| Terms of Use
Big Sky Case Covers,
Inc., agrees to allow you access to its website
("Website") conditional upon your acceptance and
compliance with the terms, conditions, notices and
disclaimers contained in this document ("Terms of
Use"). Your use of, and/or access to, the Website
constitutes your agreement to the Terms of Use. Big
Sky Case Covers, Inc., reserves the right to amend the
Terms of Use at any time. Since you are bound by these
Terms of Use, you should periodically refer to them in
this document and elsewhere on the Website.
Intellectual property and restrictions
on use of Content on the Website
All information, text, material, graphics, software
and advertisements on the Website ("Content") are
Copyright © 2007 Big Sky Case Covers, Inc., its
suppliers and/or licensors unless expressly indicated
otherwise on the Website. The Content is protected by
Australian and international copyright and trademark
laws. Content on the Website is published in
real-time, and you must not modify, copy, reproduce,
republish, frame, upload to a third party, post,
transmit or distribute this Content in any way except
as expressly provided for on the Website or expressly
authorized in writing by Big Sky Case Covers, Inc..
Strictly on the condition that you keep all Content
intact and in the same form as presented on the
Website (including without limitation all copyright,
trademark and other proprietary notices and all
advertisements), you may use an
industry-standard
Web browser, download and view the Content for your
personal use. You must not use the Website in any
manner or for any purpose which is unlawful or in any
manner which violates any right of Big Sky Case
Covers, Inc., or which is prohibited by the Terms of
Use.
User license to
Big Sky Case Covers, Inc.:
By placing any information or other material on the
Website (including posting messages, uploading files,
inputting data or engaging in any other form of
communication), you grant to Big Sky Case Covers,
Inc., a perpetual, royalty-free, non-exclusive,
irrevocable, unrestricted, worldwide license to do the
following in respect of the information or material:
1. use, copy,
sublicense, redistribute, adapt, transmit, publish
and/or broadcast, publicly perform or display, and
2. sublicense to any
third parties the unrestricted right to exercise any
of the foregoing rights granted.
The foregoing grant
includes the right to exploit all proprietary rights
in any such information or other material including
but not limited to rights under copyright, trademark,
service mark or patent laws under any jurisdiction
worldwide. You expressly waive in favor of Big Sky
Case Covers, Inc., and any other party authorized by
Big Sky Case Covers, Inc., all moral rights and any
similar rights in any jurisdiction which you may have
or hereafter acquire in respect of any relevant
communication or other material. At the request and
expense of Big Sky Case Covers, Inc., you will execute
and deliver to Big Sky Case Covers, Inc., such
instruments and take such other actions as may be
required to carry out this grant of license and
waiver.
Links to third party websites
The Website contains hyperlinks and other pointers to
Internet websites operated by third parties. These
linked websites are not under the control of Big Sky
Case Covers, Inc., and Big Sky Case Covers, Inc., is
not responsible for the contents of any linked web or
any hyperlink contained in a linked website. Big Sky
Case Covers, Inc., provides these hyperlinks to you as
a convenience only, and the inclusion of any link does
not imply any endorsement of the linked website by Big
Sky Case Covers, Inc.. You link to any such website
entirely at your own risk.
Disclaimer and limitation of liability
The Trade Practices Act and similar State and
Territory Legislation in United States of America may
confer rights and remedies on you in relation to the
provision by Big Sky Case Covers, Inc., of goods or
services on the Website which cannot be excluded,
restricted or modified ("Non-excludable Rights"). Big
Sky Case Covers, Inc., does not exclude any
Non-excludable Rights but does exclude all other
conditions and warranties implied by custom, law or
statute.
Except as provided
for by the Non-excludable Rights: a) all Content is
provided "as is" and without warranties of any kind,
either express or implied, b) Big Sky Case Covers,
Inc., and its suppliers expressly disclaim all
warranties of any kind including but not limited to
implied warranties of merchantability and fitness for
a particular purpose, c) Big Sky Case Covers, Inc.,
does not warrant that the functions contained in any
Content or your access to the Website will be
uninterrupted or error-free, that any defects will be
corrected or that the Website or the server which
stores and transmits Content to you are free of
viruses or any other harmful components, d) Big Sky
Case Covers, Inc., does not warrant or make any
representation regarding your access to, or the
results of your access to, the Website (including any
related or linked websites) or any Content in terms of
correctness, accuracy, timeliness, completeness,
reliability or otherwise, and e) you (and not Big Sky
Case Covers, Inc., ) assume the entire cost of any
necessary verification, maintenance, repair and/or
correction of any relevant Content.
Under no
circumstances (including but not limited to any act or
omission on the part of Big Sky Case Covers, Inc., )
will Big Sky Case Covers, Inc., be liable for any
indirect, incidental, special and/or consequential
damages or loss of profits whatsoever which result
from any use or access of, or any inability to use or
access, the Website or any Content.
To the fullest
extent permitted by law, Big Sky Case Covers, Inc.,'s
liability for breach of any implied warranty or
condition which cannot be excluded is limited at the
option of Big Sky Case Covers, Inc., to, in the case
of services supplied or offered by Big Sky Case
Covers, Inc.,, (a) the supply of the services again,
or (b) the payment of the cost of having services
supplied again; and in the case of goods supplied or
offered by Big Sky Case Covers, Inc.,, (c) the
replacement of the goods or the supply of equivalent
goods, (d) the repair of such goods, (e) the payment
of the cost of replacing the goods or acquiring
equivalent goods, or (f) the payment of the cost of
having the goods repaired.
Termination
The Terms of Use are effective until terminated by Big
Sky Case Covers, Inc., and Big Sky Case Covers, Inc.,
may terminate this agreement and your access to the
Website at any time without notice. In the event of
termination, you are no longer authorized to access
the Website, but all restrictions imposed on you,
licenses granted by you and all Big Sky Case Covers,
Inc., disclaimers and limitations of liability set out
in the Terms of Use will survive.
Miscellaneous
Big Sky Case Covers, Inc., relies on your continued
observance of these Terms of Use. If Big Sky Case
Covers, Inc., suffers any loss or damage or incurs any
costs in connection with any breach of these Terms of
Use or any other legal obligation then you agree to
indemnify Big Sky Case Covers, Inc., for those losses,
damages and costs.
This agreement will
be governed by and construed in accordance with the
laws of the United States of America. You irrevocably
and unconditionally submit to the non-exclusive
jurisdiction of the courts of the United States of
America. If any provision of this agreement is found
to be invalid or unenforceable by a court of law, such
invalidity or unenforceability will not affect the
remainder of the agreement, which will continue in
full force and effect.
All rights not
expressly granted herein are reserved.
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