This website is operated by Pro Shop Holdings, Inc. ("Pro Shop"). These Terms of Service ("Terms") apply to your use of our website at The Skins Game, as well as its affiliated websites, social media profiles, any mobile applications, and other digital platforms (collectively, the "Site").
By accessing, viewing, purchasing or otherwise using the content, material, products, or services available on or through the Site (collectively, the "Services"), you certify that you have read, understand, and agree to be legally bound by these Terms, as well as our Privacy Policy.
This agreement provides important information to you, including information about your obligations, our limitation of liability to you, and your agreement to resolve any disputes by individual arbitration and to waive the right to participate in a class action.
We may change these Terms at any time, for any reason at our sole discretion and without notice. The current terms will always be available through the Site. If you continue to use the Site after the effective date of a change to the Terms, that means you have accepted and agree to the changed terms.
THE SITE IS TARGETED TO PEOPLE AGE 18 OR OLDER. Pro Shop will not willingly or knowingly collect personal information from a minor. If you are a parent or guardian and you allow your child to use the Site, you agree that you and your child will comply with these Terms, and you are legally responsible for any conduct of your child with respect to it.
We respect your privacy and share your concern about its protection. The Privacy Policy is a part of these Terms and is incorporated in these Terms by reference. Please review the policy to make sure you understand how we may collect, use and protect information that we learn about you as a result of what you do on the Site.
By "Content," we mean basically everything you can see on the Site: pictures, video, audio, articles, features, stories, podcasts, messages, posts, comments, and more.
Our Content:
Everything that we put on the Site we either own or have the right to use it from whoever does own it. It's all protected by the copyright laws, trademark laws, and various other laws. Subscribing to, using and following the Site does not give you ownership of any of the content, in any way.
User Content:
All content that is posted to the Site by a user is the sole responsibility of the user who originated it. By posting or contributing any content, you give us the perpetual right to display it and use it. We don't have to keep using or displaying it on the Site, but we can, forever.
All trademarks, service marks, trade dress, logos, copyrights, design rights, trade secrets, rights to databases and compilations, and other intellectual property rights in and to the Site and the materials displayed on the Site are owned by us or by third parties who have given us permission to display it. You agree not to copy, download, distribute, make derivative works, or make any unauthorized commercial use of the IP displayed on the Site.
We welcome your feedback, comments and suggestions. If you choose to contribute by providing comments or sending us ideas for products, services, features, or other materials, then by sending Feedback to us, you agree that we have no obligation to review, consider, or implement your Feedback, and you irrevocably grant us perpetual and unlimited permission to use the Feedback for any purpose.
In order to access certain Services, you may be asked to register and create an account. You are responsible for ensuring that your password and account login are kept secret, safe, and secure at all times. You are responsible for all activities that occur under your account.
The Site allows you to browse, view, choose, and purchase various products or services. By purchasing products or services made available through the Site, you represent that you have reached the age of majority and have the legal capacity to enter into a contract. We reserve the right to limit, cancel or prohibit orders that appear to be placed with an intent to resell or distribute our products.
You agree to use the Site only for purposes that are permitted by these Terms and in compliance with all applicable laws. Please don't: Try to hack the site, or access anything you are not supposed to; Post or transmit anything containing obscenities, illegal behavior, or threatening language; Pretend to be someone you are not; Post or transmit anything you don't have the right to use; Post or transmit ads or commercial messages; Post or transmit anything that might harm the Site.
The Site may contain links and pointers to other internet sites and resources. These are provided for your convenience, and we don't necessarily endorse them or guarantee their availability.
No advice or information, whether oral or written, obtained by you from the Site shall create any warranty not expressly stated in these Terms. The Site is provided to you "as is." We make no promises that the Site is accurate, complete, reliable, current, secure or error-free.
If you believe in good faith that materials hosted on the Site infringe your copyright, you may send us a written notification pursuant to the DMCA at legal@proshop.inc.
WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, TO THE FULLEST EXTENT PERMITTED UNDER THE LAW, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. IF YOU ARE DISSATISFIED WITH THE SITE, SERVICES, OR TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless Pro Shop and its officers, owners, employees and agents, from and against all claims, actions, liabilities, damages and expenses arising out of or relating to your use of and access to the Site and/or Services.
If you and we have any sort of legal dispute or claim arising out of or relating to your use of the Site or the Services, and it can't be resolved by friendly discussion, then you agree that it will be submitted to final and binding arbitration. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Arbitration Rules:
Arbitration under these Terms will be conducted in Ponte Vedra, Florida, under the Commercial Arbitration Rules of the American Arbitration Association. New York law shall govern.
No Class Actions:
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Opting Out:
You can choose to reject this agreement to arbitrate by e-mailing us a written opt-out notice to legal@proshop.inc no later than thirty days after the date you accept these Terms for the first time.
The Site is controlled and operated from within the United States. These Terms constitute the entire and exclusive and final statement of the agreement between you and us with respect to the subject matter hereof.
Any questions about these Terms should be sent to us via e-mail at legal@proshop.inc.