SKINS TERMS OF USE<\/p>\n
Last revision: 04 December 2023<\/p>\n
PLEASE READ THESE TERMS OF USE (“Terms”) CAREFULLY BEFORE UTILISING THE SKINS WEBSITE, <\/b>www.skinscompression.com<\/b><\/a> (“Website”) AND SKINS WEBSTORE (“Webstore”).<\/b><\/p>\n Additional terms may apply to you in your particular country and are viewable at the bottom of these Terms. These additional terms override the Terms below to the extent of any inconsistency.<\/b><\/p>\n Welcome to the SKINS!\u00a0 You are reading these Terms because you are using a SKINS Website and Webstore, both of which are part of SKINS’s Platform (“Platform”).\u00a0 You may access the Platform through a computer, mobile phone, tablet, console, or other technology, which we refer to here as a “Device”.<\/p>\n These Terms create a legally binding agreement between you and SKINS and its affiliates (which we may refer to as “SKINS,” “we,” “us,” or “our”) regarding your use of the Platform<\/b>.\u00a0The relevant SKINS entity responsible for providing the Platform to you are:<\/p>\n For the Global Website, the entity is:<\/p>\n SYM ITO Sales & Distribution Company Limited at 10th Floor, Island Place Tower, 510 King’s Road, North Point, Hong Kong<\/p>\n For Australia, the entity is:<\/p>\nState Glory (AUS) Trading Pty Ltd, c\/- Mazars, Matthew Beasley For the United Kingdom, the entity is:<\/p>\n State Glory (UK) Trading Limited, 21-27 Lambs Conduit Street London WC1N 3GS (#Griffin Stone Moscrop & Co), United Kingdom<\/p>\n For New Zealand, the entity is:<\/p>\n Brandex Adventure Sports Limited at 204 Cumnor Terrace, Woolston, Christchurch, New Zealand<\/p>\n For the US, Canada and Mexico, the entity is:<\/p>\n Team Play North America, LLC at 9119 LAFAYETTE RD.\u00a0 INDIANAPOLIS, IN 46278<\/p>\n A few important points:<\/p>\n <\/p>\n <\/p>\n <\/p>\n 1.\u00a0GROUND RULES<\/b><\/p>\n Eligibility.<\/b>\u00a0 You are only eligible to use the Platform if you are of legal age in your country or if you have consent from your parent or guardian.<\/p>\n Rules for Registration.<\/b>\u00a0 When you register for an account with us, the following rules apply:<\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n 2.\u00a0 OWNERSHIP OF CONTENT<\/b><\/p>\n Except for User Content (defined below), all of the content on our Platform – including text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork and other content (“Content”) – is owned by SKINS or others we license Content from, and is protected by copyright, trademark, patent and other laws. SKINS reserves all rights not expressly described in these Terms.<\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n 3.\u00a0\u00a0POSTING CONTENT ON THE PLATFORM<\/b><\/p>\n User Content License.<\/b>\u00a0Some parts of the Platform may allow you to post photos, videos, comments, and other content, which we refer to as “User Content.”\u00a0 SKINS is not responsible for User Content others post to the Platform. User Content is owned by you or whoever created it, but when you post User Content you license it to SKINS as described below:<\/p>\n <\/p>\n <\/p>\n LICENSE TO USE COMMENTS, FEEDBACK AND IDEAS<\/b>.\u00a0 You understand that any comments, feedback, or ideas you send us are provided on a non-confidential basis and you grant to SKINS a perpetual, worldwide license to use all comments, feedback and ideas you may share with us, without notice, compensation or acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.<\/p>\n 4. USER CODE OF CONDUCT<\/b><\/p>\n If you post material to the Platform or social media using our SKINS brand, here are a few basic rules:<\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/li>\n<\/ul>\n<\/li>\n<\/ul>\n <\/p>\n <\/li>\n<\/ul>\n<\/li>\n<\/ul>\n <\/p>\n 5.\u00a0\u00a0COPYRIGHT INFRINGEMENT<\/b><\/p>\n Please consult your legal advisor before filing a notice with us because there may be penalties for false claims.\u00a0 SKINS may terminate the accounts of Platform users found to infringe third party copyrights.<\/p>\n If you believe that your work has been improperly copied to the Platform, such that it constitutes infringement, please provide us with the following information:<\/p>\n (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his\/her behalf;<\/p>\n (2) a description of the copyrighted work that you claim has been infringed;<\/p>\n (3) a description of where on the Platform the content that you claim is infringing is located;<\/p>\n (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and<\/p>\n (5) a statement by you, made under penalty of perjury (depending on applicable law), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.<\/p>\n Send copyright infringement complaints to:<\/p>\n customerservice@skinscompressionusa.com<\/a><\/p>\n 6. PARTNERS ON THE PLATFORM<\/b><\/p>\n From time to time, SKINS may link to or partner with third-party websites, social media platforms, mobile apps, and other products and services (“Third Parties”).\u00a0 You may be able to connect with these Third Parties through the Platform, but this does not mean SKINS endorses, monitors or has any control over these Third Parties or their activities, which are subject to separate terms of use and privacy policies.\u00a0\u00a0<\/b>You should carefully review any Third Party’s sites and terms of use and privacy policy.\u00a0SKINS is not responsible for the content, policies, or activities of Third Parties and you interact with Third Parties at your own risk.<\/b><\/p>\n 7. IMPORTANT DISCLAIMERS<\/b><\/p>\n PHYSICAL ACTIVITY.<\/b> The Platform may include features that promote physical activity, nutrition or general wellness.\u00a0 They are for your informational purposes only and are not intended as medical advice or services, or for diagnostic or treatment purposes.\u00a0\u00a0<\/b><\/p>\n <\/p>\n <\/p>\n <\/li>\n<\/ul>\n<\/li>\n<\/ul>\n <\/p>\n WARRANTY DISCLAIMER<\/b><\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n 8. TERMINATION<\/b><\/p>\n SKINS may terminate or modify any SKINS Platform, member program, product or service at any time without notice.<\/p>\n SKINS may terminate or suspend your account, delete your profile or any of your User Content, and restrict your use of all or any part of the Platform at any time and for any reason, without any liability to SKINS, subject to applicable law.<\/p>\n <\/p>\n <\/p>\n 9. INDEMNIFICATION \/ LIMITATION OF LIABILITY<\/b><\/p>\n We want you to enjoy our Platform, but SKINS must also protect itself from any damages you may cause.<\/p>\n You agree to indemnify, defend, and hold harmless SKINS, its affiliates, distributors, officers, directors, employees, agents, licensors and suppliers (the “SKINS Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your User Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms of Use, any law or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the SKINS Parties from any and all claims or causes of action you may have for damages relating in any way to your use of the Platform.<\/p>\n LIMITATION OF LIABILITY<\/b><\/p>\n NONE OF THE SKINS PARTIES WILL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE), OR ATTENDANCE AT A SKINS EVENT OR SKINS PARTNER EVENTS, OR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION WITH THE USE OF THE PLATFORM, EVEN IF SKINS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. \u00a0YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST SKINS IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. IF SKINS IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM OR ANY CONTENT, SKINS’S LIABILITY SHALL NOT EXCEED US$100.00 OR THE EQUIVALENT AMOUNT IN THE RELEVANT LOCAL JURISDICTION.<\/p>\n 10. DISPUTES \/ ADDITIONAL TERMS<\/b><\/p>\n Choice of Law\/Jurisdiction<\/b><\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n Electronic Communications<\/b><\/p>\n <\/p>\n <\/p>\n Right to Assign, No Waivers, Severability<\/b><\/p>\n <\/p>\n <\/p>\n <\/p>\n Thanks for reading.<\/p>\n COUNTRY SPECIFIC TERMS\u00a0\u00a0<\/b><\/p>\n If you live in one of the following countries these additional terms apply and override any inconsistent terms in the Terms of Use.<\/p>\n AUSTRALIA<\/b><\/p>\n Section 7 (IMPORTANT DISCLAIMERS)<\/b>: this section is modified as follows:<\/p>\n The sub-section titled “WARRANTY DISCALIMER” is modified by adding the following:<\/p>\n “However, the Platform, Content, and the materials and products on this Platform come with certain guarantees that cannot be excluded for the benefit of Australian customers under Australian consumer law (“ACL”), including guarantees as to the acceptable quality and fitness of purpose of products.\u00a0 Nothing in these Terms will be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by the ACL and which by law cannot be excluded, restricted or modified, even if any other term of these Terms would otherwise suggest that this might be the case.”<\/p>\n AUSTRIA<\/b><\/p>\n Section 11 (DISPUTES\/ADDITIONAL TERMS)<\/b>: this section is replaced with the version for European Countries below, \u00a0except the following is added at the end:<\/p>\n “All claims shall be brought within three (3) years after the claim arises.”<\/p>\n CANADA<\/b><\/p>\n Introductory Paragraph:<\/b><\/p>\n The section titled “Our Terms May Change” is qualified by the following:<\/p>\n “(a) SKINS must send to you, at least 30 days before the amendment comes into force, a written notice drawn up clearly and legibly, setting out the new clause and the date of the coming into force of the amendment; and<\/p>\n (b) you may refuse the amendment and rescind or, in the case of a contract involving sequential performance, cancel the contract without cost, penalty or cancellation indemnity by sending SKINS a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in your obligations or a reduction in SKINS’s obligations.”<\/p>\n MULTIPLE SECTIONS:\u00a0<\/b>The terms set forth in the sections titled “Physical Activity”, “Warranty Disclaimer”, “Indemnification\/Limitation of Liability”, and “Limitation of Liability” are qualified by the following:<\/p>\n “Consumer protection laws in some jurisdictions, including Quebec, do not allow for the limitations and exclusions of warranties on purchased products. If these laws apply to you, the exclusions or limitations in the following sections may not apply: Physical Activity, Warranty Disclaimer, Indemnification\/Limitation of Liability, and Limitation of Liability<\/b>.”<\/p>\n SECTION 11 (DISPUTES\/ADDITIONAL TERMS):<\/b>\u00a0this section is modified as follows:<\/p>\n The sub-section titled “CHOICE OF LAW\/JURISDICTION” is modified by adding the following at the beginning of the section:<\/p>\n “Consumer protection laws in some jurisdictions, such as Quebec, might require that your agreement be governed by the laws of your jurisdiction and heard by competent courts in your jurisdiction. In addition, such laws may not allow you to waive your right to be part of a class action or to limit your time limitation to commence legal proceedings. If these laws apply to you, the following limitations may not be applicable.”<\/b><\/p>\n EUROPEAN COUNTRIES<\/b><\/p>\n The following revisions apply to all European countries, except Austria, France, Germany, Italy, Poland and Switzerland, which have other specific revisions to these terms applicable to European Countries.<\/b><\/p>\n Section 11 (DISPUTES\/ADDITIONAL TERMS)<\/b>: this section is modified as follows:<\/p>\n The sub-section titled “CHOICE OF LAW\/JURISDICTION” is deleted in its entirety and replaced with the following (except the last bullet point regarding bringing claims, which remains unchanged):<\/p>\n “Choice of Law\/Jurisdiction<\/b><\/p>\n <\/p>\n <\/p>\n FRANCE<\/b><\/p>\n Section 5 (COPYRIGHT INFRINGEMENT):<\/b>\u00a0the second paragraph in this section is deleted in its entirety and replaced with the following:<\/p>\n “If you believe that your work has been improperly copied to the Platform, such that it constitutes infringement, please provide us with the following information:<\/p>\n (1) date of the notification;<\/p>\n (2) if the claimant is a natural person: name, surname, profession, address, nationality, place and date of birth;<\/p>\n (3) if the claimant is a legal person: name, form, registered office and the entity representing it for legal purposes;<\/p>\n (4) name and address of the recipient, or if a legal person, its name and registered office;<\/p>\n (5) a description of the facts at issue and the precise location;<\/p>\n (6) the grounds on which the content should be withdrawn, including relevant legal provisions and justification of facts; and<\/p>\n (7) a copy of the correspondence sent to the author or editor of the litigious information or activity requesting their interruption, withdrawal or modification or an explanation that the author or editor could not be contact.”<\/p>\n Section 9 (INDEMNIFICATION\/LIABILITY):<\/b>\u00a0this section is modified as follows:<\/p>\n The sub-section titled “Indemnification and Release” is deleted in its entirety and replaced with the following:<\/p>\n “Indemnification. <\/b>You agree to indemnify, defend, and hold harmless SKINS Inc., its affiliates, officers, directors, employees, agents, licensors and suppliers (the “SKINS Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your User Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms of Use, any law or the rights of any third party.”<\/p>\n The sub-section titled “LIMITATION OF LIABILITY” is deleted in its entirety.<\/p>\n Section 11 (DISPUTES\/ADDITIONAL TERMS):<\/b>\u00a0the sub-section titled “CHOICE OF LAW\/JURISDICTION” is deleted in its entirety and replaced with the following:<\/p>\n \u00a0“Choice of Law\/Jurisdiction<\/b><\/p>\n Nothing in this paragraph shall deprive you of the protection afforded to consumers by the mandatory rules of law of the country in which you live.<\/p>\n <\/p>\n <\/p>\n <\/p>\n GERMANY<\/b><\/p>\n Section 7 (IMPORTANT DISCLAIMERS):<\/b>\u00a0this section is modified as follows:<\/p>\n The third bullet point in the summary box is deleted in its entirety and replaced with the following:<\/p>\n “SKINS is not responsible for any damage (except liability for SKINS’s willful and gross negligent acts and SKINS’s personal injuries) caused by your interactions with other users.\u00a0 Please be responsible and take precautions when interacting with people you don’t know.”<\/p>\n The last bullet point paragraph under the sub-section titled “PHYSICAL ACTIVITY” is deleted in its entirety and replaced with the following:<\/p>\n “To the maximum extent allowed by applicable law, SKINS is not responsible or liable for any damages (except liability for SKINS’s willful and gross negligent acts and SKINS’s personal injuries) you may sustain that result from your use of, or inability to use, the Platform.”<\/p>\n The sub- section titled “WARRANTY DISCLAIMER”, including all of the bullet points therein, is deleted in its entirety.<\/p>\n Section 9 (INDEMNIFICATION\/LIMITATION OF LIABILITY):<\/b>\u00a0this section is modified as follows:<\/p>\n The sub-section titled “INDEMNIFICATION AND RELEASE” is deleted in its entirety.<\/p>\n The sub-section titled “LIMITATION OF LIABILITY” is deleted in its entirety and replaced with the following:<\/p>\n “LIMITATION OF LIABILITY.<\/b>\u00a0Any liability of SKINS and its affiliates, and their officers, directors, shareholders, employees and agents (the “Released Parties”) is limited to cases of intent or gross negligence. In cases of slight negligence the Released Parties are only liable if an essential contractual duty, whose violation endangers the purpose of the contract or whose performance is required to achieve this purpose and in whose performance the consumer trusts (so called “cardinal duties”) has been violated. In this case, the liability is limited to damages that are typical and foreseeable. This limitation of liability does not apply to claims under product liability law and in the case of bodily harm or death.”<\/p>\n Section 11 (DISPUTES\/ADDITIONAL TERMS):<\/b>\u00a0this section is replaced with the version for European Countries above, except the following is added at the end:<\/p>\n “All claims shall be brought within two (2) years after the claim arises.”<\/p>\n ITALY<\/b><\/p>\n Section 7 (IMPORTANT DISCLAIMERS):<\/b>\u00a0this section is modified as follows:<\/p>\n The last bullet point paragraph under the sub-section titled “PHYSICAL ACTIVITY” is deleted in its entirety and replaced with the following:<\/p>\n “To the maximum extent allowed by applicable law, SKINS is not responsible or liable for any damages you may sustain that result from your use of, or inability to use, the features on the Platform, except in the event of fraud or gross negligence by SKINS.”<\/p>\n Section 11 (DISPUTES\/ADDITIONAL TERMS):<\/b>\u00a0the sub-section titled “CHOICE OF LAW\/JURISDICTION” is deleted in its entirety and replaced with the following (except the last bullet point regarding bringing claims, which remains unchanged):<\/p>\n “Choice of Law\/Jurisdiction<\/b><\/p>\n <\/p>\n <\/p>\n SWITZERLAND<\/b><\/p>\n Section 11 (DISPUTES\/ADDITIONAL TERMS):<\/b>\u00a0the sub- section titled “CHOICE OF LAW\/JURISDICTION” is deleted in its entirety and replaced with the following (except the last bullet point regarding bringing claims, which remains unchanged):<\/p>\n “CHOICE OF LAW\/JURISDICTION<\/b><\/p>\n <\/p>\n <\/p>\n JAPAN<\/b><\/p>\n Section 9 (INDEMNIFICATION\/LIMITATION OF LIABILITY):<\/b>\u00a0this section is modified as follows:<\/p>\n The sub-section titled “LIMITATION OF LIABILITY” is deleted in its entirety and replaced with the following:<\/p>\n LIMITATION OF LIABILITY.<\/b>\u00a0 NONE OF THE SKINS PARTIES WILL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE), OR ATTENDANCE AT A SKINS EVENT OR SKINS PARTNER EVENTS, OR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION WITH THE USE OF THE PLATFORM, EVEN IF SKINS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.\u00a0 YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST SKINS IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. IF SKINS IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM OR ANY CONTENT, SKINS’S LIABILITY SHALL NOT EXCEED US$100.00 OR SUCH EQUIVALENT AMOUNT IN THE CURRENCY OF THE LOCAL JURISDICTION.<\/p>\n Section 11 (DISPUTES\/ADDITIONAL TERMS)<\/b>: this section is modified as follows:<\/p>\n The sub-section titled “CHOICE OF LAW\/JURISDICTION” is deleted in its entirety and replaced with the following:<\/p>\n “Choice of Law\/Jurisdiction<\/b><\/p>\n
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