Arturicast Terms and Conditions
On This Page:
- ACCEPTANCE OF TERMS
- DESCRIPTION OF SERVICES
- PERSONAL AND NON-COMMERCIAL USE LIMITATION
- PRIVACY AND PROTECTION OF PERSONAL INFORMATION
- NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE
- NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE
- NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB SITE
- MEMBER ACCOUNT, PASSWORD, AND SECURITY
- NO UNLAWFUL OR PROHIBITED USE
- USE OF SERVICES MATERIALS PROVIDED TO ARTURICAST OR POSTED AT ANY ARTURICAST WEB SITE
- NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
- LINKS TO THIRD PARTY SITES
- UNSOLICITED IDEA SUBMISSION POLICY
- TRADEMARKS
ACCEPTANCE OF TERMS
The services that Arturicast provides to you are subject to the following Terms
and Conditions. Arturicast reserves the right to update these at any time
without notice to you. The most current version hereof can be reviewed by
clicking on the "Terms and Conditions" hypertext link located in our Web pages.
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DESCRIPTION OF SERVICES
Through its network of Web properties, Arturicast provides you with access to a
variety of resources, including download areas, communication forums and product
information (collectively "Services"). The Services, including any updates,
enhancements, new features, and/or the addition of any new Web properties, are
subject to these Terms and Conditions.
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PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Services are for your personal and
non-commercial use. You may not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works from, transfer, or
sell any information, software, products or services obtained from the Services.
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PRIVACY AND PROTECTION OF PERSONAL INFORMATION
See the
Privacy Statement disclosures relating to the collection and use of your
information.
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NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE
Any software that is made available to download from the Services ("Software")
is the copyrighted work of Arturicast and/or its suppliers. Use of the Software
is governed by the terms of the end user license agreement, if any, which
accompanies or is included with the Software ("EULA"). An end user will be
unable to install any Software that is accompanied by or includes a EULA, unless
they first agree to the EULA terms.
The Software is made available for download solely for use by end users
according to the EULA. Any reproduction or redistribution of the Software not in
accordance with the EULA is expressly prohibited by law, and may result in
severe civil and criminal penalties. Violators will be prosecuted to the maximum
extent possible.
Without limiting the foregoing, copying or reproduction of the software to any
other server or location for further reproduction or redistribution is expressly
prohibited, unless such reproduction or redistribution is expressly permitted by
the EULA accompanying such software.
The software is warranted, if at all, only according to the terms of the EULA.
Except as warranted in the EULA, Arturicast hereby disclaims all warranties and
conditions with regard to the software, including all warranties and conditions
of merchantability, whether express, implied or statutory, fitness for a
particular purpose, title and non-infringement.
For your convenience, Arturicast may make available as part of the services or
in its software products, tools and utilities for use and/or download.
Arturicast does not make any assurances with regard to the accuracy of the
results or output that derives from such use of any such tools and utilities.
Please respect the intellectual property rights of others when using the tools
and utilities made available on the services or in Arturicast software products.
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NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE
Permission to use Documents (such as white papers, press releases, datasheets
and FAQs) from the Services is granted, provided that:
(1) the below copyright notice appears in all copies and that both the copyright
notice and this permission notice appear;
(2) use of such Documents from the Services is for informational and
non-commercial or personal use only and will not be copied or posted on any
network computer or broadcast in any media; and
(3) no modifications of any Documents are made.
Accredited educational institutions, such as universities, private/public
colleges, and state community colleges, may download and reproduce the Documents
for distribution in the classroom. Distribution outside the classroom requires
express written permission. Use for any other purpose is expressly prohibited by
law, and may result in severe civil and criminal penalties. Violators will be
prosecuted to the maximum extent possible.
Documents specified above do not include the design or layout of the
Arturicast.co.za Web site or any other Arturicast owned, operated, licensed or
controlled site. Elements of Arturicast Web sites are protected by trade dress,
trademark, unfair competition, and other laws and may not be copied or imitated
in whole or in part. No logo, graphic, sound or image from any Arturicast Web
site may be copied or retransmitted unless expressly permitted by Arturicast.
Arturicast and/or its respective suppliers make no
representations about the suitability of the information contained in the
documents and related graphics published as part of the services for any
purpose. All such documents and related graphics are provided "as is" without
warranty of any kind. Arturicast and/or its respective suppliers hereby disclaim
all warranties and conditions with regard to this information, including all
warranties and conditions of merchantability, whether express, implied or
statutory, fitness for a particular purpose, title and non-infringement. In no
event shall Arturicast and/or its respective suppliers be liable for any
special, indirect or consequential damages or any damages whatsoever resulting
from loss of use, data or profits, whether in an action of contract, negligence
or other tortious action, arising out of or in connection with the use or
performance of information available from the services.
The documents and related graphics published on the services could include
technical inaccuracies or typographical errors. Changes are periodically added
to the information herein. Arturicast and/or its respective suppliers may make
improvements and/or changes in the product(s) and/or the program(s) described
herein at any time.
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NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB SITE
In no event shall Arturicast and/or its respective suppliers be liable for any special,
indirect or consequential damages or any damages whatsoever resulting from loss
of use, data or profits, whether in an action of contract, negligence or other
tortious action, arising out of or in connection with the use or performance of
software, documents, provision of or failure to provide services, or information
available from the services.
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MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires you to open an account, you must complete the
registration process by providing us with current, complete and accurate
information as prompted by the applicable registration form. You also will
choose a password and a user name. You are entirely responsible for maintaining
the confidentiality of your password and account. Furthermore, you are entirely
responsible for any and all activities that may occur under your account. You
agree to notify Arturicast immediately of any unauthorized use of your account
or any other breach of security. Arturicast will not be liable for any loss that
you may incur as a result of someone else using your password or account, either
with or without your knowledge. However, you could be held liable for losses
incurred by Arturicast or another party due to someone else using your account
or password. You may not use anyone else's account at any time.
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NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Services, you will not use the Services for
any purpose that is unlawful or prohibited by these terms, conditions, and
notices. You may not use the Services in any manner that could damage, disable,
overburden, or impair any Arturicast server, or the network(s) connected to any
Arturicast server, or interfere with any other party's use and enjoyment of any
Services. You may not attempt to gain unauthorized access to any Services, other
accounts, computer systems or networks connected to any Arturicast server or to
any of the Services, through hacking, password mining or any other means. You
may not obtain or attempt to obtain any materials or information through any
means not intentionally made available through the Services.
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USE OF SERVICES
The Services may contain e-mail services, bulletin board services, chat areas,
news groups, forums, communities, personal web pages, calendars, photo albums,
file cabinets and/or other message or communication facilities designed to
enable you to communicate with others (each a "Communication Service" and
collectively "Communication Services"). You agree to use the Communication
Services only to post, send and receive messages and material that are proper
and, when applicable, related to the particular Communication Service. By way of
example, and not as a limitation, you agree that when using the Communication
Services, you will not:
•Use the Communication Services in connection with surveys, contests, pyramid
schemes, chain letters, junk email, spamming or any duplicative or unsolicited
messages (commercial or otherwise).
•Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
•Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, obscene, indecent or unlawful topic, name, material or information.
•Upload, or otherwise make available, files that contain images, photographs,
software or other material protected by intellectual property laws, including,
by way of example, and not as limitation, copyright or trademark laws (or by
rights of privacy or publicity) unless you own or control the rights thereto or
have received all necessary consent to do the same.
•Use any material or information, including images or photographs, which are
made available through the Services in any manner that infringes any copyright,
trademark, patent, trade secret, or other proprietary right of any party.
•Upload files that contain viruses, Trojan horses, worms, time bombs,
cancelbots, corrupted files, or any other similar software or programs that may
damage the operation of another's computer or property of another.
•Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Services specifically allows such messages.
•Download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally reproduced, displayed,
performed, and/or distributed in such manner.
•Falsify or delete any copyright management information, such as author
attributions, legal or other proper notices or proprietary designations or
labels of the origin or source of software or other material contained in a file
that is uploaded.
•Restrict or inhibit any other user from using and enjoying the Communication
Services.
•Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
•Harvest or otherwise collect information about others, including e-mail
addresses.
•Violate any applicable laws or regulations.
•Create a false identity for the purpose of misleading others.
•Use, download or otherwise copy, or provide (whether or not for a fee) to a
person or entity any directory of users of the Services or other user or usage
information or any portion thereof.
Arturicast has no obligation to monitor the Communication Services. However,
Arturicast reserves the right to review materials posted to the Communication
Services and to remove any materials in its sole discretion. Arturicast reserves
the right to terminate your access to any or all of the Communication Services
at any time, without notice, for any reason whatsoever.
Arturicast reserves the right at all times to disclose any information as
Arturicast deems necessary to satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in Arturicast's sole discretion.
Always use caution when giving out any personally identifiable information about
yourself or your children in any Communication Services. Arturicast does not
control or endorse the content, messages or information found in any
Communication Services and, therefore, Arturicast specifically disclaims any
liability with regard to the Communication Services and any actions resulting
from your participation in any Communication Services. Managers and hosts are
not authorised Arturicast spokespersons, and their views do not necessarily
reflect those of Arturicast.
Materials uploaded to the Communication Services may be subject to posted
limitations on usage, reproduction and/or dissemination; you are responsible for
adhering to such limitations if you download the materials.
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MATERIALS PROVIDED TO ARTURICAST OR POSTED AT ANY ARTURICAST WEB SITE
Arturicast does not claim ownership of the materials you provide to Arturicast
(including feedback and suggestions) or post, upload, input or submit to any
Services or its associated services for review by the general public, or by the
members of any public or private community, (each a "Submission" and
collectively "Submissions"). However, by posting, uploading, inputting,
providing or submitting ("Posting") your Submission you are granting Arturicast,
its affiliated companies and necessary sublicensees permission to use your
Submission in connection with the operation of their Internet businesses
(including, without limitation, all Arturicast Services), including, without
limitation, the license rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat your Submission; to
publish your name in connection with your Submission; and the right to
sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of your Submission, as
provided herein. Arturicast is under no obligation to post or use any Submission
you may provide and Arturicast may remove any Submission at any time in its sole
discretion.
By Posting a Submission you warrant and represent that you own or otherwise
control all of the rights to your Submission as described in these Terms
and Conditions including, without limitation, all the
rights necessary for you to provide, post, upload, input or submit the
Submissions.
In addition to the warranty and representation set forth above, by posting a submission that
contain images, photographs, pictures or that are otherwise graphical in whole
or in part ("Images"), you warrant and represent that:
((a) you are the copyright owner of such Images, or that the copyright owner of
such Images has granted you permission to use such Images or any content and/or
images contained in such Images consistent with the manner and purpose of your
use and as otherwise permitted by the Terms and Conditions of the Services;
(b) you have the rights necessary to grant the licenses and sublicenses
described in these Terms and Conditions; and
(c) that each person depicted in such Images, if any, has provided consent to
the use of the Images as set forth in these Terms and Conditions, including, by
way of example, and not as a limitation, the distribution, public display and
reproduction of such Images. By Posting Images, you are granting:
(i) to all members of your private community (for each such Images available to
members of such private community); and/or
(i(ii) to the general public (for each such Images available anywhere on the
Services, other than a private community);
permission to use your Images in connection with the use, as permitted by these
Terms and Conditions, of any of the Services, (including, by way of example, and
not as a limitation, making prints and gift items which include such Images),
and including, without limitation, a non-exclusive, world-wide, royalty-free
license to: copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your Images without having your name
attached to such Images, and the right to sublicense such rights to any supplier
of the Services. The licenses granted in the preceding sentences for a Images
will terminate at the time you completely remove such Images from the Services,
provided that, such termination shall not affect any licenses granted in
connection with such Images prior to the time you completely remove such Images.
No compensation will be paid with respect to the use of your Images.
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NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Notifications of claimed copyright infringement should be sent to our Service
Provider's Designated Agent. ALL ENQUIRIES NOT
RELEVANT TO THE PROCEDURE WILL NOT RECEIVE A RESPONSE.
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LINKS TO THIRD PARTY SITES
The links in this area will let you leave Arturicast's site. The linked sites
are not under the control of Arturicast and Arturicast is not responsible for
the contents of any linked site or any link contained in a linked site, or any
changes or updates to such sites. Arturicast is not responsible for webcasting
or any other form of transmission received from any linked site.
Arturicast is providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by Arturicast of the site.
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UNSOLICITED IDEA SUBMISSION POLICY
Arturicast or any of its employees do not accept or consider unsolicited ideas, including
ideas for new advertising campaigns, new promotions, new products or
technologies, processes, materials, marketing plans or new product names. Please
do not send any original creative artwork, samples, demos, or other works. The
sole purpose of this policy is to avoid potential misunderstandings or disputes
when Arturicast's products or marketing strategies might seem similar to ideas
submitted to Arturicast.
So, please do not send your unsolicited ideas to Arturicast or anyone at
Arturicast.
If, despite our request that you not send us your ideas and materials, you still
send them, please understand that Arturicast makes no assurances that your ideas
and materials will be treated as confidential or proprietary
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TRADEMARKS
Any rights not expressly granted herein are reserved.
