ARKPUBLICATIONS.COM TERMS OF SERVICE
Updated on September 22, 2009
The arkpublications.com web site (the "Site") is a service of Ark Publications, LLC ("Ark", "us" or "we"). These arkpublications.com Terms of Service ("Terms of Service") set forth the terms and conditions under which you may enter and use the Site and any services available on the Site (the "Services") including, without limitation, the ability to view and search historical Christian Science materials posted on the Site (the "Publications").
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ENTERING OR USING THE SITE, REGISTERING WITH THIS SITE AND/OR CLICKING "I AGREE", YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE (WITHOUT MODIFICATION), YOU ARE NOT AUTHORIZED TO ENTER OR USE THE SITE.
PLEASE NOTE THAT, NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS OF SERVICE OR ON THE SITE TO THE CONTRARY, THE SITE IS PROVIDED WITHOUT ANY WARRANTY AND SUBJECT TO LIMITATIONS ON OUR LIABILITY. THESE TERMS ARE CONTAINED IN SECTIONS 6 AND 7 BELOW.
WE MAY REVISE THESE TERMS OF SERVICE AT ANY TIME. WHEN WE DO, WE WILL ALSO REVISE THE "LAST UPDATED" DATE AT THE TOP OF THESE TERMS OF SERVICE. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE CURRENT TERMS OF SERVICE. THE MOST CURRENT VERSION OF THE TERMS OF SERVICE CAN BE REVIEWED BY CLICKING ON THE "TERMS OF SERVICE" HYPERTEXT LINK LOCATED AT THE BOTTOM OF OUR WEB PAGES. WE MAY ADD ADDITIONAL CONDITIONS WHICH GOVERN YOUR USE OF THE SITE BY POSTING SUCH CONDITIONS ON THE SITE FROM TIME-TO-TIME. YOUR CONTINUED ENTRY TO AND/OR USE OF THE SITE AFTER WE POST ANY REVISED TERMS OF SERVICE CONSTITUTES YOUR AGREEMENT TO ANY SUCH REVISED TERMS OF SERVICE.
1. General Use and Restrictions
1.1 Use of Site
Conditioned upon, and subject to, your strict performance with these Terms of Services, Ark hereby grants you a non-exclusive, non-transferable and limited privilege to enter and use the Site for your personal use for informational purposes, and print copies of any information displayed on the Site (collectively, "Content") that you are authorized to access for informational purposes. If you are a Member, conditioned upon, and subject to, your strict performance with these Terms of Services, Ark hereby grants you a non-exclusive, non-transferable and limited privilege to (a) use the Site, Services and Publications for your personal research, writing and educational purposes, (b) print copies of the Content (including the Publications) that you are authorized to access in furtherance of your personal research, writing and educational purposes, and to share with others, and (c) send the Publications to others using the e-mail function available on the Site. The rights granted in these Terms of Service are limited to Ark's and its licensors' intellectual property rights in the Services and Content and do not include any other patents or intellectual property rights. If you would like to use the Services or Content in any manner not expressly permitted in this Section 1, please contact Ark Publications, LLC, and it may, in its sole discretion, grant you additional rights to use the Services and/or Content.
1.2 Information Provided
If you provide any information to us, you agree to provide only true, accurate, current and complete information.
1.3 Restrictions
The rights granted above in this Section 1 extend only to you and not to any third party. You agree not to enter or use the Site for any purpose that is prohibited by these Terms of Service, and agree to comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Site. Except as expressly provided above in this Section 1, and subject to applicable law, you agree not to, and agree not to cause or permit others to, (a) reproduce the Content except for reproduction that is incidental and necessary for the use thereof, (b) create derivative works based on the Content, (c) distribute the Content to any third party, (d) republish the Content, (e) permit any third party to use or access the Content, (f) lend the Content, and/or (g) otherwise make the Content available or accessible to any third party by any means. Subject to applicable law, you further agree not to, and agree not to cause or permit others to, (s) alter, modify or publicly display the Content (including, without limitation, posting the Publications on the Internet), (t) modify, reverse engineer, translate, disassemble, enable disabled features, decompile any software or other products or processes accessible through the Site, or insert any code or product or manipulate the Site in any way that affects the user's experience including, without limitation, taking any action that imposes, or may impose, an unreasonable or disproportionately large load on the Site, (u) remove any title, trademark, copyright and/or restricted rights notices or labels on the Site or Content, (v) rent, lease or sublicense the Content, (w) make the Site or Content available over a network where it could be used by multiple computers or users at the same time, (x) use any of our trademarks as metatags on other web sites, (y) use the Site in any manner that is illegal or impairs the operation of the Site or its availability or usage by others, and/or (z) display any part of the Site in frames (or any Content via in-line links). You further agree not to use any data mining, web crawlers, robots, cancelbots, spiders, Trojan horses, or any data gathering or extraction method in connection with your use of the Site except for customary search engines used in accordance with automated instructions directed to search engines and available on the Site. Ark shall not have any obligation under these Terms of Service or otherwise to provide any upgrades, updates, patches, corrections, changes, enhancements or modifications to the Site or Content (collectively, "Updates"), or to otherwise correct any errors or defects in the Site and/or Content. However, if any Updates are provided by us, these Terms of Service will govern such Updates.
2. The Services
2.1 General
The Site provides Services that include a searchable database that allows users to search and/or view Publications. A user's ability to use the Services depends on the particular user's membership status.
2.2 Account and Password
If we issue an account to use the Service to you (an "Account"), we will also issue a username and/or password for such Account to you (each user of the Service that is issued an Account shall be referred to herein as a "Member"). You may not authorize any third party to enter and/or use your Account on your behalf. Accordingly, you agree to protect your username and password by, among other things, keeping your password and other information relating to your Account confidential. If, notwithstanding the foregoing obligation, you allow another party to use your Account, you will be responsible for all use by the party using your Account.
2.3 Membership Status
The Services available to users that are not members (each an "Unregistered User") and Members of the Site vary. Unregistered Users do not have access to all of the Content and/or Services available to Members. If you are an Unregistered User, you agree not to use or access, or attempt to use or access, any Content and/or Services intended only for Members that have been issued a user name and/or password.
2.4 Termination/Suspension of Service; Your Duties Upon Termination/Suspension
We may, in our sole discretion, terminate or suspend your entry to, and/or use of, the Site, or any portion thereof, at any time, with or without notice and for any reason (or no reason), and you agree that (a) if your authorization to enter the Site is terminated, you will not thereafter enter, or attempt to enter, the Site, directly or indirectly, and (b) if your authorization to enter the Site is suspended, you will not thereafter enter, or attempt to enter, the Site, directly or indirectly, until your suspension is removed and we give you express notice thereof.
3. Linking and Third Party Dealings
3.1 Links to External Sites
We may provide hyperlinks to other web sites and Internet resources operated by parties other than Ark. We have no control over such sites and resources or their privacy policies. Such hyperlinks are provided for your reference only. The inclusion of hyperlinks to such web sites does not imply any sponsorship, affiliation or endorsement of the material on such web sites or with their operators.
3.2 Linking to the Site
Subject to the further provisions of this Section 3.2, we welcome links to the Site from other web sites. If you link to the Site, you agree to link only to the home page of the site located at www.arkpublications.com. If we demand that you not link to the Site, or any portion of the Site, you agree that you will not, directly or indirectly, link to the Site or such portion of the Site as directed in our demand, at any time after such demand is made.
4. Intellectual Property
4.1 General
Except for Content that is in the public domain, the Site and all Content, as well as the selection and arrangement of the Content, is owned by (or licensed to) Ark or its suppliers and is protected by copyright, trade dress, trademark, unfair competition, and/or other laws and may not be used, copied or imitated in whole or in part except as expressly provided herein. Except as otherwise expressly provided in these Terms of Service, all rights in and to the Site and Content are expressly reserved by Ark.
4.2 Trademarks
The Ark Logo is either a trademark or registered trademark of Ark, and, except as expressly provided in Section 1.3 above, may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Ark or its licensors and may not be copied, imitated, or used, in whole or in part, without our prior written permission. The Christian Science Journal, Christian Science Sentinel, and Christian Science Quarterly are trademarks of The Christian Science Publishing Society, registered in the United States and other countries. The Cross and Crown design is a trademark of the Christian Science Board of Directors, registered in the United States and other countries.
4.3 Infringement
If the Site, Services and/or Content, and/or your use thereof in accordance with these Terms of Service, becomes, or in Ark's opinion may become, the subject of a claim of infringement by a third party, then Ark may, in its sole and absolute discretion, either (a) procure for you the right to continue using the Site, Services and/or Content, as provided herein, or such portion thereof, as the case may be, (b) replace the Site, Services and/or Content, or portion thereof, as the case may be, with an equally suitable, functionally equivalent, compatible non-infringing equivalent, (c) modify the Site, Services and/or Content, or portion thereof, as the case may be, to create equally suitable, functionally equivalent, compatible non-infringing Site, Services and/or Content, (d) remove that portion of the Site, Services and/or Content as may be subject to such infringement claim, or (e) terminate these Terms of Service by giving notice thereof to you (which termination shall have immediate effect) and without any liability to you.
5. Indemnification
You hereby agree to indemnify and hold harmless Ark and its affiliates, officers, members, directors, employees, shareholders, information providers, suppliers and licensees (collectively, "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorney's fees, incurred by the Indemnified Parties in connection with any claim arising out of (a) your entry and/or use of the Site, and/or (b) any breach, or alleged breach, of any of these Terms of Service by you.
6. Disclaimer of Warranties
You expressly acknowledge and agree that your use of the Site and Content is at your sole risk. To the maximum extent permitted by applicable law, the Site and Content is provided to you on an "AS IS" basis. To the maximum extent permitted by applicable law, Ark makes no representations or warranties relating to the Site or Content including, without limitation, representations or warranties that (a) the Site or Content shall meet your requirements, (b) the operation of the Site will be uninterrupted or error free, or (c) any defects in the Site or Content will be corrected. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARK HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND/OR REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, ORAL OR WRITTEN INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT ARK KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE WITH RESPECT TO THE SITE AND THE CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARK FURTHER DISCLAIMS ANY AND ALL WARRANTIES, AND/OR REPRESENTATIONS OF QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND THE CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
7. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL ARK OR ITS LICENSORS BE LIABLE FOR PERSONAL INJURY OR FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OF SERVICE, THE SITE OR THE CONTENT, WHETHER FOR BREACH OF CONTRACT, IN TORT OR OTHERWISE, EVEN IF ARK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. To the extent not prohibited by law, in no event shall Ark's total liability to you for all damages exceed the amount of fifty dollars ($50.00).
8. Modifications to the Site or Services
For the avoidance of doubt, we may modify, suspend, discontinue and/or restrict the use of all or any portion of the Site including, without limitation, the Services and the Content, at any time for any reason (or for no reason) and without notice or liability.
9. Governing Law and Jurisdiction
The Site is hosted on servers located in the United States and is intended to be viewed by residents of the United States and abroad. These Terms of Service shall be deemed to be agreed to by you in St. Louis County, Missouri. These Terms of Service, and all matters arising out of or relating to these Terms of Service, shall be governed by the laws of the State of Missouri and the United States, without giving effect to the conflict of law provisions thereof and excluding any application of the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You consent to exclusive jurisdiction and venue in the federal courts sitting in St. Louis, Missouri, unless no federal subject matter jurisdiction exists, in which case you consent to exclusive jurisdiction and venue in the state courts sitting in St. Louis County, Missouri. You hereby irrevocably waive, to the fullest extent permitted by applicable law, any objection which you may now or hereafter have to the laying of venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum. You agree that any cause of action that you may desire to bring arising out of or related to these Terms of Service must commence within one (1) year after the cause of action arises; otherwise, such cause of action shall be permanently barred.
10. General Provisions
10.1 Entire Agreement
The Privacy Policy and these Terms of Service (including any supplements hereto as provided above) constitute the entire agreement between the parties with respect to your use of the Site (including, without limitation, the Service) and supersedes all prior and contemporaneous agreements and understandings regarding such subject matter. For the avoidance of doubt, the Privacy Policy and Terms of Service do not supersede The Ark Christian Science Collection Software End User EULA Agreement, if applicable.
10.2 Assignment
Neither these Terms of Service nor any of the rights, interests or obligations hereunder may be assigned or transferred by you (whether by operation of law or otherwise) without the prior written consent of Ark. Ark may assign our rights under these Terms of Service, in whole or in part, without your consent. Subject to the foregoing, these Terms of Service shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors, heirs and permitted assigns.
10.3 Severability
If any provision of these Terms of Service is declared or found to be illegal, unenforceable or void, then both parties shall be relieved of all obligations arising under such provision, but only to the extent that such provision is illegal, unenforceable or void, it being the intent and agreement of the parties that these Terms of Service shall be deemed amended by modifying such provision to the extent necessary to make it legal and enforceable while preserving its intent or, if that is not possible, by substituting therefore another provision that is legal and enforceable and achieves the same objective. If the remainder of these Terms of Service shall not be affected by such declaration or finding and is capable of substantial performance, then, each provision not so affected shall be enforced to the extent permitted by law.
10.4 Cumulative Remedies
No right or remedy conferred by these Terms of Service is exclusive of any other right or remedy conferred herein or by law or in equity; rather, all of such rights and remedies are cumulative of every other such right or remedy and may be exercised concurrently or separately from time-to-time.
10.5 Notices
Ark may provide notice to you relating to these Terms of Service by sending an e-mail to your last known e-mail address, if any, your last known postal address, if any, or posting a notice on the Site, and any such notice shall be deemed given and received on the earlier of the day it is sent to you or the day it is posted on the Site.
10.6 Miscellaneous
A printed version of these Terms of Service and of any notices given to you 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 failure of Ark to insist upon or enforce strict performance by you of any provision of these Terms of Service shall not be construed as a waiver of any provision or right. If we bring any suit against you to enforce these Terms of Service or otherwise in connection with your use and/or entry of the Site, you agree that if we prevail in such suit we shall be entitled to recover all costs and expenses incurred in such suit including reasonable attorneys' fees. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Service.
