Skimek Terms of Use
These Terms of Use (“Terms”) govern your access to and use of the Skimek website (the “Site”)—including all content, features, and services available on or through the Site (e.g., browsing products, creating an account, placing orders for underwear, loungewear, and shapewear). By accessing or using the Site, you (“User” or “you”) agree to be bound by these Terms, as well as our Privacy Policy (incorporated herein by reference). If you do not agree to these Terms, you may not access or use the Site.
1. Eligibility to Use the Site
1.1 To use the Site (including placing orders), you must be at least 13 years old (or 16 years old if you reside in the European Economic Area (EEA)) and have the legal capacity to enter into binding contracts. If you are under the age of majority in your jurisdiction, you may use the Site only with the consent and supervision of a parent or legal guardian, who will be responsible for your compliance with these Terms.
1.2 We reserve the right to restrict access to the Site for users who violate these Terms, engage in fraudulent activity, or pose a risk to the Site or other users.
2. Account Creation and Responsibilities
2.1 If you create an account on the Site, you agree to provide accurate, complete, and up-to-date information (e.g., name, email address, password). You are solely responsible for maintaining the confidentiality of your account credentials (username and password) and for all activities that occur under your account.
2.2 You must notify us immediately at [email protected] if you suspect any unauthorized access to or use of your account. We will not be liable for any loss or damage arising from your failure to protect your account credentials or report unauthorized activity.
2.3 We may suspend or terminate your account at any time, with or without notice, if we believe you have violated these Terms (e.g., sharing account access, providing false information, or engaging in fraudulent behavior).
3. Use of the Site
3.1 You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to:
a. Use the Site to transmit, upload, or post any content that is illegal, harmful, defamatory, harassing, discriminatory, obscene, or infringing of third-party rights (e.g., copyright, trademark, privacy);
b. Attempt to access, modify, or disrupt the Site’s infrastructure (e.g., servers, databases, software) or bypass security measures (e.g., using bots, scrapers, or automated tools to collect data without permission);
c. Impersonate any person or entity (e.g., a Skimek employee, another user) or mislead others about your identity or affiliation;
d. Resell, reproduce, or distribute any content from the Site (e.g., product images, descriptions, logos) without our prior written permission;
e. Use the Site to engage in any fraudulent activity (e.g., placing fake orders, using stolen payment methods, or misleading other users).
3.2 We may limit your access to certain features of the Site (e.g., bulk purchasing) at our sole discretion, without notice.
4. Intellectual Property Rights
4.1 All content on the Site—including product images, descriptions, logos, trademarks, text, graphics, and software—is the property of Skimek or our licensors and is protected by copyright, trademark, and other intellectual property laws.
4.2 You are granted a limited, non-exclusive, non-transferable license to access and use the Site for personal, non-commercial purposes only. This license does not include the right to:
a. Reproduce, modify, or distribute any Site content;
b. Use any Site content for commercial purposes (e.g., selling products using our images or descriptions);
c. Create derivative works based on the Site or its content.
4.3 Any unauthorized use of Site content may violate intellectual property laws and result in legal action.
5. Product Information and Availability
5.1 We strive to provide accurate and up-to-date product information on the Site (e.g., descriptions, pricing, sizes, availability). However, we do not guarantee that all product information is error-free, complete, or current. If a product is listed with an incorrect price or description, we may cancel your order for that product and notify you via email.
5.2 Product availability is subject to change without notice. We reserve the right to discontinue products at any time, and we will notify you if a product you ordered is no longer available (and issue a full refund if payment has already been processed).
5.3 Colors and appearances of products may vary slightly due to differences in device displays (e.g., computer monitors, mobile screens). We do not guarantee that product colors on the Site will match the physical product exactly.
6. Links to Third-Party Sites
6.1 The Site may contain links to third-party websites or services (e.g., payment processors, shipping providers) that are not owned or controlled by Skimek. We are not responsible for the content, privacy policies, or practices of these third-party sites.
6.2 Your use of third-party sites is at your own risk, and you should review the terms of use and privacy policies of those sites before accessing or using them. We do not endorse or make any representations about third-party sites.
7. Disclaimer of Warranties
7.1 THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT).
7.2 We do not warrant that the Site will be error-free, uninterrupted, or secure; that defects will be corrected; or that the Site or the servers hosting it are free of viruses or other harmful components.
7.3 Any reliance you place on the Site or its content (e.g., product information, recommendations) is at your own risk. We reserve the right to modify or discontinue the Site or any of its features at any time, without notice.
8. Limitation of Liability
8.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKIMEK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING FROM YOUR USE OF THE SITE OR RELIANCE ON ITS CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.2 OUR TOTAL LIABILITY TO YOU FOR ANY DIRECT DAMAGES ARISING FROM A BREACH OF THESE TERMS OR RELATED TO THE SITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO SKIMEK FOR PRODUCTS IN THE SIX (6) MONTHS PRIOR TO THE CLAIM.
8.3 THIS LIMITATION OF LIABILITY SHALL APPLY EVEN IF THE REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.
9. Indemnification
You agree to indemnify, defend, and hold harmless Skimek, its affiliates, employees, officers, directors, and service providers from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from:
a. Your use of the Site or violation of these Terms;
b. Your account activities (e.g., unauthorized use, fraudulent orders);
c. Any content you transmit or post on the Site;
d. Your violation of third-party rights (e.g., intellectual property, privacy).
10. Changes to These Terms
We may update these Terms from time to time to reflect changes in our practices, technology, or applicable laws. When we make changes, we will revise the “Last Updated” date at the top of this document and post the updated Terms on the Site.
Your continued use of the Site after the updated Terms are posted constitutes your acceptance of the changes. We encourage you to review these Terms periodically.
11. Governing Law and Dispute Resolution
11.1 These Terms shall be governed by and construed in accordance with the laws of [insert jurisdiction, e.g., the State of California, United States], without regard to its conflict of laws principles.
11.2 Any dispute arising out of or relating to these Terms or your use of the Site shall first be resolved through good-faith negotiation. If negotiation fails, the dispute shall be submitted to binding arbitration in [insert location, e.g., Los Angeles, California] in accordance with the rules of [insert arbitration body, e.g., the American Arbitration Association]. Arbitration shall be conducted by a single arbitrator, and the decision shall be final and binding on both parties.
11.3 You waive any right to a jury trial in connection with any dispute arising under these Terms.
12. Contact Us
If you have any questions, concerns, or requests regarding these Terms of Use, please contact us at:
- Email: [email protected]
- Address: [You may add a physical address here if applicable; if not, this line can be removed]
We will respond to your inquiry as soon as possible and work to resolve any issues you may have.