3. Subscriptions and Billing.
a. Some services offered on the Star Wars Site are subscription-based services ("Subscription Services"). All references to the Site, and all terms and conditions applicable thereto, include reference to the Subscription Services. If you open a subscription-based account with any of our Sites, you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. We reserve the right to change the amount of, or basis for determining, any fees or charges for services we provide, and to institute new fees, charges, or terms effective upon prior notice to customers. Any changes to fees will apply on a prospective basis. If you do not agree to any such changes to fees, charges, or terms, your sole remedy will be to terminate your subscription. You will receive notice of any fee change at least 30 days before the scheduled date of the transaction and failure to cancel your account as set forth below will constitute acceptance of such fee change. You are solely responsible for and must provide all telephone and other equipment necessary to access the Service including without limitation Internet access software, modems and connectivity. We reserve the right to terminate any account at any time for any reason.
e. As part of the registration process, the Master Account and each person with a Subaccount will select a password and member name ("Member Name"). Arta reserves the right to cancel any Member Name if in Arta's sole discretion the name is objectionable or offensive in any way or uses the intellectual property rights of any other person, or is used or capable of use for impersonating another person. You are responsible for maintaining the confidentiality of your password. You may not share your username and password with anyone. Each user of Subscription Services must have their own personal account. Unauthorized provision of access to Subscription Services or any content provided as part of the Subscription Service is a violation of Arta's rights and will result in termination of your account and possible legal action. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password, or any credit, debit or charge card number), you will immediately notify the Billing Service Company of the problem to avoid possible liability for any unauthorized charges to your account.
g. You will not be entitled to a refund during service outages that are caused by our maintenance on the servers or the technology that underlies the Subscription Service, failures of our service providers (including telecommunications, hosting and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, an act of God, war, civil disturbance or other cause beyond our control.
h. Please Note: Your Subscription will be automatically renewed and your credit card account (or other Payment Method account) will be charged as follows without further authorization from you:
(i) Every month for monthly subscriptions.
(ii) Upon every one (1) year anniversary for annual subscriptions.
(iii) Such other periodic rate you have selected from among the options offered by Arta.
(iv) The renewal fee shall be equal to the original signup price, unless otherwise notified in advance of the renewal date that the price will be different. For annual subscriptions, you will have thirty (30) days after the date that any renewal fee is posted to your Payment Method account to give notice that you want to cancel your subscription, and the subscription will be cancelled upon receipt of such notification and a credit will be posted to your Payment Method account equal to the latest renewal fee charged. For monthly accounts or other accounts with a periodic subscription cycle of less than one year, there are no refunds for cancellations. For monthly subscriptions, you must notify the Billing Service Company at least 15 days prior to the first day of the next calendar month to avoid being charged the renewal fee for such month. For all other subscriptions, you must notify the Billing Service Company at least 15 days prior to the first day of the next subscription period to avoid being charged the renewal fee for such subscription period.
(v) Authorization to charge your Payment Method account will remain in effect until you notify the Billing Service Company (in writing upon request) of termination of this authorization or of a change to your selected Payment Method; provided, that such notice will not affect charges submitted before the Billing Service Company could reasonably act. Your non-termination or continued use reaffirms that authorization to charge your Payment Method. You are required to keep your billing account information current, complete and accurate (such as a change in billing address, credit card number or expiration date) and notify the Billing Service Company if your Payment Method is cancelled (e.g., for loss or theft). If you fail to provide the foregoing information, you agree that you will continue to be charged for any product or services on your account unless you have terminated your subscription. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you ordered the applicable product or service. You agree that charges may be accumulated as incurred and may be submitted as one or more aggregate charges during or at the end of the applicable billing cycle.
(vi) We may occasionally offer promotional trial subscriptions at special discounted prices. If you sign up for a trial subscription, your subscription will be either (1) automatically renewed at the normal subscription rate in effect at the end of the trial period, unless you cancel before the end of the trial period; or (2) terminated, unless you successfully sign-up for a paid subscription, depending on the terms of your trial subscription.
(vii) We may occasionally offer promotional subscriptions to the Service that include an annual subscription to both the Service and to the Star Wars Insider fan magazine (a "Bundled Subscription"), which is published and provided by Paizo Publishing, LLC. If you sign up for a Bundled Subscription, your subscription to both the Service and the Star Wars Insider magazine will be automatically renewed annually at the normal rates for Bundled Subscriptions in effect at the time of the renewal.
i. You agree to make payment using the selected Payment Method. You agree that the Billing Service Company has the right to correct any errors or mistakes in your billing even if its has already requested or received payment, including without limitation billing you for any applicable taxes regardless whether such amounts were previously itemized on your bill. Your right to use the Subscription Service is subject to any financial limits that may be established from time to time by Arta, the Billing Service Company, or by your credit card issuer, financial institution or other provider of your chosen payment method ("Payment Method Provider"). If payment cannot be charged to your Payment Method or your charge is returned for any reason, including without limitation chargeback, Arta and/or the Billing Service Company reserve the right to either suspend or terminate your access and account without notice, thereby terminating this agreement and all obligations of Arta hereunder. If payment is not received from your Payment Method Provider, you agree to pay all amounts due on your account on demand. You agree to pay late charges that may be assessed on amounts due but not timely paid, which will be 1% per month on the total amount due but not paid, or if less the maximum rate permitted by law. You agree to pay collection costs for any delinquent amounts including reasonable attorneys' fees and costs.
4. Forums and Blogs
a. You are welcome to post, transmit or submit messages (collectively "Messages") to bulletin boards, chat rooms or other public areas within, or in connection with, this Site (collectively "Forums"). Arta accepts no responsibility whatsoever in connection with or arising from such Messages. Arta does not endorse and has no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not necessarily reviewed by Arta prior to posting and do not necessarily reflect the opinions or policies of Arta. Arta makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, Arta reserves the right to prevent you from submitting Materials to Forums and to edit, restrict or remove such Messages for any reason at any time.
b. Arta assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time Arta chooses, in its sole discretion, to monitor the Forums, Arta nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that Arta accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages. You also agree to permit any other user of this Site to access, view, store or reproduce the material for that other user's personal use and not to restrict or inhibit the use of the Site by any other person.
c. Children under the age of 13 are not authorized to post messages or participate in Forums on this Site.
d. You agree that any Message whatsoever submitted by you becomes the property of Arta and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed and published, displayed or deleted as Arta sees fit.
5. Links. This Site includes links to other Internet sites solely as a convenience to users. Arta does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, Arta makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at the user's own risk.
6. Submissions. Arta's company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. Accordingly, we must request that no visitors to this Site submit or send any original creative materials, including but not limited to submissions of scripts, story lines, fan fiction, characters, drawings, information, suggestions, ideas or concepts. If at our request you send certain specific submissions (e.g., postings to chats, surveys, message boards, contests, or similar items) or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively the "Submissions") shall be deemed and shall remain the property of Arta in perpetuity. By making any Submission, the sender automatically grants, or warrants that the owner of such material expressly grants, Arta the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) throughout the universe and/or to incorporate it in other works in any form, media or technology now known or hereafter developed, for the full term of any copyright, trademark or patent that may exist in such material for any purpose that Arta chooses, whether internal, public, commercial, or otherwise, without any compensation, credit or notice to the sender whatsoever. The sender waives all so-called "moral rights" in all Submissions. The sender further waives the right to make any claims against Arta relating to unsolicited submissions, including, but not limited to, unfair competition, breach of implied contract and/or breach of confidentiality.
7. Communications. You agree that your activities on the Site (including without limitation submission of any Messages to Forums) will not:
a. infringe Arta or any third party's copyright, trademark, trade secret or other proprietary rights or rights of publicity or privacy (and by submitting Messages to Forums, you represent to Arta that you are the rightful owner of such material or that you have first obtained permission to submit the material from the rightful owner);
b. constitute (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law or may create liability for Arta or cause Arta to lose (in whole or in part) the services of our ISPs or other suppliers;
c. transmit content Arta considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, sexually explicit, hateful, racially, ethnically or otherwise objectionable;
d. impersonate or claim the identity, characteristics or qualifications of any other person or entity; or falsely state or otherwise misrepresent your affiliation with a person or entity or are false, inaccurate or misleading;
e. unless specifically authorized by us, are for commercial purposes or contain advertising or are intended to solicit a person to buy or sell services or to make donations, including "spam" or any other form of solicitation or promotion, or link to, directly or indirectly, any sites that violate the restrictions set forth in this Section 7;
f. contain any virus or other harmful component or otherwise disrupt the normal flow of communication in or operation of the Forums in any way; or
g. are libelous, or an invasion of privacy or publicity rights or any other third party rights.
8. Disclaimer of Warranties. THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Arta DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Arta DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Arta DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT Arta) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
9. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Arta BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL,CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS ON THIS SITE OR ANY OTHER INTERACTIONS WITH Arta, EVEN IF Arta OR A Arta AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL Arta'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM) OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
10. Termination. You agree that Arta, in its sole discretion, may terminate any account (or any part thereof) you may have with us or use of the Site and remove and discard all or any part of your account or any Submissions, for any reason whatsoever in Arta's sole discretion. Arta may also in its sole discretion and at any time discontinue providing access to the Star Wars Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site or any account you may have or portion thereof may be effected without prior notice, and you agree that Arta shall not be liable to you or any third-party for any such termination.
12. International Matters. Unless otherwise specified, the materials in the Site are presented solely for the purpose of promoting programs, films, and other products available in the United States and its territories, possessions, and protectorates. Arta is controlled and operated from its United States offices in California. We make no representation that materials on the Site are appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any software from this site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
13. Disclosures. The services hereunder are offered by Arta Online, located at P.O. Box 29901, San Francisco, CA 94129-0901. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information. Our return and refund policy is described above.