These Terms and Conditions were last modified on April 8, 2016.
1. Use of the Website:
2. Limited License:
Subject to the Terms stated herein, Skyline Design grants you a limited, revocable, and nonexclusive license to access and use the Website for authorized purposes only. The Terms do not authorize you to track, collect, aggregate, copy, duplicate, reproduce, scrape, transmit, modify, display, produce, perform, distribute, sell, license, or create derivative works of any portion of the Website ("Website Content"), without the express written permission of Skyline Design. Moreover, you are not authorized to compile, republish, or revise the Website Content in any form. You agree to not decompile, disassemble, reverse engineer, or otherwise attempt to discover the source code for this Website. In addition, you shall not use robots, spiders, manual or automated software or scripts, or data mining or similar data extraction tools to access, scrape, crawl or spider the Website. A limited exception to the prohibition is granted to internet search engines and non-commercial archives.
3. Intellectual Property Rights:
The Website (including its overall design, text, photographs, images, graphics, code and other content) contains material protected by copyright, trademarks, trade dress and/or other intellectual property ("Intellectual Property") owned by Skyline Design, its affiliates, and third parties. This Intellectual Property is protected by U.S. and international intellectual property laws and treaties. Any unauthorized use of the Website may violate or infringe upon the intellectual property rights of Skyline Design or a third party. If you breach any of these Website Terms or otherwise infringe upon any intellectual property rights, then your authorization to use the Website and the license granted herein is automatically terminated. You further agree to not change or delete the proprietary notices from materials downloaded from the site.
Specifically, Skyline Design owns the following U.S. trademarks, as well as other protected marks and logos: SKYLINE DESIGN, ECO-ETCH®, ENVIRONMENTS MATTER®, GREENPLAY®, VITRACOLOR®, LIGHT + SHADOW®, and WEAVES + TEXTURES®. Skyline Design also owns trademark rights in the names of its patterns, processes and collections, such as Archiglas, CODA, BLINK, CLEO, AST and Fosilglas.
Skyline Design owns an extensive portfolio of registered copyrights in its full range of original patterns and designs. For example, Skyline Design owns the following U.S. registered Copyrights, as well as other material protected by U.S. and International Copyright laws and Treaties: Archiglas, AR101-110, Batiste, Borealis, Brambles, Branches, Briteline, Cascade, Challis, Dapple, Dither, Donegal, Fern, Flicker, Flutter, Glint, Khera, Leaf, Linet, Links, Nettle, Ondule, Purl, Ramie, Sateen, Shimmer, Skyline Asian Glass, Surah, Switchgrass, Wintershade, Avante Garde Prism, Eco-etch, Blink Mirror, Shimmer, Wild Persimmon, Botanica, Intaglio, Make, Glass, Threads.
You agree not to use Skyline Design's trademarks and copyrights without written permission from Skyline Design. Any unauthorized use, reproduction or copying of Skyline Design trademarks or copyrights infringes upon Skyline Design's registered rights, harms Skyline Design, and results in legal liability. Skyline Design takes these matters seriously and vigorously protects against such infringement.
4. Age Requirements/Eligibility:
You affirm that you are over the age of eighteen (18), and are able to enter into, abide by and comply with these Terms. This Website is not intended for individuals under the age of 18. If you are under 18 years of age, please do not use or access this Website.
5. Rules of Conduct:
The Website may not be used for any illegal or unauthorized purpose, and you agree to comply with all applicable laws regarding online conduct and acceptable content. You shall not take any action on the Website that would disrupt, damage, or harm the Website. You are not allowed to harvest, create, send or distribute any unwanted or unsolicited email or communications to other users of the Website, or otherwise violate any anti-spamming, anti-tracking, or anti-phishing laws. The collection, harvesting, or tracking of private or personally identifiable information is strictly prohibited.
Skyline Design respects the beliefs, customs, and practices of all groups. Harassment in any manner or form via the Website, including online communications via website links or e-mail is strictly forbidden. Impersonation of others, including Skyline Design employees, vendors, designers, licensees, or representatives, as well as other members or visitors on this Website is prohibited. You agree not to use fake or inaccurate names or contact information when corresponding with Skyline Design via the Website, links from the Website, or email.
6. Use of Website and Services at own Risk:
YOU ARE SOLELY RESPONSIBLE FOR YOUR ACTIONS ON THE WEBSITE, AND FOR ANY CONTENT THAT IS SUBMITTED, ACCESSED, DOWNLOADED, LINKED TO, OR RETRIEVED FROM OR THROUGH THE WEBSITE. YOU EXPRESSLY AGREE THAT YOU BEAR ALL RISK RELATED TO YOUR USE OF THE WEBSITE.
7. No Warranty:
TO THE EXTENT LOCAL LAW DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS PROVISION MAY NOT APPLY IN ITS ENTIRETY.
USE OF THIS WEBSITE IS PROVIDED AT YOUR OWN RISK. THE WEBSITE IS PROVIDED "AS-IS." SKYLINE DESIGN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS (COLLECTIVELY, "SKYLINE DESIGN PARTIES") EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND OWNERSHIP. SKYLINE DESIGN PARTIES DO NOT REPRESENT OR WARRANT THE ACCURACY, RELIABILITY, UNINTERRUPTED USE, RELIABILITY, TIMELINESS, OR COMPLETENESS OF THE WEBSITE, OR THAT THE WEBSITE IS FREE FROM ANY VIRUSES, ERRORS, BUGS OR OTHER HARMFUL COMPONENTS.
8. Price Variations:
In the event that Skyline Design's product or service prices change, or Skyline Design mistakenly lists an incorrect price on the Website, or other communication, Skyline Design reserves the right to refuse or cancel any orders placed for those products or services listed at the incorrect price. Skyline Design is not responsible for typographical errors. Skyline Design reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Skyline Design shall issue a credit to your credit card in the amount of the incorrect price. You understand that the credit may not be immediate and is subject to rules and regulations of the credit card processing service, and your credit card, bank or financial institution.
9. Compliance with U.S. State and Federal Laws:
Use of this Website is governed by all applicable federal, state and local laws. All information on this Website is subject to U.S. export control laws and may be the subject of laws where you reside. Skyline Design makes no representation that this Website is appropriate or available for use in other locations and access to it from territories where the Website is illegal and prohibited.
10. Linking to Third Party Websites:
The Website may contain links to third party websites that are not owned, controlled, endorsed or sponsored by Skyline Design. These links are merely provided as a convenience. Skyline Design makes no representations or warranties regarding the content on these websites. These websites also contain different terms and conditions and privacy policies, and by visiting these websites you accept any and all risk.
b. LIMITATION OF LIABILITY:
TO THE EXTENT YOUR LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY, THIS PROVISION MAY NOT APPLY IN ITS ENTIRETY.
TO THE FULLEST EXTENT PROVIDED UNDER THE LAW, SKYLINE DESIGN, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS (COLLECTIVELY, "SKYLINE DESIGN PARTIES") HAVE NO OBLIGATION OR LIABILITY TO YOU OR ANY THIRD PARTY 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 WEBSITE, OR YOUR DOWNLOADING ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO, OR SOFTWARE FROM THIS WEBSITE. TO THE FULLEST EXTENT PROVIDED UNDER THE LAW, SKYLINE DESIGN PARTIES HAVE NO OBLIGATION OR LIABILITY TO YOU OR ANY THIRD PARTY, WHETHER ARISING IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTIAL, EXEMPLARY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING OUT OF OR WITH YOUR USE OF THE WEBSITE, ANY CONTENT SUBMITTED BY YOU OR ANY CONTENT SUBMITTED BY OTHER USERS, REGISTERED OR NOT, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SKYLINE DESIGN PARTIES' LIABILITY TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER, AND REGARDLESS OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO INJUNCTIVE RELIEF ONLY, AND YOU ARE NOT ENTITLED TO DAMAGES OF ANY KIND, UNLESS OTHERWISE PERMITTED BY LAW.
You agree to indemnify, defend, and hold Skyline Design and its officers, directors, subsidiaries, affiliates, parents, assigns, agents, service providers, suppliers, and employees, harmless from and against any and all losses, claims, liabilities, demands, including reasonable attorneys' fees and costs, made by any third party arising out of or related to your use of the Website, your breach or violation of these Terms, any damage you caused to another, your breach of the representations and warranties, and the violation of the rights of another. These obligations survive these Terms and your use of the Website.
Users may not assign, convey, or otherwise transfer their rights under these Terms; however, Skyline Design may assign, convey or transfer without any restriction or notice.
e. MISCELLANEOUS PROVISIONS
i. Governing Law/Venue:
These Terms shall be governed by and construed in accordance with the laws of the State of Illinois. The state and federal courts in Illinois, specifically, the United States District Court for the Northern District of Illinois, shall be the exclusive forum and venue for any disputes that arise under or related to these Terms. You hereby consent to personal jurisdiction in Illinois.
Skyline Design is free to alter, amend or change these Terms at any time without notice. The amendments will be prospective only. You are encouraged to review these Terms from time-to-time because they may change without notice, and your use of the Website is governed by Terms in place at that time. If you object to any such changes, your sole recourse shall be to cease using this Website. Continued use of the Website shall indicate your acknowledgment of any changes and agreement to be bound by the terms and conditions of such changes.
iii. Entire Agreement:
Unless otherwise set forth in a written agreement with Skyline Design, these Terms reflect the entire agreement between you and Skyline Design. You may be subject to additional terms and conditions when you submit, download, access, or use content from the Website or links to third party sites.
The failure to enforce any Term is not a waiver of such Term. Regardless of any statute, law, or regulation to the contrary, any claim, demand, or cause of action related to the Website or the Terms must be filed within one year after the date it arose, otherwise it will be barred. If any provision or sections of these Terms is found to be invalid by a court of competent jurisdiction, then parties agree that the court should endeavor to give effect to the intent of the parties, and the remaining provisions or section remain in full force and effect.
The following sections shall specifically survive these Terms and your use of the Website, Sections 3, 5, 6, 7, 8, 9, 10, 11(b), 11(c) & 11(e). In addition, the restrictions on your use also shall survive termination.
For more information about Skyline Design or these Terms, please contact Skyline Design at:
1240 N Homan Ave #1
Chicago, IL 60651
Attn: Legal Department