This website, located at www.Sckoon.com or any of our affiliated sites including mobile and/or Internet applications or "apps" (collectively, the "Site"), is provided by Sckoon Inc. (Sckoon, "we," "our," or "us") to the person accessing this Site ("you," "your").
1. You Agree to These Terms by Using This Site
2. Permitted Use of the Site; Termination
The information and materials on this Site are provided for general informational purposes. You may use this site solely for the purpose of learning about and/or purchasing Sckoon or its services and products. You may not use, reproduce, or distribute the text, graphics, downloads, tools, or any other content on this Site for any other purpose. This site is not directed at children and you may not use this site if you are under the age of thirteen.
Termination of your Sckoon membership includes (a) removal of access to all offerings and features on the Site, (b) deletion of your password and all related information, files, and content associated with or inside your membership page (or any part thereof), and (c) barring of further use of your membership. Further, you agree that all terminations for cause shall be made in Sckoon's sole discretion and that Sckoon shall not be liable to you or any third party for any termination of your membership, any associated email address, or access to your membership.
You may terminate your membership, this Agreement, and your right to use your membership at any time and for any reason or no reason, by contacting us at: service@Sckoon.com
3. User-Submitted Content
The Site may, from time to time, offer interactive features that allow users to submit content to the Site. Sckoon does not and cannot review all such content, and is not responsible for such content.
You acknowledge that by providing the ability to view and distribute user-generated content on the Site, Sckoon is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related thereto. By submitting any user-generated content, you represent and warrant that: (a) you are the sole creator and/or author of any such content including any intellectual property rights therein, or before posting, you obtained from the copyright owner the right to use and authorize Sckoon to use; (b) you hereby waive any moral rights you may have in such user-generated content; (c) and all such content is true and accurate; and (d) you are the person appearing in any photograph or content uploaded. In any event, Sckoon reserves the right to block or remove communications or materials that it determines to be unacceptable to Sckoon in its sole discretion.
By submitting any user-generated content, you hereby grant Sckoon (1) a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or sell and/or distribute such content and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you; and (2) the rights to publicity to use your name and/or likeness. If you are between the ages of 13 and 17 (i.e., not yet 18), you represent and warrant that you have your parents' permission to make such grants. All content that you submit may be used at Sckoon's sole discretion without any obligation of confidentiality.
Harassment in any manner or form on the Site, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Sckoon employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is false, misleading, inaccurate, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable in a manner in which may constitute or encourage a criminal offense, violate the rights (including intellectual property rights or rights of publicity or privacy) of any party, or which may otherwise give rise to liability or violate any law.
4. Interaction with other Users
You alone are responsible for your involvement with other users. If you have a dispute with one or more users, you irrevocably and forever release Sckoon (and Sckoon's officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS, A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
5. Notice; Electronic Communications
When you visit this Site, send emails to Sckoon, or when we post notices on our site or services or communicate with you via email, you are communicating with us electronically. This section informs you of your rights when receiving electronic communications from us. By accessing and using the Site, you consent to receive communications from us electronically. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with Sckoon.
We may also use your email address to send you other messages, such as changes to features of our service, newsletters, and additional email messages about our products, services, contests, and promotions that we feel may be of interest to you. If you no longer wish to receive these types of promotional communications from us, you may select the unsubscribe link which is present in each email. Opting out may prevent you from receiving email messages regarding special offers, improvements, or other updates.
Please keep us informed of any changes in your email address so you may continue to receive our communications without interruption.
7. Practices; Typographical Errors; Colors
You acknowledge that Sckoon may establish general practices and limits concerning use of any content, including without limitation the maximum number of days that email messages, message board postings, or other uploaded content will be retained, the maximum number of email messages that may be sent from or received by a membership account, the maximum size of any email message that may be sent from or received by a membership account, the maximum disk space that will be allotted on Sckoon's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access your membership in a given period of time. You agree that Sckoon has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted. You acknowledge that Sckoon reserves the right to log off, delete, or disable memberships that are inactive for an extended period of time. You further acknowledge that Sckoon reserves the right to modify these general practices and limits from time to time.
In the event that a product is mistakenly listed at an incorrect price or with incorrect specifications, Sckoon reserves the right to refuse or cancel any orders placed for product listed incorrectly, whether or not the order has been confirmed and your credit card charged. If your credit card has been charged for the purchase and your order is cancelled, Sckoon shall issue a credit to your credit card account in the amount of the incorrect price charged. In no event shall Sckoon be obligated to provide you the merchandise at the incorrect price.
The colors shown on the Site may be influenced by the settings of your computer or your monitor. Accordingly, Sckoon makes no guarantees that any actual colors of products or features will be true or accurate.
8. Disclaimer - Warranty
THIS SITE, ITS CONTENT, AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SCKOON HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Sckoon does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. Sckoon does not make any warranties or representations regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
10. Limitations of Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER SCKOON, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
11. Third-Party Links
In an attempt to provide increased value to our visitors, Sckoon may link to sites operated by third parties. However, even if the third party is affiliated with Sckoon, Sckoon has no control over these linked sites, all of which may have separate privacy and data collection practices, independent of Sckoon. These linked sites are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, Sckoon specifically disclaims any responsibility if such sites: infringe any third party's intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory.
Sckoon does not endorse the content, or any products or services available, on such sites. Nonetheless, Sckoon seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work). Any feedback you provide shall be non confidential and non proprietary.
12. Intellectual Property
Unless otherwise noted, the design of the Site, the Site as a whole, and materials that are part of the Site (collectively, 'Contents') are copyrights, trademarks, trade dress, or other intellectual property owned, controlled, or licensed by Sckoon or its affiliates. The Contents, including its trademarks such as Sckoon and Sckoon and design, BE AMBASSADOR, and the Sckoon Logo, may not be used by you for any commercial purpose without Sckoon’s written consent.
Copyright 2002-12, Sckoon, Inc. ALL RIGHTS RESERVED.
All software used on this Site is the property of Sckoon or its software suppliers and protected by copyright laws and may not be used for any purpose by you. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Site.
13. Copyright Complaints
If you believe that your copyright or other rights have been infringed, please provide the following information to our Designated Agent who can be reached by email at service@Sckoon.com
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest;
(ii) a description of the copyrighted work or other work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the Sckoons website;
(iv) your address, telephone number, and email address;
(v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf.
14. Export Control
Software and other materials from this Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
Sckoon does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Control Laws.
15. Law and Jurisdiction
17. Referral Program
Sckoon may offer you the opportunity to earn referral credits or other benefits by referring friends to join. Those credits and/or benefits may be awarded to the referrer for qualified referrals that result in new Sckoon members who make at least one qualified purchase. Referrals of existing Sckoon members or anyone who previously had a Sckoon account will not count towards your eligibility to earn referral credits. Members are eligible to receive referral credits for a qualified referral only if the referred customer participates using the unique referral link embedded in the referral email. Referral credits are not property, have no cash value, and can only be used in connection with making a purchase on the Site. Referral credits are not transferable, assignable, or sellable, are not gift certificates, and cannot be used to purchase gift certificates. Referral credits expire 24 months after they are granted.
Referral credits are granted at Sckoon's sole discretion. We reserve the right to amend these guidelines and the methods through which referral credits or other benefits are earned at any time without notice to you. For more information about the referral program, please review the full Terms and Conditions for the referral program at Be Ambassador
Rewards, referral credits, and other forms of virtual currency provided to you by Sckoon or its partners for use on SckoonCup.com (collectively Rewards) are not transferable and may not be combined with Rewards belonging to others. At no time may you purchase, sell, or barter any Rewards. Rewards have no cash value. They are promotional in nature and are issued without any exchange of money or value from you. As such, Rewards do not constitute property and you do not have a vested property right or interest in the Rewards. Rewards will expire 24 months after the date of issuance, unless otherwise stated by Sckoon. We reserve the right at any time in our discretion, and without prior notice, to discontinue the Rewards program or to add or change Rewards program rules, terms or conditions, including changing expiration periods or Rewards values for existing or future Rewards.
20. Questions and feedback
We welcome your questions, comments, and concerns about this Site. Please send us any and all feedback pertaining to this Site firstname.lastname@example.org.