| LEGAL - Terms & Conditions

Effective September 1, 2003

This web site, including any subsite accessible through the homepage, (collectively, the "Site") is published and maintained by Xoomer (Also Referred to as “InkAvenue.com” or “Xoomer” or “We”). Please note that when you enter any subsite accessible through the homepage, such subsite may have its own terms and conditions of use that are specific to such subsite. When you access, browse or use this Site you accept, without limitation or qualification, the terms and conditions ("Terms and Conditions") set forth below and any additional terms and conditions set forth in any subsite. InkAvenue.com reserves the right to modify, change, alter or otherwise edit these Terms and Conditions at any time by updating this posting and such changes will become immediately effective upon such posting. Your continued use of the Site will bind you to such revisions and you should therefore periodically visit this page to review the then current Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Site. For your information, this page was last updated on Tuesday, 22 January 2008 01:12 PM.

USE OF THE SITE:

This Site is only for your personal use. You may not distribute, exchange, modify, sell, or transmit anything you copy from this Site, including but not limited to any text, images, audio or video, for any business, commercial or public purpose. As long as you comply with these Terms and Conditions, InkAvenue.com grants you a non-exclusive, non-transferable, limited right to enter, display and use the Site. You agree not to interrupt or attempt to interrupt the operation of this Site in any manner whatsoever.

OWNERSHIP:

Copyright:
All materials on the Site, including but not limited to images, software, audio, text and video clips (the "Content"), are protected by copyright under U.S. copyright law, international conventions and other copyright laws. All Content is owned or licensed by InkAvenue.com. You cannot use the Content, except as specified herein. Any unauthorized use of the Content may violate, without limitation, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You may view and download the Content for your own personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the Content or on any copies of the Content. You may not change the Content in any way or reproduce, publicly display, distribute or otherwise use the Content for any public or commercial purpose. Any use of the Content on any other web site or networked computer environment for any purpose is prohibited.

Trademarks:
Inkavenue.com trademarks, logos, and service marks and those trademarks, logos, and service marks licensed to Xoomer. (collectively, the "Trademarks") displayed on the Site, including but not limited to the InkAvenue.com logo, are registered and unregistered marks of Xoomer., as the case may be. All other trademarks, trade names, product names, service marks and all other non-InkAvenue.com marks are the property of their respective owners. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Xoomer or such third party that may own other trademarks displayed on the Site.


User Submissions:
InkAvenue.com maintains a strict policy of not accepting or considering any creative ideas, suggestions or materials from the public ("Submissions") and therefore you should not make any Submissions to InkAvenue.com in any Communications through this Site or otherwise. InkAvenue.com and its parent company, subsidiaries and affiliates have been actively engaged in research and development in diversified scientific and business areas for many years. Nonetheless, if you do send InkAvenue.com a Submission that has not been patented or is not public information, it immediately becomes the property of Xoomer and InkAvenue.com shall exclusively now and hereafter own all rights, title and interest therein. Furthermore, InkAvenue.com is free to use, without any compensation to you whatsoever, any concepts, ideas, know-how or techniques contained in any such Submission for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information. Xoomer or InkAvenue.com shall not be liable for such use or disclosure of such Submission or for any similarities in the Submission and any future uses or activities. If you are uncertain as to the meaning or implication of the terms and conditions concerning Submissions, consult your attorney.

LINKS:
This Site may contain links to other Internet sites on the World Wide Web. We provide such links for your convenience only, and are not responsible for the content of any site linked to or from this Site. Links from this Site to any other site do not mean that we approve, or endorse or recommend that site. InkAvenue.com disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site. Viewing of all other sites is at your own risk.

CONTESTS, SWEEPSTAKES AND OTHER PROMOTIONS:
This Site may contain contests, sweepstakes or other promotions ("Promotions") that offer prizes or require you to send in material or information about yourself. Each Promotion has its own rules, which you must read and agreed to before you may enter. Please also see Privacy Statement for further information concerning contests administered by InkAvenue.com, its parent, subsidiaries or affiliates which may include children under the age of 13.

 

AVAILABILITY OF PRODUCTS AND SERVICES:
The products and services displayed on this Site are intended for sale in the United States only may not be available for purchase in your particular country or locality. The reference to such products and services in the Site does not imply or warrant that these products or services will be available at any time in your particular location.

SITE INFORMATION REGARDING INKAVENUE.COM PRODUCTS AND SERVICES, INCLUDING THEIR AVAILABILITY, APPEARANCE, PRICE AND SPECIFICATIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE. SUCH INFORMATION WILL NOT CONSTITUTE A REPRESENTATION, WARRANTY OR OTHER COMMITMENT BY INKAVENUE.COM WITH RESPECT TO ANY PRODUCT OR SERVICE AND INKAVENUE.COM HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY SUITABILITY FOR ANY PURPOSE OR COMPLETENESS THEREOF.

DISCLAIMER:
YOUR USE AND BROWSING OF THE SITE IS AT YOUR RISK. THIS SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THIS SITE, INKAVENUE.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE, (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THE SITE.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO INKAVENUE.COM’S NEGLIGENCE, WILL INKAVENUE.COM, OR ANY OTHER PARTY INVOLVED IN CREATING, HOSTING OR DELIVERING THE SITE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE, EVEN IF XOOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES. INKAVENUE.COM ALSO ASSUMES NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR ANY DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY, OR FOR ANY LOSS OR CORRUPTION OF DATA ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IN NO EVENT SHALL INKAVENUE.COM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.

INDEMNIFICATION:
You agree to indemnify, defend and hold InkAvenue.com and all of its agents, directors, employees, information providers, licensors and licensees, officers and parent, (collectively "Indemnified Parties") harmless from and against any and all liability and costs (including, without limitation attorneys' fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of the foregoing representations, warranties and covenants. You will cooperate as fully as reasonably required on InkAvenue.com’s defense of any such claim. InkAvenue.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you will not in any event settle any matter without the written consent of InkAvenue.com.

APPLICABLE LAWS:
This Site is administered by Xoomer from its offices in Brooklyn, New York, United States America and is intended for use by residents of the United States of America only. These Terms and Conditions are governed and interpreted under the laws of the State of New York, United States of America, without giving any effect to principles of conflicts of law.

GENERAL PROVISIONS:
These Terms and Conditions and those found in the Privacy Statement set forth the entire understanding and agreement between you and InkAvenue.com with respect to the Site. You acknowledge that any other agreements between you and InkAvenue.com with respect to the Site are superseded and of no force or effect. If any provision of these Terms and Conditions shall be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.