Terms of service

The website https://www.skullcandy.com/ or https://www.skullcandy.ca/ ("Website") is owned and operated by Skullcandy, Inc., 6301 North Landmark Drive, Park City, Utah 84098, USA ("Skullcandy", "we" or "us"). These Terms of Use set out the terms between you and Skullcandy under which you may access our Website. These Terms of Use apply to all users of, and visitors to, our Website. Use of our Website includes accessing, browsing, or registering to use our Website. We may revise these Terms of Use at any time by amending this page without notice. We recommend to check this page from time to time to take notice of any changes we made, as they are binding on you.

USE OF SITE

Skullcandy is the owner or the licensee of all intellectual property rights pertaining to the Website, and the materials published on it. Subject to these Terms of Use, Skullcandy hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Website by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Website and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Skullcandy in advance. Any resale of any goods purchased or otherwise obtained via the Website is a violation of this license and hereby prohibited. This includes advertising or resale on third-party sites like eBay, Amazon and buy.com. Any breach of these Terms of Use shall result in the immediate revocation of the license granted in this paragraph without notice to you. Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Website or any portion of it unless expressly permitted by Skullcandy in writing. You may not make any commercial use of any of the information provided on the Website or make any use of the Website for the benefit of another business unless explicitly permitted by Skullcandy in advance. Skullcandy reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if Skullcandy believes that customer conduct violates applicable law or is harmful to Skullcandy’s interests. You shall not upload to, distribute, or otherwise publish through this Website any content, information, or other material that (a) violates or infringes the intellectual property rights, copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under applicable law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.

NO RELIANCE ON INFORMATION

Content, including but not limited to product descriptions, blog posts, and user reviews, provided on this Website is solely provided for informational purposes. It is your sole responsibility to obtain (health) professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website. Submissions or opinions expressed on this Website are that of the individual expressing such submission or opinion and may not reflect the opinions of Skullcandy. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

YOUR ACCOUNT AND PASSWORD

Skullcandy may assign you a password and account identification to enable you to access and use certain portions of this Website. Each time you use a password or identification, you will be deemed to be authorized to access and use the Website in a manner consistent with these Terms of Use, and Skullcandy has no obligation to investigate the authorization or source of any such access or use of the Website. Use of a password, coupon code or other access to private information by anyone other than intended recipient is expressly prohibited. This includes sharing, forwarding or otherwise distributing this information in a public venue. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS WEBSITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS WEBSITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Skullcandy of any unauthorized use of your password or identification or any other breach or threatened breach of this Website's security.

REVIEWS AND COMMENTS

Except as otherwise provided elsewhere in these Terms of Use or on the Website, anything that you submit or post to the Website and/or provide Skullcandy, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and non-proprietary. When you upload or post Submissions to our Website, you agree that all Submissions shall automatically become the sole and exclusive property of Skullcandy and shall not be returned to you. By uploading or posting Submissions, you grant to Skullcandy a royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. In addition to the rights applicable to any Submission, when you post comments or reviews to the Website, you also grant Skullcandy the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights pertaining to the Submissions, reviews, comments and other content that you post on this Website and that use of your Submissions, reviews, comments, or other content by Skullcandy will not infringe upon or violate the rights of any third party. You shall be liable to us and shall indemnify us from and against all actions, claims, demands, liabilities, damages, losses, costs, charges and expenses (including, without limitation, consequential losses, loss of profit and loss of reputation and all interest, penalties and legal and other professional costs and expenses) that we may suffer or incur in connection with, or arising (directly or indirectly) from, any breach in this respect. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead Skullcandy or third parties as to the origin of any Submissions or content. Skullcandy may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.

DISCLAIMER OF WARRANTIES

EXCEPT FOR THE GENERAL WARRANTY, ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT SHALL SKULLCANDY, INC. OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE WEB SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE, EVEN IF SKULLCANDY, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THRID PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS. INDEMNIFICATION UPON A REQUEST BY US, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US AND OUR AFFILIATES EMPLOYEES, OFFICERS, AND DIRECTORS HARMLESS FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING ATTORNEY'S FEES, THAT ARISE FROM YOUR USE OR MISUSE OF THIS SITE, WHETHER IN CONTRACT, TORT OR STATUTE. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

PARTICIPATION IN PROMOTIONS

From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion, and we do not sponsor, endorse or guarantee third party, their products or services.

Please review our Privacy Policy, which also governs your visit to and use of this Website, to understand our practices regarding any personal data we might collect from you and the cookies we use at the Website and why we use them. Our Privacy Policy is available www.skullcandy.com/privacy-policy. RISK OF LOSS All items purchased from the Website 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 the carrier.

TERMINATION AND EFFECT OF TERMINATION

In addition to any other legal or equitable remedies, Skullcandy may, without prior notice to you, immediately terminate all of your rights granted under these Terms of Use. Upon any termination, you shall immediately cease all access to and use of the Website and Skullcandy shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Website in whole or in part. Any termination shall not affect the respective rights and obligations (including without limitation, payment obligations) that may have arisen before the date of termination.

INTERNATIONAL ACCESS

This Website may be accessed from countries other than the United States. This Website may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Website outside the United States you are responsible for complying with your local laws and regulations.

APPLICABLE LAW

These Terms of Use, its subject matter and any disputes or claims arising from the use of this Website shall only be evaluated according to the law of the state of Utah. VOID WHERE PROHIBITED.

CONTACT US

If you have any questions about our Website, please contact us at dataprotection@skullcandy.com and/or 6301 North Landmark Drive, Park City, Utah 84098 USA.