| |
|
Custom Tekskins Terms and Conditions
Terms of Use
TekSkin reserves the right to change these Terms from time to time. Please refer to this site periodically for any changes.
Your submissions
Under these Terms, you may NOT place any of the following material or obtain any such material using the Service:
- Any threatening, obscene, pornographic or profane material or any other material that could give rise to any civil or criminal liability under applicable law. TekSkin recommends you use an .adult-content warning label when pictures are being shared that include legal adult content;
- 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.
While Tekskin is not responsible for the content of the submissions, Tekskin 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. Tekskin may request confirmation of the copyright or trademark ownership from the submitter. Tekskin reserves the right to suspend the shipping of an order before such confirmation is received. If Tekskin does not receive any such confirmation or if there are continued claims of copyright or trademark infringement, Tekskin reserves the right to share certain account information with governmental organizations or other third parties. If you dispute any copyright or trademark infringement claims, we will share with you the contact information of any party claiming any such infringement. In the event of any such dispute, Tekskin reserves the right to suspend production and shipment of the Skin 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 the recipient.
Any images that you submit to us are subject to our approval. Should it not meet our criteria you will be provided with a credit to purchase any product in the Tekskin.com.au shop or retry uploading another image through the custom upload section.
Tekskin will not be liable for the content of any submission.
Copyright notice
Tekskin is committed to protecting photographers copyrights. Each image submitter is required by Australian law to own the right to or to obtain permission to use any image before the image is uploaded or printed at Tekskin. If you believe that your work has been copied in a way that infringes your copyrights, please contact us at the following address and provide all relevant details.
Customer Service
ATTN: Licensing
Tekskin
Level 1 / 58 Camberwell Rd
East Hawthorn VIC Australia 3123
Email: licensing@Tekskin.com.au
Unauthorized Use of Copyright Materials
Should Customer knowingly or unknowingly submit copyrighted material to the Tekskin Photo Uploader, and if Tekskin representatives shall discover the submission, the following will occur:
- All processing of customer.s order shall cease;
- Tekskin will notify customer of the unauthorized submission;
- Tekskin will not refund customer the funds submitted, but instead shall send customer a Pincard which will allow Customer to choose one Skin of similar size, with any branded or unbranded content from Tekskin.s current selection.
Customer support and Age requirements
You must be at least 13 years of age to use our Service. If you, your parent or guardian, have any concerns please feel free to contact us at customer support
support@Tekskin.com.au
Copyrighted material and software
All of the information, content, software and materials we offer 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.
U.S. Government Restricted Rights
All materials, information, software and other products supplied by or through the Service are provided with .RESTRICTED RIGHTS.. use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in FAR52.22724 and DFAR252.227-7013 et seq. or its successor. Use of any of such by the Government constitutes acknowledgment of our or our suppliers. proprietary rights in them. In the event that the License, or any part thereof, is deemed inconsistent with the minimum rights identified in the Restricted Right provisions, the minimum rights shall prevail.
Indemnification
You agree to indemnify, defend and hold harmless us, our officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the 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 accessing the Service using your account.
Claims
Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action. The parties agree that any claims hereunder shall be subject to the state and federal laws of the state of California, and hereby consent to jurisdiction and venue in the courts of the Southern District of California located in San Diego, California.
Export
You are responsible for compliance with all local laws, and you are required to comply with U.S. export laws and regulations when you use or export any software or materials provided through the Service.
Disclaimer of warranties
THE CONTENT AND/OR MATERIALS AVAILABLE THROUGH TEKSKIN.S 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, Tekskin 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. TEKSKIN MAKES NO WARRANTY THAT ITS SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THIS SITE OR OUR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TEKSKIN MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH TEKSKIN.S SITE OR ADVERTISED THROUGH TEKSKIN.S SITE.
Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL TEKSKIN BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF TEKSKIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE TEKSKIN.S SITE OR SERVICES, FROM ANY CHANGES TO THIS SITE OR ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. 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.
Miscellaneous
We may assign our rights and responsibilities hereunder without notice to you.
All items purchased through Tekskin are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to our carrier.
If any part of this Agreement 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.
These Terms constitute the entire agreement between you and us with respect to this Service, and supersede all other communications, written or oral, with regard to the Service. |
|
