Terms of Use
Please read all the terms and conditions of this agreement with 1537636 Ontario Inc. o/a SkyShed (“SkyShed”) carefully. By clicking “I agree”, by using the SkyShed service, or by signing a document that refers to these terms you agree to be bound by the terms and conditions of this agreement, even if you have not read them. It is important to read this entire agreement. It contains provisions that may limit your rights, such as the section entitled Limitations.
The SkyShed Service
SkyShed operates a crowdfunding service (the “Service”) at www.starshipsproject.com. The Service raises funds from donors “(Donors”) for entities (“Project Owners”) that desire to construct an astronomical observatory (the “Project”) using SkyShed’s astronomical observatory products.
Intellectual Property
Copyright © 2019 SkyShed. All rights reserved. The contents of the Service are owned by and copyrighted by SkyShed and may contain trademarks and copyrighted material of SkyShed and others. You may print, copy or save portions for your own use only – provided that all copyright and trademark provisions remain intact.
Unauthorized use of any portion beyond that contained in the previous paragraph may violate copyright, trademark and other laws.
While SkyShed uses reasonable efforts to maintain the Services in an up-to-date fashion, it does not warrant the completeness, timeliness or accuracy of any information contained on the Service and may make changes thereto at any time in its sole discretion without notice. All information contained herein is provided to users “as is”, “with all faults,” “as available” and at your sole risk.
How The Service works
Project Owners create a page on the Service (the “Project Page”) describing their Project, funding goals, timelines, and Donor perks. Project Owners must create their pages within the format and guidelines provided by SkyShed, and for Projects that meet SkyShed’s guidelines. Budgets (“Budget(s)”) and funding goals for Projects must be approved by SkyShed. Purchases of equipment and services for the Project by the Project Owner from SkyShed will be subject to a separate agreement. Funding goals and timelines cannot be changed without SkyShed’s approval. Projects cannot be the subject of other crowdfunding platforms. A Project Owner may only have 1 project on the Service at a time. SkyShed will charge the Project Owner a fee of up to 8% of funds received through the Service by Donors, including offline funding. The Project Owner will also pay a setup fee of US$750.00 before the Project goes live.
The Project Owner is responsible for marketing the Project and bringing attention to the Project Page. SkyShed will provide the Project Owner with standard marketing materials, and will assist the Project Owner with its marketing efforts.
There is no fixed funding period. Every 6 months until the funding goal is reached, SkyShed and the Project Owner will discuss its status and future. If at any time SkyShed determines in its discretion that the Project is unlikely to succeed, or that a Project violates these terms or any agreement between SkyShed or the Project Owner, SkyShed may suspend or terminate the Project by giving written notice to the Project Owner. SkyShed will advise the Project Owner’s Donors of any termination.
In addition to funding for the construction of the observatory, funding may be raised for the ongoing operation of the Project.
Project Owners must update Donors about the progress of the Project, including the causes or reasons for any delays. Project Owners must commit to an update frequency of at least monthly.
The funding goals may be met by Donors, as well as offline funding such as corporate or benefactor funding, or Project Owner budgets. Such offline funding will be reflected on the Project Page. Project Owners must advise SkyShed of all offline funding within 7 days of receipt or commitment so SkyShed can add the amount to the Project Owner’s funding details.
Funds provided by Donors are donations, and do not entitle Donors to any products, services, ownership, or other entitlements not explicitly mentioned on the Project Page. Project Owners may provide Donors with rewards such as recognition as a donor, a plaque on the observatory, t-shirts, or entry to the observatory. Rewards must comply with SkyShed’s rewards guidelines. For example, rewards cannot be financial, illegal, weapons, or drugs.
Donor names will be made public on the Project page unless the Donor advises that they wish to donate anonymously. If a Donor wishes to be anonymous the donation will appear on the Project Page without the Donor’s name.
Donors make their donations through PayPal. The Donor funds are deposited by PayPal into a trust account operated by SkyShed. SkyShed will hold these funds in trust and will provide those funds to the Project Owner when the project goal is reached. Funds must be used by the Project Owner for the purposes outlined in their Project on the Service. Funding may be done in phases. The Donor’s funds will be tagged for use by the Project they donated to.
SkyShed cannot issue charitable receipts for Donations.
If for any reason that Project is terminated before the funds are provided to the Project Owner, the Donor will have the option of a refund, or re-directing it to another Project.
The Project Donor must include SkyShed’s logo and branding on all material relating to the Project, the form of which must meet SkyShed’s branding guidelines and be approved by SkyShed. Once funded, SkyShed may use the Project Owner’s logo and branding as an example of a successful project, the form of which must meet the Project Owner’s branding guidelines and be approved by the Project Owner.
User Responsibilities
Both Project Owners and Donors are responsible for all activity they conduct while using the Service. All information provided to the Service must be true, accurate, and complete, and will update it if it changes. You will not use the Services for purposes proscribed by SkyShed from time to time, including without limitation: illegal or inappropriate purposes; sending spam; perpetration of security breaches; hacking; privacy breaches; fraudulent activity; money laundering, distribution of viruses or other harmful code; transmission, distribution or storage of any material protected by copyright, trademark, trade secret or other intellectual property right without proper authorization or rights, or material that is infringing, obscene, defamatory, fraudulent, untruthful, misleading, disrespectful, discriminatory, or abusive; any unauthorized access, alteration, theft, corruption or destruction of files, data, transmission facilities or equipment; or to interfere with any other person’s use and enjoyment of the Services. Project Owners may request information from Donors required to process donations and provide rewards, but should not ask for excessive information. If you are posting information on publicly accessible areas of the Services, keep in mind that anyone can see it.
SkyShed does not routinely monitor all material placed on the Service, but may in its discretion delete or modify any material offending this agreement that comes to its attention. SkyShed may suspend or delete any accounts at its discretion. SkyShed is not responsible for and does not endorse anything users post on the Service.
SkyShed acquires no ownership interest in anything you post on the Service. You grant to SkyShed a license to use and display for the purposes of the Service, and any related uses or promotion, anything you post on publicly accessible areas of the Service at no cost to SkyShed.
Infringing content
If you believe that anything posted on the Service offends your copyright or other intellectual property rights, is defamatory, or otherwise infringes your rights, you may email SkyShed at the email address at the bottom hereof. We will take actions we believe are appropriate in the circumstances.
Logon ID’s and Passwords
Use of some of the Services (such as donating) requires a logon ID and password. Donors must be at least 18 years of age to obtain a logon ID. It is your responsibility to protect that information, including without limitation, to use effective passwords that are not easily guessed or discoverable, and keep logon ID’s and passwords confidential. You may not use a logon ID that suggests you are someone you are not. You are responsible for any activity that occurs under your logon ID. You will advise SkyShed immediately if you discover any compromise of your passwords or suspect unauthorized use of the Service using your identity.
Limitations
SkyShed tries to provide accurate information on this Service, but errors may occur. SkyShed and the Project Owners reserve the right to change the information and services available through the Services without any notice or liability. SkyShed and the Project Owners cannot guarantee that projects advertised on the Service will be available when scheduled or thereafter. SkyShed and Project Owners reserve the right at any time to reject, correct, cancel or terminate any project or donation for any reason whatsoever.
SkyShed is not acting as any kind of guarantor or warranty provider for any actions or inactions of Project Owners, nor as to a Project, nor as to the provision of rewards, nor as a guarantor for payment by Donors. SkyShed is not responsible for the success or failure of a Project or the amount of funds raised. SkyShed is merely a funding conduit.
While SkyShed will use reasonable commercial efforts to deliver its goods and services on an agreed timeline, it is not responsible for delays as described in the Force Majeure section herein.
SkyShed has no responsibility of any kind for the services, actions, or inactions of Project Owners or Donors other than as explicitly stated in this agreement. All promises made by SkyShed are contained in this agreement. No promises implied by law (whether described as warranties, conditions, representations, or otherwise, and whether relating to merchantability, fitness, non-infringement, or otherwise) apply.
You cannot collect any damages from SkyShed for any reason (whether under legal theories of contract, tort, negligence, strict liability, operation of law or otherwise) that are not direct damages or exceeds $100.00.
SkyShed relies on these limitations and the force majeure provisions when entering this agreement and setting its fees. They are a fundamental and essential part of our arrangement and apply even if this agreement has failed in its fundamental or essential purpose or been fundamentally breached.
Governing Law
This Service is governed by the laws of the Province of Ontario excluding any conflicts of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods. Any legal action against SkyShed shall take place in the courts of Ontario. The parties attorn to the non-exclusive jurisdiction of the courts of Ontario.
Project Owner Content and Links
Any Project Owner content on this Service and any third party sites that are linked to this Service are not under SkyShed control. SkyShed is not responsible for any Project Owner content on this Service or anything on the linked sites, including without limitation any content, links to other sites, any changes to those sites, or any policies those sites may have. SkyShed provides Project Owner content and links for their use of the Service only and such links do not imply any endorsement by SkyShed of that content or sites.
Privacy
Please see our Privacy Policy [insert URL]
Changing These Terms
SkyShed may change these terms by posting notice on the Services. These terms were last revised on November 18, 2019.
Force Majeure
SkyShed will use reasonable commercial efforts to deliver to the Project Owner’s building site all of the materials and equipment to be provided by SkyShed listed in the Budget “Schedule A” within 180 days after the Project obtains the total project funding. Or within 180 days if delivering only the SkyShed POD MAX in the case of phase one funding being achieved prior to total project funding.
SkyShed may delay delivery of major Project equipment and items if it is determined that the required infrastructure (POD MAX base) needed to erect the SkyShed POD MAX is not yet in place. It is the Project Owner’s obligation to have the base and location ready to build the SkyShed POD MAX on within 180 days of total Project funding being achieved, or within 180 days of achieving phase one Funding, whichever comes first, or as pre-agreed upon by SkyShed and the Project Owner and noted in the Budget “Schedule A”.
Some of the equipment funded as part of a Project may be custom made or made in small batches, and in rare cases may take more than 180 days to acquire and deliver to the building site. SkyShed will advise the Project Owner when it becomes aware of any such possible delays.
SkyShed and the Project Owners are not liable for any failure to perform, omission, or delay in the execution of their obligations hereunder caused by anything described in this section or by other event beyond its reasonable control or changes in legal regulation. SkyShed and the Project Owners may extend the time for performance by a reasonable time if an extension is feasible in their discretion.
Securities
Nothing on this Service is intended to be an offering for sale of SkyShed securities to the public.
Contact SkyShed
SkyShed may be contacted at:
info@skyshed.com
519-272-9081
RR 2, Staffa
ON, N0K 1Y0
Canada