Terms and Conditions - Arkhaven Site

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR ENTERING THIS SITE. THIS AGREEMENT IS BETWEEN YOU AND INFOGALACTIC AG. (“ARKHAVEN”, “DARK LEGION”, “US”, or “WE”). UPON ENTERING THIS SITE, YOU HEREBY AGREE TO ABIDE BY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT (“TOU”) AS THEY GOVERN YOUR ACCESS TO AND USE OF THIS WEB SITE TO PROVIDE ANY PROGRAMS, SERVICES, OR TOOLS, MADE AVAILABLE THROUGH THE SITE OR USED IN CONNECTION THEREWITH (collectively referenced as the “Arkhaven Site”). IF YOU DO NOT AGREE WITH THIS TOU, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE ARKHAVEN SITE AND ARE INSTRUCTED TO EXIT THE ARKHAVEN SITE IMMEDIATELY.

FURTHER, YOU AGREE TO THE USE OF ELECTRONIC DOCUMENTS FOR ALL TRANSACTIONS AND COMMUNICATIONS RELATED TO THIS ARKHAVEN SITE.

Any references to “User”, “You”, “Your”, or “Authorized User” refer to You or Your institution or business and all its related affiliates, agents, or employees who use this Arkhaven Site.

TERMS AND CONDITIONS

USER OBLIGATIONS. You must be 18 years of age or older to create an account or use this Arkhaven Site. You represent that You are at least the legal age of majority and will, at all times, provide true, accurate and complete information when submitting any information to the Arkhaven Site, including, without limitation, when You provide information during registration or on other forms. If You provide any false, inaccurate, or incomplete information, Arkhaven reserves the right to terminate Your access immediately to the Arkhaven Site. In addition, You agree to abide by all applicable local, state, national, and international laws and regulations with respect to Your use of the Arkhaven Site or to not use this Site if any applicable laws forbid its use. Without limiting the generality of the foregoing, You agree that You will not use nor disclose to any other party in a manner not permitted by this TOU any personally identifiable information, which You receive or which is made available from Arkhaven in connection with this TOU. In addition, You also acknowledge and agree that use of the internet and access to or transmissions or communications with the Arkhaven Site is solely at Your own risk. While Arkhaven has endeavored to create a secure and reliable Arkhaven Site, You should understand that the confidentiality of any communication or material transmitted to or from the Arkhaven Site over the Internet or other form of global communication network cannot be guaranteed. Arkhaven is not responsible for the security of any information transmitted to or from the Arkhaven Site. You agree to assume all responsibility concerning activities related to Your use of the Arkhaven Site.
USER NAME. Your account information is accessible through the use of a USERID and PASSWORD assigned and/or controlled by You. You are solely responsible for protecting Your USERID and PASSWORD and hereby agree to accept all responsibility for any activity that occurs under Your account with Your USERID and PASSWORD. In addition, should any of Your employees with access to this Site leave Your business/institution, You will be responsible for changing any PASSWORDS if You believe such a step is warranted. Arkhaven is not responsible for any liability arising from any unauthorized use of this service (including without limitation from Your business, institution or from Your failure to safeguard a PASSWORD from unauthorized use). Only one Authorized User can use one user name and password and, thus, one account. By using the Arkhaven Site, You agree to consider Your user name and password as confidential information and to keep Your user name and password confidential. You also agree not to use another Authorized User’s user name and password. You will immediately notify Arkhavenif You become aware of any loss or theft of Your password or any unauthorized use of Your user name and password. Arkhaven will not be liable for any loss or damage arising from Your failure to comply with these obligations. Arkhaven reserves the right to delete or change a user name or password at any time and for any reason with reasonable notice.
LICENSE GRANT. The Arkhaven Site is provided by Arkhaven, and this TOU provides to You a revocable, limited, non-exclusive, non-transferable license to use the Arkhaven Site conditioned on Your continued compliance with the terms and conditions of this TOU and this TOU permits You to use and access for business purposes only the Arkhaven Site. You may also download materials and information from the Arkhaven Site solely for Your internal business use, provided that all hard copies retain all copyright and other applicable notices contained in such materials and information.
RESTRICTIONS. This is for limited use only. You may not use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit any data provided by Arkhaven through the Arkhaven Site in any manner unless expressly permitted by this TOU. In addition, You may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove, or alter any proprietary notices or labels. You may not: (i) reproduce or circumvent the navigational structure or presentation of the Arkhaven Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Arkhaven Site, (ii) attempt to gain unauthorized access to any portion or feature of the Arkhaven Site, including, without limitation, the account of another Authorized User(s), or any other systems or networks connected to the Arkhaven Site or to any Arkhavenserver or to any of the services offered on or through the Arkhaven Site, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the Arkhaven Site or any network connected to the Arkhaven Site, nor breach the security or authentication measures on the Arkhaven Site or any network connected to the Arkhaven Site, (iv) reverse lookup, trace, or seek to trace any information on any other Authorized User of or visitor to the Arkhaven Site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Arkhaven Site or Arkhaven’s systems or networks or any systems or networks connected to the Arkhaven Site, (vi) use any device, software to interfere with the proper working of the Arkhaven Site or any transaction conducted on the Arkhaven Site, or with any other person’s use of the Arkhaven Site, (vii) resell, or otherwise permit third parties to access and use the Arkhaven Site (or any part thereof) without Aerio’s prior written permission, or (viii) use the Arkhaven Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Arkhaven.
TERM AND TERMINATION. This TOU and Your right to use the Arkhaven Site will take effect at the moment You click “I AGREE TO THE TERMS OF SERVICE”, and access, or use the Arkhaven Site. In addition, Arkhavenreserves the right at any time if You violate any term or condition of this TOU, to deny Your access to the Arkhaven Site or to any portion thereof in order to protect its name and goodwill, its business, and/or other Authorized Users. Termination will be effective without notice. You may also terminate this TOU at any time by ceasing to use the Arkhaven Site or inactivating Your Arkhaven account, but all applicable provisions of this TOU will survive termination. Upon termination, You must destroy all copies of any aspect of the Arkhaven Site in Your possession. The provisions concerning Aerio’s proprietary rights, feedback, indemnity, disclaimers of warranty, limitation of liability, and governing law will survive the termination of this TOU for any reason.
PRIVACY POLICY. Please see our Privacy Policy for a summary of personal identifying information collection and use practices.
LIABILITY DISCLAIMER. THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ARKHAVEN AND/OR ITS SUPPLIERS OR AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. ARKHAVEN, ITS AFFILIATES AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IN NO EVENT SHALL ARKHAVEN, ITS AFFILIATES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF AERIO, ITS AFFILIATES AND/OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS HAVE LIMITATIONS ON THE APPLICABILITY OF DISCLAIMERS OR DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF ARKHAVEN FOR ANY REASON WHATSOEVER RELATED TO USE OF THE ARKHAVEN SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO ARKHAVEN IN CONNECTION WITH THE USE OF THIS ARKHAVEN SITE FOR THE PRIOR THREE MONTHS.
RETURN POLICY. Arkhaven will gladly exchange, credit or refund your purchase of any digital edition if returned within 14 days of the purchase date, excluding a Handling charge of $2.50. Please allow 2 weeks for processing. Please note that returns must be requested within 14 days of the date of purchase; Arkhaven cannot assume responsibility for your download of the purchased files.
FLAWED OR DAMAGED PRINT EDITIONS. Arkhaven does not accept returns of print editions. If you receive a flawed or damaged print edition from the Arkhaven store or the Castalia Direct store, please contact us by email at support@arkhaven.com and it will be replaced. All flawed or damaged print editions purchased from Amazon should be brought to Amazon’s attention.
CONCLUSION OF CONTRACT. After placing an order with Arkhaven, you will receive an order confirmation by e-mail, providing you have provided us with an e-mail address. This confirmation acts as confirmation of receipt and does not constitute a legally binding acceptance of your order. Purchase contracts between Arkhaven Comics, Dark Legion Comics, or Castalia House and you come into force after your order has been accepted on shipping or deliver of the download link of the goods. The goods remain the full property of Arkhaven Comics until full payment has been made. Our prices naturally already include VAT (as at January 2011; subject to changes in VAT) where VAT is applicable. As a result of ongoing improvements to product quality, deviations from the product images and/or information provided may occur in isolated cases. All performance, dimensions, weights and sizes provided are approximate values. We shall only accept liability for damage in the event of gross negligence or intent. We shall under no circumstances accept liability for subsequent damage such as loss of earnings.
LEAD TIMES AND DELIVERY. Delivery will take place approximately one week after receipt of your order. Unless otherwise agreed, delivery will be to the delivery address provided by the customer. Books for which we do not hold the publishing rights in certain jurisdictions are not available in those jurisdictions and cannot be shipped to or downloaded by customers located in those jurisdictions.
APPLICABLE LAW AND PLACE OF JURISDICTION. Swiss law applies, excluding the UN Convention on the International Sales of Goods. The place of jurisdiction is Zug, Switzerland. The EU Commission has set up a platform to enable consumers and traders to settle disputes through online dispute resolution (ODR). To access this platform, go to https://ec.europa.eu/consumers/odr. We are not obligated to participate in an arbitration process and are unfortunately unable to offer you the opportunity to participate in any such process.