Sustainability Knowledge Network

Terms and Conditions of Use

Last Revised on September 5, 2008 

Welcome to the Sustainability Knowledge Network Portal (SKN) and the Project and Community Workspaces which you may register with or join. The SKN ("Service"), and its associated Project and Community Workspaces are operated as a service of SKN Worldwide-USA, Inc. ("SKN Worldwide”). Before you register for an SKN user account or signup to join a Project or Community Workspace, you must read and agree to the SKN Terms and Conditions of Use (“Terms of Use” or “TOU").

Also review the SKN Privacy Policy — How we maintain and protect your personal information in the Sustainability Knowledge Network.

SKN Worldwide reserves the right to update and change the TOU from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools, resources, and Workspaces, shall be subject to the TOU. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the TOU at any time at: http://sknworldwide.net/terms.  

1. SKN Service and User Levels

The Sustainability Knowledge Network include any services and features available on or through the SKN Portal such as knowledge base libraries and folders; blogs, discussion forums and messaging; live, virtual and archived events and webcasts; collaborative project workspaces and user communities (referred to hereinafter as the “Service”).   

The SKN is designed to accommodate several different levels of users, user roles and services within a single integrated and interoperating technology platform. A user’s level, role and access to services are uniquely customized to the specific content and/or service areas to which they have registered within or joined and been granted such entitlements.  All users regardless of their level or role must use the services in accordance with these TOU.  

2. Suspension or Discontinuation of the Service  
   

We reserve the right at any time to suspend or discontinue the Service (or any part thereof) with or without notice to you. You agree that SKN Worldwide shall not be liable to you or to any third party for any suspension or discontinuation of the Service. 

3. User Registration Process and Obligations  
   

All users must be 13 or over to sign up for an SKN Worldwide account. At this current time, SKN Worldwide does not allow users who are under 13 to create an account.  Visitors to the site under 13 can continue to use the site without creating an account.  If you do not qualify, do not use the Service. Registration and Membership in the SKN are void where prohibited by applicable law, and the right to access the Service is revoked in such jurisdictions. By using the Service, you represent and warrant that you have the right, authority and capacity to enter into these TOU and to abide by all of the terms and conditions set forth herein.  
 
You must register, subscribe or be invited and accept to join as an SKN Member, prior to creating or editing certain Content on the Service. You can set up an SKN Account by designating a username and password and providing some additional required information, including your email address ("Registration Data"). You are solely responsible for maintaining the confidentiality of your password and for all activities that occur under your SKN Account. Use of your Account is strictly limited to your own personal use. You agree to immediately notify SKN Worldwide of any unauthorized use of your SKN Account or any other breach of security.  
 
You also agree to  

1. provide true, accurate, current and complete Registration Data and
2. maintain and promptly update your Registration Data to keep it true, accurate, current and complete.

SKN Worldwide reserves the right to refuse your registration or cancel your SKN Account in our sole discretion at any time for any reason. 

4. Use of Service  
   

You acknowledge that SKN Worldwide may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that personal messages, message board postings, text, files, images, photos, video, sounds or other uploaded materials ("Content") will be retained by the Service. You agree that SKN Worldwide has no responsibility or liability for the deletion or failure to store any messages or other Content on the Service. You acknowledge that SKN Worldwide reserves the right to remove SKN Accounts that are inactive for an extended period of time. You further acknowledge that SKN Worldwide reserves the right to modify these general practices and limitations from time to time without your consent.  
 
The Service is intended for use by people around the world. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.  

5. Content  
   

You understand that all Content posted on or made available on the Service, is the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for any and all Content that you post or otherwise make available on the Service. You understand that SKN Worldwide does not control and is not responsible for certain Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You agree that you must evaluate and bear all risks associated with your use of any Content on the Service, that you may not rely on the accuracy of said Content and that under no circumstances will SKN Worldwide be liable in any way for any loss or damage of any kind incurred as a result of your use of any Content posted or otherwise made available via the Service. You acknowledge that SKN Worldwide only pre-screens and approves some, but not all Content created by users of the Service, and that SKN Worldwide has the right (but not the obligation) in our sole discretion to refuse to post, modify, delete or move any Content on the Service, for violating the letter or spirit of these TOU or for any other reason. You understand that some Content on the Service may recently have been changed, vandalized or altered by someone whose opinion does not correspond with the state of knowledge in the particular area you are exploring.

6. Public Forums

We may, from time to time, make online communities, messaging services, chat services, bulletin boards, message boards, blogs, other forums, and other such services available on or through the SKN. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you will not upload, post, transmit, or distribute or otherwise publish through the SKN or any service or feature made available on or through the SKN, any materials which: 

1. restrict or inhibit any other user from using and enjoying the SKN services;
2. are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, indecent, or are otherwise objectionable to SKN Worldwide, at our discretion;
3. constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law;
4. violate, plagiarize, or infringe the rights of third parties, including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity, or any other proprietary rights;
5. contain a virus, spyware, or other harmful component;
6. contain embedded links, advertising, chain letters, or pyramid schemes of any kind; or
7. constitute or contain false or misleading indications of origin, endorsement, or statements of fact.

It is important to remember that comments, materials, and information submitted to a public forum or online community may be recorded and stored in multiple places, on the SKN and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read, view, or access them eventually. Therefore, you should not disclose any sensitive, personal, proprietary, or confidential information, about yourself or others, in your comments or other submissions to our public forums or other online communities or blogs.

7. Third Party Content, Sites and Services

The SKN may contain links to third party resources which are completely independent of us, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services. We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such resource. Your use of any third party resource is at your own risk. We have no control over such resources, and you acknowledge and agree that SKN Worldwide is not responsible for the availability of such resources, and do not endorse and are not responsible or liable for any Content, goods or services on or available through such resources, or for any damage or loss caused or alleged to be caused by or in connection with use of, or reliance on, any such Content, goods or services on or available through such resources. Your interactions with organizations and/or individuals found on or through the SKN, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that SKN Worldwide is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.  

8. User Disputes  
   

If there is a dispute between users of the Service, or between a user and any third party, you understand and agree that SKN Worldwide reserves the right, but have no obligation, to monitor or intervene in such a dispute. In the event that you have a dispute with one or more other users of the Service, you hereby release SKN Worldwide, our licensors, employees, sponsors, affiliates, successors, assigns, directors, service providers and suppliers from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute. 

9. Right to Monitor and Editorial Control

We reserve the right (but have no obligation) to monitor or review all materials posted or submitted to the SKN or through SKN services or features by users (including, for example and without limitation, our blogs), and we are not responsible for any such materials posted by users. However, we may disclose any information as necessary to satisfy any law, regulation, or government request, or to edit, refuse to post, delete, or remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms of Use, our policies, or applicable law.

10. Linking to the SKN

We may insist that any link to the SKN be discontinued, and we may revoke your right to link to it from any other Web site at any time upon written notice to you, and in such event you agree to discontinue any such linking activity.

11. Orders for Products and Services

We may make certain products available to Visitors, Registrants and Members of the SKN. You may only order products if you are 18 years old or older. You agree to pay in full the prices (and all applicable taxes) for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to SKN Worldwide. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase and/or download on or through the SKN may be subject to additional terms and conditions presented to you at the time of such purchase or download. 

12. Copyrights

Under US law, copyright on all original non-copyrighted material created on the SKN as a result of the use of wiki pages, blogs and forums and/or posted to a knowledge repository as a file or page is retained by its creator, subject to Sections XVI and XVII below.  

Users may not submit copyrighted material to public areas if they do not personally hold the copyright to the material, unless the submission constitutes a “Fair Use”, is in the public domain, or the user obtains and provides SKN Worldwide documented permission to do so.

How to Determine “Fair Use”

Guidelines for determining Fair Use are included in the U.S. Copyright Act:

17 U.S.C. S107. Limitations on exclusive rights: Fair Use

Notwithstanding the provisions of section 106, the fair use of a copyrighted work, ... for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use, the factors to be considered shall include:

1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. the effect of the use upon the potential market for or value of the copyrighted work.

Users may submit and/or post copyrighted materials not qualifying for fair use to “private” areas of the portal, but are subject to the copyright limitations as stated within the originating source publication and/or source Website. Users must post such copyrights or copyright links within the posted materials or include a note containing any associated limitations to its reproduction and/or use.

13. Trademarks

The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the SKN or content available through the SKN are registered and unregistered Trademarks of SKN Worldwide and other owners. You agree not to use Trademarks in any manner without prior authorization by the Trademark owner.  

14. Code of Conduct  
    

The purpose of the SKN is to promote communication, coordination, collaboration, information sharing, knowledge creation and effective action among Visitors, Registrants, Members, affiliated and connected Networks and Friends of SKN Worldwide and our user community. In the spirit of building a valuable learning and action environment together, users agree to abide by the following Code of Conduct in using the Service.

You agree that, while using the SKN you will not use the Service or post Content that:

1. is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, promotes or encourages illegal activity or is harmful to minors in any way;
2. is pornographic or depicts sexual conduct;
3. harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
4. violates federal, state or local equal employment opportunity laws, including but not limited to, stating in any posting for employment a preference or requirement based on race, color, religion, sex, national origin, age or disability;
5. with respect to employers that employ four (4) or more employees, violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order or federal, state or local government contract;
6. impersonates any person or entity, including, but not limited to, an SKN Worldwide employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful parody);
7. is false, deceptive, misleading, deceitful or constitutes a "bait and switch";
8. infringes, misappropriates or violates any patent, trademark, trade secret, copyright, other intellectual property, publicity, proprietary or other rights of any person or entity, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
9. constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
10. constitutes or contains any form of advertising or solicitation if posted in areas of the SKN which are not designated for such purposes or emailed to users of the Service who have not indicated in writing that it is ok to contact them about other services, products or commercial interests;
11. without prior permission from SKN Worldwide inserts your own or a third party’s advertising, branding, or other promotional content into any of the SKN Content or services, or use, redistribute, republish, or exploit such content or service for any further commercial or promotional purposes;
12. advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by New Jersey law;
13. contains software viruses, worms, defects, Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
14. by virtue of its volume, imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure which supports the Service, or that otherwise negatively affects other users' ability to use the Service;
15. employs misleading email addresses, forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service;
16. is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose SKN Worldwide employees or SKN users to any harm or liability of any type.

Additionally, you agree not to:  

1. contact anyone who has asked not to be contacted;
2. "stalk" or otherwise harass anyone;
3. collect personal data about other users for commercial or unlawful purposes;
4. use automated means, including spiders, robots, crawlers, data mining tools or the like to download, retrieve or index any data from the SKN Service, unless expressly permitted by SKN Worldwide;
5. attempt to gain unauthorized access to SKN Worldwide computer systems or engage in any activity that disrupts, interferes with the performance of or impairs the functionality of, the Service;
6. obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the SKN;
7. with exception for Content made available on the SKN Service where such permissions are granted, modify, adapt, translate or reverse engineer any portion of the Service;
8. remove any copyright, trademark or other proprietary rights notices contained within the SKN Service;
9. reformat or frame any portion of the web pages that are part of the SKN Service;
10. create user accounts by automated means or under false or fraudulent pretenses;
11. create or transmit unwanted electronic communications to other users of the SKN Service or otherwise interfere with other users' enjoyment of the Service;

12. submit any third party Content to the SKN Service without such third party's prior written consent;

13. use the SKN Service to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene or

14. use the SKN Service, intentionally or unintentionally, to violate any applicable local, state, national or international law.

Failure to comply with any of these rules, or violation of the site policies listed above, may constitute grounds for removal from the SKN Service.

15. Copyright Infringement

SKN Worldwide has adopted the following policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (posted at http://www.copyright.gov/legislation/dmca.pdf). In short, it is our policy to:  

1. block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our affiliates, Content providers, or users; and
2. remove and discontinue service to repeat offenders. The address of SKN Worldwide’s Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is provided at the end of this Section.

 
Procedure for Reporting Copyright Infringements  
 
If you believe that any Content residing on or accessible through the Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below ("Proper Bona Fide Infringement Notification"): 

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
2. Identification of works or materials being infringed;
3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that SKN Worldwide is capable of finding and verifying its existence;
4. Contact information about the notifier including address, telephone number and, if available, email address;
5. A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Upon Receipt of a Bona Fide Infringement Notification Once Proper Bona Fide Infringement Notification is received by the Designated Agent, it is our policy:  

1. To remove or disable access to the infringing material;
2. To notify the Content provider or user that it has removed or disabled access to the material; and
3. That repeat offenders will have the infringing material removed from the system and that we will terminate such Content provider's or user's access to the Service.

We respect the intellectual property rights of others and require that the people who use the SKN do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to SKN Worldwide’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:  

Copyright Agent: 
Jeana Wirtenberg

144 North Beverwyck Rd.

Suite 165

Lake Hiawatha, N.J. 07034-1909

inquiry@sknworldwide.com 
 

16. User License to SKN Worldwide

Publicly Published Content on the SKN created by Registrants and Members is protected by Creative Commons 3.0 “Attribution-Noncommercial-Share Alike” (http://creativecommons.org/licenses/by-nc-sa/3.0/) license unless copyrighted by the author (and clearly noted on the posting). This allows SKN users to share and build on SKN user materials not otherwise copyrighted provided the user attributes the material to the original author, uses it for noncommercial purposes, and presents any altered, translated, or extended work under the same or a similar license.  

Private Postings and Postings not created by SKN users, and the software code of the SKN portal are not covered by this Creative Commons 3.0 license. For information on Creative Commons Licensing visit http://creativecommons.org/about/license/. 

17. SKN Worldwide License to User

Subject to the limitations set forth herein, SKN Worldwide grants you, on behalf of itself and its licensors, a limited license (the "SKN User License") to copy, modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit any of the original content made available on any of the publicly published pages of the Service, in accordance with the terms and conditions of the Creative Commons Attribution-Noncommercial 3.0 License. A copy of the most recent version of the license is presently available at http://creativecommons.org/licenses/by-nc/3.0/. SKN Worldwide grant of the SKN User License to you does not create or imply any contractual or extracontractual liability on the part of SKN Worldwide or any of its licensors, employees, sponsors, members or other users.

Original non-copyrighted Private Content and copyrighted Private Content posted as private and stored within private, subscription and/or invitation only areas of the SKN may be viewed by SKN members with the appropriate entitlements to access and view the Private Content. Any additional rights to download, to copy, modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit any of the Privately Published Content is subject to the authorizations of the Content copyrights owner and/or submitting member and any additional limitations as set by authorized Reviewers, Editors, Managers and Administrators for the Private subscription and/or invitation only area.

18. Applicable Laws

SKN Worldwide controls and operates the SKN from our offices in the United States of America. We do not represent that materials on the SKN are appropriate or available for use in other locations. Some of the Content available on the Service may violate the laws of the country or jurisdiction from where you are viewing this information. We do not encourage the violation of any laws. The SKN information is being maintained in reference to the protections afforded by the United States Constitution's First Amendment and under the principles of the Universal Declaration of Human Rights of the United Nations ("UN Declaration"). The laws in your country may not recognize as broad a protection of free speech as the laws of the United States or the principles under the UN Declaration. Persons who choose to access the SKN from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

19. Term and Termination  
    

These TOU will remain in full force and effect for so long as you use the Service, unless earlier terminated by us. You agree that we may terminate the Service, delete or deactivate your Account, block your IP address or otherwise terminate your access to or use of the Service at any time, in its sole discretion, and that SKN Worldwide is not liable to you or any third party for any termination of your access to the Service or your Account. Further, you agree not to attempt to use the Service after any such deletion, deactivation or termination.

19. Survival  
     
    Sections XIII, XV, XVI, XX, XXI, XXII, XXIII, XXIV, and XXV shall survive any termination of these TOU.

20. Ownership  
     
    Except for Content submitted by users of the Service, the Service and all aspects thereof, including all copyrights, trademarks and other intellectual property or proprietary rights therein, are owned by SKN Worldwide or our licensors. You acknowledge that any underlying technology or software used to provide the Service is proprietary to SKN Worldwide, and you may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit the same. Except as expressly and unambiguously provided herein, SKN Worldwide and our licensors do not grant you any express or implied rights, and all rights in the Service not expressly granted by SKN Worldwide to you are retained by SKN Worldwide.

21. Disclaimer of Warranties  
     
    YOU AGREE THAT YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.  
     
    THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SKN WORLDWIDE, AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION OF THE SERVICE OR THE CONTENT AVAILABLE THROUGH THE SERVICE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SKN WORLDWIDE AND OUR LICENSORS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING ANY OF THE FOREGOING, SKN WORLDWIDE AND OUR LICENSORS DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS AVAILABLE WITHIN THE SERVICE. WE ARE NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OF THE SERVICE. IN ADDITION, WE DO NOT WARRANT OR COVENANT THAT THE SERVICE WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM SKN WORLDWIDE THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. IN SOME JURISDICTIONS LIMITATIONS OF WARRANTIES ARE NOT PERMITTED, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

22. Limitation of liability

In no event, including but not limited to negligence, shall SKN Worldwide, our affiliates, or any of our directors, officers, employees, trustees, agents, or content or service providers (collectively, the “protected entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary, or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the SKN services or the content, materials, and functions related thereto, your provision of information via the SKN Portal, lost business, or lost sales, even if such protected entity has been advised of the possibility of such damages. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the service or any links to third party websites found within the service, as well as by reason of any information or advice received through the service or any links to third party websites found within the service. These limitations shall apply to the fullest extent permitted by law. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain users. In no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged, or received by or on behalf of any user or other person on or through the SKN. In no event shall the total aggregate liability of the protected entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms of use or your use of the SKN exceed, in the aggregate, the amount, if any, paid by you to SKN Worldwide for your use of the SKN or purchase of products via the SKN. 

23. Indemnification  
    

You agree to indemnify, and hold SKN Worldwide, our licensors, employees, sponsors, affiliates, successors, assigns, directors, officers, trustees, service providers, suppliers, and agents harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys' fees, arising in any way from your use of the SKN, your placement or transmission of any message, content, information, software, or other materials through the SKN, or your breach or violation of the law or of these TOU. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. 

24. General Information

These TOU and all terms, guidelines and rules referenced herein constitute the entire agreement between you and SKN Worldwide and govern your use of the Service, superseding any prior agreements between you and us. These TOU include the SKN Privacy Policy and any notices regarding the Service. These TOU and the relationship between you and us shall be governed by the laws of the United States and the State of New Jersey without regard to its conflict of law provisions. You and SKN Worldwide agree to submit to the personal and exclusive jurisdiction of and venue in the state and federal courts located within the county of Bergen, New Jersey. The failure of SKN Worldwide to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision. If any provision of these TOU is found by a court of competent jurisdiction to be unenforceable or invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that such provision shall be limited or eliminated to the minimum extent necessary so that these TOU shall otherwise remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Service or these TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these TOU are for convenience only and have no legal or contractual effect. No agency, partnership, joint venture or employment is created as a result of these TOU and you do not have any authority of any kind to bind SKN Worldwide in any respect whatsoever. SKN Worldwide may provide you with notices, including those regarding changes to these TOU by email, regular mail or postings on the Service. You agree that, except as otherwise expressly provided in this TOU, there shall be no third-party beneficiaries to these TOU.  

25. Violations  
     
    Please report any violations of these TOU to inquiry@sknworldwide.com.  
    
26. Acceptance of these Terms and Conditions of Use  
     
    I AGREE THAT I AM AT LEAST THIRTEEN (13) YEARS OLD (IF I RESIDE IN THE UNITED STATES) OR THAT I AM NOT PROHIBITED FROM REGISTERING FOR AN ACCOUNT WITH OR USING THE SERVICE UNDER THE LAWS OF MY JURISDICTION (IF I RESIDE OUTSIDE THE UNITED STATES), AND THAT I HAVE READ THESE TERMS & CONDITIONS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.