Effective Date: January 25, 2022
Acceptance of the Terms of Service
Thank you for visiting our websites (including those located at skyship.tv and supersimple.com) and using our products as services (including the Super Simple mobile application). These Terms of Service collectively refer to our digital products and services, including our websites and mobile application, as the “Services”. These Terms of Service are a legal agreement between people who use the Services (referred to as a “user” or “users”) and Skyship Entertainment Company (referred to as “Skyship”, “we”, or “us”). These Terms of Service govern access to and use of the Services by users. By using and accessing the Services, users, on their own behalf and on behalf of their children, agree to these Terms of Service. Users who do not agree to these Terms of Service should not use the Services.
Modifications to the Terms of Service and to the Services
Skyship may, in our sole discretion, amend these Terms of Service at any time. Any updates will be effective when posted on the Services. Users are responsible for periodically reviewing the Terms of Service to be aware of changes. By continuing to use the Services, users agree to such changes.
The Services, and the information and material on the Services, may be changed by Skyship at any time. Skyship will not be liable if, for any reason, all or any part of the Services is restricted to users or unavailable at any time.
Use of the Services
The security of user information is very important to us. We use measures designed to secure user information from accidental loss and from unauthorized access, use and disclosure.
The safety and security of user information also depends on users. Users are responsible for their own access to the Services. Users must ensure anyone who accesses the Services through their internet connection is aware of these Terms of Service and complies with them. It is a condition of using the Services that all the information users provide on the Services and/or to us related to the Services are correct, current, and complete. If such information has changed, contact us immediately at the contact information below.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect user information, we cannot guarantee the security of user information transmitted to our Services. Any transmission of information is at a user’s own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.
Users are prohibited from attempting to circumvent or violate the security of the Services, including: (a) accessing content and data that is not intended for them; (b) attempting to breach or breaching the security and/or authentication measures; (c) restricting, disrupting or disabling service to other users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting our ability to monitor the Services; (f) using any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any material on the Services; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is, or potentially is, malicious or technologically harmful; (h) attacking the Services via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Services.
Account Set-up and Subscription Services
To access certain parts of the Services, such as subscription services available on the Super Simple mobile application (“Membership Services”), users may need to create an account (“Account”) that requires a username and password (“Login Credentials”). A user must be at least sixteen (16) years of age to create an Account. Membership Services may also be accessed by logging in through a user’s Apple ID or Google account. Users must not share their Login Credentials. Users are responsible for any activities that happen through their Account. Skyship reserves the right to terminate Membership Services or remove a user’s Account at any time and for any reason.
In order to access Membership Services, users need to purchase a subscription (“Subscription”). A Subscription may be purchased on our website, supersimple.com, or on the Super Simple mobile application through the Apple App Store or Google Play Store. A Subscription may be used to access Membership Services on more than one device. Users are not required to have a Subscription to use the Super Simple mobile application; however, certain content and features of the Super Simple mobile application are only available to those users who have purchased a Subscription.
To purchase a Subscription users must pay a subscription fee (a “Subscription Fee”) based on their chosen subscription period (either one month, six months, or one year) (each as “Subscription Period”). Skyship may, in our sole discretion, change the Subscription Fee at any time by providing written notice, which change shall be effective at the end of the then current Subscription Period. A user’s Subscription will automatically renew upon the expiration of the then current Subscription Period, unless cancelled by the user prior to its renewal. Each Subscription will automatically renew for a Subscription Period equal to the previous Subscription Period (for example, a one-year Subscription will automatically renew for a one-year Subscription Period, a one-month Subscription will automatically renew for a one-month Subscription Period).
The Subscription Fee must be paid using a payment mechanism (e.g. credit card) permitted by the third-party service provider processing the payment. By purchasing a Subscription, users authorize their payment mechanism to be automatically charged at the beginning of each applicable Subscription Period. If payment is not received, a user will not be given access to the Membership Services.
A user may cancel their Subscription at any time, effective at the end of the then current Subscription Period. If the Subscription was purchased through supersimple.com, it may be cancelled by visiting the “My Account” section on supersimple.com. If the Subscription was purchased through the Apple App Store or the Google Play Store it may be cancelled through the respective subscription management features of those services providers. If a Subscription is cancelled, users will continue to have access to Membership Services until the end of the then current Subscription Period, after which no further Subscription Fee will be charged.
Intellectual Property Rights and Ownership
The Services and all of their content, features, and functionality (collectively, the “Services Content”), including, without limitation, all information, software, code, text, displays, graphics, photographs, video, audio, audio-visual content, design, presentations, selections, and arrangements, are owned by Skyship and are protected in all forms by intellectual property laws including, without limitation copyright, trademark, moral rights and any other proprietary rights.
All trademarks, logos, product and service names, designs, images, and slogans displayed on the Services or within the Services Content are trademarks of Skyship and/or others. Users may not use such intellectual property without the prior written permission of the trademark owner. Use of any such intellectual property, except as expressly authorized in writing, will constitute an infringement and/or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
Users may only use the Services for personal and non-commercial use. Users shall not remove or alter any copyright, trademark or other legal notices from the Services or the Services Content. Users may not modify, copy, distribute, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services except where Skyship has given express written permission in advance or is otherwise permitted by law. Skyship expressly permits the following uses, where applicable:
- users’ computers and browsers may temporarily store, or cache, copies of Services Content being accessed and viewed;
- users may download and print a reasonable number of copies of Services Content (including materials from our “Free Printables” section) for their personal, non-commercial and lawful use only, provided that no proprietary notices are removed from such materials, and provided that Skyship shall determine what is deemed reasonable in the circumstances; and
- in the event social media platforms are linked to certain content on the Services, users may take such actions as the Services and such third-party social media platforms specifically allow.
If a user prints, copies or downloads any part of our Services in breach of these Terms of Service, that user’s right to use the Services will cease immediately and that user must, at our option, return or destroy any copies of the materials they printed, copied or downloaded. Users have no right, title, or interest in or to the Services or to any Services Content, and all rights not expressly granted are reserved by Skyship. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may infringe or violate copyright, trademark, and/or other intellectual property or other proprietary laws, and could subject the infringer to legal action.
User Submissions and Conditions of Use
Users warrant and agree that any use of the Services and any User Submissions will not:
- Use the Services in violation of any applicable law.
- Violate the Terms of Service of any third-party website that is linked to the Services, including but not limited to, any third-party social media website.
- Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in our sole discretion.
- Involve stalking, attempting to exploit or harm any individual (including but not limited to minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code.
- Involve, provide, or contribute any false, inaccurate, or misleading information.
- Impersonate or attempt to impersonate Skyship; a Skyship employee, independent contractor or director; another user; or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
- Transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
- Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Skyship or users of the Services or potentially expose them to liability.
- Attempt (or encourage or support any one else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Services or the Services Content.
- Use the Services in violation of the intellectual property or other proprietary or legal rights of Skyship or any other person or entity.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.
Enforcement, Suspension, and Termination
Skyship has the right, without provision of notice to:
- Take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating the User Submissions and Conditions of Use or these Terms of Service.
- Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Services. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services.
- Terminate or suspend a user’s access to all or part of the Services for any or no reason, including, without limitation, any violation of these Terms of Service.
USERS WAIVE AND HOLD HARMLESS SKYSHIP AND ITS SUBSIDIARIES AND AFFILIATES, AND COLLECTIVELY THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS (COLLECTIVELY THE “SKYSHIP PARTIES”) FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY SKYSHIP AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY SKYSHIP OR LAW ENFORCEMENT AUTHORITIES.
The Services Content is provided for general information purposes only. It is not intended to amount to advice on which users should rely. Users must obtain more specific or professional advice before taking, or refraining from, any action or inaction based on the Services Content.
Although we make reasonable efforts to update the Services Content, we make no representations, warranties, or guarantees, whether express or implied, that the Services Content is accurate, complete, or up to date. Use of the Services by users is at their own risk and neither Skyship nor the Skyship Parties have any responsibility or liability whatsoever for use of the Services by users.
The Services may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from our Services. If users choose to access any such sites, they do so at their own risk. Skyship has no control over the contents of any such third-party sites and accepts no responsibility for such sites or for any loss or damage that may arise from use of them. Users are subject to any terms and conditions of such third-party sites.
Users may link to our Services, provided they do so in a way that is deemed by us to be fair, and legal, and does not damage our reputation or take advantage of it. Users must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. Our Services must not be framed on any other site. We reserve the right to withdraw linking permission without notice. Users agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.
All orders, subscriptions, purchases, and transactions for the sale of goods or services made available on supersimple.com are processed by our third-party services providers Shopify and Stripe, which have their own terms of service and privacy policies for which Skyship is not responsible. We strongly recommend that users review any applicable third-party policies before making purchases through our Services.
Disclaimer of Warranties
USERS UNDERSTAND AND AGREE THAT USE OF THE SERVICES, THE SERVICES CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES IS AT THEIR OWN RISK. THE SERVICES, THE SERVICES CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER SKYSHIP NOR THE SKYSHIP PARTIES MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE SERVICES OR THE SERVICES CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER SKYSHIP NOR THE SKYSHIP PARTIES REPRESENT OR WARRANT THAT THE SERVICES, THE SERVICES CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SERVICES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. USERS ARE SOLELY AND ENTIRELY RESPONSIBLE FOR THEIR USE OF THE SERVICES AND THEIR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT USER’S COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO USE OF THE SERVICES OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES OR TO USERS DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE LINKED TO IT.
Limitation on Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, IN NO EVENT WILL SKYSHIP OR THE SKYSHIP PARTIES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF DATA, WHETHER CAUSED BY BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), ANY OTHER THEORY OF LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR RELIANCE ON THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT A USER WAS ADVISED OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT WHERE SUCH LIMITATIONS ARE PROHIBITED BY LAW, IN NO EVENT SHALL SKYSHIP OR THE SKYSHIP PARTIES’ AGGREGATE LIABILITY, WHETHER CAUSED BY BREACH OF CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR RELIANCE ON THE SERVICES, EXCEED THE TOTAL AMOUNT PAID TO SKYSHIP BY THE USER MAKING THE CLAIM IN THE ONE (1) MONTH PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
To the maximum extent permitted by applicable law, each user agrees to defend, indemnify, and hold harmless Skyship, the Skyship Parties and their respective assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including legal fees) arising out of or relating to that user’s breach of these Terms of Service or use of the Services, including, but not limited to, User Submissions, third-party sites, any use of the Services Content, services, and products other than as expressly authorized in these Terms of Service.
Governing Law and Choice of Forum
The Services and these Terms of Service will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the province of Ontario or any other jurisdiction) and notwithstanding a user’s domicile, residence, or physical location.
Any action or proceeding arising out of or relating to the Services and under these Terms of Service will be instituted in the courts of the Province of Ontario. Each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. Users waive any and all objections to the exercise of jurisdiction by such courts and to the venue of such courts.
BY ENTERING INTO THESE TERMS OF SERVICE, USERS EXPRESSLY WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST SKYSHIP OR THE SKYSHIP PARTIES.
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms of Service operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
If any term or provision of these Terms of Service is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of these Terms of Service or invalidate or render unenforceable such term or provision in any other jurisdiction.
Reporting and Contact
The Services are operated by Skyship Entertainment Company. All notices of copyright infringement claims, reporting of misuse of the Services (including libellous or defamatory conduct), comments, questions, requests for technical support and other communications relating to the Services should be sent to:
Skyship Entertainment Company
ATTN: Privacy Dept.
P.O. Box 40021
Liberty Village PO
Toronto, ON M5V0K7, Canada