Copyrights and Trademarks

Copyright Information

Terms

Sky Media

LEGAL NOTICES – PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE.

ANY ACCESS TO AND USE OF THIS SKY MEDIA WEB SITE INCLUDING ANY SERVICES OR INFORMATION ON THE WEB SITE, COLLECTIVELY OR INDIVIDUALLY, AS THE CASE MAY BE (THE “SITE”), IS SUBJECT TO THE TERMS AND CONDITIONS OF USE SET FORTH IN THIS DOCUMENT AS THEY ARE AMENDED FROM TIME TO TIME BY SKY MEDIA (THE “TERMS”). BY ACCESSING, COPYING OR OTHERWISE USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS. SKY MEDIA MAY CHANGE THE TERMS FROM TIME TO TIME IN ITS SOLE DISCRETION, AND YOUR USE OF THE SITE AFTER SUCH CHANGES SHALL CONSTITUTE YOUR AGREEMENT TO ABIDE BY THE TERMS AS CHANGED. IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT ACCESS OR USE THE SITE.

1. GENERAL SITE USE.

1.1 Internal Business Use Only; Copyright. Unless otherwise specified, the Site is for Your personal and internal business use only. The Site design, text and graphics, and the selection and arrangement of such elements are copyrighted and are protected by worldwide copyright laws and treaty provisions. Except as otherwise expressly permitted on the Site, the Site and its material may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way without Sky Media’s prior written permission and is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Except as expressly provided herein, Sky Media does not grant any express or implied right to You under any patents, copyrights, trademarks or trade secret information.

1.2 Links to Other Materials. Linked Web sites on the Site are not under the control of Sky Media and Sky Media is not responsible for the content of any linked site or any link contained in a linked site. Sky Media reserves the right to terminate any link or linking program at any time. Sky Media provides such links only as a convenience to You. Sky Media has not endorsed, tested or verified any information, programs, companies, or products on sites to which it links. If You decide to access any third party sites linked to this Site, You do so entirely at Your own risk.

2. TRADEMARKS.

Unless otherwise indicated, all product and service marks and logos displayed on the Site are subject to the trademark rights of Sky Media or other trademark owners as indicated. The absence of a product or service name or logo from this site does not constitute a waiver of any trademark or other intellectual property rights concerning that name or logo.

3. DISCLAIMER OF WARRANTIES.

3.1 General. SKY MEDIA MAKES NO REPRESENTATION OR WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE OR INFORMATION WILL BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. SKY MEDIA UNDERTAKES NO OBLIGATION TO UPDATE, AMEND, OR CLARIFY THE SITE.

3.2 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED “AS IS” AND WITH ALL FAULTS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. SKY MEDIA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SITE AND INFORMATION, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS, RESULTS, AND LACK OF NEGLIGENCE. THE ENTIRE RISK ARISING OUT OF USE OF THE SITE AND INFORMATION REMAINS WITH YOU. SKY MEDIA MAKES NO COMMITMENT TO UPDATE THE SITE.

4. LIMITATION OF LIABILITY AND REMEDIES.

4.1 Exclusion. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SKY MEDIA BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SITE, EVEN IF SKY MEDIA KNOWS OF, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

4.2 Indemnification. You agree to defend, indemnify and hold Sky Media harmless from and against any and all claims, liabilities, demands, penalties, forfeitures, suits, judgments and the associated costs and expenses (including attorney’s fees), which Sky Media may hereafter incur, become responsible for or pay out arising out of Your use of the Site or Your breach of any term or provision of these Terms.

5. GENERAL TERMS.

5.1 Modification. Sky Media reserves the right at any time and at its sole discretion to change the terms, conditions, and notices under which the Site is offered, including but not limited to the charges associated with the use of the Site. Sky Media may revise the Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on You. Certain provisions of the Terms may be superseded by expressly designated legal notices given to You or terms located on particular pages at the Site. Sky Media also reserves the right at any time and at its sole discretion to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Sky Media shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Site.

5.2 Assignment. You may not assign any rights in, nor delegate any obligations under, the Terms or any portion thereof without the written consent of Sky Media. Any attempt to do so shall be deemed a breach of the Terms.

5.3 Jurisdiction. THESE TERMS SHALL BE GOVERNED BY AND INTERPRETED ACCORDING TO THE LAWS OF THE STATE OF COLORADO, WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. SKY MEDIA AND THE SUBSCRIBER AGREE THAT ALL DISPUTES AND LITIGATION REGARDING THESE TERMS AND MATTERS CONNECTED WITH ITS PERFORMANCE OR RELATING TO THE USE OF THE WEB SITE AND INFORMATION SHALL BE SUBJECT TO, AND THEY EACH CONSENT TO JURISDICTION AND VENUE IN, THE STATE AND FEDERAL COURTS IN COLORADO. USE OF THE SITE IS UNAUTHORIZED IN ANY JURISDICTION THAT DOES NOT GIVE EFFECT TO ALL PROVISION OF THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION THIS SECTION.

5.4 Equitable Relief. You recognize and acknowledge that a breach by You of any of its obligations under the Terms will cause Sky Media irreparable damage, which cannot be readily remedied by monetary damages in an action at law. Accordingly, in the event of any default or breach by You, including any action by You that could cause some loss or dilution of Sky Media’s goodwill, reputation, or rights in the Site, Sky Media shall be entitled to an immediate injunction in addition to any other remedies available, to stop or prevent such irreparable harm, loss, or dilution.

5.5 Entire Agreement. The Terms embody the entire agreement and understanding between Sky Media and You with respect to the subject matter of the Terms and supersedes all prior oral or written agreements and understandings relating to the subject matter of the Terms. No statement, representation, warranty, covenant or agreement of any kind not expressly set forth in the Terms shall affect, or be used to interpret, change or restrict, the express terms and provisions of the Terms.