Terms and Agreements
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.
(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
(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.
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.
Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of Arkitectum.com.
(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.
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.
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.
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.