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| Arrow Productions Terms of Service / Refund Policy | |
| TERMS APPLICABLE TO ALL OF ARROW PRODUCTIONS WEB SERVICES | |
| These Arrow Productions Web Services Terms of Service comprise a legal agreement between You and Arrow Productions and governs Your use of Arrow Productions Web Services. BY SUBSCRIBING TO AN ARROW PRODUCTIONS WEB SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THESE TERMS OF SERVICE AND THE ADDITIONAL TERMS, AS MODIFIED FROM TIME TO TIME. If you do not agree to these Terms of Service and the Additional Terms do not subscribe to or use the Arrow Productions Web Services. Arrow Productions Web Services is made up of Web sites, Web pages, and Web hosting operated by Arrow Productions (Arrow Productions) and its affiliates and of various products and services that are provided by Arrow Productions, its affiliates or third party service providers. These Web sites, Web pages, design services, and services will be collectively referred to in this Agreement as " Arrow Productions Web Services." "You" means You, Your Company, Your employees, and anyone who has access to use Your Arrow Productions Web Services account. You must be at least eighteen (18) years of age to subscribe to and use any Arrow Productions Web Services service or product. The general provisions of these Terms of Service apply to Arrow Productions Web Services hosting services Arrow Productions (Web Services Network) and to all of the products and services provided through the Arrow Productions Web Services Network. Each applicable Arrow Productions Web Services Web site, product or service may have other posted guidelines or rules (the "Additional Terms"). All such Additional Terms are incorporated by reference into these Terms of Service. The Arrow Productions Web Services and Arrow Productions Web Services Network are offered to You on the condition that You accept these Terms of Service and the Additional Terms without modification. You agree to familiarize Yourself with, and to regularly review, the Terms of Service, the Additional Terms, and other terms and guidelines found throughout the Arrow Productions Web Services Network and abide by them if You choose to use the sites, or accept the products, services or benefits, to which such terms apply. You accept and agree to be bound by these Terms of Service and the Additional Terms by signing where it says "I ACCEPT" on the printed Arrow Productions Order Form or by clicking on the icon labeled "I ACCEPT" on the Arrow Productions on-line order page. If you do not accept all of these terms your website will be cancelled and you will not be charged. Arrow Productions reserves the right to change any of the Terms of Service and any Additional Terms at anytime without notice. If You continue to use the Arrow Productions Web Services Network after any such changes, Your continued use will constitute Your consent to such changes. Arrow Productions does not and will not assume any obligation to notify You of any changes to the Terms of Service or Additional Terms. Any rights not expressly granted herein are reserved by Arrow Productions. In addition, Your registration information and other information about You is subject to our Privacy Statement located at http://www.arrowproduction.com/terms.htm. If You do not have print capability or otherwise desire to obtain a hard copy of these Terms of Service, please visit the Arrow Productions Web site, go to http://www.arrowproduction.com/contact.htm and send an email requesting a hard copy. YOUR WARRANTIES By subscribing to any service offered on the Arrow Productions Web Services site, You make the following representations and warranties. Arrow Productions shall have the right to terminate your Arrow Productions Web Services account, without notice at any time, if any representation warranty made by You proves to be untrue in any respect. You represent and warrant that: You and all users of the Arrow Productions Web Services Network approved by you are at least eighteen (18) years of age; You have the legal capacity and authority to; (a) enter into binding contracts for the sale and purchase of goods and services, (b) be bound by these Terms of Service and the Additional Terms, © to subscribe to and use the Arrow Productions Web Services service, including, where applicable, the buying, selling and listing of items, in accordance with these Terms of Service and any Additional Terms and (d) if you are acting in a corporate capacity, to bind Your company; You will not use the Arrow Productions Web Services Network for any purpose that is unlawful, or prohibited by these Terms of Service or the Additional Terms (as may be modified from time to time); All information supplied by You or by others using Your account is true and accurate, including information submitted as part of the registration and subscription process; Any products or services advertised, sold or otherwise distributed by You on or in connection with Your Web Site are legal for sale or distribution; that you have all licenses necessary to sell or advertise the goods or services offered for sale or distribution and that all sales and advertisements will be in compliance with applicable law; and You have and control all of the intellectual property, proprietary and similar rights necessary for all material located on Your Web Site, all submissions, and all products and services sold or otherwise distributed by You or on Your behalf via Your Web Site. By using the Arrow Productions Web Services Network, You agree that You will defend and indemnify Arrow Productions and its suppliers from any third party claim related to a breach of any of the foregoing warranties. LIMITATIONS ON YOUR USE OF THE ARROW PRODUCTIONS WEB SERVICES NETWORK The Arrow Productions Web Services Network is provided to assist You with the operation of Your business. Your right to use the Arrow Productions Web Services Network is limited to You, and Your company and its employees. You are solely responsible for Your content and Your Web site and your Arrow Productions Web Services account. Arrow Productions reserves the right, but is not obligated, to monitor or to review materials posted on Your Web site and to monitor your compliance with these Terms of Service and the Additional Terms. Arrow Productions reserves the right in its sole discretion to edit, refuse to post or remove any information or materials which violate these Terms of Service or the Additional Terms in whole or in part, without notice at any time. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from the Arrow Productions Web Services Network, except as expressly provided herein. You may not use a name in connection with operating Your Arrow Productions Web Services Web site that is confusing or misleading to participants, or otherwise impersonate or deceive participants with respect to Your identity. You may not restrict or inhibit any other user from using and enjoying such user's rights in Arrow Productions Web Services. You may not interfere with or disrupt the Arrow Productions Web Services Network or servers or any network connected to Arrow Productions Web Services. You may not use the Arrow Productions Web Services Network or the products or services provided through or in connection with the Arrow Productions Web Services Network to: rent, lease, license, grant a security interest in, or otherwise transfer or sublicense Your rights hereunder to any third party; defame, libel, slander, impersonate, abuse, harass, threaten, invade the privacy of or otherwise violate or infringe the legal rights (including the rights of privacy and publicity) of any other person; conduct, promote or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, promotional materials, unsolicited e-mail ( including "spamming") or multi-level or illegal marketing campaigns; harm minors in any way; publish, post, distribute, disseminate, advertise or link to any: (i) content, site, topic, name, material or information which is inappropriate, profane, defamatory, libelous, slanderous, infringing, obscene, indecent, or which contains nudity or adult content; (ii) software, content or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless You own, or control such rights or have received all necessary consents for Your publication, distribution, or linking of such software and other materials; (iii) software, content or other material that contains viruses, worms, corrupted files, cracks or that may or are intended to damage the operation of or render inoperable another's computer, hardware, software, security measures or system or other programs written to defeat the security measures of any computer, system or programs; (iv) software, content, other material or Web site that constitutes "hate speech", whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group; sell, offer to sell, distribute, promote, facilitate, disseminate or link to any sites for marketing, sales, promotion, facilitation or distribution of: firearms; explosives; ammunition; liquor; tobacco products; illegal gambling (including gambling in connection with sporting events); food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants; illicit drugs, pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; any goods or services that infringe or otherwise violate a third party's rights including copyright, patent, trademark, or rights of publicity or privacy; goods that are considered indecent, obscene or pornographic; Nazi memorabilia; registered or unregistered securities; goods or services that You cannot legally sell; goods which are misrepresented or which do not in fact exist; fraudulent goods; goods or activities that if sold via any Arrow Productions Web Services or Your Web site would cause Arrow Productions to violate any law, statute or regulation; or any other illegal activity; harvest or otherwise collect information about third parties, including e-mail addresses, without the express consent of such third parties; violate any applicable government laws or regulations. You may not reproduce or redistribute any Software, as that term is defined in the Section entitled "Software Available on the Arrow Productions Web Services Network." You may not copy or reproduce the Software to any other server or location for further reproduction or redistribution. You may not de-compile, disassemble, reverse engineer or otherwise attempt to discover any trade secret contained in the Arrow Productions Web Services Network, or in any product, service or Software provided through the Web Services Network. The information provided by Arrow Productions to You may be proprietary in nature. You agree not to share any information provided to You by or on behalf of Arrow Productions with any third party. FEES [Top] Some products and services available through or in connection with Arrow
Productions Web Services require that You purchase a subscription or otherwise
pay a fee. You hereby authorize Arrow Productions to charge Your credit
card in advance for all applicable fees incurred by You or on Your behalf
in connection with Your use of the Arrow Productions Web Services product
or service You have chosen to use. You are solely responsible for all
charges, fees, duties, taxes, and assessments arising out of any use of
Your Arrow Productions Web Services account by you or anyone else using
your account. Arrow Productions reserves the right to modify the fees
charged for Arrow Productions Web Services products and services from
time to time, provided that such new fees shall not take effect earlier
than thirty (30) days after Arrow Productions posts such modified fees
on the Arrow Productions Web Services Web site. Amounts not paid by You
to Arrow Productions when due may bear interest at the lesser of (a) one
and one-half percent (1.5%) per month, and (b) the maximum rate permitted
by applicable law. In the event that Arrow Productions terminates Your Arrow Productions Web Services account or one or more of Your Web Services for Arrow Productions violation of these Terms of Service or the Additional Terms, You will not be entitled to the return of any fees paid with respect to any such terminated account service. CANCELLATION POLICY [Top] You acknowledge that if You cancel any subscriptions to a Arrow Productions Web Services service that You may be entitled to a refund of all or part of amounts already paid by You for such Arrow Productions Web Services subscription within 30 days upon cancellation. You agree that (a) Arrow Productions Web Services cancellation policy will be posted on the Arrow Productions Web Services Web site and may be changed from time to time by Arrow Productions Web Services in its sole discretion and (b) the cancellation policy posted at the time you cancel your subscription shall govern the amount of the refund (if any) due to you. CHANGES TO SERVICES, TERMINATION BY ARROW PRODUCTIONS WEB SERVICES Arrow Productions may change any of the Arrow Productions Web Services at any time and from time to time without notice, including terminating the offering of any Arrow Productions Web Services service altogether. Arrow Productions may terminate Your account, Your access to Arrow Productions Web Services or any of Your Arrow Productions Web Services (in whole or in part) at any time, with or without cause, and with or without notice. You may be barred from accessing any of Your Arrow Productions Web Services or from using the Arrow Productions Web Services Network or from receiving any products, services or benefits from Arrow Productions Web Services, if Arrow Productions determines You have violated these Terms of Service or any Additional Terms, if You have failed to remit any applicable subscription fees when due, if any representation or warranty made by You is untrue in any respect or if Arrow Productions receives a court order or other legal action relating to Your account. In addition, if You violate any of these Terms of Service, or any applicable Additional Terms You will forfeit all in-kind credits and any other amounts accruing to You (if any) in connection with the Arrow Productions Web Services Network and there will be no refund of any fees prepaid by You. If You subscribe to a Arrow Productions Web Services service which is made up of two or more individual services and You violate the Terms of Service applicable to one of such individual services, (1) your use of the particular individual service will be terminated, but the remaining services will remain active and (2) there will be no refund (in whole or in part) of Your annual fee for the Arrow Productions Web Services service terminated. You will be responsible for all fees incurred during Your subscription and payment of such fees shall be due immediately upon termination of Your subscription. LINKS TO THIRD PARTY SITES Links within the Arrow Productions Web Services Network may let You leave the Arrow Productions Web Services Network. You acknowledge that the linked sites are not under the control of Arrow Productions and that Arrow Productions is not responsible for the contents or operation of such linked sites or any link contained in such linked site, any changes or updates to such sites, or Web casting or any other form of transmission received from any linked site. Arrow Productions is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Arrow Productions of the linked site or any association with their operators. LICENSE YOU GRANT TO ARROW PRODUCTIONS WEB SERVICES [Top] Arrow Productions does not claim ownership of the materials You provide to Arrow Productions (including feedback and suggestions) or that You post, upload, input or submit in connection with Your use of Arrow Productions Web Services or any Web site ("Your Web Site") created by You or on Your behalf in connection with the use of Arrow Productions Web Services (collectively "Submissions"). However, You grant Arrow Productions a royalty-free license to use (including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, sublicense and reformat Your Submission, and to publish Your name in connection with Your Submission) Your Submission only in connection with the operation and promotion of Arrow Productions Web Services. You also grant Arrow Productions the right to publish Your name in connection with any such use. No compensation will be paid or due You with respect to Arrow Productions’ or its sub-licensee's use of the materials as licensed above. Arrow Productions is under no obligation to post or use any materials You may provide, and may remove such materials at any time in Arrow Productions' sole discretion. By posting messages, uploading files (including graphics), inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through the Arrow Productions Web Services Network, You represent and warrant that You own or otherwise control the rights necessary to do so and to grant Arrow Productions the license set forth above, and You will defend and indemnify Arrow Productions and its suppliers from any third party claim related to a breach of any of the foregoing representations or warranties. You grant Arrow Productions permission to use screen shots of any Web page that contains a link to Arrow Productions Web Services or Arrow Productions Web Services HTML code (with respect to the Arrow Productions Web Services Banner Network) in Arrow Productions Web Services promotional materials, and represent and warrant that You have sufficient authority to grant the foregoing rights. SOFTWARE AVAILABLE ON THE ARROW PRODUCTIONS WEB SERVICES NETWORK Software (if any) that is made available to download from or otherwise use through the Arrow Productions Web Services Network, excluding software that may be made available by third parties via Arrow Productions Web Services, ("Software") is the copyrighted work of Arrow Productions and/or its suppliers. Your use of the Software is governed by these Terms of Service, and the applicable Additional Terms, and the terms of the end user license agreement (EULA), if any, which accompanies or is included with the Software ("License Agreement"). To the extent that the License Agreement conflicts with the Terms of Service or Additional Terms, the terms of the License Agreement shall govern Your use of the Software. You may not install or use any Software that is accompanied by or includes a License Agreement unless You first agree to the License Agreement. For any Software not accompanied by a license agreement, Arrow Productions hereby grants to You, the user, a personal, non-exclusive, non-transferable license to use the Software for viewing and otherwise using the particular Arrow Productions Web Services Web Site or Arrow Productions Web Services service in accordance with the License Agreement, the Terms of Service and Additional Terms and for no other purpose. In addition, You shall keep intact all and may not alter any copyright and other proprietary notices contained in such Software. All Software is owned by Arrow Productions and/or its suppliers, and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Persons violating the foregoing, or who otherwise misappropriate any intellectual property or proprietary rights related to the Software may be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. YOU MAY NOT DECOMPILE, DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY TRADE SECRET CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions. All software downloaded or otherwise obtained by the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable. DISCLAIMERS AND LIMITATIONS OF LIABILITY [Top] The information, software, products, services and other material included in or available through the Arrow Productions Web Services Network may not be complete, and may include inaccuracies or errors, and may also be modified, discontinued or deleted from time to time without notice. Advice, information, products, services or other materials received via the Arrow Productions Web Services Network should not be relied upon for personal, medical, legal, business, financial or other decisions and is not intended to replace the advice of appropriate and qualified professionals. You acknowledge that You should consult an appropriate professional for specific advice tailored to Your situation. Your access to and use of the Arrow Productions Web Services Network,
and products and services of Arrow Productions Web Services, is at Your
own risk. Arrow Productions makes no guarantees of any kind regarding
the dependability, accuracy, security, timeliness or availability of the
Arrow Productions Web Services Network, or such products or services.
Without limiting the foregoing, NEITHER ARROW PRODUCTIONS NOR ITS RESPECTIVE
SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION,
SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS,
OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS
CONTAINED IN ARROW PRODUCTIONS WEB SERVICES FOR ANY PURPOSE. ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND. ARROW PRODUCTIONS AND ITS RESPECTIVE
SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS,
EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. DAMAGES FOR LOSS OF USE, DATA, ACCOUNTS, REVENUES OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF ARROW PRODUCTIONS WEB SERVICES OR RELATED SERVICES, OR WITH THE DELAY OR INABILITY TO USE ARROW PRODUCTIONS WEB SERVICES OR RELATED SERVICES; THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH ARROW PRODUCTIONS WEB SERVICES; OR OTHERWISE ARISING OUT OF THE USE OF ARROW PRODUCTIONS WEB SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ARROW PRODUCTIONS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF ARROW PRODUCTIONS WEB SERVICES, OR WITH ANY OF THESE TERMS OF SERVICE OR THE ADDITIONAL TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ARROW PRODUCTIONS WEB SERVICES NETWORK AND ITS RELATED SERVICES AND PRODUCTS. Without limiting the foregoing, Arrow Productions is not responsible for any of Your data residing on Arrow Productions and Arrow Productions Web Services Network hardware or systems, including such hardware or systems provided to Arrow Productions by third parties. You are responsible for maintaining and backing-up Your data and information that may reside on the Arrow Productions or Arrow Productions Web Services hardware or systems, including such hardware or systems provided to Arrow Productions by third parties, whether or not such information is produced through the use of Arrow Productions Web Services, including any information regarding the operation or use of Your Web site, catalogs, lists, order records, and other information You are providing or using in connection with Your use of the Arrow Productions Web Services Network. It is Your responsibility to take the necessary steps to ensure Your primary means of business is maintained. Arrow Productions will not be liable for any damage, loss or disclosure of data, accounts, revenue or business arising out of or otherwise related to: (a) Your use of the Arrow Productions Web Services Network, its services or products; (b) Your customers' use of Your Web site hosted by or created through Arrow Productions Web Services and Your products and services; © use of the Arrow Productions Web Services Network by any other party to whom You have given access to Your company information for use of the Arrow Productions Web Services Network; (d) errors, bugs or other defects in the Arrow Productions Web Services Network; (e) lost company, customer or vendor information (e.g., billing information, credit card numbers, lost orders, etc.); (f) illegal or criminal activities, including but not limited to reliance on any information obtained on the Arrow Productions Web Services Web Hosting service; or (g) or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Arrow Productions’ records, programs or services. You are solely responsible for maintaining and backing-up any information regarding the operation or use of Your Web site, catalogs, lists, order records, and other information You are providing or using in connection with Your use of the Arrow Productions Web Services Network. Arrow Productions is not liable for Your actions with Your customers or vendors, or the use of their information, or for any other actions arising from Your use, or the use of other parties to whom You have given access to Your Arrow Productions Web Services information, through the use of the Arrow Productions Web Services Network. Arrow Productions is not involved in any transaction between You and Your buyer or seller or other third parties with whom you may have transactions through Your Web site or between You and any user of any products or services offered or provided by You or by a third party through the Arrow Productions Web Services Network. Arrow Productions is not responsible for screening, censoring or otherwise controlling Your Web Site, or any listings or transactions offered or conducted via Your Web Site. You are deemed to have a direct commercial relationship with each third party that purchases goods or services from or undertakes any other transaction with You via Your Web site or through Arrow Productions Web Services. Arrow Productions is not acting as Your or any third party's agent in connection with the operation of Arrow Productions Web Services. You are solely responsible for: (a) processing customer orders or other transactions; (b) verifying the validity of incoming customer orders before finalizing the order; (c) informing customers of the status of such orders or transactions; (d) providing all customer support related to such orders or transactions (e.g., lost orders, billing disputes, payments, etc.); and, (e) determining, collecting and remitting to the appropriate authority all taxes (if any) arising from or related to such orders or transactions. Further, because Arrow Productions is not involved in any orders or other transactions between You and other users of Arrow Productions Web Services or other marketplace forums, Arrow Productions cannot and will not be involved in resolving any disputes relating to any completed or uncompleted transactions or the purchase or sale of listed goods or otherwise. Unless otherwise expressly stated in these Terms of Service, Your payments for orders or transactions conducted via Your Web Site or on any Arrow Productions Web Services service will be paid to You directly from Your designated acquiring bank, customers or other appropriate source ("payor"). Arrow Productions is not responsible for such payment, and will have no liability for any lost, disputed or fraudulent payment or tenders of payment, or other disputes arising between You and customers or payors. Arrow Productions makes no guarantee about the reliability or accuracy of these products or services, or the results obtained from using Arrow Productions Web Services. INDEMNITY [Top] You agree to defend, indemnify and hold Arrow Productions and its suppliers harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from Your violation of these Terms of Service (including, without limitation, violation of applicable Additional Terms), or any third-party's rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of Your relationship with Arrow Productions or Your use of Arrow Productions Web Services. ACCESS RESTRICTION; ACCOUNT SECURITY AND PASSWORDS Arrow Productions reserves the right to deny in its sole discretion any user access to Arrow Productions Web Services or any portion thereof without notice. You are responsible for safeguarding the confidentiality of Your account information (including password(s) and user name(s) issued to You) and for any use or misuse of Your account or the Arrow Productions Web Services Network resulting from any third party using a password or user name issued to You. You agree to notify Arrow Productions immediately of any known or suspected unauthorized access to or use of Your account, Your password, the password of any individual user to whom You have issued a login ID or any other breach of security or misuse of the Arrow Productions Web Services Network known to or suspected by You. You may change Your password at any time by following instructions on the Arrow Productions Web Services Web site. You hereby authorize Arrow Productions to rely on any data, notice, instruction or request furnished by You to Arrow Productions, or that Arrow Productions reasonably believes to have been furnished by You. You are solely responsible for maintaining the confidentiality of Your account information and monitoring usage of Your account. Arrow Productions is not responsible for fraud of participants or of other users of your account. YOUR CUSTOMER DATA [Top] Arrow Productions Web Services will not use Your customer data or Your customer contact list for any purposes other than those intended by the Arrow Productions Web Services Network. Your customer information will not be shared with any other parties, unless you are also subscribing to a Arrow Productions Web Services service where one of the features of such service is the sharing of customer information between the services. Arrow Productions Web Services will not use Your customer information for the purpose of sending unsolicited commercial e-mail to such customers. GENERAL [Top] These Terms of Service and the Additional Terms are governed by the laws of the State of Texas, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Denton County, Texas, U.S.A. in all disputes arising out of or relating to the use of the Arrow Productions Web Services or the Arrow Productions Web Services Network. Use of the Arrow Productions Web Services Network is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Service, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between You and Arrow Productions as a result of these Terms or Service or use of Arrow Productions Web Services. Arrow Productions’ performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Service are in derogation of Arrow Productions’ right to comply with governmental, court and law enforcement requests or requirements relating to Your use of the Arrow Productions Web Services Network or information provided to or gathered by Arrow Productions with respect to such use. If any part of these Terms of Service or the Additional Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service and the Additional Terms shall continue in effect. Unless otherwise specified herein, these Terms of Service, the Additional Terms and the Privacy Statement constitute the entire agreement between the user and Arrow Productions with respect to the Arrow Productions Web Services Network and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Arrow Productions with respect to the Arrow Productions Web Services Network. A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The example companies, organizations, products, people and events depicted within Arrow Productions Web Services are fictitious. No association with any real company, organizations, product, person or event is intended or should be inferred. Arrow Productions is not obligated to monitor the content on Arrow Productions Web Services. Arrow Productions reserves the right to disclose any information, content, or materials as necessary to satisfy any applicable law, regulation, legal process or government request or in accordance with Arrow Productions’ Privacy Statement located at http://www.arrowproduction.com/privacy.htm. Arrow Productions reserves the right to edit, refuse to post or to remove any information, content, or materials, in whole or in part, from the Arrow Productions Web Services Web sites, in Arrow Productions’ sole discretion, without notice at any time. Any rights not expressly granted herein are reserved by Arrow Productions, including all legal and equitable remedies available to Arrow Productions or violation of any of these Terms of Service. COPYRIGHT AND TRADEMARK NOTICES All contents of the Arrow Productions Web Services Network are: Copyright © 2003 Arrow Productions, and/or its suppliers, c/o Arrow Productions, P.O. Box 111046, Carrollton, Texas 75011-1046, U.S.A. All rights reserved. TRADEMARKS [Top] Arrow Productions Web Services is either a trademark or registered trademark of Arrow Productions. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved by Arrow Productions. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. To see Arrow Productions Notice and Procedure for Making Claims of Copyright Infringement, contact Arrow Productions at support@arrowproduction.com. CLICK HERE FOR INFORMATION REGARDING THE ARROW PRODUCTIONS WEB SERVICES PRIVACY STATEMENT SERVICE CONTACT [Top] If You need to contact Arrow Productions regarding the Arrow Productions Web Services Network, please send e-mail via our Contact Us form at http://www.arrowproduction.com/contact.htm. Arrow Productions Acceptable Use Policy [Top] As a provider of web site hosting and other Internet-related services, ARROW PRODUCTIONS offers its customers the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. ARROW PRODUCTIONS respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, ARROW PRODUCTIONS reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, ARROW PRODUCTIONS has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing ARROW PRODUCTIONS’ services. This AUP will be revised from time to time. A customer's use of ARROW PRODUCTIONS’ services after changes to the AUP are posted on ARROW PRODUCTIONS’ web site, www.arrowproduction.com, will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes. One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When customers obtain information through the Internet, they must keep in mind that ARROW PRODUCTIONS cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that customers may acquire. For this reason, the customer must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because ARROW PRODUCTIONS cannot monitor or censor the Internet, and will not attempt to do so, ARROW PRODUCTIONS cannot accept any responsibility for injury to its customers that results from inaccurate, unsuitable, offensive, or illegal Internet communications. When customers disseminate information through the Internet, they also must keep in mind that ARROW PRODUCTIONS does not review, edit, censor, or take responsibility for any information its customers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over ARROW PRODUCTIONS’ network and may reach a large number of people, including both customers and non-customers of ARROW PRODUCTIONS, customers' postings to the Internet may affect other customers and may harm ARROW PRODUCTIONS’ goodwill, business reputation, and operations. For these reasons, customers violate ARROW PRODUCTIONS’ policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities: Spamming -- Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward ARROW PRODUCTIONS, but also because it can overload ARROW PRODUCTIONS network and disrupt service to ARROW PRODUCTIONS customers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, ARROW PRODUCTIONS has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list. Intellectual Property Violations -- Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. ARROW PRODUCTIONS is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also ARROW PRODUCTIONS’ policy to terminate the privileges of customers who commit repeat violations of copyright laws. Obscene Speech or Materials -- Using ARROW PRODUCTIONS’ network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. ARROW PRODUCTIONS is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through ARROW PRODUCTIONS’ network. Defamatory or Abusive Language -- Using ARROW PRODUCTIONS’
network as a means to transmit or post defamatory, harassing, abusive,
or threatening language. Illegal or Unauthorized Access to Other Computers or Networks -- Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity). Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities -- Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail-bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment. Facilitating a Violation of this AUP -- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail-bombing, denial of service attacks, and piracy of software. Export Control Violations -- Exporting encryption software over the Internet or otherwise, to points outside the United States. Other Illegal Activities -- Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software. Other Activities -- Engaging in activities, whether
lawful or unlawful, that ARROW PRODUCTIONS determines to be harmful to
its customers, operations, reputation, goodwill, or customer relations.
ARROW PRODUCTIONS also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, ARROW PRODUCTIONS urges its customers to assume that all of their on-line communications are insecure. ARROW PRODUCTIONS cannot take any responsibility for the security of information transmitted over ARROW PRODUCTIONS’ facilities. ARROW PRODUCTIONS will not intentionally monitor private electronic mail messages sent or received by its customers unless required to do so by law, governmental authority, or when public safety is at stake. ARROW PRODUCTIONS may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, ARROW PRODUCTIONS may disclose information, including but not limited to, information concerning a customer, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. ARROW PRODUCTIONS assumes no obligation to inform the customer that customer information has been provided and in some cases may be prohibited by law from giving such notice. Finally, ARROW PRODUCTIONS may disclose customer information or information transmitted over its network where necessary to protect ARROW PRODUCTIONS and others from harm, or where such disclosure is necessary to the proper operation of the system. Privacy Policy [Top] Our customers’ privacy is important to us. Arrow Productions respects your privacy. We do not sell, rent, loan or transfer any personal information to any unrelated third parties. Any personal information you share with us is held with the utmost care and security. We are compliant with the Can-Spam Act of 2003 and do not engage in Spamming -- Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward ARROW PRODUCTIONS, but also because it can overload ARROW PRODUCTIONS network and disrupt service to ARROW PRODUCTIONS customers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, ARROW PRODUCTIONS has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list. Because we may gather certain types of information about our customers, we want our customers to understand the terms and conditions surrounding the capture and use of that information. This privacy statement discloses what information we gather, how we use it, and how to correct or change it. ARROW PRODUCTIONS’ policies and procedures for handling customer information have been created with the understanding that Internet technologies are still evolving and that Internet business methods are continuing to evolve to meet the needs and opportunities of the changing technologies. As a result, ARROW PRODUCTIONS’ policies and procedures are subject to change. In the course of serving its customers, ARROW PRODUCTIONS acquires stores and transmits customer communications and information that customers may regard as private or sensitive. Some of this information - such as the customer's name, address, telephone number, and credit card data - is provided to ARROW PRODUCTIONS by its customers in order to establish service. Other information - such as the customer's account status, choice of services, and customer logs - is created and maintained by ARROW PRODUCTIONS in the normal course of providing service. ARROW PRODUCTIONS also uses cookies, which are small pieces of information that a web site can store in a designated file on a user's computer for various reasons. In addition, ARROW PRODUCTIONS may store customers' electronic mail and other communications as a necessary incident to the transmission and delivery of those communications. Data Security [Top] ARROW PRODUCTIONS will protect the confidentiality of its customers' information, account information and personal communications to the fullest extent possible and consistent with the law and the legitimate interests of, ARROW PRODUCTIONS its partners, its employees and other customers of ARROW PRODUCTIONS’ services. To protect the loss, misuse, and alteration of information that is collected from customers, ARROW PRODUCTIONS has appropriate physical, electronic, and managerial procedures in place. How is customer information used? [Top] ARROW PRODUCTIONS may share customer information with selected partners, for example, to provide customers with information about products which might be of interest to the customer or to enable the customer to take advantage of special partner programs. ARROW PRODUCTIONS may also use customer information to provide its customers with system information or information about new or upgraded products. Opt Out & Modifications [Top] Customers may opt out of receiving notices of new or upgraded products from ARROW PRODUCTIONS and ARROW PRODUCTIONS partners by following the instructions contained at the end of the notice. However, customers may not opt out of receiving information from ARROW PRODUCTIONS which is essential for maintaining or updating customers' accounts or system information. Some customers may access and modify their personal information via their online personal control panel/account information page. All other customers may access and modify their personal information by contacting the appropriate ARROW PRODUCTIONS Billing organization. Domain name customers who have registered a domain name with ARROW PRODUCTIONS and wish to change the Technical Contact from ARROW PRODUCTIONS to another company, may send a request to webmaster@arrowproduction.com. It is important to note that customer domain name registration information is made publicly available in the registry of domain names. Disclosure of customer information and communications [Top] ARROW PRODUCTIONS will not otherwise disclose its customers' personal
and account information unless ARROW PRODUCTIONS has reason to believe
that disclosing such information is necessary to identify, make contact
with, or bring legal action against someone who may be causing harm or
interfering with the rights or property of ARROW PRODUCTIONS, ARROW PRODUCTIONS’
customers, or others, or where ARROW PRODUCTIONS has a good faith belief
that the law requires such disclosure.
ARROW PRODUCTIONS disclaims any intention to censor, edit or engage in ongoing review or surveillance of communications stored on or transmitted through its facilities by customers or others. ARROW PRODUCTIONS will, however, review, delete or block access to communications that may harm AXSEN, its customers or third parties. The grounds on which ARROW PRODUCTIONS may take such action include, but are not limited to, actual or potential violations of ARROW PRODUCTIONS’ Acceptable Use Policy.
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