TERMS OF SERVICE
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE:
The services offered at www.getyoursk8on.com.com ("Getyoursk8on.com"), are provided to you under the terms and conditions of this Getyoursk8on.com Terms of Service, and any operating rules or policies that may be published by Getyoursk8on.com at the URL: www.getyoursk8on.com.com (the "Service"). The GYSO/TS comprises the entire agreement between you and Getyoursk8on.com and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS, OR USING GETYOURSK8ON.COM, USER AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. You may continue to use Getyoursk8on.com as long as you adhere to these Terms of Service.
2. SERVICES VOID WHERE PROHIBITED:
Use of the Services is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the Terms and Conditions of this Agreement.
3. REGISTRATION AND MY INFO PAGE:
a. REGISTRATION. You are required to register with Getyoursk8on.com if you want to view someone in your network, write a review, send an Getyoursk8on.com invitation to a private event (see Private Event below), post a public event on Getyoursk8on.com, access your Message Center, view your calendar, create and access your phone book, and view and edit your profile. In order to register with Getyoursk8on.com you must supply a valid email address, which will be used as a unique identifier for your account, and a password.
b. MY INFO PAGE. You are required to set up a My Info Page with Getyoursk8on.com if you want to post a public event (see Public Event below). In order to set up a My Info Page, you will be required to supply a valid email address, a password, a user name, your zip code and answer a few questions. You may also answer certain optional questions, which will help other users know a little more about your interests. You may choose to allow only other Guests and Hosts of Private Events to which you were invited to view your My Info Page or you may choose to make your My Info Page available to the Getyoursk8on.com community of users to view.
c. MESSAGE CENTER. When you set up a My Info Page, you will be provided with a private and anonymous mailbox to receive email messages from other users who may want to contact you, without you having to disclose your actual email address or other information. The Message Center also assures other users that they may send and receive messages without having to disclose any personal information or email addresses to you. The Message Center contains features that allow you to block other users from contacting you if you choose.
d. PHOTO GUIDELINES. When you set up a My Info Page, you will have the opportunity of posting a current photograph of yourself. The photograph should be of you and should be current. We will accept photographs which show yourself plus another adult person (spouse, family member, etc.) and/or your children. Your face should be clearly visible in the photo. We will also accept a graphic containing a logo, provided that you are the copyright owner. Photographs may not contain images of children alone, cartoons, comics, celebrities, nudity, artwork, obscene or otherwise inappropriate images (as determined in Getyoursk8on.com's sole discretion). Photographs containing only animals are not appropriate, but you may supply a photograph of yourself together with your pet. For security and privacy reasons, you should not upload any photographs that contain contact information such as names, phone numbers, email addresses, or web site URLs. All photographs submitted to Getyoursk8on.com are subject to review and, if deemed by Getyoursk8on.com to violate this GYSO/TS, to removal. Offensive content is not permitted in any form. By posting a photograph you warrant and represent that you own all right, title and interest to that photograph and to all images and likenesses contained in that photograph and you authorize Getyoursk8on.com to distribute that photograph as part of the Getyoursk8on.com Service. If you see any photographs on Getyoursk8on.com that do not conform to this policy, please notify us by emailing us at abuse@getyoursk8on.com.com.
4. DESCRIPTION OF SERVICE:
Getyoursk8on.com provides Users with a variety of online services, including but not limited to:
a. Private Events. A private event is a private social gathering or get-together hosted and attended by a group of people in the same social network (friends, family and/ or associates). If you want to send an Getyoursk8on.com invitation to a private event, you must be registered with Getyoursk8on.com (see Registration above). In addition, if you have a My Info Page (see above) your My Info Page information will be viewable to all Guests.
b. Public Events. A Public Event is a social gathering or get-together that is open to all members of the Getyoursk8on.com community. All Public Events are searchable on the Getyoursk8on.com web site. Some examples of Public Events may include: art exhibits, music festivals, happy-hours, poetry readings, grand openings of restaurants and clubs, etc. You must create a My Info Page in order to post a Public Event. If you wish to respond to an Getyoursk8on.com invitation to a Public Event, you must first register with Getyoursk8on.com. However, you may choose to respond to an invitation to a Public Event anonymously. If you choose to respond anonymously, your contact information, user name and comments will be seen only by the Host. You do not have to create a My Info page in order to respond to a invitation to a Public Event.
c. Recommendations. Recommendations are Public Events and Places listed on the Getyoursk8on.com service based on information you have supplied to us, such as zip code, interests and keyword searches you have conducted.
d. Getyoursk8on.com Network. Your network on Getyoursk8on.com consists of people you have invited to private events, people who have invited you to private events and people who have been invited to the same private events as you. You will only be associated with a person or an event in your network as a result of receiving Getyoursk8on.com invitations to Private Events. Only events where you or the people in your network send an RSVP count as an event. For instance, if you were invited to an event with a person five times and you sent an RSVP to all five events, but the other person only sent an RSVP to three of the events, you would only see three shared events in your network with them. No network associations are created by way of being invited to Public Events. You may delete an event or a person from your network at any time, but this will remove both events and people from your network.
e. Reviews. Getyoursk8on.com allows you to post reviews of bars, restaurants and other places. Your reviews are viewable by all Getyoursk8on.com registered users, however you may choose to hide your profile by posting an anonymous review. Getyoursk8on.com reserves the right to pull down a review if it contains (1) derogatory language, (2) threats of physical harm, or (3) any other reason Getyoursk8on.com determines is necessary to protect the integrity of its service. In furtherance of this endeavor, the Getyoursk8on.com Web site will automatically reject certain profane and otherwise inappropriate words in a User review.
f. Other Features. You may also create event photo albums and conduct various other tasks through the service. In order to use any feature of the Service not described above, you may be required to create a My Info Page (see above).
5. EVENT DISCLAIMERS AND LIMITATION OF LIABILITY: YOUR PARTICIPATION IN ANY PUBLIC OR PRIVATE EVENT IS AT YOUR SOLE AND EXCLUSIVE RISK. THE HOST OF ANY EVENT MAY REFUSE ADMITTANCE, MAY CHARGE AN ADMISSION FEE, OR ASK YOU TO LEAVE AN EVENT AT ANY TIME FOR ANY REASON. BY USING GETYOURSK8ON.COM YOU AGREE AND UNDERSTAND THAT IN CONNECTION WITH YOUR PARTICIPATION IN ANY EVENT OR ACTIVITY, YOU MAY BE EXPOSED TO A VARIETY OF HAZARDS AND RISKS, FORESEEN OR UNFORESEEN, WHICH MAY OR MAY NOT BE INHERENT IN THOSE ACTIVITIES AND EVENTS. THESE INHERENT RISKS INCLUDE, BUT ARE NOT LIMITED TO, THE DANGERS OF SERIOUS PERSONAL INJURY, PROPERTY DAMAGE, AND DEATH (INJURIES AND DAMAGES) FROM EXPOSURE TO THE HAZARDS OF PUBLIC OR PRIVATE OUTINGS AND ACTIVITIES. GETYOURSK8ON.COM HAS NOT TRIED TO CONTRADICT OR MINIMIZE YOUR UNDERSTANDING OF THESE RISKS. BY USING GETYOURSK8ON.COM, YOU AGREE AND UNDERSTAND THAT INJURIES AND DAMAGES CAN OCCUR BY NATURAL CAUSES OR BY THE ACTS OF OTHER PERSONS OR THIRD PARITIES, EITHER AS A RESULT OF NEGLIGENCE OR BECAUSE OF OTHER REASONS. YOU ARE PERSONALLY RESPONSIBLE FOR ALL COSTS AND/OR RISKS ASSOCIATED WITH ANY PUBLIC OR PRIVATE EVENT OR ACTIVITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVEAND DISCHARGE ALL CLAIMS, RELEASE GETYOURSK8ON.COM FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS GETYOURSK8ON.COM, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM INJURIES AND DAMAGES IN ANY WAY CONNECTED WITH ANY EVENTS OR ACTIVITIES. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS, AND INCLUDES ANY MINORS ACCOMPANYING USER AT THE EVENTS.
6. CONTENT: Your are solely responsible for any data, text, software, music sound, photographs, graphics, video, messages, files or other materials ("Content") which is transmitted, posted, or distributed by you through the Service, including but not limited to the contents of your e-mail communications, information, reviews, photos or images posted by you or posted to your My Info Page and information, photos, images, sound files or other Content posted by you in a Public Getyoursk8on.com or Private Event. All Content posted by you, is your sole responsibility. Getyoursk8on.com does not control the Content posted by users such as yourself via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. By using the Getyoursk8on.com Service you understand and agree that you may be exposed to Content posted by other users that may be offensive, indecent or objectionable. Under no circumstances will Getyoursk8on.com be liable in any way for any Content posted by any user or third party, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the Service. Subject to the terms of Getyoursk8on.com's Privacy Policy, you agree if you post any Content on the Getyoursk8on.com Service, you grant to Getyoursk8on.com, and its successors and assigns, a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license, in and to the Content, to distribute, display, modify, redistribute, sublicense and reproduce such Content to other users of the Service and to third parties with whom Getyoursk8on.com has a relationship. You also grant Getyoursk8on.com the right to authorize the downloading and printing in whole or in part of any Content that you post to the Getyoursk8on.com Service.
7. COPYRIGHT POLICY/INFRINGING MATERIAL: You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information owned or controlled by someone else without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Getyoursk8on.com Service without your permission or in any way that constitutes copyright infringement, please provide Getyoursk8on.com with the following information: a description of the copyrighted work that you claim has been infringed; a description of where the material you claim is infringing is located on the Getyoursk8on.com Service; your address, telephone number, and email address; and a written statement by you stating that you have a good faith belief that the disputed use is not authorized by you, your agent, or the law; and a statement by you, made under penalty of perjury, that you own the claimed infringing material together with any evidence of such ownership. Please contact Getyoursk8on.com at the following address: General Counsel, Getyoursk8on.com.com P.O. Box 8654m Clearwater, FL 33765
8. NO "SPAMMING": You must not use any feature of the Getyoursk8on.com Service for chain letters, junk mail, or "Spamming" nor make any use of the distribution lists in a manner involving any person who has not given specific permission to be included in such a process. An e-mail advertisement which is (a) addressed to a recipient with whom you do not have an existing business or personal relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from you ("Spam" or "Spamming") is strictly prohibited by Getyoursk8on.com. If you use any feature of the Getyoursk8on.com Service for the purpose of sending Spam, Getyoursk8on.com reserves the right to immediately terminate your access to the Getyoursk8on.com Service and to seek appropriate legal recourse as necessary. If you believe that other users are using the Getyoursk8on.com Service for Spam, please notify Getyoursk8on.com using the Customer Support Form, by flagging any posting that appears to be Spam for Getyoursk8on.com's review, or by emailing Getyoursk8on.com at abuse@getyoursk8on.com.com PLEASE NOTE that by posting a Public Event you are consenting to receive, and authorizing Getyoursk8on.com to forward to you, emails from other users. Such messages are not included in the above definition of Spam.
9. NOTICES: Getyoursk8on.com may give notice to you by e-mail, a posting on the Getyoursk8on.com web site, or other reasonable means. You must give notice to Getyoursk8on.com in writing via e-mail or as otherwise expressly provided by Getyoursk8on.com. Getyoursk8on.com may broadcast, distribute or display notices or messages through the Getyoursk8on.com Service to inform you of changes to the GYSO/TS, the Service, the Privacy Policy or other matters of importance. Such broadcast, distributions or displays of information shall constitute notice to you.
10. Privacy Policy: It is Getyoursk8on.com's policy to respect the privacy of its users. Getyoursk8on.com's policies with regard to personally identifiable information it collects from you, what information third parties affiliated with Getyoursk8on.com collect from you and how that information is used is governed by the Getyoursk8on.com Privacy Policy, which you can access here: Privacy Policy
11. SECURITY: You are solely responsible for maintaining the confidentiality of your password and account. You are also solely responsible for any and all activities that occur under your account. You may change your password, or any other account information, at any time by following instructions available on your My Info Page or on your My Getyoursk8on.com Page. You may also set up a new account at your convenience. You agree to notify Getyoursk8on.com immediately of any unauthorized use of your account or any other breach of security known to you. You must promptly inform Getyoursk8on.com of actual or apparent breaches of security, such as loss, theft, or authorized disclosure or use of a User Account or password. Until Getyoursk8on.com is notified by email of a breach in security, you will remain liable for any unauthorized use of the Getyoursk8on.com Service through your account. In consideration for using the Getyoursk8on.com Service, you agree to: (1) provide certain current, complete, and accurate information about you when prompted to do so by the Service, and (2) maintain and update this information as required to keep it current, complete and accurate. If any information provided by you during your original registration or My Info Page sign-up is inaccurate, Getyoursk8on.com reserves the right to terminate your account immediately and your right to use the Getyoursk8on.com Service.
12. NO RESALE OR COMMERCIAL USE, ABUSE OF THE SERVICE: Your right to use the Getyoursk8on.com Service is personal to you. You agree not to resell or make any commercial use of the Getyoursk8on.com Service without the express consent of Getyoursk8on.com. You may not create bots or other computer generated automatic tools to create events, nor abuse the Getyoursk8on.com Service in any manner. Use that constitutes abuse shall be determined by Getyoursk8on.com in its sole discretion. Getyoursk8on.com reserves the right to terminate your account if Getyoursk8on.com determines you have not complied with this GYSO/TS.
13. USER CONDUCT: Getyoursk8on.com reserves the right, but does not assume the responsibility, to monitor or review your conduct on the Getyoursk8on.com Service. Your use of the Getyoursk8on.com Service is subject to all applicable local, state, national and international laws and regulations.
In using the Getyoursk8on.com Service you agree not to:
*Use the Getyoursk8on.com Service for illegal purposes;
*Interfere or disrupt networks connected to the Getyoursk8on.com Service or violate the regulations, policies or procedures of such networks;
*Use the Getyoursk8on.com Service in connection with chain letters, junk mail, surveys, contests, pyramid schemes, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise);
*Harvest or otherwise collect information about other users, including e-mail addresses, without their consent;
*Transmit through the Getyoursk8on.com Service any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature;
*Invade another's privacy or violate rights of publicity or intellectual property rights (including but not limited to copyright, trademark and patent rights) while using the Getyoursk8on.com Service;
*Transmit through the Getyoursk8on.com Service any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;
*Interfere with another User's use and enjoyment of the Getyoursk8on.com Service;
*Defame, abuse, harass, stalk, threaten or violate the legal rights (such as rights of privacy and publicity) of any other user;
*Create a false identity for the purpose of misleading others as to your identity or the origin of a message;
*Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a user of the Getyoursk8on.com Service any directory of Getyoursk8on.com's users or usage information or any portion thereof other than in the context of your use of the Service as permitted under this GYSO/TS;
*Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
*Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or
*Engage in any other conduct which, in Getyoursk8on.com's sole discretion, is considered inappropriate, unauthorized or objectionable.
14. INDEMNIFICATION: You agree to indemnify and hold Getyoursk8on.com, its parent, subsidiary, affiliate, officers, employees, agents, directors, successors and assigns harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Getyoursk8on.com Service, the violation of this GYSO/TS by you, the infringement by you (or other user of the Service using your account) of any intellectual property or other right of any person or entity or violation of any federal, state or local law or regulation.
15. TERMINATION: You may terminate your participation in the Getyoursk8on.com Service with or without cause at any time and effective immediately. Getyoursk8on.com may terminate the Getyoursk8on.com Service or your use of the Service with or without cause at any time and effective immediately, at Getyoursk8on.com's sole discretion, including but not limited to immediate termination of your use of the Getyoursk8on.com Service should your conduct fail to conform to the terms and conditions of this GYSO/TS. Getyoursk8on.com shall not be liable to you or any third party for termination of the Getyoursk8on.com Service or termination of your use of the Getyoursk8on.com Service. Should you object to any terms and conditions of the GYSO/TS or any subsequent modifications Getyoursk8on.com makes to the GYSO/TS or become dissatisfied with the Getyoursk8on.com Service in any way, your only recourse is to immediately: (1) discontinue use of the Getyoursk8on.com Service; and (2) notify Getyoursk8on.com of your termination and, at your discretion, notify Getyoursk8on.com of the reasons for your termination. Upon termination of your use of the Getyoursk8on.com Service, your right to use the Getyoursk8on.com Service shall cease immediately. You shall have no right and Getyoursk8on.com will have no obligation thereafter to forward any unread or unsent messages to your or any third party on your behalf. Sections 2, 5, 6, 7, 10, 11, 14, 15, 16, 19, 20 and 21 shall survive termination of the GYSO/TS.
16. TRANSACTIONS WITH ORGANIZATIONS OR INDIVIDUALS: Getyoursk8on.com shall not be liable for your interactions with any organizations and/or individuals found on or through the Getyoursk8on.com Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. Getyoursk8on.com is under no obligation to become involved in disputes between participants on the Getyoursk8on.com Service, or between participants on the Getyoursk8on.com Service and any third party.
17. LINKS TO THIRD PARTY SITES: Any web sites that are accessible via links included within the Getyoursk8on.com Service that take you out of the Getyoursk8on.com Service are not under Getyoursk8on.com's control and Getyoursk8on.com shall not be responsible for the content, products or services of any linked website. All such websites shall be subject to the policies and procedures of the owner of such websites. We encourage you to read those policies and know your rights under any web site you visit.
18. VIOLATION OF TERMS BY OTHER USERS: Getyoursk8on.com asks that you participate in ensuring that all Users follow the terms of this GYSO/TS by reporting any Private Getyoursk8on.com invitations, Public Events or other postings or messages that violate these terms. To report a violation of this GYSO/TS, please email us at abuse@getyoursk8on.com.com.
19. DISCLAIMER OF WARRANTIES: YOU EXPRESSLY AGREE THAT YOUR USE OF THE GETYOURSK8ON.COM SERVICE IS AT YOUR SOLE RISK. THE GETYOURSK8ON.COM SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GETYOURSK8ON.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GETYOURSK8ON.COM MAKES NO WARRANTY THAT ITS SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ITS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. GETYOURSK8ON.COM MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT GETYOURSK8ON.COM DOES NOT CONTROL CONTENT, INFORMATION, PRODUCTS OR SERVICES OFFERED BY ADVERTISERS, THIRD PARTIES OR OTHER USERS ON OR THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY LICENSE TO GETYOURSK8ON.COM FROM THIRD PARTIES OR CONTENT PROVIDED BY OTHER USERS. GETYOURSK8ON.COM ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO ADVERTISERS AND USERS) THROUGH THE GETYOURSK8ON.COM SERVICE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ATTEMPT TO DOWNLOAD ANY MATERIAL FROM THE GETYOURSK8ON.COM SERVICE. GETYOURSK8ON.COM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ITS SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH ITS SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GETYOURSK8ON.COM OR THROUGH THE GETYOURSK8ON.COM SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
20. LIMITATION OF LIABILITY: GETYOURSK8ON.COM SHALL NOT 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 GETYOURSK8ON.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE (I) USE OR THE INABILITY TO USE THE SERVICE; (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO WITH GETYOURSK8ON.COM OR A THIRD PARTY THROUGH THE USE OF THE GETYOURSK8ON.COM SERVICE; (IV) OR UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR ACCOUNT OR DATA. YOU SPECIFICALLY AGREE THAT GETYOURSK8ON.COM IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE GETYOURSK8ON.COM SERVICE, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
21. GENERAL PROVISIONS: This GYSO/TS shall be governed by and construed in accordance with the laws of the state of Florida, excluding its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts of the State of Florida, provided, however, that Getyoursk8on.com, in its sole discretion, may elect to settle any litigation in any way arising out of or relating to this GYSO/TS through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such arbitration shall be conducted in Los Angeles, Florida, and judgment on the arbitration award may be entered into in any court having jurisdiction thereof. If any provision(s) of the GYSO/TS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Getyoursk8on.com's failure to exercise or enforce any right or provision of this GYSO/TS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Getyoursk8on.com in writing. User and Getyoursk8on.com agree that any lawsuit arising out of or related to this Service must commence within one (1) year after the cause of action arises; otherwise, such cause of action is permanently barred. The section titles in this GYSO/TS are solely used for the convenience of the parties and have no legal or contractual significance.
22. MODIFICATIONS TO THE SERVICE AND TO TERMS OF SERVICE: Getyoursk8on.com reserves the right to modify or discontinue the Getyoursk8on.com Service with or without notice to you. Getyoursk8on.com shall not be liable to you if Getyoursk8on.com modifies or discontinues its Service. Getyoursk8on.com may change the terms and conditions of the GYSO/TS at any time in its sole discretion. In the event of any material or substantial change in the terms and conditions of this GYSO/TS, Getyoursk8on.com may notify you via e-mail, and/or by posting an announcement of the changes together with a link to the new GYSO/TS on the Getyoursk8on.com Service. By using the Getyoursk8on.com Service after any change in the GYSO/TS you acknowledge and accept changes to the GYSO/TS.
LAST REVISED ON: April 25, 2007
