SKWIBBLE.COM TERMS OF USE

THIS IS A CONTRACT BETWEEN THE USER OF THIS WEBSITE AND SKWIBBLE, LLC. BY USING THIS WEBSITE YOU AGREE TO ABIDE BY ALL THE TERMS AND CONDITIONS OF THIS CONTRACT. IT IS IMPORTANT THAT YOU READ THIS CONTRACT CAREFULLY BEFORE SIGNING UP TO USE THIS WEBSITE.

This website ("Website") is operated by Skwibble, L.L.C. By accessing and using this Website, the website visitor or user ("you") agree to each of the terms and conditions set forth here and agree to abide by the rules, policies, and procedures as set forth and published on this Website. Additional terms and conditions applicable to certain areas of this Website or as to certain transactions are posted in those areas or in connection with a particular transaction, and together with these Terms of Use govern your use of those areas and/or transactions. All such terms and conditions are hereby incorporated by reference into these Terms of Use. If you do not understand or agree with these Terms of Use, do not use the website and do not sign up to be a member of the Website. If you have any questions or concerns regarding these Terms of Use, please contact us by emailing us at info@Skwibble.com.

Skwibble LLC reserves the right to modify these Terms of Use at any time without notifying you in advance. Your use of this site following any modification of these Terms of Use constitutes your agreement to be bound by the Terms of Use as modified. The most recent date of revision of these Terms of Use is set forth below.

You may not use this Website for any unlawful purpose. You may not use this Website for any purpose that is prohibited by your national, state, or local laws or regulations or to facilitate the violation of any law or regulation.

The information and features included in this Website are for personal use and entertainment purposes only. Business use of the website is not prohibited; however, Skwibble LLC won't assume any liability for any failures cause by the site. The information and features are subject to change at any time without notice. Skwibble LLC will use commercially reasonable efforts to maintain this Website and the information stored here in an accurate and up-to-date manner. Skwibble LLC will use commercially reasonable efforts to keep the services provided by this Website free of charge to the public up and running whenever possible. However, this Website and all information and services provided herein are "AS IS." By accessing or linking to this Website, you agree to assume the risk that the information and/or services on this Website may be incomplete, inaccurate, out of date, unavailable, or may not meet your needs and requirements.

SKWIBBLE LLC INTELLECTUAL PROPERTY

Trademarks

You may not copy, display, or use any of the trademarks or logos appearing on this Website without written permission from the trademark owner. SKWIBBLEâ„¢ and the SKWIBBLEâ„¢ Design are trademarks of Skwibble, LLC and/or Derek Shields. U.S. and/or CTM registrations for SKWIBBLEâ„¢ and SKWIBBLEâ„¢ Design are pending. All other trademarks displayed on this Website are the property of their respective owners and are used with permission.

Copyrights and other Intellectual Property

You hereby acknowledge that this Website contains content (including but not limited to graphic, digital and multimedia representations of art, photographs, images, flash, words and other protectable works) that are valuable intellectual property of Skwibble LLC, its licensors and affiliates. You further acknowledge that the content on this Website is protected by U.S. and/or other Intellectual property laws, and belongs to Skwibble LLC or its partners, affiliates, contributors and/or third parties. The copyright, patent, trade secret or other legal protections available to and registered for the content displayed or used on this Website is owned, licensed, or otherwise authorized for use by Skwibble LLC and/or Derek Shields. You may use the content of this website in the manner in which is it intended, that is sending invitations, cards, reminders, and other notices to yourself or others; keeping a personal address book; keeping a personal calendar; finding out about products and services available and advertised in the skwibbles. However, you may not reproduce the content for online or offline commercial use, or for any use outside the proscribed uses provided by the Website. You may not alter or manipulate the content on this site in any way without specific written permission from Skwibble LLC or the rights owner.

RESTRICTIONS ON USE

Eligibility

By registering to use this Website and its services you represent that you are at least 13 years of age, that you have the capacity to enter into this Agreement, and that you will abide by these Terms of Use, as well as all the other terms, policies, conditions and other requirements specified on this Website which are incorporated herein by reference. For use of this Website by children older than 13 and younger than 18, we recommend parental supervision at all times. Parents in many states may be held liable for the actions of their minor children on the Internet.

Your Online Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and agree to accept responsibility for all activity that occurs through use of your account and password. Skwibble, LLC is not responsible for unauthorized use of your account and password by another.

Skwibble, LLC reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders or registrations in their sole discretion and without prior notice.

Use of the Website by Minors

The Website does not allow for the creation of an Online Account by a person under the age of thirteen. This Terms of Use agreement requires that persons under 18 years of age agree that their use of this Website will be monitored by a parent or guardian. Parents are advised that in many jurisdictions they can be held liable for the tortuous actions of their minor children. Parents wishing access to or deletion of their children's Website account should contact Skwibble, LLC at info@skwibble.com.

Use of the Skwibble™ Invitation Service

Intellectual Property License

Users of the Skwibble™ Invitation Service are granted a limited, non-exclusive royalty free license to use and publish the intellectual property in selected Skwibble, LLC Intellectual Property. You are not licensed to download, copy (other than caching) or otherwise acquiring Skwibble LLC content without the express written permission of Skwibble, LLC.

You hereby grant Skwibble, LLC all rights necessary in any content or information you create using the Website to allow it to fulfill its stated purpose. You agree that Skwibble, LLC may have access to and license to use and copy any personally identifiable information you provide during the sign up process for the uses as stated in its various policies published on the Website. You also grant Skwibble, LLC access to and license to use and copy the address book you create using the Website for purposes as stated in the policies published on the Website.

Abuse of the Website

You agree not to use the Website to spam, hack, phish, spoof, send chain letters, create pyramid schemes, threaten, harass or engage in any illegal activity. You agree not to misrepresent your identity when using the Website invitation service. Abuse or misuse of the Invitation service is strictly prohibited and Skwibble LLC reserves the right to terminate your account without notice, as well as to pursue all remedies available to it under law. Use of software robots ("bots") or other software programs to data mine the Website, its intellectual property, or the Website's database is strictly prohibited.

Disclosing your Personal Information

Skwibble LLC is not liable for any injury resulting from your disclosure of your Personal Information (such as your address, phone number, and email address) to others through a Skwibble™ invitation. You agree that any information you place in a Skwibble™ invitation sent intentionally or unintentionally, is done at your own risk.

Community Standards â€“ Users agree to avoid foul or offensive language in the use of the Website to send invitations to others. Skwibble, LLC reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders or registrations in their sole discretion and without prior notice if it receives complaints about offensive messages from any registered Skwibble user.

Purchase of Goods through Skwibble.com Advertising Links

This Website and/or by the skwibbles displayed herein provide links to goods and services of third party vendors. Skwibble, LLC shall not be liable for any transaction between a Website user and a third party vendor that occurs through a link from a skwibble. This limitation includes but is not limited to transmission failure, payment, delivery, fraud, identity theft or any other risk inherent in any Internet transaction. Transactions between Website users and third party vendors are solely between the parties involved, who assume all risks thereof.

Your Submissions to Skwibble.com

Subject to our Privacy Policy, transmitting, submitting and/or posting any communication or material to or through the Website and/or by Skwibble's Invitation Service or otherwise through this Website, including any data, questions, comments, suggestions, personally identifying information or the like is, and will be treated as, non-confidential and non-proprietary. Thus, subject to the Privacy Policy, anything you transmit, submit and/or post to this Website may be used by Skwibbleâ„¢ for any purpose, including, without limitation, reproduction, disclosure, transmission, publication, broadcast and posting. In addition, and subject only to the terms of the Privacy Policy, Skwibble LLC is free to use any ideas, concepts, know-how or techniques contained in any communication you send to this Website and/or Skwibble, LLC, for any purpose whatsoever including, without limitation, developing, manufacturing and marketing products using such information. By submitting materials to this Website or Skwibble, LLC, you represent that such materials are original with you and do not violate the rights of any third parties, including, without limitation, any Intellectual Property rights and rights of publicity and/or privacy. All submissions to this Website and/or Skwibble, LLC shall be the sole property of Skwibble, LLC and will not be returned.

Skwibble, LLC reserves the right to, but is not obligated to, delete, move or edit content, in whole or in part, submitted by you to the Website and/or Skwibble, LLC for any reason, including a determination by Skwibble, LLC, in Skwibble LLC's sole discretion, that such content, is abusive, defamatory, obscene, in violation of Intellectual Property, privacy or other proprietary rights, or violates any of these Terms of Use.

IF YOU BELIEVE THAT THERE HAS BEEN A COPYRIGHT OR TRADEMARK VIOLATION OF YOUR RIGHTS BY THIS WEBSITE, PLEASE CONTACT OUR STAFF IMMEDIATELY AT ipviolation@skwibble.com.

Linking Policy

The content of this Website contains Intellectual Property that is protected from unauthorized use, copying and dissemination by U.S. copyright, trademark and other laws. If you link to this Website, we require that you follow these guidelines. The link to this Website must not damage, dilute or tarnish the goodwill associated with any Skwibble™ and/or its Intellectual Property, nor may the link create the false appearance that your website and/or organization is sponsored, endorsed by, affiliated and/or associated with Skwibble, LLC. Under no circumstances may you "frame" this Website or alter its Intellectual Property or content in any other way. Skwibble, LLC reserves the right, in its sole discretion, to terminate a link with any website that it deems inappropriate or inconsistent with this Website and/or these Terms of Use.

Skwibble, LLC is not responsible for the content or performance of any portion of the Internet including other World Wide Websites to which this Website may be linked or from which this Website may be accessed. Users are requested to inform Skwibble, LLC of any errors or inappropriate material found on websites to which this Website is linked.

LEGAL DISCLAIMERS/LIMITATIONS ON LIABILITY

Indemnification

You understand and agree that you are personally responsible for your behavior on the site. You agree to indemnify, defend and hold harmless Skwibble LLC, its affiliates, employees, agents and any third party providers to the site, service or content from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting or arising out of your use, misuse, or inability to use the site, the service or the content, or any violation of the Terms of Use.

Disclaimer of Warranties

SKWIBBLE, LLC MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEBSITE, THE SERVICE OR THE CONTENT. SKWIBBLE LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE WEBSITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE WEBSITE. SKWIBBLE, LLC DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEBSITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE OR THE SERVICE WILL BE CORRECTED. SKWIBBLE LLC DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE WEBSITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

Limitation of Liability

IN NO EVENT WILL SKWIBBLE LLC BE LIABLE TO A USER OF THIS WEBSITE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES, ARISING OUT OF (1) THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICE, OR THE CONTENT, (2) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE WEBSITE; (3) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE, THE SERVICE AND/OR CONTENT, (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (5) ANY MISSED REMINDER OR NOTICE THE SYSTEM FAILED TO GENERATE OR (5) ANY OTHER MATTER RELATING TO THE WEBSITE, THE SERVICE, OR THE CONTENT, EVEN IF SKWIBBLE, LLC HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE SERVICE, THE CONTENT, OR THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, SKWIBBLE, LLC'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.

Arbitration

YOU AGREE THAT ANY CAUSE OF ACTION, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THE USE OF THIS WEBSITE, SERVICE OR CONTENT BETWEEN SKWIBBLE, LLC AND YOURSELF OR AS TO THE CONSTRUCTION, INTERPRETATION AND EFFECT OF THIS AGREEMENT SHALL BE SETTLED BY ARBITRATION PURSUANT TO THE APPLICABLE RULES OF THE LOS ANGELES, CALIFORNIA REGIONAL OFFICE OF THE AMERICAN ARBITRATION ASSOCIATION.

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