Terms & Conditions
If you do not agree to the Terms of Use, discontinue
using the site immediately!
By using this site, you signify your Assent and Agreement to these Terms of
Use. If you do not agree to these Terms of Use, do not use the site.
Restrictions on Use of Materials
Materials in this website are Copyrighted and all rights are reserved. Text,
graphics, databases, HTML code, and other intellectual property are protected by
US and International Copyright Laws, and may not be copied, reprinted,
published, reengineered, translated, hosted, or otherwise distributed by any
means without explicit permission. All of the trademarks on this site are
trademarks of Canned Greetings, Inc, dba opptown.com/SKgraphics (hereinafter SKgraphics) or of other owners used with their
permission.
Database Ownership, License, and Use
SKgraphics warrants, and you accept, that SKgraphics is
the owner of the copyright of the Databases of Links to articles and resources
available from time to time through http://www.opptown.com/SKgraphics. SKgraphics
and its contributors reserve all rights and no intellectual property rights are
conferred by this agreement.
SKgraphics grants you a non-exclusive, non-transferable license to
use database(s) accessible to you subject to these Terms and Conditions. The
database(s) may be used only for viewing information or for extracting
information to the extent described below.
You agree to use information obtained from SKgraphics's databases
only for your own private use or the internal purposes of your home or business,
provided that is not the selling or broking of information, and in no event
cause or permit to be published, printed, downloaded, transmitted, distributed,
reengineered, or reproduced in any form any part of the databases (whether
directly or in condensed, selective or tabulated form) whether for resale,
republishing, redistribution, viewing, or otherwise.
Nevertheless, you may on an occasional limited basis download or print out
individual pages of information that have been individually selected, to meet a
specific, identifiable need for information which is for your personal use only,
or is for use in your business only internally, on a confidential basis. You may
make such limited number of duplicates of any output, both in machine-readable
or hard copy form, as may be reasonable for these purposes only. Nothing herein
shall authorize you to create any database, directory or hard copy publication
of or from the databases, whether for internal or external distribution or use.
Liability
The materials in this site are provided "as is" and without
warranties of any kind either express or implied. SKgraphics
disclaims all warranties, express or implied, including, but not
limited to, implied warranties of merchantability and fitness for a
particular purpose. SKgraphics does not warrant that the
functions contained in the materials will be uninterrupted or
error-free, that defects will be corrected, or that this site or the
server that makes it available are free of viruses or other harmful
components. SKgraphics does not warrant or make any
representations regarding the use or the results of the use of the
materials in this site in terms of their correctness, accuracy,
reliability, or otherwise. You (and not SKgraphics assume
the entire cost of all necessary servicing, repair or correction.
Applicable law may not allow the exclusion of implied warranties, so
the above exclusion may not apply to you.
Under no circumstances, including, but not
limited to, negligence, shall SKgraphics be liable
for any special or consequential damages that result from the use of,
or the inability to use, the materials in this site, even
if SKgraphics or a SKgraphics
authorized representative has been advised of the possibility of such
damages. Applicable law may not allow the limitation or exclusion of
liability or incidental or consequential damages, so the above
limitation or exclusion may not apply to you. In no event
shall SKgraphics's total liability to you for all
damages, losses, and causes of action (whether in contract, tort,
including but not limited to, negligence or otherwise) exceed the
amount paid by you, if any, for accessing this site.
Facts and information at this website are believed to be accurate at the time
they were placed on the website. Changes may be made at any time without prior
notice. All data provided on this website is to be used for information purposes
only. The information contained on this website and pages within, is not
intended to provide specific legal, financial or tax advice, or any other
advice, whatsoever, for any individual or company and should not be relied upon
in that regard. The services described on this website are only offered in
jurisdictions where they may be legally offered. Information provided in our
website is not all-inclusive, and is limited to information that is made
available to SKgraphics and such information should not be relied
upon as all-inclusive or accurate.
Links and Marks
The owner of this site is not necessarily affiliated with sites that may be
linked to this site and is not responsible for their content. The linked sites
are for your convenience only and you access them at your own risk. Links to
other websites or references to products, services or publications other than
those of SKgraphics and its subsidiaries and affiliates at this
website, do not imply the endorsement or approval of such websites, products,
services or publications by SKgraphics or its subsidiaries and
affiliates.
Certain names, graphics, logos, icons, designs,
words, titles or phrases at this website may constitute trade names,
trademarks or service marks of SKgraphics or of
other entities. The display of trademarks on this website does not
imply that a license of any kind has been granted. Any unauthorized
downloading, re-transmission, or other copying of modification of
trademarks and/or the contents herein may be a violation of federal
common law trademark and/or copyright laws and could subject the copier
to legal action.
Confidentiality of Codes, Passwords and Information
You agree to treat as strictly private and
confidential any Subscriber Code, username, user ID, or password which
you may have received from SKgraphics, and all
information to which you have access through password-protected areas
of SKgraphics's websites and will not cause or
permit any such information to be communicated, copied or otherwise
divulged to any other person whatsoever.
Other Legal Stuff
These Terms of Use will apply to every access to
http://www.opptown.com/SKgraphics. SKgraphics reserves the
right to issue revisions to these Terms of Use by publishing a revised
version of this document on this site: that version will then apply to
all use by you following the date of publication. Each access of
information from SKgraphics will be a separate, discrete
transaction based on the then prevailing terms.
This Terms of Use and the license granted may not be assigned or sublet by
You without SKgraphics's written consent in advance.
These Terms of Use shall be governed by, construed and enforced in accordance
with the laws of the Indiana, as it is applied to agreements entered
into and to be performed entirely within such jurisdiction.
To the extent you have in any manner violated or threatened to
violate SKgraphics and/or its affiliates' intellectual
property rights, SKgraphics and/or its affiliates may seek
injunctive or other appropriate relief in any state or federal court in
the State of Indiana, and you consent to exclusive jurisdiction and
venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it
with the help of a mutually agreed-upon mediator in the following location:
Fort Wayne, Indiana. Any costs and fees other than attorney
fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through
mediation, we agree to submit the dispute to binding arbitration at the
following location: Fort Wayne, Indiana, under the rules
of the American Arbitration Association. Judgment upon the award rendered by the
arbitration may be entered in any court with jurisdiction to do so.
If any provision of this agreement is void or unenforceable in whole or in
part, the remaining provisions of this Agreement shall not be affected thereby.
Termination
These Terms of Use agreement are effective until terminated by
either party. You may terminate this agreement at any time by
destroying all materials obtained from any and all
http://www.opptown.com/SKgraphics site(s) and all related documentation
and all copies and installations thereof, whether made under the terms
of this agreement or otherwise. This agreement will terminate
immediately without notice at SKgraphics's sole discretion,
should you fail to comply with any term or provision of this agreement.
Upon termination, you must destroy all materials obtained from this
site and any and all other http://www.opptown.com/SKgraphics site(s) and
all copies thereof, whether made under the terms of this agreement or
otherwise.