Purchases of all PowerSkin Ink'd Custom Design Products are final. No returns will be accepted.
PowerSkin (“PowerSkin”) provides custom printing services (“Services”) that allow you to create customized cases for PowerSkin products printed with an image of your choice (“Products”). By using Powerskin’s Services, you agree to the following Terms of Use (“Terms”):
You acknowledge and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Content") you submit, upload, display, create, transmit, or otherwise provide to PowerSkin and any consequences thereof are your sole responsibility. You understand that you use PowerSkin Services at your own risk. You agree to use PowerSkin Services only for purposes that are legal, proper, and in accordance with these Terms and any relevant laws, rules, or regulations. You agree that you will not engage in any activity that interferes with or disrupts PowerSkin Services or servers or networks connected to PowerSkin Services or violates or attempts to violate the security of PowerSkin Services or Powerskin’s website. You further agree that PowerSkin has no responsibility or liability for the deletion or failure to store your Content.
You agree not to use PowerSkin Services to submit or create Content or Products that are generally offensive or in bad taste, including, but not limited to, Content or Products that: (a) infringes any copyright, patent, trademark, service mark, trade dress, right of privacy, right of publicity, moral right, trade secret, and/or other intellectual property or proprietary right (collectively “Intellectual Property Rights”) of any person; (b) is pornographic, obscene, vulgar, or defamatory; (c) denigrates or offends any ethnic, racial, gender, religious, or other group; (d) encourages the use drugs or illegal substances or any illegal conduct; or (e) contains viruses, harmful components, or any other programs or technology which disrupts or damages PowerSkin property or interrupts PowerSkin Services.
You agree not to use PowerSkin Services in any manner that infringes or is likely to infringe the Intellectual Property Rights of any person. You agree not to submit, upload, display, create, or otherwise transmit to PowerSkin any information or content that violates the Intellectual Property Rights of others. You further agree that you shall be solely responsible for any violations of any relevant laws and for any infringements of Intellectual Property Rights caused by any Content provided by you to PowerSkin.
PowerSkin reserves the right, but shall have no obligation, to pre-screen, flag, filter, refuse, modify, move, or delete any Content submitted to PowerSkin or created through PowerSkin Services. PowerSkin further reserves the right to do any or all of the following, at any time, in its sole discretion: (a) suspend or terminate your use of or access to PowerSkin Services; (b) refuse to accept, display, or transmit any Content; (c) refuse to create any Products; or (d) cancel your order.
PowerSkin claims no ownership in or control over any Content you submit to or create through PowerSkin Services. You or a third party licensor, as appropriate, retain all Intellectual Property Rights to any Content you submit to or create through PowerSkin Services and you are responsible for protecting those rights, as appropriate. By submitting or creating Content to or through PowerSkin Services, you grant PowerSkin and its subsidiaries, affiliates, officers, agents, employees, subcontractors, vendors, suppliers, and partners (collectively "Affiliates") a perpetual, worldwide, non-exclusive, royalty-free license to reproduce, adapt, modify, publish, and distribute such Content for the purpose of creating the Products and/or displaying, distributing, and promoting PowerSkin Services. PowerSkin reserves the right to syndicate Content submitted or created by you and to use that Content in connection with any service offered by PowerSkin.
You acknowledge, represent, warrant, and guarantee to PowerSkin all of the following: (a) you are at least 18 years old and are legally able to agree to these Terms; (b) you have all the rights, power, and authority necessary to grant the rights granted herein to any Content submitted by you to PowerSkin or created by you through PowerSkin Services; and (c) any Content submitted by you to PowerSkin does not contain any viruses or any other programs or technology which disrupts or damages PowerSkin property or interrupts PowerSkin Services.
PowerSkin reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, PowerSkin Services (or any part thereof) without notice. You agree that PowerSkin shall not be liable to you or to any third party for any modification, suspension, or discontinuance of PowerSkin Services.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF POWERSKIN SERVICES IS AT YOUR SOLE RISK. POWERSKIN SERVICES ARE PROVIDED ON AN "AS-IS" AND "ASAVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POWERSKIN AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU FURTHER UNDERSTAND AND AGREE THAT POWERSKIN AND ITS AFFILIATES DO NOT WARRANT THAT (a) POWERSKIN SERVICES WILL MEET YOUR REQUIREMENTS, (b) POWERSKIN SERVICES OR THE POWERSKIN WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND (c) THE QUALITY OF ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED BY YOU THROUGH POWERSKINSERVICES WILL MEET YOUR EXPECTATIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT POWERSKIN AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU FOR DAMAGES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF POWERSKIN OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) YOUR USE OR THE INABILITY TO USE POWERSKIN SERVICES; (b) CONTENT SUBMITTED OR CREATED BY YOU OR PRODUCTS INCORPORATING SUCH CONTENT; (c) ACCESS TO OR ALTERATION OF YOUR CONTENT, TRANSMISSIONS, OR DATA; (d) VIRUSES, MISTAKE, OMISSION, DELAY, OR INTERRUPTION IN POWERSKIN SERVICES; OR (e) ANY OTHER MATTER RELATING TO POWERSKIN SERVICES. IF YOU ARE DISSATISFIED WITH ALL OR ANY PORTION OF THE POWERSKIN SERVICES OR PRODUCTS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE POWERSKIN SERVICES. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF POWERSKIN AND ITS AFFILIATES FOR ANY REASON AND FOR ALL CLAIMS (HEREINAFTER DEFINED) ARISING OUT OF OR IN ANY WAY RELATED TO THE POWERSKIN SERVICES, PRODUCTS, OR THESE TERMS SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED UP TO A MAXIMUM OF TWO HUNDRED FIFTY DOLLARS (US $250).
You agree to indemnify, defend, and hold harmless PowerSkin and its Affiliates from and against any and all claims, demands, causes of action, suits, sums paid in settlement of any of the foregoing, judgments, losses, damages, liabilities, costs, and/or expenses of every kind and nature (including, but not limited to, reasonable attorneys’ fees) (collectively “Claims”) arising from or relating to: (a) your use or inability to use the PowerSkin Services or PowerSkin website; (b) any Content created or provided by you to PowerSkin, including, but not limited to, any claims for infringement of Intellectual Property Rights of others; (c) your violation of these Terms; (d) breach of any representation made by you in these Terms; or (e) any third party claim inconsistent with the representations made by you in these Terms. The foregoing defense and indemnity obligations are without limit, without regard to the negligence of any party, and without regard to whether the Claim is true or valid or whether you, PowerSkin, or its Affiliates have a valid defense to the Claim.
In the event you fail to comply with your obligation to defend, indemnify, and hold harmless PowerSkin or its Affiliates, PowerSkin may elect in its sole discretion to retain counsel of its choosing to represent it or its Affiliates in connection with such Claims at your sole expense. PowerSkin shall have sole control of the defense, settlement, and resolution of any Claims for which you are obligated to provide defense or indemnification, and sole discretion in approving or disapproving the selection of counsel to represent it in the defense or settlement of any Claims.
PowerSkin may unilaterally amend these Terms in its sole discretion. Any amendments shall become effective immediately upon posting on Powerskin’s website and your continued access and use of Powerskin’s website and/or PowerSkin Services on or after such time constitutes your acceptance of the amendments. You agree that PowerSkin may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on Powerskin’s website. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.
These Terms shall be construed in accordance with, and governed by, the laws of the State of California without regard to conflict of law principles. Any proceeding or action brought to enforce or interpret these Terms shall be filed and heard only in the state or federal courts located within the County of Los Angeles and in no other jurisdiction, and the parties irrevocably consent and submit to the exclusive jurisdiction of such courts. If any proceeding or action is brought to interpret or enforce these Terms, the prevailing party shall recover from the other all attorneys’ fees and costs incurred by the prevailing party in such proceeding or action.
These Terms will be binding on and will inure to the benefit of the parties hereto and their heirs, executors, successors and assignees. These Terms contains the entire agreement between the parties hereto relating to the subject matter hereof, and supersedes all other prior and contemporaneous oral or written representations, agreements, negotiations, and understandings. The headings used herein are for convenience only and in no way define, limit, amplify, or describe the scope or intent of any provisions hereof.
BY USING POWERSKIN SERVICES OR CLICKING "I AGREE", YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.
