Your use of our products and services available at www.skookii.com is subject to the terms of this legal agreement between you and Skookii, Inc., as amended from time to time.
This “Terms of Service” (referred to below as this “TOS”) has been written to describe the conditions under which we make the Skookii service and products (the “Site”) available to you through our websites and mobile applications. In this TOS, “we” and “us” means Skookii, Inc., a Delaware corporation, and “you” means the person using the Site. “Both of us” or “Either of us” means both or either of you or us. This TOS discusses important limitations about the way you may use and rely upon materials you find on the Site. Read this TOS carefully. By using the Site, you will be deemed to have accepted this TOS. If you do not accept this TOS or if your right to use the Site has been terminated (see below), you may not use the Site.
You are only authorized under this TOS to use the Site individually. By requesting to use, and/or using the Site, you represent and warrant that you have the right, authority and capacity to enter into this TOS and you commit to abide by this TOS.
We sell provide services for adults and children, but we provide them to adults, who can transact with a credit card or other permitted payment method. If you are under 18, you may use the Site only with involvement of a parent or guardian. Accordingly, any individual under the age of 18 years ("Minor") must have a parent or guardian accept this TOS in order for such Minor to use the Site. A parent or guardian who accepts this TOS on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with this TOS, including any payment obligation. A parent or guardian who accepts this TOS on behalf of a Minor will continue to be primarily liable for the obligations mentioned in this TOS even when the Minor has attained the age of 18, unless the parent or guardian obtains the Company’s express written consent to the contrary. You may submit or arrange for the submission of proposed transaction on behalf of a group of individuals (such as a team or league) (a “Group”). In such case, if you identify yourself as an organizer of that Group, then you promise that you are authorized on behalf of the Group to enter into this Agreement and you have authorization to obtain and provide to us information about the Group, solicit the Transaction Information (see below) from other members of the Group on behalf of the Group, and that the agreements in this TOS are made by you on behalf of the Group. Due to restriction on the storage and use of personal information, no person under the age of 13 may use the Site. Any information relating to a person under the age of 13 must be submitted by parent or guardian of such individual. You hereby authorize us to verify your representations and warranties herein, and you acknowledge that we reserve the right, but not the obligation, to verify such representations and warranties, and to take action we deem appropriate in our sole discretion, including but not limited to terminating your right to use the Site, should we determine, in our sole opinion, that you have violated any representation or warranty or any other provision of this TOS.
As part of the transaction process, you may submit to us personal information relating to your transaction (your “Transaction Information”). In providing Transaction Information to us with the Site you grant us the nonexclusive, royalty-free, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such Transaction Information for the purpose of providing you goods and services through the Site, and may use and disclose it in aggregate form, for benchmarking, improvements to products and services, or marketing. You promise us that you own or otherwise control all of the rights to the Transaction Information that you make and have the right to submit it for this purpose; that our use of the Transaction Information will not violate any third party rights. You also promise that the materials you submit, our use of that materials, and your use of the items will provide you will not violate our standards of conduct posted at www.skookii.com/conduct as amended from time to time. You will indemnify us for all claims resulting from any violation of your promises above.
We (or the third parties providing materials through the Site) retain all copyright and other proprietary rights in the Site or the materials available through the Site. You may not modify the materials in the Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. The materials in the Site are copyrighted and any unauthorized use of any materials at the Site may violate copyright, trademark, and other laws.
You may use comment or other features, if provided via the Site, to provide suggestions or other communications (your “Comments”), but in providing Comments to us with the Site you grant us the nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such Comments throughout the world in any media. You promise us that you own or otherwise control all of the rights to the Comments that you make and have the right to submit it for this purpose; that the content is accurate; that use of the Comments you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assumes no liability for any content posted by you or any third party.
You agree not to use the Site in violation of our standards of conduct posted at www.skookii.com/conduct as amended from time to time, in particular you may not: use the Site in a manner that would cause you or us to violate any applicable local, state, national or international law, any rules, regulations, requirements, procedures or policies in force from time to time relating to the Site, and any export or re-export laws, rules and regulations; interfere with or disrupt the Site or take any steps to interfere with or in any manner compromise any security measures with respect to the Site or any data or file transmitted, processed or stored on or through the Site.
It is our policy to respond to notices of alleged copyright infringement that comply with applicable intellectual property law (including the Digital Millennium Copyright Act) and to terminate the right of repeat infringers to use the Site. Details of our policy can be found at skookii.com/dmca
The Site is provided “AS IS” without warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you. In no event will we, our suppliers, or other third parties be liable for any damages whatsoever (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the Site, whether based on warranty, contract, tort or any other legal theory and whether or not we have been advised of the possibility of such damages. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so these limitations or exclusions may not apply to you.
You agree to indemnify, hold harmless and defend us and our subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, at your expense, against any and all third party claims or demands, actions, proceedings and suits and all related liabilities, damages, settlements, penalties, fines costs and expenses (including, without limitation, reasonable attorney's fees and other dispute resolution expenses) incurred by us, due to or arising out of your Comments, your use or misuse of the Site, your violation of this TOS, or your violation of any rights of another.
Certain provisions of this TOS may be superseded by expressly designated legal notices or terms located on particular parts of the Site. We may, at any time, modify the Site, or stop (permanently or temporarily) providing the Site (or any features within the Site) to you at our sole discretion and for any reason, and without notice, without liability to you or any person, including without limitation if we believe you have breached or may breach any provision of this TOS; or if the provision of the Site to you is, in our opinion, no longer commercially viable. Upon any such termination, the provisions of this TOS shall continue in effect except you are no longer authorized to use the Site; termination shall not relieve you for liability for breach occurring prior to termination.
We may desire to make changes to this TOS from time to time to update it, for example to add references to different products and services. We may specify amended or updated terms that apply to the use of Site after the effective date of such amendment or update, and we will make a new copy of this TOS available to you and may require you to accept it as a condition to the continued provision of the Site to you. In addition, the continued use of the Site after receipt of such amended terms shall constitute your agreement to such amended terms. In addition, any modification, amendment, or waiver of any provision of this TOS shall be effective if in writing and either signed or accepted electronically by the party against whom the modification, amendment or waiver is to be asserted. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, you hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed through the Site. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.
We administer the Site from our offices in Chandler, Arizona, USA. We make no representation that the Site is appropriate or available for use outside the United States, and access to the Site from territories where its use is illegal is prohibited. You may not use or export or re-export the Site or materials found thereon or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. This TOS will be governed by and construed in accordance with Arizona law, without giving effect to any principles of conflicts of laws. You and we agree to submit to the exclusive jurisdiction of the state and federal courts located in Phoenix, Arizona, USA, to resolve any legal matter arising from this TOS. Notwithstanding this, you agree that we shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.