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Terms
of Service
1. ACCEPTANCE OF TERMS
ARTAN MEDIA GROUP, INC. provides service to you at RELOCAT.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.relocat.com/tos.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. CLADS 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.relocat.com/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. CLADS'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) 682-2902
Fax: (702) 920-8988
E-Mail: executive@relocat.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@relocat.com.
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