"Site" means the Thirty Thousand Feet website and all it's pages, including associated blogs.
1. Binding Agreement
2. License and Site Access
Subject to these terms and conditions and all applicable laws and regulations, the Site grants you a non-exclusive, non-transferable, personal, limited license to access, view, use, and display this Site and the text, graphics, content, information, audio, video and other services (the "Materials"), which the Site makes available to you.
Any resale or commercial use of this Site or its contents, or any derivative use of this Site or its contents is prohibited.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR PARTICULAR PURPOSE. THE SITE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THIS SITE, INCLUDING BUT NOT LIMITED TO THE RELIABILITY OF ANY ADVICE, STATEMENT, ADVERTISEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE BY THE USE OF THIS SITE THAT ANY RELIANCE ON ANY SUCH MATERIALS, CONTENT, ADVICE, STATEMENT, ADVERTISEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK.
THE SITE SHALL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER EQUIPMENT, OR FOR ANY VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE, OR BROWSING OF THE SITE.
THE CONTENT INCLUDED IN THE SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. THE SITE RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE.
4. Links to Third-Party Sites
The Site provides, solely as a convenience to its users, links to web sites and other resources operated by other parties. When you click these links you leave this Site and do so at your own risk. It is your responsibility to take all necessary measures to protect against viruses, malware, or other destructive elements. The Site does not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that the Site is affiliated or associated with the linked site.
The Site provides no guarantee that linked sites will not contain objectionable material somewhere within their content, or that linked sites will not change their content to become objectionable, or that owners of linked sites will not loose control of their content to other parties who may include objectionable content on those sites.
5. Deep Linking and Framing
You may link to internal pages within this Site, provided that you do not copy or frame the content found there.
6. Limitation of Liability
YOUR USE AND BROWSING OF THE SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH ANY CONTENT ON THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE.
UNDER NO CIRCUMSTANCES WILL THE SITE OR ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED ON, OR INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION OR DATA) ARISING OUT OF YOUR ACCESS TO, USE OF, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE OR THE MATERIALS, ANY WEB SITES LINKED TO THIS SITE, OR ANY MATERIALS CONTAINED AT ANY OR ALL SUCH SITES (INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY OR RESULTING FROM A FAILURE OF PERFORMANCE; ERROR; OMISSION; LINKING TO OTHER WEB SITES; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; COMMUNICATION LINE FAILURE; OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY COMPUTER OR SYSTEM), WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT THE SITE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE SITE SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
All content on the Site is subject to change without notice, and the Site reserves the right to change or modify the terms and conditions applicable to the use of this Site at any time. Such changes, modifications, additions, or deletions to the terms and conditions of use shall be effective immediately upon publication. The Site may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time.
This Agreement and the licenses granted herein will terminate automatically and without notice if you fail to comply with any term or condition of this Agreement; provided, however, that all provisions relating to disclaimers, limitation of liability, copyright, trademarks and other proprietary rights of the Site shall survive the termination of this Agreement.
9. Choice of Law and Forum
These terms and conditions of use and any dispute between you and the Site arising out of or related to this Agreement or your use of this Site shall be construed, interpreted and governed by the laws of the State of New York, U.S.A., without giving effect to its conflict of laws provisions.
10. Entire Agreement
These terms and conditions shall constitute the entire agreement between the Site and you and supersedes any previous oral, written or electronic communications or documents with respect to the subject matter herein. If any part of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
This Site and it's entire content are copyrighted and protected by worldwide copyright, trademark and other laws and treaty provisions. You agree to comply with all copyright, trademark and other laws worldwide in your use of this Site and to prevent any copying, reproduction, modification, distribution, displaying, performing or transmission in violation thereof or of these terms and conditions. Except as expressly provided in these terms and conditions, the Site does not grant any express or implied license or third party right to you under any patents, trademarks, copyrights or trade secret information of the Site or of any third party.
12. Copyright Notice
All Site design, text, graphics and the selection and arrangement thereof, are the property of the Site.
13. Transfer Restrictions
You shall not sublicense, transfer or assign this Agreement or any of the rights or licenses granted under this Agreement. Any attempted transfer in violation of the foregoing is void.
10 February 2008