2. Information We Automatically Collect About You
We collect information other than Personal Information (“Non-Personal Information”) about your use of our Website.
B. Web Beacons
We or our third party tracking utility company also use “web beacons” to collect anonymous information about your use of our Website and the websites of selected sponsors and advertisers, and your use of emails, special promotions or newsletters we send to you. Web beacons are tiny graphic image files embedded in a web page or email that provide a presence on the web page or email and send back to its home server information from the user’s browser. The information collected by web beacons allows us to statistically monitor how many people are using our Website and selected sponsors' and advertisers' sites and opening our emails, and for what purposes. Our web beacons are not used to track your activity outside of our Website. We do not link Non-Personal Information from web beacons to Personal Information without your permission.
C. Traffic Data
We automatically track and collect the following categories of information when you visit our Website: (1) IP addresses; (2) domain servers; (3) types of computers accessing the Website; (4) types of web browsers used to access the Website; (5) referring source which may have sent you to the Website; and (6) other information associated with the interaction of your browser and the Website (collectively “Traffic Data”). We do not link Non-Personal Information from Traffic Data to Personal Information without your permission.
3. Personal Information We Collect About You
A. Email to You
We use the Personal Information that you provide to respond to your questions, provide you the specific Services you select and send you emails about Website maintenance and updates. You may choose not to provide us with any Personal Information. In such case, you can still access and use parts of the Website; however you will not be able to access and use those portions of the Website that require your Personal Information.
We may use your contact data to send you information to contact you when necessary, and in conjunction with your use of certain Services. In some cases, when you click on a link in an e-mail, your browser may be momentarily directed to the website of a third party which, acting on behalf of ARCHILEPSY (see Section 5 below), notes or "counts" your response to the e-mail before re-directing your browser to your selected destination; this re-direction process may not be apparent to you.
B. Market Research
We do not knowingly collect Personal Information from children under the age of 13.
4. ARCHILEPSY’s Use of Your Information
We may use your contact data to send you information about ARCHILEPSY or our products or Services, to contact you when necessary and in conjunction with your use of certain Services. We may use your Traffic Data to customize and tailor your experience on the Website, in emails and in other communications, displaying content that we think you might be interested in and according to your preferences.
5. Information Collected by Third Parties Not Acting on Behalf of ARCHILEPSY
6. Links to Other Websites
7. Disclosure of Your Information
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Website.
The Personal Information we collect about you is stored on a secure, password-protected server and only authorized personnel have access to your information. We use industry-standard encryption technologies with respect to the receipt and transfer of Personal Information you submit to us on the Site and only authorized personnel have access to your information. Nevertheless, despite our best efforts, no transmission over the Internet and no data storage method can be guaranteed to be safe 100% of the time.
If you no longer wish to receive emails, you may opt-out of receiving them by following the instructions included in each email, or by emailing us at Editor(at)ArchilepsyMagazine(dot)com.
Or send a request via postal mail to:
ARCHILEPSY, P.O.Box 902 Chicago, IL 60690
10. Transfer and Storage of Data
The Website is hosted on servers in the United States. Accordingly, if you are located outside of the United States, the Personal Information you provide to us will be transferred to the United States. By submitting your Personal Information, you consent to its transfer and storage in the United States and its use in accordance with the purposes for which it was originally collected.
Our Terms and Conditions
1. The Services
3. Email Address
To access certain features of the site, you may be asked to provide your email address.
4. Your Personal Information
5. Your Responsibilities
You are responsible for all use of the Site and the Services. You may use the Site and the Services for lawful, non-commercial purposes only. You may not use the Site or the Services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting anything else contained herein, you agree that you shall not (and you agree not to allow any third party to):
• copy, modify, adapt, translate, or reverse engineer any portion of the Site, its content or materials and/or the Services, with the exception of the downloads offered on the Site;
• remove notices of any copyright, trademark or other proprietary rights contained in or on the Site and/or the Services or in any content or other material obtained via the Site and/or the Services;
• use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site and/or the Services;
• reformat or frame any portion of the web pages that are part of the Site and/or the Services;
• create user accounts by automated means or under false or fraudulent pretenses; or
• collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
6. Changes to the Services
7. Links to Other Sites
8. Additional Terms
9. Content You Post or Submit
We reserve the right to remove any content that you submit, publish or display on the Site or transmit to other members and/or users of the Site (hereinafter, “Posted Content”) in our sole discretion. We are not, however, responsible for any failure or delay in removing Posted Content. Keep in mind that the Posted Content of others is simply opinion and should not be relied on. In addition:
• You are solely responsible for your Posted Content.
• You may not post, distribute, or reproduce in any way any material subject to copyright, trademark or other third party proprietary rights without obtaining the prior written consent of the owner of such third party proprietary rights. You may not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
• You may not provide any Posted Content that falsely expresses or implies that such content or material is sponsored or endorsed by ARCHILEPSY.
• You may not provide any Posted Content that is unlawful or that promotes or encourages illegal activity.
• As applicable, you agree that you will only provide Posted Content that you believe to be true and you will not purposely provide false or misleading information.
• By posting Posted Content on the Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, ARCHILEPSY, its contractors, and the users of the Site an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Content and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Content. This license is non-exclusive.
The following is a partial list of the kind of content and communications that are illegal or prohibited on/through the Site. ARCHILEPSY reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Services and terminating the membership of or blocking use of the Services and/or the Site by such violators. You may not post content that:
• is false or intentionally misleading;
• harasses or advocates harassment of another person;
• involves the transmission of unsolicited mass mailing or "spamming";
• violates the intellectual property or other rights of any person;
• is threatening, obscene, defamatory or libelous; or
• is pornographic or sexually explicit in nature.
Notwithstanding any other provisions contained herein, any comments, suggestions, or feedback relating to the Site or the Services (collectively “Feedback”) submitted to ARCHILEPSY shall become the property of ARCHILEPSY or its designee. ARCHILEPSY will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, Site or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future Site, Services, or operations. Without limitation, ARCHILEPSY will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not ARCHILEPSY, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
10. Copyright Dispute Policy
ARCHILEPSY has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at http://www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of ARCHILEPSY’s Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is provided at the end of this section.
It is ARCHILEPSY’s policy to (a) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (b) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements
If you believe that material or content residing on or accessible through the Site or the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below ("Proper Bona Fide Infringement Notification"):
• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
• Identification of works or materials being infringed;
• Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that ARCHILEPSY is capable of finding and verifying its existence;
• Contact information about the notifier including address, telephone number and, if available, email address;
• A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
• A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Receipt of a Bona Fide Infringement Notification
• Once Proper Bona Fide Infringement Notification is received by the Designated Agent, it is ARCHILEPSY’s policy:
• To remove or disable access to the infringing material;
• To notify the content provider, member or user that it has removed or disabled access to the material; and
• That for repeat offender, as determined in ARCHILEPSY’s sole discretion) ARCHILEPSY will also terminate such content provider's, member's or user's access to the Site and Services.
Procedure to Supply a Counter-Notice to the Designated Agent
If the content provider, member or user believes that either the material that was removed or to which access was disabled is either not infringing, or that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
• A physical or electronic signature of the content provider, member or user;
• Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
• A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
• The content provider's, member's or user's name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider's, member's or user's address is located, or if the content provider's, member's or user's address is located outside the United States, for any judicial district in which ARCHILEPSY is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, ARCHILEPSY may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at ARCHILEPSY’s discretion.
Address for Designated Agent
Please contact ARCHILEPSY’s Designated Agent to Receive Notification of Claimed Infringement at the following address:
Copyright Agent, ARCHILEPSY, P.O. Box 902, Chicago, IL 60690.
Email to: editor(at)ArchilepsyMagazine(dot)com.
11. Your Use of Content
Except for content posted or submitted by you or any other visitors to the Site, all of the content available on or through the Services and/or the Site, including without limitation, text, photographs, graphics and video and audio content, is owned by us and our licensors and is protected, as applicable, by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain ARCHILEPSY’s proprietary information. We give you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Site in whole or in part, for any commercial gain or purpose whatsoever except as expressly provided herein. Except as is expressly provided herein, ARCHILEPSY and its suppliers do not grant you any express or implied rights, and all rights in the Site and the Services not expressly granted by ARCHILEPSY to you are retained by ARCHILEPSY.
12. Disclaimer of Warranties
WE PROVIDE THE SITE AND THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SITE OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SITE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ARCHILEPSY MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE BY OR THROUGH THE SITE OR ANY SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. ARCHILEPSY DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.
13. General Limitation of Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO UTILIZE THE SITE OR THE SERVICES OR (B) $100. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
16. Electronic Contracting and Notice
17. Entire Agreement
18. Choice of Law and Dispute Resolution
21. Independent Contractors
The relationship between you and ARCHILEPSY is one of independent contractors. Neither party will represent that it has any authority to assume or create any obligation, express or implied, on behalf of the other party, or to represent the other party as agent, employee, or in any other capacity, except as specifically provided herein.