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Terms & Conditions

These Terms of Service (the "Agreement") set forth the terms and conditions that apply to your use of the Web site located at http://www.SkechKids.com (the "Site") and the services and materials offered thereon (the "Service") which are made available to you by offered to you by SKECHERS USA, INC. ("SKECHERS Entertainment"). BY USING THIS SITE, YOU AGREE TO THE TERMS OF THIS AGREEMENT, AND THE PRIVACY POLICY FOR THIS SITE, JUST AS IF YOU HAD SIGNED IT. If you do not agree to be bound by this Agreement, please discontinue your use of the Service.


1. Restrictions on Use

 

The Service is a computer online service. It is accessible to you through a personal computer, or other access device at the Site using a communications connection (such as a modem and telephone or cable line). As part of the Service, you will be provided with services that may include information, editorial content, chat rooms, links to other Web sites and other computer services that SKECHERS USA, INC. may decide to offer, subject to the terms hereof. SKECHERS USA, INC. may, in its sole discretion, discontinue or alter any aspect of the Service, including, but not limited to, (i) restricting the time of availability, (ii) restricting the availability and/or scope of the Service for certain platforms (i.e., computer types and operating systems), (iii) restricting the amount of use permitted, and (iv) restricting or terminating any user's right to use all or part of the Service, at any time in SKECHERS USA, INC.'s sole discretion and without prior notice or liability. You are responsible for all charges (e.g., telephone) associated with connecting to the Service through an available access number. You are also responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), or other access device, necessary to access the Service. You certify that you are an individual (i.e., not a corporation). The Service is owned and operated by SKECHERS USA, INC. and its affiliated companies and contains material that is derived in whole or in part from material supplied and owned by SKECHERS USA, INC. and other sources. Such material is protected by copyright, trademark, and other applicable laws. Unless otherwise expressly provided, you may not modify or prepare derivative works based on any material from the Service, including but not limited to code and software ("Material"). You may also download Material from the Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices and use the Material in accordance with all restrictions applicable to your use of the Service in general. In the event that you download Material from the Service, such Material is licensed to you by SKECHERS USA, INC. and SKECHERS USA, INC. does not transfer title to any such Material to you.


2. Registration Rules and Guidelines

 

(a) Registration

Should SKECHERS USA, INC. choose to provide registration-based services, when you register to use these Services, you will be required to provide certain information about yourself. You agree to provide true, accurate and complete information about yourself, and to update this information when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if SKECHERS USA, INC. suspects that your information is untrue or inaccurate, not current, or incomplete, SKECHERS USA, INC. may, in its sole discretion, suspend or terminate your membership and refuse current or future access to the Service. Any personal information supplied hereunder will be subject to the terms of our privacy policy.

(b) Passwords

Should SKECHERS USA, INC., in its sole discretion, provide to you a password that allows you to access certain parts of the Service, you will be solely responsible for maintaining the confidentiality of the password and your account information, and are fully responsible for all activities that occur under your password or account. You agree that you will immediately notify SKECHERS USA, INC. of any unauthorized use of your password or account, or any other breach of security, and that you will log off of the Service at the end of each session to prevent fraud on your account by third parties.

(c) General


SKECHERS USA, INC. may, in its sole discretion, choose to send you e-mail newsletters on a variety of topics - for example, informing you of information, letting you know of problems with the Site or with services offered by SKECHERS USA, INC., or presenting you with the opportunity to participate in contests, events or buy selected products and services. You may elect during registration not to receive these e-mail newsletters, and you may start or stop receiving such e-mail newsletters at any time by sending an e-mail to an address that shall be designated for that purpose. With your permission, SKECHERS USA, INC. may send you e-mails on behalf of pre-screened third parties containing promotional offers or opportunities that we believe may be of interest to you. You may elect during registration to receive these e-mails, and you may start or stop receiving such e-mails at any time by sending an e-mail to an account that shall be designated for that purpose.

(d) Rules for Use of the Service

(1) Conduct Required for Use of the Service

It is a condition of your use of the Service that you do not: (i) restrict or inhibit any other user from using and enjoying the Service; (ii) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any images or other material depicting nudity; (iii) post or transmit comments containing harassing or offensive language, or engage in disruptive activities online; (iv) post or transmit any information, software or other material that is fraudulent or violates or infringes the rights of others, including material that violates privacy or publicity rights, or infringes copyright, trademark or other proprietary rights, without first obtaining permission from the owner or right holder; (v) post or transmit any information, software or other material that contains a virus or other harmful component; (vi) post or transmit content that encourages or provides instructional activities about illegal activities, in particular hacking, cracking or phreaking; (vii) post, transmit or in any way exploit any information, software or other material for commercial purposes or that contains advertising, "junk mail," "spam," or "chain letters"; (viii) solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users; (ix) impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity; (x) resell, redistribute, broadcast or transfer the information or use the information derived from the Service in a searchable, machine-readable database; (xi) use the Service to collect personally identifying information about users of the Service in violation of our Privacy Policy; (xii) disguise a file type to thwart SKECHERS USA, INC.' detection processes; (xiii) post or transmit any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; or (xiv) attempt to gain unauthorized access to other computer systems or networks connected to the Service. You agree that you will not use the Service, including the information provided therein and all related equipment, networks and network devices (specifically including Internet access) for any unlawful purpose. SKECHERS USA, INC., at its sole and absolute discretion, shall determine whether any information transmitted or received violates this provision. You may not use any Material in connection with any site or other use that contains or is associated with information or content prohibited by this section.

(2) Monitoring

SKECHERS USA, INC. has no obligation to monitor the use of the Service by members. You acknowledge and agree that SKECHERS USA, INC. reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with our Privacy Policy. Use of the Service constitutes consent to such monitoring. Furthermore, SKECHERS USA, INC. reserves the right at all times to disclose any information posted on any portion of the Service as necessary to satisfy any law, regulation or governmental request, or to refuse to post, or to remove, any information or materials, in whole or in part, that in SKECHERS USA, INC.'s sole and absolute discretion are objectionable or in violation of this Agreement.

3. Disclaimer of Warranties

SKECHERS USA, INC. IS NOT RESPONSIBLE FOR THE CONTENT PRODUCED BY ANY THIRD PARTY THAT IS REFERENCED OR TO WHICH ACCESS MAY BE PROVIDED VIA THE SERVICE. SKECHERS USA, INC. DOES NOT OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THIRD PARTY SITES. THE SERVICE, THE MATERIALS AND PRODUCTS AVAILABLE IN OR ACCESSIBLE THROUGH THE SERVICE, AND THE THIRD PARTY SITES ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SKECHERS USA, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. SKECHERS USA, INC. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THE SERVICE, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SKECHERS USA, INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS IN THE SERVICE OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE. You assume all risk of errors and/or omissions in the Service, including the transmission or translation of information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Service, including the information, and for maintaining any means that you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information provided hereunder. You acknowledge and agree that your use of the Service, and any information sent or received in connection therewith, may not be secure and may be intercepted by unauthorized parties. EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY PROVIDED BY LAW, YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY.

4. Limitation of Liability

IN NO EVENT SHALL SKECHERS USA, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF SKECHERS USA, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT SKECHERS USA, INC. SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

5. Indemnification

You agree to defend, indemnify and hold harmless SKECHERS USA, INC. and its directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Service; (c) any non-compliance by you with the terms and conditions of this Agreement; and (d) claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of the Service, including the information obtained through the Service.

6. Termination

SKECHERS USA, INC. may, in its sole discretion, terminate your password, account (or any part thereof) or use of the Service, or remove and discard any Communication transmitted by you, or information stored, sent, or received via the Service without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Service with identical user identification numbers, (ii) permitting another person or entity to use your user identification number to access the Service, (iii) any other access or use of the Service except as expressly provided in this Agreement, (iv) any violation of the terms and conditions of this Agreement or the rules and regulations relating to the use of, the software and/or data files contained in, or accessed through, the Service, (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Service, or (vi) failure to use the Service or portion thereof on a regular basis. You may terminate your membership hereunder upon thirty (30) days written notice by you to SKECHERS USA, INC. of your intent to terminate this Agreement. Termination, suspension, or cancellation of this Agreement or your access rights shall not affect any right or relief to which SKECHERS USA, INC. may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will automatically terminate and immediately revert to SKECHERS USA, INC. and its licensors.

7. Modification

SKECHERS USA, INC. reserves the right, in its sole discretion, to amend this Agreement, and to modify, add or discontinue any aspect, content, or feature of the Service. Such amendments, modifications, additions or deletions shall become effective upon notice thereof, which may be provided to you by posting on the Service, via e-mail or any other reasonable means. Continued use of the Service by you shall constitute your binding acceptance of any such amendments, modifications, additions or deletions.

8. Miscellaneous

This Agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of law. This Agreement is personal between you and us, and no one shall be a third party beneficiary to this Agreement. Although you acknowledge that we will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in Los Angeles, California, U.S.A., regarding any and all disputes relating to this Agreement or your use of the Service. You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in this Agreement are material terms of this Agreement and that they have been taken into account in the decision by SKECHERS USA, INC. to provide the Service hereunder. You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of SKECHERS USA, INC. Any assignment of the foregoing other than as provided for in this section shall be null and void, ab initio. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement, shall be enforced to the fullest extent allowed by law as to effect the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions. This Agreement and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service or access to the Service. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.

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Privacy Policy

SKECHERS Entertainment (a division of SKECHERS USA, INC. - hereafter solely referred to as "SKECHERS Entertainment") has created SkechKids.com as the online location where fans of the animated characters Hot Lights and Luminators (the "Characters") can learn more about their favorite characters. SkechKids.com urges both kids and their parents to use and enjoy our website and we are committed to complying fully with the Children's Online Privacy Protection Act of 1998. Our information collection practices are described below and we strongly recommend that children who want to enter any information on any website to check with their parents first; we think parents should discuss with their children appropriate safeguards and restrictions concerning the disclosure online to anyone they don't know of any kind of personal information.


What Information Is Collected?

At SKECHERS Entertainment, we try to avoid creating online content that requires significant personal information from our visitors. We generally limit our collection of information from kids to what is known as non-personally identifiable information such as screen names and birthdate. However, we may request limited personally identifiable information such as kids' email addresses and/or email address of parents, in order to conduct online contests or sweepstakes or offer other online activities such as electronic postcards and newsletters. We do not require the disclosure of more information than is reasonably necessary to participate in the applicable activity.


Contests and Sweepstakes

On SkechKids.com we may occasionally offer contests and sweepstakes, which will be entered online. To participate in a contest or sweepstakes, a child is asked to provide his or her name, age and email address and the email address of his or her parent or guardian. If the child is under the age of 13, we send the child's parent or guardian an email within two (2) business days informing the parent or guardian of the child's entry and asking the parent to grant permission for the child to enter the contest or sweepstakes; if we do not receive an e-mail granting permission within one (1) week, the child's entry is deleted. All personally identifiable information collected by SkechKids.com for contests or sweepstakes is securely maintained and used only for the purpose of conducting the contests or sweepstakes. We delete any personal information collected after the conclusion of the contest except that we may provide information collected to a fulfillment house that helps run the contest or sweepstakes. We require those fulfillment houses to maintain the confidentiality, security and integrity of any information we provide them.

Unsolicited Submissions

SKECHERS Entertainment, and its affiliated companies, is an active production company and therefore does not knowingly accept unsolicited submissions of creative material including, without limitation, submissions of scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas or concepts. SKECHERS Entertainment's policy is to promptly delete any such submission without reading it or forwarding it to other SKECHERS Entertainment departments or personnel. Accordingly, any similarity between an unsolicited submission and any elements in any SKECHERS Entertainment, and/or its affiliate companies, creative work is purely coincidental.

Electronic Artwork Submission

Occasionally, SKECHERS Entertainment may provide kids the opportunity to send, through SkechKids.com electronic artwork featuring the Characters or other original artwork. In connection with the submission of such original artwork, participants must print out a release form from the site. The child and his or her parent or guardian must sign and return the form to SKECHERS Entertainment with any such submission as a condition of our considering the content. We do not require kids to submit personally identifiable information about themselves (other than their names and ages in some cases) in order to send electronic artwork. All information collected for electronic artwork is used only to identify the person who created and/or sent the artwork to SkechKids.com, and such information is deleted from our system once the electronic artwork is removed from the site.

Third Parties

We allow third-party companies to serve ads and/or collect certain anonymous information when you visit our web site. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other Web sites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or third party web beacon to collect this information. To learn more about this behavioral advertising practice or to opt-out of this type of advertising, you can visit www.networkadvertising.org.

Use of Information

SKECHERS Entertainment uses or may use personally identifiable information that kids provide in order to identify their artwork. SKECHERS Entertainment may also share information with consultants and affiliates for internal business purposes. Except for the purpose of announcing contest winners or identification of artwork from children, SKECHERS Entertainment currently does not disclose to third parties personally identifiable information that kids provide. From time to time however, we may share such information with third parties who may be engaged by us specifically to administer certain online activities such as contests and sweepstakes. Such third parties have access to personal information needed to perform their functions, but may not use it for any other purposes.

Additionally, if all or substantially all of SKECHERS Entertainment's assets are transferred or sold to another entity, we may transfer personally identifiable information submitted to us prior to such transfer.

Finally, we may also disclose personally identifiable information to third parties when required by law or is pertinent to judicial or government investigations or proceedings, or otherwise necessary to protect our website or the safety of its users.

Log Data

Log data is collected on web servers both within SKECHERS Entertainment's control and under the control of SkechKids.com's third party providers, who are required to maintain such data on a confidential basis. Log data supplies SKECHERS Entertainment with aggregate information about the number of visits to different pages on our site. SKECHERS Entertainment uses such aggregate information to improve access to our content based on our visitors' browsers and operating system types to make our content available to as many kids as possible. We do not link the log data collected to the personal information that kids submit online when participating in our activities.

Parental Access

SKECHERS Entertainment wants to help parents make sure that their children have a safe and fun experience online. That's why SKECHERS Entertainment established a means for parents to review identifiable information collected about their child and to communicate directly with us have any such information deleted or to request that we cease collecting or using their child's information. You can link to the form from here. SKECHERS Entertainment takes steps to verify the identity of anyone requesting information about a child and to ensure that the person is in fact the child's parent or legal guardian.

Security

SKECHERS Entertainment has taken steps to ensure that personally identifiable information collected in the future is secure, including limiting the number of people who have physical access to our database servers as well as electronic security systems and password protections which guard against unauthorized access.

Links to Other Sites

It is important to note that SkechKids.com may occasionally contain links to sites other than SkechKids.com, and that those sites may not follow the same privacy policies as SKECHERS Entertainment. These sites may send their own cookies to you, and may collect data and make uses of it that SKECHERS Entertainment would not.

Additional Information

Protecting your information is important to us. Unfortunately, transmission of data over the Internet is not guaranteed to be completely secure. It may be possible for hackers or other third parties not under the control of SKECHERS Entertainment to intercept or access transmissions or private communications unlawfully. While we strive to protect your personal information, SKECHERS Entertainment cannot ensure or warrant the security of any information you transmit to us. Any such transmission is done at your own risk. This privacy policy is personal between you and us, and no one else shall be deemed a third party beneficiary of this policy.

Questions/Concerns?

If you have any questions, comments or concerns regarding SkechKids.com privacy policy and/or practices, please write to us at:

SKECHERS Entertainment
225 South Sepulveda Blvd.
Manhattan Beach, CA 90266
info@skechersentertainment.com

The SkechKids.com website is primarily intended for domestic viewers and is consequently directed towards residents of the United States.

This privacy policy is effective as of July 1, 2012.