Terms & Conditions
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Terms of Service
Welcome to the Skippers-Ink web site, which is located at Skippers-Ink.com (the “Web Site”). The following Terms of Service (“TOS”) contain the terms that govern your use of the Web Site and Skippers-Ink.com Service (as defined below). These TOS describe your rights and responsibilities and what you can expect from the Skippers-Ink Service. Use of the Skippers-Ink Web Site constitutes acceptance of these TOS. Skippers-Ink is a Trademark of Skippers-Ink/Skipper’s Jigs LLC. Skippers-Ink reserves the right to add, delete and/or modify any of the terms contained in this TOS, at any time and in its sole discretion, by posting a new agreement on the Skippers-Ink Web Site. If any modification is unacceptable to you, your only recourse is to not use the Web Site and the Skippers-Ink Service. Your continued use of the Skippers-Ink Web Site following posting of a new TOS on the Skippers-Ink Web Site will constitute binding acceptance of the changes.
1. The Skippers-Ink Services.
Skippers-Ink provides a number of Internet-based services through the Web Site (all such services, collectively, the “Skippers-Ink Service”). One such service enables users to create customized “Products”. Skippers-Ink users may create and purchase individual Products for their own use.
2. Use of the Web Site and Skippers-Ink Services.
2.1 Eligibility. Skippers-Ink will only knowingly provide the Skippers-Ink Service to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, you may use the Skippers-Ink.com Service only under the supervision of a parent or legal guardian who agrees to be bound by these TOS. Skippers-Ink.com Service is not intended for children under the age of 13.
2.2 Compliance with TOS and Applicable Law. You must comply with all of the terms and conditions of these TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the Skippers-Ink.com Service and the Web Site.
2.3 Your License to Use the Web Site and the Skippers-ink.com Service.
(a) Skippers-ink solely and exclusively owns all intellectual property and other rights, title and interest in and to the Skippers-Ink.com Service and Web Site, except as expressly provided for in these TOS. For example and without limitation, Skippers-Ink owns the Skippers-Ink.com and to the Web Site, and certain technology used in providing the Skippers-Ink.com Service. You will not acquire any right, title or interest therein under these TOS or otherwise.
(b) Skippers-Ink grants you a limited revocable license to access and use the Web Site and the Skippers-Ink.com Service for its intended purposes, subject to your compliance with these TOS. This license does not include the right to collect or use information contained on the Web Site for purposes prohibited by Skippers-Ink; to compete with Skippers-Ink; create derivative works based on the content of the Web Site; or download or copy the Web Site (other than page caching). If you use the Web Site in a manner that exceeds the scope of this license or breach this TOS, Skippers-Ink may revoke the license granted to you, AND PURSUE ANY OTHER LEGAL COURSE OF ACTION PERMITTED UNDER APPLICABLE STATE OR FEDERAL LAW.
3. General Rules.
3.1 Prohibited Use. You may only use the Skippers-Ink.com Service as expressly permitted by Skippers-Ink. You may not cause harm to the Web Site or the Skippers-Ink.com Service. Specifically, but not by way of limitation, you may not: (i) interfere with the Skippers-Ink.com Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Skippers-Ink.com Service; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Web Site, except in the operation or use of an internet “search engine”, hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the Skippers-Ink.com Service; (v) impersonate another person or entity; (vi) use any meta tags, search terms, key terms, or the like that contain Skippers-Ink’s name or trademarks; (vii) engage in any activity that interferes with another user’s ability to use or enjoy the Skippers-Ink Service; or (viii) assist or encourage any third party in engaging in any activity prohibited by these TOS.
3.2 Prohibited Use Promise. By using Skippers-Ink Web Site, you are promising that you are not using the Skippers-Ink Service or the Web Site Skippers-Ink.com for any of the Prohibited Uses.
4. Use of Your Content.
You do not lose ownership of the Content that you design on, or upload to, the Web Site. By uploading Designs to the Web Site or creating Designs with Skippers-Ink’s design tools, however, you grant the following licenses to Skippers-Ink: the nonexclusive, worldwide, transferable, sublicensable right to copy, crop, reproduce, publicly display, sell, and distribute the Design in or on Products and in advertising, marketing, samples, and promotional materials for the purpose of promoting the Web Site and Products; and the right to make modifications to your Design as Skippers-Ink, in its sole discretion, finds necessary to achieve the above listed purposes.
You may remove the Content you designed at any time, and you retain any copyright and other intellectual property rights in that Content. If you choose to remove Content that you designed or uploaded and notify Skippers-Ink of your intention to terminate the licenses described in the above paragraph, those licenses will terminate, except that Skippers-Ink may fulfill all orders that are in any way derived from that Content placed prior to notice of termination and may continue to use said Content in marketing and promotional materials.
5. Reservation of Rights.
5.1 Monitoring. Skippers-Ink reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Web Site. If Skippers-Ink determines, in its sole and absolute discretion, that you or another Skippers-Ink user have breached or will breach a term of these TOS or that such transaction or communication is inappropriate, Skippers-Ink may cancel such transaction or take any other action to restrict access to or the availability of any material that we may consider objectionable, without any liability to you or any third party.
5.2 Modification of the Skippers-Ink may modify the Skippers-Ink.com Service at any time with or without notice to you, and will incur no liability for doing so.
When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web contract us, communications or any other information (“Submissions”), you grant Skippers-Ink permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense. You agree that Skippers-Ink will have no obligation to keep any Submissions confidential. You will not bring a claim against Skippers-Ink based on “moral rights” or the likes arising from Skippers-Ink’s use of a Submission. This Section does not apply to your Content that will appear as part of your product that you use in connection with Skippers-Ink’s Service.
7. Representations and Warranties.
7.1 Mutual Representations and Warranties. You represent and warrant to Skippers-Ink, Skippers-Ink.com and Skipper’s Jigs represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under these TOS, (ii) the execution and performance of your or its obligations under these TOS do not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) these TOS are a legal, valid and binding obligation of the party entering into these TOS, enforceable in accordance with their terms and conditions.
7.2 By You. You represent and warrant to Skippers-Ink that, your use of the Skippers-Ink.com Service and any order that you place with Skippers-Ink: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or any other legal right of any third party and (ii) will comply with all applicable laws, rules, and regulations. You further represent and warrant to Skippers-Ink that: (i) there are no claims, demands or any form of litigation pending, or to the best of your knowledge, threatened with respect to any of your Content; (ii) Skippers-Ink will not be required to make any payments to any third party in connection with its use of your Content, except for the expenses that Skippers-Ink incurs in providing the Skippers-Ink.com Service; (iii) the use of any instructions, formulae, recommendations, or the like contained in your Content will not cause injury to any third party; and (iv) your Content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.
8a. Disclaimers and Exclusions.
8a.1 DISCLAIMER OF WARRANTIES. SKIPPERS-INK PROVIDES THE WEB SITE AND Skippers-Ink.com SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. SKIPPERS-INK DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE, Skippers-Ink.com SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. Skippers-Ink MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
8a.2 EXCLUSION OF DAMAGES. Skippers-Ink WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE Skippers-Ink.com SERVICE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8b. Limitation of Liability.
8b.1 LIMITATION OF LIABILITY. EXCEPT FOR A BREACH OF A PARTY’S REPRESENTATIONS AND WARRANTIES UNDER THESE TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TOS, IN NO EVENT WILL THE LIABILITY OF SKIPPERS-INK EXCEED THE VALUE OF PRODUCTS RECEIVED OR SERVICES RENDERED. THE VALUE OF PRODUCTS OR SERVICES ARE LIMITED TO THE STATED VALUE ON THE SKIPPERS-INK WEB SITE OR AS STATED BY AN AUTHORIZED SKIPPERS-INK AGENT.
You agree to indemnify and hold Skippers-Ink and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the “Parties”) harmless from any damage, loss, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Parties alleging that you have breached any of these TOS through any act or omission, including but not limited to any claim that your content infringes or violates the legal rights of any other party. If you have to indemnify Skippers-Ink, Skippers-ink.com or Skipper’s Jigs under this Section, Skippers-Ink will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Skippers-Ink’s express written permission.
10.1 Termination. Skippers-Ink may suspend or terminate your use of the Web Site or Skippers-Ink.com Service if it believes, in its sole and absolute discretion, that you have breached a term of these TOS.
10.2 Survival. Notwithstanding Section 10.1 above, these TOS will survive indefinitely unless and until Skippers-Ink chooses to terminate them
10.3 Effect of Termination. If you or Skippers-Ink terminates your use of the Web Site or the Skippers-Ink.com Services, Skippers-Ink may delete any Content or other materials relating to your use of the Skippers-Ink Services on Skippers-Ink’s servers or otherwise in its possession and Skippers-Ink will have no liability to you or any third party for doing so.
All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to Skippers-Ink, you must use the following addresses: 1940 Carrin St. Deltona, FL 32738 or INFO@skippers-ink.com. If Skippers-Ink provides notice to you, Skippers-Ink will use the contact information provided by you to Skippers-Ink.com. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated. If applicable law requires that a given communication be “in writing,” you agree that email communication will satisfy this requirement.
12. Dispute Resolution/Waiver of Jury Trial
All disputes arising out of, relating to or connected with these TOS or your use of any part of the Skippers-Ink.com Service will be exclusively resolved under confidential binding arbitration held in Volusia County, Florida before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying Florida law (without regard for conflicts of law principles). The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these TOS will be joined to an arbitration involving any other party subject to these TOS, whether through class arbitration proceedings or otherwise. Any action to enforce an arbitrator’s award will be brought exclusively in a federal or state court located in Volusia County, Florida. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and Florida State courts in Volusia County. By agreeing that arbitration is the exclusive remedy, you are waiving your right to sue Skippers-Ink/Skipper’s Jigs LLC in a court of law or have a jury resolve any dispute that arises out of, relates to or is connected with these TOS or your use of any part of the Skippers-Ink/Skipper’s Jigs LLC Service. You understand that you are waiving your right to a jury trial voluntarily and knowingly, and free from duress or coercion. By entering into these TOS, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to or connected with these TOS or your use of any part of the Skippers-Ink.com Services must be asserted individually. Notwithstanding anything to the contrary in this Section 12, either party may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.
These TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Florida without reference to conflict of law principles. These TOS will not be assignable or transferable by you without the prior written consent of Skippers-Ink. These TOS (including all of the policies and other Agreements described in this TOS, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and Skippers-Ink are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these TOS. The invalidity or unenforceability of any provision of these TOS will not affect the validity or enforceability of any other provision of these TOS, all of which will remain in full force and effect.