terms of SERVICE
Effective Date: January 1, 2024
Welcome to "All Skulls", the terms of use set forth herein describe the terms and conditions applicable to your access and use of the website https://www.allskulls.us/ which we will call (the "Site"). This document is a legally binding agreement between you as a User of the Site (referred to as "you", "your" or "User") and the website operator domiciled in Buenos Aires, Argentina and email allskullscontact@gmail.com (hereinafter "All Skulls").
1. Application and Acceptance of the Terms
1.1 Use of the Site and the services, software and products of "All Skulls" (collectively, the "Services") is subject to the terms and conditions contained herein, as well as the privacy policy and any other rules and policies of the site that "All Skulls" may publish. This document and other rules and policies of the Site are referred to hereinafter as the "Conditions" or "Terms". By accessing the Site or using the Services, you agree to accept and be bound by the Terms. Please do not use the Services of the Site if you do not agree to all of the terms.
1.2 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with “All Skulls”, or (b) you are not permitted to receive any of the Services under the laws of Argentina or other countries/regions, including the country/region in which you reside or from which you use the Services.
1.3 You acknowledge and agree that “All Skulls” may modify the Terms at any time by posting the relevant modification and updated Terms on the Site. By continuing to use the Services on the Site, you agree that the modified terms will apply to you.
1.4 You may be required to enter into a separate agreement, whether online or offline, with “All Skulls” or our affiliates or suppliers for any service (“Additional Agreements”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement will take precedence over the Terms only in relation to the Service in question.
2. Provision of Services
2.1 "Online Store for Washing Machines & Dryers" is an affiliate online store that promotes third-party products, so users may purchase products offered by such third parties through items displayed by "All Skulls", including, but not limited to, products from Amazon.es
The user must subscribe to these promotional items in order to access and use the services offered by third parties through "Online Store for Washing Machines & Dryers". In addition, "All Skulls" reserves the right, without prior notice, to restrict the use of certain Services of the platform (or any of the functions within the services).
2.2 No warranty of representation is given that a particular service or feature or function of the same or the same type and extent of the service or the features and functions thereof will be available to users.
2.3 “All Skulls” may launch, change, update, impose conditions on, suspend, or stop any of the Services (or any features within the Services) without notice.
2.4 The subscription features that “All Skulls” offers may be modified or temporarily suspended for scheduled or unscheduled maintenance reasons, periodically at the sole discretion of “All Skulls” without notice.
3. Users
3.1 As a condition of your use of the Site or Services, you agree that you will comply with all applicable laws and regulations when using the Site or Services.
3.2 You agree to use the Site or Services solely for your own private and internal purposes. You agree: (a) not to copy, reproduce, download, republish, sell, distribute or resell the Services or any information, text, images, graphics, videos, sound, directories, files, databases or listings, etc. available on or through the Site (the “Site Content”), and (b) not to copy, reproduce, download, compile or use any Site Content for the purposes of operating a business that competes with “All Skulls”, or otherwise commercially exploit the Site Content. Systematic retrieval of content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without the written permission of "All Skulls" is prohibited. Use of any content or materials on the Site for any purpose not expressly permitted in the Terms is prohibited.
3.3 You must read the Privacy Policies of "All Skulls" which governs the protection and use of users' personal information in the possession of "All Skulls". You agree to the terms of the Privacy Policy and consent to the use of your personal information in accordance with the privacy policy.
3.4 "All Skulls" allows users to access content, products or services offered by third parties through hyperlinks (in the form of text links, banners, channels or otherwise), or otherwise to the websites of such third parties. You are advised to read the terms and conditions of such websites and/or privacy policies before using them. You acknowledge that "All Skulls" has no control over such third party websites, does not control such websites, and shall not be liable to anyone for such websites, or any content, products or services made available on such websites.
3.5 You agree not to take any action to undermine the integrity of "All Skulls" computer systems or networks or gain unauthorized access to such computer systems or networks.
3.6 By posting or displaying any information, content or material (“User Content”) as voluntary information on our Site or providing any User Content to “Tienda Online De Lavadoras & Secadoras” or our representative(s), you grant “All Skulls” an irrevocable, perpetual, worldwide, royalty-free, sublicensable (through multiple levels) license to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works from and otherwise use any or all such User Content in any form, media, or technology now known or not currently known in any way and for any purpose that may be beneficial to the operation of the Site, the provision of any of the Services and/or the user’s business. You confirm and warrant to “All Skulls” that you have all necessary rights, power and authority to grant the aforementioned license.
4. User Responsibilities
4.1 Users will be required to provide personal information such as name and email as part of the subscription process and use of any third-party service or user account. Each user represents, warrants and agrees that (a) the information, whether submitted during the subscription process or thereafter throughout continued use of the Site or service is true, accurate, current and complete, and (b) the user will maintain and promptly amend all information necessary to keep it true, accurate, current and complete.
4.3 By becoming a user, you authorize the inclusion of contact information about you in our database and that of third-party service providers for which the user has subscribed and authorize "All Skulls" to share contact information with service providers or otherwise use your personal information in accordance with the privacy policy. "All Skulls" encourages the user to read the terms and conditions of the service providers to which he subscribes.
4.4 As a user you represent, warrant and agree that (a) you will be solely responsible for obtaining all necessary third party licenses and permissions with respect to any User Content that you upload as voluntary information to our Site, that you submit, post or display; (b) any User Content that you submit, post or display does not infringe or violate any copyright, patent, trademark, trade name, trade secret or any personal or proprietary right of any third party (the “Third Party Rights”); and (c) you have the right and authority to post the User Content and such posting will not violate the rights of any third party.
4.5 Each user further represents, warrants and agrees that the User Content that you submit, post or display shall:
a) be true, accurate, complete and legal;
b) not false, misleading or deceptive;
c) not contain information that is defamatory, libelous, threatening or harassing, obscene, distasteful, offensive, sexually explicit or harmful to minors;
d) not contain information that is discriminatory or promotes discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation or age;
e) does not violate the service advertising policy, other conditions or any applicable additional agreement;
f) does not violate laws and regulations (including, without limitation, those governing the control of social media posts, consumer protection, unfair competition or misleading advertising) or promote any activity that may violate applicable laws and regulations;
g) does not contain any direct or indirect link to any other website that includes any content that may violate the Terms.
4.6 Each user further warrants and agrees that he/she shall:
a) conduct his/her activities on the Site in compliance with applicable laws and regulations;
b) conduct his/her business transactions with the owner of the Site in good faith;
c) conduct his/her activities in accordance with the Terms and any applicable additional agreements;
d) not use the Services or the Site to defraud any person or entity;
e) not impersonate any person or entity, misrepresent yourself or your membership with any person or entity;
f) not spam or phish;
g) not engage in other illegal activities (including, without limitation, those that would constitute a criminal offense, give rise to civil liability, etc.) or encourage or instigate any illegal activity;
h) not engage in attempts to copy, reproduce, exploit or expropriate "All Skulls" directories, databases and listings;
i) not to apply any type of computer virus or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any system software or hardware, data or personal information;
j) not to apply any plan to undermine the integrity of the data, systems or networks used by "All Skulls" and/or any user of the Site or to obtain unauthorized access to such data, systems or networks;
k) not to participate in any activity that may in any way create any liability for "All Skulls" or our affiliates and suppliers.
4.7 Users may not use the Services to engage in activities that are identical or similar to those of the "All Skulls" marketplace business.
4.8 The user acknowledges and agrees that "All Skulls" will not be obligated to actively monitor or exercise any editorial control over the content of any message or material or information created, obtained or accessible through the Services or Site. "All Skulls" does not endorse, verify or certify the content of any comments or other material or information submitted by users or by affiliates and service providers. Each user is solely responsible for the content of their communications or posts and may be held legally responsible or liable for the content of their comments or other material or information.
4.10 The user acknowledges and agrees that each user is solely responsible for compliance with applicable laws and regulations in their respective jurisdictions to ensure that all use of the Site and the Services is in compliance therewith.
6. User Non-Compliance
6.1 "All Skulls" reserves the right, at its sole discretion, to remove, modify or reject any Content that the User submits, posts or displays on the Site that we reasonably believe is illegal, violates the Terms, could subject "Tienda Online De Lavadoras & Secadoras" or our affiliates to liability, or was otherwise found inappropriate in the opinion of "All Skulls".
6.2 Without limiting the generality of the provisions of the Conditions, a user would be considered to be in violation of the Terms in any of the following circumstances:
a) "All Skulls" has reasonable grounds to suspect that the information provided by the user is not current or complete, or is false, inaccurate or misleading.
b) "All Skulls" believes that the user's actions may cause financial loss or legal liability for Cosas De Cactus or our affiliates or any other user.
6.3 "All Skulls" reserves the right to fully cooperate with government authorities, private investigators and/or affected third parties in the investigation of any criminal or civil offense. In addition, "All Skulls" may disclose the user's identity and contact information if requested by a government or law enforcement agency, an injured third party, or as a result of a court order or other legal action. "All Skulls" will not be liable for any damages and results arising from such disclosure, and the user agrees not to bring any action or claim against "All Skulls" for such disclosure.
6.4 Each user agrees to indemnify "All Skulls", its affiliates, directors, employees, agents and representatives and hold them harmless from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) that may arise from your subscription to third parties, publication or display of any User Content, your use of the Site or Services, or your breach of these Terms.
7. Transactions
7.1 Each User acknowledges that he/she fully assumes the risks of carrying out any transaction to pay for a service with third parties in connection with the use of the Site or Services, and that he/she is fully assuming the risks of civil liability or damages of any kind in connection with subsequent activity of any kind relating to the services that are the subject of transactions. These risks are hereinafter referred to as “Transaction Risks”. Each User agrees that “All Skulls” will not be liable for any damage, claim, liability, costs, inconvenience or expenses of any kind that may arise as a result of or in connection with any transaction risk that he/she executes with third party service providers.
7.3 The user is solely responsible for all terms and conditions of transactions carried out on the websites of third party service providers to which he/she subscribes, through or as a result of the use of the Site or Services.
8. Limitation of Liability
8.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY "ALL AKULLS" ON OR THROUGH THE SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS", AND "ALL AKULLS" EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS AND CONDITIONS ARE EXCLUDED.
8.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, "ALL AKULLS" MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR TIMELINESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE; "ALL AKULLS" DOES NOT REPRESENT OR WARRANT THAT USER POSTINGS ON SOCIAL MEDIA DO NOT INFRINGE THE RIGHTS OF THIRD PARTIES; AND "ALL AKULLS" MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITE.
8.3 Any material downloaded or otherwise obtained through the Site is done at the sole discretion and risk of each user, therefore, each user is solely responsible for any damage to the computer system or loss of data that may result from the download of such material. No advice or information, whether oral or written, obtained by any user from "All Skulls" or through or from the Site will create any warranty not expressly stated herein.
8.4 The Site makes available products and services offered by independent third parties. No warranty of representation is made in relation to such services or products. In no event will "All Skulls" be held liable for any services or products provided by third parties.
8.5 Each User agrees to indemnify "All Skulls", our affiliated companies, directors, officers and employees, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) that may arise from such User's use of the Site or Services or breach of any of the terms and conditions of the Terms. Each User further agrees to indemnify “All Skulls”, our affiliated companies, directors, officers and employees, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) that may arise from the User's breach of any warranty made by the User to “All Skulls”, including, but not limited to those set out in Section 5.
8.6 Each User further agrees to indemnify “All Skulls”, its affiliated companies, directors, officers and employees, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) that may arise, directly or indirectly, as a result of claims made by third party rights claimants or other third parties in connection with the postings made or displayed. Each User agrees that "All Skulls" is not responsible, and shall have no liability to you, for any material posted by third parties to which you subscribe and that the risk of damage from such material is the sole responsibility of each User. "All Skulls" reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with "All Skulls" in asserting any available defenses.
9. Intellectual Property
The contents of the screens related to the services of "All Skulls" as well as the programs, databases, networks, elements that allow the user to subscribe, are the property of "All Skulls" and the improper use and the total or partial reproduction of said contents are prohibited, except with the express written authorization of "All Skulls".
The Site may contain links to other websites which does not indicate that they are owned or operated by "All Skulls". Since "All Skulls" has no control over such sites, it will not be responsible for the contents, materials, actions and/or services provided by them, nor for damages or losses caused by the use of them, whether caused directly or indirectly. The presence of links to other websites does not imply a partnership, relationship, approval, or endorsement by "All Skulls" of such sites and their contents and the user assumes all risks of using such links and releases "All Skulls" from any obligation.
12. Force Majeure
In no event shall "All Skulls" be liable for any delay, failure or interruption of services resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including, without limitation, acts of God, Internet failures, computer, telecommunications or other equipment failures, power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, terrorism, war, government actions, court orders or domestic or foreign tribunals.
13. General Provisions
13.1 This Terms and Conditions Agreement shall be governed by the laws of the Republic of Argentina, without regard to its conflict of law provisions. The Parties to this Agreement submit to the exclusive jurisdiction of the courts of Buenos Aires.
13.2 If any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall be enforced.
13.3 Any failure by "All Skulls" to exercise any of its rights under these Terms and Conditions shall not constitute a waiver of such right or a waiver with respect to subsequent or similar breaches. A waiver shall be effective only if made in writing.
13.4 "All Skulls" shall have the right to assign this Agreement (including all of its rights, titles, benefits, interests, obligations and duties under this Agreement) to any person or entity (including any affiliate of "All Skulls"). The user may not assign, in whole or in part, this Terms and Conditions Agreement to any person or entity.