TERMS AND CONDITIONS

Thank you for using skinAsite Musician! By using our software program, website, and services you agree to be bound by the following terms and conditions (the "Terms and Conditions").

The skinAsite website, software program, and services is owned and operated by LaMarra's Studio, Inc.

THE FOLLOWING ACTIVITIES ARE PROHIBITED:

(These prohibited activities apply to Demo Accounts and Skin Designer Accounts that reside on our servers only. They do not apply to Registered users. Registered users host their websites with other hosting providers. Whoever you choose to host your website with will have their own policies.)
  1. Adult Material - LaMarra's Studio, Inc. will not allow use of our services to display or create adult material or skins. Uploading of adult images is prohibited. Adult material is images showing nudity on either men or women. LaMarra's Studio, Inc. reserves the right to decide what it considers "adult content", "adult material", "sexually explicit", or "sexually related".
  2. Offensive and/or Racist Material - LaMarra's Studio, Inc. will not allow use of our services to display or create offensive or racist material or skins. Uploading of offensive or racist material is prohibited. Racist material is any material that is discriminatory based on gender, race, age or promotes hate. LaMarra's Studio, Inc. reserves the right to decide what it considers "racist", "offensive".
  3. Profanity and/or Vulgar Language - LaMarra's Studio, Inc. will not allow use of our services to display or create material or skins containing profanity or vulgar language. Uploading and or creating skins or sites with profanity and/or vulgar language is prohibited. LaMarra's Studio, Inc. reserves the right to decide what it considers "profanity", "vulgar language".
  4. Defamatory or Abusive Language - Using LaMarra's Studio, Inc.’s service as a means to transmit or post defamatory, harassing, abusive, or threatening language is prohibited. LaMarra's Studio, Inc. reserves the right to decide what it considers "Defamatory or Abusive Language".
  5. Intellectual Property Violations - Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. LaMarra's Studio, Inc. is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also LaMarra's Studio, Inc.’s policy to terminate the privileges of customers who commit repeat violations of copyright laws.

Termination

LaMarra's Studio, Inc. reserves the right to refuse service to anyone, and cancel your account at anytime. LaMarra's Studio, Inc., in its sole discretion, may immediately terminate this Agreement, delete the files in the account, and terminate the account, if the User (or anyone giving access to the user's account by the user) engages in any of the foregoing and/or causes disruptions or excessive problems to LaMarra's Studio, Inc. and the skinAsite service.

Intellectual Property

You acknowledge that LaMarra's Studio, Inc. own all rights, title and interest in and to skinAsite Musician, portions thereof, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to modify, adapt, translate, prepare derivative works from skinAsite Musician. You also agree to not remove, obscure, or alter LaMarra's Studio Inc.'s copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through skinAsite Musician.

The following applies to all submitted skins:

  1. The skin will not infringe on the copyrights of others.
  2. You are the the designer/creator or owner of the submitted skin.
  3. The skin may not contain adult material(nudity), offensive or racist material, profanity or vulgar language, or defamatory or abusive language.
If the skin is for "Free", the following apply:
  1. The designer agrees to release all copyrights and ownership of a skin that is offered for free.
  2. Any user that downloads a free skin can make changes, copies, and even sale the skin.
If the skin is for a "repeat" sale, the following apply:
  1. The designer retains copyrights and ownership of the skin.
  2. The designer agrees to allow the buyer to use the skin only on the buyer's own website.
  3. The buyer is permitted to make changes to the skin, or customize the skin, as needed for their own website.
  4. The buyer is not allowed to make copies for other users or resale the skin.
  5. The designer/creator can also offer derivatives of the skin for other "repeat" sales.
If the skin is for a "one time" sale, the following apply:
  1. The skin is a new design/creation and not a copy or derivate of another existing skin.
  2. The designer agrees to release all copyrights and ownership of the skin to the buyer at the time of the purchase. The buyer will become the owner of the skin, and all rights will be transferred to the buyer.
  3. The designer will not sale the skin again, or use the skin or any derivatives of it to make other skins.
LaMarra's Studio, Inc. can refuse to post any skin for any reason.


The following applies to all purchased skins:

All sales are final. Refunds can not be given for any reason on skins that have been purchased and downloaded.

Price does not include any customizing.

If the type of sale is "repeat", the following apply:
  1. The designer retains copyrights and ownership of the skin.
  2. The buyer can use the skin only on their own website.
  3. The buyer is permitted to make changes to the skin, or customize the skin, as needed for their own website.
  4. The buyer is not allowed to make copies (or any derivatives) for other users, or resale the skin (or any derivatives of the skin).
If the type of sale is "one time", the following apply:
  1. The designer agrees to release all copyrights and ownership of the skin to the buyer at the time of the purchase.
  2. The buyer will become the owner of the skin, and all rights will be transferred to the buyer.
Skins do not contain 'Your Band's Name' or other similar text titles that appear in the screenshots. Parts of the skin (header image, entrance page image, etc.) must customized with your own name, or logo by you or a designer.

The skin does not contain any of the photos or text that appears in the content areas (like photos of the band, players, project photos, store photos, etc.).

LaMarra's Studio, Inc. will not be held responsible for any skin that does not function properly.


Disclaimer of Warranties

LaMarra's Studio, Inc. disclaim any responsibility for any harm resulting from your use of skinAsite Musician, the skinAsite website, and related services.

SKINASITE MUSICIAN AND THE SKINASITE WEBSITE AND/OR SERVICES IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. LAMARRA'S STUDIO, INC. EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. LAMARRA'S STUDIO,INC. DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF SKINASITE MUSICIAN.

YOU UNDERSTAND AND AGREE THAT YOU USE SKINASITE MUSICIAN AND THE SKINASITE WEBSITE AND/OR SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF SKINASITE MUSICIAN AND THE SKINASITE WEBSITE AND/OR SERVICES. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL LAMARRA'S STUDIO, INC. BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF SKINASITE MUSICIAN AND THE SKINASITE WEBSITE AND/OR SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF LAMARRA'S STUDIO, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON SKINASITE MUSICIAN AND THE SKINASITE WEBSITE AND/OR SERVICES, FROM INABILITY TO USE SKINASITE MUSICIAN AND THE SKINASITE WEBSITE AND/OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF SKINASITE MUSICIAN AND THE SKINASITE WEBSITE AND/OR SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Miscellaneous Provisions

These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Alabama, without giving effect to the conflict of laws provisions of Alabama or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect.

These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by LaMarra's Studio, Inc..

LaMarra's Studio, Inc. reserves the right to discontinue our website, and/or services at anytime.

LaMarra's Studio, Inc. reserves the right to change or modify these Terms and Conditions at any time. LaMarra's Studio, Inc. will not notify users of changes to the Terms and Conditions. It is the responsibility of the user to review the Terms and Conditions on a regular basis for changes. Our Terms and Conditions can be read on our website by clicking the link at the bottom of our website pages. The user can cancel their account and terminate this Agreement at anytime if the user does not agree with any changed or modified Terms and Conditions.