Terms of Use

Acceptance Of Terms Of Use

Please read these terms of use ("Terms") carefully. This website ("Site") includes without limitation the collection of web pages that can be accessed via www.shopsky.com, and other on-line services accessible via the Site. SKY) PROVIDES THIS SITE TO YOU AND ANY OTHER PERSON OR ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (collectively "You"), SUBJECT TO THESE TERMS. THESE TERMS ARE ENTERED INTO BY AND BETWEEN SKY AND YOU, AND YOU ACCEPT THEM BY: (a) PLACING AN ORDER THROUGH THIS SITE; (b) USING THE SITE IN ANY OTHER MANNER; AND/OR (c) ACKNOWLEDGING AGREEMENT WITH THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITE.

All material, content and information including but not limited to technical, contractual, product, program, pricing, marketing, and other valuable information, and data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Material") on the Site shall be and remain the property of Sky or its respective owners. Sky may amend these Terms at any time by posting the amended terms on this Site.

You agree that You are solely responsible for any Material posted or submitted by You. You represent and warrant that You own or otherwise control all of the rights to Material submitted by You and that no use of such Material by Sky will infringe or violate any rights of any third party. You agree to defend, indemnify and hold Sky and its affiliated, subsidiaries, agents, representatives, employees, officers, directors, licensees, sponsors, partners, suppliers and contractors (collectively the "Affiliates") harmless from and against any and all claims, liabilities, damages, costs and expenses (including reasonable attorneys' fees and legal costs) arising from or in connection with any Material posted or submitted by You. Sky reserves the right, at any time and in its sole discretion, to delete, move or edit any Material posted or submitted by You.

PROMOTIONS

By participating in surveys, sweepstakes, contests or promotions on this Site, and/or requesting promotional information or product updates, You hereby agree that Sky may use information about You for marketing, product development and promotional purposes. You agree that Sky may use information about You and Your use of this Site in any manner that does not reveal Your identity and/or consistent with the terms of Sky’s Privacy Policy. Further, You agree that Sky may send You electronic mail for the purpose of advising You of updates to this Site, providing You with information on Sky products or for such other purpose as Sky deems appropriate.

SUBMISSIONS BY YOU

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered by You to Sky on this Site or otherwise disclosed, submitted or offered in connection with Your use of this Site (collectively "Comments") shall be and remain Sky’s property. Any such disclosure or submission of Comments shall constitute an assignment to Sky of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Sky will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Sky is and shall be under no obligation (1) to maintain Comments in confidence; (2) to pay any compensation for Comments; or (3) to respond to any Comments.

CONTENT PROVIDED VIA LINKS

You may find links to other Internet sites or resources on the Site. You acknowledge and agree that Sky is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Sky will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

SKY PRODUCTS

The Sky products displayed on this Site may be available through this Site or at select Sky retail stores in the United States of America and foreign markets. However, Sky cannot guarantee that the products appearing on this Site will be available through this Site or at every authorized Sky retailer; availability and selection are subject to supply. All product descriptions, specifications, colors, and prices are subject to change by Sky at any time without notice. Prices displayed on the Site are quoted in U.S. Dollars and are valid and effective only in the United States. The particular technical specifications and settings of Your computer and its display could affect the accuracy of its display of the colors of products offered herein.

Products offered for sale on this Site are for Your personal use only, not for re-sale. Sky reserves the right to limit the quantity of products purchased, and to refuse or cancel any order that we believe would violate any of these Terms, Sky business practices, applicable laws or policies.

Please e-mail us at [email protected] for if you need assistance with ordering products on this Site.

INTELLECTUAL PROPERTY RIGHTS

You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Materials or the Site, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership.

"Sky Trademarks" means all names, marks, brands, logos, designs, trim items, jewelry, trade dress, slogans and other designations Sky uses in connection with its products and services. You may not remove or alter any Sky Trademarks, or use the Sky Trademarks, without Sky’s prior written consent. You acknowledge Sky’s rights in Sky Trademarks and agree that any use of Sky Trademarks by You shall inure to Sky’s sole benefit.

DISCLAIMER OF WARRANTIES

THIS SITE AND ITS MATERIAL ARE PROVIDED "AS IS" FOR YOUR USE. TO THE EXTENT PERMITTED BY LAW, THIS SITE AND ITS MATERIAL ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SKY DOES NOT WARRANT OR GUARANTEE THAT ALL MATERIAL IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE AND ITS MATERIAL AND PRODUCTS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT ALL MATERIAL IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE, AND SKY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE AND THE PRODUCTS, SERVICES AND MATERIAL AVAILABLE FROM THIS SITE. YOUR USE OF THIS SITE AND ITS MATERIAL IS ENTIRELY AT YOUR OWN RISK.

LIMITATION OF LIABILITY

IN NO EVENT SHALL SKY BE LIABLE UNDER CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING FROM OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE, REGARDLESS OF WHETHER OR NOT SHOPSKY.COM OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, EXCEPT WHERE PROHIBITED BY LAW.

INDEMNIFICATION

You agree to defend, indemnify and hold Sky harmless from and against any and all claims, losses, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys' fees and legal costs) arising from or in connection with Your use or misuse of this Site and the Material or Your violation of any provision of these Terms.

INTERNATIONAL USE

Sky makes no representation or warranty that this Site and its Material are appropriate or available for use in locations outside the United States. Accessing this Site or the Material from territories in which this Site or the Material is illegal is prohibited. You agree that if You choose to access this Site or Material from any locations outside the United States, You do so on Your own initiative and are solely responsible for compliance with local laws.

Consent to Privacy Policy

You consent to the collection, processing and storage by Sky of Your personal information in accordance with the terms of Sky’s Privacy Policy, which is available at shopsky.com. You agree to comply with all applicable laws and regulations, and the terms of Sky’s Privacy Policy, with respect to any access, use and/or submission by You of any personal information in connection with this Site.

MISCELLANEOUS

If there is a dispute about these Terms or Your use of this Site, the laws of the State of California, United States of America, shall apply, without regard to any conflict of law provisions, and it shall be resolved exclusively by the state and federal courts sitting in California in the State of California, United States of America.