- I. LICENSES AND RESTRICTIONS
- II. TRADEMARKS
- III. CONTENT
- IV. PRICES
- V. AGE OF USERS
- VI. TERMINATION OF USAGE
- VII. INDEMNITY
- VIII. PASSWORD AND ACCOUNT SECURITY
- IX. INTERACTIVE COMMUNITY
- X. NOTICES
- XI. DISCLAIMERS AND LIMITATION OF LIABILITY
- XII. SEVERABILITY
- XIII. APPLICABLE LAW; JURISDICTION
- XIV. DISPUTE RESOLUTION
- XV. DIGITAL MILLENIUM COPYRIGHT ACT
- XVI. ADDITIONAL TERMS AND CONDITIONS
- XVII. ACKNOWLEDGMENT
- XVIII. MODIFICATION
I. LICENSES AND RESTRICTIONS
Arcadia Publishing grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with Arcadia Publishing) of the contents of the Arcadiapublishing.com Site. Additional terms and conditions apply to User Created Content, as that term is defined in Section XII below. Arcadia Publishing further grants the User a limited, nonexclusive and revocable right to create a hyperlink to the Arcadiapublishing.com Site so long as the link does not portray Arcadia Publishing, its subsidiaries, and affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter. The foregoing licenses do not include any rights to:
- modify, download (other than page caching, reproduce, copy, or resell the Arcadiapublishing.com Site, the Content or any portion or derivative thereof;
- Commercially use the Arcadiapublishing.com Site, the Content or any portion derivative thereof (unless User has a business relationship with Arcadia Publishing);
- copy or download any User's account or profile information for the benefit of any third party;
- enable high volume, automated, electronic processes that apply to the Arcadiapublishing.com Site or its systems, the Content or any portion or derivative thereof;
- use any robot, spider, data miner, crawler, scraper or other automated means to access or index the Arcadiapublishing.com Site or its systems, the Content or any portion or derivative thereof for any purpose;
- interfere or attempt to interfere with the proper working of the Arcadiapublishing.com Site;
- bypass any measures used by Arcadia Publishing to prevent or restrict access to any portion of the Site, the Content or any portion or derivative thereof;
- frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Arcadia Publishing;
- use Arcadia Publishing’s name, trademarks, services marks or logos in any Meta tags or any other "hidden text" or
- compile, repackage, disseminate or otherwise use data extracted from the Arcadiapublishing.com Site.
- The foregoing are expressly prohibited; the right to do any of the foregoing shall require Arcadia Publishing's express written consent (which may include a written agreement signed by an authorized representative of Arcadia Publishing). Any unauthorized use of the Arcadiapublishing.com Site, the Content or any portion or derivative thereof shall terminate any license or permission granted by Arcadia Publishing.
Arcadia Publishing, or its parent, subsidiaries, or affiliates, or third parties from whom Arcadia Publishing has permission, own the trademarks or service marks that are used on the Arcadiapublishing.com Site. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Arcadia Publishing and its licensors may not be used without prior written consent of Arcadia Publishing or its licensor, as the case may be. Without limiting the foregoing, no Arcadia Publishing trademark or trade dress may be used in connection with any product or service that is not Arcadia Publishing’s, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Arcadia Publishing.
User acknowledges that the Arcadiapublishing.com Site contains Content, that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is or may be copyrighted as a collective work under the U.S. copyright laws, and Arcadia Publishing owns a copyright in the selection, coordination, arrangement, and enhancement of such Content on the Arcadiapublishing.com Site. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any such Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other property right. In addition to the foregoing.
Arcadia Publishing is a distributor and not a publisher of Content supplied by third parties and Users. Arcadia Publishing has no editorial control over such third party Content And Users Arcadia Publishing is not obligated to review third party Content, including User Created Content, as that term is defined in Section XII below. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content, including User Created Content, expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of Arcadia Publishing or any Arcadiapublishing.com Provider, unless expressly stated otherwise. Neither Arcadia Publishing nor any Arcadiapublishing.com Provider makes any representation, warranty or guarantee on the accuracy, completeness, or usefulness of any third party Content unless otherwise expressly stated. In many instances, the Content, including User Created Content, available through the Arcadiapublishing.com Site represents the opinions and judgments of the third party that provides such Content. Under no circumstance shall either Arcadia Publishing or any Arcadiapublishing.com Provider be liable for any loss, damage or harm caused by a User's reliance on information obtained through the Arcadiapublishing.com Site. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content, including User Created Content, available through the Arcadiapublishing.com Site.
The price for an item on the Arcadiapublishing.com Site may differ from the price shown in a User's shopping cart and it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the Arcadiapublishing.com Site. If the price for the item on the Arcadiapublishing.com Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of Arcadia Publishing, Arcadia Publishing may either (i) contact the User for instructions before shipping the item or charging the User for such item; (ii) cancel the order for such item and notify the User of such cancellation; or (iii) ship the item at the incorrect price to the benefit of the User. Please note that this policy regarding prices applies only to items sold and shipped by Arcadia Publishing.
VIII. AGE OF USERS
Our products and services are marketed for and directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 ("Minors") are not permitted to use Arcadia Publishing websites without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on our websites. Should we learn that someone under the age of 13 has provided any personal information to or on any of the Arcadia Publishing websites, we will remove that information as soon as possible.
IX. TERMINATION OF USAGE
XI. PASSWORD AND ACCOUNT SECURITY
Every User that has an account on the Arcadiapublishing.com Site is responsible for (i) keeping his or her account password confidential and secured, (ii) avoiding unauthorized access to such User's computer; and (iii) keeping the e-mail address associated with that account current (User acknowledges that it is important to keep the e-mail address associated with his or her account current because although the User may be able to log into his or her Arcadia Publishing account using an old e-mail address, such User will not receive messages from Arcadia Publishing about his or her orders and inquiries or other matters). User accepts full responsibility for all activities that occur within such User's Arcadia Publishing account or within the Arcadiapublishing.com Site interactive community.
XII. INTERACTIVE COMMUNITY
User consents to receive electronic communications from Arcadia Publishing, whether addressed to the e-mail address associated with such User's Arcadia Publishing account or posted on the Arcadia Publishing Site. User acknowledges and agrees that any communication via e-mail or by postings on this Arcadiapublishing.com Site satisfies any legal requirement that such communications be made in writing.
XIV. DISCLAIMERS AND LIMITATION OF LIABILITY
Arcadia Publishing is not responsible for and makes no warranties, express or implied, as to any Content appearing on or accessed through the Site, including without limitation, any User Created Content or the accuracy and reliability of the Content, including User Created Content, posted on the Arcadiapublishing.com Site or through the Arcadiapublishing.com Services, whether caused by Users of the Arcadiapublishing.com Site or the Arcadiapublishing.com Services or by any of the equipment or programming associated with or utilized in the Arcadiapublishing.com Site or the Arcadiapublishing.com Services. Content, including User Created Content, does not necessarily reflect the opinions or policies of Arcadia Publishing. Profiles and third party applications created and posted by Users on the Arcadiapublishing.com Site may contain links to other websites. Arcadia Publishing is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Arcadia Publishing. Inclusion of any linked website on the Arcadiapublishing.com Services does not imply approval or endorsement of the linked website by Arcadia Publishing. When you access these third party sites, you do so at your own risk. Arcadia Publishing takes no responsibility for third party advertisements or third party applications that are posted on or through the Arcadiapublishing.com Site or the Arcadiapublishing.com Services, nor does it take any responsibility for the goods or services provided by its advertisers Arcadia Publishing is not responsible for the conduct, whether online or offline, of any User of the Arcadiapublishing.com Site or the Arcadiapublishing.com Services. Arcadia Publishing assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, and any User communication. Arcadia Publishing is not responsible for any problems or technical malfunction of the Arcadia Publishing Software, or any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the Internet or on any of the Arcadiapublishing.com Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Arcadiapublishing.com Site or Services. Under no circumstances shall Arcadia Publishing be responsible for any loss or damage, including personal injury or death, resulting from use of the Arcadiapublishing.com Site or Services, from any Content, including User Created Content, posted on or through the Arcadiapublishing.com Services, from the Arcadia Publishing Software, or from the conduct of any Users of the Arcadiapublishing.com Site or Arcadiapublishing.com Services, whether online or offline. Arcadia Publishing does not guarantee the continuous, uninterrupted or secure access to the Arcadiapublishing.com Site, or any related services. The operation of the Arcadiapublishing.com Site may be interfered with by numerous factors outside the control of Arcadia Publishing. Under no circumstances shall Arcadia Publishing or any Arcadiapublishing.com Provider be liable for any damages that result from the use of or inability to use the Arcadiapublishing.com Site, including but not limited to reliance by a User on any information obtained from the Arcadiapublishing.com Site or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to Arcadia Publishing’s records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content, including User Created Content, merchandise, and services available through the Arcadiapublishing.com Site. Neither Arcadia Publishing nor any Arcadiapublishing.com Provider will be liable for any indirect, incidental, special or consequential damages arising from the use of the Arcadiapublishing.com Site, or the purchase or download of any Content, or product therefrom, even if Arcadia Publishing or any Arcadiapublishing.com Provider have been advised of the possibility of such damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to a User, some or all of the above disclaimers, exclusions, or limitations may not apply to such User, and such User may have additional rights.
XVI. APPLICABLE LAW; JURISDICTION
XVII. DISPUTE RESOLUTION
XVIII. DIGITAL MILLENNIUM COPYRIGHT ACT
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Arcadia Publishing, including User Created Content, infringe your copyright, you (or your agent) may send Arcadia Publishing a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Arcadia Publishing to locate the material on the Arcadia Publishing Site; (d) the name, address, telephone number and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Arcadia Publishing a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be sent to: , Chief Executive Officer, Arcadia Publishing Inc., 201 Wingo Way, Suite 200, Mount Pleasant, SC, 29464. Arcadia Publishing suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
XIX. ADDITIONAL TERMS AND CONDITIONS