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Services and Conditions of Use
(a) As part of our service, we agree to provide you with information and other services that we may decide to offer, subject to the terms of this agreement. Upon notice published through the service, we may modify this agreement at any time. You agree and continue to agree to use our services in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines outlined below. Please note that you will be referred to as 'customer' in this agreement.
(b) Access to ringtones, wallpapers, applications and games (“Mobile Content”). In order to use the Mobile Content, you must have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which Company makes the Service available as well as any carrier services necessary to download content (e.g., T-Mobile's T-Zones? services), and pay any service fees associated with any such access. In addition, you must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service. You are responsible for ensuring that your equipment and/or software do not disturb or interfere with Company's operations. Any equipment or software causing interference shall be immediately disconnected from the Service and Company shall have the right to immediately terminate this Agreement. If any upgrade in or to the Service requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Service, including the release of new products and services, shall be subject to the terms and conditions of this Agreement.
(c) Mobile Content License to Download(s). You acknowledge and agree that the Download(s) made available as part of the Service are owned by Company, its affiliate and/or licensors, as applicable, and are protected by intellectual property laws. Company hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable, revocable right and license to download and use the object code version of the Download(s) and the Service on a designated compatible mobile device solely for your own personal non-commercial use. You further acknowledge and agree that you may not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Download(s) except as expressly provided in this Agreement. No license is granted to you by this Agreement in the human readable code, known as the source code, of the mobile entertainment content downloaded on your mobile device, and no rights are granted to you by this Agreement in any patents, copyrights, trade secrets, trademarks or any other rights in respect of the mobile entertainment content downloaded on your mobile device.
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Limitation Of Liability And Warranty.
CUSTOMER AGREES THAT USE OF THE SERVICE IS ENTIRELY AT CUSTOMER'S OWN RISK. SERVICES ARE PROVIDED 'AS IS,' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION THE SOFTWARE LICENSED TO THE CUSTOMER AND THE RESULTS OBTAINED THROUGH THE SERVICE. SPECIFICALLY, WE DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. CUSTOMER SPECIFICALLY ACKNOWLEDGES THE SERVICE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CUSTOMER.
NEITHER THE SERVICE NOR ANY OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE.
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Indemnity.
By using this Site and/or by placing an order with us, you agree to defend, indemnify and hold CellFan.com harmless from and against any and all liability, claims, costs and expenses in any action by any third party based on a claim that you infringed such third parties property rights. All content on this Site, including but not limited to the arrangement and construction of the Site, text, graphics, logos, button icons, images and software (collectively referred to as “Content”) is the original creation of CellFan.com, or used with the express permission of the copyright, trademark name or service mark owner, and therefore is protected by U.S. and international copyright laws. This Site and the Content may be used only to design and order printed material from CellFan.com. Any other use, including but not limited to, reproduction, modification, distribution, redistribution, publication, or republication of any or all of the Content on this Site is strictly prohibited. The Content, this Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any purpose, commercial or otherwise, that is not expressly permitted by CellFan.com in writing. This Site is for your personal non-commercial use. The Content and software on this Site may only be used as a shopping resource. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content, information, software, products, or services obtained from this Site. In addition, the method of purchasing and the software used in its implementation is proprietary in nature and may not be copied under any circumstances. Customer has a license to use the Site for the purposes of researching and purchasing Skins and Mobile Content only. The license to use the Site shall not be construed as permission for Customer to copy, modify, or imitate the proprietary purchasing software, user interface, or any other aspect of the Site.
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Regarding Logos on this Site.
Some of the logos included on this site are the trademarks or registered trademarks of their respective owners, and are provided as a convenience only for their lawful use. It is the expressed intent of CellFan.com that any unauthorized use of these items by the purchaser shall be the sole responsibility of the purchaser. The purchase of any item from CellFan.com is not authorization for the use of any specific logo or trademark. By purchasing said logos, you are not receiving any authority to use the artwork.
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Trademarks.
All trademarks appearing on the service are trademarks of their respective owners. Unauthorized use of any of the trademarks may be enforced by either CellFan, the respective owner of the trademark, or a Licensee of the trademark.
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Typographical Errors.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error, CellFan.com shall have the right to refuse or cancel any orders placed for product listed at the incorrect price.
CellFan.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, CellFan.com shall immediately issue a credit to your credit card account in the amount of the charge.
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Miscellaneous Provisions
(a) Notices And Announcements. Except as expressly provided otherwise herein, all notices to Company shall be in writing and delivered via overnight courier or certified mail, return receipt requested to:
CellFan
1111 6th Avenue, Suite 404
San Diego, CA, USA 92101
Company shall serve notices related to this contract by posting them on the Website or by sending them to the postal address or e-mail address you have given to Company or as a text message to your mobile telephone number associated with your account. Notices sent by mail shall be deemed received seven days after they were sent. Notices posted on the Website or sent by e-mail or as a text message shall be deemed received on the weekday following the day when they were posted or sent.
(b) Severability. You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of this Agreement; this Agreement will be deemed amended to the extent necessary to make this Agreement enforceable, valid and, to the maximum extent possible, consistent with applicable law, consistent with the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect.
(c) Entire Agreement. You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
(d) Assignment And Resale. Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. You agree not to resell the Service or any portion thereof.
(e) Governing Law. This Agreement and any disputes hereunder shall be governed in all respects by and construed in accordance with the laws of the State of California, United States of America, excluding its conflict of laws rules. You and we each agree to submit to exclusive jurisdiction of the courts of the State of California; if the courts of the State of California for any reason lack jurisdiction, jurisdiction shall lie the United States District Court for the Southern District of California, for any disputes between us under or arising out of this Agreement. The parties hereby waive any right to jury trial with respect to any action brought in connection with this Agreement.
(f) Waiver. No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of Company. The remedies of Company under this Agreement shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. The failure of a party, at any time or from time to time, to require performance of any obligations of the other party hereunder shall not affect its right to enforce any provision of this Agreement at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.
(g) Headings. The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
(h) Survival. In the event this Agreement terminates as provided herein, Sections 2, 3, 4, 5, and 6 of this Agreement shall survive such expiration or termination.
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PLEASE READ CAREFULLY AND ACCEPT OR REJECT THE FOLLOWING TERMS AND CONDITONS BEFORE CONTINUING
SkinIt™ Photo Uploader
Before Proceeding with your custom Skin with SkinIt™ (herein referred to as "we," "us," or "SkinIt"), please read the following Terms of Use ("Terms") carefully. If you ("you") agree to these Terms, and wish to use the SkinIt service ("Service"), please click on the "I accept" button. This will constitute a binding agreement between you and SkinIt. To decline acceptance, click the "I do not accept" button. Note that any violation of these Terms may result in termination of our contract with you.
SkinIt reserves the right to change these Terms from time to time. Please refer to this site periodically for any changes.
Your submissions
Under these Terms, you may NOT place any of the following material or obtain any such material using the Service:
- *Any threatening, obscene, pornographic or profane material or any other material that could give rise to any civil or criminal liability under applicable law. SkinIt recommends you use an .adult-content. warning label when pictures are being shared that include legal adult content;
- Any material that could infringe rights of privacy, publicity or copyrights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material;
- *Any material sent from an anonymous or false address.
While SkinIt is not responsible for the content of the submissions, SkinIt reserves the right to delete, move or edit submissions that it, in its sole discretion, deems abusive, defamatory, obscene or in violation of copyright or trademark laws or otherwise unacceptable. SkinIt may request confirmation of the copyright or trademark ownership from the submitter. SkinIt reserves the right to suspend the shipping of an order before such confirmation is received. If SkinIt does not receive any such confirmation or if there are continued claims of copyright or trademark infringement, SkinIt reserves the right to share certain account information with governmental organizations or other third parties. If you dispute any copyright or trademark infringement claims, we will share with you the contact information of any party claiming any such infringement. In the event of any such dispute, SkinIt reserves the right to suspend production and shipment of the Skin been resolved. In addition, you warrant that all moral rights in any uploaded materials have been waived.
Your physical or electronic sharing of your images constitutes permission for reprinting by the recipient.
SkinIt will not be liable for the content of any submission.
Copyright notice
SkinIt is committed to protecting photographers. copyrights. Each image submitter is required by US law to own the right to or to obtain permission to use any image before the image is uploaded or printed at SkinIt. If you believe that your work has been copied in a way that infringes your copyrights, please contact us at the following address and provide all relevant details.
Customer Service
ATTN: Licensing
SkinIt.com
1111 Sixth Avenue, Ste. 404
San Diego, CA 92101
Email: licensing@SkinIt.com
Unauthorized Use of Copyright Materials
Should Customer knowingly or unknowingly submit copyrighted material to the SkinIt Photo Uploader, and if SkinIt representatives shall discover the submission, the following will occur:
- * All processing of customer.s order shall cease;
- * SkinIt will notify customer of the unauthorized submission;
- * SkinIt will not refund customer the funds submitted, but instead shall send customer a Pincard which will allow Customer to choose one Skin of similar size, with any branded or unbranded content from SkinIt's current selection.
Customer support and Age requirements
You must be at least 13 years of age to use our Service. If you, your parent or guardian, have any concerns please feel free to contact us at customer support support@skinit.com
Copyrighted material and software
All of the information, content, software and materials we offer are protected by copyright and other pertaining laws. You may not copy or distribute such material without the copyright owner's prior written consent. You may use these materials for personal, non-commercial use only, so long as you do not modify the materials or remove any copyright or other proprietary rights notices contained in the materials.
Privacy policy
When you create an account with SkinIt, you need to provide some personal information, such as your name, email address, and mailing address. We protect and use this information as set forth in our Privacy Policy.
U.S. Government Restricted Rights
All materials, information, software and other products supplied by or through the Service are provided with .RESTRICTED RIGHTS.. use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in FAR52.22724 and DFAR252.227-7013 et seq. or its successor. Use of any of such by the Government constitutes acknowledgment of our or our suppliers. proprietary rights in them. In the event that the License, or any part thereof, is deemed inconsistent with the minimum rights identified in the Restricted Right provisions, the minimum rights shall prevail.
Indemnification
You agree to indemnify, defend and hold harmless us, our officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys. fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account.
Claims
Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action. The parties agree that any claims hereunder shall be subject to the state and federal laws of the state of California, and hereby consent to jurisdiction and venue in the courts of the Southern District of California located in San Diego, California.
Export
You are responsible for compliance with all local laws, and you are required to comply with U.S. export laws and regulations when you use or export any software or materials provided through the Service.
Disclaimer of warranties
THE CONTENT AND/OR MATERIALS AVAILABLE THROUGH SKINIT.S SITE ARE PROVIDED ON AN .AS IS. AND .AS AVAILABLE. BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SKINIT EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SKINIT MAKES NO WARRANTY THAT ITS SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THIS SITE OR OUR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SKINIT MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH SKINIT.S SITE OR ADVERTISED THROUGH SKINIT.S SITE.
Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL SKINIT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF SKINIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE SKINIT.S SITE OR SERVICES, FROM ANY CHANGES TO THIS SITE OR ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Miscellaneous
We may assign our rights and responsibilities hereunder without notice to you.
All items purchased through SkinIt 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 our carrier.
If any part of this Agreement is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.
These Terms constitute the entire agreement between you and us with respect to this Service, and supersede all other communications, written or oral, with regard to the Service.
NOTE: No copyrighted material, nudity, violence, drugs, or otherwise explicit content will be accepted for print.
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