LAST UDPDATED January 2023

 

​

 

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS (THE “TERMS”) GOVERN YOUR ACCESS OR USE OF THE THESKATESTUDIO.COM WEBSITE (THE “WEBSITE”), THE SKATE STUDIO, LLC SKATE INSTRUCTION CLASS, TUTORIALS ON THE WEBSITE AND SOCIAL MEDIA PAGES, AND ANY OTHER APPLICATIONS, WEBSITES, CONTENT, PRODUCTS, AND SERVICES (COLLECTIVELY, THE “SERVICE”) MADE AVAILABLE BY THE SKATE STUDIO, LLC , OR ITS REPRESENTATIVES, AFFILIATES, OFFICERS, OR DIRECTORS (COLLECTIVELY, “THE SKATE STUDIO, LLC,” “WE,” “US,” OR “OUR”). BY USING OR ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SERVICE OR USE THE SKATE STUDIO, LLC’S PRODUCTS OR SERVICES, AND, IF APPLICABLE, CANCEL YOUR REGISTERED USER ACCOUNT OR SUBSCRIPTION WITH US.

 

​

 

PLEASE READ: THESE TERMS CONTAIN A MANDATORY ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS BY REQUIRING ANY DISPUTE BETWEEN YOU AND THE SKATE STUDIO, LLC, SUBJECT TO LIMITED EXCEPTIONS, TO BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND REQUIRING YOU TO FORGO JURY TRIALS, CLASS OR COLLECTIVE ACTIONS OR PROCEEDINGS, AND ALL OTHER TYPES OF COURT PROCEEDINGS OF ANY KIND. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT FOLLOWING THE OPT-OUT PROCEDURES IN SECTION 2 BELOW, YOU WILL BE BOUND BY THIS ARBITRATION AGREEMENT. BY ENTERING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND EXPRESSLY AGREE TO THE MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.

 

​

 

BINDING ARBITRATION & CLASS ACTION WAIVER

 

​

 

MANDATORY BINDING ARBITRATION:

 

BY AGREEING TO THESE TERMS, YOU AGREE THAT ALL DISPUTES, CLAIMS, OR CAUSES OF ACTION ARISING FROM OR RELATED TO THE SERVICES OR THESE TERMS, OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF (COLLECTIVELY, “DISPUTES”), WILL BE RESOLVED THROUGH CONFIDENTIAL, BINDING ARBITRATION AND NOT IN A COURT OF LAW IN ANY JURISDICTION, AND NOT IN A CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED ACTION OR PROCEEDING, AS FURTHER SET FORTH BELOW.

 

YOU AND THE SKATE STUDIO, LLC  AGREE THAT THE FEDERAL ARBITRATION ACT (TITLE 9, U.S. CODE) (THE “ACT”) SHALL GOVERN ANY CONTROVERSY OR CLAIM RELATED TO THE SERVICE OR THE TERMS, INCLUDING THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, OR FORMATION OF THIS ARBITRATION AGREEMENT, NOTWITHSTANDING ANY CHOICE OF LAW OR OTHER PROVISION IN THESE TERMS. IT IS THE PARTIES’ INTENT THAT THE ACT AND THE RULES PROMULGATED BY JAMS MEDIATION, ARBITRATION AND ADR SERVICES (“JAMS”) SHALL PREEMPT ALL STATE LAWS TO THE FULLEST EXTENT PERMITTED BY LAW. YOU AND TNF FURTHER AGREE THAT THE ARBITRATOR (“ARBITRATOR”), AND NOT ANY FEDERAL, STATE, OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTES CONCERNING THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY OR FORMATION OF THIS ARBITRATION AGREEMENT. THE ARBITRATOR SHALL ALSO BE RESPONSIBLE FOR DETERMINING ALL THRESHOLD ARBITRABILITY ISSUES, INCLUDING ISSUES RELATING TO WHETHER THIS AGREEMENT, IN WHOLE OR IN PART, IS UNCONSCIONABLE OR ILLUSORY AND ANY DEFENSE TO ARBITRATION, INCLUDING WAIVER, DELAY, LACHES, OR ESTOPPEL.

 

 

 

CLASS ACTION WAIVER:

 

YOU ACKNOWLEDGE AND AGREE THAT YOU AND THE SKATE STUDIO, LLC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND THE SKATE STUDIO, LLC AGREE IN WRITING, ANY ARBITRATION WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. IF ANY COURT OR ARBITRATOR DETERMINES THAT THE CLASS ACTION WAIVER SET FORTH IN THIS PARAGRAPH IS VOID OR UNENFORCEABLE FOR ANY REASON OR THAT AN ARBITRATION CAN PROCEED ON A CLASS BASIS, THEN THE ENTIRETY OF THE ARBITRATION AGREEMENT SET FORTH IN THIS SECTION 1 SHALL BE DEEMED NULL AND VOID IN ITS ENTIRETY, AND THE PARTIES SHALL BE DEEMED TO HAVE NOT AGREED TO ARBITRATE DISPUTES ON A CLASS BASIS.

 

NOTWITHSTANDING THE PARTIES’ AGREEMENT TO RESOLVE ALL DISPUTES THROUGH ARBITRATION, YOU AND THE SKATE STUDIO, LLC EACH RETAIN THE RIGHT TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT AND THE RIGHT TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN A COURT OF COMPETENT JURISDICTION TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF A PARTY’S COPYRIGHT RIGHTS, TRADE SECRETS, PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS.

 

​

 

RULES & PROCEDURES:

 

ARBITRATION PROCEEDINGS WILL BE ADMINISTERED IN ACCORDANCE WITH THE ACT AND THE RULES PROMULGATED BY JAMS AND ANY SUPPLEMENTARY RULES THEN IN EFFECT (THE “JAMS RULES”), EXCEPT AS MODIFIED BY THESE TERMS. DISCOVERY IN SAID ARBITRATION SHALL BE LIMITED IN SCOPE TO THE SPECIFICS OF LIABILITY ON THE DISPUTE, AND ANY DISCOVERY RELATED TO DAMAGES CALCULATIONS OR ANY FINANCIALS SHALL BE WITHHELD UNTIL AFTER LIABILITY HAS BEEN DECIDED BY THE ARBITRATOR(S). IN THE EVENT OF ANY INCONSISTENCY BETWEEN THE JAMS RULES AND THIS PARAGRAPH, THE TERMS OF THIS PARAGRAPH SHALL CONTROL.

 

ARBITRATION MAY BE CONDUCTED IN PERSON, THROUGH THE SUBMISSION OF DOCUMENTS, BY PHONE, ONLINE, OR IN PERSON IN BROOKLYN, NEW YORK OR AT ANOTHER MUTUALLY AGREED LOCATION. ALL DISPUTES SHALL BE RESOLVED BY ONE ARBITRATOR; HOWEVER, FOR DISPUTES EXCEEDING $5,000,000, UPON YOUR OR THE SKATE STUDIO, LLC’ REQUEST, THE DISPUTE SHALL BE DECIDED BY THREE ARBITRATORS. PAYMENT OF ALL FILING, ADMINISTRATION, AND ARBITRATOR FEES WILL BE GOVERNED BY THE JAMS RULES. WE WILL REIMBURSE THOSE FEES FOR CLAIMS TOTALING LESS THAN $10,000, UNLESS THE ARBITRATOR FINDS YOUR DISPUTE FRIVOLOUS.

 

ALL ARBITRATION HEARINGS SHALL COMMENCE WITHIN NINETY (90) DAYS OF THE DEMAND FOR ARBITRATION AND CLOSE WITHIN NINETY (90) DAYS OF COMMENCEMENT AND THE AWARD OF THE ARBITRATOR(S) SHALL BE ISSUED WITHIN THIRTY (30) DAYS OF THE CLOSE OF THE HEARING. HOWEVER, THE ARBITRATOR(S), UPON A SHOWING OF GOOD CAUSE OR BY THE PARTIES’ AGREEMENT, MAY EXTEND THE COMMENCEMENT OF THE HEARING FOR UP TO AN ADDITIONAL SIXTY (60) DAYS. THE ARBITRATOR(S) SHALL PROVIDE A CONCISE WRITTEN STATEMENT OF REASONS FOR THE AWARD. THE ARBITRATION AWARD MAY BE SUBMITTED TO ANY COURT HAVING JURISDICTION TO BE CONFIRMED AND ENFORCED. THE ARBITRATOR(S) WILL HAVE THE AUTHORITY TO DECIDE WHETHER ANY DISPUTE IS BARRED BY THE STATUTE OF LIMITATIONS AND, IF SO, TO DISMISS THE ARBITRATION ON THAT BASIS. FOR PURPOSES OF THE APPLICATION OF THE STATUTE OF LIMITATIONS, THE SERVICE ON JAMS UNDER APPLICABLE JAMS RULES OF AN ARBITRATION DEMAND IS THE EQUIVALENT OF THE FILING OF A LAWSUIT. THE ARBITRATOR(S) SHALL HAVE THE POWER TO AWARD LEGAL FEES PURSUANT TO THE TERMS OF THIS AGREEMENT. THIS PARAGRAPH DOES NOT LIMIT THE RIGHT OF THE SKATE STUDIO, LLC’ TO: (I) EXERCISE SELF-HELP REMEDIES, SUCH AS, BUT NOT LIMITED TO, SETOFF; (II) INITIATE JUDICIAL OR NON-JUDICIAL FORECLOSURE AGAINST ANY REAL OR PERSONAL PROPERTY COLLATERAL; (III) EXERCISE ANY JUDICIAL OR POWER OF SALE RIGHTS, OR (IV) ACT IN A COURT OF LAW TO OBTAIN AN INTERIM REMEDY, SUCH AS, BUT NOT LIMITED TO, INJUNCTIVE RELIEF, WRIT OF POSSESSION OR APPOINTMENT OF A RECEIVER, OR ADDITIONAL OR SUPPLEMENTARY REMEDIES. EXCEPT AS PROVIDED IN THIS ARBITRATION AGREEMENT, THE PREVAILING PARTY IN ANY ACTION OR ARBITRATION RELATED TO THESE TERMS SHALL BE ENTITLED TO ITS REASONABLE ATTORNEY FEES AND COSTS.

 

​

 

CHANGES TO ARBITRATION AGREEMENT:

 

NOTWITHSTANDING THE PROVISIONS OF THIS SECTION 1, IF THE SKATE STUDIO, LLC CHANGES ANY OF THE TERMS OF THIS SECTION 1 AFTER THE DATE YOU FIRST ACCEPTED THESE TERMS (OR ACCEPTED ANY SUBSEQUENT CHANGES TO THESE TERMS), YOU MAY REJECT ANY SUCH CHANGE BY SENDING US A WRITTEN NOTICE OF SUCH REJECTION WITHIN 30 DAYS OF THE OF THE DATE SUCH CHANGE BECAME EFFECTIVE, AS INDICATED IN THE “LAST UPDATED” DATE ABOVE. THIS WRITTEN NOTICE MUST BE PROVIDED EITHER BY EMAIL AT SUPPORT@THESKATESTUDIO.COM. IN ORDER TO BE EFFECTIVE, THE NOTICE MUST INCLUDE YOUR FULL NAME, ADDRESS, AND SIGNATURE, AND CLEARLY INDICATE YOUR INTENT TO REJECT CHANGES TO THIS ARBITRATION AGREEMENT. BY REJECTING ANY CHANGE, YOU ARE AGREEING THAT YOU WILL ARBITRATE ANY DISPUTE BETWEEN YOU AND THE SKATE STUDIO, LLC IN ACCORDANCE WITH THE PROVISIONS OF THIS ARBITRATION AGREEMENT AS OF THE DATE YOU FIRST AGREED TO THE TERMS (OR TO ANY SUBSEQUENT CHANGES TO THE TERMS).

 

 

 

THE TERMS OF THIS PARAGRAPH SURVIVE ANY TERMINATION OF THE TERMS.

 

 

 

      2. TERMS & CONDITIONS – IN GENERAL

 

FOR PURPOSES OF THESE TERMS, “AFFILIATES” SHALL MEAN ANY ENTITY OR PERSON, DIRECTLY OR INDIRECTLY, OWNING A CONTROLLING INTEREST IN, OWNED BY, OR UNDER COMMON OWNERSHIP CONTROL WITH, THE SKATE STUDIO, LLC, INCLUDING, WITHOUT LIMITATION, ITS SUBSIDIARIES.

 

BY USING THE SERVICE, YOU AGREE TO BE LEGALLY BOUND AND TO ABIDE BY THESE TERMS, JUST AS IF YOU HAD SIGNED THIS AGREEMENT. IF YOU DO NOT COMPLY WITH THESE TERMS AT ANY TIME, WE RESERVE THE RIGHT, IF APPLICABLE, TO TERMINATE YOUR  ACCESS TO THE SERVICE (OR ANY PART THEREOF). IN OUR SOLE DISCRETION AND WITHOUT PRIOR NOTICE OR LIABILITY, WE MAY DISCONTINUE, MODIFY OR ALTER ANY ASPECT OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, (I) RESTRICTING THE TIME THE WEBSITE IS AVAILABLE, (II) RESTRICTING THE AMOUNT OF USE PERMITTED, AND (III) RESTRICTING OR TERMINATING ANY USER’S RIGHT TO USE THE SERVICE. YOU AGREE THAT ANY TERMINATION OR CANCELLATION OF YOUR ACCESS TO, OR USE OF, THE SERVICE MAY BE EFFECTED WITHOUT PRIOR NOTICE. IF YOU DO NOT ABIDE BY THE PROVISIONS OF THESE TERMS, EXCEPT AS WE MAY OTHERWISE PROVIDE FROM TIME TO TIME, YOU AGREE THAT WE MAY IMMEDIATELY DEACTIVATE OR DELETE YOUR USER ACCOUNT AND ALL RELATED INFORMATION AND FILES IN YOUR USER ACCOUNT AND/OR BAR ANY FURTHER ACCESS TO SUCH INFORMATION AND/OR FILES, OR OUR WEBSITE. FURTHER, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY TERMINATION OR CANCELLATION OF YOUR ACCESS TO, OR USE OF, OUR SERVICE.

 

FROM TIME TO TIME, WE MAY SUPPLEMENT THESE TERMS WITH ADDITIONAL TERMS AND CONDITIONS PERTAINING TO SPECIFIC CONTENT, ACTIVITIES OR EVENTS (“ADDITIONAL TERMS”). SUCH ADDITIONAL TERMS MAY BE PLACED ON THE WEBSITE TO BE VIEWED IN CONNECTION WITH THE SPECIFIC CONTENT, ACTIVITIES, FEATURES OR EVENTS AND SHALL BE IDENTIFIED AS SUCH. YOU UNDERSTAND AND AGREE THAT SUCH ADDITIONAL TERMS ARE HEREBY INCORPORATED BY REFERENCE INTO THESE TERMS.

 

​

 

      3. RESTRICTIONS ON USE OF MATERIALS

 

UNLESS OTHERWISE SPECIFIED, WE GRANT YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, LIMITED RIGHT TO ACCESS, USE AND DISPLAY THE SERVICE AND THE MATERIAL PROVIDED THEREIN FOR YOUR PERSONAL, NONCOMMERCIAL USE, PROVIDED THAT YOU COMPLY FULLY WITH THE PROVISIONS OF THESE TERMS. YOU ACKNOWLEDGE THAT THE SERVICE CONTAINS INFORMATION, SOFTWARE, PHOTOS, VIDEO, TEXT, GRAPHICS, MUSIC, SOUNDS, QUESTIONS, CREATIVE SUGGESTIONS, MESSAGES, COMMENTS, FEEDBACK, IDEAS, CHOREOGRAPHY, RECIPES, NOTES, DRAWINGS, ARTICLES AND OTHER MATERIALS (COLLECTIVELY, “CONTENT”) THAT ARE PROTECTED BY COPYRIGHTS, PATENTS, TRADEMARKS, TRADE SECRETS AND/OR OTHER PROPRIETARY RIGHTS, AND THAT THESE RIGHTS ARE VALID AND PROTECTED IN ALL FORMS, MEDIA AND TECHNOLOGIES EXISTING NOW OR HEREAFTER DEVELOPED. ALL CONTENT IS COPYRIGHTED UNDER THE UNITED STATES COPYRIGHT LAWS (AND, IF APPLICABLE, SIMILAR FOREIGN LAWS), AND WE OWN A COPYRIGHT IN THE SELECTION, COORDINATION, ARRANGEMENT AND ENHANCEMENT OF SUCH CONTENT. ALL TRADEMARKS APPEARING ON THIS WEBSITE ARE TRADEMARKS OF THEIR RESPECTIVE OWNERS. OUR COMMERCIAL PARTNERS, SUPPLIERS, ADVERTISERS, SPONSORS, LICENSORS, CONTRACTORS AND OTHER THIRD PARTIES MAY ALSO HAVE ADDITIONAL PROPRIETARY RIGHTS IN THE CONTENT WHICH THEY MAKE AVAILABLE ON THE SERVICE. YOU MAY NOT MODIFY, PUBLISH, TRANSMIT, DISTRIBUTE, PERFORM, PARTICIPATE IN THE TRANSFER OR SALE, CREATE DERIVATIVE WORKS OF, OR IN ANY WAY EXPLOIT, ANY OF THE CONTENT, IN WHOLE OR IN PART. WHEN CONTENT IS DOWNLOADED TO YOUR COMPUTER, YOU DO NOT OBTAIN ANY OWNERSHIP INTEREST IN SUCH CONTENT. MODIFICATION OF THE CONTENT OR USE OF THE CONTENT FOR ANY OTHER PURPOSE, INCLUDING, BUT NOT LIMITED TO, USE OF ANY CONTENT IN PRINTED FORM OR ON ANY OTHER WEBSITE OR NETWORKED COMPUTER ENVIRONMENT IS STRICTLY PROHIBITED UNLESS YOU RECEIVE OUR PRIOR WRITTEN CONSENT.

 

THE SKATE STUDIO, LLC  RESERVES THE RIGHTS TO THEIR CONTENT AND RIGHTS TO LEVERAGE CONTENT HASH TAGGED AS  #THESKATESTUDIO CONTENT IN MARKETING MATERIALS AND COMMUNICATION.

 

​

 

     4. COPYRIGHT

 

ALL THE SITES’ MATERIALS, INCLUDING, WITHOUT LIMITATION, ALL TNF PRODUCT LOGOS, DESIGN, TEXT, GRAPHICS, SOFTWARE, OTHER FILES, AND THE SELECTION AND ARRANGEMENT THEREOF (THE “CONTENT”) ARE COPYRIGHT OF THE SKATE STUDIO, LLC. ALL RIGHTS RESERVED. UNLESS EXPRESSLY STATED OTHERWISE, THE SKATE STUDIO, LLC OR ITS SUPPLIERS OR LICENSORS OWN AND RETAIN OTHER PROPRIETARY RIGHTS IN ALL PRODUCTS AVAILABLE THROUGH THE SITES. EXCEPT AS STATED HEREIN, NONE OF THE CONTENT MAY BE COPIED, MODIFIED, REPRODUCED, DISTRIBUTED, REPUBLISHED, DOWNLOADED, PERFORMED, DISPLAYED, POSTED, TRANSMITTED, SOLD, OR MADE INTO DERIVATIVE WORKS IN ANY FORM OR BY ANY MEANS, INCLUDING, BUT NOT LIMITED TO, ELECTRONIC, MECHANICAL, PHOTOCOPYING, RECORDING, OR OTHERWISE, WITHOUT THE PRIOR WRITTEN PERMISSION OF TNF OR THE RESPECTIVE COPYRIGHT OWNER. YOU MAY NOT, WITHOUT THE EXPRESS WRITTEN PERMISSION OF THE SKATE STUDIO, LLC OR THE RESPECTIVE COPYRIGHT OWNER, (A) COPY, PUBLISH, OR POST ANY MATERIALS ON ANY COMPUTER NETWORK OR BROADCAST OR PUBLICATIONS MEDIA; (B) MODIFY THE MATERIALS; OR (C) REMOVE OR ALTER ANY COPYRIGHT OR OTHER PROPRIETARY NOTICES CONTAINED IN THE MATERIALS. YOU ALSO MAY NOT (A) SELL, RESELL, OR MAKE COMMERCIAL USE OF THE SITES, ITS CONTENT, OR SERVICES OR PRODUCTS OBTAINED THROUGH THE SITES; (B) COLLECT AND USE OF ANY PRODUCT LISTINGS OR DESCRIPTIONS; (C) MAKE DERIVATIVE USES OF THE SITES OR ITS CONTENT; OR (D) USE OF ANY DATA MINING, ROBOTS, OR SIMILAR DATA GATHERING AND EXTRACTION METHODS. YOU ARE NOT CONVEYED ANY RIGHT OR LICENSE BY IMPLICATION, ESTOPPEL, OR OTHERWISE IN OR UNDER ANY PATENT, TRADEMARK, COPYRIGHT, OR OTHER PROPRIETARY RIGHT OF TNF OR ANY THIRD PARTY.

 

 

 

     5. PRIVACY

 

WE ARE COMMITTED TO PROTECTING YOUR PRIVACY AND SECURITY. FOR MORE INFORMATION, YOU SHOULD REVIEW OUR PRIVACY POLICY, WHICH IS INCORPORATED INTO THESE TERMS BY THIS REFERENCE.

 

​

 

     6. COMMUNITY STANDARDS AND CONDUCT GUIDELINES

 

YOU ACKNOWLEDGE THAT ALL CONTENT POSTED, EMAILED, OR OTHERWISE TRANSMITTED TO OR ON THIS WEBSITE, WHETHER POSTED AT OUR REQUEST OR VOLUNTARILY, AND WHETHER PUBLICLY POSTED OR PRIVATELY TRANSMITTED (COLLECTIVELY, THE “POSTINGS”), ARE THE SOLE RESPONSIBILITY OF THE PERSON WHO MADE SUCH POSTINGS. THIS MEANS THAT YOU ARE ENTIRELY RESPONSIBLE FOR ALL POSTINGS THAT YOU POST, EMAIL OR OTHERWISE TRANSMIT TO THE SERVICE. WE DO NOT CONTROL THE POSTINGS POSTED, EMAILED OR OTHERWISE TRANSMITTED ON OUR WEBSITE BY OTHERS AND, AS SUCH, WE DO NOT GUARANTEE THE ACCURACY, INTEGRITY OR QUALITY OF SUCH POSTINGS. ALTHOUGH WE HAVE ADOPTED COMMUNITY STANDARDS AND CONDUCT GUIDELINES FOR THE USERS OF OUR SERVICE (AS DESCRIBED BELOW), YOU UNDERSTAND THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO POSTINGS THAT ARE OFFENSIVE OR OBJECTIONABLE. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE IN ANY WAY FOR ANY POSTINGS (OTHER THAN FOR CONTENT DEVELOPED BY US), INCLUDING, BUT NOT LIMITED TO, FOR ANY ERRORS OR OMISSIONS IN ANY POSTINGS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY POSTINGS POSTED, EMAILED OR OTHERWISE TRANSMITTED TO OR THROUGH THE SERVICE.

 

YOU AGREE NOT TO USE THE SERVICE (INCLUDING ANY COMMUNITY AREAS) TO:

 

UPLOAD, POST, EMAIL OR OTHERWISE TRANSMIT ANY POSTINGS OR OTHER MATERIALS THAT ARE UNLAWFUL, HARMFUL, THREATENING, ABUSIVE, HARASSING, TORTIOUS, DEFAMATORY, VULGAR, OBSCENE, LIBELOUS, INVASIVE OF ANOTHER’S PRIVACY, HATEFUL, OR RACIALLY, ETHNICALLY OR OTHERWISE OBJECTIONABLE (IN OUR SOLE DISCRETION);

 

HARM MINORS IN ANY WAY, OR SOLICIT OR OTHERWISE ATTEMPT TO GAIN ANY INFORMATION FROM A MINOR;

 

IMPERSONATE ANY PERSON OR ENTITY, INCLUDING, BUT NOT LIMITED TO ANY USER OF THE SERVICE, A DIRECTOR, OFFICER, EMPLOYEE, SHAREHOLDER, AGENT OR REPRESENTATIVE OF THE SKATE STUDIO, LLC, OUR AFFILIATES OR ANY OTHER PERSON OR ENTITY, OR FALSELY STATE OR OTHERWISE MISREPRESENT YOUR AFFILIATION WITH THE SKATE STUDIO, LLC, OR OUR AFFILIATES OR ANY OTHER PERSON OR ENTITY;

 

FORGE HEADERS OR OTHERWISE MANIPULATE IDENTIFIERS IN ORDER TO DISGUISE THE ORIGIN OF ANY POSTINGS OR OTHER MATERIALS TRANSMITTED TO OR THROUGH THE SERVICE;

 

UPLOAD, POST, EMAIL OR OTHERWISE TRANSMIT ANY POSTINGS OR OTHER MATERIALS THAT ARE NOT YOUR OWN, OR THAT YOU DO NOT HAVE A RIGHT TO UPLOAD, POST, EMAIL OR OTHERWISE TRANSMIT UNDER ANY LAW OR UNDER CONTRACTUAL OR FIDUCIARY RELATIONSHIPS (SUCH AS INSIDER INFORMATION, PROPRIETARY AND CONFIDENTIAL INFORMATION LEARNED OR DISCLOSED AS PART OF EMPLOYMENT RELATIONSHIPS OR UNDER NONDISCLOSURE AGREEMENTS);

 

UPLOAD, POST, EMAIL OR OTHERWISE TRANSMIT ANY POSTINGS OR OTHER MATERIALS THAT INFRINGE UPON ANY PATENT, TRADEMARK, TRADE SECRET, COPYRIGHT, RIGHT OF PRIVACY OR PUBLICITY OR OTHER PROPRIETARY RIGHTS OF ANY PARTY;

 

UPLOAD, POST, EMAIL OR OTHERWISE TRANSMIT ANY UNSOLICITED OR UNAUTHORIZED ADVERTISING, PROMOTIONAL MATERIALS, “JUNK MAIL,” “SPAM,” “CHAIN LETTERS,” “PYRAMID SCHEMES,” OR ANY OTHER FORM OF COMMERCIAL SOLICITATION;

 

UPLOAD, POST, EMAIL OR OTHERWISE TRANSMIT ANY POSTINGS OR OTHER MATERIALS THAT CONTAIN SOFTWARE VIRUSES OR ANY OTHER COMPUTER CODE, FILES OR PROGRAMS DESIGNED TO INTERRUPT, DESTROY OR LIMIT THE FUNCTIONALITY OF ANY COMPUTER SOFTWARE OR HARDWARE OR TELECOMMUNICATIONS EQUIPMENT;

 

DISRUPT THE NORMAL FLOW OF DIALOGUE, CAUSE A SCREEN TO “SCROLL” FASTER THAN OTHER USERS OF A COMMUNITY AREA (OR OTHER PORTION OF THE SERVICE) ARE ABLE TO TYPE, OR OTHERWISE ACT IN A MANNER THAT NEGATIVELY AFFECTS OR OTHERWISE DIMINISHES THE QUALITY OF ANOTHER USER’S EXPERIENCE OF THE SERVICE; INTERFERE WITH OR DISRUPT THE SERVICE OR SERVERS OR NETWORKS CONNECTED TO THE WEBSITE, OR DISOBEY ANY REQUIREMENTS, PROCEDURES, POLICIES OR REGULATIONS OF NETWORKS CONNECTED TO THE SERVICE;

 

INTENTIONALLY OR UNINTENTIONALLY VIOLATE ANY APPLICABLE LOCAL, STATE, NATIONAL OR INTERNATIONAL LAW, INCLUDING, BUT NOT LIMITED TO, ANY REGULATIONS HAVING THE FORCE OF LAW;

 

“STALK”, “CYBERSTALK” OR OTHERWISE HARASS ANOTHER USER, EMPLOYEE OF THE SERVICE OR THE SKATE STUDIO, LLC; OR

 

SOLICIT, COLLECT OR POST PERSONAL DATA OR ATTEMPT TO SOLICIT, COLLECT OR POST PERSONAL DATA ABOUT OTHER USERS OF THE SERVICE, INCLUDING USER NAMES, EMAILS, OR PASSWORDS; OR ACCESS OR ATTEMPT TO ACCESS ANOTHER USER’S ACCOUNT WITHOUT HIS OR HER CONSENT;

 

YOUR PRIVILEGE TO USE THE SERVICE DEPENDS ON YOUR COMPLIANCE WITH THE COMMUNITY STANDARDS AND CONDUCT GUIDELINES SET FORTH ABOVE. WE MAY REVOKE YOUR PRIVILEGES TO USE ALL OR A PORTION OF THE SERVICE AND/OR TAKE ANY OTHER APPROPRIATE MEASURES TO ENFORCE THESE COMMUNITY STANDARDS AND CONDUCT GUIDELINES IF VIOLATIONS ARE BROUGHT TO OUR ATTENTION. FURTHER, IF YOU FAIL TO ADHERE TO OUR COMMUNITY STANDARDS AND CONDUCT GUIDELINES, OR ANY OF THESE TERMS, WE MAY TERMINATE, IN OUR SOLE DISCRETION, YOUR USE OF, OR PARTICIPATION IN, ANY COMMUNITY AREA.

 

EXCEPT AS MAY OTHERWISE BE PROVIDED IN OUR PRIVACY POLICY, ALL MEMBER AREA COMMUNICATIONS, INCLUDING, BUT NOT LIMITED TO, CHAT, MESSAGE BOARDS, COMMENT/CHAT SECTIONS, GROUPS, AND PROFILE COMMUNICATIONS, ARE PUBLIC AND NOT PRIVATE COMMUNICATIONS. WE RESERVE THE RIGHT TO MONITOR SOME, ALL, OR NO AREAS OF THE SERVICE (INCLUDING ANY MEMBER AREA) FOR ADHERENCE TO THE COMMUNITY STANDARDS AND CONDUCT GUIDELINES SET FORTH ABOVE OR FOR ANY OTHER PURPOSE. YOU ACKNOWLEDGE THAT BY PROVIDING YOU WITH THE ABILITY TO DISTRIBUTE POSTINGS IN THE MEMBER AREAS, WE ARE ACTING AS A PASSIVE CONDUIT FOR SUCH DISTRIBUTION AND WE ARE NOT UNDERTAKING ANY OBLIGATION OR LIABILITY RELATING TO ANY POSTINGS OR ACTIVITIES IN ANY MEMBER AREA, NOR DO WE ENDORSE ANY SUCH POSTINGS. ALTHOUGH WE RESERVE THE RIGHT TO REMOVE, WITHOUT NOTICE, ANY POSTING FOR ANY REASON, WE HAVE NO OBLIGATION TO REVIEW CONTENT PRIOR TO THE CONTENT’S POSTING OR TO DELETE POSTINGS THAT YOU MAY FIND OBJECTIONABLE OR OFFENSIVE. WE ARE NOT RESPONSIBLE FOR MAINTAINING A COPY OF ANY MATERIAL WE REMOVE FROM OUR SERVICE, AND WE ARE NOT LIABLE FOR ANY LOSS YOU INCUR IN THE EVENT THAT CONTENT YOU POST OR TRANSMIT TO OUR WEBSITE HAS BEEN REMOVED. WE WILL COOPERATE WITH LAW ENFORCEMENT OR A COURT ORDER REQUESTING OR DIRECTING US TO DISCLOSE THE IDENTITY OF YOU, OR ANYONE, POSTING ANY INFORMATION OR MATERIAL PROHIBITED BY THESE TERMS. WE MAY ALSO DISCLOSE SUCH INFORMATION IF SUCH DISCLOSURE IS REASONABLY NECESSARY TO PROTECT THE RIGHTS, PROPERTY, OR PERSONAL SAFETY OF THE SKATE STUDIO, LLC, ITS AFFILIATES, OR THE PUBLIC.

 

​

 

     7. SUBMISSIONS

 

IF, AT OUR REQUEST OR ON YOUR OWN, YOU SEND, EMAIL, POST OR OTHERWISE TRANSMIT TO US OR THE SERVICE ANY CONTENT, (COLLECTIVELY, THE “SUBMISSIONS”), YOU GRANT US AND OUR SUCCESSORS AND ASSIGNS A ROYALTY-FREE, PERPETUAL, IRREVOCABLE, NON-EXCLUSIVE RIGHT (INCLUDING ANY MORAL RIGHTS) AND LICENSE (AS WELL AS CONSENT) TO USE, LICENSE, REPRODUCE, MODIFY, ADAPT, PUBLISH, TRANSLATE, CREATE DERIVATIVE WORKS FROM, DISTRIBUTE, DERIVE REVENUE OR OTHER REMUNERATION FROM, COMMUNICATE TO THE PUBLIC, PERFORM AND DISPLAY ANY SUBMISSIONS (IN WHOLE OR IN PART AND WITH OR WITHOUT THE USE OF YOUR NAME) WORLDWIDE AND/OR TO INCORPORATE THE SUBMISSIONS IN OTHER WORKS IN ANY FORM, MEDIA, OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED, FOR THE FULL TERM OF ANY COPYRIGHTS, TRADEMARKS AND OTHER INTELLECTUAL AND PROPRIETARY RIGHTS (COLLECTIVELY, THE “RIGHTS”) THAT MAY EXIST IN SUCH SUBMISSIONS. YOU ALSO WARRANT THAT, TO THE EXTENT YOU ARE NOT THE EXCLUSIVE HOLDER OF ALL RIGHTS IN A SUBMISSION, ANY THIRD PARTY HOLDER OF ANY RIGHTS, INCLUDING MORAL RIGHTS IN SUCH SUBMISSIONS, HAS COMPLETELY AND EFFECTIVELY WAIVED ALL SUCH RIGHTS AND VALIDLY AND IRREVOCABLY GRANTED TO YOU THE RIGHT TO GRANT THE LICENSE STATED ABOVE. YOU FURTHER ACKNOWLEDGE THAT WE AND OUR SUCCESSORS AND ASSIGNS SHALL BE ENTITLED TO UNRESTRICTED USE OF THE SUBMISSIONS FOR ANY PURPOSE WHATSOEVER, COMMERCIAL OR OTHERWISE, WITHOUT COMPENSATION TO THE PROVIDER OF THE SUBMISSIONS. YOU ALSO PERMIT ANY USER TO ACCESS, DISPLAY, VIEW, STORE AND REPRODUCE ANY SUBMISSION THAT YOU HAVE MADE AVAILABLE IN A MEMBER AREA FOR PERSONAL USE. SUBJECT TO THE FOREGOING, THE OWNER OF A SUBMISSION PLACED ON THE SERVICE RETAINS ANY AND ALL RIGHTS THAT MAY EXIST IN SUCH SUBMISSION. EXCEPT AS PROVIDED IN OUR PRIVACY POLICY, NONE OF THE SUBMISSIONS SHALL BE SUBJECT TO ANY OBLIGATION OF CONFIDENCE ON OUR PART, AND WE SHALL NOT BE LIABLE FOR ANY USE OR DISCLOSURE OF ANY SUBMISSIONS.

 

THE SKATE STUDIO, LLC MAY ALTER, ADAPT, OR EDIT THE SUBMISSIONS AND ANY FURTHER MATERIAL CREATED UNDER THESE TERMS, AND MARKET AND EXPLOIT IT ENTIRELY AT THE SKATE STUDIO, LLC' SOLE DISCRETION. THE SKATE STUDIO, LLC IS NOT OBLIGED TO MAKE ANY USE OF THE SUBMISSIONS OR EXERCISE ANY OF THE RIGHTS GRANTED BY THESE TERMS.

 

USERS OF THE SERVICE MUST ONLY POST SUBMISSIONS THAT ARE OWNED BY, AND FEATURES, THEMSELVES, AND NO OTHER THIRD PARTIES.

 

 

 

     9. PARENTAL OR GUARDIAN PERMISSION

 

SOME OF THE CONTENT ON THE SERVICE MAY NOT BE APPROPRIATE FOR CHILDREN. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THE SERVICE WITHOUT PARENTAL CONSENT. WE STRONGLY RECOMMEND THAT CHILDREN BETWEEN THE AGES OF 13 AND 18 ASK FOR THEIR PARENT’S OR GUARDIAN’S PERMISSION BEFORE USING OUR SERVICE.

 

​

 

     10. COPYRIGHT COMPLAINTS

 

WE RESPECT THE INTELLECTUAL PROPERTY OF OTHERS, AND WE ASK OUR USERS TO DO THE SAME. WE MAY, IN APPROPRIATE CIRCUMSTANCES AND IN OUR DISCRETION, TERMINATE THE RIGHTS OF ANY USER TO USE OUR SERVICE (OR ANY PART THEREOF) WHO INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS. THE DIGITAL MILLENNIUM COPYRIGHT ACT OF 1998 (THE “DMCA”) PROVIDES RECOURSE FOR COPYRIGHT OWNERS WHO BELIEVE THAT MATERIAL APPEARING ON THE INTERNET INFRINGES THEIR RIGHTS UNDER U.S. COPYRIGHT LAW. IF YOU BELIEVE THAT YOUR WORK HAS BEEN COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT OR ARE AWARE OF SOMEONE DOING SO, PLEASE CONTACT US AND INCLUDE THE FOLLOWING INFORMATION

 

A PHYSICAL OR ELECTRONIC SIGNATURE OF THE OWNER OF THE COPYRIGHT OR A PERSON AUTHORIZED TO ACT ON BEHALF OF THE OWNER;

 

IDENTIFICATION OF THE COPYRIGHTED WORK CLAIMED TO HAVE BEEN INFRINGED (OR IF MULTIPLE COPYRIGHTED WORKS LOCATED ON THIS WEBSITE ARE COVERED BY A SINGLE NOTIFICATION, A REPRESENTATIVE LIST OF SUCH WORKS);

 

IDENTIFICATION OF THE MATERIAL THAT IS CLAIMED TO BE INFRINGING OR THE SUBJECT OF INFRINGING ACTIVITY, AND INFORMATION REASONABLY SUFFICIENT TO ALLOW US TO LOCATE THE MATERIAL ON OUR WEBSITE;

 

YOUR NAME, MAILING ADDRESS, TELEPHONE NUMBER AND EMAIL ADDRESS;

 

A STATEMENT BY YOU THAT YOU HAVE A GOOD FAITH BELIEF THAT USE OF THE MATERIAL IN THE MANNER COMPLAINED OF IS NOT AUTHORIZED BY THE COPYRIGHT OWNER, ITS AGENT OR THE LAW; AND

 

A STATEMENT BY YOU THAT THE INFORMATION IN YOUR NOTIFICATION IS ACCURATE, AND THAT YOU ATTEST UNDER PENALTY OF PERJURY, THAT YOU ARE THE COPYRIGHT OWNER OR THAT YOU ARE AUTHORIZED TO ACT ON THE COPYRIGHT OWNER’S BEHALF.

 

IF YOU BELIEVE IN GOOD FAITH THAT A NOTICE OF COPYRIGHT INFRINGEMENT HAS BEEN WRONGLY FILED AGAINST YOU, THE DMCA PERMITS YOU TO SEND US A COUNTER-NOTICE. NOTICES AND COUNTER-NOTICES WITH RESPECT TO THIS WEBSITE SHOULD BE SENT TO OUR DESIGNATED AGENT FOR NOTICE OF CLAIMS OF COPYRIGHT INFRINGEMENT: SUPPORT@THESKATESTUDIO.COM

 

​

 

     11. HEALTH DISCLAIMER

 

THE SERVICE INCLUDES FITNESS AND WORK OUT INFORMATION APPLICATIONS AND CONTENT PUBLISHED OVER THE INTERNET, WHICH ARE INTENDED ONLY TO ASSIST USERS IN THEIR PERSONAL FITNESS EFFORTS. THE SKATE STUDIO, LLC IS NOT A MEDICAL ORGANIZATION AND OUR STAFF CANNOT GIVE YOU MEDICAL ADVICE OR DIAGNOSIS. NOTHING CONTAINED IN THE SERVICE SHOULD BE CONSTRUED AS SUCH ADVICE OR DIAGNOSIS. THE INFORMATION AND REPORTS GENERATED BY US SHOULD NOT BE INTERPRETED AS A SUBSTITUTE FOR PHYSICAL HEALTH CONSULTATION, EVALUATION, OR TREATMENT.

 

YOU ARE URGED AND ADVISED TO SEEK THE ADVICE OF A PHYSICIAN BEFORE BEGINNING ANY WORKOUT OR REGIMEN. THE SERVICE IS INTENDED FOR USE ONLY BY HEALTHY INDIVIDUALS. ALL INDIVIDUALS, REGARDLESS OF CONDITION, SHOULD SEEK PROFESSIONAL MEDICAL ADVICE AND CLEARANCE PRIOR TO INITIATING ANY FORM OF PHYSICAL EXERCISE OR FITNESS REGIMEN. THERE ARE INHERENT RISKS ASSOCIATED WITH ROLLER SKATING AND FITNESS PROGRAMS, AND INDIVIDUALS ENGAGE IN THESE ACTIVITIES AT THEIR OWN RISKS.

 

ALL INFORMATION IS INTENDED FOR YOUR GENERAL KNOWLEDGE ONLY AND IS NOT A SUBSTITUTE FOR MEDICAL ADVICE OR TREATMENT FOR SPECIFIC MEDICAL CONDITIONS. WE CANNOT AND DO NOT GIVE YOU FITNESS-RELATED MEDICAL ADVICE. YOU SHOULD SEEK PROMPT MEDICAL CARE FOR ANY SPECIFIC HEALTH ISSUES AND CONSULT YOUR PHYSICIAN BEFORE PARTICIPATING IN ANY ACTS UNDER THE SERVICE.

 

IF YOU ARE BEING TREATED FOR AN INJURY, TAKING PRESCRIPTION MEDICATION, OR FOLLOWING A THERAPEUTIC PHYSICAL THERAPY REGIMEN, IT IS ESPECIALLY IMPORTANT TO LET YOUR HEALTH CARE PROFESSIONAL KNOW THAT YOU ARE PARTICIPATING IN THE SKATE STUDIO, LLC SERVICES. ANY MODIFICATIONS MADE TO THE PLAN BY YOUR PHYSICIAN SHOULD BE FOLLOWED.

 

THE PLAN IS DESIGNED FOR A SAFE, HEALTHY WAY TO LEARN AND NEW SKILL AND WORK OUT. NOT FOLLOWING THE INSTRUCTION AS DESIGNED MAY POSE THE RISK OF DEVELOPING AN INJURY.

 

​

 

     12. DISCLAIMERS OF WARRANTIES

 

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:

 

THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS ON THE SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT.

 

NEITHER THE SKATE STUDIO, LLC, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THE SERVICE OR ANY FUNCTION CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL.

 

NEITHER THE SKATE STUDIO, LLC, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

 

FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS.

 

​

 

     13. LIMITATION OF LIABILITY

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE SERVICE OR ANY WEBSITE OR WEBSITES LINKED TO THE SERVICE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICE; OR (F) ANY OTHER MATTER RELATING TO OUR SERVICE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR SERVICE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE SERVICE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

 

THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, INCLUDING NEW JERSEY LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, VERSED’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

 

 

 

     14. INDEMNIFICATION

 

YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND, AT OUR OPTION, DEFEND TNF AND OUR AFFILIATES, AND OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, STOCKHOLDERS, AGENTS AND REPRESENTATIVES FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS FEES AND EXPENSES) ARISING FROM YOUR IMPROPER USE OF THE SERVICE OR OUR PRODUCTS OR OFFERINGS, YOUR VIOLATION OF THESE TERMS, OR YOUR INFRINGEMENT, OR THE INFRINGEMENT OR USE BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.

 

 

 

     15. GOVERNING LAW AND CHOICE OF FORUM

 

THESE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAW. FOR ANY DISPUTE NOT SUBJECT TO SECTION 1 ABOVE, YOU AND TNF AGREE THAT ANY ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THE WEBSITE, THE SERVICE, OR THESE TERMS SHALL BE FILED ONLY IN THE STATE OR FEDERAL COURTS LOCATED IN ORANGE COUNTY IN THE STATE OF CALIFORNIA AND YOU HEREBY CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSES OF LITIGATING ANY SUCH ACTION.

 

 

 

     16. INTERNATIONAL USERS

 

THE SERVICE IS CONTROLLED, OPERATED, AND ADMINISTERED BY TNF FROM ITS OFFICES WITHIN THE UNITED STATES OF AMERICA. THE SKATE STUDIO, LLC MAKES NO REPRESENTATION THAT MATERIALS ON THE SERVICE ARE APPROPRIATE OR AVAILABLE FOR USE AT OTHER LOCATIONS OUTSIDE OF THE UNITED STATES AND ACCESS TO THEM FROM TERRITORIES WHERE THE CONTENTS OR PRODUCTS AVAILABLE THROUGH THE SERVICE ARE ILLEGAL IS PROHIBITED. YOU MAY NOT USE THE SERVICE OR EXPORT THE CONTENT OR PRODUCTS IN VIOLATION OF U.S. EXPORT LAWS AND REGULATIONS. IF YOU ACCESS THE SERVICE FROM A LOCATION OUTSIDE OF THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL LAWS.

 

 

 

     19. TERMINATION

 

NOTWITHSTANDING ANY OF THESE TERMS, THE SKATE STUDIO, LLC RESERVES THE RIGHT, WITHOUT NOTICE AND IN ITS SOLE DISCRETION, FOR ANY REASON OR NO REASON, TO TERMINATE YOUR ABILITY TO USE THE SERVICE AND TO BLOCK OR PREVENT FUTURE ACCESS TO AND USE OF THE SERVICE. YOU AGREE THAT THE SKATE STUDIO, LLC SHALL NOT BE LIABLE FOR ANY TERMINATION OF YOUR USE OF OR ACCESS TO THE SERVICE.

 

​

 

     20. THIRD PARTY RIGHTS

 

ONLY YOU AND THE SKATE STUDIO, LLC SHALL BE ENTITLED TO ENFORCE THESE TERMS. NO THIRD PARTY SHALL BE ENTITLED TO ENFORCE ANY OF THESE TERMS AND CONDITIONS.

 

​

 

     21. CHANGES TO TERMS & CONDITIONS

 

WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF THESE TERMS AT ANY TIME. YOU SHOULD CHECK THESE TERMS PERIODICALLY FOR CHANGES. BY USING THE SERVICE AFTER WE POST ANY CHANGES TO THESE TERMS, YOU AGREE TO ACCEPT THOSE CHANGES, WHETHER OR NOT YOU HAVE REVIEWED THEM.

 

 

 

     22. MISCELLANEOUS TERMS

 

IN ANY ACTION AGAINST US ARISING FROM THE USE OF THE SERVICE, THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER ALL LEGAL EXPENSES INCURRED IN CONNECTION WITH THE ACTION, INCLUDING BUT NOT LIMITED TO ITS COSTS, BOTH TAXABLE AND NON-TAXABLE, AND REASONABLE ATTORNEY’S FEES.

 

IF ANY PROVISION OF THESE TERMS SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE, THEN THAT PROVISION SHALL BE DEEMED SEVERABLE FROM THESE TERMS AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS. THESE TERMS, TOGETHER WITH THE SUBSCRIPTION AGREEMENT (IF APPLICABLE), ARE THE ENTIRE AGREEMENT BETWEEN YOU AND US RELATING TO THE SUBJECT MATTER HEREIN. IF YOU ARE A SUBSCRIBER TO ONE OF OUR ONLINE SUBSCRIPTION OFFERINGS OR PRODUCTS, IN THE EVENT OF ANY CONFLICT BETWEEN THESE TERMS AND THE SUBSCRIPTION AGREEMENT, THE SUBSCRIPTION AGREEMENT SHALL CONTROL. THESE TERMS MAY BE MODIFIED ONLY BY OUR POSTING OF CHANGES TO THESE TERMS ON THE SERVICE, OR BY WRITTEN AGREEMENT OF BOTH PARTIES. EACH TIME YOU ACCESS THE SERVICE, YOU WILL BE DEEMED TO HAVE ACCEPTED ANY SUCH CHANGES.

 

WE MAY ASSIGN OUR RIGHTS AND OBLIGATIONS UNDER THESE TERMS. THESE TERMS WILL INURE TO THE BENEFIT OF OUR SUCCESSORS, ASSIGNS AND LICENSEES. THE FAILURE OF EITHER PARTY TO INSIST UPON OR ENFORCE THE STRICT PERFORMANCE OF THE OTHER PARTY WITH RESPECT TO ANY PROVISION OF THESE TERMS, OR TO EXERCISE ANY RIGHT UNDER THE TERMS, WILL NOT BE CONSTRUED AS A WAIVER OR RELINQUISHMENT TO ANY EXTENT OF SUCH PARTY’S RIGHT TO ASSERT OR RELY UPON ANY SUCH PROVISION OR RIGHT IN THAT OR ANY OTHER INSTANCE; RATHER, THE SAME WILL BE AND REMAIN IN FULL FORCE AND EFFECT.