Terms Of Use

Legal: Terms of Use

Updated October 13, 2009

These terms of use (”Legal Terms”) describe the terms and conditions applicable to your access and use of the SkyRiver Web site (the “Web site”). By using this Web site, you are accepting and agreeing to all the Legal Terms. If you do not agree to all of these Legal Terms, please refrain from using this Website.

SkyRiver may modify this Web site and the rules and regulations governing its access and use at any time. Any modification will be included in these Legal Terms, so please check back when you use the Web site. By continuing use of the Web site after such changes are posted, you will be deemed to have accepted such changes.

Scope of Use

SkyRiver invites you to view, use and download small portions of the content (including without limitation text, graphics, software, audio and video files and photos) of this Web site for your informational, non-commercial use, provided that you leave all the copyright notices or other proprietary notices intact. You may not store, modify, reproduce, transmit or distribute a significant portion of the content on this Web site, or the design or layout of the Web site or individual sections of it, in any form or media. The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Web site without the prior written consent of SkyRiver is strictly prohibited.

You understand that SkyRiver may, at any time, for any reason and without notice, discontinue, change or restrict your use of this Web site and make changes in the products and/or services described in this Web site.

In the course of providing support for SkyRiver’s products and services, SkyRiver may disseminate though its Web site, material it considers privileged, proprietary, and/or confidential intellectual property. In doing so, it is intended that this privileged, proprietary, and/or confidential intellectual property be meant only for those individuals who have been licensed by SkyRiver to receive such material. Any person(s) who receives or disseminates unauthorized materials from the SkyRiver Web site may be subject to both Civil and /or Criminal prosecutions. Person(s) whom are found to have unlawfully and/or in violation of their license agreement with SkyRiver received or disseminated unauthorized materials from the SkyRiver Web site may have their license agreement(s) voided.

No Professional Advice

The information available on the Web site is intended to be a general information resource regarding the matters covered, but is not offered as legal, accounting or other professional advice, and may not be tailored to your specific circumstance.

No Warranties

The web site, any content, opinions or advice on the web site, or any content, opinions or advice from any other web site, server, not owned, maintained, or operated by SkyRiver and any products or services available through the web site , or any other products or services available from any other web site, server, not owned, maintained, or operated by SkyRiver (collectively, “materials”) are provided to you on an “as is” “as available” basis without warranty of any kind either express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, systems integration, accuracy, and non-infringement. You are responsible for taking all necessary precautions to ensure that any materials you may obtain are free of viruses or any other harmful components. This warranty disclaimer may be different in connection with specific products and services offered by SkyRiver. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. You may also have other legal rights that vary from state to state.

Limitation of Liability

Your use of the materials is at your own risk. SkyRiver specifically disclaims any liability, whether based in contract, tort, negligence, strict liability or otherwise, for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to, use of or reliance on the materials (even if SkyRiver has been advised of the possibility of such damages) or that arise in connection with mistakes or omissions in, or delays in transmission of, information to or from the user, interruptions in telecommunications connections to the web site or viruses, whether caused in whole or in part by negligence, acts of god, telecommunications failure, theft or destruction of, or unauthorized access to the website or the materials. This limitation of liability may be different in connection with specific products and services offered by SkyRiver. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.

Copyright

This Web site is protected by U.S. and foreign copyright laws. Except as expressly provided under “Scope of Use” section above, you may not use, reproduce, modify, transmit, distribute, publicly display or perform this Web site without SkyRiver’s prior written permission.

Visitor Submissions

By providing information or materials to this Web site (other than personal information subject to SkyRiver Privacy Policy), you grant to SkyRiver an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, and transmit such information and materials for any purpose, including without limitation, disclosing any such information and materials as necessary to satisfy any law, regulation, or governmental request. You agree not to submit or transmit any e-mails or materials through the Web site that (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party’s permission or (iv) otherwise violate any applicable laws. SkyRiver shall not be subject to any obligations of confidentiality regarding any information or materials that you submit except as specified in SkyRiver’s Privacy Policy, as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.

Links

SkyRiver offers links to other Web sites maintained, operated, and/or owned by other entities as a convenience to you. SkyRiver makes no representation regarding the content or accuracy of any Web site that you may access through this one. SkyRiver may not monitor and is not responsible for the content found on other Websites that are linked from this Web site. Inclusion of these links on SkyRiver’s Web site does not imply endorsement, recommendation or sponsorship for any linked Web site or the services, products or advice described on the site. The views, opinions, statements, offers or other information or content expressed therein are those of the respective author(s) or distributor(s) or owner(s) and not SkyRiver.

Unless otherwise set forth in a written agreement between you and SkyRiver you must adhere to SkyRiver’s linking policy as follows: (i) any link to the Web site must be a link clearly marked “SkyRiver” OR “www.theskyriver.com“(ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with SkyRiver’s names and trademarks, (iii) the link must “point” to the URL (www.theskyriver.com) and not to other pages within the Web site, (iv) the appearance, position and other attributes of the link may not create the false and/or misleading appearance that your organization or entity is sponsored by, affiliated with, or associated with SkyRiver (v) when selected by a user, the link must display the Web site on full-screen and not within a “frame” on the linking Web site, and (vi) SkyRiver reserves the right to revoke its consent to the link at any time and in its sole discretion.

Employment Opportunities

SkyRiver is committed to the principles of equal employment opportunity. Applications are considered for all positions without regard to race, sex, sexual orientation, color, religion, national origin, age, disability (so long as such disability can be reasonably accommodated) or any other status protected by applicable law. SkyRiver encourages all qualified applicants to apply.

E-mail

E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any personal or confidential information.

Violations and Additional Policies

SkyRiver reserves the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in this Web site, including the right to block access from a particular Internet address to the Web site. Our policies regarding privacy are incorporated into these Legal Terms by reference. SkyRiver does not intend to market any products or services to children and does not knowingly collect personal information from children under the age of 13 through this Web site.

Governing Law, Location and Miscellaneous

These Legal Terms shall be governed in all respects by the laws of the State of California USA, without reference to its choice of law rules. The Web site is operated by Skyriver makes no representation that the content of this Web site is appropriate or available for use in other locations, and access to this Web site from territories where the content of this Web site may be illegal is prohibited. Those who choose to access this Web site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. These Legal Terms and all documents incorporated herein by reference constitute the entire agreement between Skyriver and you with respect to this Web site.