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Please note=
that "We&quo=
t;,
"Us", "Our" as used throughout this policy statement re=
fer
to www.eyeintheskyvideo.com=
.
IMPORTANT!
THESE TERMS OF SERVICE (TOS) GOVERN YOUR USE OF THIS SITE www.eyeintheskyvideo.com. =
;
BY
ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE =
OF
THESE TERMS OF USE. THE=
SE
TERMS OF SERVICE SET OUT THE CONDITIONS OF YOUR LAWFUL USE AND INDEMNIFY TH=
IS
WEBSITE FROM ANY AND ALL HARM, WHETHER PERSONAL, EMOTIONAL OR COMMERCIAL, T=
HAT
YOU MIGHT SUFFER AS A RESULT OF VISITING OR USING THIS WEBSITE.
YOU
ARE HEREBY PUT ON NOTICE THAT YOU USE THIS WEBSITE AT YOUR OWN RISK.
THESE
TERMS OF USE ARE SUBJECT TO CHANGE BY OUR WEBSITE AT ANY TIME IN ITS
DISCRETION.
YOUR
USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR
ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TE=
RMS
OF USE REGULARLY.
Access To This Site
YOU
MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU ARE UN=
DER
EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEB SITE FOR ANY
REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEB SITE, NO
INFORMATION OBTAINED BY THIS WEB SITE, FALLS WITHIN THE CHILD ONLINE PRIVACY
ACT (COPA) AND IS NOT MONITORED AS DOING SO.
Information
To
access this site or some of the resources it has to offer, you may be asked=
to
provide certain registration details or other information. It is a
condition of your use of this site that all the information you provide on =
this
site will be correct, current, and complete. If our website believes =
the
information you provide is not correct, current, or complete, we have the r=
ight
to refuse you access to this site or any of its resources, and to terminate=
or
suspend your access at any time, without notice. This is addressed in more depth in=
the Pri=
vacy
Policy page which you have an affirmative duty to read as a conditio=
n of
you visiting or using this site.
Restrictions On Use
You
may use this site for purposes expressly permitted by this site. You =
may
not use this site for any other purpose, including any commercial purpose,
without our website's express p=
rior
written consent. For example, you may not (and may not authorize any
other party to) (i) co-brand this site, or=
(ii)
frame this site, or (iii) hyper-link to this site, without the express prior
written permission of an authorized representative of our website. For
purposes of these Terms of Use, co-branding means to display a name, logo,
trademark, or other means of attribution or identification of any party in =
such
a manner as is reasonably likely to give a user the impression that such ot=
her
party has the right to display, publish, or distribute this site or content
accessible within this site. You agree to cooperate with our website =
in
causing any unauthorized co-branding, framing or hyper-linking immediately =
to
cease.
Proprietary Inform=
ation
The
material and content (hereinafter referred to as "Contents")
accessible from this site, and any other website owned, operated, licensed,=
or
controlled by our website is the proprietary information of our website or =
the
party that provided the Content to our website, and our website or the party
that provided the Content to our website retains all right, title, and inte=
rest
in the Content. Accordingly, the Content may not be copied, distribut=
ed,
republished, uploaded, posted, or transmitted in any way without the prior
written consent of our website, or unless authorized in writing elsewhere on
our site, except that you may print out a copy of the Content solely for yo=
ur
personal use. In doing so, you may not remove or alter, or cause to be
removed or altered, any copyright, trademark, trade name, service mark, or =
any
other proprietary notice or legend appearing on any of the Content.
Modification or use of the Content except as expressly provided in these Te=
rms
of Use violates our website's intellectual property rights. Neither t=
itle
nor intellectual property rights are transferred to you by access to this s=
ite.
This
site may be hyper-linked to other sites which are not maintained by, or rel=
ated
to our website. Hyper-links to such sites are provided as a service to
users and are not sponsored by or affiliated with this site or our
website. Our website has not reviewed any or all of such sites and is=
not
responsible for the content of those sites. Hyper-links are to be
accessed at the user's own risk, and our website makes no representations or
warranties about the content, completeness or accuracy of these hyper-links=
or
the sites hyper-linked to this site. Further, the inclusion of any
hyper-link to a third-party site does not necessarily imply endorsement by =
our
website of that site.
You
hereby grant to this website the royalty-free, perpetual, irrevocable,
worldwide, non-exclusive right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, perform, and
display all content, remarks, suggestions, ideas, graphics, or other
information communicated to our website through this site (together,
hereinafter known as the "Submission"), and to incorporate any
Submission in other works in any form, media, or technology now known or la=
ter
developed. Our website will not be required to treat any Submission as
confidential, and may use any Submission in its business (including without
limitation, for products or advertising) without incurring any liability for
royalties or any other consideration of any kind, and will not incur any
liability as a result of any similarities that may appear in future website
operations.
Our
website will treat any personal information that you submit through this si=
te
in accordance with its Privacy Policy as set forth on this site.
You
understand that our website cannot and does not guarantee or warrant that f=
iles
available for downloading from the Internet will be free of viruses, worms,
Trojan horses or other code that may manifest contaminating or destructive
properties. You are responsible for implementing sufficient procedures
and checkpoints to satisfy your particular requirements for accuracy of data
input and output, and for maintaining a means external to this site for the
reconstruction of any lost data. Our website does not assume any resp=
onsibility
or risk for your use of the Internet.
The
Content is not necessarily complete and up-to-date and should not be used to
replace any written reports, statements, or notices provided by website.&nb=
sp;
Investors, borrowers, and other persons should use the Content in the same
manner as any other educational medium and should not rely on the Content to
the exclusion of their own professional judgment. Information obtaine=
d by
using this site is not exhaustive and does not cover all issues, topics, or
facts that may be relevant to your goals.
YOUR USE OF THIS S=
ITE IS
AT YOUR OWN RISK. The Content is provided "as is" and without
warranties of any kind, either expressed or implied. This website
disclaims all warranties, including any implied warranties of merchant-abil=
ity,
fitness for a particular purpose, TITLE,
OR NON-INFRINGEMENT. Our website
does not warrant that the functions OR CONTENT contained in this site w=
ill
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 har=
mful
components. www.eyeinthes=
kyvideo.com does not warrant or make any representation regarding use, or =
the
result of use, of the content in terms of accuracy, reliability, or
otherwise. The content may include technical inaccuracies or
typographical errors, and www.e=
yeintheskyvideo.com may make changes or improvements at any time. You, and n=
ot www.eyeintheskyvideo.com, assu=
me the
entire cost of all necessary servicing, repair or correction IN THE EVENT OF
ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. =
www.eyeintheskyvideo.com MAKES=
NO
WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTH=
ERS
AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH
CONTENT.
All
of the information in this site, whether historical in nature or
forward-looking, speaks only as of the date the information is posted on th=
is
site, and www.eyeintheskyvideo.=
com
does not undertake any obligation to update such information after it is po=
sted
or to remove such information from this site if it is not, or is no longer,
accurate or complete.
www.eyeintheskyvideo.com , ITS SUBSIDIARIES,
AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGE=
NTS,
OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT,
INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER
DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL
DISTRESS, OR SIMILAR DAMAGES, EVEN IF www.eyeintheskyvideo.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN =
NO
EVENT WILL THE COLLECTIVE LIABILITY www.eyeintheskyvideo.com AND ITS SUBSIDIARI=
ES,
AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGE=
NTS,
OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION,
WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE
AMOUNT YOU HAVE PAID TO www.eye=
intheskyvideo.com
FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE=
.
Indemnity=
u>
You
will indemnify and hold www.eye=
intheskyvideo.com,
its subsidiaries, affiliates, licensors, content providers, service provide=
rs,
employees, agents, officers, directors, and contractors (hereinafter known =
as
the "Indemnified Parties") harmless from any breach of these Term=
s of
Use by you, including any use of Content other than as expressly authorized=
in
these Terms of Use. You agree that the Indemnified Parties will have =
no
liability in connection with any such breach or unauthorized use, and you a=
gree
to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys fees of the Indemnified
Parties in connection therewith. You will also indemnify and hold the
Indemnified Parties harmless from and against any claims brought by third
parties arising out of your use of the information accessed from this site.=
Trademarks<=
/u>
Trademarks,
service marks, and logos appearing in this site are the property of www.eyeintheskyvideo.com or the party that
provided the trademarks, service marks, and logos to www.eyeintheskyvideo.com. =
span> ww=
w.eyeintheskyvideo.com
and any party that provided trademarks, service marks, and logos to www.eyeintheskyvideo.com retai=
n all
rights with respect to any of their respective trademarks, service marks, a=
nd
logos appearing in this site.
You
may not post, send, submit, publish, or transmit in connection with this si=
te
any material that:
Although
under no obligation to do so, w=
ww.eyeintheskyvideo.com reserves the right=
to
monitor use of this site to determine compliance with these Terms of Use, as
well the right to remove or refuse any information for any reason.
Notwithstanding these rights, you remain solely responsible for the content=
of
your submissions. You acknowledge and agree that www.eyeintheskyvideo.com nor <=
span
class=3DGramE>any third party that provides Content to www.eyeintheskyvideo.com will =
assume
or have any liability for any action or inaction by www.eyeintheskyvideo.com or
such third party with respect to any submission.
Any
passwords used for this site are for individual use only. You will be
responsible for the security of your password (if any). www.eyeintheskyvideo.com will =
be
entitled to monitor your password and, at its discretion, require you to ch=
ange
it. If you use a password that www.eyeintheskyvideo.com
considers insecure, www.eyeinth=
eskyvideo.com
will be entitled to require the password to be changed and/or terminate your
account.
You
are prohibited from using any services or facilities provided in connection
with this site to compromise security or tamper with system resources and/or
accounts. The use or distribution of tools designed for compromising securi=
ty
(e.g., password guessing programs, cracking tools or network probing tools)=
is
strictly prohibited. If you become involved in any violation of system
security, www.eyeintheskyvideo.=
com
reserves the right to release your details to system administrators at other
sites in order to assist them in resolving security incidents. www.eyeintheskyvideo.com reser=
ves
the right to investigate suspected violations of these Terms of Use.
www.eyeintheskyvideo.com reser=
ves
the right to fully cooperate with any law enforcement authorities or court
order requesting or directing w=
ww.eyeintheskyvideo.com
to disclose the identity of anyone posting any e-mail messages, or publishi=
ng
or otherwise making available any materials that are believed to violate th=
ese
Terms of Use.
BY
ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS www.eyeintheskyvideo.com FROM =
ANY
CLAIMS RESULTING FROM ANY ACTION TAKEN BY www.eyeintheskyvideo.com DURIN=
G OR
AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A
CONSEQUENCE OF INVESTIGATIONS BY EITHER www.eyeintheskyvideo.com OR LAW
ENFORCEMENT AUTHORITIES.
These
Terms of Use will be governed and interpreted pursuant to the laws of Virgi=
nia,
United States of America, notwithstanding any principles of conflicts of
law. You specifically consent to personal jurisdiction in Virginia in
connection with any dispute between you and www.eyeintheskyvideo.com arisi=
ng out
of these Terms of Use or pertaining to the subject matter hereof. The
parties to these Terms of Use each agree that the exclusive venue for any
dispute between the parties arising out of these Terms of Use or pertaining=
to
the subject matter of these Terms of Use will be in the state and federal
courts in Hillsville, Virginia.=
If any part of these Terms of Use is unlawful, void or unenforceable, that =
part
will be deemed severable and will not affect the validity and enforceabilit=
y of
any remaining provisions. These Terms of Use constitute the entire agreement
among the parties relating to this subject matter. Notwithstanding the
foregoing, any additional terms and conditions on this site will govern the
items to which they pertain. www.eyeintheskyvideo.com
may revise these Terms of Use at any time by updating this posting.
www=
.eyeintheskyvideo.com is owned by:
Eye in the Sky Video, PO Box 800, Hillsville, VA 24343.
Last
updated: July 5, 2007