Terms & Conditions
✱ Agreement between User(s) & ARCI
Welcome to ARCI. The ARCI website (the “Site”) is comprised of various web pages operated by ARCI (“ARCI”).
ARCI is an E-Commerce Site offering a range of services including but not limited to photography, videography, and event studio rentals. The website serves as both a portfolio and a booking platform for these services.
The ARCI website, space, and all property within, is offered to our Users conditioned upon their acceptance (without modification) of our terms and conditions contained herein (the “Terms”). Use of the ARCI Site and property constitutes agreement to all such Terms.
Please review these Terms carefully before use of our site and scheduling any bookings. If you have any questions regarding these Terms, please contact us for clarification.
Thank you for choosing ARCI. We look forward to serving you.
✱ Privacy
Your use of ARCI and the “Site” is subject to our Privacy Policy. Please review our Privacy Policy, which that governs the Site and informs Users of our data collection practices.
✱ Electronic Communications
Visiting the Site of ARCI or sending emails to ARCI constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
✱ Children Under Thirteen
ARCI does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If Users are under 18, they may access and utilize the Site only with the permission of a parent or guardian.
✱ Links to Third Party Sites/Third Party Services
The Site may contain links to other websites (“Linked Sites”). Linked Sites are not under the control of ARCI nor is ARCI responsible for the contents, including without limitation, on the Linked Sites, any links contained on Linked Sites, or any changes or updates to the Linked Sites. ARCI is providing these links to Users only as a convenience, and the inclusion of any link does not imply endorsement by ARCI of the site or any association with its operators.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service, or functionality originating from the Site, Users hereby acknowledge and consent that ARCI may share such information and data with any third party with whom ARCI has a contractual relationship to provide the requested product, service or functionality on behalf of ARCI users and customers.
✱ No Unlawful or Prohibited Use/Intellectual Property
Site Users are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to ARCI that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. Users may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. They may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of our services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of ARCI or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. Users agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
Users will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. ARCI content is not for resale. The use of the Site does not entitle Users to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. Protected content may be used solely for personal use, and will make no other use of the content without the express written permission of ARCI and the copyright owner. Users agree they do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of ARCI or our licensors except as expressly authorized by these Terms.v
✱ Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group collectively, “Communication Services”. Users agree to the Communication Services only to post, send and receive messages and or material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, Users agree when using a Communication Service, they will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless they own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
ARCI has no obligation to monitor the Communication Services. However, ARCI reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. ARCI reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
ARCI reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ARCI’s sole discretion.
All Users should practice caution when giving out any personally identifying information either about themselves, children, or others in any Communication Service. ARCI does not control or endorse the content, messages or information found in any Communication Service and, therefore, ARCI specifically disclaims any liability with regard to the Communication Services and any actions resulting from Users participation in any Communication Service. Managers and hosts are not authorized ARCI spokespersons, and their views do not necessarily reflect those of ARCI.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. Users are responsible for adhering to such limitations if uploading the materials.
✱ Materials Provided to ARCI or Posted to the Site
ARCI does not claim ownership of the materials provided by Users to the Site, including feedback, suggestions, posts, uploads, input or submit to any ARCI Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submissions, Users are granting ARCI, our affiliated companies and necessary sublicensees, permission to use your Submissions in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Users Submissions; and to publish your name in connection with Users Submissions.
No compensation will be paid with respect to the use of Users Submissions, as provided herein. ARCI is under no obligation to post or use any Submission Users may provide and may remove any Submission at any time at ARCI’s sole discretion.
By posting, uploading, inputting, providing or submitting Submissions, Users warrant and represent they own or otherwise control all of the rights to the Submission as described in this section including, without limitation, all the rights necessary for Users to provide, post, upload, input or submit the Submissions.
✱ International Users
The Site is controlled, operated and administered by ARCI from our offices within the USA. If you access the Site from a location outside the USA, Users are responsible for compliance with all local laws. Users agree that they will not use ARCI’s Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
✱ Indemnification
Users agree to indemnify, defend and hold harmless ARCI, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any Users postings made by the User, User violation of any terms of this Agreement or their violation of any rights of a third party, or Users violation of any applicable laws, rules or regulations. ARCI reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, in which event said User will fully cooperate with ARCI in asserting any available defenses.
✱ Arbitration
In the event all parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. All parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
✱ Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. All Parties agree that a Party may bring claims against the other only in each’s individual capacity, and not as a plaintiff or class member in any putative class, collective and/or representative proceeding, such as in the form of a private attorney general action against the other. Further, unless both User and ARCI agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
✱ Liability Disclaimer
The information, software, products, and services included in or available through the Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. ARCI and/or its suppliers may make improvements and/or changes in the Site at any time.
ARCI and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. ARCI and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall ARCI and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability, or otherwise, even if ARCI or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to all Users. If dissatisfied with any portion of the site, or with any of these terms of use, Users sole and exclusive remedy is to discontinue using the site.
✱ Termination/Access Restriction
ARCI reserves the right, in its sole discretion, to terminate a Users access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and Users hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
Users agree that no joint venture, partnership, employment, or agency relationship exists between them and ARCI as a result of this agreement or use of the Site. ARCI’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ARCI’s right to comply with governmental, court and law enforcement requests or requirements relating to the use of the Site by Users or information provided to or gathered by ARCI with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the User and ARCI with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and ARCI with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the Parties that this agreement and all related documents be written in English.
✱ Changes to Terms
ARCI reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. ARCI encourages you to periodically review the Terms to stay informed of our updates.
✱ Contact Us
We at ARCI welcome any questions or comments regarding the Terms.
Address: 10255 Evendale Commons Drive Cincinnati OH 45241
Email:
Effective as of September 24th, 2024.