PLEASE READ THE FOLLOWING SITE TERMS CAREFULLY. ANY PURCHASES OFF OF OUR WEBSITE WILL CONSTITUTE ACCEPTANCE OF THESE TERMS.
NOTE:
No copyrighted material, nudity, violence, drugs, or otherwise explicit content will be accepted for print.
These terms ("Terms") apply to all uses you ("You") may make of this website (the "Site") including,
but not limited to any: use of the Site's product customization and ordering service ("Service")
and skin products ("Skins" or "Products").
1. Your Submissions to the Site
1.1 Under these Terms, You may NOT place any of the following material or obtain any such material
using the Service (a "Submission"):
* *Any threatening, obscene, pornographic or profane material or any other material that could give rise to any civil or criminal liability under applicable law.
* Any material that could infringe rights of privacy, publicity or copyrights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material.
* *Any material sent from an anonymous or false address.
1.2 While Skinit, Inc. ("Seller") is not responsible for the content of the Submissions,
Seller reserves the right to delete, move or edit submissions that it, in its sole discretion,
deems abusive, defamatory, obscene or in violation of copyright or trademark laws or otherwise
unacceptable. Seller may request confirmation of the copyright or trademark ownership from You.
Seller reserves the right to suspend the shipping of any Skin order before such confirmation is
received. If Seller does not receive any such confirmation or if there are continued claims of
copyright or trademark infringement, Seller reserves the right to share certain account
information with governmental organizations or other third parties. If You dispute any
copyright or trademark infringement claims, Seller will share with You the contact information
of any party claiming any such infringement. In the event of any such dispute, Seller reserves
the right to suspend production and shipment of the Skin until such dispute has been resolved.
In addition, You warrant that all moral rights in any uploaded materials have been waived.
Your physical or electronic sharing of Your images constitutes permission for reprinting by
Seller. Seller will not be liable for the content of any Submission.
1.3 Copyright Notice. Seller is committed to protecting photographers' copyrights. You are required by
US law to own the right to or to obtain permission to use any image before the image is uploaded or becomes
a Submission to Seller. If You believe that Your work has been copied in a way that infringes Your
copyrights, please contact Seller at the following address and provide all relevant details.
Customer Service:
ATTN: Licensing, SkinIt.com, 8969 Kenamar Dr., Ste 108, San Diego, CA 92121. Email: licensing@SkinIt.com
1.4 Unauthorized Use of Copyright Materials. If You knowingly or unknowingly include
copyrighted material in a Submission, and if Seller representatives discover that,
the following will occur:
* * All processing of Your order shall cease.
* * Seller will notify You of the unauthorized Submission.
* * Seller will not refund Your funds for that Submission, but, instead, shall send
You a Pin Card which will allow You to choose one Skin of similar size, with any branded or
unbranded content from Seller's current selection
2. Customer Support and Age Requirements
You must be at least 13 years of age to use the Site. If You, Your parent or guardian,
have any concerns please feel free to contact Seller at customer support
support@skinit.com.
3. Copyrighted Material, Software and Intellectual Property Rights
All of the information, content, software and materials Seller offers at the Site are
protected by copyright and other pertaining laws. You may not copy or distribute such
material without the copyright owner's prior written consent. You may use these materials
for personal, non-commercial use only, so long as you do not modify the materials or
remove any copyright or other proprietary rights notices contained in the materials.
The Marks and other brand names in this Site are the worldwide trademarks or registered
trademarks of Skinit or are being used with the rights secured by Skinit, hereunder.
Trademarks of other parties are identified wherever possible and Seller acknowledges
their rights.
4. Privacy Policy
When You create an account with Seller, You need to provide some personal information,
such as Your name, email address, and mailing address. Seller will protect and use this
information as stated in our Privacy Policy.
5. Indemnification
You agree to indemnify, defend and hold harmless Seller, its affiliates and subcontractors,
and all their officers, directors, employees, agents, licensors, suppliers and any third
parties providing information relating to the Products or Service from and against all
losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from
any violation of these Terms or any activity related to Your account (including negligent
or wrongful conduct) by You or any other person purchasing Products or accessing the
Service using Your account.
6. Claims
Any action under these Terms must be brought, if at all, within one year from the accrual
of the cause of action. You and Seller agree that any claims under these Terms shall be
subject to the laws of the State of California, and hereby consent to jurisdiction and
venue in the courts of San Diego, California.
7. Export
You are responsible for compliance with all local laws, and You are required to comply
with U.S. export laws and regulations when You use or export any software or materials
provided through the Service.
8. Disclaimer of Warranties for Skins
THE SKINS AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN AS IS AND AS AVAILABLE
BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, SELLER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SELLER MAKES NO WARRANTY
THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE SITE
OR SELLER'S SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SELLER MAKES NO WARRANTY
REGARDING ANY SOFTWARE, SKINS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY OF ANY SOFTWARE, SKINS
OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH THE SITE OR ADVERTISED THROUGH THE SITE.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL SELLER BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE
USE OR THE INABILITY TO USE THE SITE OR SERVICES, FROM ANY CHANGES TO THE SITE OR SERVICES,
OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. Miscellaneous
10.1 Seller may assign its rights and responsibilities under these Terms without
notice to You. All items purchased through Seller are made pursuant to a shipment
contract. This means that the risk of loss and title for such items pass to You on
our delivery to our carrier (ie, F.O.B. Seller's facility).
10.2 If any part of these Terms is held to be invalid or unenforceable, then the
invalid or unenforceable provision will be deemed superseded by a valid, enforceable
provision most closely matching the intent of the original provision and the remainder
of the Terms will continue in effect.
10.3 These Terms constitute the entire agreement between You and Seller with respect
to the Site, Products and Service, and supersede all other communications, written or
oral, with regard to that subject matter.