Conditions of Use
TERMS AND CONDITIONS OF USE
This page states the terms and conditions ("Terms") under which you may use any Lark Walk Puzzles and Amusements ("Lark Walk") web site ("Sites"). Please read this page carefully. If you do not accept the Terms, do not use the Sites or order any products from the Sites. By using the Sites or ordering any product from the Sites, you are indicating your agreement to be bound by the Terms. Lark Walk may revise the Terms at any time by posting an update to this page. You should visit this page periodically, because your continued use of the Site after we post changes to the Terms means you have accepted the changes. The terms "you" and "user" refer to all individuals and/or entities accessing the Sites for any reason.
2. Use of Material
The contents of the Sites, including, but not limited to, text, graphics, sounds, images and other material ("Material"), are owned by Lark Walk and third party service providers ("Service Providers") and are protected by United States and foreign intellectual property laws. Unauthorized use of the Material may violate copyright, trademark and other laws.
You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The Material may not be used on any other web site or in a networked computer environment for any purpose.
You may not copy or adapt the HTML or other code that Lark Walk uses to generate its pages. This code is also protected by Lark Walk's copyright and other intellectual property rights.
3. Site Use
A. General Rules: You may not use the Sites in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive, hateful, or otherwise objectionable, in our sole discretion.
B. Security Rules: You may not violate or attempt to violate the security of the Sites or use the Sites to violate the security of other websites by any method, including, without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the
vulnerability of a system or network or to breach security or authentication measurers without proper authorization,
(c) attempting to interfere with service to any user of the Sites, host or network, including, without limitation, via means of submitting a virus to the Sites, overloading, "flooding," "spamming," "mailbombing," or "crashing" the Sites, (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any Lark Walk packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Lark Walk may investigate violations of the Terms and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
4. Linking to the Sites
We welcome links to any Lark Walk web site, but any link must not:
- frame or create a browser or border environment around the Web Site;
- imply that Lark Walk is endorsing your web site or your products or services;
- misrepresent your relationship with Lark Walk;
- present false information about products or services on the Site;
- use our trademarks or logos for other purposes without prior permission from us; and
- contain content that we might consider distasteful or offensive.
6. Lark Walk's Liability
Editorial content, online messages and reviews reflect the opinions of the individual writers and not necessarily the opinions of Lark Walk. Lark Walk accepts no responsibility for opinions expressed online in any of its properties.
The Material may contain inaccuracies or typographical errors. We make no representations about the accuracy, reliability, completeness, or timeliness of the Sites or the Material. The use of the Sites and the Material is at your own risk. We reserve the right, at our discretion, to modify, add, or remove portions of the Sites at anytime without notice.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any material you place on the Sites.
LARK WALK DOES NOT WARRANT THAT THE SITES WILL OPERATE ERROR-FREE OR THAT THE SITES OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITES OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF YOUR OR ANOTHER'S EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS.
THE SITES AND THE MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE SPECIFICALLY DISCLAIM ANY WARRANTY (A) THAT THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, AND (E) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY.
7. Limitation of Liability and Remedies
THE MAXIMUM AGGREGATE LIABILITY OF LARK WALK UNDER ANY CONTRACTUAL, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY FOR ANY ORDER THROUGH THE SITES WILL BE LIMITED EXCLUSIVELY TO A REFUND OF PAYMENTS WE RECEIVED FROM YOU RELATING TO SUCH ORDER.
NEITHER WE NOR OUR SERVICE PROVIDERS SHALL BE LIABLE FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF ANY ORDER FROM LARK WALK'S ONLINE STORES (larkwalk.com) OR THE USE OF OR INABILITY TO USE THE SITES OR ANY INFORMATION PROVIDED ON OR THROUGH THE SITES, OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SITES, THE SERVICE OR ANY HYPERLINKED WEB SITE.
8. Links to Other Sites
The Sites may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by us of the content on such third-party websites. We are not responsible for the content of linked third-party sites and do not make any representations regarding the content, suitability, or accuracy of materials on such third-party sites. If you decide to access linked third-party sites, you do so at your own risk.
Lark Walk cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from Lark Walk because these sites are owned and operated by independent operators. We do not endorse any of the goods or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. Lark Walk does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and activity. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or off-line transaction with any of these third parties.
Lark Walk reserves the right, at its sole discretion and without liability to you, to immediately terminate your ability to access the Sites and/or any other service we may provide to you, with or without cause. Without limiting the foregoing, we may terminate your access if we learn you have provided false or misleading information, interfered with other users or the administration of our services, or otherwise not complied with any of the Terms.
Lark Walk makes no claims that the Materials may be lawfully viewed or downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Sites from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The Terms are governed by the internal substantive laws of the state of Nebraska, without respect to its conflict of laws principles. Jurisdiction of any claims arising under the Terms will lie exclusively with the state or federal courts within the state of Nebraska and you consent to the exclusive personal jurisdiction of such courts if there is a dispute between you and us. You may not institute any action in any form arising out of use of the Sites, the Materials or the Terms more than eighteen (18) months after the cause of action has arisen. If any of the Terms is found to be invalid by any court having competent jurisdiction, that invalidity will not affect the validity of the remaining Terms, which will remain in full force and effect. No waiver of any Term will be deemed a further or continuing waiver of such provision or any other provision. Except as expressly provided in another statement by Lark Walk on the Sites, the Terms constitute the entire agreement between you and us with respect to the use of Sites. No changes to the Terms may be made except by a revised posting by us on this page, and no waiver of any Term will be effective unless it is in writing and signed by us.