All verifiable figure skating clubs and teams worldwide are eligible to raise funds through MySkatingMall.com accounts. MySkatingMall.com accounts cannot be sold and are not transferable. Anyone registering for a club or team agrees and warrants that he/she has authority to bind the business entity to this Club/Team Agreement.
This User Agreement (hereinafter, "Agreement" or "User Agreement") includes the terms and conditions by which MySkatingMall.com) offers and allows access to our services, under the domain of www.myskatingmall.com (hereinafter, "Site"). You must read, accept and agree with all terms and conditions set forth in, and linked to, this Club/Team Agreement and our Privacy Policy before you may become a registered user. If you do not agree with this Club/Team Agreement and our Privacy Policy, do not use or access our services. This Agreement is effective on March 1st, 2010, upon acceptance for new registering users.
There is no fee for clubs and teams (hereinafter, "Skating Groups") to register on MySkatingMall.com. Your members, who choose your Skating Group as their beneficiary on the Site, will choose between 2.5% and 87.5% of the final sale price for any sales to be forwarded to your Skating Group's PayPal account immediately upon purchase. All fees for those transactions are paid by the sellers and not by the Skating Group. For purchases your members make on Partner Store websites linked from MySkatingMall.com, your Skating Group will receive 5% of the purchase price. MySkatingMall.com will collect these amounts from the Partner Stores at the end of each month. Skating Groups may choose to have that money transferred to the group's PayPal account. A $1 transfer fee will be charged to the Skating Group by the Site for this service.
The Site's fees for individual users are detailed on the Pricing page. If we change our fees, the change will become effective upon posting of the new fees. We may also temporarily change our fees for promotional events upon posting as well. If a new fee service becomes available, the fees will become effective upon the post of the new service. All fees are quoted in United States Dollars. Each Skating Group is responsible for paying all fees associated with its use of MySkatingMall.com services and all required taxes, if applicable.
All Skating Groups must have a PayPal Account. For items purchased on MySkatingMall.com, any returned funds will be handled under PayPal's terms for purchases between a seller and buyer.
MySkatingMall.com does not control the information given by other users that is available through our Site. Other user's information may be offensive, deceptive, harmful, or inaccurate. When using our Site, please use good morals, honesty, common sense and safe buying practices. All content posted to the Site, whether words, pictures, data, or user names must be appropriate for all ages. If you come across inappropriate content on the Site, please report it immediately to info@myskatingmall.com or through the reporting link on each listing page. Always be aware of the risks of dealing with underage individuals or groups acting under false pretense.
MySkatingMall.com is a venue, and cannot be involved in any dispute between buyers and sellers. If a dispute arises, you release MySkatingMall.com, our employees, directors, officers, agents, subsidiaries, affiliates, and joint ventures from claims, demands and damages (consequential and actual) of every sort, of every kind, and of every nature, unknown, known, suspected, unsuspected, undisclosed and disclosed, arising out of or in any way connected directly, indirectly, or consequentially with such disputes.
MySkatingMall.com regulates and continually attempts to remove unauthorized material and/or listings, but cannot be responsible for checking and verifying every item and every users identity. We provide the tools necessary to communicate directly with other potential buyers and sellers, and encourage and expect all users to do so.
MySkatingMall.com provides a service for sellers to list items for sale. We provide a venue to buy and sell items using a classified format. The Site is not involved in actual transactions between buyers and sellers. Therefore, the Site does not have control over quality, safety or the legality of items advertised, including accuracy or truth of the listings, the ability to determine if buyers can buy or if sellers can in fact offer and sell items. MySkatingMall.com does not warrant that the buyer or seller will complete a transaction.
If you choose to buy an item, you agree to the conditions set forth by the seller in the items listing page, unless those conditions are in violation of applicable law or this Agreement.
All Skating Groups agree not to sell any items on MySkatingMall.com under the group's name. For liability reasons, only individual users and Partner Stores who are bound by our applicable agreements may list items on the Site.
The Skating Group's Personal Information is any information provided to MySkatingMall.com in any of its features, be it registration, message centers, emails, listings, or any other section on our Site. The group is solely responsible for its Personal Information.
All Skating Groups agree that MySkatingMall.com may use any information provided to us on the Site, and grants to us a non-exclusive, irrevocable, royalty-free, worldwide, perpetual, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights Skating Groups may have in their content. This includes any media known now or in the future. These rights allow us to host and display your content.
If we suspect that a Skating Group engaged in any illegal activity on our Site (past or present), that account will be suspended immediately, without recouse by the group against the Site.
All activities on the Site including Personal Information shall not: (1) be inaccurate, false or misleading; (2) be counterfeit, stolen or fraudulent; (3) be obscene or contain any kind of pornography; (4) contain anything harmful to minors; (5) be unlawfully harassing or threatening; (6) be trade libelous, or defamatory; (7) violate any law, statute, ordinance or regulation, to include but not limited to those governing export control, unfair competition, consumer protection, false advertising, or antidiscrimination; (8) use email addresses to spam; (9) infringe on any third partys copyright, trademark, patent, trade secret, including other proprietary rights or rights of publicity or privacy; (10) contain any viruses, time bombs, worms, cancel bots, or any other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (11) create liability for MySkatingMall.com or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; (12) participate in any transaction or list any item on our Site that was initiated using our service, by paying us the listing fee , which could cause MySkatingMall.com to violate any applicable law, regulation, statute, or ordinance; (13) Involve listing items before the seller has control or possession of the item.
By use of any means the Site may immediately notify our members and suspend a Skating Group's member status if: (1) you breach this Agreement or the documents it incorporates; (2) we cannot authenticate or verify any part of the information provided to us; (3) if we suspect or believe that your actions could cause financial loss or legal liability for our users, the Site or you.
MySkatingMall.com provides our Site and services as is and without any warranty or condition, implied, expressed or statutory. We, specifially, disclaim any implied warranties of title, merchantability, fitness for a specific purpose and non-infringement of any patent, copyright, or service mark.
At no time will MySkatingMall.com be liable for lost profits or any incidental, consequential or special damages arising out of or in conjunction with the use of our services or this Agreement. The Site's liability to any user or third parties in any circumstances is limited to the greater of: (1) the amount of fees you paid to MySkatingMall.com in the twelve months prior to the action giving rise to the alleged liability, or (2) $100.00 United States Dollars.
Skating Groups will comply with all applicable laws, regulations, ordinances and statutes regarding use of our services.
All Skating Groups agree to indemnify and hold MySkatingMall.com, our employees, directors, officers, agents, subsidiaries, affiliates and joint ventures harmless from any claim or demand. This includes: (1) attorney fees within reason made by a third party due to a Skating Group's breach of this Agreement; (2) or a Skating Group's violation of any law and/or rights of a third party.
MySkatingmall.com and its registered Skating Groups are and shall at all times remain independent contractors; and no agency, joint venture, employee/employer, franchiser/franchisee, partnership or relationship is created by this Agreement, including the use of our services and/or Site.
All notices will be sent to: info@myskatingmall.com, Attn: Legal Department. All notices to skating groups will be sent via email address provided to MySkatingMall.com during registration process. A notice will be deemed twenty four hours after email was sent, unless the sending party has an invalid email address.
Any claim or dispute relating to the Site or this Agreement will be resolved by binding arbitration in compliance with commercial arbitration rules of the American Arbitration Association. This arbitration commitment excludes legal action taken by MySkatingMall.com to collect our fees and/or damages but includes any and all other claims, disputes, or disagreements not resolved by negotiation. Any claims or issues will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or issue of any other party. Arbitrations will be held in Colorado Springs,CO and judgment on the arbitration can be entered into any court having jurisdiction. MySkatingMall.com or the user may seek interim or preliminary relief only from a court of competent jurisdiction in Colorado Springs, CO, necessary to protect the rights and/or property of MySkatingMall.com or the skating group.
We reserve the right, at our discretion, to change, modify or alter these terms and conditions at any time. Such modifications shall become effective immediately upon being posted on the Site. Skating Groups must review this Agreement on a regular basis to remain aware of any changes.
This Agreement will be governed by laws of the State of Colorado. These laws will apply to all agreements entered into and performed within Colorado between Colorado residents regardless of conflicts of laws provisions. MySkatingMall.com does not guarantee continuous or secure access to our services. If any part of this Agreement is held to be invalid or unenforceable, such a provision will be closed and all remaining provisions will be enforced. The headings are for reference only and do not limit, define, or describe the extent of a section.
These services are offered by MySkatingMall, L.L.C.