Terms of Use & Disclaimer

PLEASE READ THESE GENERAL TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR ACCESSING THIS WEB SITE.

            By using or accessing any of the pages of this web site operated by Warren J. Martin, Jr., as Assignee for the Benefit of Creditors of Fleer/SkyBox International LP and Fleer Collectibles, LLC, (“Web Site”), you signify your assent to the terms of use set forth below (“General Terms of Use”).  If you do not agree to these General Terms of Use, you should not use or access this Web Site.  For purposes of these General Terms of Use, “you” and “your” shall include not only you as user and the individual, person, or entity to whom access to this Web Site has been provided hereunder, but shall also include all individuals, persons, and/or other entities over which you exercise any degree of control or authority, or whose actions you control, authorize, facilitate, or otherwise permit.  Warren J. Martin, Jr. (hereinafter “Assignee,” “we,” or “us”) reserves the right, at his sole discretion, to change, modify, add, or remove portions of these General Terms of Use at any time.  Please check these General Terms of Use periodically for changes.  Your continued use of this Web Site following the posting of changes to these General Terms of Use will mean that you accept such changes.  These General Terms of Use govern your use and access to any and all web pages of this Web Site, including both web pages and Content accessible to the general public, as well as those web pages and Content which are accessible only to individuals, persons, or institutions which have satisfied certain other requirements (“Qualified Parties”).  Additional terms and conditions may govern the use of and access to web pages and Content which are provided only to Qualified Parties, and those terms and conditions shall control such use and access to the extent that they conflict with these General Terms of Use.

RESTRICTIONS ON USE OF MATERIALS

            Unless otherwise noted, all materials, including, but not limited to, articles, images, illustrations, designs, icons, photographs, video-clips, and/or audio-clips that are part of or provided on this Web Site, including without limitation Restricted Content, as defined herein, (collectively, the “Content”) are protected by copyright and owned, controlled, or licensed by Assignee, and/or any party credited as provider or owner of the Content.  You shall abide by any and all additional copyright notices, information, or restrictions contained in any Content accessed through this Web Site.

            No Content from this Web Site may be reproduced, copied, republished, framed, hyperlinked, downloaded, uploaded, transmitted, posted, or distributed in any way.  You may, however, to the extent that such action does not violate the rights of any third-parties (with respect to which Assignee makes no representations or warranties), download one copy of the Content on a single computer for your personal use, provided that you keep intact all copyright and other proprietary notices.  Storing, reproducing, distributing, or copying of any Content for any purpose other than your own personal use is expressly prohibited without prior permission from Assignee, and/or from the copyright holder identified in any copyright notice contained in the Content.  You may not build any hyperlink to any page of this Web Site without the prior written permission and authorization of Assignee. 

No other or further use of this Web Site or the Content is permitted without the prior written permission and authorization of Assignee.  Use of any spider, robot, other automatic device, or manual process to copy, reproduce, or monitor this Web Site or the Content is expressly and strictly forbidden. 

Any modification or revision of the Content, or use of the Content for purposes other than authorized herein, constitutes a violation of Assignee’s copyrights and other proprietary rights, and/or may constitute a violation of the copyrights and other proprietary rights of third-parties.  The use of Content or any web pages of this Web Site on any other web site, or on any internal or external computer network, is expressly prohibited without the prior written authorization of Assignee.

Various trademarks, service marks, trade names and other designations of origin or endorsement which are displayed or contained within this Web Site may be proprietary to Assignee and/or third-parties.  Assignee expressly reserves all of his rights in and to any such trademarks, service marks, trade names and other designations of origin or endorsement.  You are advised and instructed that any copying or use by you of any such trademarks, service marks, trade names and other designations of origin or endorsement displayed or contained within this Web Site which are owned, licensed, or controlled by third-parties may result in your liability for such copying or use.

USE OF PASSWORD

If you have been provided a password as a Qualified Party to use, access, and/or view any restricted portions of this Web Site (“Restricted Content”), such privilege to use, access, and/or view Restricted Content and such password are personal to you – you may not authorize others to use, access, and/or view Restricted Content, and you are responsible for all use, access, or viewing by you and those whom you allow to use, access, or view this Web Site and/or Restricted Content.  You may not sub-license, transfer, sell or assign these General Terms of Use or your password to any third party without Assignee’s written approval.  Any attempt to do so will be null and void and shall be considered a material breach of these General Terms of Use.

You will be solely responsible for maintaining the confidentiality of your password.  You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your subscriber ID and/or password.  If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your ID, password), you must promptly contact Assignee.

COMMUNICATIONS CONTAINED ON THIS WEB SITE

            For purposes of these General Terms of Use, the term “Forum” shall include any written communications, including, but not limited to, letters, e-mails, or other types of communications, which are sent to the webmaster(s), employees, or other agents of Assignee, as well as any messages or written communications posted in connection with any online discussions or interactions on this Web Site.  You shall not upload to, distribute by way of, or otherwise publish through any Forum on this Web Site any content or material which is defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, illegal, abusive, or otherwise objectionable that would constitute or encourage the commission of a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law.

            You shall not, without the prior written authorization of Assignee, distribute or otherwise publish any material containing any solicitation of funds, advertising, promotion, or solicitation for goods and services.  You expressly acknowledge that the solicitation of other guests or Qualified Parties of this Web Site to join or become members of any commercial organization or service is expressly prohibited, without the prior written authorization of Assignee.         

            By uploading or otherwise submitting any materials or content to any Forum or to Assignee, you automatically grant (or warrant that the owner of such rights has expressly granted) to Assignee a perpetual, royalty-free, irrevocable, non-exclusive license to use, reproduce, modify, adapt, translate, publish, create derivative works from and distribute such materials or incorporate such materials into any medium, form, or technology now known or later developed throughout the universe.  In addition, you warrant that all “moral rights” or their equivalents in those materials have been waived.

            In general, Assignee will not monitor or edit the contents of any materials contained within any Forum on this Web Site unless required to do so by law, in connection with the normal maintenance of this Web Site and its systems, or in its good faith belief that such action is necessary to: (1) comply with the law, or comply with legal process served on Assignee; (2) protect and defend the legitimate business interests, rights or property of Assignee, its users, guests, Qualified Parties, sponsors, affiliates, advertisers, or related entities; or (3) act in an emergency to protect the safety of its guests or the general public.  You, and all other guests, Qualified Parties, and other users of this Web Site, shall remain solely responsible for the content of their own communications.  Assignee has the right, but not the obligation, to monitor, edit, and/or remove any Forum content or other communications from any portion of this Web Site.

INDEMNIFICATION

            You hereby agree to indemnify, defend, and hold Assignee harmless from any liability, loss, claim and expense, including reasonable attorneys fees, related to your violation or alleged violation of these General Terms of Use.

LIMITATIONS UPON SCOPE & TERRITORY OF USE

            Unless otherwise specified, the Content of this Web Site is provided solely for the purpose of furthering and promoting the sale of assets and inventory of Fleer SkyBox International LP and Fleer Collectibles, LLC.  Assignee is an individual residing in and conducting activities from within the State of New Jersey.  Assignee makes no representation that any Content contained within this Web Site is appropriate or available for use in other locations or jurisdictions.  Any persons, individuals, or other entities who choose to access or use the Content or this Web Site from other jurisdictions or locations do so on their own initiative, and are solely responsible for establishing the usability or correctness of any information or Content contained within this Web Site under the law of any such jurisdictions or locations, as well as the compliance of any such information or Content with any applicable requirements of local laws and regulations.  You, and all other guests, Qualified Parties, and users, agree that the laws of the State of New Jersey shall govern any dispute relating to or arising out of use of this Web Site and/or Content.

TERMINATION

            The terms and conditions of these General Terms of Use are effective upon your initial access and/or use of this Web Site or its Content, and shall remain effective until terminated by Assignee.  Any privileges granted to you under these General Terms of Use shall terminate immediately, without notice to you, if in Assignee’s sole discretion you have failed to fully comply with any term or provision of these General Terms of Use.  Upon such termination and Assignee’s providing of such notice to you, you must destroy all Content obtained by you from this Web Site and all copies or reproductions thereof in any format or medium, whether made or generated pursuant to these General Terms of Use or otherwise. Assignee may take any actions which it determines necessary or appropriate under the circumstances to eliminate, prevent, or preclude future or repeat violations, and Assignee shall not be liable for any damages of any kind or nature which may be suffered by you or any guest, Member, other user, or third-party resulting in whole or in part from Assignee’s exercise of any of its rights pursuant to these General Terms of Use.

DISCLAIMER

            THE CONTENT OF THIS WEB SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO ANY APPLICABLE LAWS OR REGULATIONS, ASSIGNEE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  ASSIGNEE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER(S) THAT MAKES THIS WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  ASSIGNEE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT ON THIS WEB SITE IN TERMS OF ITS CORRECTNESS, TIMELINESS, CURRENCY, ACCURACY, RELIABILITY, OR OTHERWISE.  YOU (AND NOT ASSIGNEE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RESULTING FROM YOUR USE OF THIS WEB SITE.  APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ASSIGNEE BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT ON THIS WEB SITE, EVEN IF ASSIGNEE OR AN ASSIGNEE-AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  IN NO EVENT SHALL ASSIGNEE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEB SITE.

NO LEGAL OR PROFESSIONAL ADVICE

The Content contained on this Web Site has been prepared by Assignee as a service to its guests, users, Qualified Parties and other potential purchasers of the assets or inventory of Fleer/SkyBox International LP and Fleer Collectibles, LLC, and is not intended to constitute legal advice, or any other kind of professional advice.  Assignee has used reasonable efforts in collecting, preparing and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy, timeliness or currency of the information contained on or linked to this Web Site. Users of information from this Web Site or links from this Web Site do so at their own risk, and are advised and encouraged to seek or consult legal counsel and/or other professional advice as appropriate.

PRODUCTS, SERVICES, & STATEMENTS OF THIRD-PARTIES

Any reference made by this Web Site to any specific commercial product, process, or service (or provider of such product, process or service) by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by Assignee of such product, process, service or provider, or conversely, an endorsement, recommendation, or favoring of Assignee by such provider.  Content on this Web Site may be provided by guests, users, Qualified Parties, and third-parties.  Any opinions, advice, statements, services, offers or other information expressed or made available by third-parties, including information providers, guests, users, Qualified Parties or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of Assignee, or its Qualified Parties, employees, or agents.

LINKS & REFERENCES TO OTHER WEB SITES & SERVICES

To the extent that this Web Site contains links to outside services and resources, Assignee does not control the availability and content of those outside services and resources.  Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.

MISCELLANEOUS

The terms and provisions of these General Terms of Use shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to choice of law or conflict principles.  You hereby agree that any action at law or in equity arising out of or relating to these General Terms of Use shall be filed only in the state courts located in Morris County, New Jersey, or the federal courts located in Newark, New Jersey (to the extent such courts have jurisdiction over the dispute), and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.  If any provision of these General Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from all other terms contained herein and shall not affect the validity and enforceability of any remaining provisions.  You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to this Web Site and these General Terms of Use must be filed within one (1) year of the date on which the cause of action arose, or shall be barred as untimely.  These General Terms of Use shall constitute the entire agreement between us relating to the subject matter herein, with the sole exception of any superseding applicable terms and conditions relating to use by Qualified Parties as referenced herein, and shall not be modified except as provided herein or in writing, signed by Assignee.  To the extent that anything in or associated with this Web Site is in conflict or inconsistent with these General Terms of Use, these General Terms of Use shall take precedence, except as otherwise expressly provided herein.  Any failure by Assignee to enforce any provision of these General Terms of Use shall not be deemed a waiver of any such provision or other provisions, nor of the right to enforce such provision or other provisions.

THERE GENERAL TERMS OF USE WERE LAST UPDATED OR MODIFIED ON:
JULY 7, 2005.