IMPORTANT, READ CAREFULLY: By accessing or using the Services including, but not limited to, setting up an account on the Skycoaster Store, you agree to be bound by these TOU. These TOU are a legal contract between you and RES and govern your access to and use of the Services. If you do not agree to be bound by these TOU, you are not authorized to use the Services. Your rights to use the Services are limited by applicable federal, state, and local laws and regulations.
The Services are intended for adults 18 years of age or older. By accessing the Site or Skycoaster Store or otherwise using the Services, you represent that you are 18 years of age or older.
The Skycoaster Store is hosted by Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you.
The Purpose of the Services —
The intended purpose of the Site is to provide visitors with information about Ride Entertainment Services, RES, their affiliated companies and their respective products and services. The intended purpose of the Skycoaster Store is to provide visitors with information about Skycoaster clothing, stickers, other Skycoaster merchandise, and to let visitors purchase Skycoaster products available through the Skycoaster Store.
Any content made available on the Services is provided for informational and transactional purposes only. You agree that you will only use the Services for their intended purposes, and not for other commercial ventures without first seeking approval from RES.
You may not use any content on the Services to establish any independent data files, databases, compendiums, or any other reference materials.
By using the Services, you may need to interact with other visitors or users of the Services. You are solely responsible for any such interaction and agree to interact in a manner that is legal, respectable, and consistent with these TOU. RES is not responsible for the conduct of any other user who may interact with you, regardless of whether or not it is done through the Services.
Any and all content and products on the Services are subject to availability. Any and all use of the Services is done at your own risk. RES will try its best to make content on the Services useful, but RES does not warrant that any content on the Services will be accurate or reliable.
Changes to Terms —
RES reserves the right to modify these TOU at any time without prior notice. You should visit the Services from time to time to review and ensure you agree with the current version of these TOU. By continuing to use the Services after any changes to these TOU are made, you agree to be bound by such amended TOU. RES will highlight any change to these TOU for 30 days after such change(s) is/are made.
RES hereby grants you a revocable and nonexclusive right and license to use and access the Services (including any underlying software) in a manner that is consistent with the other terms in these TOU and the intended purposes of the Services. RES reserves the right to terminate this license for any or no reason and at any time without notice to you including, but not limited to, for breach of any term contained in these TOU.
Intellectual and Other Property —
Unless stated otherwise, all content on the Services is the property of RES including, but not limited to, all marks, logos, names, text, data, messages, documents, pictures, images, video, audio, graphics, links, software and its underlying code, domain names, or any other electronic content or files (collectively referred hereafter as “RES Content”).
Certain elements of the Services including, but not limited to, text, graphics, photos, images, video, audio, color selections and/or web site organization and layout, are copyright protected under United States and international copyright laws and treaty provisions. Any RES Content that is protected by intellectual property laws may not be copied, republished, posted, modified, edited, transmitted, distributed, used to create derivative works of, or reverse engineered without permission, except that you may print out one copy of each page available through the Services solely for personal, non-commercial use. No right, title or interest in any of the RES Content is transferred to you as a result of you accessing, downloading or printing such RES Content from the Services. Any use of RES Content must display the appropriate copyright, trademark and other proprietary notices.
You acknowledge that you have no right, title or interest in or to the Services or any RES Content.
RIDE ENTERTAINMENT SERVICES, SKYCOASTER and all related marks, names and logos are trademarks owned by RES or its affiliated entities. Other marks, names and logos on the Services may be the property of their respective owners.
There may be other content on the Services not owned by RES, and you should respect those property rights as well. All rights not expressly granted herein are reserved to RES.
Sales and Payment Terms —
You can place orders for products through the Skycoaster Store. When you make a purchase, we may require certain personally identifiable information and payment method information in order to complete your purchases. We may share such information with our third-party payment service providers. You agree to make all applicable payments in connection with any order you place. By placing an order through the Skycoaster Store, you agree that: (a) any credit card, debit card or other payment method information supplied by you is true and complete; and (b) you will pay the applicable price listed, as well as any shipping and handling charges and applicable taxes. RES products purchased by you are for personal or gift use and not for commercial use.
RES can withdraw RES products from being offered through the Skycoaster Store at any time and for any reason. Prices listed through the Skycoaster Store are stated in U.S. dollars, and do not include any shipping and handling charges or applicable taxes. Such charges and taxes will be communicated to you before you place an order and you are responsible for paying such charges and taxes. You agree to indemnify and hold RES harmless from and against any liabilities, interest, penalties, or fees assessed against you or RES arising from or related to your failure to pay any such taxes. All prices are subject to change at any time. Purchases made through the Skycoaster Store are not intended for resale.
All orders are subject to acceptance by RES. RES reserves the right not to accept your order for any reason or no reason. RES reserves the right to restrict multiple quantities of a RES product being shipped to any one customer or postal address.
RES, or our third-party service providers, will pack the RES products in accordance with standard practices. You may choose the method of shipment and timing of delivery for products ordered and will be charged shipping and handling charges accordingly. Title to RES products and risk of loss will pass to you upon RES’ delivery of products to the shipping carrier. You acknowledge that all scheduled shipment dates are estimates only. RES will make reasonable efforts to meet the scheduled shipment dates, but in no event will RES be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery.
For information on how we handle returned products, refunds and exchanges, please review Skycoaster’s Refund Policy, available here.
Links to Third-Party Sites —
The Services may contain links to external web sites, apps, social media platforms or other online services not controlled by or affiliated with RES. If you use these links, you will leave the Services. RES provides these links to you only as a convenience. RES is not responsible for the content available through such linked third-party services including, without limitation, any links displayed on such web sites, apps or other services. You access and use any linked third-party services at your own risk.
RES may also allow interaction between the Services and other third-party services such as Facebook, Twitter, Instagram, YouTube, and other social media platforms. This may include “Like” or “Share” buttons or other interactions through third-party buttons or plugins on the Services that when used, may allow you to share content from the Services with other persons on or through the third-party services or elsewhere. Please consult the privacy policies of these third-party services before using them to make sure you are comfortable with the level of sharing that will take place once you interact with them. RES has no control over these third-party services and you use these interaction functions at your own risk. RES is in no way liable for any harm to you as a result of using one of these interaction functions.
Other Prohibited Conduct —
In connection with your access to and/or use of the Services, you agree not to:
- Violate any federal, state, or local laws or regulations.
- Discuss, incite, or promote illegal activity.
- Upload or post anything that imposes an unreasonable or disproportionately large strain on RES’ network or computer infrastructure.
- Upload or post any inappropriate or offensive content or language.
- Use any automated technology such as a robot, spider, or scraper to access, scrape, or data mine the Services.
- Engage in any behavior that attempts to hack into or gain unauthorized access to protected areas of the Services or RES’ computers, servers or networks, or to any computers or systems used by other users of the Services.
- Use the Services in a manner that could destroy, damage, or impair any portion of the Services or any computers, systems, hardware, or software used by Skycoaster or other users of the Services.
- Make unauthorized attempts to modify any information stored on the Services.
- Make attempts to defeat or circumvent security features, or to use the Services for any purpose other than their intended purposes.
- Upload or post any unsolicited or unauthorized advertising or promotional materials, spam emails, chain letters or communications, pyramid schemes, or any other form of such solicitations.
- Provide false or misleading information through the Services including, but not limited to, when signing up for an account on the Skycoaster Store.
- Use the Services to send spam or unsolicited bulk email.
The previous list of prohibitions is not exclusive. RES reserves the right to terminate your access to the Services for any reason.
By accepting these TOU, you waive and hold RES harmless from any claims resulting from any action taken by RES during or as a result of any investigation and/or from any actions taken as a consequence of investigations by either RES or law enforcement related to your use of the Services.
You agree to indemnify, defend and hold Ride Entertainment Systems, RES, their affiliates and their respective officers, directors, employees, agents, licensors, representatives, attorneys, business partners and any party involved in the creation, production or transmission of the Services (“Indemnified Parties”) harmless from and against any and all claims, demands, losses, costs, damages, liabilities, judgments, awards and expenses (including attorneys’ fees, costs of defense, and direct, indirect, punitive, special, individual, consequential, or exemplary damages) that RES or any of the Indemnified Parties suffer in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that relates to your use of the Services and/or any goods or services offered on or through the Services, your breach of these TOU, the use of the Skycoaster Store by any person using your account, or any violation of any applicable law or regulation by you. Your indemnification obligations shall survive the termination of these TOU.
Disclaimer of Warranties —
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.
TO THE EXTENT PERMITTED BY LAW, RES AND THE OTHER INDEMNIFIED PARTIES MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SERVICES OR ANY GOODS OR ADDITIONAL SERVICES AVAILABLE ON OR THROUGH THE SERVICES.
TO THE EXTENT PERMITTED BY LAW, THE INDEMNIFIED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND,WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SECURITY, COMPLETENESS, TIMELINESS, APPROPRIATENESS, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUSES, TITLE, AND NON-INFRINGEMENT.
THIS DISCLAIMER OF WARRANTIES APPLIES TO THE SERVICES, THEIRS CONTENT, AND ANY GOODS OR ADDITIONAL SERVICES OFFERED ON OR THROUGH THE SERVICES. TO THE EXTENT PERMITTED BY LAW, THE INDEMNIFIED PARTIES DO NOT WARRANT THAT THE SERVICES WILL FUNCTION CORRECTLY OR THAT CONTENT WILL BE UNINTERRUPTED, TIMELY OR SECURE.
TO THE EXTENT PERMITTED BY LAW, THE INDEMNIFIED PARTIES DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SERVICES OR ANY CONTENT, THAT THE SERVICES OR THEIR CONTENT WILL BE ERROR-FREE, THAT ANY ERRORS ON THE SERVICES WILL BE CORRECTED, OR THAT THE SERVICES OR THEIR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND ANY GOODS, ADDITIONAL SERVICES, CONTENT OR INFORMATION AVAILABLE ON OR THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
YOU ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIRS IN THE EVENT YOU EXPERIENCE ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SERVICES. TO THE EXTENT PERMITTED BY LAW, THE INDEMNIFIED PARTIES MAKE NO WARRANTIES THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUME NO LIABILITY FOR SUCH INFRINGEMENT.
Limitation of Liability —
TO THE EXTENT PERMITTTED BY LAW, IN NO EVENT WILL RES OR ANY OF THE OTHER INDEMNIFIED PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, ACTUAL OR OTHER DAMAGES SUCH AS LOSS OF REVENUE OR INCOME, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, EVEN IF RES OR ANY OF THE INDEMNIFIED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF: (1) THE USE OR INABILITY TO USE THE SERVICES OR ANY GOODS OR ADDITIONAL SERVICES OFFERED ON OR THROUGH THE SERVICES; (2) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE RES STORE; (3) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR INACCURACIES ON THE SERVICES; AND/OR (4) ANY OTHER MATTER RELATING TO THE SERVICE, INCLUDING ANY LINKS ON THE SERVICES.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE INDEMNIFIED PARTIES TO ANY PARTY EXCEED THE GREATER OF $100.00 USD OR THE AMOUNT YOU PAID TO RES AND/OR THE INDEMNIFIED PARTIES FOR THE APPLICABLE GOOD OR SERVICE OUT OF WHICH THE LIABILITY AROSE, REGARDLESS OF THE TYPE OF ACTION WHETHER IN CONTRACT, TORT, OR OTHERWISE.
IF YOU ARE DISSATISFIED WITH THE SERVICES, THESE TOU AND/OR ANY GOOD OR ADDITIONAL SERVICE OFFERED ON OR THROUGH THE SERVICES, TO THE EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES OR THE APPLICABLE GOOD OR ADDITIONAL SERVICE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN WHICH CASE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN ANY EVENT, THE LIMITATIONS IN THESE TOU WILL APPLY TO THE FULLEST EXTENT ALLOWED UNDER THE LAW. ALL PROVISIONS IN THESE TOU ARE APPLICABLE TO THE EXTENT PERMITTED BY LAW.
Account Protection —
In order to perform certain actions on the Skycoaster Store, you will need to set up an account with access information and a password. You are responsible for maintaining the confidentiality of your password and user name, and agree to notify Skycoaster if your password is lost, stolen, disclosed to an unauthorized party, or otherwise may have been compromised. You are responsible for all activities that occur under your account. You may only set up an account in your own name. You agree to immediately notify Skycoaster at email@example.com of any unauthorized use of your account or any other breach of security in relation to the Services known to you. If Skycoaster suspends or terminates your account under these TOU, you acknowledge that all information and content associated with such account will no longer be available to you.
You may cancel your account at any time by contacting firstname.lastname@example.org.
Geographic Limitation —
RES operates the Services from its headquarters in the United States, and the Services are intended only for users within the U.S. If you use the Services outside the U.S., you are responsible for following your applicable local laws and determining, among other things, whether your use of the Services violates any local laws. By using the Services, you agree and acknowledge that information about you, including personally identifiable information, may be transmitted to, processed in and stored in the U.S.
Comments and Feedback from California Residents —
In compliance with your rights under California Civil Code Section 1789.3, California residents have the right to contact RES with any complaints or to seek additional information. You may email RES at email@example.com. You may also call 1-410-643-9300. For any physical documents, you may send mail to 114 Log Canoe Circle, Stevensville, MD 21666. If California users have any questions or complaints about RES, they may also contact The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 916-445-1254 or 800-952-5210. Hearing impaired persons may call 916-928-1227 or 800-326-2297 via TTY device.
RES does not represent that any content on the Services is completely accurate, and therefore any reliance on such content is done at your own risk. ANY RELIANCE ON ANY OPINIONS OR RECOMMENDATIONS OFFERED ON THE SERVICES IS DONE AT YOUR OWN RISK.
RES does not guarantee or promise that any opinions or recommendations on the Services are helpful or reliable.
YOU AGREE THAT RES IS NOT LIABLE to you or anyone else for any harm that might arise as a result of using or implementing in any manner any of the opinions or recommendations found on the Services.
RES is not responsible for any harm or damages of any kind that may occur to you due to any glitches, hacks, breaches, or any other unauthorized access to RES’ computer or network systems, including any RES hardware or devices, that may or may not result in the disclosure of personally identifiable information you provided to us.
YOU AGREE that any and all disputes relating to these TOU, the Services, your use of the Services, and/or any goods or services offered on or through the Services, are governed by, and will be interpreted in accordance with, the laws of the State of Delaware, without regard to any conflict of laws provisions.
YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT to submit to the exclusive jurisdiction of the courts of the State of Delaware for any litigation arising out of or relating to these TOU, the Services, the use of the Services, and/or any goods referenced or services offered on or through the Services.
YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT to waive any objection to the venue of any such litigation in Delaware courts.
YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY AGREE not to plead or claim in any Delaware court that such litigation brought therein has been brought in an inconvenient forum.
If any part of these TOU is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these TOU, all of which will remain in full force and effect to the extent permitted by law.
Unless otherwise noted, these TOU constitute the entire agreement of the parties with respect to the Services and supersede all prior communications, promises and proposals, whether oral, written, or electronic, between you and RES with respect to the Services.
If you violate any portion of these TOU, RES reserves the right, without an obligation to do so, to deny you access to the Services. If Skycoaster terminates your access to the Services, RES may also delete your account. RES reserves the right to terminate any password-restricted account for any reason.
RES’ failure to enforce any portion of these TOU is not a waiver of such portion.
The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, and any other relevant language that is meant to remain in effect after these TOU end shall survive the termination of these TOU.
RES reserves the right, without notice or reason, to take down or terminate the Services, or otherwise revoke any and all access granted to you related to the Services. You agree that RES is not liable to you or any other third party for this action.
RES does not assume any liability or responsibility for your use of the internet or the Services including, but not limited to, any change your computer, device, or related systems may sustain as a result of accessing the Services.
You are free to text link to the Services so long as there is nothing deceptive or infringing about the link. RES may revoke this linking permission at any time and for any reason.
Certain software elements of the Services may be subject to U.S. export laws and controls. No software may be downloaded or exported to any country or foreign citizen that is under a U.S. embargo or that would otherwise violate U.S. law or regulations.
If you need to contact RES for any reason not already specified in these TOU, please use the following contact information:
MAIL: 114 Log Canoe Circle
Stevensville, MD 21666