Conditions

Disclaimer

Copyright© 2009 Skikker.com B.V. en Skikker LLC. All Rights Reserved. Designated trademarks and brands are the property of their respective owners. Use of this Web site constitutes acceptance of the Skikker™ Terms & Conditions.

Terms & Conditions

Welcome to Skikker™. By using the services on the Skikker™ websites ( www.skikker.com ) and other related websites where this agreement appears), you are agreeing to the following terms, including those available by hyperlink, with Skikker.com B.V. and Skikker LLC and the general principles for the websites of our subsidiaries and international affiliates. If you reside outside of the United States, you are contracting with Skikker.com B.V. companies: If you have any questions, please refer to our FAQ section.

Before you may become a member of Skikker™, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. The agreement that applies on any of our domains and sub domains is always the agreement that appears in the footer of each website.

. violate any laws, third party rights, or our policies such as the Prohibited and Restricted Items policies;

· use our sites or services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our sites;

· fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bought or a clear typographical error is made.

· circumvent or manipulate our fee structure, the billing process, or fees owed to Skikker™;

· post false, inaccurate, misleading, defamatory, or libelous content (including personal information);

· transfer your Skikker™ account and User ID to another party without our consent;

· distribute or post spam, chain letters, or pyramid schemes;

· distribute viruses or any other technologies that may harm Skikker™, or the interests or property of Skikker™ users;

· copy, modify, or distribute content from the Sites and the Skikker™ copyrights and trademarks; or harvest or otherwise collect information about users, including email addresses, without their consent.

Joining Skikker™ is free. We do charge fees for our services. We reserve the right to make changes to our Fee Structure Policy. When that occurs all members will be notified prior to purchase and are effective after we provide you with at least fourteen days' notice by posting the changes on the Skikker™ web site. We may choose to temporarily change the fees for our services for promotional events (for example, free California Sales Tax days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.

Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due.) Any refunds, regarding canceled orders from Skikker™ to customers who have made a confirmed payment will be executed every last thursday of the running month.

If you have a dispute, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "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."

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in theSkikker™ Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States and The Netherlands that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see theSkikker™ Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Except as explicitly stated otherwise, legal notices shall be served on the Skikker™ national registered agent (in the case of Skikker™) or to the email address you provide to Skikker™ during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

If a dispute arises between you and Skikker™, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Skikker™ agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

· Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of California and the Nation of The Netherlands as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Skikker™ must be resolved by a court located in Riverside County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Riverside County, California for the purpose of litigating all such claims or disputes. The same is Valid for Claims in The Netherlands, with this exeption: they need to be made in the province of Friesland, The Netherlands.

· Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

· Improperly Filed Claims - All claims you bring against Skikker™ must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, Skikker™ may recover attorneys' fees and costs up to $10.000, provided that Skikker™ has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Skikker LLC is located at 30498 Laurel Court, Murrieta, CA92563. If you reside outside of the United States and registered on Skikker™, the services are offered in countries within the European Union by Skikker.com B.V., located at Molepaed 26 8629 PJ, Scharnegoutum, The Netherlands. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through the Skikker™ Message Center. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes.

You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

You can browse our sites without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. If you choose to provide us with personal information, you consent to the transfer and storage of that information on our servers located in The Netherlands.

We may collect and store the following personal information:

· email address, physical contact information, and (depending on the service used) sometimes financial information, such as credit card or bank account numbers;

· transactional information based on your activities on the sites (such as content you generate or that relates to your account);

· shipping, billing and other information you provide to purchase or have an item shipped;

· community discussions, chats, dispute resolution, correspondence through our sites,and correspondence sent to us;

· other information from your interaction with our sites, services, content and advertising, including computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information;

· additional information we ask you to submit to authenticate yourself or if we believe you are violating site policies (for example, we may ask you to send us an ID or bill to verify your address, or to answer additional questions online to help verify your identity);

· information from other companies, such as demographic and navigation data; and

· other supplemental information from third parties (for example, if you incur a debt to Skikker, we will generally conduct a credit check by obtaining additional information about you from a credit bureau, as permitted by law).

We don't sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may combine your information with information we collect from other companies and use it to improve and personalize our services, content and advertising. If you don't wish to receive marketing communications from us or participate in our ad-customization programs, simply indicate your preference in MySkikker© or by following the directions provided with the communication or advertisement.

Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience. You agree that we may use your personal information to:

· provide the services and customer support you request;

· resolve disputes, collect fees, and troubleshoot problems;

· prevent potentially prohibited or illegal activities, and enforce our User Agreement;

· customize, measure and improve our services, content and advertising;

· tell you about our services and those of our corporate family, targeted marketing, service updates, and promotional offers based on your communication preferences; and

· compare information for accuracy, and verify it with third parties.

We may disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others or protect anyone's rights, property, or safety. Such information will be disclosed in accordance with applicable laws and regulations.

We may also share your personal information with:

· Members of the Skikker™ corporate family to provide joint content and services (like registration, transactions and customer support), to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about their products, services and communications. Members of our corporate family will use this information to send you marketing communications only if you’ve requested their services.

· Service providers under contract who help with our business operations (such as fraud investigations, bill collection, affiliate and rewards programs and co-branded credit cards).

· Other third parties to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and consent to when using a specific service).

· Law enforcement or other governmental officials, in response to a verified request relating to a criminal investigation or alleged illegal activity. In such events, we will disclose information relevant to the investigation, such as name, city, state, zip code, telephone number, email address, User ID history, IP address, fraud complaints, and bidding and listing history.

. Skikker™ , under confidentiality agreement, as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity. In such events, we will disclose name, street address, city, state, zip code, country, phone number, email address and company name.

· Other business entities, should we plan to merge with or be acquired by that business entity. (Should such a combination occur, we will require that the new combined entity follow this privacy policy with respect to your personal information. If your personal information will be used contrary to this policy, you will receive prior notice.)

Without limiting the above, in an effort to respect your privacy and our ability to keep the community free from bad actors, we will not otherwise disclose your personal information to law enforcement, other government officials, or other third parties without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity.

Notices sent to other community members about suspicious activity and policy violations on our sites refer to User IDs and specific items. So if you associate your name with your User ID, the people to whom you have revealed your name will be able to personally identify your Skikker™ activities.

If you access our sites from a shared computer or a computer in an internet café, certain information about you, such as your User ID, activity or reminders from Skikker™, may also be visible to other individuals who use the computer after you.

Skikker™ enables you to share personal and financial information to complete transactions. We encourage you to disclose your privacy practices and respect the privacy of other users. We cannot guarantee the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partner before entering into a transaction and choosing to share your information. To help protect your privacy, we allow only limited access to other users' contact, shipping and financial information to facilitate your transactions. When users are involved in a transaction, they may have access to each other's name, User ID, email address and other contact and shipping information. In all cases, you must give other users a chance to remove themselves from your database and a chance to review what information you have collected about them. When there is communication among the buying and selling party via the eSpecs© module, and the buying party decides to buy, the buyer MUST use the service provided by Skikker™.

You agree to use user information only for:

· Skikker™ transaction-related purposes that are not unsolicited commercial messages;

· using services offered through Skikker™ (e.g.escrow, insurance, shipping and fraud complaints), or

· other purposes that a user expressly chooses.

We use "cookies" (small files placed on your hard drive) on certain of our pages to help analyze our web page flow; customize our services, content and advertising; measure promotional effectiveness, and promote trust and safety. For more information about why we use cookies, see Cookies, Web Beacons, and Your Privacy .

A few important things you should know about cookies are that:

· We offer certain features that are available onlythrough the use of cookies.

· We use cookies to help identify you and maintain your signed-in status.

· Most cookies are "session cookies," meaning that they are automatically deleted from your hard drive at the end of a session.

· You are always free to decline our cookies if your browser permits, although doing so may interfere with your use of some of our sites or services.

· You may encounter cookies from third parties on certain pages of the sites that we do not control. (For example, if you view a web page created by another user, there may be a cookie placed by that web page.)

We and our users do not tolerate spam. Make sure to set your Skikker™ notification preferences so we communicate to you as you prefer. You are not licensed to add other Skikker™ users, even a user who has purchased an item from you, to your mailing list (email or physical mail) without their express consent. To report Skikker™ related spam or spoof emails to Skikker™, please forward the email to info@skikker.eu . You may not use our communication tools to send spam or otherwise send content that would violate our User Agreement. We automatically scan and may manually filter messages to check for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content, but we do not permanently store messages sent through these tools. If you send an email to an email address that is not registered in our community (via Refer-a-Friend or other tools), we do not permanently store that email or use that email address for any marketing purpose. We do not rent or sell these email addresses.

Your password is the key to your account. Use unique numbers, letters and special characters, and do not disclose your Skikker™ password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify Skikker™ and change your password.

You can see, review and change most of your personal information by signing on to Skikker™. Generally, we will not manually modify your personal information because it is very difficult to verify your identity remotely. You must promptly update your personal information if it changes or is inaccurate. Once you make a public posting, you may not be able to change or remove it. Upon your request, we will close your account and remove your personal information from view as soon as reasonably possible, based on your account activity and in accordance with applicable law. We do retain personal information from closed accounts to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce ourSkikker™ User Agreement, and take other actions otherwise permitted by law.

Your information is stored on our servers located in The Netherlands. We treat data as an asset that must be protected and use lots of tools (encryption, passwords, physical security, etc.) to protect your personal information against unauthorized access and disclosure. However, as you probably know, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the site. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private.

Except as otherwise expressly included in this Privacy Policy, this document addresses only the use and disclosure of information we collect from you. If you disclose your information to others, whether they are buyers or sellers on our sites or other sites throughout the internet, different rules may apply to their use or disclosure of the information you disclose to them. Skikker™ does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We encourage you to ask questions before you disclose your personal information to others.

We may amend this Privacy Policy at any time by posting the amended terms on this site. All amended terms automatically take effect 30 days after they are initially posted on the site. In addition, we will notify you through the Skikker™ Message Center. If your questions are not answered online, you may write to us at: Skikker.com B.V., Molepaed 26. 8629 PJ, Scharnegoutum, The Netherlands, info@skikker.euor using the Question/Remark form on our contact page.