Last Updated December. 10, 2018
- When we say “skspeakers,” we mean skspeakers.com. We also refer to skspeakers as “we,” “us” and “our.”
- When we say “skspeakers Sites,” we mean skspeakers.com.
- When we say “you” or “your” we mean any user (like you!) of any skspeakers Site.
- When we say “Content,” we mean merchandise information, product descriptions, reviews, comments, messages, reviews, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials.)
- When we say “Ideas,” we mean ideas, concepts, feedback, and know-how that you make available in connection with the skspeakers Sites.
- When we say “make available,” we mean post, transit, publish, upload, distribute, transmit, display, provide, or otherwise submit or make available (including through any part of the skspeakers Sites administrated by third-party social media platforms (e.g., Facebook or Instagram) that allow interaction with the skspeakers Sites through the tools offered by such social media platforms).
- When we say “Materials,” we mean Content that skspeakers make available on or through the skspeakers Sites, including In Store Now information.
IMPORTANT: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 20 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND SKSPEAKERS ARE EACH GIVING UP OUR RIGHTS TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.
- Your Use of the SKSPEAKERS Sites
You certify that the Content you provide on or through the skspeakers Sites is accurate and that the information you provide on or through the skspeakers Sites is complete. You are solely responsible for maintaining the confidentiality and security of your account including username, password, and PIN. skspeakers is not responsible for any losses arising out of the unauthorized use of your account. You agree that skspeakers does not have any responsibility if you lose or share access to your device. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the skspeakers Sites. You agree that skspeakers is not a party to any such agreement, nor is skspeakers responsible for the content, accuracy, or unavailability of any method used for payment. Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the skspeakers Sites or any portion of the skspeakers Sites, and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the skspeakers Sites or any portion of the skspeakers Sites.
- In connection with the skspeakers Sites, you will not:
- Make available any Content through or in connection with the skspeakers Sites that is or may be in violation of the content guidelines set forth in Section 3.C(Prohibited Content) below.
- Make available through or in connection with the skspeakers Sites any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
- Use the skspeakers Sites for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
- Harvest or collect information about users of the skspeakers Sites.
- Interfere with or disrupt the operation of the skspeakers Sites or the systems, servers, or networks used to make the skspeakers Sites available, including by hacking or defacing any portion of the skspeakers Sites; or violate any requirement, procedure or policy of such servers or networks.
- Restrict or inhibit any other person from using the skspeakers Sites.
- Reverse engineer, decompile, or disassemble any portion of the skspeakers Sites, except where such restriction is expressly prohibited by applicable law.
- Remove any copyright, trademark, or other proprietary rights notice from the skspeakers Sites.
- Frame or mirror any portion of the skspeakers Sites, or otherwise incorporate any portion of the skspeakers Sites into any product or service, unless you obtain skspeakers’s express prior written consent to do so.
- Systematically download and store any Materials.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Materials, or reproduce or circumvent the navigational structure or presentation of the skspeakers Sites, without skspeakers’s express prior written consent.
- Cause injury to any person or entity.
- You will not use the skspeakers Sites or skspeakers’s name, logo, or brand to (1) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (2) use any meta tags or other hidden text or metadata utilizing a skspeakers trademark, logo, URL, or product name without skspeakers’s written consent;
- Content and Ideas
A. Submitting Content and Ideas
B. SKSPEAKERS’S Rights to Use Content and Ideas
You grant to skspeakers a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) any Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed. You further agree that skspeakers is free to use any Ideas for any purpose. skspeakers may sublicense its rights in Content and Ideas through multiple tiers of sublicenses. skspeakers is, and will be, under no obligation (1) to maintain any Content or Idea in confidence; (2) to pay any compensation for any Content or Idea; or (3) to respond to any Content or Idea. You grant to skspeakers the right to use any name associated with any Content or Idea that you make available to skspeakers, although skspeakers has no obligation to exercise such right, or to otherwise provide any attribution for any Content or Idea.
C. Prohibited Content
You agree that you will not make available Content in connection with the skspeakers Sites that:
- is false, fraudulent, inaccurate, or misleading;
- contains your full name(s), or any other confidential personally identifiable information of yourself or others;
- violates any local, state, federal, or international laws or is otherwise tortious;
- is protected by or would infringe on the rights of others including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;
- is obscene, indecent, pornographic, or otherwise objectionable;
- is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by skspeakers in its sole discretion;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
- contains advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from skspeakers;
- contains or relates to chain letters or pyramid schemes;
- impersonates another business, person, or entity, including skspeakers, its related entities, employees, and agents;
- violates any policy posted on the skspeakers Sites; or
- is intended to cause harm, damage, disable, or otherwise interfere with the skspeakers Sites or our partners.
4. Monitoring by SKSPEAKERS
5. Materials Available on the SKSPEAKERS Sites
skspeakers and its suppliers and licensors may make available various Materials. The Materials are for educational and informational purposes only, and errors may appear from time to time. Before you act in reliance on any Materials, you should confirm any facts that are important to your decision. The skspeakers Entities make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials. If you find an error or notice something that does not look quite right on the skspeakers Sites, we would appreciate it if you let us know by contacting us. (Your feedback is a big part of what helps skspeakers to get better at helping you!)
The Sites may make available listings, descriptions, and images of goods and services (collectively, “Products”). Such Products may be made available by us or by third parties. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Sites). Such information and the availability of any Product are subject to change at any time without notice.
We have made efforts to accurately display the attributes of Products, including the applicable colors. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will accurately reflect actual product color or finish. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only.
skspeakers is not responsible for, and cannot guarantee the performance of, goods and services provided by third parties, including any skspeakers Entity, Marketplace Retailer (as defined below in Section 16.A), our advertisers, or other third parties to whose sites we link. While our goal is to provide accurate information, product packaging and material may contain more and/or different information than that provided on skspeakers Sites, including the product description, country of origin, nutrition, ingredient, allergen, and other information. Always read labels, warnings, directions, and other information provided with the product before using or consuming the product. For additional information about a product, please contact the manufacturer. If you find a product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return), in accordance with skspeakers’s return policy. It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any Product.
7. Third Party Sites
8. Placing an Order
A. Order Acceptance and Billing
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all shipping and handling charges and applicable taxes.
B. Pricing Information; Availability
skspeakers cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on the skspeakers Sites or through Marketplace Retailers. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. skspeakers reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from skspeakers. skspeakers may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
C. Promotional Codes
Promotional codes are limited in nature and may expire or be discontinued with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any promotional code.
D. Gift Cards
The risk of loss and title to any gift cards passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable. Your purchase and use of gift cards is subject to the full terms and conditions related to gift cards.
9. Shipping and Delivery
Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the skspeakers Sites. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier.
Delivery of Products purchased from the skspeakers Sites to addresses outside the United States is limited. Some Products also have restricted delivery within the United States. Estimated delivery times are determined based on the method of shipping chosen when Products are purchased and the destination of the Products.
10. Export Policy
You acknowledge that (a) goods licensed or sold on the skspeakers
Sites, and (b) any software or technology purchased, downloaded, or used from
the skspeakers Sites, are subject to the customs and export control laws and
regulations of the United States of America and may also be subject to the
customs and export laws and regulations of the country in which the products
are manufactured and/or received, and you agree to comply with all applicable
laws. You agree, represent, and warrant that no Materials will be
accessed from, downloaded in, released in, carried to, transferred to,
transshipped through, exported to, or re-exported (collectively “transferred”)
to any territory (or national resident thereof), person, entity, or
organization to which such Materials could not be transferred directly from the
United States or by a U.S. person without a license, including without
limitation to any person on the U.S. Treasury Department’s List of Specially
Designated Nationals or the U.S. Department of Commerce’s Denied Persons List
or Entity List.
11. Intellectual Property
12. Procedure for Making a Claim of Copyright Infringement
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the skspeakers Sites in a way that constitutes copyright infringement.
14. Third-Party Software & Licensing Notices
16. Terms Applicable to Special SKSPEAKERS Services
skspeakers operates an online marketplace program on the skspeakers Sites which enables Marketplace Retailers to sell their products alongside skspeakers products and, once an order is placed, to ship such Marketplace Retailers’ products directly to the customer (the “SkspeakersMarketplace”). Any use of the SKSPEAKERS Marketplace is subject to the following additional terms:
- When we say “Marketplace Retailer,” we mean any entity or retailer that sells goods or services in the skspeakers Marketplace through the skspeakers Sites, uses any order processing, fulfillment, shipping, or other services related to the skspeakers Marketplace provided by or for skspeakers, or uses any platform, portal, web service, application, interface, or other tool provided by or for skspeakers in connection with the skspeakers
- To the fullest extent provided by applicable law, skspeakers has no responsibility or liability for any Marketplace Retailer or their products.
17. Disclaimer of Warranties
18. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, SKSPEAKERS WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SKSPEAKERS SITES, EVEN IF AN AUTHORIZED REPRESENTATIVE OF A SKSPEAKERS ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO SKSPEAKERS ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SKSPEAKERS SITES DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO SKSPEAKERS ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER (INCLUDING ANY MARKETPLACE RETAILER), SHOPPER, OR OTHER USER OF THE skspeakers SITES.
20. Disputes & Arbitration; Applicable Law
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Using or accessing the skspeakers Sites constitutes your acceptance of this Arbitration provision. Please read it carefully as it provides that you and skspeakers will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision.
This is to notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that we do not endorse any of the products or services listed on such site.
If you didn’t receive your product or it is significantly different to the description, we guarantee to refund your payment.
On-Time Delivery Guarantee
We want to ensure that your purchase will arrive on time, therefore we provide a guarantee that products will be delivered by a set date.
Refund by credit card or debit card
You will receive your refund on the same card that you used to pay for your order. It usually takes around 3-20 business days for the money to arrive.
25. How to Contact Us
If you have any questions or comments, please contact us at https://skspeakers.com/contact-us
or by mail at the following address: SK TRADING, 349 S. LOS ANGELES STREET , LOS ANGELES, CA 90013, USA TEL# 213-263-8545
Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.
skspeakers Sites: © 2018 skspeakers. All Rights Reserved.