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Please
read this carefully. By accessing the ARCchart.com web site
at www.ARCchart.com (the "Site") you are agreeing to the terms
that appear below, whether or not you register as a user.
If you have any questions, please contact mattb@ARCchart.com.
These Terms were last updated on 1 October 2000.
1. Introduction
This
Site is owned and operated by ARCchart Ltd , an affiliate
of ARC Associates. As a user, you will be able to access material
on some areas of the Site without going through the registration
process. Certain areas of the Site are only open to you if
you register. Also, additional material ("Premium Content")
is available to you on a paid-for basis. Premium Content will
be clearly identified and you will be requested to give credit
card details if you decide to make a purchase. Specific provisions
relating to your use of Premium Content are set out in Section
6 of these Terms.
There
is no specific time limit applying to your access and use
of the Site on these Terms. However, ARCchart Ltd reserves
the right to suspend or terminate your access and use of the
Site at any time. It may exercise this right with or without
notice. If applicable, notice will be given to your e-mail
address as notified to ARCchart Ltd. In that event, notice
will be deemed to be served three hours after transmission
or posting.
2. Use of ARCchart.com Content
All material on the Site and news by email (the "Content")
belongs to ARCchart Ltd or its licensors. You may retrieve
and display Content from the Site on a computer screen, print
individual pages on paper (but not photocopy them) and store
such pages in electronic form on disk (but not on any server
or other storage device connected to a network) for your personal,
non-commercial use.
Except as expressly set out above, you may not reproduce,
modify or in any way commercially exploit any of the Content.
In particular, but without limiting the general application
of the restrictions contained in the preceding sentence, you
may not do any of the following without prior written permission
from ARCchart Ltd
-
redistribute any of the Content (including by using it as
part of any library, archive or similar service);
-
remove the copyright or trade mark notice from any copies
of Content made under these Terms;
- create
a database in electronic or structured manual form by systematically
downloading and storing all or any of the Content.
Requests
to republish or redistribute Content should be addressed to
ARCchart Ltd at CustomerSupport@ARCchart.com.
You
acknowledge that "ARCchart", "ARCchart.com" and "ARCchart
Ltd" are trade marks and that you may not use them without
written permission from ARCchart Ltd.
3.
Registration
On
registration, you must provide ARCchart Ltd with accurate,
complete registration information and it is your responsibility
to inform ARCchart Ltd
of any changes to that information (including in particular
your email address) by emailing mattb@ARCchart.com.
Each
registration is for a single user only. On registration, you
will choose a user name and password. ARCchart Ltd does not
permit any of the following:
- any
other person sharing your user name and password;
- access
through a single name and password being made available
to multiple users on a network.
You
are responsible for all use of the Site made by you or anyone
else using your user name and password (collectively, "ID")
and for preventing unauthorised use of your ID. If you believe
there has been any breach of security such as the disclosure,
theft or unauthorised use of your ID or any payment information,
you must notify ARCchart Ltd immediately by emailing CustomerSupport@ARCchart.com.
4.
Bulletin Boards & Discussion Groups
The
Site may include in future bulletin boards, discussion groups
and other public areas that allow feedback to and interaction
between users ("Forums"). While ARCchart Ltd does not control
the information posted to Forums (the "Messages"), it reserves
the right (which it may exercise at its sole discretion without
notice) to delete, move or edit the Messages and you waive
any moral rights that you may have in regard to the Messages.
You
are solely responsible for the content of your Messages. You
must comply with any rules posted by ARCchart Ltd on a Forum.
You may not:
- post
or otherwise publish any Messages containing any form of
advertising for goods and services;
- post
or otherwise publish any Messages that are unlawful, threatening,
abusive, libellous, indecent, infringe the rights of third
parties or which contain any other form of illegal content;
-
post or otherwise publish any Messages that contain a virus
or other harmful component;
-
restrict or inhibit any other user from using the Forums.
By
submitting messages to any Forum you agree to indemnify and
hold harmless ARCchart Ltd from all claims, costs and expenses
(including legal expenses) arising out of any Messages posted
or published by you that are in breach of this section 4.
By
submitting Messages to any Forums you are granting ARCchart
Ltd a perpetual royalty free non-exclusive licence to reproduce,
make available, distribute and sub-license the Message in
whole or in part and in print or electronic form.
5. News by E-Mail
ARCchart
Ltd may give you the option to subscribe to its email update
service, the BluePrint. Your use of the Content received through
the email news service will be subject to these Terms.
6.
Premium Content
Premium
Content will be accessible on payment of certain charges.
All payments (including any applicable taxes) must be made
by credit card in US Dollars or any alternative currency that
ARCchart Ltd may specify. If ARCchart Ltd (or its designated
agent) does not receive payment authorisation from your credit
card clearing service, ARCchart Ltd may immediately suspend
your use of the Site. You are responsible for the payment
of all charges associated with the use of the Site using your
ID.
If
your use of the Site is terminated by ARCchart Ltd, you will
be entitled to receive a refund of any credits that remain
unused at the time of termination (unless your use is terminated
because you are in breach of these Terms). You will still
be responsible for any fees or other charges incurred by you
until the termination of your rights to use the Site.
7.
Software and Java Security
Copyright in any software that is made available for download
from the Site ("Software") belongs to ARCchart Ltd or its
suppliers. Your use of the Software is governed by the terms
of any licence agreement that may accompany or be included
with the Software. Do not install or use any Software unless
you agree to such licence agreement.
ARCchart
Ltd may from time to time give you the option to modify your
browser to enable you to access certain requested services
along with other applications. In that event, a dialogue box
will be shown on your screen requiring your authorisation
for the modification to proceed. By clicking the 'Grant' button
(or equivalent) on the dialogue box, you will allow ARCchart
Ltd to modify your browser to enable you to view the service
on your screen at the same time as you work on other applications.
The dialogue box may display a 'high risk' notice. The reason
for this is that this modification makes it technically possible
for the browser to be used by ARCchart Ltd for other purposes.
ARCchart Ltd guarantees to you that such modification will
only be used to view the requested service with other applications
and (if you have clicked on 'Remember this decision') to view
in a similar way any other service you may specifically request
from ARCchart Ltd in the future.
8.
Limitation of Liability and Disclaimer
The Content is only for your general information and use and
is not intended to address your particular requirements. In
particular, the Content does not constitute any form of advice,
recommendation or arrangement by ARCchart Ltd and is not intended
to be relied upon by users in making (or refraining from making)
any specific investment or other decisions. Appropriate independent
advice should be obtained before making any such decision.
Any arrangements made between you and any third party named
on this Site are at your sole risk and responsibility.
BECAUSE
OF THE NUMBER OF SOURCES FROM WHICH ARCCHART LTD OBTAINS CONTENT
AND THE NATURE OF ELECTRONIC DISTRIBUTION VIA THE WORLD WIDE
WEB, ARCCHART LTD DOES NOT GIVE ANY WARRANTIES IN RESPECT
OF THE SITE. IN PARTICULAR, THE SITE IS PROVIDED ON AN "AS
IS", "AS AVAILABLE" BASIS AND ARCCHART DOES NOT GUARANTEE
THE ACCURACY, TIMELINESS, COMPLETENESS, PERFORMANCE OR FITNESS
FOR A PARTICULAR PURPOSE OF THE SITE OR ANY CONTENT. ALL IMPLIED
WARRANTIES ARE EXCLUDED FROM THESE TERMS TO THE EXTENT THAT
THEY MAY BE EXCLUDED AS A MATTER OF LAW. ADDITIONALLY, ARCCHART
LTD MAKES NO WARRANTY THAT THE SITE IS YEAR 2000 COMPLIANT
OR FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS
CONTAMINATING OR DESTRUCTIVE PROPERTIES. ARCCHART LTD WILL
NOT BE LIABLE FOR ANY DAMAGES (INCLUDING WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS) ARISING IN CONTRACT, TORT OR
OTHERWISE FROM YOUR USE OR INABILITY TO USE THE SITE OR ANY
CONTENT OR FROM ANY ACTION TAKEN (OR REFRAINED FROM BEING
TAKEN) AS A RESULT OF USING THE SITE OR ANY CONTENT.
The
Site contains links to other World Wide Web sites, either
directly or through frames and, where possible, we will make
clear where such links are being made. Those sites are provided
by independent third parties and ARCchart Ltd is not responsible
for their availability or content. Notwithstanding the provisions
of this Section 8, ARCchart Ltd's liability will not be limited
in the case of death or personal injury directly caused by
ARCchart
Ltd's
negligence.
9.
Privacy Policy
The
information that you provide about yourself to ARCchart Ltd
will only be used by ARCchart
Ltd in
accordance with its Privacy Policy Statement. This includes:
-
using your information for the effective administration
of the Site and to communicate with you;
-
the disclosure of your information, but not e-mail addresses,
to ARC Associates and respectable third parties.
10.
Changes to these Terms
ARCchart
Ltd reserves the right, at its discretion, to make changes
to any part of the Site. Due to its policy of updating and
improving the site, ARCchart Ltd may wish to change these
Terms (including those relating to your use of the Content).
When terms are changed, ARCchart
Ltd
will notify you by publishing details of those changes by
including them at the end of these Terms (see "Changes to
these Terms"). If you use the Site after ARCchart Ltd has
published or notified you of the changes, you are agreeing
now to be bound by those changes. If you do not agree to be
bound by those changes, you should not use the Site any further
after they are published at the end of these Terms or after
you receive notice of them.
11.
Advertising and Sponsorship
Part
of the Site may contain advertising and sponsorship. Advertisers
and sponsors are responsible for ensuring that material submitted
for inclusion on the Site complies with international and
national law. ARCchart Ltd will not be responsible for any
error or inaccuracy in advertising material.
12.
Competitions and Prize Draws
From
time to time ARCchart Ltd will run competitions, free prize
draws and promotions on the Site. These are subject to additional
terms that will be made available at the time of such competitions.
13.
Choice of Law and Jurisdiction
These Terms shall be governed by, and construed in accordance
with, English law. The parties irrevocably agree that the
courts of England shall (subject to the paragraph below) have
exclusive jurisdiction to settle any dispute which may arise
out of, under, or in connection with these Terms or the legal
relationship established by them, and for those purposes irrevocably
submit all disputes to the jurisdiction of the English courts.
For
the exclusive benefit of ARCchart Ltd, ARCchart Ltd shall
retain the right to bring proceedings as to the substance
of the matter in the courts of the country of your residence
or, where these Terms are entered into in the course of your
trade or profession, the country of your principal place of
business.
14.
General
You
may not assign, sub-license or otherwise transfer any of your
rights under these Terms. If any provision of these Terms
is found to be invalid by any court having competent jurisdiction,
the invalidity of that provision will not affect the validity
of the remaining provisions of these Terms, which shall remain
in full force and effect.
Failure
by either party to exercise any right or remedy under these
Terms does not constitute a waiver of that right or remedy.
Headings
in these Terms are for convenience only and will have no legal
meaning or effect. ARCchart Limited is a company registered
in England and Wales under number 3365286 whose registered
office is at 3 Finsbury Square, London EC2A 1LN.
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