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Overview

Phoneskins.com (“PS”) welcomes you to our online mobile accessories website (“our Website”). PLEASE READ THE FOLLOWING TERMS AND CONDTIONS (“SITE TERMS”) CAREFULLY. When you visit our Website, or purchase products and services offered on our Website, you are agreeing to be bound by the following Site Terms. If you do not agree to all of our Site Terms, please do not use our Website.
PS’s Site Terms apply to you, and your employer, if you are using our Website on your employer’s behalf. If you are acting within the scope of your employment as an employee, or agent of another party, you warrant that such party has full knowledge of your actions and has consented thereto.

These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with PS or its affiliates. PS reserves the right to change its Site Terms, and your use of our Website will be subject to the most current version posted on our Website at the time of your use.

2. Privacy Policy

PS is committed to protecting your privacy. Please refer to our Privacy Policy in the Information section of our Website for information on how we collect, use and disclose personal information.

3. Website and Content Ownership

This Website (phoneskins.com) is owned and operated by PS. All of the images, audio, video and related informational materials in any medium displayed on our Website, including, but not limited to, text, graphics, captions, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof (collectively referred to as “PS Content”), is owned by PS or our licensors and suppliers. All elements of our Website, including PS Content, is protected by US and international copyright laws, trade dress, moral rights, trademark and other laws relating to the protections of intellectual property. Except as explicitly permitted under these Site Terms, no portion or element of our Website or PS Content may be copied or retransmitted via any means and all related rights shall remain the exclusive property of PS.

4. Trademarks

Logos, graphics, scripts, slogans, and product and service names contained in our Website are trademarks of PS or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of PS or the applicable trademark holder.

5. Website Use

Our Website and the PS Content are intended for customers of PS. You may not use our Website or the PS Content for any purpose not related to your business with PS. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of our Website or the PS Content; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying our Website or the PS Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any PS product or service if you are not expressly authorized by such party to do so; and (e) using our Website or the PS Content other than for its intended purpose. Any unauthorized use of our Website or the PS Content may violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.

You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.

6. Registration and Account Security

In consideration of your use of our Website, you agree to: (a) provide accurate, current and complete information as may be prompted by any registration forms on our Website ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to PS; (c) maintain the security of your username and password; (d) notify PS immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to PS.

7. Children

Minors and children (persons under the age of 18) are not eligible to use our Website unsupervised and we ask that minors and children do not register for an account or submit any personal information to us. By using Our Website unsupervised, and/or registering for an account, you warrant that you are 18 years of age or older.

8. Notification of Copyright Infringement

We respect your intellectual property rights. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on our Website, please send PS’s copyright agent a notice containing: (a) a physical or electronic signature of the copyright owner or person authorized to act on behalf of the copyright owner; (b) a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing; (c) a description of where the material that you claim is infringing is located on our Website; (d) information sufficient to permit PS to contact you, such as your physical address, telephone number, and email address; (e) a statement that you have a good faith belief that the use of the material you identified is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please send copyright infringement notices via email to: support@phoneskins.com.
9. Disclaimer of Warranties and Limitation of Liability

OUR WEBSITE AND THE PS CONTENT ARE PROVIDED TO YOU ON AN “AS IS" AND “AS AVAILABLE” BASIS. NEITHER PS NOR ITS AFFILIATES, DESIGNEES, OFFICERS, BOARD MEMBERS, EMPLOYEES, AGENTS, SUPPLIERS, CONTRACTORS, SPONSORS, LICENSORS OR THE LIKE (COLLECTIVELY, “ASSOCIATES”) WARRANT THAT USE OF OUR WEBSITE WILL BE UNITERRUPTED OR ERROR-FREE. NEITHER PS NOR ITS ASSOCIATES WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE PS CONTENT OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON OUR WEBSITE. PS AND ITS ASSOCIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY PS OR ITS ASSOCIATES SHALL CREATE A WARRANTY. SOME U.S. STATES AND FOREIGN COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

UNDER NO CIRCUMSTANCES SHALL PS OR ITS ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE OUR WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM OUR WEBSITE THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY IN ANY ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF PS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL TO ALL PS CONTENT, PRODUCTS AND SERVICES AVAILABLE THROUGHT OUR WEBSITE. SOME U.S. STATES AND FOREIGN COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

10. Indemnification

You agree to defend, indemnify and hold harmless PS and its Associates against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to: (a) any content that you post, store or otherwise transmit on or through our Website; (b) your conduct; (c) your use or inability to use our Website; (d) your breach or alleged breach of the Site Terms or of any representation or warranty contained herein; (e) your unauthorized use of PS Content; or (f) your violation of any rights of another.

11. Products Displayed on Website

Our Website attempts to display product images as accurately as possible. Nonetheless, we cannot guarantee that the color you see matches the product color, as the display of the color depends, in part, upon the monitor you are using.

12. Orders and Customer Accounts

All orders placed on our Website are subject to product availability and will be shipped according to PS’s shipping policies. In the rare event that your order never arrives, notification of lost items must be received within 60 days from receipt of the shipping confirmation e-mail. Please review the Shipping & Returns page(s) in the Help section of our Website for additional information on shipping times, rates and policies. Risk of loss and title for any products that you purchase passes to you upon our delivery to the carrier.

You may pay for your orders with major, U.S. credit and debit cards that are accepted by PS at the time you place your order. Credit and debit cards are charged when you place an order. We confirm availability of the products you order within two business days from the date your order is placed. If an item you order is out-of-stock, we notify you by email or phone and give you the option to choose a replacement item. Should you choose not to replace an item, within two business days, the amount we charged for that item will be credited back to the account you used to place your order.

PS also accepts Checks or Money Orders. Orders paid by check or money order are not processed until deposited funds have cleared our bank (generally 5-7 business days after you place your order). We do not offer COD, wire or bank transfer payment options.

After you place an order using our shopping cart, we will check the information you give us for validity, by verifying your method of payment or shipping address. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. PS reserves the right at any time after receipt of your order to accept or decline your order for any reason, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order. If we reject an order, we will process a refund within 2 business days.

PS may, in its sole discretion, terminate your account or your use of our Website at anytime. You are personally liable for any orders that you place or charges that you incur prior to termination.

PS reserves the right to change, suspend or discontinue all or any aspects of our Website at any time without prior notice. Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and PS reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and 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 cancelled, PS will issue a credit to your credit card account in the amount of the charge.

All sales made through our Website are subject to PS’s return policy. For a complete explanation of the return policy, please review the Shipping & Returns page(s) in the Help section of our Website.

13. Links

As a convenience, our Website may link to other sites that may be of interest to you but are not under PS’s control. These links do not imply endorsement by PS and we are not responsible for the content, or availability of content, contained in any linked site.

14. User Content

Our Website may include blogs, chat rooms, bulletin boards, message boards, forums, online hosting or storage services, email and other similar features (collectively referred to as “Interactive Services”) that you and other third parties may use to publish, transmit, or store messages, comments, data, information, text, music, sound, photos, graphics, code or other material ("User Content"). You are solely responsible for your use of such Interactive Services and use them at your own risk. When using any Interactive Services, you agree not to post, upload, transmit, distribute, store, create or otherwise publish any User Content that (a) is unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent, invasive of privacy or publicity rights, or otherwise objectionable; (b) may infringe any patent, trademark, trade secret, copyright or other intellectual property or contract right of any party; (c) constitutes any form of promotion or mass mailing; (d) contains viruses, corrupted data or other harmful, disruptive or destructive files; or (e) any User Content that, in the sole judgment of PS, is objectionable or which restricts or inhibits any other person from using or enjoying our Interactive Services, or which may expose PS or its users to any harm or liability of any type. Although PS does not regularly review User Content, we reserve the right to remove, screen or edit such content at any time and for any reason without notice, and we may refuse to process any orders including User Content that we find objectionable for any reason.

You represent and warrant that you possess all necessary rights to any User Content you submit or expose to our Website’s Interactive Services and you agree to defend, indemnify, and hold PS harmless from and against any and all claims arising out of or relating to such User Content. You agree not to delete or revise any User Content contributed by other third parties. PS assumes no responsibility or liability for any User Content, posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is PS liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. If you post User Content to our Website, unless we indicate otherwise, you grant PS and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media.

15. Applicable Law and Venue

Any dispute relating in any way to your use of our Website or the PS Content shall be submitted to confidential arbitration in Indianapolis, Indiana, except that, to the extent you have in any manner violated or threatened to violate PS’s intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Indiana, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this provision shall be conducted by a single arbitrator under the rules then prevailing of the American Arbitration Provision. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Site Terms shall be joined to an arbitration involving any other party subject to the Site Terms, whether through class arbitration proceedings or otherwise.

16. Termination and Severability

Notwithstanding any of these Site Terms, PS reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of our Website.

If any of these Site Terms (or any portion thereof) is determined to be unenforceable, the remaining Site Terms (or portions thereof) shall nonetheless be enforced to the fullest extent permitted by law.

17. Changes to Terms and Conditions

PS reserves the right to change any of these Site Terms at any time and in its sole discretion. When we make changes, we will revise the "Last Updated" date at the top of these Site Terms. Any changes will be effective immediately upon posting on our Website. Your continued use of our Website following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit our Website.

18. Miscellaneous Provisions

Any waiver of any provision of the Site Terms will be effective only if in writing and signed by PS. You consent to receive communications from us by e-mail. You agree that all communications that we provide to you by e-mail satisfy any legal requirement that communications be in writing. Any rights not expressly granted herein are reserved.

19. Contact Us

We welcome your questions or suggestions regarding our Site Terms. Please feel free to contact us by email at: support@phoneskins.com.