TERMS & CONDITIONS
Last updated on October 31, 2019
- Welcome to Skunk Bags! This website, www.SkunkBags.com (the “Site”) is owned, operated and maintained for its visitors as a service of Skunk, Inc., a California Corporation (“Skunk Bags,” “we,” “us” or “our”). We are excited for you to use our Site. By using our Site, you acknowledge that you have read, understand, and agree to be bound by all the Terms & Conditions that follow. Please review these Terms & Conditions carefully. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, YOU SHOULD IMMEDIATELY EXIT, DISCONTINUE, AND NOT USE THE SITE.
- Agreement. These Terms & Conditions (this “Agreement”, the “Terms”, or these “Terms & Conditions”) specify and describe the Terms & Conditions for access to and use of the Site, and any other services provided on the Site. These Terms & Conditions may be modified at any time by the posting of an updated version on the Site. Any updated versions of these Terms & Conditions will be effective immediately and supersede prior versions. Each subsequent use of the Site will be deemed your unconditional acceptance of the current version of the Agreement. If you do not agree with the current version of the Agreement, please discontinue your use of the Site. You can view the most recent version of the Terms & Conditions at any time at www.Skunkbags.com/terms&conditions. If you have any questions about these Terms & Conditions, please reach out to us at firstname.lastname@example.org.
- Additional Terms. As the Site continues to grow, in addition to updating these Terms & Conditions, added Site features may have their own set of supplemental terms and conditions that apply in addition to these Terms & Conditions (“Additional Terms”). If these Terms & Conditions directly conflict in any way to any Additional Terms, the Additional Terms will control, but only as to those features of the Site for which the Additional Terms may reference.
- Intended Audience. The Site is not intended for use by children under the age of 13. Your use of the Site is an affirmative representation that you are 13 years of age or older. Any access to or use of the Site by anyone under the age of 13 is prohibited.
- Definitions. For purposes of this Agreement:
“Content” means all text, data, comments, graphics, surveys, images, files (downloadable or otherwise), infographics, web links, videos and photographs, without limitation, found on or accessible through the Site.
“Site Content” means all Content that Skunk Bags uploads or publishes to or through the Site, including Content licensed from a third party.
“User” refers to any Site visitor, whether or not they have provided any Content, Personal Information, or purchased a product from or through the Site.
- Intellectually Property, Trademark, and Copyright Ownership. The Site, Content and Site Content are protected by copyright, trademark, and other laws of the United States and foreign countries. All logos, slogans, tradenames, service marks, and other proprietary designations, are trademarks or registered trademarks of the Site’s owners, subsidiaries, affiliates and partners, or other respective third parties. Except as otherwise provided in this Agreement, Skunk Bags and its partners exclusively own all right, title, and interest in and to the Site, Content, and Site Content, including all associated intellectual property rights. Any copying, redistribution, use or publication of the Site, Content or Site Content, except as permitted in this Agreement or otherwise expressly authorized, is prohibited. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights, notices or designations incorporated in or accompanying the Site, Content or Site Content.
- User License. Provided that you adhere to these Terms & Conditions, we grant you a limited, revocable, nonexclusive, non-transferable, without the right to sublicense, license to: (a) access, view, download and print Site Content, only solely for your personal and non-commercial purposes, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, commercial, or other use (the “User License”). You are expressly prohibited from doing or causing to be done any of the following for any commercial or profit-making purposes: using, copying, adapting, modifying, preparing derivative works based upon, distributing, licensing, selling, transferring, publically displaying, publically performing, transmitting, streaming, broadcasting, or otherwise exploiting, any Site Content unless expressly authorized in this Agreement or invited to do so on the Site (such as an invitation to share Site Content on social media platforms through a native button located on the Site). Your use of the Site is discretionary and we may terminate your User License at any time, without prior notice or warning. Any User License prohibitions shall not be construed in any way to prevent a User from using Site Content consistent with and pursuant to fair use doctrines under U.S. Copyright law.FOR AVOIDANCE OF DOUBT, ALL CONTENT ON THE SITE IS PROVIDED ON AN “AS IS” BASIS.” RELIANCE ON ANY INFORMATION PROVIDED BY THE SITE IS TO BE MADE SOLELY AT YOUR OWN RISK. WE MAKE NO WARRANTY OR REPRESENTATION ABOUT THE INFORMATION CONTAINED ON THE SITE OR ABOUT THE RESULTS FROM YOUR USE OF THE SITE. WE DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING IT.
- Third Party Service Providers and Web-Sites. The Site may contain links to third-party service providers, including other websites. Your use of any third-party service provider or website may be governed by that third-party service provider or websites’ own terms and conditions and privacy policies, and as such, you agree to abide by those terms during your use of such services on the Site. We urge you to review the terms and conditions and privacy policies of any third-party service providers or websites before using their services. We are not responsible for any issues caused by the Site’s incorporation or connectivity with any third-party service providers or websites. The Site may also provide access to and/or hyperlinks to third-party websites that are not maintained by us. These third-party websites may provide you with information that may or may not be directly or indirectly related to the Site or our products. In all cases, Skunk Bags is not responsible or liable for the accuracy, content, products, services, privacy, security, or other practices of any such third-party services providers or websites. THE SUBMISSION OF ANY INFORMATION TO ANY THIRD PARTY SERVICE PROVIDER, ONLINE MERCHANT, OR OTHER WEBSITE THAT IS DIRECTLY OR INDIRECTLY LINKED TO OUR SITE IS NOT UNDER OUR CONTROL AND WE ARE NOT RESPONSIBLE OR PRIVY TO THEIR BUSINESS PRACTICES, MERCHANTBILITY, OR ACTIONS. IF YOU DECIDE TO ACCESS ANY THIRD-PARTY SERVICES, WEBSITES, ONLINE MERCHANTS, OR ANY CONTENT OR OTHER WEBSITES LINKED FROM THE SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK AND SUBJECT TO THE PRIVACY POLICIES AND TERMS AND CONDITIONS SET FORTH BY SUCH RESPECTIVE PARTIES. THEIR TERMS & CONDITIONS AND PRIVACY POLICIES MAY DIFFER GREATLY FROM OURS.
If the Site provides access to or a link to a third party service provider or website, or if the same links back to our Site, it is not an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with us, unless otherwise explicitly stated by us.A website that links back to our Site: (i) may describe and summarize, review and link to, but – without express, written consent – may not replicate our content; (ii) may not create a browser, border environment or frame our content; (iii) may not imply that we are endorsing it or its products, services, or furthering its purpose; (iv) may not misrepresent its relationship with us; (v) may not present false or misleading information about our Site; and (vi) should not include content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups.
- Indemnification. You agree to defend, indemnify and hold the Site, Slunk Bags, and its affiliates, partners, subsidiaries, owners, members, board of directors, managers, officers, employees, and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred, directly or indirectly, with respect to or arising out of: (i) your access to or use of the Site; (ii) your breach of this Agreement; (iii) your violation of any third party rights or Site licensors, including without limitation any intellectual property or privacy right.
- Disclaimer. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE AND OWN RISK. WE MAKE NO WARRANTY OR REPRESENTATION ABOUT THE INFORMATION CONTAINED ON THE SITE OR ABOUT THE RESULTS FROM YOUR USE OF THE SITE. THE INFORMATION ON THE SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING IT.
THE SITE IS NOT RESPONSIBLE FOR ANY LOSSES OR ISSUES ARISING FROM ACTIONS OF THIRD PARTIES, EVEN IF YOUR ACCESS TO SUCH THIRD PARTIES WAS FACILITATED BY THE SITE. THE SITE DOES NOT ACTIVELY OVERSEE YOUR USE OF THE SITE OR USER CONTENT. WE DO NOT WARRANT THE APPROPRIATE OR PROPER USE OF THE SITE FOR YOUR SPECIFIC PURPOSES, AND WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.WE MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR BE AVAILIBLE UNINTERRUPTED, SECURE, OR ERROR FREE. WE MAKE NO WARRANTY REGARDING THE QUALITY TO ANY PRODUCTS, SERVICES, OR INFORMATION OBTAINED OR LINKED TO OR THROUGH THE SITE, OR THE ACCURACY, TRUTHFULLNESS, COMPLETENESS, OR RELIABILITY OF ANY SITE CONTENT OR THIRD PARTY WEB LINKS, INCLUDING THAT OF ANY OF OUR AFFILIATES OR PARTNERS.
- Limitation of Liability. YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL THE SITE, SKUNK BAGS OR ITS AFFILIATES, PARTNERS, SUBSIDIARIES, OWNERS, MANAGERS, OFFICERS, MEMBERS, EMPLOYEES, BOARD OF DIRECTORS, SHAREHOLDERS, AGENTS, AND/OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LOSS OF GOOD WILL, LITIGATION, OR THE LIKE), CRIMINAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR USE OF THE SITE, USER CONTENT OR SITE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SKUNK BAGS IS TO CEASE ALL OF YOUR USE OF THE SITE. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE REMAINS WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.THE LIMTIATIONS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS AND THE BASIS OF THE BARGAIN BETWEEN YOU AND SKUNK BAGS. IN NO EVENT WILL SKUNK BAG’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE SITE OR SITE CONTENT EXCEED ONE U.S. DOLLARS ($1). CERTAIN LIMITATIONS ABOVE MAY NOT APPLY TO YOU IN JURISDICTIONS THAT DO NOT ALLOW FOR EXCLUSIONS OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
- Applicable Law. The Site is controlled and operated from the United States of America. We make no representation that its use is appropriate or available in other countries. You agree that the laws of the state of California, without regard to conflicts of law provisions will govern this Agreement and any dispute that may arise between you and Skunk Bags, or its owners or affiliates. All claims arising out of or relating to this Agreement and the Site shall be commenced in the state or federal courts located in Los Angeles County, California. You consent to, and waive any objection to personal jurisdiction in such courts.
- Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
- Waiver. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by us must be in writing and signed by an authorized representative of Skunk Bags.
- Termination and Account Deletion Requests. We may terminate this Agreement at any time, with or without notice, for any reason. We may also, at our sole discretion, modify, discontinue, or terminate the Platform at any time with or without notice or warning to you.
- Relationship of the Parties. Nothing contained in this Agreement or through your use of the Site in any way, shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume, or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independently responsible for its own actions.
- Notices. Any notices or other communications required hereunder, will be in writing and delivered by Skunk Bags via: (a) email, at the address provided by each User; or (ii) a posting on the Site.
- Assignment. Whether by operation of law or otherwise, any attempt to transfer of assign this Agreement without Skunk Bag’s prior written consent shall be in violation of the Agreement and null and void. Subject to the foregoing, the Agreement shall bind and inure to the benefit of the parties, their successors, and assigns.
We may revise this Agreement at any time. You should visit the Site frequently and review the most current Terms & Conditions to confirm you are in agreement. Your continued use of the Site after any changes have been made to the Terms & Conditions signifies and confirms your acceptance of the new terms.
Thank you for visiting.