1. ACCEPTANCE OF TERMS
Welcome to Arcshoppe.com!. Arcshoppe.com! ("we" and "us",
as the case may be) provides the Service to you, subject to the following
Terms of Service ("TOS"), which may be updated by us in
our sole discretion from time to time without notice to you. You
agree that your continued use of the Service after such update will
constitute your acceptance of and agreement to be bound by the updated
TOS. You can review the most current version of the TOS at any time
at: http://arcshoppe.com.com. In addition, when using particular
Arcshoppe.com! owned or operated services, you and Arcshoppe.com!
shall be subject to any posted guidelines or rules applicable to
such services, which may be posted from time to time. All such guidelines
or rules are hereby incorporated by reference into the TOS. In most
cases the guidelines and rules are specific to a particular part
of the Service and will assist you in applying the TOS to that part,
but to the extent of any inconsistency between the TOS and any guideline
or rule, the TOS will prevail. Arcshoppe.com! and/or its holding,
parent, subsidiary or related companies may also offer other services
that are governed by different Terms of Service , in which case the
TOS do not apply to such other services if and to the extent expressly
excluded by such different Terms of Services.
2. DESCRIPTION OF SERVICE
Arcshoppe.com! provides users with access to a rich collection of
resources, including various communications tools, forums, shopping
services, personalized content and branded programming through
its network of properties which may be accessed through any various
medium or device now known or hereafter developed , including but
not limited to the World Wide Web, mobile telephone or communications
services (such as SMS (Short Message Service)), and/or other Internet
or telecommunications services or protocols (such as WAP (Wireless
Application Protocol)) . You also understand and agree that the Service
may include advertisements and that these advertisements are necessary
for Arcshoppe.com! to provide the Service. You also understand and
agree that the Service may include certain communications from Arcshoppe.com!,
such as service announcements, administrative messages and the Arcshoppe.com!
Newsletter, and that these communications are considered part of
Arcshoppe.com! membership and you will not be able to opt out of
receiving them. Unless explicitly stated otherwise, any new features
those augments or enhance the current Service, including the release
of new Arcshoppe.com! properties, shall be subject to the TOS. You
understand and agree that the Service is provided that Arcshoppe.com!
assumes no responsibility for the timeliness, deletion, mis-delivery
or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service, and that
access may involve third-party fees (such as Internet service provider
or airtime charges). You are responsible for those fees, including
those fees associated with the display or delivery of advertisements.
In addition, you must provide and are responsible for all equipment
necessary to access the Service.
Unless expressly stated otherwise, no information presented in the
Service or in connection with any products and services forming part
of the Service shall be deemed as a binding offer by us or the relevant
third party, but may constitute an invitation for you to place an
order. In respect of contracts for our or any third party's products
and services which are made available as part of the Service, these
shall be deemed concluded when we or the relevant third party have
accepted your order for the same or have provided you with the product
or service pursuant to your order.
Please be aware that Arcshoppe.com! has created certain areas on
the Service that are restricted from general viewing and you must
fulfill the specified conditions to access and view such areas.
2. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that
you are of legal age to form a binding contract and are not a person
barred from receiving services under the laws or other applicable
jurisdiction. You also agree to: (a) provide true, accurate, current
and complete information about yourself as prompted by the Service's
registration form (the "Registration Data") and (b) maintain
and promptly update the Registration Data to keep it true, accurate,
current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or Arcshoppe.com! has reasonable
grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, Arcshoppe.com! has the right to suspend or
terminate your account and refuse any and all current or future use
of the Service (or any portion thereof). Arcshoppe.com! is concerned
about the safety and privacy of all its users, particularly children.
However, please remember that the Service is designed to appeal to
a broad audience. Accordingly, if you are a parent or legal guardian,
it is your responsibility to determine whether any of the Services
and/or Content is appropriate for your child. Similarly, if you are
a child, please consult with your parent or legal guardian as to
whether any of the Services and/or Content is appropriate for you.
We may provide you with access to some parts of the Service without
you registering as a user. In that case, your identification is based
on other means of identification that we deem appropriate. In appropriate
cases, identification may be based on data identifying your mobile
telephone or communications subscription, such as your subscription
number or MSISDN (Mobile Service Integrated Services Digital Network)
number provided by your network operator. You agree that such information
may be collected and disclosed to us and used in accordance with
the TOS.
3. ARCSHOPPE.COM! PRIVACY POLICY
Registration Data and certain other information about you are subject
to our Privacy Policy which is incorporated by reference into and
made a part of this TOS. By giving or making available the Registration
Data and such other information about yourself to us, you agree and
acknowledge that we may use or release such information to third
parties as specified in the Privacy Policy, and that you give consent
to such use or disclosure. You further agree that providing us with
your Registration Data and/or using the Service, you expressly request
to receive and consent to receiving communications and materials
from Arcshoppe.com! from time to time. You understand that through
your use of the Service you consent to the collection and use of
this information, including the transfer of this information to the
other countries for storage, processing and use by Arcshoppe.com!
and its affiliates.
4. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing
the Service's registration process. You are responsible for maintaining
the confidentiality of the password and account and are fully responsible
for all activities that occur under your password or account. You
agree to (a) immediately notify Arcshoppe.com! of any unauthorized
use of your password or account or any other breach of security,
and (b) ensure that you exit from your account at the end of each
session. Arcshoppe.com! cannot and will not be liable for any loss
or damage arising from your failure to comply with this Section 5.
5. MEMBER CONDUCT
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages, tags, or other materials
("Content"), whether publicly posted or privately transmitted,
are the sole responsibility of the person from whom such Content
originated. This means that you, and not Arcshoppe.com!, are entirely
responsible for all Content that you upload, post, email, transmit
or otherwise make available via the Service. Arcshoppe.com! does
not control the Content posted via the Service and, as such, does
not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content
that is offensive, indecent or objectionable. Under no circumstances
will Arcshoppe.com! or our licensors, suppliers, vendors, parent,
holding, subsidiary or related companies, affiliates, officers, agents
or employees, as the case may be, be liable in any way for any Content,
including, but not limited to, any exposure to offensive, indecent
or objectionable Content, any errors or omissions in any Content,
or any loss or damage of any kind incurred as a result of the use
of any Content posted, emailed, transmitted or otherwise made available
via the Service.
You agree to not use the Service to:
(a) upload, post, email, transmit or otherwise make available any
Content that is unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive
of another's privacy, subversive, hateful, or racially, ethnically
or otherwise objectionable or contrary to public interest, public
order or national harmony in all relevant jurisdictions;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited
to, a Arcshoppe.com! official, forum leader, guide or host, or falsely
state or otherwise misrepresent your affiliation with a person or
entity;
(d) forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the Service;
(e) interfere with or disrupt the Service or another person's use
of the Service or servers or networks connected to the Service, or
disobey any requirements, procedures, policies or regulations of
networks connected to the Service;
(f) intentionally or unintentionally violate any applicable law,
statute, ordinance, regulation, rule or code, including, but not
limited to, any regulations, rules, notices, instructions or directives
of any regulatory body or authority, governmental agency or national
or other securities exchange ;
You understand that the Service and software embodied within the
Service may include security components that permit digital materials
to be protected, and that use of these materials is subject to usage
rules set by Arcshoppe.com! and/or content providers who provide
content to the Service. You may not attempt to override or circumvent
any of the usage rules embedded into the Service. Any unauthorized
reproduction, publication, further distribution or public exhibition
of the materials provided on the Service, in whole or in part, is
strictly prohibited.
6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply
with all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding
the transmission of technical data exported from the country in which
you reside.
7. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell trade, resell
or exploit for any commercial purposes, any portion of the Service
and Product (including your ID), use of the Service, or access to
the Service.
8. MODIFICATIONS TO SERVICE
Arcshoppe.com! reserves the right at any time and from time to time
to modify or discontinue, temporarily or permanently, the Service
(or any part thereof) with or without notice. You agree that Arcshoppe.com!
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
9. TERMINATION
You agree that Arcshoppe.com! may, under certain circumstances and
without prior notice, immediately terminate your Arcshoppe.com! account,
any associated email address, and access to the Service. Cause for
such termination shall include, but not be limited to, Further, you
agree that all terminations for cause shall be made in Arcshoppe.com!'
sole discretion and that Arcshoppe.com! shall not be liable to you
or any third party for any termination of your account, any associated
email address, or access to the Service.
10. DEALINGS WITH ADVERTISERS
The Service may also include access to products and services of
independent third parties either directly or via links to sites operated
by such third party advertisers. Your correspondence or business
dealings with, or participation in promotions of, advertisers found
on or through the Service, including payment and delivery of related
goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between
you and such advertisers, even where it is in relation to any products
or services that are co-branded with us which may include our trademarks.
You agree that Arcshoppe.com! shall not be responsible or liable
for any loss or damage of any sort incurred as the result of any
such dealings or as the result of the presence of such advertisers
on the Service.
11. LINKS
The Service may provide, or third parties may provide, links to
other World Wide Web sites or resources. Because Arcshoppe.com! has
no control over such sites and resources, you acknowledge and agree
that Arcshoppe.com! is not responsible for the availability of such
external sites or resources, and does not endorse and is not responsible
or liable for any Content, advertising, products or other materials
on or available from such sites or resources. You further acknowledge
and agree that Arcshoppe.com! shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged
to be caused by or in connection with use of or reliance on any such
Content, goods or services available on or through any such site
or resource.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
ARCSHOPPE.COM! AND ITS PARENT, HOLDING, SUBSIDIARY AND RELATED COMPANIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, SUPPLIERS
AND VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT
(OTHER THAN ANY WARRANTY THE EXCLUSION OF WHICH IS NOT LAWFUL).
(b) ARCSHOPPE.COM! AND ITS PARENT, HOLDING, SUBSIDIARY AND RELATED
COMPANIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS,
SUPPLIERS AND VENDORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL
MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE OR ERROR-FREE; (iii) THE SERVICE WILL BE ACCESSIBLE AT ANY
TIME OR AT ALL TIMES VIA THE CHANNEL SELECTED OR USED BY YOU, (iv)
THE INFORMATION, CONTENT OR ADVERTISEMENTS CONTAINED ON, DISTRIBUTED
THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SERVICE
(THE ?MATERIALS?) OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF
ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICE AND PRODUCTS WILL MEET YOUR EXPECTATIONS.
(c) ANY RELIANCE UPON OR USE OF ANY OF THE MATERIALS SHALL BE AT
YOUR OWN DISCRETION AND RISK. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION
AND WITHOUT ANY OBLIGATION, TO MAKE IMPROVEMENTS TO, OR CORRECT ANY
ERROR OR OMISSIONS IN, ANY PART OF THE SERVICE OR THE MATERIALS.
THE MATERIALS ARE PROVIDED OR MADE AVAILABLE BY US ON AN "AS
IS" BASIS, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY OF THE
MATERIALS OR THE PRODUCTS.
(d) ANY MATERIAL OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR EQUIPMENT OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(e) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM ARCSHOPPE.COM! OR OUR LICENSORS, SUPPLIERS, VENDORS,
PARENT, HOLDING, SUBSIDIARY OR RELATED COMPANIES, AFFILIATES, OFFICERS,
AGENTS OR EMPLOYEES OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TOS (SAVE FOR ANY FRAUDULENT
MISREPRESENTATION BY US OR OUR LICENSORS, SUPPLIERS, VENDORS, PARENT,
HOLDING, SUBSIDIARY OR RELATED COMPANY, AFFILIATE, OFFICER, AGENT
OR EMPLOYEE, AS THE CASE MAY BE).
(f) A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES
WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER
SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE
PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO
HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR
FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR
TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE
AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING
SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE
OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY
MOVEMENT, OR CONVULSIONS.
13. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ARCSHOPPE.COM! AND ITS PARENT,
HOLDING, SUBSIDIARY AND RELATED COMPANIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO
YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN
IF ARCSHOPPE.COM! OR ITS LICENSORS, SUPPLIERS, VENDORS, PARENT, HOLDING,
SUBSIDIARY OR RELATED COMPANY, AFFILIATE, OFFICER, AGENT OR EMPLOYEE,
AS THE CASE MAY BE, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE SERVICE, THE MATERIALS AND THE PRODUCTS;
(ii) THE USE OR THE INABILITY TO USE THE SERVICE; (iii) THE COST
OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
(vi) ANY GOODS OR SERVICES DISPOSED OF OR MESSAGES SENT OR RECEIVED
USING THE SERVICE; OR (vii) ANY OTHER MATTER RELATING TO THE SERVICE,
THE MATERIALS OR THE PRODUCTS. NOTHING IN THIS TOS SHALL LIMIT THE
LIABILITY OF US OR OUR LICENSORS, SUPPLIERS, VENDORS, PARENT, HOLDING,
SUBSIDIARY OR RELATED COMPANIES, AFFILIATES, OFFICERS, AGENTS OR
EMPLOYEES, AS THE CASE MAY BE FOR DEATH OR PERSONAL INJURY RESULTING
FROM OUR OR THEIR NEGLIGENCE.
14. NOTICE
Arcshoppe.com! may provide you with notices, including those regarding
changes to the TOS, by email, regular mail or postings on the Service.
You agree that such notices by email or regular mail, and such display
of notices or links to notices to you generally on the Service, will
constitute sufficient and adequate notice to you of the matters contained
therein.
15. GENERAL INFORMATION
Entire Agreement the TOS constitutes the entire agreement between
you and Arcshoppe.com! and governs your use of the Service and Product,
superseding any prior understandings, statements, representations
and agreements between you and Arcshoppe.com! with respect to the
Service and Product. You also may be subject to additional terms
and conditions that may apply when you use or purchase certain other
Arcshoppe.com! services and product, affiliate services, third-party
content or third-party software.
No Right of Survivorship and Non-Transferability. You agree that
your Arcshoppe.com! account is non-transferable and any rights to
your Arcshoppe.com! ID or contents within your account terminate
upon your death. Upon receipt of a copy of a death certificate, your
account may be terminated and all contents therein permanently deleted.
16. VIOLATIONS
Please report any violations of the TOS to our Customer Care group.
Mail at customersupport@arcshoppe.com
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