TERMS & CONDITIONS

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. ALL USERS OF THIS SITE AGREE THAT ACCESS TO AND USE OF THIS SITE ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS AND OTHER APPLICABLE LAW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SITE.

THE SITE AND ITS CONTENT, ARE PROTECTED BY COPYRIGHT, TRADE DRESS, MORAL RIGHTS, TRADEMARK AND OTHER LAWS RELATING TO THE PROTECTION OF INTELLECTUAL PROPERTY. UNLESS OTHERWISE INDICATED, ALL OF THE CONTENT FEATURED OR DISPLAYED ON THE SITE, INCLUDING BUT NOT LIMITED TO TEXT, GRAPHICS, AND PHOTOGRAPHIC IMAGES IS OWNED BY STEPS APPAREL GROUP, INC. DBA SKIES ARE BLUE (“SKIES ARE BLUE”).

THE SITE AND ALL ITS CONTENT ARE INTENDED FOR VIEWING ONLY. PERMISSION IS GRANTED TO ELECTRONICALLY COPY AND PRINT HARD COPY PORTIONS OF THIS SITE FOR THE SOLE PURPOSE OF PLACING AN ORDER WITH SHOPSKIESAREBLUE.COM OR PURCHASING SKIES ARE BLUE PRODUCTS.

ANY OTHER USE, INCLUDING BUT NOT LIMITED TO THE REPRODUCTION, DISTRIBUTION, DISPLAY OR TRANSMISSION OF THE CONTENT OF THIS SITE IS STRICTLY PROHIBITED, UNLESS AUTHORIZED BY SKIES ARE BLUE. YOU FURTHER AGREE NOT TO CHANGE OR DELETE ANY PROPRIETARY NOTICES FROM MATERIALS OBTAINED FROM SKIES ARE BLUE.

IN ACCORDANCE WITH THE DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) AND OTHER APPLICABLE LAWS, SKIES ARE BLUE. HAS ADOPTED A POLICY OF TERMINATING, IN APPROPRIATE CIRCUMSTANCES AND AT SKIES ARE BLUE’S SOLE DISCRETION, ACCOUNT HOLDERS WHO INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF SKIES ARE BLUE.

ALL TRADEMARKS, SERVICE MARKS AND TRADE NAMES OF SKIES ARE BLUE. USED IN THE SITE ARE TRADEMARKS OR REGISTERED TRADEMARKS OF SKIES ARE BLUE.

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT SKIES ARE BLUE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

FROM TIME TO TIME THERE MAY BE INFORMATION ON SKIES ARE BLUE THAT CONTAINS TYPOGRAPHICAL ERRORS, INACCURACIES, OR OMISSIONS THAT MAY RELATE TO PRODUCT DESCRIPTIONS, PRICING, AND AVAILABILITY. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE (INCLUDING AFTER YOU HAVE SUBMITTED YOU ORDER). IF YOU ARE NOT COMPLETELY SATISFIED WITH YOU SKIES ARE BLUE PURCHASE, PLEASE SEE OUR RETURN POLICY FOR RETURN PROCEDURES AND DETAILS.

SKIES ARE BLUE SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF SKIES ARE BLUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

THIS AGREEMENT IS EFFECTIVE UNLESS AND UNTIL TERMINATED BY EITHER YOU OR SKIES ARE BLUE. YOU MAY TERMINATE THIS AGREEMENT AT ANY TIME. SKIES ARE BLUE ALSO MAY TERMINATE THIS AGREEMENT AT ANY TIME AND MAY DO SO IMMEDIATELY WITHOUT NOTICE, AND ACCORDINGLY, DENY YOU ACCESS TO THE SITE, IF IN SKIES ARE BLUE'S SOLE DISCRETION YOU FAIL TO COMPLY WITH ANY TERM OR PROVISION OF THIS AGREEMENT. UPON ANY TERMINATION OF THIS AGREEMENT BY EITHER YOU OR SKIES ARE BLUE, YOU MUST PROMPTLY DESTROY ALL MATERIALS OBTAINED FROM THIS SITE OR DIRECTLY FROM SKIES ARE BLUE AS WELL AS ALL COPIES OF SUCH MATERIALS WHETHER MADE UNDER THE TERMS OF THIS AGREEMENT OR OTHERWISE. THESE TERMS AND CONDITIONS, OR ANY PART OF THEM, MAY BE TERMINATED BY SKIES ARE BLUE WITHOUT NOTICE AT ANY TIME, FOR ANY REASON. THE OBLIGATIONS AND LIABILITIES OF THE PARTIES INCURRED PRIOR TO THE TERMINATION DATE SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR ALL PURPOSES.

YOUR USE OF THIS SITE SHALL BE GOVERNED IN ALL RESPECTS BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CHOICE OF LAW PROVISIONS. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS SITE (INCLUDING BUT NOT LIMITED TO THE PURCHASE OF SKIES ARE BLUE PRODUCTS) SHALL BE IN THE STATE OR FEDERAL COURTS LOCATED IN LOS ANGELES COUNTY, CALIFORNIA. SKIES ARE BLUE'S FAILURE TO INSIST UPON OR ENFORCE STRICT PERFORMANCE OF ANY PROVISION OF THESE TERMS AND CONDITIONS SHALL NOT BE CONSTRUED AS A WAIVER OF ANY PROVISION OR RIGHT. NEITHER THE COURSE OF CONDUCT BETWEEN THE PARTIES NOR TRADE PRACTICE SHALL ACT TO MODIFY ANY OF THESE TERMS AND CONDITIONS. SKIES ARE BLUE MAY ASSIGN ITS RIGHTS AND DUTIES UNDER THIS AGREEMENT TO ANY PARTY AT ANY TIME WITHOUT NOTICE TO YOU.

USE OF SITE
HARASSMENT IN ANY MANNER OR FORM ON THE SITE, INCLUDING VIA E-MAIL, CHAT, OR BY USE OF OBSCENE OR ABUSIVE LANGUAGE, IS STRICTLY FORBIDDEN. IMPERSONATION OF OTHERS, INCLUDING A SKIES ARE BLUE OR OTHER LICENSED EMPLOYEE, HOST, OR REPRESENTATIVE, AS WELL AS OTHER MEMBERS OR VISITORS ON THE SITE IS PROHIBITED. YOU MAY NOT UPLOAD TO, DISTRIBUTE, OR OTHERWISE PUBLISH THROUGH THE SITE ANY CONTENT WHICH IS LIBELOUS, DEFAMATORY, OBSCENE, THREATENING, INVASIVE OF PRIVACY OR PUBLICITY RIGHTS, ABUSIVE, ILLEGAL, OR OTHERWISE OBJECTIONABLE WHICH MAY CONSTITUTE OR ENCOURAGE A CRIMINAL OFFENSE, VIOLATE THE RIGHTS OF ANY PARTY OR WHICH MAY OTHERWISE GIVE RISE TO LIABILITY OR VIOLATE ANY LAW. YOU MAY NOT UPLOAD COMMERCIAL CONTENT ON THE SITE OR USE THE SITE TO SOLICIT OTHERS TO JOIN OR BECOME MEMBERS OF ANY OTHER COMMERCIAL ONLINE SERVICE OR OTHER ORGANIZATION.

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SKIES ARE BLUE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS AND CONDITIONS OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SITE USING YOUR INTERNET ACCOUNT.

IN AN ATTEMPT TO PROVIDE INCREASED VALUE TO OUR VISITORS, SKIES ARE BLUE. MAY LINK TO SITES OPERATED BY THIRD PARTIES. HOWEVER, EVEN IF THE THIRD PARTY IS AFFILIATED WITH SKIES ARE BLUE, SKIES ARE BLUE HAS NO CONTROL OVER THESE LINKED SITES, ALL OF WHICH HAVE SEPARATE PRIVACY AND DATA COLLECTION PRACTICES, INDEPENDENT OF SKIES ARE BLUE. THESE LINKED SITES ARE ONLY FOR YOUR CONVENIENCE AND THEREFORE YOU ACCESS THEM AT YOUR OWN RISK. NONETHELESS, SKIES ARE BLUE SEEKS TO PROTECT THE INTEGRITY OF ITS WEB SITE AND THE LINKS PLACED UPON IT AND THEREFORE REQUESTS ANY FEEDBACK ON NOT ONLY ITS OWN SITE, BUT FOR SITES IT LINKS TO AS WELL (INCLUDING IF A SPECIFIC LINK DOES NOT WORK).