Fair Skateboarding Marketplace: Skate Bids LLC Terms of Use Skate Bids

BY ACCESSING OR USING THE DIGITAL SERVICES, YOU ACCEPT & AGREE TO BE LEGALLY BOUND BY & COMPLY WITH THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE DIGITAL SERVICES. SPECIFICALLY, PLEASE TAKE NOTICE THAT WITH LIMITED EXCEPTIONS, ALL DISPUTES BETWEEN YOU & US REGARDING THIS AGREEMENT ARE SUBJECT TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN JURY TRIALS, INCLUDING CLASS ACTION LAWSUITS, IN COURTS & ONLY SPECIFIC REMEDIES ARE AVAILABLE TO YOU.

In the Highlights section, we provide an overview of the terms & conditions that apply to your access to or use of a U.S. website, mobile app or other digital service (each a “Digital Service”) operated by Skate Bids, LLC or one of its affiliates (“we”, “us”, “our” or “Skate Bids”).

The Digital Services include a platform for watch listings & information services. Skate Bids IS NOT A BROKER, DEALER OR TRADITIONAL AUCTIONEER & WE DO NOT SELL, EXCHANGE, BUY, OR OFFER FOR SALE, NEGOTIATE OR ATTEMPT TO NEGOTIATE, A SALE OR EXCHANGE OF AN INTEREST IN ANY ITEMS ON THE DIGITAL SERVICES. SKATE BIDS HAS NEVER: (I) HELD TITLE FOR ANY ITEMS LISTED ON THE DIGITAL SERVICES, (2) INSPECTED ANY ITEMS LISTED ON THE DIGITAL SERVICES OR (3) HAD ANY ITEMS LISTED ON THE DIGITAL SERVICES IN ITS LEGAL POSSESSION.

Please review the full Terms of Use below for a detailed explanation of applicable terms & conditions. Any reference to the Terms of Use, including its sections, in the Highlights section is intended to refer to the full Terms of Use below.

Highlights

Application & Acceptance of the Terms of Use

• Each time you access or use the Digital Services, you agree to be bound by the Terms of Use (including the binding arbitration provision located in the section entitled “Dispute Resolution (Arbitration Clause & Class Action Waiver)”) along with our Privacy Notice, any FAQs, & any additional guidelines, terms, procedures or rules that may apply to a specific feature of the Digital Services (collectively, the “Agreement”) that are owned or operated by Skate Bids, LLC. or its affiliates (“we”, “us”, “our” or “Skate Bids”).
• You acknowledge that we will use information we obtain about you in connection with your access to & use of the Digital Services in accordance with our Privacy Notice.
• We may provide services that are not described in these Terms of Use, or customized services; unless we have entered into a separate, signed agreement that expressly supersedes these Terms of Use, these Terms of Use will apply to those services as well.
• You acknowledge & agree that the Agreement is solely a contract between you & Skate Bids & it expressly does not govern any sale, transaction, or other relationship between you & any other User, any third party or between any other Buyers & Sellers.

Your Responsibilities

• You are responsible for maintaining the accuracy of any information you submit to us in relation to your access to & use of the Digital Services.
• You are solely responsible for any information (including any information used in any listing) you provide to us.
• You are responsible for your conduct in relation to the Digital Services, & your access to or use of the Digital Services & Content (as such term is defined in the full Terms of Use) is subject to the rules described in the section entitled “Your Conduct & Responsible Use of the Digital Services” of the Terms of Use below, as well as any additional terms & conditions that may be provided by us as part of the Agreement & applicable to you.

Intellectual & Other Proprietary Rights

• As between Skate Bids & you, Skate Bids owns all right, title & interest in & to the copyrights, trademarks, service marks, trade names, patents & all other intellectual & proprietary rights throughout the world associated with the Digital Services & Content except, if applicable, with respect to your User Content.
• You may not build a business, in whole or in part, resell, redistribute, recirculate or make any other commercial use of, or create derivative works or materials utilizing any portion of the Digital Services (including any code used in any software) or Content, whether or not for profit.
• If we become aware that any of our Users has repeatedly infringed the proprietary rights of any third party, we may take steps to terminate that User’s access to the Digital Services. We reserve the right (but have no obligation) to review any information you provide, investigate, and/or take appropriate action against you or any other User in our sole discretion.

Release, Indemnity, Disclaimers & Limitation of Liability

• You release Skate Bids (& its affiliates, service providers, partners, & its & their respective co-branders, licensors, payment processing partners, other partners & officers, directors, employees, contractors, & agents) from all damages, losses, liabilities, costs or expenses, arising out of any dispute between you & any other User or third party relating to your use of the Digital Services.
• You agree to indemnify & hold Skate Bids (& its affiliates, service providers, partners, & its & their respective co-branders, licensors, payment processing partners, other partners & officers, directors, employees, contractors, & agents) harmless from any & all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost & expense, including, without limitation, costs & reasonable attorneys’ & accounting fees, from any claim,demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any User or third party (each a “Claim”) relating to or arising out of (a) your use of the Digital Services or Content, (b) your User Content, (c) your violation of the Terms of Use; (d) your violation of applicable laws or regulations or (e) the actions or inactions of any third party to whim you grant permission to use your user account to access the Digital Services (including the sharing of your Credentials).
• Skate Bids disclaims any warranties & provides the Digital Services “as is”.
• Our liability is limited as described in the Limitation of Liability section in the Terms of Use below.

Third Parties

• Skate Bids is not responsible for any links to third-party websites, apps or other services, including social media platforms.
• We participate in affiliate marketing & may allow third-party affiliate links to be encoded on some of our Digital Services. This means that we may earn a commission when you click on or make purchases via third-party affiliate links.

Termination

• Skate Bids may, in its sole discretion, terminate your password, account (or any other part of your Credentials), access to or use of the Digital Services, or remove & discard any User Content or information stored, sent, or received via the Digital Services without prior notice & for any reason or no reason. skate Bids may, in its sole discretion, cancel your bids, cancel your auction wins or delete your comments.

Changes to the Terms of Use

• We may revise the Terms of Use prospectively by posting an updated version on the Digital Services or by providing you with notice (by email or other notification through the Digital Services).
• Your continued use of the Digital Services will be deemed as irrevocable acceptance of any revisions.

Governing Law & Severability

• The Terms of Use shall be governed by & construed solely & exclusively in accordance with the laws of the State of Florida, USA without giving effect to any law that would result in the application of the law of another jurisdiction.
• The Agreement (including the Privacy Notice & any additional guidelines, terms, procedures or rules that may apply to a specific feature of the Digital Services) constitutes the entire agreement between you & us regarding the use of the Digital Services.
• If any provision of the Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms of Use will be unimpaired & the invalid or unenforceable provision will be deemed modified so that it is valid & enforceable to the maximum extent permitted by law.

Copyright Policy

• If you believe your copyright has been infringed, you may provide us with notice in accordance with the process described in the corresponding section of the Terms of Use below.

Terms of Use

Last revised on: August 30, 2022

1. Application & Acceptance of this Agreement

These Terms of Use (including the binding arbitration provision located here) along with our Privacy Notice, any FAQs, & any additional guidelines, terms, procedures or rules that may apply to a specific feature of the Digital Services (collectively, the “Agreement”) that are owned or operated by Skate Bids LLC or its affiliates (“we”, “us”, “our” or “ Skate Bids”), are a contract in electronic form between you (“you,” “your,” & “yourself”) & Skate Bids . This Agreement applies to the extent you use the Digital Services to (a) act as a “Buyer” submitting bids expressing an intent to purchase watches or other products & services listed by Sellers on the Digital Services, (b) act as a “Seller” submitting information in connection with the listing of a watch or other product or service on a Digital Service by Skate Bids  on your behalf or (c) as a visitor, registrant or user in any other capacity permitted by these terms (together with “Buyers” & “Sellers”, collectively, “Users”). This Agreement sets forth the legally binding terms governing your access & use of the Digital Services. This Agreement applies to Skate Bids  & its affiliates only & does not cover other companies, including third parties that may advertise or sponsor content, products or services on the Digital Services or any third-party platforms (such as social media platforms or app stores) or other channels that you may use to access the Digital Services or any Content (as defined below).

The Digital Services & Content are for general information, discussion & entertainment purposes only. The term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts, articles, comments, software, scripts, graphics & interactive features generated, provided, or otherwise made available through or in connection with the Digital Services. We make no representations or guarantees about any aspect of the Digital Services & Content & do not endorse any opinions expressed by any Users. THE DIGITAL SERVICES & ALL CONTENT ARE PUBLISHED “AS IS” & YOUR USE OR RELIANCE ON THE DIGITAL SERVICES OR ANY CONTENT IS AT YOUR OWN RISK. WE HAVE NO LIABILITY TO YOU FOR THE CONSEQUENCES OF USING OR RELYING ON THE DIGITAL SERVICES OR ANY CONTENT.

2. Our Role

The Digital Services include a platform for listings & information services. We are not the creator or owner of the items posted on the Digital Services by Sellers for Buyers to bid on. Rather, we provide the Digital Services, which enable Users to access certain features & functionalities, including posting watches & other products & services, & bidding on such products & services. Sellers are responsible for ensuring that any of their User Content meets all applicable local, state, provincial, national & other laws, rules & regulations, & that any goods (including watches) & services promoted, offered or otherwise described on the Digital Services are described in listings, and/or delivered as described, in an accurate satisfactory manner. For any payment processing related to Purchases made on the Digital Services, if the Seller or third party responsible for the applicable watch or other good or service selects a payment processing method that uses a third party to process the payment, then we do not process that payment transaction.

As part of the Digital Services, Skate Bids  may assist Sellers in the creation of their listings (including the content of such listing) but it remains each Seller’s responsibility to make sure that its listings are accurate.

Skate Bids IS NOT A BROKER, DEALER OR TRADITIONAL AUCTIONEER & WE DO NOT SELL, EXCHANGE, BUY, OR OFFER FOR SALE, NEGOTIATE OR ATTEMPT TO NEGOTIATE, A SALE OR EXCHANGE OF AN INTEREST IN ANY WATCH LISTED ON THE DIGITAL SERVICES. SKATE BIDS HAS NOT EVER: (I) HELD TITLE FOR ANY ITEMS LISTED ON THE DIGITAL SERVICES, (2) INSPECTED ANY ITEMS LISTED ON THE DIGITAL SERVICES OR (3) HAD ANY ITEMS LISTED ON THE DIGITAL SERVICES IN ITS LEGAL POSSESSION.

3. Privacy Notice

In connection with your access to or use of the Digital Services, we may obtain information from you directly or about you through the Digital Services. We will use your information in accordance with our Privacy Notice, which describes our privacy practices as well as choices you may have with respect to the collection & processing of some of your information. Please take a moment to review our Privacy Notice. The Privacy Notice is incorporated into this Agreement & forms part of the Agreement.

4. Accuracy of Your Information & Communication Methods

The information you submit to us through the Digital Services, including as part of your account creation, registration or membership, or for any listings, must be truthful, accurate & current. You are responsible for maintaining the accuracy of such information. If we believe that your information is not truthful, accurate or current, we have the right to terminate, suspend or refuse you access to the Digital Services.

We may send you information relating to your use of the Digital Services (e.g., payment authorizations, invoices, changes in password or payment method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration, if applicable. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

5. Age Eligibility & Legal Capacity

The Digital Services are not intended for access or use by children, especially those under the age of 13. If you are under the age of 13, you may not access or use the Digital Services or provide information to us.

By accessing or using the Digital Services, you represent that you have legal capacity to enter into this Agreement & to fulfill your obligations set out in this Agreement. If you are not of an age old enough to enter into contracts in your state (i.e., a minor), you need to review this Agreement with your parent or guardian before using the Digital Services; if your parent or guardian does not agree with the Agreement as applied to you, then you are not authorized to access or use the Digital Services.

6. Your Account; Username, Password & Other Credentials

(a) You may set up an account to access or use the Digital Services. You are responsible for maintaining the confidentiality of your username, password & other credentials (your “Credentials”) that you may be asked to create to access the Digital Services or certain features or portions thereof. We are not responsible for any misuse of your Credentials by any third party, whether authorized by you or not. You agree to immediately notify Skate Bids  of any actual or suspected unauthorized use of your Credentials or any other breach of security. We are not responsible or liable for any loss or damage resulting from unauthorized use of your Credentials or for your failure to follow the requirements set out in this Agreement.

(b) Skate Bids  may in its sole discretion maintain different types of accounts for different types of Users. If you open an account to use or Access the Digital Services on behalf of a company, organization or other entity, then (i) “you” includes you & that entity, & (ii) you represent & warrant that you are an authorized representative of the entity with the authority to bind the entity to the Agreement & that you agree to the Agreement on the entity’s behalf.

7. Intellectual & Other Proprietary Rights

The rights granted to you in this Agreement are subject to the following restrictions:

• The Digital Services include Content that is derived in whole or in part from content or materials supplied & owned by Skate Bids, Skate Bids’ licensors or third parties. As between Skate Bids & you, Skate Bids owns all right, title & interest in & to the copyrights, trademarks, service marks, trade names, patents & all other intellectual & proprietary rights throughout the world associated with the Digital Services & Content except, if applicable, with respect to your User Content (as defined below).
• You acknowledge Skate Bid’s valid intellectual & proprietary property rights in the Digital Services & Content & that your use of the Digital Services is limited to accessing, viewing & downloading of the Digital Services & Content, as authorized by Skate Bids. Nothing in this Agreement shall be deemed to convey to you any right, title or interest into such intellectual & proprietary property rights or to the Digital Services or Content, or to any portion thereof, except for the limited rights expressly granted herein.
• You may not either directly or through the use of any computer, tablet, phone or other device (each a “Device”) or other means (including the use of a browser, software, program or code), remove, alter, interfere with or circumvent (i) any copyright, trademark, or other proprietary notices marked on the Digital Services or Content, or (ii) any digital rights management mechanism, device, or other content protection or access control measure associated with the Digital Services or Content. You may not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Digital Services (including any code used in any software) or Content.
• You may not either directly or through the use of a Device or other means copy, download, stream, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Digital Services or Content unless expressly permitted by Skate Bids in writing. You may not incorporate the Digital Services or Content into, or stream or retransmit the Digital Services or Content via, any hardware or software application or make the Digital Services or any Content available via frames or in-line links, & you may not otherwise surround or obfuscate the Digital Services or Content with any third-party content, materials or branding. You may also not use any software robots, spider, crawlers, or other data gathering or extraction tools, whether automated or manual, to access, acquire, copy, monitor, scrape or aggregate the Digital Services, Content or any portion thereof. You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on the Digital Services or its servers & infrastructures.
• You may not build a business, in whole or in part, resell, redistribute, recirculate or make any other commercial use of, or create derivative works or materials utilizing any portion of the Digital Services (including any code used in any software) or Content, whether or not for profit.
• To the extent we make the Digital Services or Content available to you via a widget, embedded player or other technology that allows you to embed or stream Content on or to another online service, you may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of such technology, any digital rights management mechanism, device, or other content protection or access control measure associated with Content.
• You are prohibited from disabling, modifying, interfering with or otherwise circumventing any technology to view the Digital Services or Content without: (i) displaying visibly both Content & all surrounding elements & (ii) having full access to all functionality permitting viewing of Content, including, without limitation, all video quality & display functionality, & interactive or click-through functionality.

Any future release, update, or other addition to functionality of the Digital Services or Content shall be subject to this Agreement. All copyright & other proprietary notices on any Digital Services content or materials must be retained on all copies thereof. Modification or use of the Digital Services (including any content or materials published thereon) for any purpose not permitted by this Agreement is prohibited & may be a violation of the copyrights and/or trademarks protected by law & this Agreement.

If you provide Skate Bids any feedback or suggestions for improving or regarding your use of the Digital Services (“Feedback”), you hereby assign to Skate Bids all rights in the Feedback & agree that Skate Bids shall have the right to use such Feedback & related information in any manner it deems appropriate. Skate Bids will treat any Feedback you provide to Skate Bids as non-confidential & non-proprietary. You agree that you will not submit to Skate Bids any information or ideas that you consider to be confidential or proprietary.

8. User Content

“User Content” means any & all information & content that a User submits to, or uses with, the Digital Services (e.g., photos, audio, video, messages, text, files, or other content you provide us, including any listings that appear on the Digital Services (regardless of any role that Skate Bids has in the listing)), except any Feedback. You are solely responsible for your User Content. User Content may include unsolicited or invited submissions. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Skate Bids. Because you alone are responsible for your User Content (including backing up your data), you may expose yourself to liability. Under no circumstance will Skate Bids be liable for any inaccuracy or defect in any User Content.

You hereby grant, & you represent & warrant that you have the right to grant, to Skate Bids an irrevocable, nonexclusive, royalty-free & fully paid, worldwide license to reproduce, distribute, publicly display & perform, prepare derivative works of, incorporate into other works, & otherwise use your User Content, & to grant sublicenses of the foregoing, for any lawful purpose. You agree to irrevocably waive (& cause to be waived) any claims & assertions of moral rights or attribution with respect to your User Content.

Because we do not control User Content, you acknowledge & agree that we are not responsible for any User Content & we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, & we assume no responsibility for any User Content. Your interactions with other Users of the Digital Services are solely between you & such User. You agree that Skate Bids will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you & any User of the Digital Services, we are under no obligation to become involved. We are not a party to any watch sale contract between any Buyer & Seller that originates on or through the Digital Services & you are solely responsible for any of your interactions with other Users (including transacting for a Purchase involving a watch). Additionally, you acknowledge that other Users may post comments about your User Content which may be derogatory, & Skate Bids has no obligation to monitor or delete any such User Content. Skate Bids may remove or modify any User Content without notice or liability at any time in Skate Bids’s sole discretion. We reserve the right, but have no obligation, to monitor disputes between you & other Users. Skate Bids shall have no liability for your interactions with other Users, or for any User’s action or inaction.

9. User Submissions

Unsolicited Submissions

You agree that we may use information/User Content you provide us through emails, Q&A, blogs, forums, polls, or through any other User generated submission, & may use your name & any stories you provide us in articles or other features published on the Digital Services or in our publications, advertising or sponsored content. If you provide us with personal anecdotes, they may be attributed to you. Skate Bids can edit, rewrite, use, & reuse the User Content, including your name, likeness, photograph, & biographical information you provide, with or without attribution, including publication in the Digital Services or our publications, advertising or sponsored content.

Invited Submissions

From time to time, the Digital Services may expressly request submissions of concepts, stories, or other potential content from you (“Invited Submissions”). Please carefully read any specific rules or other terms & conditions that appear in connection with such Invited Submissions as such terms & conditions will govern the submissions & may affect your legal rights. If no such additional terms govern those submissions, then this Agreement will apply in full to any Invited Submissions you make. IN ANY EVENT, ANY MATERIAL YOU SEND TO US WILL NOT BE TREATED AS CONFIDENTIAL. Regardless of any industry custom or practice, we will not pay you for the use of any content that you submit to through the Digital Services.

10. Enforcement

If we become aware of a User’s violation of this Agreement, including the rights of any other User or third party, we may take certain remedial steps, including refusing access to the Digital Services to any person or entity & change eligibility requirements at any time.

If we become aware that any of our Users has repeatedly infringed the proprietary rights of any third party, we may take steps to terminate that User’s access to the Digital Services. We reserve the right (but have no obligation) to review information we obtain from or about you & your use of the Digital Services, to investigate, and/or to take appropriate action against you in our sole discretion. Such acts may include removing or modifying your User Content, terminating your access to the Digital Services (including any User account, registration or membership), legal action and/or reporting you to law enforcement authorities. If Skate Bids elects to modify User Content, Skate Bids nonetheless assumes no responsibility for the User Content.

Skate Bids reserves the right to investigate suspected violations of this Agreement, including without limitation, any violation arising from any information obtained about you (including unsolicited or invited submissions), postings or emails you make on or send through the Digital Services. Skate Bids may seek to gather information from the User who is suspected of violating this Agreement & from any other User. Skate Bids may suspend any Users whose conduct or postings are under investigation & may remove such material from its servers as it deems appropriate & without notice. If Skate Bids believes, in its sole discretion, that a violation of this Agreement has occurred, it may edit or modify any submission, posting or emails, remove the material permanently, cancel postings, warn Users, suspend Users & passwords, terminate accounts, or take other corrective action it deems appropriate. Skate Bids may cooperate with law enforcement authorities or court order requesting or directing Skate Bids  to disclose the identity of anyone posting any emails or publishing or otherwise making available any materials that are believed to violate this Agreement. BY ACCEPTING THIS AGREEMENT, YOU WAIVE & HOLD HARMLESS SKATE BIDS (& ITS AFFILIATES, SERVICE PROVIDERS, PARTNERS & ITS & THEIR RESPECTIVE CO-BRANDERS, LICENSORS, PAYMENT PROCESSING PARTNERS, OTHER PARTNERS & OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, & AGENTS) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SKATE BIDS (& ITS AFFILIATES, SERVICE PROVIDERS, PARTNERS & ITS & THEIR RESPECTIVE CO-BRANDERS, LICENSORS, PAYMENT PROCESSING PARTNERS, OTHER PARTNERS & OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, & AGENTS) DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER SKATE BIDS OR LAW ENFORCEMENT AUTHORITIES.

11. Your Conduct & Responsible Use of the Digital Services

Please act responsibly when using the Digital Services. The following rules are a condition of your access to or use of the Digital Services & Content:

• No Criminal or Unlawful Conduct. You may only use the Digital Services & Content (including any information contained therein) for lawful purposes, in accordance with this Agreement, applicable laws & regulations, & obligations or restrictions imposed by any third party. You may not encourage conduct that would constitute a criminal offense or give rise to civil liability.
• Your Materials Must be Lawful & Appropriate. You may not store, upload, post, transmit or otherwise distribute or facilitate the distribution of any unlawful, harmful, threatening, abusive, harassing, libelous, defamatory, obscene, pornographic, profane, indecent, invasive of another person’s privacy or otherwise inappropriate User Content or other material or information of any kind, including, without limitation, any images or other material of a sexual nature, harmful to minors in any way, or that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability. You recognize that storing, distributing or transmitting unlawful User Content, material or information could expose you to criminal and/or civil liability.
• Content Posted by You Must be Yours. You may not store, upload, post, transmit or otherwise distribute or facilitate the distribution of User Content, material or information that is fraudulent or infringes the rights of any third party, including without limitation, patent, trademark, copyright, right of publicity or other proprietary rights. You agree that if a third-party claim that User Content, material or information you have posted on or contributed to the Digital Services is unlawful, you will bear the burden of establishing that it is lawful. You understand & agree that all User Content, material or information publicly posted or privately transmitted on or through the Digital Services are the sole responsibility of the sender, not Skate Bids , & that you are responsible for all User Content, material or information you upload, publicly post or otherwise transmit to or through the Digital Services. If we become aware that any of our Users has infringed the proprietary rights of any third party, we may take steps to terminate that User’s access to our Digital Services. If any third party provides you compensation or other value for your User Content, you are responsible for making any appropriate or required disclosures regarding such compensation or other value.
• No Collection of Personal Information from Others. You may not, through manual or automated means, collect, harvest, gather, assemble or store personal information about other Users of the Digital Services (including their email addresses or other contact information) without their explicit consent. You may not use any such information to transmit or facilitate transmission of unauthorized or unsolicited advertising, junk or bulk email, chain letters, or any other form of unauthorized solicitation. You agree not to send, create, or reply to so called mailbombs (i.e., emailing copies of a single message to many Users, or sending large or multiple files or messages to a single User with malicious intent) or engage in spamming (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of the Digital Services by any other User or third party, including placing malware on the Digital Services.
• No Bullying, Impersonation or Interference. You may not use the Digital Services to threaten, abuse, harass, or invade the privacy of any other User or third party. You may not impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with Skate Bids  or with any other person or entity. You may not restrict, inhibit or interfere with any other User or third party from using or enjoying the Digital Services.
• No System Abuse. You may not upload, post or otherwise distribute or facilitate the distribution of a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of the Digital Services, any other online services, or to obtain unauthorized access to the Digital Services or Content or any data or other information of any third party. You may not interfere with, disrupt, or create an undue burden on servers or networks connected to the Digital Services.
• No Violations of Security Systems. You are prohibited from using the Digital Services to compromise the security or tamper with, or gain unauthorized access to, the Digital Services, Content, online accounts or any other computer systems, resources or networks. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, malware, or network probing tools) is strictly prohibited. If you become involved in any violation of systems security, Skate Bids reserves the right to release your details to relevant third parties, law enforcement and/or governmental authorities in order to assist them in resolving security incidents.
• No Transmission of Fraudulent Funds. In the course of sending payments, whether to us or to Sellers, you shall not transmit what we believe to be potentially fraudulent funds.
• No Violation of Payment Card Rules. You shall not use your user account or the Digital Services in a manner that we, Visa, MasterCard, American Express, Discover or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules.
• Cooperation. You must not refuse to cooperate in any investigation or refuse to provide confirmation of your identity or any information you provide to use.
• No Circumvention. You may not circumvent any Skate Bids determinations about your user account such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to open new or additional user account(s) when an account has been restricted, suspended or otherwise limited; opening new or additional user accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else’s user account.

We may require, at any time, proof that you are following these rules. We reserve the right to take, or refrain from taking, any & all steps available to us, once we become aware of any violation of this Agreement, including the following:

• Terminate this Agreement, limit your user account, and/or close or suspend your user account, immediately & without penalty to us;
• Refuse to provide the Digital Services to you in the future;
• Limit your access to your user account or any of Digital Services, including limiting your ability to pay with any of the payment methods linked to your User account;
• Update inaccurate information you provided us; or
• Take legal action against you.

If you’ve violated this Agreement, then you’re also responsible for damages to Skate Bids caused by your violation of this Agreement.

If we close your user account or terminate your use of Digital Services for any reason, we’ll provide you with notice of our actions.

You are responsible for all claims, fees, fines, penalties & other liability incurred by Skate Bids, any user account holder, or a third party caused by or arising out of your breach of this Agreement, and/or your use of Digital Services.

12. Availability of & Modification to the Digital Services & Content

We do not guarantee that any or all of the Digital Services or any Content will be made available through the Digital Services. We may change, modify, edit, suspend, discontinue or otherwise manipulate the Digital Services, Content or any part, feature or service of the Digital Services at any time with or without notice to you. You agree that S

kate Bids will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Digital Services, Content or any part there

13. Release

If you have a dispute with one or more Users of the Digital Services (including merchants) or any other third parties, you release Skate Bids (& its affiliates, service providers, partners, & its & their respective co-branders, licensors, payment processing partners, other partners & officers, directors, employees, contractors, & agents) from claims, demands, liabilities, costs, or expenses & damages (actual & consequential of every kind & nature, known & unknown, arising out of or in any way connected with such disputes). In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

14. Indemnity

You agree to indemnify & hold Skate Bids (& its affiliates, service providers, partners, & its &d their respective co-branders, licensors, payment processing partners, other partners & officers, directors, employees, contractors, & agents) harmless from any & all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost & expenses (including, without limitation, costs & reasonable attorneys’ & accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any User or third party (each, a “Claim”) due to or arising out of (a) your use of the Digital Services or Content, (b) information you provide or we obtain about you & your use of the Digital Services, (c) your violation of this Agreement; (d) your violation of applicable laws or regulations or (e) the actions or inactions of any third party to whom you grant permission to use your user account to access the Digital Services (including the sharing of your Credentials). Skate Bids reserves the right, at your expense, to assume the exclusive defense & control of any Claim for which you are required to indemnify us, & you agree to cooperate with our defense of these Claims. You agree not to settle any matter without the prior written consent of Skate Bids. Skate Bids will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

15. Disclaimers

THE DIGITAL SERVICES ARE PROVIDED “AS-IS” & “AS AVAILABLE” & WE (& OUR SERVICE PROVIDERS) EXPRESSLY DISCLAIM ANY WARRANTIES & CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (& OUR SERVICE PROVIDERS) MAKE NO WARRANTY THAT THE DIGITAL SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.

SKATE BIDS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE DIGITAL SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, & SKATE BIDS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU & THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. SKATE BIDS CANNOT ENSURE THAT A BUYER OR SELLER YOU ARE DEALING WITH WILL ACTUALLY COMPETE THE TRANSACTION OR HAS AUTHORIZATION TO DO SO.

AS PART OF THE DIGITAL SERVICES, SKATE BIDS MAY ASSIST SELLERS IN THE CREATION OF THEIR LISTINGS (INCLUDING THE CONTENT OF SUCH LISTING) BUT IT REMAINS EACH SELLER’S RESPONSIBILITY TO MAKE SURE THAT ITS LISTINGS ARE ACCURATE. WHILE WE TRY TO MAKE SURE THAT ALL INFORMATION (INCLUDING PRICES) ABOUT A WATCH OR ANY OTHER PRODUCT OR SERVICE MADE AVAILABLE ON OR THROUGH THE DIGITAL SERVICES BY A SELLER ARE COMMUNICATED ACCURATELY, WE ARE NOT RESPONSIBLE FOR ERRORS (INCLUDING TYPOGRAPHICAL) THAT MAY APPEAR ON THE DIGITAL SERVICES (INCLUDING IN ANY LISTINGS). IF THERE IS INCORRECT OR MISLEADING INFORMATION GIVEN ABOUT THE PRICE, AVAILABILITY, DESCRIPTION OR CONDITION OF A PRODUCT OR SERVICE (INCLUDING, WITH RESPECT TO WATCH POSTED, THE CONDITION) DUE TO AN ERROR (INCLUDING TYPOGRAPHICAL), SKATE BIDS IS NOT RESPONSIBLE FOR SUCH ERROR OR ITS CORRECTION BUT WILL ATTEMPT TO CORRECT SUCH ERROR PROMPTLY. WE RESERVE THE RIGHT TO REFUSE OR CANCEL ANY LISTINGS FOR WATCHES OR OTHER PRODUCTS & SERVICES LISTED WITH INCORRECT OR MISLEADING INFORMATION.

DUE TO THE INHERENT NATURE OF THE INTERNET, WE CANNOT GUARANTEE THAT INFORMATION, DURING TRANSMISSION THROUGH THE INTERNET OR WHILE STORED ON OUR SYSTEMS OR OTHERWISE IN OUR CARE, WILL BE ABSOLUTELY SAFE FROM INTRUSION BY OTHERS. SKATE BIDS ASSUMES NO LIABILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, HARDWARE OR NETWORK FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER CONTENT. YOU UNDERSTAND THAT IF YOU DOWNLOAD ANY MATERIAL, YOU DO SO AT YOUR SOLE RISK. SKATE BIDS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE DIGITAL SERVICES OR ANY ONLINE SERVICES LINKED TO THE DIGITAL SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. UNDER NO CIRCUMSTANCES SHALL SKATE BIDS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE DIGITAL SERVICES, ANY CONTENT POSTED ON OR THROUGH THE DIGITAL SERVICES, OR CONDUCT OF ANY USERS OF THE DIGITAL SERVICES, WHETHER ONLINE OR OFFLINE. YOU USE THE DIGITAL SERVICES AT YOUR OWN RISK. SOME AREAS OF OUR DIGITAL SERVICES OFFER ADVICE FROM A VARIETY OF PROVIDERS, WHO MAY BE AFFILIATED WITH SKATE BIDS OR MEMBERS OF THE USER COMMUNITY; SUCH ADVICE IS FOR ENTERTAINMENT ONLY & NOT AS TREATMENT OR REMEDY FOR AN INDIVIDUAL CIRCUMSTANCE. SKATE BIDS CANNOT GUARANTEE & DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE DIGITAL SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

16.Limitation of Liability

IN NO EVENT SHALL WE (& OUR AFFILIATES, SERVICE PROVIDERS, PARTNERS, & OUR & THEIR RESPECTIVE CO-BRANDERS, LICENSORS, PAYMENT PROCESSING PARTNERS, OTHER PARTNERS & OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, & AGENTS) OR OUR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER CONTRACT, IN TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY LOSS OR DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) LOST PROFIT, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE DIGITAL SERVICES INCLUDING FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, SKATE BIDS IS NOT LIABLE, & YOU AGREE NOT TO HOLD SKATE BIDS RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, PROFITS, OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM: (1) YOUR USE OF, OR YOUR INABILITY TO USE OR ACCESS THE DIGITAL SERVICES; (2) DELAYS OR DISRUPTIONS IN THE USE OR ACCESS TO THE DIGITAL SERVICES; (3) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OR USING THE DIGITAL SERVICES; (4) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN THE DIGITAL SERVICES; (5) ACTIONS, OR INACTIONS OF OTHER USERS; (6) A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR USER ACCOUNT; OR (7) YOUR NEED TO MODIFY THE INFORMATION YOU PROVIDE OR YOUR BEHAVIOR AS A RESULT OF CHANGES TO THIS AGREEMENT.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THE DIGITAL SERVICES OR THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER & REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID SKATE BIDS IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT NEITHER OUR AFFILATES, SERVICE PROVIDERS OR PARTNERS NOR THEIR RESPECTIVE CO-BRANDERS, LICENSORS, PAYMENT PROCESSING PARTNERS, OTHER PARTNERS & OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS & AGENTS WILL HAVE ANY LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO IN THOSE STATES OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

17. Third Party Services & Ads

The Digital Services might contain links to third-party websites, apps or other services (e.g., social media platforms), & advertisements for third parties (collectively, “Third-Party Services & Ads”). Such Third-Party Services & Ads are not under the control of Skate Bids & Skate Bids is not responsible for any Third-Party Services & Ads. Skate Bids provides these Third-Party Services & Ads only as a convenience & does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services & Ads. When you use Third-Party Services & Ads, you do so at your own risk. When you link to Third-Party Services & Ads, the applicable third party’s terms & policies apply, including the third party’s privacy policies.

18. Third Party Affiliate Marketing

We participate in affiliate marketing & may allow third-party affiliate links to be encoded on some of our Digital Services. This means that we may earn a commission when you click on or make purchases via third-party affiliate links.

19. Local Regulations

• Skate Bids makes no representation that the Digital Services or Content are appropriate or available for use outside the United States, its territories, possessions, & protectorates. If you choose to access the Digital Services or Content from other locations, you do so on your own initiative & at your own risk.
• You are responsible for complying with local laws, if & to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

20. Term & Termination

These Terms of Use apply to you as soon as you access the Digital Services by any means & continue in effect until they are validly terminated. As described below, some terms remain applicable even after termination.

Skate Bids may, in its sole discretion, terminate your Credentials (including your password, account (or any part thereof)) or use of the Digital Services, or remove & discard any User Content or information stored, sent, or received via the Digital Services without prior notice & for any reason or no reason, including, but not limited to: (i) permitting another person or entity to use your identification to access the Digital Services (including through the sharing of your Credentials), (ii) any unauthorized access or use of the Digital Services (including through the use of your Credentials), (iii) any violation of this Agreement, or (iv) tampering with or alteration of any of the software, data files, and/or Content contained in or accessed through, the Digital Services. You may terminate your user account for any reason or no reason. Termination, suspension, or cancellation of this Agreement or your access rights to the Digital Services shall not affect any right or relief to which Skate Bids may be entitled, at law or in equity. Upon such termination, suspension, or cancellation, all rights granted to you will automatically terminate & immediately revert to Skate Bids & its licensors & all rights granted by you to Skate Bids shall survive in perpetuity.

Notwithstanding any termination, suspension, or cancellation of this Agreement or your access rights to the Digital Services, the following provisions of this Agreement will survive: Sections 2 – 30.

21. Entire Agreement

This Agreement (including the Privacy Notice & any additional guidelines, terms, procedures or rules that may apply to a specific feature of the Digital Services) constitutes the entire agreement between you & us regarding the use of the Digital Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only & have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired & the invalid or unenforceable provision will be deemed modified so that it is valid & enforceable to the maximum extent permitted by law.

22. Changes to this Agreement

We may revise, prospectively, this Agreement by posting an updated version on the Digital Services or by providing you with notice (by email or other notification through the Digital Services). You consent & agree to receive notices of updates to this Agreement through our posting of an updated Agreement on the Digital Services. You should visit this page or section regularly to review the current version of the Agreement. Your continued use of the Digital Services will be deemed as irrevocable acceptance of any revisions.

23. Dispute Resolution (Arbitration Clause & Class Action Waiver)

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

23.1 Except for either party’s claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret, any & all disputes between you & Skate Bids arising under or related in any way to this Agreement, must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims & disputes relating to your use of any of the Digital Services.

23.2 YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU & SKATE BIDS ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU & SKATE BIDS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, & NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS & CLASS ACTIONS ARE NOT PERMITTED.

23.3 The arbitration will be governed by the Commercial Arbitration Rules & the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you & Skate Bids must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; & (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, & the hearing (if any) must take place in your choice of the following locations: Miami, FL. The arbitrator’s ruling is binding & may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in Miami, Florida. Claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall be exclusively brought in the state & federal courts located in Miami, Florida.

24. No Waiver

No failure or delay by Skate Bids in exercising any right, power or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Agreement.

25. Governing Law

This Agreement shall be governed by & construed solely & exclusively in accordance with the laws of the State of Florida, USA without giving effect to any law that would result in the application of the law of another jurisdiction.

26. Notice to California Users

Under California Civil Code Section 1789.3, California users of the Digital Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

27. Copyright Infringement Claims Policy

In accordance with the provisions of the Digital Millennium Copyright Act, 17 USC sec. 512, our Digital Services please contact us If you believe your copyright has been infringed, you may provide us with notice. To be effective, the notification must be a written communication that includes the following:

• A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity & that is to be removed or access to which is to be disabled, & information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact you, including an address, telephone number, &, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has 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; &
• A statement that the information in the notification is accurate, & under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We may give notice to our Users that we have received a notice of infringement by means of a general notice on our site, electronic mail to a User’s e-mail address in our records, or by written communication sent by first-class mail to a User’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

• Your physical or electronic signature;
  Identification of the material that has been removed or to which access has been disabled, & the location at which the material appeared before it was removed or access to it was disabled;
• A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; &
• Your name, physical address & telephone number, & a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for the judicial district in which our offices are located, & that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

We have a policy of terminating access to our Digital Services of any User who repeatedly infringes the proprietary rights of any third party.

29. Skate Bids Additional Terms & Conditions

The following additional terms & conditions apply to you if you are using an app from the Skate Bids (an “Apple App”). To the extent the other terms & conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms & conditions of this Section 29, the more restrictive or conflicting terms & conditions in this Section 29 apply, but solely with respect to Apple Apps from the Skate Bids.

Acknowledgement: Skate Bids & you acknowledge that this Agreement is concluded between Skate Bids & you only, & not with Apple, & Skate Bids , not Apple, is solely responsible for the Apple App & the content thereof. To the extent this Agreement provides for usage rules for Apple App that are less restrictive than the usage rules set forth for the Apple App in, or otherwise is in conflict with, the App Store Terms of Service, the more restrictive or conflicting Apple term applies.

Scope of License: The license granted to you for the Apple App is limited to a non-transferable license to use the Apple App on an iOS Product that you own or control & as permitted by the usage rules set forth in the App Store Terms of Service.

Maintenance & Support: Skate Bids is solely responsible for providing any maintenance & support services with respect to the Apple App, as specified in this Agreement (if any), or as required under applicable law. Skate Bids & you acknowledge that Apple has no obligation whatsoever to furnish any maintenance & support services with respect to the Apple App.

Warranty: Skate Bids is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Apple App to conform to any applicable warranty, you may notify Apple, & Apple will refund the purchase price for the Apple App to you; & to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple App, & any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Skate Bid’s sole responsibility.

Product Claims: Skate Bids & you acknowledge that Skate Bids, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple App or your possession and/or use of the Apple App, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple App fails to conform to any applicable legal or regulatory requirement; & (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit Skate Bid’s liability to you beyond what is permitted by applicable law.

Intellectual Property Rights: Skate Bids & you acknowledge that, in the event of any third-party claim that the Apple App or your possession & use of the Apple App infringes that third party’s intellectual property rights, Skate Bids, not Apple, will be solely responsible for the investigation, defense, settlement & discharge of any such intellectual property infringement claim.

Legal Compliance: You represent & warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; & (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Developer Name & Address: Skate Bid’s contact information for any end-user questions, complaints or claims with respect to the Apple App is: support@skatebids.com

Third Party Terms of Agreement: You must comply with applicable third-party terms of agreement when using the Apple App.

Third-Party Beneficiary: Skate Bids & you acknowledge & agree that Apple, & Apple’s subsidiaries, are third-party beneficiaries of this Agreement, & that, upon your acceptance of the terms & conditions of this Agreement, Apple will have the right (& will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.