My Skoobi Creative Incorporated (My Skoobi) provides publishing services that allow its customers to create, design and print professional quality Notebooks.
This Terms and Conditions Agreement (“Agreement”) sets forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by this Agreement.
You represent and warrant that you are authorized to enter into this Agreement on behalf of yourself and/or the entity that you purport to represent.
Amendments. My Skoobi may modify this Agreement from time to time and such modification shall be effective: (1) for Users who first use the Services after the posting, upon posting by My Skoobi on the Website, (2) for existing Users, thirty (30) days after posting by My Skoobi on the Website. If you do not agree to the modification, you must cease your use of the Services.
1. Eligibility. By using the Services, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are thirteen (13) years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your My Skoobi Account (the “Account”) may be deleted without warning if we believe that you are younger than thirteen (13).
2. Term. This Agreement shall remain in full force and effect while you use the Services or are a Member. You may delete your Account and end your membership at any time. MY SKOOBI MAY TERMINATE YOUR MEMBERSHIP AT ANY TIME AND FOR ANY REASON, EFFECTIVE UPON SENDING NOTICE TO YOU AT THE THEN-CURRENT E-MAIL ADDRESS IN YOUR ACCOUNT PROFILE. Even after any termination, Sections 8 through 21 of this Agreement will remain in effect. You understand that termination of this Agreement and your Account involves deletion of your My Skoobi profile information from our live databases as well as any Content that you uploaded to the My Skoobi Website using such Account. My Skoobi will not have any liability whatsoever to you for any termination of your Account or related deletion of your information.
3. Fees. You acknowledge that My Skoobi reserves the right to charge for Services and to change its fees from time to time in its discretion, upon posting by My Skoobi on the Website. Upon using the Services, you will be responsible for the payment of any applicable fees, and shall pay such fees to My Skoobi as set forth on the Website.
4. Conditions of sale.
4.1 Eligibility; Credit Card Terms. To order any Notebooks you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction. You will be required to give us a valid credit card number (VISA, MasterCard, American Express or any other issuer then accepted by us) and associated payment information at the time you order Notebooks or any other products hereunder, including all of the following: (i) your name as it appears on the card, (ii) the credit card type, (iii) the date of expiration of your credit card, (iv) billing address, and (v) any activation numbers or codes needed to charge your card. My Skoobi currently does not accept cash, checks or any other payment form, although in the future we may change this policy. Your credit card issuer agreement governs your use of your designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. You agree that no additional notice or consent is required before My Skoobi invoices the credit card for all amounts due and payable. By providing My Skoobi with your credit card number and associated payment information, you agree that My Skoobi is authorized to immediately invoice your account for all fees and charges due and payable to My Skoobi as a result of your purchase of any Notebooks or other products. You agree to immediately notify My Skoobi of any change in your billing address or the credit card used for payment hereunder. My
Skoobi reserves the right, at any time, to change its prices and billing methods for Notebooks and other products sold, either immediately upon posting on the Website, or by e-mail delivery to you.
4.2 Fees and Charges. You agree to pay all fees and charges incurred in connection with your orders and purchases (including any taxes imposed on your orders and purchases, including, but not limited to, sales, use or value-added taxes) at the rates in effect when the charges were incurred. My Skoobi may automatically charge and withhold such taxes for orders to be delivered to addresses within any jurisdictions that it deems is required. When you order Notebooks or other products for overseas delivery, you may be subject to import duties and taxes, which are levied when the package with the Notebooks or products arrives at the destination that you specified. Any charges for customs clearance have to be borne by you, as My Skoobi has no control over such charges and cannot foresee the amount charged (if any). Since customs policies vary from country to country, you should contact the customs office in the country where you have us ship your Notebooks or other products to get more information. Please be also aware that you are considered the importer of record and must comply with all laws and regulations of such country.
4.3 Disputes. You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement, or such dispute will be deemed waived. Billing disputes should be notified to the following address: My Skoobi Customer Service, 1382 St. Patrick Street, Victoria B.C., Canada V8S 4Y4 or via My Skoobi’s help desk. If My Skoobi does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by My Skoobi or its agents.
4.4 Returns. All sales of Notebooks and other products are subject to My Skoobi’s then-current return policies, as posted on the Website.
5. Order acceptance policy. Your receipt of an electronic or other form of order confirmation does not signify My Skoobi’s acceptance of your order, nor does it constitute confirmation of our offer to sell. My Skoobi reserves the right at any time after receipt of your order to accept or decline your order for any reason. My Skoobi further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by My Skoobi upon our delivery of the products that you have ordered. We may require additional verifications or information before accepting any order.
6. Title and Risk of Loss. All sales of Notebooks and other products are made Ex Works (Incoterms 2000) My Skoobi’s designated point of shipment, and title and risk of loss to each shipment of the Notebooks and other products shall pass to you when My Skoobi makes such shipment available to a carrier.
7. Password. When you sign up to become a Member, you will also be asked to choose a username and a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Account, username, or password of another Member at any time. You agree to notify My Skoobi immediately if you suspect any unauthorized use of your Account or access to your password. You are solely responsible for any and all use of your Account.
8. Your Notebook Content.
8.1 Definitions. “Content” includes text, files, design templates, images, photos, works of authorship, and other material. Your “Notebook Content” includes Content that you include in the Notebooks, submit to My Skoobi for Notebooks and print services, or that you contribute to the Notebooks of other Members. MY SKOOBI HAS NO OWNERSHIP OF ANY OF YOUR NOTEBOOK CONTENT.
8.2 Ownership of Your Notebook Content. You represent and warrant that: (i) you own or otherwise have the right to grant the licenses set forth in this section for the Notebook Content that you provide to and post on the Services, contribute to other Members, or provide for our print services to have them printed in a Notebook, and (ii) your Notebook Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person or entity.
8.3 Submission of Your Notebook Content. You may use the My Skoobi online order processing tools or direct mail service to submit your Notebook Content to My Skoobi for publication.
8.4 License. In order for My Skoobi to be able to provide you with our Services, you hereby
agree to provide us with the following licenses to use your Notebook Content:
8.4.1 License to print your Notebooks. You hereby grant to My Skoobi a non-exclusive, worldwide, fully-paid and royalty-free license (a “License”) to reproduce and distribute your Notebook Content for the purpose of printing the Notebooks that you order. You agree that My Skoobi reserves the right to maintain the electronic files for any Notebook(s) to fulfill any further orders which may be placed for such Notebook(s) and to maintain an archival copy of the printed Notebook.
8.4.2 License to use your Notebook Content for optional My Skoobi features. In the event you decide to use any optional feature that My Skoobi may offer, such as allowing others to search for and see an electronic preview of your Notebook(s) or applications to use the Services in connection with other services and online communities, you hereby grant to My Skoobi a License to reproduce, distribute, publicly display, use, and otherwise make available the designated Notebook(s), any Notebook Content therein, and any other data and information you provide in connection with the optional feature, as required for My Skoobi to provide such optional feature.
9. My Skoobi Content. The Services contain Content of My Skoobi and its licensors (“My Skoobi Content”). My Skoobi and its licensors (including Users) own and retain all proprietary rights in the My Skoobi Content and the Services. My Skoobi hereby grants you a limited, revocable, non-sublicensable license to reproduce and publicly display the My Skoobi Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services. Except as provided in the previous sentence, you shall not reproduce, distribute, publicly perform (including by means of digital audio transmission), publicly display, create derivative works of, and otherwise use the My Skoobi Content.
10. Other Content. You hereby grant to My Skoobi an irrevocable, perpetual, nonexclusive, fully-paid and royalty-free license (with right to sublicense) to use, create derivative works, reproduce, distribute and publicly display any Content, other than your Notebook Content, that you upload, post, email, transmit or otherwise make available on the Website (“Other Content”).
11. Your Content and Activity. You are solely responsible for any and all Notebook Content and Other Content that is posted by or through your Account on any Services (including any Content that you may have received by third parties) including any e-mail, or included in Notebooks submitted by you for print services, and for your interactions with other Users. You agree that My Skoobi retains the right to create limits on My Skoobi's archiving of such data, including but not limited to the right to delete such data after a certain period without a purchase or to charge for extended storage of such data.
11.1 Prohibited Content. You agree that you will not post, submit for print services, or otherwise provide to the Services, any Prohibited Content. “Prohibited Content” includes Notebook Content or Other Content that: (i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) bullies, harasses, or advocates stalking, bullying, or harassment, of another person; (iii) involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing, or “spamming,”; (iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) promotes, reproduces, performs or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright or trade secret law, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music or links to pirated music files; (vi) is involved in the exploitation of persons under the age of 13 in a sexual or violent manner, or solicits personal information from anyone under 13; (vii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses and other harmful code; (viii) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users; (ix) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; (x) violates any applicable law, including, but not limited to laws and regulations governing export control, unfair competition, anti-discrimination and false advertising; (xi) involves commercial activities that are detrimental to the interests of My Skoobi; or (xii) otherwise violates this Agreement or creates liability for My Skoobi. MY SKOOBI RESERVES THE RIGHT TO REFUSE TO PRINT ANY NOTEBOOK THAT CONTAINS CONTENT THAT IT DETERMINES IN IT SOLE DISCRETION IS PROHIBITED CONTENT, and you agree to
indemnify and hold My Skoobi and its subsidiaries, affiliates, officers, employees, suppliers, service providers, and partner companies harmless for any claims, losses, liabilities and expenses arising out of or relating to any breach of this section.
11.2 Your Profile. Any Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post or submit for print services a photograph of another person without that person’s permission.
11.3 Member Interaction. You will not use (a) the Services and (b) any information obtained from the Services in order to harass, abuse, send Spam to, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent.
11.4 No Disruption. You will not: (i) cover or obscure the banner advertisements that might be placed on your personal profile page, or any My Skoobi page via HTML/CSS, scripting, or any other means, if any; (ii) interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services; or (iii) introduce software or automated agents to the Services, generate automated messages, or to strip or mine data from the Services.
11.5 Miscellaneous. You will not attempt to impersonate another User or person, including any employee of My Skoobi. You will use the Services in a manner consistent with any and all applicable laws and regulations.
11.6 Enforcement by My Skoobi. My Skoobi has the right (but not the obligation) to review any Content and delete any Content that in the sole judgment of My Skoobi violates this Agreement; is Prohibited Content, is illegal, violates the rights, harms, or threatens the safety of any User or any other person; or creates liability for My Skoobi, its suppliers, service providers, partner companies, or any User. My Skoobi reserves the right (but has no obligation) to investigate and take action in its sole discretion against you if you violate this provision or any other provision of this Agreement, including without limitation, removing Prohibited Content from the Services, terminating your membership, reporting you to law enforcement authorities, and taking legal action against you.
12. Copyright Policy. It is My Skoobi’s policy to terminate membership privileges of any Member who repeatedly infringes copyright upon prompt notification to My Skoobi by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied or used in any Notebook in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the location on the Service of the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for My Skoobi’s Copyright Agent for notice of claims of copyright infringement is as follows:
My Skoobi, Inc
Attn: Copyright Agent.
Wilson Marshall Law Corporation 200-911 Yates Street
Victoria, BC V8V 4X3
13. Third Parties and Other Users.
13.1 Third Party Content. Content from other Users, advertisers, and other third parties is made available to you through the Services. Because My Skoobi does not control such Content, you agree that My Skoobi is not responsible for any such Content, including advertising and information about third party products or services. Because My Skoobi does not have control over such Content, My Skoobi makes no guarantees about the accuracy, currency, suitability, or quality of such Content, and My Skoobi assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Users, advertisers, and third parties.
13.2 Responsibility. Your interactions with other Users or third parties, or with advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User,
the advertiser, or third party. The foregoing also applies to any interaction between Members (including the contribution and/or receipt of any Content) in the course of using the Services’ functionality to make contributions to the Notebooks of other Members and to receive contributions from other Members to your own Notebooks (please see also the next section). You agree that My Skoobi will not be responsible for any loss or damage incurred as the result of any such interactions and dealings listed in this section or with respect to any other User’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including any User), My Skoobi is under no obligation to become involved; however, My Skoobi reserves the right to monitor disputes between you and other Users.
14. Limited Warranty.
14.1 Limited Warranty for Notebooks. My Skoobi warrants that, subject to minor differences across products and printing partners as described in My Skoobi’s Return Policy, Notebooks will be free of any defects in materials and workmanship. My Skoobi will, at its own expense and at its sole obligation and your exclusive remedy, replace any defective Notebooks which you report to My Skoobi via My Skoobi’s Order Support within fourteen (14) days of your receipt thereof.
14.2 Exceptions to Warranty. My Skoobi does not proof, edit or change any of the Content in the Notebooks that you post or submit for print services. As a result, the foregoing limited warranty does not include the obligation to correct (a) typographical errors, mistakes in grammar, unfinished text or other text errors; (b) low resolution images that may appear blurry in print; (c) design issues, including Notebook format, organization, style, color and page layout; or (d) any other creative choices that you make related to the Notebook. YOUR NOTEBOOK CONTENT CANNOT BE EDITED ONCE IT IS UPLOADED TO THE WEBSITE. Therefore, you agree that you will not upload Notebook Content unless it has been fully proofed and you are satisfied that it is ready to be published. My Skoobi is not responsible for any incorrect or inaccurate Content (including any profile information) posted on the Services, whether caused by Users, Members or by any of the equipment or programming associated with or utilized in the Services. My Skoobi assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or User communication. My Skoobi is not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Website or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation in connection with the Services. Under no circumstances shall My Skoobi be responsible for any loss or damage, including personal injury or death, resulting from use of the Services or from any Content posted on the Website or transmitted to Users, or any interactions between Users of the Services, whether online or offline.
14.3 Disclaimers. TO THE EXTENT LEGALLY PERMITTED UNDER THE APPLICABLE LAWS,THE SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 12.1 ABOVE
15. Limitation on Liability. TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, MY SKOOBI SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF MY SKOOBI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE MY SKOOBI’s LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF MY SKOOBI OR ITS AGENTS OR EMPLOYEES, OR FOR DEATH OR PERSONAL INJURY.
16. Release. You hereby release My Skoobi, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with other Users.
If you are a California resident, you hereby waive California Civil Code Section 1542, which
states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
17. Indemnity. You agree to defend, indemnify, and hold My Skoobi, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from your breach of any provision of this Agreement.
18. Electronic communications. The communications between you and My Skoobi use electronic means, whether you visit the Website or send My Skoobi e-mails, or whether My Skoobi posts notices on the Website or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from My Skoobi in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that My Skoobi provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. The foregoing does not affect your statutory rights.
19. Governing Law and Arbitration. This Agreement shall be governed by the laws of the Province of British Columbia without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
21. Notices. My Skoobi may give any notice required by this Agreement by means of a general notice on the Website, electronic mail to your e-mail address on record with My Skoobi, or by written communication sent by first class mail or pre-paid post to your address on record with My Skoobi. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email). You may give notice to My Skoobi, addressed to the attention of its Chief Operating Officer (such notice shall be deemed given when received by My Skoobi) at any delivered by nationally recognized overnight delivery service or first class postage prepaid mail to My Skoobi at the following address: Chief Operating Officer, My Skoobi, Inc., 1382 St. Patrick Street, Victoria B.C., Canada V8S 4Y4.
22. Force Majeure. A party will not be liable for non-performance or delay in performance (other than of obligations regarding payment of money) caused by any event reasonably beyond the control of such party including, but not limited to wars, hostilities, revolutions, riots, civil commotion, national emergency, epidemics, fire, flood, earthquake, force of nature, explosion, embargo or any “act of God.”
24. Copyright/Trademark Information. Copyright © 2010, My Skoobi Creative Inc. All rights reserved. The trademarks, logos and service marks (“Marks”) displayed on the Website are the property of My Skoobi or other third parties. You are not permitted to use these Marks without the prior written consent of the third party that owns the Mark.
Please be aware that My Skoobi is a publishing services provider. We provide users with tools and services that enable them to publish their own Notebooks.
We are not a publisher, and we do not review or correct user-generated content.
Users are expected to comply with the Terms and Conditions of the My Skoobi web site. We
reserve the right to remove content that does not comply with these agreements, and/or to deny service to users who do not comply with these agreements