TERMS OF USE
10.13.2020 | sketons

This website is owned and operated by

SKETONS, LLC TERMS OF USE AND SERVICE

Welcome to the SKETONS website, www.sketons.com owned and operated by SKETONS, LLC. Except as otherwise noted herein, these terms and conditions (the “Terms”) govern your use of the SKETONS Website and SKETONS’s services, applications, content and products (collectively, the “Site”).

ACCEPTANCE OF TERMS

Please read the following terms and conditions of use, including an Arbitration Agreement, because your use of the Site constitutes your agreement to follow and be bound by these Terms.  If you do not agree to these Terms, you should not access or use the Site. SKETONS reserves the right to make changes to the Site and to these Terms from time to time. When we make changes, we will post them here. For this reason, we encourage you to review these Terms whenever you use our Site because by visiting the Site, you agree to accept any such changes. SKETONS provides you with access to and use of the Site subject to your compliance with the Terms.

SITE CONTENTS

No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Site. You also may not, without SKETONS’s written permission, “mirror” any material contained on this Site or any other server.  The Site, including all of its information and content, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, software and the HTML used to generate the pages (collectively, “Materials and Content”), is SKETONS property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided on the site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit or distribute any Materials and Content from this Site in whole or in part, for any public or commercial purpose without the specific prior written permission of SKETONS.

We grant you a personal, limited, nonexclusive, nontransferable license to access the Site and to use the information and services contained here solely for your personal, noncommercial use as described below. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.

The content on this Site does not constitute medical advice. You should consult your doctor before beginning any exercise, training or athletic program. SKETONS is not responsible for any medical or health problems that may result from your engaging in any activities described on this Site or from any information you obtain from this Site. If you ever feel discomfort or pain, you should not continue.

PROHIBITED USES

 The Site may be used only for lawful purposes and is available only for your personal, non-commercial use which shall be limited to viewing the Site, purchasing products, providing information to the Site and downloading product information for your personal review. Any permission granted herein terminates automatically without further notice if you breach any of the Terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this Site may violate domestic and/or international copyright laws, the laws of privacy and publicity, and communications regulations and statutes.

You are responsible for your own communications, including the transmission, posting and uploading of information, and are responsible for the consequences of such communications to the Site. SKETONS specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:

  • Posting any information which is incomplete, false, inaccurate or not your own
  • Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation, or that would fail to comply with accepted Internet protocol
  • Communicating, transmitting or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it
  • Communicating, transmitting or posting material that reveals trade secrets, unless you own them or have the permission of the owner
  • Communicating, transmitting or posting material that infringes on any other intellectual property, privacy or publicity right of another
  • Communicating, transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws
  • Attempting to interfere in any way with the Site’s or SKETONS’s networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system
  • Communicating, transmitting or posting material that is in violation of applicable laws or regulations
  • Using the Site to harass, disrupt, or unlawfully interfere with SKETONSbusiness interests

PRIVACY POLICY

Notwithstanding anything else to the contrary contained in these Terms of Use, SKETONS’s collection, use, disclosure and sharing of any personally identifiable information you provide via the Site shall be governed by our Privacy Policy.  For further information regarding SKETONS’s protection of your personal information, please refer to our Privacy Policy.

PRODUCT AND PRICING INFORMATION

Although SKETONS has made every effort to display our products and their colors, textures and appearance as accurately as possible, the displayed attributes of the products depend upon the device display settings of the user, and SKETONS cannot guarantee that the user’s device will accurately portray the actual attributes of the products. Products displayed may be out of stock or discontinued, and prices are subject to change. SKETONS is not responsible for typographical errors regarding price or any other matter. Likewise, SKETONS does not warrant the accuracy of customer product ratings, comments or feedback.

USER CONTENT AND MATERIAL

We do not claim ownership of user-generated content and material. Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you (i) submit or post on the Site, on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us; or (ii) have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, Tumblr and Pinterest, which are tagged with #SKETONSYOGA or any other SKETONS promoted hashtag (collectively “User Content”) shall be deemed non-confidential and non-proprietary. By submitting or posting any User Content, you grant to SKETONS and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sub-licensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name, persona and likeness included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including but not limited to in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you. Neither you, nor any other person or entity, will have the right to (i) receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms or (ii) inspect or approve the editorial copy or other material that may be used in connection with the User Content. SKETONS will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. SKETONS shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content or respond to any User Content. SKETONS retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason. Subject to the licenses granted in these Terms, you retain ownership of any copyright and other rights you may have in the User Content.

By submitting or posting User Content on the Site, on your social media accounts or through any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant that (i) you own or control any and all rights in and to the User Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) you are 18 years of age or older; and (iv) the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files. Upon request by SKETONS, you will furnish SKETONS any documentation, substantiation or releases necessary to verify your compliance with these Terms. You are solely responsible for the User Content  and you hereby agree to indemnify and hold SKETONS and its employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.

SKETONS does not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by you or anyone else. By submitting or posting the User Content you fully and unconditionally release and forever discharge SKETONS and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and one or more users or any other person or entity, or (ii) the use by SKETONS or you of the User Content, including, without limitation, any and all claims that use of the User Content pursuant to these Terms violates any of your intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity. You acknowledge and agree that SKETONS has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any User Content. SKETONS acts as a passive conduit for User Content and has no obligation to screen or monitor User Content. If SKETONS becomes aware of any User Content that allegedly may not conform to these Terms, SKETONS may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. SKETONS has no liability or responsibility to Users for performance or nonperformance of such activities.

SKETONS HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY USER CONTENT WITHIN ITS CONTROL THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST SKETONS FOR SUCH REMOVAL AND/OR DELETION. SKETONS IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THE SITE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE SITE OR ANY OTHER SITES OR PLATFORMS.

DISCLAIMERS AND LIMITATION OF LIABILITY

SKETONS publishes information on its Site as a convenience to its visitors. While SKETONS attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The SKETONS products described on the Site may not be available in your region. SKETONS does not claim that the information on the Site is appropriate to your jurisdiction or that the products described on its Site will be available for purchase in all jurisdictions. SKETONS is not responsible for any potential reactions, allergic or otherwise, that you experience when purchasing our products.  Our products comply with all required federal and local regulations as to fabric content.  If you have questions about particular fabrics and potential allergies, we suggest you consult with your physician before making a purchase via this Website.

You assume all responsibility and risk with respect to your use of the Site, which is provided “AS IS.” SKETONS DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SKETONS DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. SKETONS MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

SKETONS makes no warranties of any kind regarding any non- SKETONS sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and SKETONS makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non- SKETONS sites. SKETONS does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.

IN NO EVENT SHALL SKETONS, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF SKETONS OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

GENERAL INFORMATION

These Terms constitute the entire agreement between you and SKETONS and govern your use of the Site, and they supersede any prior agreements between you and SKETONS. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. SKETONS may terminate this Agreement and deny you access to the Site at any time, immediately and without notice, if in SKETONS‘s sole discretion you fail to comply with any provision of these Terms.

You agree that no joint venture, partnership, employment or agency relationship exists between SKETONS and you as a result of this Agreement or your use of the Site.

Any claim or cause of action you may have with respect to SKETONS or the Site must be commenced within one (1) year after the claim or cause of action arose.

The failure of SKETONS to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.

You may not assign the Terms or any of your rights or obligations under the Terms without SKETONS’s express written consent. The Terms inure to the benefit of SKETONS’s successors, assigns, affiliates and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect.

To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms to us, please refer to our “Contact Us” page of this website.