Please read the following terms and conditions relating to your use of this site carefully.
By using this site, you are deemed to have agreed to these terms and conditions of use. We reserve the right to modify them at any time. You should check these terms and conditions periodically for changes. By using this site after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these terms and conditions of use, please do not use this site.
Scope of Terms and Conditions
These terms and conditions apply to your use of the sites and services owned or operated by skyXtreme, Networld-Project ("we," "us," or "our"), and any other site that we may own or operate in the future. Unless we say otherwise, all references to the skyXtreme Sites in these terms and conditions include all such sites. These terms and conditions do not apply to your use of unaffiliated sites to which any of the skyXtreme sites only link.
Restrictions on Use of Materials
The contents of this site are protected by copyright and trademark laws, and are the property of skyXtreme and any other owners. Unless we say otherwise, you may access the materials located within the skyXtreme Sites only for your personal use. This means you may download one copy of posted materials on a single computer for personal, noncommercial home use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material you do not obtain any ownership rights in that material.
You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the skyXtreme Sites. Only if you obtain prior written consent from us -- and from all other entities with an interest in the relevant intellectual property -- may you publish, display or commercially exploit any material from the skyXtreme Sites. To seek our permission, you may write to skyXtreme, Attention: Permissions Department, 121 Glenwood Drive, Westfield, MA 01085 USA. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice.
You must abide by all additional copyright notices or other restrictions contained in any of the skyXtreme Sites.
These terms and conditions apply only to the skyXtreme Sites, and not to the sites of any other companies or organizations, including those to which any of the skyXtreme Sites may link. We are not responsible for the availability of any other site to which any of the skyXtreme Sites links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site's administrator or webmaster.
Other sites may link to any of the skyXtreme Sites only through a plain-text link. Permission must be granted by us for any other type of link to the skyXtreme Sites. To seek our permission, you may write to skyXtreme, Attention: Permissions Department, 121 Glenwood Drive, Westfield, MA 01085 USA. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to any of the skyXtreme Sites, at our discretion at any time.
A "forum" means any message board, chat room, user review forum or similar interactive service appearing on the skyXtreme Sites. You must register in accordance with instructions that you will find on the skyXtreme Sites in order to contribute to any forum.
You may not post on any forum any material that is libelous, defamatory, obscene, abusive, invades a person's privacy, violates any intellectual property rights, or that would otherwise violate any law. You may not use any forum in a commercial manner. You may not post material that solicits funds, or that advertises or solicits goods or services. You may not post material known to be false. You may not post messages that contain stock touts. You may not post or transmit any information, software or other material that contains a virus or other harmful component.
We are not responsible for material appearing in any forum on the skyXtreme Sites, except for material signed by an identified representative of skyXtreme and/or relevant affiliated companies. We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the right to modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable. We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings.
We may, at our discretion, terminate the registration of any forum user who violates any of the terms and conditions of use.
THE SERVICES AND MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER SKYXTREME NOR ANY OF ITS AFFILIATED COMPANIES NOR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SKYXTREME SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SKYXTREME SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER SKYXTREME NOR ANY OF ITS AFFILIATED COMPANIES NOR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS 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 SKYXTREME OR ANY OF ITS AFFILIATED COMPANIES OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS) 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.
We do not endorse, warrant or guarantee any products or services offered on the skyXtreme Sites. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL SKYXTREME OR ANY OF ITS AFFILIATED COMPANIES OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SKYXTREME SITES, EVEN IF 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 THE TOTAL LIABILITY TO YOU BY SKYXTREME OR ANY OF ITS AFFILIATED COMPANIES OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO SKYXTREME, IF ANY, FOR ACCESSING THE SKYXTREME SITES.
We control and operate this site from our offices in the United States of America. We do not represent that materials on the site are appropriate or available for use in other locations. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These terms will be governed by and construed in accordance with the laws of the State of Massachusetts, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these terms will be filed only in the state or federal courts located in Hampden County, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any of these terms and conditions are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions, and will not affect the validity and enforceability of the remaining provisions. This is the entire agreement between you and skyXtreme relating to the subject matter it contains. This agreement may be modified only by our posting of changes to these terms and conditions, or by a writing signed by both parties. Any inquiries concerning these terms and conditions of use should be directed to firstname.lastname@example.org.
(Last modified on April 8, 2007)