PLEASE READ THE FOLLOWING SITE TERMS CAREFULLY. ANY PURCHASES OFF OF OUR WEBSITE WILL CONSTITUTE ACCEPTANCE OF THESE TERMS.
NOTE: No copyrighted material, nudity, violence, drugs, or otherwise explicit content will be accepted for print.
These terms (“Terms”) apply to all uses you (“You”) may make of this website (the “Site”) including, but not limited to any: use of the Site’s product customization and ordering service (“Service”) and skin products (“Skins” or “Products”).
1. YOUR SUBMISSIONS TO THE SITE:
1.1 Under these Terms, You may NOT place any of the following material or obtain any such material using the Service (a “Submission”):
* *Any threatening, obscene, pornographic or profane material or any other material that could give rise to any civil or criminal liability under applicable law.
* *Any material that could infringe rights of privacy, publicity or copyrights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material.
* *Any material sent from an anonymous or false address.
1.2 While Epic Board Skins Ltd. (“Seller”) is not responsible for the content of the Submissions, Seller reserves the right to delete, move or edit submissions that it, in its sole discretion, deems abusive, defamatory, obscene or in violation of copyright or trademark laws or otherwise unacceptable. Seller may request confirmation of the copyright or trademark ownership from You. Seller reserves the right to suspend the shipping of any Skin order before such confirmation is received. If Seller does not receive any such confirmation or if there are continued claims of copyright or trademark infringement, Seller reserves the right to share certain account information with governmental organizations or other third parties. If You dispute any copyright or trademark infringement claims, Seller will share with You the contact information of any party claiming any such infringement. In the event of any such dispute, Seller reserves the right to suspend production and shipment of the Skin until such dispute has been resolved. In addition, You warrant that all moral rights in any uploaded materials have been waived. Your physical or electronic sharing of Your images constitutes permission for reprinting by Seller. Seller will not be liable for the content of any Submission.
1.3 Copyright Notice. Seller is committed to protecting photographers’ copyrights. You are required by Canadian/US law to own the right to or to obtain permission to use any image before the image is uploaded or becomes a Submission to Seller. If You believe that Your work has been copied in a way that infringes Your copyrights, please contact Seller at the following address and provide all relevant details.
CUSTOMER SERVICE: ATTN: Epic Board Skins Ltd. 4-1040 9th Ave. Campbell River BC Canada Customer Service – 1-855-374-2262 ext2
1.4 Unauthorized Use of Copyright Materials. If You knowingly or unknowingly include copyrighted material in a Submission, and if Seller representatives discover that, the following will occur:
* * All processing of Your order shall cease.
* * Seller will notify You of the unauthorized Submission.
* * Seller will not refund Your funds for that Submission, but, instead, shall send You a Pin Card which will allow You to choose one Skin of similar size, with any branded or unbranded content from Seller’s current selection
2. CUSTOMER SUPPORT AND AGE REQUIREMENTS:
You must be at least 13 years of age to use the Site. If You, Your parent or guardian, have any concerns please feel free to contact Seller at customer support – 1-855-374-2262 ext2
3. COPYRIGHTED MATERIAL, SOFTWARE AND INTELLECTUAL PROPERTY RIGHTS:
All of the information, content, software and materials Seller offers at the Site are protected by copyright and other pertaining laws. You may not copy or distribute such material without the copyright owner’s prior written consent. You may use these materials for personal, non-commercial use only, so long as you do not modify the materials or remove any copyright or other proprietary rights notices contained in the materials. The Marks and other brand names in this Site are the worldwide trademarks or registered trademarks of Epic Board Skins Ltd. or are being used with the rights secured by Epic Board Skins Ltd., hereunder. Trademarks of other parties are identified wherever possible and Seller acknowledges their rights.
You agree to indemnify, defend and hold harmless Seller, its affiliates and subcontractors, and all their officers, directors, employees, agents, licensors, suppliers and any third parties providing information relating to the Products or Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to Your account (including negligent or wrongful conduct) by You or any other person purchasing Products or accessing the Service using Your account.
Any action under these Terms must be brought, if at all, within one year from the accrual of the cause of action. You and Seller agree that any claims under these Terms shall be subject to the laws of the Province of British Columbia, and hereby consent to jurisdiction and venue in the courts of Victoria British Columbia, Canada.
You are responsible for compliance with all local laws, and You are required to comply with Canadian/US export laws and regulations when You use or export any software or materials provided through the Service.
8. DISCLAIMER OF WARRANTIES FOR SKINS:
THE SKINS AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SELLER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SELLER MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE SITE OR SELLER’S SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SELLER MAKES NO WARRANTY REGARDING ANY SOFTWARE, SKINS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY OF ANY SOFTWARE, SKINS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH THE SITE OR ADVERTISED THROUGH THE SITE.
9. LIMITATION OF LIABILITY:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR THE INABILITY TO USE THE SITE OR SERVICES, FROM ANY CHANGES TO THE SITE OR SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. EPICBOARDSKINS.COM PRICING:
With respect to items sold by Epic Board Skins Ltd., we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
11.1 Seller may assign its rights and responsibilities under these Terms without notice to You. All items purchased through Seller are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to You on our delivery to our carrier (ie, F.O.B. Seller’s facility).
11.2 If any part of these Terms is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.
11.3 These Terms constitute the entire agreement between You and Seller with respect to the Site, Products and Service, and supersede all other communications, written or oral, with regard to that subject matter.
NOTICE FOR COPYRIGHT INFRINGEMENT
We do not permit copyright or trademark infringing activities on this Web site. We may remove any licensed or un-licensed content of any kind on this Web Site (“User Communications”), e.g., if properly informed by a claimant Licensor that their intellectual property might be infringed by another’s copyright or trademark rights. We may terminate the ability to submit Licensed Content if, under appropriate circumstances, a person submitting Licensed Content to this Web Site is determined to be a repeat infringer.
If you are a copyright or trademark owner or an agent for such owner and believe that any Licensed Content on this Web site by third parties infringes upon your copyrights or trademarks, you may notify us by providing the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
- Identification of the location where the original or an authorized copy of the copyrighted work exists;
- Identification of the Licensed Content or material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit Epic Board Skins Ltd. to locate the same;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
- A statement that you have a good faith belief that use of Licensed Content or material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.