USER AGREEMENT / TERMS OF SERVICE
USER AGREEMENT / TERMS OF SERVICE
Welcome to Skreened, Ltd. ("Skreened"). Skreened provides its website and related services (collectively, the "Site") to you subject to the terms of this User Agreement and the policies found on the Site (collectively, the "User Agreement"). PLEASE READ THE USER AGREEMENT CAREFULLY BEFORE USING THE SITE AND THE SERVICES AND PRODUCTS OFFERED BY SKREENED. The User Agreement, as may be amended or restated from time to time, sets for the legally binding terms and conditions for your use of the Site and all services and products offered by Skreened. If you do not agree with any of the terms of the User Agreement, do not access or otherwise use the Site or any information contained on the Site. Your use of the Site shall be deemed to be your agreement to abide by each of the terms and conditions set forth in the User Agreement, as may be modified by Skreened from time-to-time in its sole discretion.
Skreened may change the terms of the User Agreement at any time by posting an updated version of the User Agreement on the Site. Please be aware that Skreened may make such modifications with or without notification to its users. Your continued use of the Site or Skreened’s services shall constitute your consent to any changes made to the User Agreement. If you have any questions about the User Agreement you may contact us at firstname.lastname@example.org.
Skreened is a venue for artists, designers and anyone else interested in having their designs or other Content (collectively, "Designs") printed on t-shirts, totes and other products available through Skreened (collectively, "Products") and those interested in purchasing Skreened's Products printed with Designs from the purchaser or from other Users of Skreened's Site. Whether you're a buyer, seller or both, you are considered a "User" under this User Agreement. Users may include those individuals or entities who desire to have their own Designs printed on Skreened Products for their own use as well as those individuals or entities who desire to offer their Designs printed on Skreened's Products for sale through the Site ("Shopkeepers"). In either case, Skreened is only selling the underlying blank product and fulfilling the sale and shipment of that Product bearing the ordered Design to the ultimate purchaser.
If you become a Shopkeeper by choosing to sell any Designs through our Site, then the terms of the Shopkeeper's License Agreement (the "Shopkeeper Agreement") are incorporated into this User Agreement. As a Shopkeeper, you are responsible for setting the amount of commission you receive on the sale of a Product bearing your Design, subject to the terms and conditions of this User Agreement including the Shopkeeper Agreement.
You acknowledge and agree that Skreened is a seller of Products but not a seller of any Design printed on such Products. Skreened is also a venue for artists, designers and others to offer for sale their own Content (or Content which they are permitted to sell) printed on Skreened's Products. For purposes of this User Agreement, "Content" includes, but is not limited to, any media, materials, designs, text, data, photos, graphics, images, stitch files, or any of these elements in combination. Content includes Designs.
Skreened does not claim ownership to any Content submitted by a User. If you upload, download, post, email or otherwise transmit any Content to Skreened as a Design for Products available on this Site or otherwise, you grant Skreened sufficient rights to use any such Content so that Skreened is not violating any rights you may have in such Content. You grant to Skreened a worldwide, perpetual, irrevocable, royalty-free, non-exclusive license to Skreened for use of the Content, subject to your right to receive commissions as described in the Shopkeeper Agreement. You agree that Skreened may translate, store, format or otherwise manipulate or display your Content on the Site in any manner whatsoever. You acknowledge that by posting Content to the Site it may be possible for another website or other third-party to re-post or otherwise access such Content. You agree to hold Skreened harmless for any liability that may arise from such occurrence.
USER ACCOUNT, PASSWORD, AND SECURITY
You will create a password and user account in connection with the registration process. You represent and warrant that the information you provide in registering as a User on the Site is true, accurate and complete. You agree to update your account information promptly. If you are entitled to be paid any amount under a Shopkeeper Agreement, such payments will be paid in accordance with your then-current account settings. You are responsible for maintaining the confidentiality of your password and account, and are responsible for all activities that occur under your password or account. You are fully responsible for all activity, liability and damage resulting from your failure to maintain the confidentiality of your password and for use of your account. You agree to immediately notify Skreened of any unauthorized use of your password or account or any other breach of security. As a precaution, Skreened suggests that you log out from your account at the end of each session. You agree that Skreened shall not be held liable for any loss or damage arising from your failure to comply with the terms of this Section or this User Agreement.
As a guideline, you may contribute only original Designs and other Content that you have created yourself from original elements or that you otherwise have permission to use in the manner you use such Content in connection with the Site. This means you should not use images of celebrities or corporate products, nor images, text, or designs that you've copied from a website without written permission from the owner. You should not create a "new" image using elements from images other people have created. And you should not contribute a quote or a slogan that is substantially the same as something already written by someone else. By uploading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances. In using this Site, you agree to not:
Upload, download, post, email or otherwise transmit any of the following:
- Content that is or may be unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, or racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another's rights including, but not limited to, rights of celebrity, privacy and intellectual property;
- Content that may infringe any patent, trademark, trade secret, copyright, trade dress or other intellectual or proprietary right of any third party;
- Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any applicable international, federal, state and local laws, statutes, ordinances and regulations (collectively, "Laws");
- any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
- any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- any false or misleading information.
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Disrupt or interfere with (a) the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites, or (b) any other User's enjoyment of the Site or affiliated or linked websites;
- Access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
- Frame in a web page, the Site except as permitted in writing by Skreened;
- Incorporate images or names that would violate a person's right of privacy or publicity; or
- Automate any process on the Site including, but not limited to (Design creation or duplication, Shop creation, account creation or messaging) without written authorization from Skreened.
You acknowledge that Skreened does not pre-screen submitted Content. You acknowledge that Skreened and its designees shall have sole discretion relative to the rejection or removal of any Content placed on the Site. Upon placing an order, you acknowledge that Skreened may (but is not required to) review your order, and the Content it contains, for adherence to our guidelines and compliance with the terms and conditions set forth in this User Agreement. Without limiting the foregoing, Skreened and its designees shall have the right to remove any Content that violates the User Agreement or is otherwise objectionable to Skreened. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any Content created by or submitted to Skreened. You acknowledge and agree that you are responsible for the creation and compilation of your Content, and that neither Skreened nor any other party involved with the production of any Product incorporating such Content assumes that responsibility. Skreened's production of any Product depicting your Content does not indicate that Skreened approves of the Content, that the Content obeys all applicable laws, or that you are absolved of any liability or harm arising from the use of the Content.
You acknowledge and agree that Skreened may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with any legal process; (ii) enforce this User Agreement; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Skreened, its Users or the public.
You understand and agree that the technical processing and operation of the Site, including your Content, may involve transmissions over various networks; and changes to conform and adapt to technical requirements of connection networks or devices.
You understand that the technical processing and operation of the Site, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.
You agree that you are responsible for actions and communications undertaken under your account. Skreened takes no responsibility and assumes no liability for any Content uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography or profanity you or a third-party may encounter. You agree to waive any claims against Skreened and its members, managers, officers, parent, subsidiaries, affiliates, contractors, agents, employees and representatives (collectively, “Representatives”) for losses, damages and injuries which are based on or relate to communications, Content or materials on the Site. You agree to indemnify Skreened and its Representatives from all claims and expenses, including reasonable attorney's fees, which claims are based on or arise from your violation of any of the provisions of this User Agreement.
You agree that you will use this Site and any Products, ordered on this Site in accordance with all applicable Laws and will not take any action that harms or violates the rights of any person or entity.
You acknowledge and agree that any Content or other material contained or distributed on or through the Site by Skreened, its advertisers or other third-parties may be protected by trademarks, service marks, patents, copyrights, or other proprietary rights and Laws. You may not use or distribute any Content received through the Site without the authorization of the Content owner. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute Content available through the Site, in violation of applicable copyright and other intellectual property laws.
You retain all ownership rights to your Content submitted to the Site. By submitting Content to Skreened, you grant Skreened a nonexclusive, worldwide, transferable license to use, copy, reproduce, modify, publicly display, and distribute your Content.
You acknowledge and agree that the Site and any software provided to you or used in connection with the Site, including, for example and without limitation, any APIs or other scripts (collectively, "Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except to the extent that a separate click-on agreement applies to a particular piece of Software and subject to your ongoing compliance with the terms and conditions of this User Agreement, Skreened grants you a non-exclusive, non-transferable, non-sublicenseable license to use the Software solely as necessary to use this Site and provided that you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.
The intellectual property rights in or relating to the content of any notes, messages, e-mails, postings, letters, ideas, suggestions, concepts or other written materials which you submit or communicate to Skreened (excluding the Content you submit) will automatically be deemed to be assigned, granted and transferred by you to Skreened upon its submission or communication to Skreened, and you assign all rights therein to Skreened and agree that the same will automatically become the property of Skreened and that Skreened may use, exploit, copy, publish, implement, transfer and in all other ways deal with such information and all of the intellectual property rights therein in any way and for any purpose Skreened may elect, in perpetuity.
Skreened reserves the right to donate, resell or otherwise distribute misprinted, returned, defective, complete or incomplete items with or without notification of sale and/or accounting and payment of any applicable commission on such items. Wholesale orders placed through Skreened which utilize published designs are subject to discounts of both the product price as well as the commission. You agree to allow Skreened to negotiate commissions on your behalf for bulk purchases regardless of the commission set on the Design incorporated in the relevant Product.
COPYRIGHT AND INTELLECTUAL PROPERTY POLICY
Skreened provides an automatic, web-based service to Users, with which they order Products bearing their Designs or Designs of Shopkeepers. Although Skreened is not responsible for the Content of its Shopkeepers, we expect that they and other Users will not use the Site to sell Designs that infringe third-party intellectual property rights (this includes copyright, trademark, trade dress and right of publicity). Skreened respects the copyright and other intellectual property rights of others consistent with U.S. intellectual property laws and the Digital Millennium Copyright Act ("DMCA"). We ask our users to do the same.
Procedure for Reporting Infringement
If you have a good faith belief that material available on the Site infringes a copyright or other intellectual property right held by you, in order to effectively notify Skreened of such infringement you must send a written notice of the alleged infringement to the Designated Agent listed below that is in compliance with the terms set forth below (an "Infringement Notice"). In addition to the type of infringement you believe has occurred, the Notice must provide the following information in order to be valid under the DMCA:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the protected work that you claim is being infringed;
- A description of where the claimed infringind contect is located on our site;
- Identification of the material that is claimed to be infringing and where it is located on the Site such as the URL or product number(s) used in connection with the allegedly infringing product (Note: a store URL is www.skreened.com/shopname. Simply identifying www.skreened.com is insufficient);
- Information reasonably sufficient to permit Skreened to contact you, such as your address, telephone number and e-mail address
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other intellectual property owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the owner.
If you materially misrepresent that Content is infringing your intellectual property, you may be liable for damages (including costs and attorneys' fees). Therefore, if you are not sure whether the Content infringes upon your intellectual property, please contact an attorney before contacting Skreened's DMCA Agent.
If a valid Infringement Notice is received by the Designated Agent, Skreened may remove or disable access to the infringing Content, in which case Skreened will make reasonable attempts to notify the relevant User that such Content has been removed or that access has been disabled. Skreened may terminate the accounts of Users who appear to infringe upon the copyright or other intellectual property rights of others without notice. Skreened reserves the right to cancel any pending payments and to withhold (in whole or in part) any ledger balance of a Shopkeeper or other User who has violated the intellectual property rights of another party regardless of the Content sold.
Procedure for Supplying a Counter-Notice to the Designated Agent
If a Shopkeeper or other User believes that the Content that was removed or to which access was disabled is not infringing upon a copyright or other intellectual property right, then such Shopkeeper or other User must send a counter-notice, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. Do not re-upload or otherwise reactivate the Content yourself. The counter-notice must be sent to the Designated Agent listed below and contain the following information:
- Your physical or electronic signature (by fax or regular mail – not by email, except by prior agreement);
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement, under penalty of perjury, that the you have a good faith belief that the Content was removed or disabled as a result of mistake or misidentification of the material;
- Your name, address, telephone number, and, if available, e-mail address and a statement that you consent to the jurisdiction of the Federal Court for the judicial district in which the User's address is located, or if your address is located outside the United States, for any judicial district in which Skreened is located, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) of the DMCA or an agent of such person.
If a counter-notice is received by the Designated Agent, Skreened may send a copy of the counter-notice to the original complaining party informing them that Skreened may replace the removed material or cease disabling it in 10 business days. Unless the copyright or intellectual property owner files an action seeking a court order against the User, the removed material may be replaced or access to it restored in 10 to 14 business days after receipt of the counter-notice, at Skreened’s discretion.
Please contact Skreened’s Designated Agent to submit Infringement Notices and Counter-Notices at the following address:
2887 Silver Drive
Columbus, Ohio 43211
Trademark Keyword Registration
Anyone interested in recording federally registered trademarks on our keyword filter may do so by sending the U.S. Trademark serial or registration number associated with the trademark to email@example.com. This enables Skreened to proactively protect registered marks and increase our ability to protect IP holders against potentially infringing designs by users.
YOU REPRESENT AND WARRANT THAT YOU ARE THE OWNER OF THE CONTENT WHICH YOU SUBMIT AND THAT THE CONTENT DOES NOT INFRINGE UPON THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS (INCLUDING, BUT NOT LIMITED TO, COPYRIGHTS AND TRADEMARKS) OR OTHER RIGHTS OF OTHERS. YOU ALSO REPRESENT THAT THERE ARE NO OUTSTANDING DISPUTES IN CONNECTION WITH THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN THE CONTENT OR ANY PARTS OF THE CONTENT.
YOU HEREBY REPRESENT AND WARRANT TO US THAT THIS USER AGREEMENT HAS BEEN DULY AND VALIDLY AGREED TO AND DELIVERED BY YOU AND CONSTITUTES YOUR LEGAL, VALID AND BINDING OBLIGATION, ENFORCEABLE AGAINST YOU IN ACCORDANCE WITH ITS TERMS; AND THAT SUCH ACTIONS ARE WITHIN YOUR LEGAL CAPACITY AND POWER; HAVE BEEN DULY AUTHORIZED BY ALL REQUISITE ACTION ON YOUR PART; REQUIRE THE APPROVAL OR CONSENT OF NO OTHER PERSONS; AND NEITHER VIOLATE NOR CONSTITUTE A DEFAULT UNDER THE (A) PROVISION OF ANY LAW, RULE, REGULATION, ORDER, JUDGMENT OR DECREE TO WHICH YOU ARE SUBJECT OR WHICH IS BINDING UPON YOU, OR (B) THE TERMS OF ANY OTHER AGREEMENT, DOCUMENT OR INSTRUMENT APPLICABLE TO YOU OR BINDING UPON YOU.
You agree to defend, indemnify and hold Skreened and Skreened's officers, members, managers, employees, agents, representatives and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney's fees, expert witness fees, and costs of litigation arising out of or based on (a) Content you submit, post to or transmit through the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of the User Agreement, or (e) your violation of any rights of a third party or any applicable laws.
NO UNAUTHORIZED EXPLOITATION
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site or access to the Site without Skreened 's express written consent.
You agree that Skreened may terminate your password, account, and account balance, in whole or in part at any time without notice. You agree that Skreened may remove and discard any Content you have contributed to the Site at any time, for any reason or no reason. You agree that Skreened may discontinue services, in whole or in part, at any time. You agree that termination of your access to the Site under any provision of this User Agreement may be effected without prior notice, and that Skreened may deactivate or delete your account (including all related Content, information and files). You agree that Skreened may bar your usage of the Site on a permanent or temporary basis. Further, you agree that Skreened shall not be liable to you or any third-party for any termination of your access to the Site or your account.
The Site may provide, or third parties may provide, links to other websites or resources. Because Skreened has no control of such sites and resources, you acknowledge and agree that Skreened is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources or the policies or such sites and resources. You agree that Skreened is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
You acknowledge and agree that you will not use any Product ordered from the Site in a way that would be damaging to Skreened's public reputation or that of its Representatives. Additionally, you acknowledge that if you choose to display any Product ordered from Skreened in a public setting, including on the Internet, in a way which disparages Skreened or Skreened's Representatives, you shall immediately return such Product and remove any such display upon request from Skreened. Skreened reserves the right to pursue all recourses and remedies available under the law for your actions.
PRICING, SHIPPING, AND TERMS OF SALE
Prices for Products are described on the Site and are incorporated into this User Agreement by reference. All prices are in US dollars. Prices and Products may change at Skreened's discretion. Title and risk of loss for all Products ordered by you shall pass to you on Skreened's delivery to the shipping carrier. Purchases are subject to Skreened's Returns and Exchanges Policy. Skreened reserves the right to cancel any order for any Product bearing a Design that may violate the intellectual property rights of a third party or for any other reason and may notify the purchaser that the order has been canceled.
Subject to the terms of this Section, Skreened's services and this Site are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 may use the Site and Skreened's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this and all cases, the adult is the user and is responsible for any and all activities on or in conjunction with the Site. You represent and warrant that you are at least 18 years old and that all registration information you submit is true, complete and accurate. Skreened may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. If the restrictions contained in this Section are void where prohibited by law, then the right to access the Site is revoked in such jurisdictions. Please contact us if you have any concerns or questions about these restrictions.
CORRECTION OF ERRORS AND INACCURACIES
The information and Product listings on this Site may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit or restrict quantities of products (including after you have submitted your order) for any reason, including, without limitation, if the product violates any terms of this User Agreement.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, PROGRAMS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SKREENED AND ITS REPRESENTATIVES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SKREENED DOES NOT MAKE ANY WARRANTY THAT (A) THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS; (B) THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU AGREE THAT SKREENED SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH THE SITE OR ANY CONTENT CONTAINED THEREIN.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.
YOU ACKNOWLEDGE THAT SKREENED DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE, EXCEPT AS OTHERWISE AGREED IN WRITING. SKREENED AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE.
YOU ACKNOWLEDGE THAT SKREENED MAKES NO WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SKREENED OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE USER AGREEMENT.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL SKREENED OR REPRESENTATIVES, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING SKREENED PRODUCTS OR RELATED SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SKREENED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (E) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
If any provision of this User Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this User Agreement shall in no way be affected or impaired.
APPLICABLE LAW, ARBITRATION
These terms and conditions and your relationship with Skreened shall be governed by and construed in accordance with the laws of the state of Ohio, without resort to its conflict of law provisions. You and Skreened agree to submit to the personal and exclusive jurisdiction of the Federal and State courts located within the county of Franklin, Ohio; provided, however, Any disputes or claims under this User Agreement (including the Shopkeeper Agreement) or its breach shall be submitted to and resolved exclusively by arbitration conducted in accordance with American Arbitration Association rules. One arbitrator appointed under such rules shall conduct such arbitration. Arbitration shall be in Columbus, Ohio, and the laws of Ohio shall be applied, exclusive of its conflict of law provisions. Any decision in arbitration shall be final and binding upon the parties. Judgment may be entered thereon in any court of competent jurisdiction. Notwithstanding the above, Skreened may sue in any court of competent jurisdiction for infringement of its proprietary or intellectual property rights or any claims relating to your indemnification obligations under this User Agreement (including the Shopkeeper Agreement).
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement. Skreened may assign its rights and responsibilities hereunder without notice to you, but you may not assign your rights or responsibilities without the express written consent of Skreened. The failure of a party to exercise or enforce any right or provision of this User Agreement will not constitute a waiver of the right or provision. Skreened's failure to act with respect to a breach by you or others does not waive Skreened's right to act with respect to subsequent or similar breaches. This User Agreement, together with the Shopkeeper Agreement constitutes the entire agreement between you and Skreened, and supersedes all other communications, written or oral, with regard to the Site and Products and services provided by Skreened.
BUT FIRST, A NOTE ABOUT UPLOADING AND POSTING INFORMATION ON THE SKREENED SITE:
When you first open an account on Skreened, you will choose a username and password. When you create a shop or gallery, comment on a design, or send a message on Skreened, your username is visible to other users.
You may provide us with certain personally identifiable information when you:
- register for a Skreened account;
- order products;
- request customer support or send us any other communication;
- sign up for newsletters, email alerts, and special offers;
- enter contests;
- sign up for, or redeem, gift cards, codes, and special offers; or
- provide us information to pay to you commissions.
Such information may include your name, email address, billing address, shipping address, and credit card number, as well as other information. You may also provide us with information about other people, such as their email addresses, if you email a product to a friend or refer a friend to the Skreened Site or our promotions.
INFORMATION COLLECTED BY COOKIES:
When you place orders or access your account information, we use commercially reasonable and generally-accepted technological safeguards to secure any information we collect about you. The secure server software (SSL) we use encrypts all information you input before it is sent to us. In addition, your account information is password-protected for your privacy and security. You should always take steps to protect the confidentiality of the password you select.
We use the personally identifiable information you provide to:
- provide the features and functionality of the Skreened Site;
- fulfill your requests for our products and services;
- pay commissions;
- communicate with you about the status of your orders and other inquiries about our products and services;
- send you information about our products and services; and
- provide notices about the results of contests, and other promotions.
We use your email address to communicate with you about your account and to send you certain notification emails. You can change the frequency of those emails in your Skreened account settings.
We do not use your email address or other personally identifiable information to send marketing messages without your consent. Similarly, if you email a product to a friend or refer a friend to the Skreened Site or our promotions, we will use your friend's email to send them the e-mail you requested. You and your friend's e-mail addresses will only be used for this purpose unless permission is otherwise granted.
We may use non-personally identifiable information to monitor the use and performance of the Skreened Site so that we can learn more about how people use the Skreened Site and improve our products and services.
Skreened does not share personal information about you with other people or unaffiliated companies without your consent except:
Skreened may also release information (including your name, addresses, telephone number, and account activity) when we, in our sole discretion believe that such release is necessary or appropriate to:
- comply with law;
- comply with subpoenas, warrants, court orders, government investigations, or other legal process;
- enforce or apply the terms of the User Agreement;
- investigate or respond to allegations of fraud, intellectual property infringement, or other unlawful activity;
- investigate fraud or similar claims; or
- protect the rights, property or safety of Skreened, our users, or others.
In the event that Skreened is acquired by, or merged with, another company, Skreened reserves the right to transfer all information we have collected from our users in connection with such acquisition or merger.
Skreened may disclose non-personally-identifiable information to third parties in aggregate form to potential business partners and investors.
WHAT ABOUT CHILDREN'S PRIVACY?
Children under the age of 18 are allowed to upload graphics and images and to order products only with the consent of their parent or legal guardian. To order products, the child must indicate his or her age, submit his or her name and his or her mailing address and shipping address if different from the mailing address together with a valid credit card number. This is the only information collected from a child under the age of 18.
This information is used to fulfill requested orders; confirm shipments; complete record keeping including commission entitlements and to advise the child concerning new Skreened products, services or policies.
Parents or legal guardians of children under the age of 18 have the option to consent to the collection of this information from their children or not. Such consent will not be used as consent for the dissemination of any of this information and the information will not be released by Skreened to third parties without the parents' consent except as may be required by law or upon court order.
Parents can review any information Skreened has received from a child and the parent can have that information deleted and the parent can forbid the collection of additional information from their child. If you want to review any information obtained from your child or if you want to have any information obtained from your child deleted from the Skreened records or to forbid any use of such information, simply contact us.
HOW CAN I CHANGE, DELETE, OR UPDATE MY INFORMATION?
Most of your account information can be changed in the account section of the Skreened Site. If you have any questions about what information is stored, please contact us at firstname.lastname@example.org.
Skreened.com is an automatic, web-based service with which our users market merchandise. We explicitly and contractually prohibit our users from using the Skreened Site to sell merchandise that infringes third party intellectual property rights (this includes copyright, trademark, trade dress and right of publicity). All content is created by users of the Skreened service and does not necessarily reflect the opinions and views of Skreened.