Terms and Conditions
Welcome to sky-marble.com (the “Site”). These are the terms and conditions of your use of the Site. This Site is owned and operated by Sky Marble and Granite, Inc. It is important that you (the “User”) carefully read and understand these terms and conditions, as they set out the rights, duties, and responsibilities between you and us. By using this Site, you agree to be bound by all these terms and conditions. If you do not agree with any of these terms, you should not use the Site. Your continued use of this Site shall be deemed to be an acceptance of all terms and conditions contained herein.
We reserve the right to change these terms and conditions at our sole and absolute discretion. Changes may be made at any time and without any further notice to you. sky-marble.com reserves the right to alter the Site, including the elimination or discontinuation of any information, service, or any other feature in whole or in part, or to deny or terminate your use of, or access to the Site.
Any change made in accordance with this section becomes effective upon such change being made available to Users on the Site. Your continued use after any such modifications have been made, shall be deemed to be an acceptance of all changes to these terms. If you do not agree to all the changes, then you should immediately cease your use of this Site. Failure to cease using this site shall be determined to be an acceptance of any and all new terms or conditions.
By using this Site, User acknowledges that they are at least eighteen (18) years of age. If you are not 18 years of age, you should not use this Site.
Grant of License.
Sky-marble.com is provided “as is.” There are no express or implied representations or warranties of any kind provided for the Site. All such warranties are expressly disclaimed.
Third Party Links.
The opinions, beliefs, and viewpoints expressed in any given article carried on www.sky-marble.com, are solely the opinion of the individual authors and do not necessarily reflect the views of Sky-marble.com and Sky Marble and Granite, Inc and Marble Corp.
Postings and Submissions.
You may have the ability to participate in certain forms of public communication. Your participation in any such space is purely voluntary. If you elect to participate in such forms of communications, you acknowledge and agree that any content you post, may be viewed by the general public.
By posting in accordance with this subsection User agrees and understands that their content shall not be treated as private, proprietary, or confidential.
Grant of License.
By posting in accordance with this subsection you agree to grant to Sky Marble and Granite, Inc and our affiliates, licensees, and sub-licensees, without compensation, a non-exclusive, perpetual, irrevocable, royalty-free, paid, worldwide license to use, reproduce, process, adapt, publicly perform, publicly display, modify, derive works, publish, transmit, and distribute your content, or any portion thereof, throughout the world in any or all formats currently in existence or after discovered, for the duration permitted by law.
Sky-marble.com articles allow Users to post various comments or statements. By posting any such comments, User agrees to uphold all community standards, including all terms and conditions. By posting you also agree to allow us, at our option, and without further notice or compensation to you, to repost any of your comment. If we use your comment in this way, we may attribute it to you. You further acknowledge that we may use your username for appropriate attribution, such choice shall be left to our sole discretion.
Release of Moral Rights.
By posting in accordance with this subsection you further agree, to the extent permitted under applicable law, to waive and release, and covenant not to assert any moral rights that you may have in any content you have posted or provided to the Site.
Responsibility for Royalties.
You further agree to pay for all royalties, fees, damages, and any other monies owed to any person as a result of any content posted by you to this Site. You explicitly agree to indemnify and hold Sky-marble.com harmless from any action arising from your posting pursuant to this section.
Retention of Ownership.
Sky Marble and Granite, Inc and Marble acknowledges and agrees that you or your licensors, where applicable, shall retain ownership of any and all copyrights in the content, subject to the license granted in this section. Sky Marble and Granite, Inc acknowledges that no ownership transfers under these terms.
By posting or providing any content on this Site you represent and warrant that you own or have the right to use and permit us to use and license such content in the manner stated in this agreement. If you do not have such permission, before posting, you must first obtain permission or a release from the record owner. You further agree to indemnify and hold harmless Sky-marble.com from any breach of this warranty.
You agree to indemnify and hold Sky Marble and Granite, Inc harmless from any and all claims, damages, losses, fees (including reasonable attorney’s fees), and any other expenses that arise from, or are otherwise a result of your breach of these terms and conditions, including, but not limited to: negligent conduct, willful misconduct, and any breaches of anyone’s intellectual property rights.
Sky Marble and Granite, Inc Property Rights.
Other than what has been provided for in these terms and conditions, or what has been indicated on the Site, Sky Marble and Granite, Inc owns and operates sky-marble.com. Any and all intellectual property rights in the Site are the sole property of Sky Marble and Granite, Inc. You may not copy, reduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub license, sell, reverse engineer, recompile, or disassemble any part of the Site without Sky Marble and Granite, Inc’s prior express written consent.
Copyright and Trademark Policy.
Sky Marble and Granite, Inc has adopted and implemented a Copyright and Trademark Policy consistent with the Digital Millennium Copyright Act (DMCA). If you believe a violation has occurred, please send a request to email@example.com.
The following behaviors are expressly prohibited:
- Improper Publication. The publishing of any Site material in any form, without the prior express written consent of Sky-marble.com or the selling, sub licensing, or commercializing any Site material without the prior express written consent of sky-marble.com.
- Misuse. Using the Site in any way that is, or may become damaging to the Site, or that otherwise negatively impacts other’s experience.
- Criminal Behavior. Using the Site in any way contrary to any applicable laws and regulations, or in a way that causes, or may cause harm to the Site or any other party.
- Data Mining. Engaging in any form of data mining, scraping, inspiring, extracting, or other similar activity regarding this Site or through this Site.
- Spam Advertisements. Using the Site for advertising, without the consent of www.sky-marble.com.
Certain elements of the Site may be restricted from access and may be further restricted at our sole discretion.
When using the Site please keep the following additional restrictions in mind:
- Interference. Your use of the Site may not interfere with our operation of the Site nor may it interfere with anyone else’s use of the Site. We reserve the right to disconnect anyone or anything that causes any interference to the Site.
- Compliance and Security. You must comply with all local, state, federal, provincial, national, international, and foreign laws, rules, and regulations in accessing and using the Site. You must notify us if you learn of a security breach regarding the Site.
- Import and Export. You must comply with all applicable import and export control laws, rules, and regulations of the United States and other countries, and you may not transfer anything subject to any restrictions under such laws, rules, and regulations to any site, application, destination, location, person, or entity. You cannot make anything available through the Site that requires prior government authorization or notification to export.
- Embargo. You warrant that you are not located in a country that is subject to a US Embargo. You further warrant that you are not located in a country that the US has designated as a State Sponsor of Terrorism. You also warrant that you are not listed on any US Government list of prohibited or restricted parties or are otherwise sanctioned by the US Government.
- Downloads. Some things may be made available for download, installation, or streaming on your computer, mobile, or other device. Downloadable materials are subject to the same terms, conditions, limitations, and restrictions applicable to all other Site materials. You may only use this material to the extent expressly authorized by these terms.
Term and Termination.
This agreement becomes effective the day that you first access the Site and remains effective until it is terminated consistent with its terms. Violations of this agreement may result in the immediate termination of this agreement and denials or terminations of your access to the Site. Such restrictions may be either temporary or permanent. Upon termination your right to use this Site shall be revoked. Upon the revocation of the right to use the Site, you must destroy, or cause to have destroyed any and all copies of information you have obtained from the Site. All disclaimers, limitations of liability, indemnities, and rights of ownership of Sky Marble and Granite, Inc and any licenses to Sky Marble and Granite, Inc shall survive any termination.
Additional Terms Pertaining to Applications.
Sky Marble and Granite, Inc shall be permitted to assign, transfer, or subcontract its rights or obligations under these terms without your consent or without any further notice to you. You shall not be permitted to assign, transfer, or subcontract any of your rights or obligations under this agreement.
If any provision of these terms and conditions shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. Should a provision of these terms and conditions be found invalid or unenforceable, by a court, adjudicator, or arbitrator find that said provision can be enforceable by limiting or altering said provision, said provision shall be deemed to be written, constrained, and enforceable as so altered.
This agreement constitutes the entire agreement between the parties and there are no other promises or conditions in any other agreement, whether written or oral. This document supersedes and replaces any prior agreement, whether written or oral.
Choice of Law.
This Agreement shall be governed by the laws of the State of Virginia. By using this site, you consent to personal jurisdiction in the State of Virginia.
Subject to any exceptions set forth herein, any dispute, controversy, or claim arising out of or relating to this agreement shall be submitted to mandatory, final, and binding arbitration before the American Arbitration Association in accordance with their rules in effect of the time of the filing of the demand for arbitration. Those rules are incorporated by reference. Judgment on such a dispute shall be in writing with written findings of fact and shall be final and non-appeal able. Notwithstanding the foregoing, either party may seek an injunction or other equitable relief from a court of competent jurisdiction without having to submit to Arbitration.
- Arbitrators. The Arbitration’s panel shall be composed of three (3) arbitrators. Each party shall select one (1) arbitrator and the two selected arbitrators shall select the third who shall act as the chair of the tribunal.
- Language. All hearings, proceedings, and submissions shall be in English.
- Seat. The seat for the Arbitration shall be Virginia. Judgement may be entered in any court of competent jurisdiction.
- Expenses. The costs will be born equally by House Tipster and you. Each party shall bear their own expenses for participation.