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Terms of Service
1. ACCEPTANCE OF TERMS
ARTAN MEDIA GROUP, INC. provides service to you at
ELECTRICSUSAN.COM,
subject to the following Terms of Service ("TOS"), which may be updated
by us from time to time without notice to you. You can review the most
current version of the TOS at any time at:
http://www.artanmedia.com/artan/terms_of_service.htm. In addition,
when using particular ARTAN MEDIA GROUP, INC. services, you and ARTAN
MEDIA GROUP, INC. shall be subject to any posted guidelines or rules
applicable to such services, which may be posted from time to time. All
such guidelines or rules are hereby incorporated by reference into the
TOS. ARTAN MEDIA GROUP, INC. also may offer other services from time to
time, such as Relocation and Travel Referral Services that are governed
by different Terms of Services. These TOS do not apply to the Relocation
and Travel Referral Services or such other services.
2.
DESCRIPTION OF SERVICE
ARTAN MEDIA GROUP, INC. currently provides users with access to a
rich collection of on-line resources, including, classified advertising,
online forums, shopping services, personalized content and branded
programming through its network of properties (the "Service"). Unless
explicitly stated otherwise, any new features that augment or enhance
the current Service, including the release of new ARTAN MEDIA GROUP,
INC. properties, shall be subject to the TOS. You understand and agree
that the Service is provided "AS-IS" and that ARTAN MEDIA GROUP, INC.
assumes no responsibility for the timeliness, deletion, mis-delivery or
failure to store any user communications or personalization settings.
In order to use the Service, you must obtain access to the World Wide
Web, either directly or through devices that access web-based content,
and pay any service fees associated with such access. In addition, you
must provide all equipment necessary to make such connection to the
World Wide Web, including a computer and modem or other access device.
Please be aware that ARTAN MEDIA GROUP, INC. has created certain areas
on the Service that contain adult or mature content. You must be at
least 18 years of age to access and view such areas.
Some services mentioned
on this website are performed by businesses licensed in that kind of
service, such as Liberty Realty or Adrian Realty who handle real estate
referrals and similar services are performed in the travel related
section of our website by other companies. ARTAN MEDIA GROUP, INC. is
not a real estate brokerage and does not provide real estate services.
ARTAN MEDIA GROUP, INC. is not a travel agency and does not provide
travel bookings. ARTAN MEDIA GROUP, INC. does not give legal advice.
Before entering in any real estate transaction you may want to consult
an attorney or accountant. ARTAN MEDIA GROUP, INC. provides content on
this website, does not give legal advice and makes no warranties as to
the services provided by others on this website.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a)
provide true, accurate, current and complete information about yourself
as prompted by the Service's registration form (such information being
the "Registration Data") and (b) maintain and promptly update the
Registration Data to keep it true, accurate, current and complete. If
you provide any information that is untrue, inaccurate, not current or
incomplete, or ARTAN MEDIA GROUP, INC. has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete,
ARTAN MEDIA GROUP, INC. has the right to suspend or terminate your
account and refuse any and all current or future use of the Service (or
any portion thereof). ARTAN MEDIA GROUP, INC. is concerned about the
safety and privacy of all its users.
4. ARTAN'S PRIVACY POLICY
Registration Data and certain other information about you are
subject to our Privacy Policy. For more information, please see our full
privacy policy at
http://www.artanmedia.com/artan/privacy_policy.htm.
5. USER ACCOUNT, PASSWORD AND SECURITY
For certain parts of our services you will receive a password and
a user-ID upon completing the Service's registration process. You are
responsible for maintaining the confidentiality of the password and
user-ID, and are fully responsible for all activities that occur under
your password or user-ID. You agree to (a) immediately notify ARTAN
MEDIA GROUP, INC. of any unauthorized use of your password or user-ID or
any other breach of security, and (b) ensure that you exit from your
account and close your browser at the end of each session. ARTAN MEDIA
GROUP, INC. cannot and will not be liable for any loss or damage arising
from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole
responsibility of the person from which such Content originated. This
means that you, and not
ARTAN MEDIA GROUP, INC., are entirely responsible for all Content
that you upload, post, email or otherwise transmit via the Service.
ARTAN MEDIA GROUP, INC.
does not control the Content posted via the Service and, as such, does
not guarantee the accuracy, integrity or quality of such Content. You
understand that by using the Service, you may be exposed to Content that
is offensive, indecent or objectionable. Under no circumstances will
ARTAN MEDIA GROUP, INC.
be liable in any way for any Content, including, but not limited to, for
any errors or omissions in any Content, or for any loss or damage of any
kind incurred as a result of the use of any Content posted, emailed or
otherwise transmitted via the Service.
You agree to not use the Service to:
a. upload, post, email or otherwise transmit any Content that is
unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libellous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a
ARTAN MEDIA GROUP, INC.
official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the Service;
e. upload, post, email or otherwise transmit any Content that you do not
have a right to transmit under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or
under nondisclosure agreements);
f. upload, post, email or otherwise transmit any Content that infringes
any patent, trademark, trade secret, copyright or other proprietary
rights ("Rights") of any party;
g. upload, post, email or otherwise transmit any unsolicited or
unauthorized advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other form of solicitation,
except in those areas (such as shopping rooms) that are designated for
such purpose;
h. upload, post, email or otherwise transmit any material that contains
software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Service are able to type, or otherwise
act in a manner that negatively affects other users' ability to engage
in real time exchanges;
j. interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state,
national or international law, including, but not limited to,
regulations promulgated by the U.S. Securities and Exchange Commission,
any rules of any national or other securities exchange, including,
without limitation, the New York Stock Exchange, the American Stock
Exchange or the NASDAQ, and any regulations having the force of law;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.
You acknowledge that ARTAN
MEDIA GROUP, INC. does not pre-screen Content, but that
ARTAN MEDIA GROUP, INC.
and its designees shall have the right (but not the obligation) in their
sole discretion to refuse or move any Content that is available via the
Service. Without limiting the foregoing,
ARTAN MEDIA GROUP, INC.
and its designees shall have the right to remove any Content that
violates the TOS or is otherwise objectionable. You agree that you must
evaluate, and bear all risks associated with, the use of any Content,
including any reliance on the accuracy, completeness, or usefulness of
such Content. In this regard, you acknowledge that you may not rely on
any Content created by
ARTAN MEDIA GROUP, INC. or submitted to
ARTAN MEDIA GROUP, INC.,
including without limitation information in
ARTAN MEDIA GROUP, INC.
Message Boards, Clads Clubs, and in all other parts of the Service.
You acknowledge and agree that
ARTAN MEDIA GROUP, INC.
may preserve Content and may also disclose Content if required to do so
by law or in the good faith belief that such preservation or disclosure
is reasonably necessary to: (a) comply with legal process; (b) enforce
the TOS; (c) respond to claims that any Content violates the rights of
third-parties; or (d) protect the rights, property, or personal safety
of ARTAN MEDIA GROUP, INC.,
its users and the public.
You understand that the technical processing and transmission of the
Service, including your Content, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with
all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the
country in which you reside.
8. PUBLIC CONTENT POSTED TO CLADS
(a) For purposes of the TOS, "publicly accessible areas of the Service"
are those accessible by the general public. By way of example, a
publicly accessible area of the Service would include public classified
ads.
(b) With respect to Content you elect to post for inclusion in publicly
accessible areas of ARTAN
MEDIA GROUP, INC. Classified Ads or that consists of photos or
other graphics you elect to post to any other publicly accessible area
of the Service, you grant
ARTAN MEDIA GROUP, INC. the world-wide, royalty free and
non-exclusive license to reproduce, modify, adapt and publish such
Content on the Service solely for the purpose of displaying,
distributing and promoting the specific
ARTAN MEDIA GROUP, INC.
Classified Ads to which such Content was submitted, or, in the case of
photos or graphics, solely for the purpose for which such photo or
graphic was submitted to the Service. This license exists only for as
long as you elect to continue to include such Content on the Service and
shall be terminated at the time you delete such Content from the
Service.
(c) With respect to all other Content you elect to post to other
publicly accessible areas of the Service, you grant
ARTAN MEDIA GROUP, INC.
the royalty-free, perpetual, irrevocable, non-exclusive and fully sub
licensable right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, perform and display
such Content (in whole or part) worldwide and/or to incorporate it in
other works in any form, media, or technology now known or later
developed.
9. INDEMNITY
You agree to indemnify and hold
ARTAN MEDIA GROUP, INC.,
and its subsidiaries, affiliates, officers, agents, co-branders or other
partners, and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising
out of Content you submit, post to or transmit through the Service, your
use of the Service, your connection to the Service, your violation of
the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for
any commercial purposes, any portion of the Service, use of the Service,
or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that ARTAN
MEDIA GROUP, INC. may establish general practices and limits
concerning use of the Service, including without limitation the maximum
number of days that email messages, classified ads or other uploaded
Content will be retained by the Service, the maximum number of email
messages that may be sent from or received by an account on the Service,
the maximum size of any email message that may be sent from or received
by an account on the Service, the maximum disk space that will be
allotted on ARTAN MEDIA
GROUP, INC.'s servers on your behalf, and the maximum number of
times (and the maximum duration for which) you may access the Service in
a given period of time. You agree that
ARTAN MEDIA GROUP, INC.
has no responsibility or liability for the deletion or failure to store
any classified ads and other communications or other Content maintained
or transmitted by the Service. You acknowledge that
ARTAN MEDIA GROUP, INC.
reserves the right to log off accounts that are inactive for an extended
period of time. You further acknowledge that
ARTAN MEDIA GROUP, INC.
reserves the right to change these general practices and limits at any
time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
ARTAN MEDIA GROUP, INC.
reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part
thereof) with or without notice. You agree that
ARTAN MEDIA GROUP, INC.
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
13. TERMINATION
You agree that ARTAN MEDIA
GROUP, INC., in its sole discretion, may terminate your password,
account (or any part thereof) or use of the Service, and remove and
discard any Content within the Service, for any reason, including,
without limitation, for lack of use or if
ARTAN MEDIA GROUP, INC.
believes that you have violated or acted inconsistently with the letter
or spirit of the TOS.
ARTAN MEDIA GROUP, INC. may also in its sole discretion and at
any time discontinue providing the Service, or any part thereof, with or
without notice. You agree that any termination of your access to the
Service under any provision of this TOS may be effected without prior
notice, and acknowledge and agree that
ARTAN MEDIA GROUP, INC.
may immediately deactivate or delete your account and all related
information and files in your account and/or bar any further access to
such files or the Service. Further, you agree that
ARTAN MEDIA GROUP, INC.
shall not be liable to you or any third-party for any termination of
your access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser. You agree that
ARTAN MEDIA GROUP, INC.
shall not be responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings or as the result of the
presence of such advertisers on the Service.
15. LINKS
The Service may provide, or third parties may provide, links to
other World Wide Web sites or resources. Because Clads has no control
over such sites and resources, you acknowledge and agree that
ARTAN MEDIA GROUP, INC.
is not responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable for any
Content, advertising, products, or other materials on or available from
such sites or resources. You further acknowledge and agree that
ARTAN MEDIA GROUP, INC.
shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with
use of or reliance on any such Content, goods or services available on
or through any such site or resource.
16. ARTAN'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary
software used in connection with the Service ("Software") contain
proprietary and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge and agree
that Content contained in sponsor advertisements or information
presented to you through the Service or advertisers is protected by
copyrights, trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly authorized by
ARTAN MEDIA GROUP, INC.
or advertisers, you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the Service or the
Software, in whole or in part.
ARTAN MEDIA GROUP, INC.
grants you a personal, non-transferable and non-exclusive right and
license to use the object code of its Software on a single computer;
provided that you do not (and do not allow any third party to) copy,
modify, create a derivative work of, reverse engineer, reverse assemble
or otherwise attempt to discover any source code, sell, assign,
sublicense, grant a security interest in or otherwise transfer any right
in the Software. You agree not to modify the Software in any manner or
form, or to use modified versions of the Software, including (without
limitation) for the purpose of obtaining unauthorized access to the
Service. You agree not to access the Service by any means other than
through the interface that is provided by
ARTAN MEDIA GROUP, INC.
for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS.
ARTAN MEDIA GROUP, INC.
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. ARTAN MEDIA GROUP, INC.
MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II)
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE
ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE
SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE
WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM ARTAN MEDIA GROUP,
INC. OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
ARTAN MEDIA GROUP, INC.
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF ARTAN
MEDIA GROUP, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE
SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any
news, messages, alerts or other information from the Service concerning
companies, stock quotes, investments or securities, please read the
above Sections 17 and 18 again. They go doubly for you. In addition, for
this type of information particularly, the phrase "Let the investor
beware" is apt. The Service is provided for informational purposes only,
and no Content included in the Service is intended for trading or
investing purposes. ARTAN
MEDIA GROUP, INC. shall not be responsible or liable for the
accuracy, usefulness or availability of any information transmitted via
the Service, and shall not be responsible or liable for any trading or
investment decisions made based on such information.
21. NOTICE
Notices to you may be made via either email or regular mail. The
Service may also provide notices of changes to the TOS or other matters
by displaying notices or links to notices to you generally on the
Service.
22. COPYRIGHTS
ARTAN MEDIA GROUP,
INC. respects the intellectual property of others, and we ask our
users to do the same.
ARTAN MEDIA GROUP, INC. may, in appropriate circumstances and at
its discretion, terminate the accounts of users who infringe the
intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes
copyright infringement, please provide us the following information:
an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is
located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf.
Contact:
ARTAN MEDIA GROUP,
INC.
1350 E. Flamingo Road #54
Las Vegas, NV 89119
Phone: (702) 873-1439
Fax: (702) 873-9694
E-Mail:
executive@artanmedia.com
23. GENERAL INFORMATION
The TOS constitute the entire agreement between you and
ARTAN MEDIA GROUP, INC.
and govern your use of the Service, superceding any prior agreements
between you and ARTAN
MEDIA GROUP, INC.. You also may be subject to additional terms
and conditions that may apply when you use affiliate services,
third-party content or third-party software. The TOS and the
relationship between you and
ARTAN MEDIA GROUP, INC.
shall be governed by the laws of the State of Nevada without regard to
its conflict of law provisions. You and
ARTAN MEDIA GROUP, INC.
agree to submit to the personal and exclusive jurisdiction of the courts
located within the county of Clark, Nevada. The failure of
ARTAN MEDIA GROUP, INC.
to exercise or enforce any right or provision of the TOS shall not
constitute a waiver of such right or provision. If any provision of the
TOS is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavour to give
effect to the parties' intentions as reflected in the provision, and the
other provisions of the TOS remain in full force and effect. You agree
that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of the Service or the
TOS must be filed within one (1) year after such claim or cause of
action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal
or contractual effect.
24. VIOLATIONS
Please report any violations of the TOS to
executive@artanmedia.com.
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