Terms of service
Terms of Service
This website (“Website”) is operated by SKAURA, a Florida Limited Liability Corporation. Throughout the site, the terms “we”, “us” and “our” refer to SKAURA. SKAURA offers this website, including all information, tools and Services available from this Website to you (“User”) conditioned upon User acceptance of all terms, conditions, policies and notices stated here. By visiting our Website, and/ or purchasing something from us, User engages in our Service and agrees to be bound by the following terms and conditions (“Terms of Service”, referred to as “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all Users of the site, including without limitation Users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms carefully before accessing or using our Website.
These Terms are a legally binding agreement between User and SKAURA for the use of this Website, including the purchase of products and services advertised on this Website. Access to and use of this Website by any User is subject to these Terms, including any modifications or additions to these Terms from time to time issued by SKAURA, and all applicable laws and regulations. BY ACCESSING OR USING THIS WEBSITE OR PLACING AN ORDER, USER AGREES TO BE BOUND BY THESE TERMS, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW, AND THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR AVAILABLE BY HYPERLINK.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE.
SECTION 1. ONLINE STORE TERMS OF USAGE.
USER REPRESENTS AND WARRANTS TO SKAURA THAT USER IS AUTHORIZED TO ENTER INTO AND BE BOUND BY THESE TERMS. By agreeing to these Terms, User represents a) that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given SKAURA your consent to allow any of your minor dependents to use this site, and b) to purchase any products and/or services on this Website, User is legally permitted to enter into a legally binding contract. User may not use SKAURA’s products for any illegal or unauthorized purpose nor may User in the use of the Service or Website, violate any laws in your jurisdiction (including but not limited to copyright laws). User must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of User’s Services.
SECTION 2. GENERAL CONDITIONS
This Website provides information about SKAURA and its products and services and facilitates the purchase of such products and services. Use of this Website is limited to legitimate purposes. SKAURA reserves the right to refuse Service to anyone for any reason at any time.
The Website is operated by a U.S. entity and is governed by the state and federal laws of the United States. The laws of your jurisdiction may be more or less strict than the laws that apply to the Website. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Our store is hosted on Shopify Inc, which provides the online e-commerce platform that allows us to sell our products and services to you, the User.
SKAURA may, from time to time, introduce new features to its Services or Website, or modify or delete existing features, in its sole discretion. SKAURA shall notify User of any of these changes to features to the extent SKAURA is required by law to do so. By using any new or modified features when they become available, User agrees to be bound by these Terms concerning such features.
Any access or attempted access to other areas of SKAURA’s, or our host, Shopify Inc, computer systems or other information contained therein for any purpose is strictly prohibited. User agrees not to interfere in any way with others’ use of or access to this Website or to take any action that imposes an unreasonable or unusually large load on this Website. SKAURA reserves the right to report any activity that it reasonably suspects violates any law or regulation and to disclose any information to law enforcement officials, regulators, or other appropriate third parties.
SKAURA has the right in its sole discretion, and without prior notice and from time to time, to modify these Terms with respect to User’s access to or use of this Website. Such modifications and additions shall be effective immediately upon posting the modified Terms to this Website, which posting shall be deemed notice to User. If User disagrees with the changes to these Terms, User should discontinue User’s use of this Website. Any access to or use of this Website after posting modifications or additions to these Terms shall constitute and be deemed to be such User’s agreement to such modified Terms.
SKAURA has the right in its sole discretion, to modify, suspend or discontinue, temporarily or permanently, this Website, any products or services advertised by SKAURA through this Website, or any User’s right to access or use any portion of this Website, in SKAURA’s sole discretion, SKAURA at any time and without prior notice, for any reason, including without limitation: (1) attempts by User (or other party) to gain unauthorized access to this Website or assist others in attempting to do so, (2) User (or other party) disabling any security features on this Website, (3) User’s violation of these Terms, (4) failure of User to pay for products or services ordered hereunder or any related charges, (5) suspected or actual infringement of a third party’s intellectual property rights, or (6) pursuant to requests by law enforcement or other government agencies. The obligations and liabilities of User incurred prior to the termination date shall survive the termination of these Terms for all purposes.
SECTION 3. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
SKAURA is not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at User’s own risk. This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. SKAURA reserves the right to modify the contents of this site at any time, but, unless otherwise required by law, has no obligation to update any information on our site. User agrees that it is their responsibility to monitor changes to our site.
SECTION 4. MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. SKAURA reserves the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. SKAURA shall not be liable to User or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Product availability is subject to change at any time. SKAURA makes no representations or warranties regarding the availability of products in all areas. SKAURA shall have the right to refuse or cancel any orders for products and/or services listed at an incorrect price or rebate amount or containing any other incorrect information or typographical errors. SKAURA shall have the right to refuse or cancel any such orders whether or not the order has been accepted by SKAURA and/or User’s credit card has been debited. If User’s credit card has already been charged for the order and User’s order is refused or canceled, SKAURA shall promptly issue a credit to User’s credit card account in the amount of the charge.
SECTION 5. PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the Website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: [LINK TO REFUND POLICY].
SKAURA has made every effort to display as accurately as possible the colors and images of our products that appear on the Website. SKAURA does not guarantee that your computer monitor's display of any color will be accurate.
SKAURA reserves the right, but is not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
SKAURA reserves the right to limit the quantities of any products or Services that we offer.
All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of SKAURA.
We reserve the right to discontinue any product at any time.
Any offer for any product or Service made on this site is void where prohibited.
SKAURA does not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6. ACCURACY OF BILLING AND ACCOUNT INFORMATION
SKAURA reserves the right to refuse any order you place with us.
SKAURA may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that SKAURA makes a change to or cancel an order, SKAURA may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. SKAURA reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
User agrees to provide current, complete and accurate purchase and account information for all purchases made. User agrees to promptly update their account and other information, including their email address and credit card numbers and expiration dates, so that SKAURA can complete your transactions and contact you as needed. For more details, please review our Refund Policy: [LINK TO REFUNDPOLICY]. SKAURA shall not be liable for shipping products to the wrong user provided address or not updated address. Any additional shipping costs as a result of the wrong shipping address would then shift the liability to the user.
Users who wish to order certain products or Services using this Website may be required to register on this Website. User represents and warrants that the information provided when registering is accurate, complete and current as of the date submitted and that User will update such information from time to time as necessary. As part of the registration process, User may be required to select a user name (“UserName”) and a password (“Password”) to access the UserName. User’s UserName and Password are User’s credentials to access this Website. User may not have a UserName that is vulgar, attempts to impersonate another person or violates the rights of others. SKAURA may also reject any UserName that SKAURA determines in its discretion is unacceptable for use on this Website. User is solely responsible for all use of this Website under its UserName and Password and for maintaining the confidentiality of its UserName and Password and will (i) promptly notify SKAURA of any actual or suspected unauthorized use of this Website and (ii) ensure that User exits from User’s account at the end of each session. Although Users may not be required to register, if User does not register, User will be required to accept these Terms each time User wishes to access this Website or place an Order.
User is solely responsible for maintaining the security of its UserName and Password. User may not disclose its UserName or Password to any third party (other than third parties authorized by User to use User’s account) and is solely responsible for any use of or action taken under its UserName and Password on this Website. User is responsible for changing its UserName and Password if either is compromised. User agrees that SKAURA in its sole discretion, may terminate User’s Password or UserName or use of this Website for any reason, including, without limitation, for lack of use, or if SKAURA believes that User has violated or acted inconsistently with the letter or spirit of these Terms. User agrees that any termination of User’s Password or UserName or use of this Website may be effected without prior notice and acknowledges and agrees that SKAURA may immediately deactivate or delete User’s account and all related information and files and/or bar any further access to such information and files. User agrees that SKAURA shall not be liable to User or any third party for any termination of User’s access, as provided herein.
SKAURA may, at its option, change the parameters for passwords used to access this Website without prior notice to User. If SKAURA does so, User will be prompted, and will be required, to change its Password the next time User accesses this Website under the UserName. To prevent unauthorized access to User accounts and to prevent unauthorized use of this Website, User agrees to protect and keep confidential its UserName, Password or other means of accessing User accounts on this Website. If User discloses User’s UserName and/or Password to any person(s) or entity, User assumes all risks and losses associated with such disclosure. If User permits any other person(s) or entity to use this Website with User’s UserName, Password, or other means of accessing User accounts, User is responsible for any transactions and activities performed from User accounts and for any use of User personal and account information by such person(s) or entity.
SKAURA cannot and will not be liable for any loss or damage arising from User’s failure to comply with User’s obligations hereunder. SKAURA reserves the right to suspend or terminate any User Name or Password upon notice to User that it reasonably determines may have been used for an unauthorized purpose. SKAURA will not be liable for any damage, injury or other such loss that User incurs by failing to maintain the confidentiality of the password or by otherwise failing to comply with these Terms.
SECTION 7. OPTIONAL TOOLS
SKAURA may provide User with access to third-party tools over which SKAURA neither monitors nor has any control nor input. User acknowledges and agrees that SKAURA provides access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.
SKAURA does not operate, control, endorse, guaranty, represent or warrant in any way any tools or information offered or provided by such third parties on or accessed through this Website. SKAURA shall have no liability whatsoever arising from or relating to User’s use of optional third-party tools. Any use by User of the optional tools offered through the Website is entirely at User’s own risk and discretion and User should ensure that they are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
SKAURA may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms.
SECTION 8. THIRD-PARTY LINKS
Certain content, products and services available via our Website may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with SKAURA. SKAURA shall not be responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
SKAURA shall not be liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at SKAURA’s request, client sends certain specific submissions (for example contest entries) or without a request from SKAURA, User sends creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “User-Generated Content”), User agrees that SKAURA may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any User-Generated Content forwarded by User to SKAURA. SKAURA is and shall be under no obligation (1) to maintain any User-Generated Content in confidence; (2) to pay compensation for any User-Generated Content; or (3) to respond to any User-Generated Content. SKAURA, may, but has no obligation to monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. Client agrees that their User-Generated Content will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.
Client further agrees that their User-Generated Content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or Website. User may not use a false email address, pretend to be someone other than themselves, or otherwise mislead SKAURA or third-parties as to the origin of any User-Generated Content. Client is solely responsible for any User-Generated Content they make and their accuracy. SKAURA takes no responsibility and assumes no liability for any User-Generated Content posted by you or any third-party.
SKAURA reserves the right to prescreen, monitor, or remove User-Generated Content. Enforcement of this Section is solely at our discretion, and failure to enforce this Section in some instances does not constitute a waiver of our right to enforce it in other instances.”
SECTION 10. PERSONAL INFORMATION
User submission of personal information through the Website is governed by SKAURA’s Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY]
SECTION 11. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges ,transit times and availability. SKAURA reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on the Website is inaccurate at any time without prior notice (including after a User submitted their order).
SKAURA is under no obligation to update, amend or clarify information in the Service or on the Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on the Website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms, User is prohibited from using the Servies or Website, or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;(f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or Website, other websites, or the Internet.
User is prohibited from reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for our Service or Website or any related technologies that are not open source, developing or using any application or automated technology, other than as approved by us to interact with the Service or Website.
User is prohibited from using any content, data, or information from the Service/Website or derived from the Services to develop, create, train, test, fine-tune, prompt, benchmark, or otherwise improve or validate (i) any machine learning or artificial intelligence tools, models, systems, algorithms, or products, or (ii) any other technologies.
User is prohibited from using or attempting to use another’s account or collecting or soliciting personal information from another user.
User is prohibited from posting any advertisements, solicitations, or other commercial content.
User may use the records, documents and information obtained through this Website only as necessary to use this Website’s services or to place an order with SKAURA. Without limiting the foregoing or expanding any User rights hereunder, User agrees that it will not (A) republish, reproduce, sell, resell, distribute (through linking or framing or otherwise) or make any commercial use of this Website (other than the ordering of products in accordance with these Terms and the Registration Agreement) or any of the information available through this Website; (B) make any use of any such information that would allow an unauthorized third party to have access to or the benefits of this Website; (C) collect or use other users’ e-mail addresses or other users’ information, ratings or listings, or otherwise conduct any data extraction or data mining whatsoever.
SKAURA reserves the right to terminate User’s use of the Service and/or the Website for violating any of the prohibited uses. SKAURA may report fraudulent conduct to law enforcement authorities, and will cooperate with such authorities. SKAURA reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement or regulatory officials. In order to cooperate with governmental requests, to protect SKAURA’s systems and customers, or to ensure the integrity and operation of SKAURA’s business and systems, SKAURA may access and disclose any information it considers necessary or appropriate, including, without limitation, User contact details, IP addressing and traffic information, usage history and posted content. User agrees to comply with all local rules regarding online conduct and acceptable content. User agrees to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which User resides.
SECTION 13. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
A. DISCLAIMER OF WARRANTIES
USE OF SERVICE IS AT YOUR SOLE RISK. ANY CONTENT OR MATERIALS PROVIDED THEREIN OR THEREWITH ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. SKAURA MAKES NO PROMISES OF ANY KIND, AND DISCLAIM ALL WARRANTIES WITH RESPECT TO THE FOREGOING, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SKAURA DOES NOT REPRESENT OR WARRANT THAT OUR PRODUCTS OR SERVICE, OR ANY CONTENT PROVIDED THEREIN OR THEREWITH ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, THAT ACCESS TO OUR SERVICE OR ANY CONTENT PROVIDED WILL BE UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. SKAURA DOES REPRESENT OR WARRANT THAT OUR SERVICE OR ANY CONTENT PROVIDED THEREIN OR THEREWITH, OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CONTENT OR MATERIALS. SKAURA IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE RESULTING FROM ACCESSING THE SERVICE, FOR YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICE, OR FOR ANY DAMAGE OR HARM YOU MAY EXPERIENCE BECAUSE OF THESE INTERACTIONS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCTS OR SERVICE, AND ANY CONTENT PROVIDED THEREIN OR THEREWITH. ALL DISCLAIMERS OF ANY KIND ARE MADE FOR THE BENEFIT OF SKAURA. THE FOREGOING DISCLAIMER OF WARRANTY DOES NOT APPLY TO ANY PRODUCT OR MANUFACTURER WARRANTY EXPRESSLY OFFERED BY US AND/OR ANY THIRD-PARTY MANUFACTURER OF PRODUCTS.
B. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SKAURA WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, STATUTE, OR OTHERWISE, FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, FOR ANY LOST PROFITS OR LOST DATA, ARISING OUT OF OR RELATING TO THESE TERMS, THE PRODUCTS OR SERVICE, EVEN IF SKAURA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PRODUCTS AND SERVICE. YOUR ONLY REMEDY AGAINST SKAURA IN CONNECTION WITH ANY DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS, THE PRODUCTS OR SERVICE, IS TO STOP USING THE PRODUCTS AND SERVICE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF SKAURA IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING OUT OF OR RELATING TO THESE TERMS, THE PRODUCTS, OR SERVICE, THE MAXIMUM LIABILITY SHALL BE THE AMOUNT PAID BY YOU TO SKAURA. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, STATUTE, OR ANY OTHER BASIS, EVEN IF SKAURA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS SET FORTH IN THIS LIMITATION OF LIABILITY SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT OF SKAURA FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
SECTION 14. INDEMNIFICATION
To the fullest extent permitted by applicable law, User agrees to and will indemnify and hold harmless SKAURA, and its affiliates and each of its and their respective officers, directors, shareholders, employees, agents, distributors, representatives, contractors, licensors, suppliers, successors, assigns, and insurers, from and against all claims, losses, liabilities, expenses, damages and costs, including attorneys' fees, arising from or relating in any way to (i) your access to or use of the Service or products; (ii)) your User-Generated Content; or (iii) your violation of these Terms, any law or the rights of any third party (including intellectual property rights or privacy rights).
SKAURA shall have the control of the defense or settlement, at our sole option, of any third-party claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and SKAURA.
To the fullest extent permitted by applicable law, you, for yourself and on behalf of your heirs, estate, insurers, successors, and assigns, hereby fully and forever release and discharge SKAURA from any and all claims or causes of action you may have for damages arising from or relating to these Terms or Service.
The foregoing indemnification obligation shall survive termination of these Terms and this Website, and any product or service provided to User arising out of or relating to User’s use of this Website.
SECTION 15. CONFIDENTIALITY.
SKAURA holds the confidentiality of its Users in the highest regard and will take all commercially reasonable measures not to disclose information about User or User’s communications to any other party, except when SKAURA believes, in good faith, that such action is reasonably necessary to: (i) comply with applicable law or with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the legitimate interests of SKAURA or others. Notwithstanding the foregoing, User acknowledges and agrees that any information it enters in this Website may be viewed by any other user with access to User’s Customer Number, where used, account information, or acting on User’s behalf. Notwithstanding the foregoing, User agrees that any information or materials that User or individuals acting on User’s behalf provide to SKAURA will not be considered confidential or proprietary. By providing any such information or materials to SKAURA, User grants to SKAURA an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials. User further agrees that SKAURA is free to use any ideas, concepts or know-how that User, or individuals acting on User’s behalf, provides to SKAURA. User hereby agrees that any comments, feedback or recommendations of User for the improvement or modification of this Website or the products or services advertised herein shall be the sole property of SKAURA.
SECTION 16. USE OF INTELLECTUAL PROPERTY
Except as provided elsewhere, see User-generated Comments, all of the content provided under our Service, including text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork and other content ("Content"), is owned by SKAURA or licensors, and is protected by copyright, trademark, patent and other laws. Content is part of the Service, and you may only use the Service as expressly permitted by these Terms. SKAURA reserves all rights not expressly granted to you in these Terms.
User recognizes that certain Content, such as logos, product or service names, slogans, and the look and feel of the products and Service may be covered under trademarks, service marks, trade dress, trade names, copyrights and/or patents/patent applications, owned or licensed by SKAURA, or licensors, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. User does not acquire a license or any ownership rights to any trademarks, service marks, or trade names, copyrights, patents, or any other intellectual property through User’s access or use of the Service. User may not change, obscure, or delete any ownership or proprietary notices appearing in the Service or Website, including materials downloaded or printed from the Website.
Subject to User compliance with these Terms, SKAURA grants User a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Service for User’s own personal, noncommercial use and, solely with respect to any applications included as part of the Service, to install and use such applications on electronic devices that User owns or controls. Any applications included in the Service are licensed (not sold), and if you fail to comply with any of the terms or conditions of these Terms, you must immediately cease using the Service and remove (uninstall and delete) applications included as part of the Service from your electronic devices.
SKAURA has adopted a policy of terminating, in appropriate circumstances, the accounts of users found to infringe the intellectual property rights of others. If you believe that any Content on the Service infringes a copyright that you own or control, please contact us and provide written notification to us. Please see Section 512(c)(3) of the Digital Millennium Copyright Act (“DMCA”) for the requirements of a proper notification. If your complaint fails to provide everything specified in the DMCA, we may be unable to act on it.
SECTION 17. SEVERABILITY
If any provision hereunder shall be unlawful, void or for any reason unenforceable, then such provision shall be deemed severable from the other provisions hereunder and shall not affect the validity and enforceability of any other provisions hereunder.
SECTION 18. TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either SKAURA or User. User may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment User fails, or SKAURA suspects that User has failed to comply with any term or provision of these Terms, SKAURA also may terminate this agreement at any time without notice and User will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services and/or Website.
SECTION 19. ENTIRE AGREEMENT
The failure by SKAURA to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms, and any policies or operating rules posted by SKAURA on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between User and SKAURA (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 20. GOVERNING LAW AND DISPUTE RESOLUTION
Except where prohibited by applicable law, and without limitation to any statutory rights for consumers, all Claims shall be resolved individually, without resort to any form of class action or any other kind of representative proceeding, governed by the laws of the United States and by the laws of the State of Florida without regard to its conflicts of laws provisions, and exclusively in the state or federal courts located in Palm Beach County, Florida. User waives any objection to such jurisdiction or venue.
In the event of any controversy or dispute between SKAURA and User arising out of or in connection with your use of the Terms or Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If the parties are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then the parties shall be free to pursue any right or remedy available to them under applicable law.
SECTION 21. CHANGES TO TERMS OF SERVICE
User can review the most current version of the Terms at any time on this page. SKAURA reserves the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Website. It is User’s responsibility to check the Website periodically for changes. User’s continued use of or access to this Website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
SECTION 22. CONTACT INFORMATION
Questions about the Terms or our website should be sent to us at admin@SKAURA.com. Our contact information is posted below:[INSERT TRADING NAME] admin@SKAURA.com
SKAURA
Operated by CLJI Worldwide LLC