The website https://www.skullcandy.com/ ("Website") is owned and operated by Skullcandy Inc., 6301 North Landmark Drive, Park City, UT 84098, USA ("Skullcandy", "we" or "us"). These Terms of Use set out the terms between you and Skullcandy under which you may access our Website. These Terms of Use apply to all users of, and visitors to, our Website. Use of our Website includes accessing, browsing, or registering to use our Website. We may revise these Terms of Use at any time by amending this page. We recommend to check this page from time to time to take notice of any changes we made, as they are binding on you.
USE OF SITE
Skullcandy is the owner or the licensee of all intellectual property rights pertaining to the Website, and the materials published on it. Subject to these Terms of Use, Skullcandy hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Website by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Website and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Skullcandy in advance. Any resale of any goods purchased or otherwise obtained via the Website is a violation of this license and hereby prohibited. This includes advertising or resale on third-party sites like eBay, Amazon and buy.com. Any breach of these Terms of Use shall result in the immediate revocation of the license granted in this paragraph without notice to you. Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Website or any portion of it unless expressly permitted by Skullcandy in writing. You may not make any commercial use of any of the information provided on the Website or make any use of the Website for the benefit of another business unless explicitly permitted by Skullcandy in advance. Skullcandy reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if Skullcandy believes that customer conduct violates applicable law or is harmful to Skullcandy’s interests. You shall not upload to, distribute, or otherwise publish through this Website any content, information, or other material that (a) violates or infringes the intellectual property rights, copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under applicable law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
NO RELIANCE ON INFORMATION
Content provided on this Website is solely provided for informational purposes. It is your sole responsibility to obtain (health) professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website. Submissions or opinions expressed on this Website are that of the individual expressing such submission or opinion and may not reflect the opinions of Skullcandy. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
YOUR ACCOUNT AND PASSWORD
Skullcandy may assign you a password and account identification to enable you to access and use certain portions of this Website. Each time you use a password or identification, you will be deemed to be authorized to access and use the Website in a manner consistent with these Terms of Use, and Skullcandy has no obligation to investigate the authorization or source of any such access or use of the Website. Use of a password, coupon code or other access to private information by anyone other than intended recipient is expressly prohibited. This includes sharing, forwarding or otherwise distributing this information in a public venue. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS WEBSITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS WEBSITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Skullcandy of any unauthorized use of your password or identification or any other breach or threatened breach of this Website's security.
REVIEWS AND COMMENTS
Except as otherwise provided elsewhere in these Terms of Use or on the Website, anything that you submit or post to the Website and/or provide Skullcandy, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and non-proprietary. When you upload or post Submissions to our Website, you agree that all Submissions shall automatically become the sole and exclusive property of Skullcandy and shall not be returned to you. By uploading or posting Submissions, you grant to Skullcandy a royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. In addition to the rights applicable to any Submission, when you post comments or reviews to the Website, you also grant Skullcandy the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights pertaining to the Submissions, reviews, comments and other content that you post on this Website and that use of your Submissions, reviews, comments, or other content by Skullcandy will not infringe upon or violate the rights of any third party. You shall be liable to us and shall indemnify us from and against all actions, claims, demands, liabilities, damages, losses, costs, charges and expenses (including, without limitation, consequential losses, loss of profit and loss of reputation and all interest, penalties and legal and other professional costs and expenses) that we may suffer or incur in connection with, or arising (directly or indirectly) from, any breach in this respect. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead Skullcandy or third parties as to the origin of any Submissions or content. Skullcandy may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
PRIVACY POLICY
Please review our Privacy Policy, which also governs your visit to and use of this Website, to understand our practices regarding any personal data we might collect from you and the cookies we use at the Website and why we use them. Our Privacy Policy is available here. RISK OF LOSS All items purchased from the Website 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.
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, Skullcandy may, without prior notice to you, immediately terminate all of your rights granted under these Terms of Use. Upon any termination, you shall immediately cease all access to and use of the Website and Skullcandy shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Website in whole or in part. Any termination shall not affect the respective rights and obligations (including without limitation, payment obligations) that may have arisen before the date of termination.
INTERNATIONAL ACCESS
This Website may be accessed from countries other than the United States. This Website may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Website outside the United States you are responsible for complying with your local laws and regulations.
APPLICABLE LAW
These Terms of Use, its subject matter and any disputes or claims arising from the use of this Website shall only be evaluated according to the law of the state of Utah. VOID WHERE PROHIBITED.
CONTACT US
If you have any questions about our Website, please contact us at dataprotection@skullcandy.com and/or 6301 North Landmark Drive, Park City, UT 84098 USA