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THE FOLLOWING DESCRIBES THE TERMS ON WHICH SkylarMedia.com, OR ANY PRIVATE LABEL VERSION OF THE Skylar Media Inc SERVICE OFFERS YOU ACCESS TO OUR SERVICES.
The services available at http://www.SkylarMedia.com (the "Site") and private label versions of the Site ("Services") are owned and operated by E-Media Inc, a New York corporation, doing business as SkylarMedia.com ("Skylar Media Inc"), and are provided to you ("You") under the following terms and conditions (the "Agreement"). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our Services. Skylar Media Inc may amend this Agreement at any time by posting the amended terms and conditions on the Site or private label versions of the Site (together the "Sites"). This Agreement may not be otherwise amended except in writing signed by you and Skylar Media Inc.
1. SERVICES. Skylar Media Inc is a lead generation service that matches requests from potential customers ("Buyers") with individuals and entities that offer products or services via the Services ("Businesses") that may be able to meet Buyers needs. Skylar Media Inc is not involved in the actual transaction between Buyers and Businesses. Consequently, Skylar Media Inc cannot ensure that a transaction will occur. Further, if a transaction does occur, Skylar Media Inc has no control over the quality, safety or legality of the item or service sold. The Sites acts as the venue for You to submit requests to Businesses listed in various categories who may Skylar Media Inc to Your requests. This service is free for Buyers to use in submitting requests and reviewing responses. Skylar Media Inc does not charge Buyers to use this service. All charges associated with this service are incurred by the Businesses that Skylar Media Inc to requests.
2. CONDUCT. Please use common sense and practice safe trading when using the Service. You agree to provide true, accurate, current and complete information to Skylar Media Inc and Businesses when using the Service. You may not allow anyone else to use Your email address and You may not use anyone else's email address while using the Service. You agree to notify Skylar Media Inc immediately of any unauthorized use of your email or any other breach of security. Skylar Media Inc will not be liable for any loss or damage arising from your failure to comply.
You agree to not use the Service:
a) for any purpose in violation of local, state, national, or international laws;
b) to request the purchase of fire arms;
c) in a manner that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
d) to transmit, post or make available any information, data, text, files, links, software, chat, communication, or any other materials that are unlawful, harmful, threatening, abusive, invasive of another's privacy, harassing, defamatory, slanderous, vulgar, obscene, hateful, racist, embarrassing or otherwise objectionable to any other person or entity as determined by Skylar Media Inc Service in its sole discretion;
e) to transmit, post or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "Spam," "chain letters," "pyramid schemes," or any other form of solicitation.
f) To impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
g) To post improper responses;
h) to 'stalk' or otherwise harass another;
i) to distribute viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer or telecommunications equipment;
j) to engage in any other conduct that inhibits any other person from using or enjoying Skylar Media Inc and which negatively affects the user experience. You acknowledge that Skylar Media Inc screens Your requests to Businesses and has the right (but not the obligation) in our sole discretion to deny any request or remove any content that is in violation of these terms and conditions.
3. PRIVACY. Solely to enable Skylar Media Inc to use the information you supply us with ("Your Information"), so that we and Businesses are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Skylar Media Inc will only use Your Information in accordance with our Privacy Policy and will require that Businesses who use Your information use it in accordance with our Privacy Policy. For more information, see our full Privacy Policy.
4. CONTENT. Skylar Media Inc reserves the right to post on the Sites the text in the "Details" box and additional product or service information entered by you in the request form ("Content"); however, we will not post any information you input in the fields calling for personally identifiable information to Businesses, unless you specifically provide your personal information and select that it can be provided to Businesses. You hereby acknowledge that neither SkylarMedia.com nor any of its service providers or partners ("Partners") has or shall have any liability for how the Services are used, what Content is posted or accessed, or what products or services are made available through the Sites.
5. RELEASE. Because we are not involved in the actual transaction between buyers and businesses, in the event that you have a dispute, for any reason, You release Skylar Media Inc (and our officers, directors, agents, and employees) from claims, demands, and damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code ?1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
6. Skylar Media Inc'S PROPRIETARY RIGHTS. You acknowledge and agree that the Sites and Service and any necessary software used in connection with the Sites or Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content on the Sites or presented to you through the Service is protected by copyrights, trademarks, patents and other proprietary rights and laws. Except as expressly authorized by Skylar Media Inc, you agree not to modify, sell, distribute or create derivative works based on the Sites, Service or software, in whole or part.
7. UPGRADES, SUPPORT AND NOTICES. From time to time, Skylar Media Inc may (and has the right to) send You information and offers about upgrades, documentation, special announcements and other services offered by Skylar Media Inc. Notwithstanding the foregoing, under no circumstances will Skylar Media Inc or any of its Partners have any obligation to provide You with upgrades, enhancements, modifications, or support for the Services or Sites. 8. INDEMNITY. You agree to indemnify and hold Skylar Media Inc, its parents, subsidiaries, affiliates, officers, employees and Partners, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the following: Your use of the Services, use of Your account by any third party, Your purchase or use of products or services offered by the Businesses, the violation of this Agreement by You, or the infringement by You, or any third party using Your account, of any intellectual property or other right of any person or entity.
9. WARRANTY DISCLAIMER. You use the Services at Your own risk. THE SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER Skylar Media Inc NOR ANY OF ITS PARTNERS MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR ANY CONTENT OR PRODUCTS, AND HEREBY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the above limitations may not apply to you. 10. LIMITATION OF LIABILITY. IN NO EVENT SHALL Skylar Media Inc OR OUR PARTNERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITES, THE USE OR THE INABILITY TO USE THE SERVICE OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR PARTNERS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT FEES YOU PAY US IN THE TWELVE MONTHS PRIOR TO THE DATE THE CAUSE OF ACTION AROSE. This service is free for Buyers to use in submitting requests and reviewing responses. Skylar Media Inc does not charge Buyers to use this service. All charges associated with this service are incurred by the Businesses that Skylar Media Inc to requests. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you.
11. GENERAL. This agreement constitutes the entire agreements between You and Skylar Media Inc. The 1980 U.N. Convention on Contracts for the International Sale of Goods shall not govern the rights and obligations of the parties under this Agreement; rather such rights and obligations shall be governed in all respects by the laws of the State of California without regard to its conflict of law provisions. The Superior Court of Santa Clara County and/or the United States District Court for the Northern District of California will have exclusive jurisdiction and venue over all controversies in connection herewith, and each party hereby consents to such exclusive and personal jurisdiction and venue. This Agreement is in the English language only, which language shall be controlling in all respects, and all versions hereof in any other language shall not be binding on the parties hereto. All communications and notices to be made or given pursuant to this Agreement shall be in the English language. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by You without Skylar Media Inc's prior written consent. Skylar Media Inc may assign this Agreement in whole or in part. No agency, partnership, joint venture, or employment is created as a result of this Agreement and You do not have any authority of any kind to bind Skylar Media Inc in any respect whatsoever. Headings are for convenience only and have no legal or contractual effect. All notices under this Agreement shall be in writing and shall be deemed to have been duly given when receipt is electronically confirmed, if transmitted by facsimile or email or upon receipt, if sent by certified or registered mail, return receipt requested.
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