Skybound, LLC – Terms and Conditions
Last Updated: May 31, 2018
Thank you for visiting Skybound.com (together with its dependent pages this “Site”)! This Site is operated by Skybound, LLC (together with its parent companies, subsidiaries, affiliates, brands and divisions, as may change from time to time, “Skybound,” “we,” “us” or “our”) and allows you to: (i) participate in interactive features that we may make available such as purchasing our books, clothing and other products (“Product”); (ii) post to our Site and forums; or (iii) simply view this Site. These Terms and Conditions (these “Terms and Conditions”) govern your use of this Site, and your agreement is a condition of using our Site. Except as provided under the “Applicability to Services” heading below, these Terms and Conditions also govern your access to Skybound Insiders, our social media presences, games, mobile apps, and similar services (collectively with the Site, the “Services”).
These Terms and Conditions require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute. Please see the “Arbitration” heading below.
Binding Effect; Modifications to these Terms and Conditions.
This is a binding agreement. By using the Site or any Services, you agree to abide by these Terms and Conditions, as they may be amended by Skybound from time to time in its sole discretion. Skybound reserves the right to make changes to these Terms and Conditions at any time and from time to time. Such changes, modifications, additions, or deletions shall be effective immediately upon posting on the Site. Any use by you of the Services after such revisions shall conclusively be deemed to be acceptance by you of such changes, modifications, additions, or deletions. You agree to review these Terms and Conditions periodically to be aware of such revisions. If at any time you find these Terms and Conditions unacceptable, you must immediately leave the Site and cease all use of the Services.
Age Requirements for General Use of Services.
Our Services are for general audiences and we do not direct any of our content specifically at children under 13 years of age. By using our Services, you affirm that you are at least 13 years of age. If you are under 13 years of age, do not use the Services. If you are younger than 18 years of age, by registering or participating in any of our Services or related functions, including providing any Personal information, you hereby represent that you are in possession of consent from a legal parent or guardian who has agreed to these Terms and Conditions on your behalf.
Modifications to the Site.
Skybound shall have the right at any time and from time to time to change or discontinue any aspect or feature of the Services including, but not limited to, the content, Products, hours of availability, and equipment needed for access or use.
Copyrights, Trademarks and Other Proprietary Rights.
When accessing the Services, you agree to comply with the law and to respect the intellectual property rights of others. You agree that you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit to or through the Services.
All content on the Services, including text, hidden text within our source code, software, photos, video, graphics, music and sound, is subject to protection by copyright, trademark, and other proprietary rights. In addition, the entire contents of the Site are copyrighted as a collective work under the United States copyright laws and Skybound owns the copyright in the selection, coordination, arrangement and enhancement of such content.
All trademarks appearing in the Services are the property of their respective owners, including, in some instances, Skybound, and/or affiliated companies. Nothing contained in the Services should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Skybound or by any third party.
You may print or have printed by any third party any downloadable material contained on this Site provided that: (i) the printed copy is solely for your non-commercial and personal use; (ii) no copyright, author attribution, trademark, legend or other proprietary notice is removed from the printed copy; and (iii) the material in the printed copy is not altered in any manner. Except as expressly provided herein, you may not modify, create derivative works, copy, redistribute, reverse engineer, publish, transmit, display or in any way exploit any content or material from the Services without the express written permission of Skybound and the respective copyright owner. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
Accessing the Services and Account Security.
We reserve the right to withdraw or amend all or any part of this Site or any other Services in our sole discretion without notice. We will not be liable if for any reason all or any part of any Service is unavailable at any time or for any period. From time to time, we may restrict access to all or some parts of the Services to users, including registered users.
You are responsible for:
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security, including but not limited to, if you lose your user name or password. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms and Conditions.
Communications to the Services; License to Skybound.
You hereby grant to Skybound a worldwide, royalty-free, perpetual, irrevocable, transferable, sublicenseable non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display (in whole or in part) and/or to incorporate in other works in any form, media, or technology now known or later developed, all communications, including but not limited to all product reviews, remarks, submissions, ideas, concepts, pictures or other information that you transmit to the Services (“User Content”), whether by email, posting, uploading or otherwise. You will not be compensated for any User Content. By posting User Content on the Services, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, and otherwise distribute User Content, and to permit us to do the same. You agree that we may publish or otherwise disclose your name or likeness in connection with your User Content and may also publish or otherwise disclose the name(s) or likeness(es) of any third parties in connection with your User Content.
Prohibited Activity on the Services.
You agree not to use any device, software or routine to interfere with the proper functioning of the Services. You further agree not to use any software, tool, data, device or other mechanism to navigate or search the Services other than the search engine provided by Skybound or generally available browsers. You are solely responsible for the content and context of any materials or information you post or submit through the Services. You warrant and agree that, while using the Services, you shall not upload, post or transmit to or distribute or otherwise publish through the Services any materials which: (i) are unlawful, harmful, defamatory, threatening, harassing, obscene, vulgar, hateful, abusive, profane, or invasive of a person’s privacy; (ii) restrict or inhibit any other user from using and enjoying the Services; (iii) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; (iv) solicit personal information of/from others (v) contain a virus or other harmful component; (vi) contain advertising of any kind, including but not limited to, chain letters, pyramid schemes, solicitations or other advertisements; (vii) contain false or misleading indications of origin or statements of fact; (viii) include information you are not authorized to disclose (including trade secrets or inside information about a company); (ix) infringe any third-party rights, including rights under copyright, patent, trademark or trade secret, or any rights of privacy or publicity; (x) impersonate any person or entity, including, without limitation, any owner or manufacturer of any product; or (xi) Skybound, in its sole direction, otherwise determines to be offensive. Skybound reserves the right to remove, edit, move, or close any thread for any reason or for no reason whatsoever. In addition, Skybound reserves the right to preserve any material it receives from you and will fully cooperate with any law enforcement authorities or court order requesting or directing Skybound to disclose the identity of, help identify, or locate anyone transmitting any such content.
Monitoring; Copyright Complaints.
You agree that Skybound has the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in its sole discretion, any material and content anywhere in the Services, including but not limited to product reviews, bulletin boards, email and other forums that Skybound may offer. Notwithstanding this right, Skybound does not and cannot review all materials posted to the Services by users, and Skybound assumes no responsibility or liability for any actions or content transmitted by or between you or any third party within or outside of the Services. If notified, Skybound may, but is not obligated to, investigate an allegation that content transmitted through the Services is in violation of these Terms and Conditions and determine whether to have the communication removed from the Services. However, Skybound is under no obligation to remove content transmitted by third parties from the Services and assume no responsibility or liability arising from or relating to any such content, including but not limited to any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.
Skybound may, in appropriate circumstances and at its discretion, terminate the access of users, subscribers, and account holders who infringe the copyright rights of others. If you believe after reasonable inquiry that your work has been copied and is accessible on the Services in a way that constitutes copyright infringement, you may notify Skybound by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512):
Please send the written communication to the following address: Info@Skybound.com.
Shopping is easy, convenient and secure. Simply select the Product you want to purchase, the desired quantity, size or color and click “Add to Cart”. When you’ve completed shopping click the “Checkout” button and follow the instructions to checkout and complete your order. Please note that you may change the contents or edit the quantities of items in your shopping cart until you click “Complete Order”, after which your order will be processed. After submitting your order, a confirmation page will be displayed and your order number will be provided. You will also receive an email confirmation shortly after your order has been submitted. If your email confirmation does not arrive within 48 hours after you have placed your order, please contact us via email for assistance.
You may track your order by using your tracking number included in your shipping confirmation email or via the Order History section for registered members only.
Products offered through the Services are offered subject to availability. While we do our best to ensure that product and pricing information is current and complete, Skybound is not liable for inaccurate information or for any information that has been omitted or is out of date. Prices for Products are typically quoted in US Dollars, but may be reflected in foreign currency where noted. Skybound may, from time to time, offer promotions for shipping and other discounts on product purchases. We reserve the right to suspend any such promotions, update product information, change prices and adjust shipping and handling fees at any time without notice. Furthermore, we reserve the right to change, limit, refuse or cancel any order you place with us in our sole discretion. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
By entering into any transaction through the Services, you warrant and represent that all information you provide is true and correct (including, without limitation your credit card information and billing address), that any credit card transactions submitted by you are authorized, and that you are the legal holder of any credit card or payment account used to enter into any transaction through the Services. If, in our sole discretion, we determine that (i) your means of payment is not valid, (ii) a transaction is not authorized, (iii) your means of payment cannot be processed or verified at the time of any charge (iv) a charge is disputed for any reason other than failure by Skybound to deliver the Product purchased by you, (v) you have abused or misused promotions or promotion codes, or (vi) you have otherwise used the Services to enter into an improper transaction, Skybound reserves the right to immediately terminate any pending transactions, suspend your access to the Services, and terminate all of Skybound’s obligations hereunder. In addition, we reserve the right to charge you an administrative processing fee equal to 10% of the total billable amount, which charge you hereby authorize by entering into a transaction through the Services.
Notwithstanding anything herein to the contrary, you agree that any formal payment dispute lodged with any bank, merchant services provider, credit card or payment card company, or any third party discount provider shall be invalid unless (x) you notify Skybound within 10 days from date of the applicable transaction that you wish to dispute any charge relating thereto, and (y) that you have made reasonable, good faith efforts to resolve such dispute with Skybound directly, and such efforts have failed. You can e-mail details regarding your dispute to info@Skybound.com.
If you have any questions or concerns when placing an order or if you wish to inquire about a previously placed order, please email us at info@Skybound.com using your order number.
Unless otherwise provided in our refund policy, all sales are final and no returns or refunds are given.
Risk of Loss.
All items purchased from Skybound are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Third Party Sites.
Similarly, from time to time in connection with your use of the Services, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Skybound makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content. Skybound is not responsible or liable for any damages claimed in connection with content or products available from such external sites or services.
Disclaimer of Warranty; Limitation of Liability.
The Services and all information, content, materials, Products and services included on or otherwise made available to you through the Services are provided by Skybound on an “as is” and “as available” basis, unless otherwise specified in writing. Skybound makes no representations or warranties of any kind, express or implied, as to the operation of the Services or the information, content, materials, Products or services included on or otherwise made available to you through the Services, unless otherwise specified in writing. You expressly agree that your use of the Services is at your sole risk.
To the full extent permissible by applicable law, Skybound disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Skybound does not warrant that the Services; information, content, materials, Products or services included on or otherwise made available to you through the Services; the servers and other infrastructure used by Skybound to provide the Services; or any electronic communications sent from Skybound are free of viruses or other harmful components. Skybound will not be liable for any damages of any kind arising from the use of the Services or from any information, content, materials, Products or services included on or otherwise made available to you through the Services, including, but not limited to direct, indirect, incidental, punitive, lost profits, lost data, and consequential damages, regardless of the foreseeability of those damages. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
Exclusions and Limitations.
Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of these Terms and Conditions remain in full force and effect.
You agree to indemnify, hold harmless and, upon request, defend, Skybound their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys’ fees, arising out of or relating to your access to, browsing or use of the Services, content you transmit to or through the Services, your violation of any rights of another, or your breach of these Terms and Conditions. Skybound reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of Skybound.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS
If either you or we have any disputes with one another arising under these Terms and Conditions (including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination) or in connection with the Services, you and we each agree that we will submit the dispute solely to final and binding arbitration under the then-current Rules of Arbitration of the American Arbitration Association, applying California law.
You and we hereby expressly waive trial by jury and right to participate in a class action lawsuit or class-wide arbitration. The arbitration will be conducted by a single, neutral arbitrator and shall take place in the county or parish in which you reside, or another mutually agreeable location, in the English language. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys’ fees when authorized by law, and the arbitral decision may be enforced in any court. At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. The prevailing party in any action or proceeding to enforce these Terms and Conditions shall be entitled to costs and attorneys’ fees. Each party will be responsible for any other fees or costs that such party may incur.
If a court decides that any provision of this “Arbitration” section is invalid or unenforceable, that provision shall be severed and the other parts of this section shall still apply. In any case, the remainder of these Terms and Conditions will continue to apply.
This “Arbitration” section of these Terms and Conditions will become effective 45 days following the date on which these Terms and Conditions are initially posted on the Site. Skybound will provide 45-days’ notice of any subsequent changes to this section and any such changes will become effective on the 45th day thereafter, and will apply prospectively only to any claims arising after the 45th day.
Governing Law and Venue.
Subject to the “Arbitration” section above, (i) these Terms and Conditions shall be governed by the laws of the State of California, without respect to its conflict of laws principles, and (ii) you and we each hereby irrevocably consent to the exclusive jurisdiction of the state and federal courts in Los Angeles County, California in all disputes arising under these Terms and Conditions or in connection with the Services.
Provision from California.
The Services are controlled and operated by Skybound from its offices in the State of California. Skybound makes no representation that any of the materials or the services to which you may be given access are available or appropriate for use in other locations. Your use of or access to the Services should not be construed as Skybound’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
Applicability to Services.
If you access any mobile application Service (an “App”) through or download the App from the Apple App Store (an “App Store Sourced Application”), you will use the App Store Sourced Application only: (i) on an Apple-branded product; and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. We reserve all rights in and to the App Store Sourced Application not expressly granted to you under these Terms.
You acknowledge and agree that (i) these Terms are valid between you and us only, and not Apple, and (ii) as between us and Apple, we, not Apple, are solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will, where applicable, refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between us and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
You and we acknowledge that, as between us and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and we acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between us and Apple, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries relating to your license of the App Store Sourced Application, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the rights under these Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
Without limiting any other provisions of these Terms, you must comply with all applicable third- party agreements when using the App Store Sourced Application.
Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services and/or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If any provision or provisions of these Terms and Conditions shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected thereby. Except as described herein, you may not assign these Terms and Conditions without our explicit consent. You are responsible for fees associated with gaining access to the Services, including the fees associated with any equipment necessary to access the Internet and the fees charged by your mobile carrier or service provider. The Services may not be compatible with all devices or in conjunction with all third-party software and operating systems.
If you have any questions or comments regarding these Terms and Conditions or the Services, please feel free to contact us by email at info@Skybound.com.