Terms & Conditions
Welcome to Silverlight. We want you to understand your and our rights
relating to our Services (as outlined below). Please read them carefully.
Here are a few noticeable points:
- You can ask us to delete your account and associated data at any time.
- We can cancel your account if you don't abide by our Terms and act
inappropriately.
- Silverlight is not liable for your activities while using our Services and
there are no warranties made by Silverlight.
- You agree to arbitrate if there is a dispute between us.
- You can easily reach us via hello@silverlight.store if you have any
questions or need help.
These terms & conditions apply to the website https://silverlight.store
(the “website") operated by Silverlight Inc. ("Silverlight", "we", or
"us"). The use of this website is subject to the following terms and conditions
(the "terms"). By using this website, you are entering into a legally binding
agreement and agree to these terms as well as any other terms, guidelines or rules
that apply to any portion of this website. If you do not agree to these terms,
then you should not use this website. If you have any questions about the terms,
please contact us at
hello@silverlight.store.
Terms of Service
These terms & conditions apply to the Silverlight websites, related
mobile applications and services (the "Services"). These services are made
available to you and are operated by Silverlight Inc.
("Silverlight", "we", or "us") with its address at 1207 Delaware Ave #545, Wilmington, Delaware 19806, United States.
The use of these Services is subject to the following terms and conditions
(the "Terms") in accordance with the Silverlight
Privacy Policy (the "Privacy Policy").
By using the services, you are entering into a legally binding agreement and
agree to these Terms as well as any other terms, guidelines or rules that
apply to any portion or part of the services.
BY ACCESSING, USING OR UPLOADING OR DOWNLOADING ANY INFORMATION OR MATERIALS
TO OR FROM THE SERVICES, OR BY INDICATING YOUR ASSENT TO THESE TERMS BY
CREATING AN ACCOUNT, CLICKING "SIGN UP" OR ANY SIMILAR MECHANISM, YOU ARE
AGREEING TO THE THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT
ACCESS OR USE OUR SERVICES.
If you access or use the Services on behalf of a company or other entity,
you represent that you have authority to bind such entity and its affiliates
to these Terms and that it is fully binding on them. In such case, the term
"you" will refer to such entity and its affiliates. If you do not have
authority, you may not access or use our Services. These Terms contain
disclaimers of warranties and limitations on liability that may be
applicable to you.
This Agreement is presented in the English language. Any translation of this
Agreement is for your convenience, and any meanings of terms, conditions, or
representations are subject to the definition and interpretation of the
English language.
If you have any questions about the Terms, please contact us at
hello@silverlight.store.
Privacy & Communication
Silverlight believes strongly in the protection of the privacy of users and
customers. In order to understand why, how and which information we collect
from you and how we use this information we encourage you to review our
Privacy Policy.
When you use the Services or communicate with us electronically via email or
this website you consent to receive communication from us electronically. We
are communicating with you by email, by posting on our website or via other
forms and communication channels such as social media platforms. You agree
that all agreements, notices, disclosures and other communication that we
provide you electronically satisfies any legal requirement that such
communication be in writing.
Accounts & Registration
The Services are intended solely for persons who are 13 years old or at a
higher age if required in your country to use the Services. If you are under
the legal age to form a binding contract in your jurisdiction, you represent
that your parent or legal guardian has reviewed and agreed to these Terms on
your behalf.
To use our Services, you must register an account. You agree to: (a) provide
true, accurate, current and complete information about yourself ("Personal
Data") and (b) maintain and promptly update the Personal Data. You agree
that Silverlight may use your Personal Data to provide Services that you
access or use and as otherwise set forth in these Terms. If you provide any
Personal Data that is inaccurate or not current, or Silverlight has
reasonable grounds to suspect that your Personal Data is inaccurate or not
current, Silverlight has the right to suspend or terminate your account and
refuse current or future use of the Services. In consideration of your use
of the Services, you represent that you are not a person barred from
receiving services under the laws of any applicable jurisdiction.
You may register for or log-in to your account via a third-party network,
such as Facebook or Google. If you do so, you hereby authorize Silverlight
to pre-populate the registration and other relevant information fields of
your account and/or to use such third-party credentials to log you into your
account. If you connect your account to a third-party network, you agree to
comply with the terms and conditions and policies applicable to such third
party.
Your account is personal to you, and you may not share your account
information with, or allow access to your account by, any third party. You
are solely responsible for maintaining the confidentiality of the password
associated with your account and for restricting access to your password,
your computer and mobile device while logged into the Services. You accept
responsibility for all activities that occur under your account or from your
computer and mobile devices. Any unauthorized use of your account will be
your responsibility.
You agree to use reasonable efforts to prevent unauthorized access to or use
of this website and to preserve the confidentiality of your Personal Data on
any device that you use to access the Services. You agree to notify us
immediately of any breach in secrecy of your log-in information. If you have
any reason to believe that your account information has been compromised or
that your account has been accessed by a third party, you agree to
immediately notify Silverlight of such unauthorized use of your account or
password, or any other breach of security, and confirm that you understand
all risks of unauthorized access to your Personal Data and any other
information or content you provide to Silverlight . You will be solely
responsible for the losses incurred by us and others due to any unauthorized
use of your account.
We are committed to use reasonable security measures to protect against
unauthorized access to your account. We cannot, however, guarantee absolute
security of your account, your Content (as defined below) or the personal
information you provide, and we cannot promise that our security measures
will prevent third-party "hackers" from illegally accessing the Services or
its contents.
Content
By expect you to honor our Community Guidelines.
You own the information, data, text, software, sound, photographs, graphics,
video, messages, posts, tags, or other materials you make available in
connection with the Services ("Content"), whether publicly posted, privately
transmitted, or submitted through a third party API (e.g. a photograph
submitted via Instagram).
You grant us a non-exclusive, transferable, sub-licensable, royalty-free,
worldwide license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, publicly perform and display any
Content and any name, username or likeness that you post on or in connection
with the Services in all media formats and channels now known or later
developed without compensation to you. This license ends when you delete
your Content or your account.
You understand that you, and not Silverlight, are entirely responsible for
all Content that you upload, post, email, transmit or otherwise make
available via the Services. Silverlight does not routinely screen or monitor
the Content posted to the Services by others and, as such, does not
guarantee the accuracy, integrity or quality of such Content. Silverlight
may, in its sole discretion, screen, monitor, hide, refuse or remove any
Content, or remove any Content that violates the Terms or is otherwise
objectionable. You understand that by using the Services, you may be exposed
to Content that is offensive, indecent or objectionable. Under no
circumstances will Silverlight be liable in any way for any Content,
including, but not limited to, any errors or omissions in any Content, or
any loss or damage of any kind incurred as a result of the use of any
Content made available on the Services. You agree to bear all risks
associated with the use of any Content available in connection with the
Services, including any reliance on the accuracy, completeness, or
usefulness of such Content.
You agree that Silverlight is not responsible for, and does not endorse,
Content posted on the Services. If your Content violates these Terms, you
may bear legal responsibility for that Content. As between you and
Silverlight, any Content will be non-confidential and non-proprietary and we
will not be liable for any use or disclosure of Content. You acknowledge and
agree that your relationship with Silverlight is not a confidential,
fiduciary, or other type of special relationship, and that your decision to
submit any Content does not place Silverlight in a position that is any
different from the position held by members of the general public, including
with regard to your Content. Your Content will not be subject to any
obligation of confidence on the part of Silverlight other than as set forth
in our
Privacy Policy
and your privacy controls, and Silverlight will not be liable for any use or disclosure
of any Content you provide.
The Services may provide you with the ability to mark certain Content that
you submit to the Services as private, public, or available only to select
users of the Services. Silverlight will maintain the privacy of such Content
in accordance with your selections. However, if you do not elect to mark
your Content as private or available for a limited group of other users, or
later change such designation to allow such Content to be made available to
anyone, you are responsible for the public nature of the content. Please
review our
Privacy Policy
for more information on how to manage your privacy controls.
License & Access
All parts of the Services, including images, designs, icons, photographs,
video clips, illustrations, text, downloads and other materials not made
available by you in connection with the Services, are the property of
Silverlight, its licensors, partners or affiliates and is protected by
United States, United Kingdom, European Union, Australia and international
copyright laws. Unauthorized use of any content or material made accessible
via our Services is strictly prohibited and may violate copyright and
trademark laws. If you wish to use any content provided, you need the
written permission of Silverlight.
All trademarks, service marks, and trade names (the "Trademarks") that
appear during the use of our Services are proprietary to Silverlight, or the
other respective owners of such Trademarks. You may not display or reproduce
the Trademarks in any manner without the prior written consent of
Silverlight , and you may not remove or otherwise modify in any manner any
Trademark notices from any content offered or received through this website.
The Services are for your personal and noncommercial use. You may not
modify, copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer or sell for any commercial
purposes any portion of the Services, use of the Services or access to
Content. You may not use the Services, or assist or encourage any other
party, to engage in any of the following Prohibited Activities:
- Resell or make any commercial use of the Services;
- Accessing our Services to monitor its availability, performance or
functionality;
- Permitting any third-party to access the Services;
- Modify, create a derivative work, adapt, translate, reverse engineer,
decompile, disassemble or convert any part of the Services or attempting
to extract the source code of the software underlying the Services or any
part thereof, unless expressly permitted or required by law, and in any
case, without providing prior written notice to Silverlight.
- Copy, frame, imitate, mirror, reproduce, distribute, publish, download,
display, perform, post or transmit any of Services or trademarks in any
form or by any means, including, but not limited to, electronic,
mechanical, photocopying, recording or otherwise; or
- Use any data mining, bots, spiders, automated tools or similar data
gathering and extraction methods on part of the Services or to collect any
information from the Services or any other user of the Services or using
such a tool or method to access the Services in a manner that sends more
request messages to Silverlight than a human can reasonably produce in the
same period of time by using a conventional web browser;
- Publishing, transmitting, distributing or storing content, material,
information or data that: (a) is illegal, obscene, defamatory,
threatening, harassing, abusive, or hateful or that advocates violence;
(b) is harmful to or interferes with the Services or any third party's
networks, equipment, applications, services or websites (e.g., viruses,
worms, Trojan horses, etc.); (c) infringes, dilutes, misappropriates or
otherwise violates any privacy, intellectual property, publicity or other
personal rights including, without limitation, copyrights, patents,
trademarks, trade secrets or other proprietary information (including
unauthorized use of domain names); or (d) is fraudulent or contains false,
deceptive or misleading statements, claims or representations (such as
"phishing");
- Attempting to disrupt, degrade, impair or violate the integrity or
security of the Services or the computers, services, Accounts or networks
of any other party (including, without limitation, "hacking," "denial of
service" attacks, etc.), including any activity that typically precedes
attempts to breach security such as scanning, probing or other testing or
vulnerability assessment activity, or engaging in or permitting any
network or hosting activity that results in the blacklisting or other
blockage of Silverlight internet protocol space;
- Committing any act that may be harmful to others, including minors;
- Distributing, or disclosing any part of the Services in any medium,
including without limitation by any automated or non-automated "scraping";
- Avoiding payment of charges or fees payable by you with respect to the
Services;
- Taking any action that imposes, or may impose, at our sole discretion, an
unreasonable or disproportionately large load on our infrastructure;
- Using the Services for any inappropriate commercial solicitation purposes;
- Collecting or harvesting any information relating to an identified or
identifiable individual, including account names and information about
users of the Services, from the Services;
- Using the Services for any inappropriate commercial solicitation purposes;
- Accessing any content on the Services through any technology or means
other than those provided or authorized by the Services;
- Submitting to the Services or to Silverlight any personally identifiable
information, except as necessary for the establishment and operation of
your account;
- Submitting to the Services or to Silverlight any information that may be
protected from disclosure by applicable law;
- Bypassing the measures we may use to prevent or restrict access to the
Services, including, without limitation, features that prevent or restrict
use or copying of any content or enforce limitations on use of the
Services or the content therein;
- Bypassing the measures we may use to prevent or restrict access to the
Services, including, without limitation, features that prevent or restrict
use or copying of any content or enforce limitations on use of the
Services or the content therein;
- Violating any applicable law, statute, ordinance or regulation, or
encouraging any conduct that could constitute a criminal offense or give
rise to civil liability;
- Removing any copyright, trademark or other proprietary rights notices
contained in or on the Services; or
- Executing any form of network monitoring or running a network analyzer or
packet sniffer or other technology to intercept, decode, mine or display
any packets used to communicate between the Service's servers or any data
not intended for you.
- Using location tampering software or emulators to "spoof" your location.
You are granted a limited, non-exclusive right to create a text hyperlink to
the Services for non-commercial use only, provided such link does not
portray Silverlight or any of its products or services in a false,
misleading, derogatory or otherwise defamatory manner, and provided further
that the linking site does not contain any pornographic, illegal, offensive,
harassing or otherwise objectionable material.
You understand that you are responsible for any charges associated with
sending communications via your device. You hereby acknowledge that you have
the right to communicate with your contacts via the Services.
You represent and warrant that: (i) you are authorized to create your
account, whether individually or on behalf of an organization; (ii) you own
the Content posted by you on or through the Services or otherwise have the
right to grant the rights and licenses set forth in these Terms; (iii) the
posting and use of your Content on or through the Services does not and will
not violate, misappropriate or infringe on the rights of any third party,
including, without limitation, privacy and data protection rights, publicity
rights, copyrights, trademark and/or other intellectual property rights; and
(iv) you agree to pay for all royalties, fees, and any other monies owed by
reason of Content you post on or through the Services.
Affiliate Disclaimer
We may insert affiliate links when linking to third party products and
services. When you click on/ or make a purchase through an affiliate link,
we may receive a small commission or other form of compensation at no cost
to you. Please assume that links to third parties on our website, mobile
apps or other communication channels like email, social media etc. are
affiliate links. Our use of affiliate links does not influence the products,
services and websites that we shares with you.
Payments
The price for all items available for purchase will be displayed to you when
accessing the Services. Silverlight is using the third parties like Shopify
Payments and Paypal to process payments. Shopify Payments accepts payments
through various credit cards, including Visa, MasterCard, American Express
and Discover via Stripe, as detailed on the applicable payment screen.
Paypal accepts payments through your Paypal account. If you provide your
payment information, you authorize us and certain third party service
providers, payment card networks and payment processors to receive, store
and encrypt your payment information. These transactions are subject to the
respective terms & service agreements of these third parties.
If your payment provider determines that there are fraudulent charges on
your account resulting from use of your Payment Method at the Services,
please contact us immediately via hello@silverlight.store
Currency
Our default store currency is USD. You will be able to pay in your local
currency in Australia and countries of the European Union..
Taxes
You will be solely responsible to pay any and all sales, use, value-added
and other taxes, duties, and assessments (except taxes on our net income)
now or hereafter claimed or imposed by any governmental authority
(collectively, the "Taxes") associated with your use of the Services. Except
for income taxes levied on us, you: (a) will pay or reimburse us for all
national, federal, state, local or other taxes and assessments of any
jurisdiction, including value added taxes and taxes as required by
international tax treaties, customs or other import or export taxes, and
amounts levied in lieu thereof based on charges set, services performed or
payments made hereunder, as are now or hereafter may be imposed under the
authority of any national, state, local or any other taxing jurisdiction;
and (b) will not be entitled to deduct the amount of any such taxes, duties
or assessments from payments made to us pursuant to these Terms.
If your shipping address is in the European Union or the United Kingdom, we
will charge VAT (value-added tax) at the time of checkout for orders of
physical products valued at 150 EUR for the EU and 135 GBP for the UK or
less or equivalent in your local currency and forward these value-added
taxes to the relevant tax authorities via the One Stop Shop (OSS) scheme or
via our UK VAT registration. If your physical product order is delivered
within the European Union it will not incur any additional value-added tax
liabilities.
Physical Products
Shipping
We offer free standard shipping on orders of $79 or more for physical
products. For orders below $79, shipping charges are calculated at checkout.
Standard Shipping orders should usually arrive within 5-12 working days for
most countries. Holidays, special occasions (e.g. before Christmas) or
extreme weather events may delay shipping times. We offer standard shipping
only. Express or expedited shipping is not available.
If delivery of the products to you is delayed by an event outside our
control (e.g. because of postal/courier delays, logistics or bad weather),
we'll let you know as soon as possible. If there is a risk of substantial
delay, you can contact us to cancel your order and we'll refund you for any
products you've paid for but not received.
If no one is able to take delivery and the products cannot be posted through
your letterbox, the courier will notify you of the delivery attempt and tell
you how to rearrange delivery or collection of the products.
We're currently shipping to the following countries or territories:
North America
United States, Canada
Shipping from the US or China
Europe
European Union (Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark,
Estonia, Finland, France, Germany, Greece, Gibraltar, Hungary, Ireland, Italy,
Latvia, Lithuania, Luxembourg, Malta, Monaco, Netherlands, Poland, Portugal, Romania,
Slovakia, Slovenia, Spain, Sweden)
Andorra, Iceland, Lichtenstein, Monaco, Norway, Switzerland, United Kingdom
Shipping from the EU or China.
Australia and Oceania
Australia, New Zealand
Shipping from Australia or China.
Lifetime Guarantee
We stand 100% behind our products, goods and services and pay great
attention to detail in everything we do. We strongly believe you'll be happy
with your purchase. We believe in the quality of our products so much, that
every physical product from Silverlight is covered by an unconditional
lifetime satisfaction guarantee. If you're not satisfied with any item,
simply return it to us at any time for an exchange or refund of the purchase
price, no questions asked. However each item can only be exchanged once and
the maximum items that can be refunded or exchanged are the items of the
original order.
Our guarantee applies to Silverlight products that do not meet expectations
in terms of durability, comfort and fit, however, there are things that are
not covered by our guarantee:
- Damage due to heat, fire etc. or any other damage not caused by wearing
the socks.
- Dog chews or other animal bites, damage due to intentional actions or
force majeure.
- Any losses after delivery and receipt of the products. If we receive proof
of delivery from the carrier our responsiblity ends and any goods stolen
or missing after delivery are not covered by us.
- Purchase of additional pairs with intention to return (e.g. ordering
multiple sizes and returning the ones that don’t fit)
We try to make our products as durable as possible (not just for our
customers, but also for sustainability), but any clothing product will
eventually wear out and needs to be replaced. If you feel like your
Silverlight product(s) met or exceeded the expected lifetime of the product
and you got a fair use out of what you paid, we encourage you to place a new
order.
If you want to return or exchange an item please contact us at
hello@silverlight.store. Returns & exchanges due to any problems with
our physical products are covered by our free return shipping policy. Refund
requests received within 90 days of purchase will be issued to the original
form of payment when available. Refunds processed beyond 90 days will be
issued via Silverlight store credit for future purchases.
Reviews & Feedback
We welcome your reviews, comments, feedback, suggestions, and other
communications regarding the Services and the information and services we
make available through the Services (collectively, "Feedback"). If you
provide Feedback, you hereby grant to Silverlight a worldwide,
non-exclusive, transferable, assignable, sub-licensable, perpetual,
irrevocable, royalty-free license to copy, distribute, create derivative
works of, publicly display and perform and otherwise exploit such Feedback
and to use, make, have made, sell, offer for sale, import and export
products and services based on such Feedback. For this reason, we ask that
you not send Silverlight any Feedback that you do not wish to license to us
as set forth above.
Feedback may be subject to moderation. We only publish Feedback that does
not contain content which we believe to be offensive, including language
that is unlawful, harmful, threatening, abusive, harassing, defamatory,
vulgar, obscene, sexually explicit, or racially, ethically, or otherwise
objectionable. Making feedback publicly available is under the sole
discretion of Silverlight.
Disclaimer
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE
SERVICES INCLUDING ALL INFORMATION, SOFTWARE, PRODUCTS, CONTENT AND PARTS OF
IT MADE AVAILABLE THROUGH THE SERVICES IS AT YOUR SOLE RISK, AND THAT THE
SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”
WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, OUR SUBSIDIARIES,
AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL
IMPLIED WARRANTIES REGARDING THE SERVICES AND ANY PART OF IT, INCLUDING THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING
THE GENERALITY OF THE FOREGOING, WE, OUR PARENT, SUBSIDIARIES, AFFILIATES,
AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR
USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) YOUR ACCESS TO OR USE
OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
(III) USAGE DATA PROVIDED THROUGH THE APP WILL BE ACCURATE; (IV) THE
SERVICES OR PART OF IT OR ANY CONTENT, OR FEATURES MADE AVAILABLE ON OR
THROUGH THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (V)
THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SERVICES WILL BE SECURE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN
CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT
APPLY TO YOU.
YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING
ONLINE OVER THE INTERNET, AND AGREE THAT WE HAVE NO LIABILITY OR
RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS
NEGLIGENCE.
YOU EXPRESSLY AGREE THAT SILVERLIGHT IS NOT PROVIDING MEDICAL ADVICE VIA THE
SERVICES. THE CONTENT PROVIDED THROUGH THE SERVICES, INCLUDING ALL TEXT,
PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO
CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER ACCOUNT
HOLDERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN
PLACE OF (a) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS,
(b) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL
PROFESSIONALS, OR (c) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING
OR LABEL. SHOULD YOU HAVE ANY HEALTH RELATED QUESTIONS, PLEASE CALL OR SEE
YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN
EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. YOU SHOULD NEVER
DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY
CONTENT PRESENTED ON THE SERVICES, AND YOU SHOULD NOT USE THE SERVICES OR
ANY CONTENT ON THE SERVICES FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE
TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR
COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR
CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL
RELATIONSHIP BETWEEN YOU AND SILVERLIGHT.
YOU EXPRESSLY AGREE THAT YOUR ACTIVITIES (INCLUDING, BUT NOT LIMITED TO,
RUNNING, OR HIKING) CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY
DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND
UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR
PART BY THE ACTION, INACTION OR NEGLIGENCE OF SILVERLIGHT OR BY THE ACTION,
INACTION OR NEGLIGENCE OF OTHERS. YOU EXPRESSLY AGREE TO RELEASE
SILVERLIGHT, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS,
REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE "RELEASED PARTIES")
FROM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR ACTIVITIES AND/OR USE OF
THE SILVERLIGHT WEBSITES, MOBILE APPLICATIONS, CONTENT, SERVICES OR
PRODUCTS, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS,
ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USE. YOU ALSO
AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR
USE OR MISUSE OF THE SERVICES, (b) YOUR USE OR MISUSE OF EQUIPMENT OR
PROGRAMS CREATED OR LICENSED BY SILVERLIGHT, (c) YOUR DEALINGS WITH
THIRD-PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES,
(d) ANY DELAY OR INABILITY TO USE THE SERVICES EXPERIENCED BY YOU, OR (e)
ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH
THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR
OTHERWISE, EVEN IF SILVERLIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES.
Dispute Resolution
The parties shall use their best efforts to settle any dispute, claim,
question, or disagreement directly through good-faith negotiations, which
shall be a precondition to either party initiating a lawsuit or arbitration.
Except for disputes relating to the Silverlight's intellectual property
(such as trademarks, trade dress, domain names, trade secrets, copyrights,
and patents) or if you opt out of this agreement to arbitrate, all claims
arising out of or relating to this Agreement and your use of the Services
shall be finally settled by binding arbitration administered by the Hong
Kong International Arbitration Centre in accordance with its provisions and
procedures for consumer-related disputes, excluding any rules or procedures
governing or permitting class actions. The arbitrator, and not any court or
agency, shall have exclusive authority to resolve all disputes arising out
of or relating to this Agreement, including, but not limited to, any claim
that all or any part of this Agreement is void or voidable. The arbitrator
shall be empowered to grant whatever relief would be available in a court;
provided, however, that the arbitrator will not have authority to award
damages, remedies, or awards that conflict with this Agreement. The
arbitrator's award shall be binding on the parties and may be entered as a
judgment in any court of competent jurisdiction. The place of arbitration
shall be in Hong Kong at HKIAC. There shall only be one arbitrator. The
languages to be used in the arbitral proceedings shall be English.
NOTICE: BOTH YOU AND SILVERLIGHT ARE AGREEING TO HAVE ALL DISPUTES, CLAIMS
OR CONTROVERSIES ARISING OUT OF OR RELATING TO THIS AGREEMENT DECIDED BY
NEUTRAL BINDING ARBITRATION AND ARE GIVING UP ANY RIGHTS IT MIGHT POSSESS TO
HAVE THOSE MATTERS LITIGATED IN A COURT OR JURY TRIAL. BY AGREEING TO THIS
AGREEMENT, BOTH YOU AND SILVERLIGHT ARE GIVING UP THEIR RESPECTIVE JUDICIAL
RIGHTS TO DISCOVERY AND APPEAL EXCEPT TO THE EXTENT THAT THEY ARE
SPECIFICALLY PROVIDED FOR UNDER THIS AGREEMENT. IF ANY PARTY REFUSES TO
SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, THAT PARTY MAY BE
COMPELLED TO ARBITRATE UNDER FEDERAL OR PROVINCIAL LAW. BOTH YOU AND
SILVERLIGHT CONFIRM THEIR AGREEMENT TO THIS ARBITRATION PROVISION IS
VOLUNTARY.
General
You agree that no joint venture, partnership, joint controllership,
employment or agency relationship exists between you and Silverlight as a
result of the Terms or your use of the Services. The Terms and
Privacy Policy
constitute the entire agreement between you and Silverlight with respect to your
use of the Services. The failure of Silverlight to exercise or enforce any right
or provision of the Terms shall not constitute a waiver of such right or provision.
If any provision of the Terms is found by a court of competent jurisdiction to
be invalid, the parties nevertheless agree that the court should give effect to
the parties' intentions as reflected in the provision, and the other provisions
of the Terms remain in full force and effect. You may not assign, delegate or
otherwise transfer your account or your obligations under these Terms without
the prior written consent of Silverlight. Silverlight has the right, in its sole
discretion, to transfer or assign all or any part of its rights under these Terms
and will have the right to delegate or use third party contractors to fulfill
its duties and obligations under these Terms and in connection with the Services.
Silverlight's notice to you via email, regular mail or notices, posts, or links
on the Services shall constitute acceptable notice to you under the Terms. A printed
version of the Terms and of any notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating to the Terms
to the same extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form. Section titles
and headings in the Terms are for convenience only and have no legal or contractual
effect. Any rights not expressly granted herein are reserved.
Termination
You agree that Silverlight may, under certain serious circumstances and
without prior notice, immediately suspend or terminate your account and/or
access to the Services. Cause for such suspension or termination shall
include, but not be limited to, (a) breaches or violations of the Terms or
other incorporated agreements, policies or guidelines, (b) requests by law
enforcement or other government agencies, (c) a request by you
(self-initiated account deletions), (d) discontinuance or material
modification to the Services (or any portion thereof), (e) unexpected
technical or security issues or problems, (f) extended periods of
inactivity, and/or (g) nonpayment of any fees owed by you in connection with
the Services. Termination of your account may include (x) removal of access
to all offerings within the Services, (y) deletion of your information,
files and Content associated with your account, and (z) barring of further
use of the Services. Further, you agree that all suspensions or terminations
for cause shall be made in Silverlight's sole discretion and that
Silverlight shall not be liable to you or any third party for any suspension
or termination of your account or access to the Services.
Updates
Certain provisions of the Terms may be supplemented or superseded by
expressly designated legal notices or terms located on particular pages on
the Services. Silverlight reserves the right to update the Terms at any time
and for any reason in its sole discretion. Silverlight will notify you of
any material changes to the Terms or to any service or other features of the
Services. By continuing to access or use the Services after we have provided
you with notice of a modification, you are agreeing to be bound by the
modified Terms. If the modified Terms are not acceptable to you, your only
recourse is to cease using the Services.
Silverlight and its third party service providers may make improvements
and/or changes in the Services, products, services, mobile applications,
features, programs, and prices described at any time and for any reason in
its sole discretion. The mobile application may download and install
upgrades, updates and additional features in order to improve, enhance, and
further develop the Services. Silverlight reserves the right at any time to
modify or discontinue, temporarily or permanently, the Services or any
portion thereof with or without notice. You agree that Silverlight shall not
be liable to you or to any third party for any modification, suspension or
discontinuance of the Services.
These terms have been last updated on October 6th, 2026.