may incur arising out of or related to the Members use of the Site or Services. The Member understands that the Site and Services and all contents are provided on an "as is" "where-is" and "where available" basis, and are subject to change at any time without notice.

Operator reserves the right to change, discontinue or suspend the Site or Services at any time for any reason and without notice and will not be liable to Members or any third party as a result of such termination, modification, discontinuance or abandonment.

Privacy Policy.By clicking allow on the Facebook permission authorization the Operator will automatically and repeatedly import the following Facebook data into the Member profile: user ID, name, home town, origin, date of birth, e-mail address, likes, interests, activities, events, profile picture, and relationship status. The member can add more information to the non-public profile (i.e. the home address or payment card numbers for sending and receiving gifts) or modify the public profile if desired. Game related information such as level status will be gathered and published during the use of the Site and Services. It is at the Members sole discretion when and to whom he or she will disclose his or her identity. However, the Operator cannot give a warranty that the Members identity will remain unrecognized by third parties.

The Member gives the Operator permission to capture, store, use and display any of the above mentioned information on the Site and Services and to share them with other users accessing the Site and Services and with third party service providers who are helping to operate the Site and Services (i.e. sending emails, processing orders, order fulfilment and sweepstake administration). The information may be used by the Operator to send Service or Site related announcements and to offer products and services. The Operator may, without the Members consent, access and disclose any information as may be permitted or required by law, or to prevent or investigate suspected fraud, violations of the Terms, or activity that appears to the Operator to be illegal or may expose the Operator to legal liability.

In the event that the Operator, or any of its businesses, are sold or disposed of as a going concern, whether by merger, sale of assets or otherwise, or in the event of an insolvency, bankruptcy or receivership, personally identifiable information of the Members may be one of the assets sold or merged in connection with that transaction. In such transactions, personal information will be subject to the promises made in any pre-existing Privacy Policy in effect when the information was obtained.

In order to gauge the effectiveness of the Site and Services, track information for statistical purposes, help diagnose and troubleshoot server malfunctions, analyze trends, and gather broad demographic information, the Operator may log IP addresses, track the Members movement within the Site and Services, referral sites, access times and browser types, and use data "cookies".

Termination of Membership.The Member may terminate the membership and remove all profile information at any time by un-installing the application from his Facebook account or by de-activating his account. In this case, all personal data will be deleted from the Operators systems.

Governing Law/Disputes.These Terms shall be governed by and construed in accordance with the laws of Switzerland. Exclusive jurisdiction and venue in connection with any dispute between you and the Operator shall lie in the federal courts located in Zurich, Switzerland.

Contacting the Operator.If you have any questions about these Terms, the Site, Services or the Operator, please contact us at contact@skim.com or write us at:

Skim.com AG
Wiedingstrasse 28
8055 Zürich
Switzerland