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2002-2007 Lowery Media – All Rights
Reserved
The
graphical, textual, and photographic material
contained in this web site, are protected
under U.S. and international laws as copyrighted
works. Anyone who displays, reproduces,
copies, creates derivative works, or sells
our graphical, textual, photographic,
or audio programs for commercial or non-commercial
purposes without our permission violates
the copyright laws and is liable for copyright
infringement.
Likewise,
the Lowery Media, New Skin Media Group,
Java Joe’s Web Design, Lab 3 Design,
Songs of Victory, It’s My Fault
Music, New Skin Music Entertainment, and
Premier Directories names, logos, trademarks
and service marks are protected by state,
federal, and international trademark laws.
Any person who uses our marks for commercial
or non-commercial purposes without our
permission on goods or services in such
a way that it dilutes the distinctive
quality of our marks or that creates the
likelihood of confusion with our marks
is liable for trademark infringement.
Liability
for copyright or trademark infringement
involves the potential for significant
civil damages, including in particular
cases, statutory damages, liability for
up to three times actual damages, and
attorneys fees.
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TERMS
OF USE
PLEASE READ THESE TERMS AND CONDITIONS
OF USE CAREFULLY BEFORE USING THIS WEB
SITE.
This web site is owned and operated by
Lowery Media. By using this web site,
you signify your agreement to these terms
and conditions of use ("Terms of
Use"). If you do not agree to these
Terms of Use, please do not use this web
site. We reserve the right, at our discretion,
to change, modify, add to, or remove portions
of these Terms of Use at any time. We
suggest that you review these Terms of
Use periodically for changes. Your use
of this web site after the posting of
changes to these Terms of Use will mean
you accept the changes. Lowery Media may
also offer other services from time to
time that are governed by different terms
and conditions of use.
COPYRIGHT
AND RESTRICTIONS ON USE OF MATERIALS
OWNERSHIP AND RESTRICTIONS ON USE OF MATERIALS
All materials contained on this web site
are the copyrighted property of Lowery
Media and its affiliates and/or our third
party licensors. All trademarks, service
marks and trade names, including but not
limited to the Lowery Media names, marks
and logos are protected by state, federal
and international trademark laws.
The textual, photographic, audio and website
code are protected under United States
and international copyright laws as copyrighted
works. No materials from this web site
may be copied, reproduced, republished
uploaded, posted, transmitted or distributed
in any way without the express written
permission of Lowery Media, except that
you may download one copy of the materials
on any single computer for your personal,
non-commercial home use only, provided
that (i) you keep intact all copyright
and other proprietary notices; (ii) you
do not modify any of the materials; (iii)
you do not use any materials, without
the express written permission of Lowery
Media, in a manner that suggests an association
with any of Lowery Media's Companies,
products, services or brands and (iv)
you do not download quantities of materials
to a database, including those that can
be used to avoid future downloads from
this web site. For purposes of these Terms
of Use, the use of any such materials
on any other web site or computer environment
is prohibited without the express written
permission of Lowery Media.
Anyone who displays, reproduces, copies,
creates derivative works or sells our
textual, photographic, or audio programs
for commercial or non-commercial purposes
without permission from Lowery Media violates
the copyright laws and is liable for copyright
infringement. Any person who uses Lowery
Media's names or logos for commercial
purposes without Lowery Media's permission
on goods or for services in such a way
that it dilutes the distinctive quality
of Lowery Media's marks or that creates
a likelihood of confusion with Lowery
Media's marks is liable for trademark
infringement.
If you download software or applications
from any Lowery Media web site, the software
or applications, including any files,
images incorporated in or generated by
the software or applications, and data
and instructions accompanying the software
or applications (collectively, the “Software”)
are licensed to you by Lowery Media or
our third party licensors for your personal,
non-commercial home use only. We do not
transfer title to the Software to you,
and Lowery Media (or our third party licensors)
retains full and complete title to the
Software and all intellectual property
rights in the Software. You may not redistribute,
sell, de-compile, reverse engineer, disassemble
or otherwise reduce any of the Software
to readable form.
If you have any questions regarding this
notice, please send and email to
permission@lowerymedia.com.
THIRD-PARTY
CONTENT
Please exercise discretion while browsing
the Internet or using this web site. You
should be aware that while using this
web site you could be directed to other
web sites by links and other features
found on this web site. If you click on
those links or other features, you may
be visiting a web site that is not owned
or operated by Lowery Media and over which
Lowery Media has no control. This includes
links from advertisers, sponsors, content
partners and other users that may use
our logo(s) as part of a co-branding or
affiliate agreement. These other web sites
may collect data, solicit personal information
and generate cookies on your computer
in a manner different from our web sites.
These other web sites may also contain
information that you may find inappropriate
or offensive.
Lowery Media is in no way responsible
for the content or availability of information
found on any web site owned by a third
party that may be linked to Lowery Media's
web sites by a hyperlink, whether such
hyperlink is provided by Lowery Media
or by a third party. By providing access
to third party web sites or advertisements,
Lowery Media is not endorsing the products
or services provided by the owner or operator
of such web sites. Consequently, we will
not be liable or responsible for the accuracy,
relevancy, reliability, copyright compliance,
legality or decency of material contained
in third party web sites linked to this
web site. We cannot ensure that you will
be satisfied with any products or services
you purchase from a third party web site
that links to or from this web site or
that you purchase through third party
advertising or content on this web site.
We do not make any representations or
warranties as to the security of any information
(including, without limitation, credit
card and other personal information) you
might be requested to give any third party,
and you hereby irrevocably waive any claim
against us with respect to the products,
services and content of third party web
sites, including third party web sites
accessible by links from this web site.
We strongly encourage you to make whatever
investigation you feel necessary or appropriate
before proceeding with any online or offline
transaction.
DISCLAIMER
THE MATERIALS ON THIS WEB SITE ARE PROVIDED
"AS IS" AND WITHOUT WARRANTIES
OF ANY KIND EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT WARRANT THAT THE FUNCTIONS OR
MATERIALS ON THIS WEB SITE WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THIS WEB SITE OR THE SERVERS THAT
MAKE SUCH MATERIALS AND FUNCTIONS AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE
USE OF THE MATERIALS ON THIS WEB SITE
IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. YOU ASSUME
THE ENTIRE COST OF ALL NECESSARY MAINTENANCE,
SERVICING, REPAIR, OR CORRECTION TO THE
EQUIPMENT AND SOFTWARE YOU USE TO ACCESS
THIS WEB SITE. APPLICABLE LAW MAY NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSIONS MAY NOT APPLY
TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT
NOT LIMITED TO, NEGLIGENCE, SHALL WE BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES THAT
RESULT FROM THE USE OF, OR THE INABILITY
TO USE, THIS WEB SITE OR MATERIALS OR
FUNCTIONS ON THIS WEB SITE, EVEN IF WE
HAVE BEEN 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 OUR
TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION WHETHER IN
CONTRACT, TORT (INCLUDING, BUT NOT LIMITED
TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE
AMOUNT PAID BY YOU TO WWE, IF ANY, FOR
ACCESSING THIS WEB SITE.
JURISDICTIONAL
ISSUES
This web site is controlled and operated
by or on behalf of Lowery Media and its
affiliates. We make no representation
that materials or products offered on
this web site are appropriate or available
for use in any particular location. Those
who choose to access this web site do
so on their own initiative and are responsible
for compliance with all applicable national
and local laws. Software and products
downloaded from this site are further
subject to United States export controls.
No software offered on this site may be
downloaded, shipped or otherwise exported
or re exported (i) into (or to a national
or resident of) Cuba, Iraq, Libya, North
Korea, Iran, Syria, or any other country
to which the U.S. has embargoed goods;
or (ii) to anyone on the U.S. Treasury
Department's list of Specially Designated
Nationals or the U.S. Commerce Department's
Table of Deny Orders. By purchasing products
or downloading or using the Software offered
on this web site, you represent and warrant
that you are not located in, under the
control of, or a national or resident
of any such country or on any such list.
TERMINATION
We may terminate your access to this web
site immediately and without notice if
in our sole discretion you fail to comply
with any term or provision of these Terms
of Use or any other term or condition
of use posted on this web site. Upon termination
of your use of this web site, you must
cease use the web site and destroy all
materials obtained from the web site and
all copies of such materials. If you have
any problems with this web site or your
use of this web site or with these Terms
of Use, your sole and exclusive remedy
is to cease using this web site.
GENERAL
PROVISION
These Terms of Use shall be governed by
and construed in accordance with the laws
of the State of Colorado and is subject
to applicable copyright and intellectual
property laws, without giving effect to
any principles of conflicts of law. You
agree that any action at law or in equity
arising out of or relating to these Terms
of Use shall be filed only in the state
or federal courts located in Fairfield
County, Connecticut and you hereby consent
and submit to the personal jurisdiction
of such courts for the purposes of litigating
any such action. If any provision of these
Terms of Use shall be unlawful, void,
or for any reason unenforceable, then
that provision shall be deemed severable
from these Terms of Use and shall not
affect the validity and enforceability
of any remaining provisions of these Terms
of Use. These Terms of Use constitute
the entire agreement between us relating
to your use of this web site.
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