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Terms Of Service
Section I - Use of Site
Using any part of the www.arcanumcafe.com domain (the "web site") as managed by J. Lavigne (the "owner") indicates you accept and agree to be bound by this terms of service ("TOS") document and any additional guidelines/rules set forth elsewhere on this site as addendums without limitation. If you disagree to any part of these terms you are recommended to discontinue use of the site. Owner reserves all rights to modify and updated this agreement in part or whole at discretion. You agree to be bound by such changes and should occasionally check this and any other related documents for any updates.
Use of the web site grants you only the right to view the contents and download or print one copy of works for your personal, non-commercial use provided any accompanying copyright notifications remains intact and unaltered unless otherwise noted. Contents on this web site, unless otherwise noted, may not be sold, redistributed, modified, reproduced, publically performed, published or used in any other manner elsewhere without the expressed written permission of the owner or contents' respective owner. Violation of any part of this agreement or addendums may result in termination of any or all privileges on this web site and appropriate legal action if necessary by owner and/or any relevant third parties.
Section II - The Name
The Arcanum Cafe name is an exclusive servicemark of Joe Lavigne. You may not use the name Arcanum Cafe in any manner except for the purposes of reviewing or linking to the Arcanum Cafe website. You agree to not represent yourself as an official representative or staff member of this web site, unless specifically granted such designation by owner. Those designated as staff members are subject to this agreement and any others set forth by owner.
Section III - Content
Web site contents may not be suitable for all ages. By using this website you agree that you are of legal age, have acquired proper parental permission (if required) and the legal right as determine by any governing local, national or international laws to view all contents on this site. As with any internet use, we recommend parental guidance of minors, the withholding of vital personal information, and proper net etiquette at all times. If you object to the contents, which are not in violation of this agreement, your recourse is to suggest a change of policy via email to owner and/or discontinue use of this web site.
Web site contents may contain errors or inaccurate information. No guarantees are made as to the accuracy or reliability of provided information and services. AC is not responsible for any inconvenience or damage caused by use of this web site. Use of site is at your own risk. Site contents are subject to change and/or removal at any given time.
All contents on this web site are the copyrighted property of the Arcanum Cafe, J. Lavigne or the attributed and/or linked third parties. For the purpose of linking to this web site, you are granted limited use of graphics that are specifically stated for that purpose. You may not modify or redistribute these graphics in any manner without written permission of owner. Linking to any other images or non-webpage files stored on Arcanum Cafe's servers without prior permission is prohibited. Owner reserves the right to revoke any and/or all use of such graphics at its discretion.
Section IV - User Contributions
Submission of any materials by web site users ("contributor") to Arcanum Cafe via e-mail, messaging services, web interface or postal mail grants Arcanum Cafe the royalty-free, non-exclusive right to electronically publish, reproduce, or distribute the materials on this web site, amongst our staff as needed, or for promotions of this web site.
By submitting any materials to this web site or the administration, you guarantee that you in fact own the appropriate legal copyrights or applicable intellectual property rights. You agree to defend and indemnify owner of all legal action resulting from the posting or using of those materials. You may not post any materials unless: 1) the work is in the public domain; 2) you or the Arcanum Cafe own the necessary copyrights or intellectual property rights; 3) the usage clearly falls under the Fair Use clause of applicable copyright laws or agreements. Contributor or owner may revoke the use of contributions on this web site at either party's discretion without reason or qualification unless otherwise noted or a prior arrangement has been made. Owner reserves the right to revoke use of materials on this site without notification of contributor or reason. Contributor, by virtue of using our site, agrees to express the revocation of use via e-mail or written notification to owner, except when site software allows the contributor to delete contributions. Given the interactive nature of this web site, Arcanum Cafe and owner are not responsible for monitoring any user communications or contributions made via this site by users. Owner furthermore cannot confirm, endorse, vouch for or guarantee the accuracy, completeness or usefulness of any communications, and is not responsible for the contents of any such communications. You are prohibited from using any portion of this site in order to post, send or transmit any materials which are: chain letters; multilevel marketing; pyramid schemes; junk mail (spam); solicitations of unrelated commercial business; libelous or slanderous; personally abusive or threatening; invasive of a person's privacy; or otherwise violative of any applicable law as determined by owner/management or appropriate governing law. You are prohibited from posting, transmitting, or promoting of content intended to degrade or harass others on the basis of age, race, nationality, gender, sexual orientation, gender identity, or disability. The sexual harrassment of other members via this site is prohibited. In addition, you may not use this site to promote or encourage illegal activities, such as, but not limited to the malicious violence towards any specific person or entity; the abuse of illegal drugs or substances in any manner; pedophilia, etc. Materials that promote, glorify or depict either sexual or erotic themes as well as profanity or obscenity are prohibited except in areas established specifically for such content (i.e. Back Bar forum). Promotion of suicide, murder or self-harm are also prohibited except in areas established specifically to allow such (i.e. Back Bar forum). Direct inclusion of another website's graphics and/or files without prior permission from that site (also known as hotlinking and bandwidth theft) is prohibited. AC owner and/or staff will, upon discovery, delete any post or thread that is considered to be not in accordance with this agreement and take additional appropriate actions against any members violating the TOS or other addendums. Personal abuse or threatening of any Arcanum Cafe staff member, whether or not the communication is sent via Arcanum Cafe, its servers or not, while in the performance of their duties is prohibited and will not be tolerated. If for any reason you suspect or feel a staff member to be acting inappropriately in the performance of their duties or interactions via our site, then you should report this to the site owner or webmaster.
If you feel a user contribution and/or communication posted or transmitted through use of this web site is in violation of this agreement, you are encouraged to contact the administration or staff of this web site. All allegations and complaints may be investigated to the fullest extent available. Owner claims no responsibility or liability to undertake such investigations however. Owner at its discretion will take appropriate actions based on such investigations. We reserve the right to ban or discontinue access to this web site to any user found to have violated this agreement, relevant addendums or any governing law. We retain the right to remove any communication, user contribution or user at our sole discretion.
Section V - External Links
This web site does contain hyperlinks to and possible advertisements of other web sites. Regardless of the manner the link to another site is provided, inclusion does not imply owner endorsement or support of any particular website. Links are typically added for our visitors and contributors convenience. Reviews of other web sites may be provided but we do not in any way guarantee the accuracy of these reviews. Arcanum Cafe, Joe Lavigne and official representatives are not responsible in any way for the contents or actions of third party sites. Use of linked or advertised web sites is at your own risk.
Section VI - Privacy & User Information
Any information from your use of this web site collected by Arcanum Cafe directly will not be distributed to any outside entities with the exception of law enforcement due to legal action arising from your use of this site. Information may be distributed amongst official representatives, staff members or third party server staff of this web site or owner when deemed necessary however.
Certain areas of this site use cookies in order to customize those areas for your use. You have the right to disable these cookies at your discretion without notice to the administration. The collection of information by third party services (such as by not limited to advertising networks, outside content or service providers) utilized by this web site shall be governed by the third party and thus is not the responsibility of the Arcanum Cafe or owner.
For more details see our Privacy Policy
Section VII - Liability
Use of the Arcanum Cafe web site and domain name is at user's own risk and provided on an "as is" basis. Site and contents may be changed, altered or removed in part or entirely without any notification at all. Owner makes no warranties whatsoever.
Owner does not warrant that use of this web site or server(s) will be free of errors or viruses. We are not liable for any problems or damages (directly or indirectly), in any regard without limitation, incurred during use whether we are aware of any such problems or not. We are also not responsible or liable for contents provided by third party contributors. Arcanum Cafe and any associates or affiliates shall not be responsible or liable for any user actions conducted through this web site. You agree to defend, indemnify, and hold harmless the owner, the Arcanum Cafe, any and all staff or agents from any claims or actions, without limitation, incurred by your use of this web site. Your use shall also constitute that you hold owner, staff members or official representatives not responsible for any copyright or intellectual property right infringement by use of any of its user contributions or third party materials. Ownership of this web site is based in Albuquerque, New Mexico. By use of this web site, you agree that any legal actions, disputes or issues with owner will be the sole jurisdiction of the state of New Mexico and/or the United States District Court for the District of New Mexico (Albuquerque venue). You further waive any future right to disclaim such venue or forum as inappropriate, inaccurate or inconvenient.
Any part of this agreement being deemed invalid in any court of law with proper jurisdiction shall not affect the validity of any remaining part of this and/or subsequent agreement(s).
TOS policy last updated: February 20, 2005
Related pages & addendums: |
| Contact Us - Terms of Service - PRIVACY POLICY | |