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 Terms & Agreements
Definitions
Arkitectum.com is the interactive online service owned and operated
by Arkitectum, Inc. consisting of job posting services, forums, image
gallery, articles and content provided by Arkitectum.com, affiliates
of Arkitectum.com and third parties. "Subscriber" means each
person who establishes and or uses an authorized account ("Account")
for access to and use of Arkitectum.com.
General
(A) This Agreement sets forth the terms and conditions which apply
to the use of Arkitectum.com by Subscriber. By using Arkitectum.com,
Subscriber is deemed to have agreed to comply with all of the terms and
conditions hereof. The right to use Arkitectum.com is personal to Subscriber
and is not transferable to any other person or entity. Subscriber is
responsible for all use of Subscriber's Account under any screen name
or password by any person and for ensuring that all use of Subscriber's
Account complies fully with the provisions of this Agreement. Subscriber
shall be responsible for protecting the confidentiality of Subscriber's
password(s).
(B) Arkitectum.com shall have the right at any time to change or discontinue
any aspect or feature of arkitectum.com, including but not limited to content,
hours of availability, and equipment needed for access or use.
Changed Terms
Arkitectum.com. shall have the right at any time to change or modify
the terms and conditions applicable to Subscriber's use of Arkitectum.com,
or to impose new conditions with respect to such use. Such changes, modifications
or additions shall be effective immediately upon notice thereof, which
may be given by means including but not limited to posting on Arkitectum.com,
or by electronic or conventional mail, or by any means by which Subscriber
obtains actual knowledge thereof. Any use of Arkitectum.com by subscriber
after such notice shall be deemed to constitute acceptance by Subscriber
of such changes, modifications or additions.
Equipment
Subscriber shall be responsible for obtaining and maintaining all telephone,
computer hardware and other equipment needed for access to and use of
Arkitectum.com.
Subscriber Conduct
(A) Subscriber shall use Arkitectum.com for lawful purposes only. Subscriber
shall not post or transmit through Arkitectum.com any material which
violates or infringes in any way upon the rights of others, which is
unlawful, threatening, abusive, defamatory, invasive of privacy or publicity
rights, vulgar, obscene, profane or otherwise objectionable, which encourages
conduct that would constitute a criminal offense, give rise to civil
liability or otherwise violate any law, or which, without Arkitectum.com’s
express prior approval, contains advertising or any solicitation with
respect to products or services. Subscriber shall not use Arkitectum.com
to solicit users to become subscribers of other online information services
competitive with Arkitectum.com.
(B) Arkitectum.com contains copyrighted material, trademarks and other
proprietary information, and the entire contents of Arkitectum.com are
copyrighted as a collective work under United States & International
copyright laws. Subscriber may download copyrighted material for Subscriber's
personal use. Except as otherwise expressly permitted under copyright
law, no copying, redistribution, publication or commercial exploitation
of downloaded material will be permitted without the express permission
of Arkitectum.com and the copyright owner. In the event of any permitted
copying, redistribution or publication of copyrighted material, no changes
in or deletion of author attribution or copyright notice shall be made.
Subscriber may download public domain materials for Subscriber's own
use or non-commercial distribution.
(C) Subscriber shall not upload, post or otherwise make available on
Arkitectum.com any material protected by copyright, trademark or other
proprietary right without the express permission of the owner of the
copyright, trademark or other proprietary right. Subscriber hereby grants
Arkitectum.com the right to edit, copy, publish and distribute any material
made available on Arkitectum.com by Subscriber.
(D) The foregoing provisions of Section 5 are for the benefit of Arkitectum.com,
its affiliates and its third party content providers and licensors and
each shall have the right to assert and enforce such provisions directly
on its own behalf.
Disclaimer of Warranty; Limitation of Liability
(A) Subscriber expressly agrees that use of Arkitectum.com is at subscriber’s
sole risk. Neither Arkitectum.com, its affiliates nor any of their respective
employees, agents, third party content providers or licensors warrant
that Arkitectum.com will be uninterrupted or error free; nor do they
make any warranty as to the results that may be obtained from the use
of that Arkitectum.com, or as to the accuracy, reliability or content
of any information, service, or merchandise provided through that Arkitectum.com.
(B) That arkitectum.com is provided on an "AS IS" basis without
warranties of any kind, either express or implied, including but not
limited to warranties of title or implied warranties of merchantability
or fitness for a particular purpose, other than those warranties which
are implied by and incapable of exclusion, restriction or modification
under the laws applicable to this agreement.
(C) In no event will that Arkitectum.com, or any person or entity involved
in creating, producing, distributing or selling subscriptions that Arkitectum.com
or that Arkitectum.com software, be liable for any direct, indirect,
incidental, special or consequential damages arising out of the use of
or inability to use that Arkitectum.com or breach of any warranty. Subscriber
hereby acknowledges that the provision of this section shall apply to
all content on that Arkitectum.com.
Monitoring
Arkitectum.com shall have the right, but not the obligation, to monitor
the content of Arkitectum.com, including chat rooms and forums, to determine
compliance with this Agreement and any operating rules established by
Arkitectum.com. Arkitectum.com shall have the right in its sole discretion
to edit, refuse to post or remove any material submitted to or posted
on Arkitectum.com. Without limiting the foregoing, Arkitectum.com shall
have the right to remove any material that Arkitectum.com, in its sole
discretion, finds to be in violation of the provisions hereof or otherwise
objectionable.
Indemnification
Subscriber agrees to defend, indemnify and hold harmless Arkitectum.com,
Arkitectum, Inc., its affiliates and their respective directors, officers,
employees and agents from and against all claims and expenses, including
attorneys' fees, arising out of the use of Arkitectum.com by Subscriber
or Subscriber's Account.
Rights of Termination
Without limiting the foregoing, Arkitectum.com shall have the right
to immediately terminate Subscriber's Account in the event of any conduct
by Subscriber which Arkitectum.com in its sole discretion, considers
to be unacceptable, or in the event of any breach by Subscriber of this
Agreement.
Miscellaneous
This Agreement and any operating rules for Arkitectum.com established
by Arkitectum.com constitute the entire agreement of the parties with
respect to the subject matter hereof, and supersede all previous written
or oral agreements between the parties with respect to such subject matter.
This Agreement shall be construed in accordance with the laws of the
State of California, without regard to its conflict of laws rules. No
waiver by either party of any breach or default hereunder shall be deemed
to be a waiver of any preceding or subsequent breach or default. The
section headings used herein are for convenience only and shall not be
given any legal import.
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