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Scrap Jammies Terms & Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. Your use of This Site is expressly conditioned on your acceptance of the following terms and conditions. By using This Site, you signify your assent to these Terms and Conditions. If you do not agree with any part of the following terms and conditions, you must not use This Site.
Limited permission to view using a browser and to cache granted.
All images, web site design elements, text, graphics, logos, buttons, icons, other content, the presentation, selection and arrangement thereof, and all software
Copyright © 2003-2006, Scrap Jammies, Inc. ALL RIGHTS RESERVED.
1. OWNERSHIP. This Site, and each of its components, is the copyrighted property of Scrap Jammies, Inc. ("SJ") and/or its various third party providers and distributors. Portions of the content found on this Site may be owned by third-party providers and distributors and is the copyrighted work of the respective third-party providers. None of the content or data found on this Site may be reproduced, republished, distributed, sold, transferred, or modified without the express written permission of SJ and/or its third-party providers and distributors. In addition, the trademarks, logos and service marks displayed on this Site (collectively, the "Trademarks") are registered and common law trademarks of SJ, its affiliates, and various third parties. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of SJ or such other party that may own the Trademarks.
2. USE OF SITE. You may only use this Site to browse the content, make inquiries to SJ, and to post materials on the Site's interactive portions according to its rules and not for any other purposes. This Site and the content provided in this Site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of SJ, except that you may download, display and print one copy of the materials presented on this Site on a single computer for your personal, non-commercial use only. 'Deep-linking', 'embedding' or using analogous technology is strictly prohibited unless specifically authorized in writing. Unauthorized use of this Site and/or the materials contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, and any other proprietary notices, contained in the materials. The use of such materials on any other web site or in any environment of networked computers is prohibited. You are prohibited from posting to or transmitting from this Site any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. The links from this Site to other websites are provided for your information and convenience only. SJ does not assume any responsibility or liability with respect to any website linked from this Site (or any website linking to this Site), including its content and operation. SJ does not review or monitor such links. A link from this Site to another website (or a link from another website to this Site) does not constitute a referral, endorsement, approval, advertising, offer or solicitation with respect to such website, its contents, or any products or services advertised or distributed through that website. While this Site may contain "links" to many sites, SJ is not responsible for the content or the privacy practices employed by other sites.
3. AGE AND RESPONSIBILITY. You represent that you are of sufficient legal age to use this Site and to create binding legal obligations for any liability you may incur as a result of the use of this Site. You understand that you are financially responsible for all uses of this Site by you and those using your login information.
4. PRIVACY. You have read the SJ Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of any information submitted to SJ by SJ and/or its third-party providers and distributors in accordance with the terms of and for the purposes set forth in the SJ Privacy Policy.
5. EXCLUSION OF WARRANTY. SJ AND ANY THIRD-PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. SJ AND ANY THIRD-PARTY PROVIDERS AND DISTRIBUTORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Although SJ strives to provide on this web site the latest developments relating to its products and services, and other information about the company, SJ does not warrant the accuracy, effectiveness and suitability of any information contained in this Site. Each person assumes full responsibility and all risks arising from use of this Site. The information is presented "AS IS" and may include technical inaccuracies or typographical errors. SJ reserves the right to make additions, deletions, or modifications to the information at any time without any prior notification.
6. LIMITATION OF LIABILITY. SJ ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, SOFTWARE, DATA, TEXT, IMAGES, VIDEO, AUDIO OR OTHER MATERIAL FROM THE SITE. IN NO EVENT SHALL SJ OR ANY THIRD-PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY, OR (III) THE PERFORMANCE OR NON PERFORMANCE BY SJ OR ANY THIRD-PARTY PROVIDERS OR DISTRIBUTORS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
7. INDEMNIFICATION. You shall defend and indemnify SJ and any third-party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by third parties as a result of your use of this Site, or your uploading or other submission of materials to the Site.
8. SUBMISSIONS. "Submissions" means all comments, feedback, suggestions, photos, e-mail, or materials that you submit to SJ regarding the products or services of SJ, or contributions of materials to any interactive portion of this Site, including any bulletin board, chat room or other similar forums posted on this Site. Submissions will not be confidential and will become the property of SJ upon submission to SJ. By providing any such Submissions, you agree to assign to SJ, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You acknowledge that you are responsible for the Submissions that you provide, and that you, not SJ, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. SJ does not prescreen or monitor any Submissions as a matter of policy.
Except as expressly stated and agreed upon in advance by SJ, no confidential relationship shall be established in the event that any user of this Site should make any oral, written or electronic communication to SJ (such as feedback, questions, comments, suggestions, ideas, etc.). If any portion of this Site, such as membership or product ordering, requires or requests that such information be provided, and such information contains personal identifying information (e.g., name, address, phone number), SJ shall obtain, use and maintain it in a manner consistent with its Privacy and Security policy. Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and SJ shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. The sender of any information to SJ is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person's proprietary or privacy rights.
9. RELATIONSHIP. Your use of This Site is independent of SJ and not as an employee, agent, partner, or joint venturer with SJ for any purpose.
10. GOVERNING LAW. This Agreement and its performance shall be governed by the laws of the State of Illinois, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts with jurisdiction over Kane County, the State of Illinois, United States of America, in all questions and controversies arising out of your use of This Site and this Agreement.
11. ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
12. MODIFICATION. SJ may at any time modify these Terms and Conditions and your continued use of this Site will be conditioned upon the Terms and Conditions in force at the time of your use.
13. ADDITIONAL TERMS. Additional terms and conditions may apply to purchases of goods and services and other uses of portions of this Site, and you agree to abide by such other terms and conditions wherever they are located.
14. SEVERABILITY. These Terms and Conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
15. HEADINGS. The heading used in these Terms and Conditions are included by convenience only and will not limit or otherwise affect these Terms and Conditions.
16. ENTIRE AGREEMENT. These Terms and Conditions, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.
COPYRIGHT COMPLAINTS –If you believe that your work has been copied in a way that constitutes copyright infringement, please provide SJ's copyright agent the written information that follows. (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on this Site; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please note that this procedure is exclusively for notifying SJ that your copyrighted material has been infringed. SJ's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Copyright Agent
Scrap Jammies, Inc.
800 E. North St., Ste. A
Elburn, IL 60119
630.365.0302
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