Terms and Conditions

Welcome to the Arcadiapublishing.com website (the "Arcadiapublishing.com Site"), a website owned and operated by Arcadia Publishing, Inc. ("Arcadia Publishing"). The terms and conditions stated below, along with the policies and guidelines located throughout the Arcadiapublishing.com Site (collectively herein the "Terms of Use") identify what you, as a user of the Arcadiapublishing.com Site ("you" or "User") can expect from Arcadia Publishing, Inc., its parent, subsidiaries, and affiliates (together referred to herein as "Arcadia Publishing"), and/or persons who provide products or services to Arcadia Publishing customers either directly or through the Arcadiapublishing.com Site ("Arcadiapublishing.com Providers") and what Arcadia Publishing in turn expects from Users. By visiting any area on the Arcadiapublishing.com Site, creating an account, making a purchase via the Arcadiapublishing.com Site, joining any Arcadia Publishing online interactive community, such as Book Clubs, posting a review or creating a profile, or otherwise joining, viewing, visiting or contributing to Arcadia Publishing user forums or interactive features (all of the foregoing are sometimes referred to in this document as the "Arcadiapublishing.com Services"), a User is deemed to have accepted the Terms of Use. If you do not agree to be bound by these Terms of Use and to follow all applicable laws, you should leave the Arcadiapublishing.com Site immediately.

  • I. LICENSES AND RESTRICTIONS
  • II. TRADEMARKS
  • III. CONTENT
  • IV. PRICES
  • V. AGE OF USERS
  • VI. TERMINATION OF USAGE
  • VII. INDEMNITY
  • VIII. PASSWORD AND ACCOUNT SECURITY
  • IX. INTERACTIVE COMMUNITY
  • X. NOTICES
  • XI. DISCLAIMERS AND LIMITATION OF LIABILITY
  • XII. SEVERABILITY
  • XIII. APPLICABLE LAW; JURISDICTION
  • XIV. DISPUTE RESOLUTION
  • XV. DIGITAL MILLENIUM COPYRIGHT ACT
  • XVI. ADDITIONAL TERMS AND CONDITIONS
  • XVII. ACKNOWLEDGMENT
  • XVIII. MODIFICATION
  • XIX. MOBILE TERMS OF SERVICE

I. LICENSES AND RESTRICTIONS

Arcadia Publishing grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with Arcadia Publishing) of the contents of the Arcadiapublishing.com Site. Additional terms and conditions apply to User Created Content, as that term is defined in Section XII below. Arcadia Publishing further grants the User a limited, nonexclusive and revocable right to create a hyperlink to the Arcadiapublishing.com Site so long as the link does not portray Arcadia Publishing, its subsidiaries, and affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter. The foregoing licenses do not include any rights to:

  • modify, download (other than page caching, reproduce, copy, or resell the Arcadiapublishing.com Site, the Content or any portion or derivative thereof;
  • Commercially use the Arcadiapublishing.com Site, the Content or any portion derivative thereof (unless User has a business relationship with Arcadia Publishing);
  • copy or download any User's account or profile information for the benefit of any third party;
  • enable high volume, automated, electronic processes that apply to the Arcadiapublishing.com Site or its systems, the Content or any portion or derivative thereof;
  • use any robot, spider, data miner, crawler, scraper or other automated means to access or index the Arcadiapublishing.com Site or its systems, the Content or any portion or derivative thereof for any purpose;
  • interfere or attempt to interfere with the proper working of the Arcadiapublishing.com Site;
  • bypass any measures used by Arcadia Publishing to prevent or restrict access to any portion of the Site, the Content or any portion or derivative thereof;
  • frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Arcadia Publishing;
  • use Arcadia Publishing’s name, trademarks, services marks or logos in any Meta tags or any other "hidden text" or
  • compile, repackage, disseminate or otherwise use data extracted from the Arcadiapublishing.com Site.
  • The foregoing are expressly prohibited; the right to do any of the foregoing shall require Arcadia Publishing's express written consent (which may include a written agreement signed by an authorized representative of Arcadia Publishing). Any unauthorized use of the Arcadiapublishing.com Site, the Content or any portion or derivative thereof shall terminate any license or permission granted by Arcadia Publishing.

II. TRADEMARKS

Arcadia Publishing, or its parent, subsidiaries, or affiliates, or third parties from whom Arcadia Publishing has permission, own the trademarks or service marks that are used on the Arcadiapublishing.com Site. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Arcadia Publishing and its licensors may not be used without prior written consent of Arcadia Publishing or its licensor, as the case may be. Without limiting the foregoing, no Arcadia Publishing trademark or trade dress may be used in connection with any product or service that is not Arcadia Publishing’s, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Arcadia Publishing.

III. CONTENT

Proprietary Rights

User acknowledges that the Arcadiapublishing.com Site contains Content, that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is or may be copyrighted as a collective work under the U.S. copyright laws, and Arcadia Publishing owns a copyright in the selection, coordination, arrangement, and enhancement of such Content on the Arcadiapublishing.com Site. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any such Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other property right. In addition to the foregoing.

Third-Party Content

Arcadia Publishing is a distributor and not a publisher of Content supplied by third parties and Users. Arcadia Publishing has no editorial control over such third party Content And Users Arcadia Publishing is not obligated to review third party Content, including User Created Content, as that term is defined in Section XII below. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content, including User Created Content, expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of Arcadia Publishing or any Arcadiapublishing.com Provider, unless expressly stated otherwise. Neither Arcadia Publishing nor any Arcadiapublishing.com Provider makes any representation, warranty or guarantee on the accuracy, completeness, or usefulness of any third party Content unless otherwise expressly stated. In many instances, the Content, including User Created Content, available through the Arcadiapublishing.com Site represents the opinions and judgments of the third party that provides such Content. Under no circumstance shall either Arcadia Publishing or any Arcadiapublishing.com Provider be liable for any loss, damage or harm caused by a User's reliance on information obtained through the Arcadiapublishing.com Site. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content, including User Created Content, available through the Arcadiapublishing.com Site.

V. PRICES

The price for an item on the Arcadiapublishing.com Site may differ from the price shown in a User's shopping cart and it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the Arcadiapublishing.com Site. If the price for the item on the Arcadiapublishing.com Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of Arcadia Publishing, Arcadia Publishing may either (i) contact the User for instructions before shipping the item or charging the User for such item; (ii) cancel the order for such item and notify the User of such cancellation; or (iii) ship the item at the incorrect price to the benefit of the User. Please note that this policy regarding prices applies only to items sold and shipped by Arcadia Publishing.

VIII. AGE OF USERS

Our products and services are marketed for and directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 ("Minors") are not permitted to use Arcadia Publishing websites without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on our websites. Should we learn that someone under the age of 13 has provided any personal information to or on any of the Arcadia Publishing websites, we will remove that information as soon as possible.

IX. TERMINATION OF USAGE

Arcadia Publishing may issue a warning, temporarily suspend, indefinitely suspend or terminate any User's right to use or access all or any part of the Arcadiapublishing.com Site including any account thereon, without notice, for any reason in Arcadia Publishing 's sole discretion, including without limitation violation of the Terms of Use, Arcadia Publishing 's belief that such access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, Arcadia Publishing, any Arcadiapublishing.com Provider or another User. In certain cases, in Arcadia Publishing 's sole discretion, Arcadia Publishing may provide written notice (a "Restriction Notice") to a User (a "Restricted User") to inform such Restricted User that (i) his or her right to use or access any part of the Arcadiapublishing.com Site has been terminated including the right to use, access or create any account thereon; (ii) that Arcadia Publishing refuses to provide any services to such Restricted User; and (iii) any subsequent orders placed by a Restricted User will be subject to cancellation. Other conditions may apply and shall be set forth in the Restriction Notice.

X. INDEMNITY

User agrees to indemnify and hold Arcadia Publishing harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of such User's use of the Arcadiapublishing.com Site, the Arcadiapublishing.com Services, and breach of the Terms of Use or User's violation of any law or the rights of a third party.

XI. PASSWORD AND ACCOUNT SECURITY

Every User that has an account on the Arcadiapublishing.com Site is responsible for (i) keeping his or her account password confidential and secured, (ii) avoiding unauthorized access to such User's computer; and (iii) keeping the e-mail address associated with that account current (User acknowledges that it is important to keep the e-mail address associated with his or her account current because although the User may be able to log into his or her Arcadia Publishing account using an old e-mail address, such User will not receive messages from Arcadia Publishing about his or her orders and inquiries or other matters). User accepts full responsibility for all activities that occur within such User's Arcadia Publishing account or within the Arcadiapublishing.com Site interactive community.

XII. INTERACTIVE COMMUNITY

The Arcadiapublishing.com Site offers numerous opportunities for interactive activities, which enable Users to communicate with each other directly, or which enable Users to post information and other material that will be visible to other Users of those services ("Interactive Community"). This Section XII, Interactive Community, applies to the activities of persons who are using interactive services on the Site ("Interactive Community Users"). The scope of these services may change from time to time, with or without notice. You are using Interactive Community services if you view or participate in the Arcadia Publishing blogs, post a review, create a list, create a profile, submit any User Created Content, as defined below, or otherwise participate in any interactive feature. Interactive Community services may be used only for lawful purposes in accordance with these Terms of Use. If you are using any Arcadiapublishing.com Site Interactive Community services, and post, publish or communicate any information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material on through the Interactive Community services, please choose carefully the information that you post and/or provide to other Users ("User Created Content"). User is prohibited from posting on or transmitting through the Arcadiapublishing.com Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law. Arcadia Publishing reserves the right, in its sole discretion, to reject, refuse to post or remove any posting or other User Created Content (including private messages) by you, or to deny, restrict, suspend, or terminate access to all or any part of the Interactive Community services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Arcadia Publishing reserves the right, in its sole discretion, to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Interactive Community services for any reason. If you become aware of misuse of the Interactive Community services, including any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violates any applicable law, please activate the Flag feature on the page in question. Notwithstanding the foregoing, Arcadia Publishing assumes no responsibility for ongoing monitoring of the Arcadiapublishing.com Site or for removal or editing of any User Created Content, even after receiving notice. Arcadia Publishing assumes no liability for any action or inaction with respect to conduct, communication, or User Created Content within the Interactive Community. The Arcadiapublishing.com Site online Interactive Community is not designed for use by Minors. No children under the age of 13 are permitted to register or create user profiles; and individuals’ ages 13 through 18 must participate in the community only under the supervision of a parent or legal guardian. Numerous informational and commercial resources (such as computer hardware, software, or filtering services) are available to help parents keep their children safe online. If you are interested in learning more about these resources, information is available at many sites providing information on such protections. Arcadia Publishing does not specifically sponsor or endorse any of these sites or their services. You may not post User Created Content that: involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; contains restricted or password only access pages or hidden page or images (those not linked to or from another accessible page); solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; involves commercial activities and/or sales such as contests, sweepstakes, barter, advertising, or pyramid schemes; includes a photograph or video of another person that you have posted without that person's consent; circumvents or modifies, or attempts to circumvent or modify, or encourages or assists any other person in circumventing or modifying any security technology or software that is part of the Arcadiapublishing.com Site; involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; covers or obscures the banner advertisements on your personal profile page; involves any automated use of the Arcadiapublishing.com Site, such as, but not limited to, using scripts to add friends or send comments or messages; interferes with, disrupts, or creates an undue burden on the Arcadiapublishing.com Site or the networks or services connected to the Interactive Community services; impersonates or attempts to impersonate another Interactive Community User, person or entity; uses the account, username, or password of another Interactive Community User at any time or discloses your password to any third party or permits any third party to access your account; sells or otherwise transfers your profile; uses any information obtained from the Arcadiapublishing.com Site in order to harass, abuse, or harm another person or entity, or attempting to do the same. Interactive Community Users may upload to or otherwise submit to Arcadia Publishing for distribution on the Arcadiapublishing.com Site only (i) User Created Content that is not subject to any copyright or other proprietary rights restrictions; or (ii) User Created Content in which the owner or licensor has given express authorization for Arcadia Publishing to distribute over the Internet. You may not upload, embed, post, e-mail, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Any copyrighted or other proprietary User Created Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." Arcadia Publishing is entitled to presume that all User Created Content conforms to the foregoing requirements. The unauthorized submission of copyrighted or other proprietary User Created Content is illegal and could subject the User to personal liability for damages in a civil suit as well as criminal prosecution. Interactive Community Users assume all liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from an unauthorized submission or submission of User Created Content. Arcadia Publishing assumes no liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from any User Created Content. By submitting User Created Content within the Interactive Community, Interactive Community Users automatically grant, or represent and warrant that the owner or authorized licensor of such User Created Content has expressly granted Arcadia Publishing, the royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, modify, delete, enhance and distribute the User Created Content in whole or in part worldwide and/or to incorporate such User Created Content in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such User Created Content. Subject to this grant, the licensor of User Created Content submitted to Arcadia Publishing retains any and all rights which may exist in such User Created Content.

XIII. NOTICES

User consents to receive electronic communications from Arcadia Publishing, whether addressed to the e-mail address associated with such User's Arcadia Publishing account or posted on the Arcadia Publishing Site. User acknowledges and agrees that any communication via e-mail or by postings on this Arcadiapublishing.com Site satisfies any legal requirement that such communications be made in writing.

XIV. DISCLAIMERS AND LIMITATION OF LIABILITY

Arcadia Publishing is not responsible for and makes no warranties, express or implied, as to any Content appearing on or accessed through the Site, including without limitation, any User Created Content or the accuracy and reliability of the Content, including User Created Content, posted on the Arcadiapublishing.com Site or through the Arcadiapublishing.com Services, whether caused by Users of the Arcadiapublishing.com Site or the Arcadiapublishing.com Services or by any of the equipment or programming associated with or utilized in the Arcadiapublishing.com Site or the Arcadiapublishing.com Services. Content, including User Created Content, does not necessarily reflect the opinions or policies of Arcadia Publishing. Profiles and third party applications created and posted by Users on the Arcadiapublishing.com Site may contain links to other websites. Arcadia Publishing is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Arcadia Publishing. Inclusion of any linked website on the Arcadiapublishing.com Services does not imply approval or endorsement of the linked website by Arcadia Publishing. When you access these third party sites, you do so at your own risk. Arcadia Publishing takes no responsibility for third party advertisements or third party applications that are posted on or through the Arcadiapublishing.com Site or the Arcadiapublishing.com Services, nor does it take any responsibility for the goods or services provided by its advertisers Arcadia Publishing is not responsible for the conduct, whether online or offline, of any User of the Arcadiapublishing.com Site or the Arcadiapublishing.com Services. Arcadia Publishing assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, and any User communication. Arcadia Publishing is not responsible for any problems or technical malfunction of the Arcadia Publishing Software, or any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the Internet or on any of the Arcadiapublishing.com Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Arcadiapublishing.com Site or Services. Under no circumstances shall Arcadia Publishing be responsible for any loss or damage, including personal injury or death, resulting from use of the Arcadiapublishing.com Site or Services, from any Content, including User Created Content, posted on or through the Arcadiapublishing.com Services, from the Arcadia Publishing Software, or from the conduct of any Users of the Arcadiapublishing.com Site or Arcadiapublishing.com Services, whether online or offline. Arcadia Publishing does not guarantee the continuous, uninterrupted or secure access to the Arcadiapublishing.com Site, or any related services. The operation of the Arcadiapublishing.com Site may be interfered with by numerous factors outside the control of Arcadia Publishing. Under no circumstances shall Arcadia Publishing or any Arcadiapublishing.com Provider be liable for any damages that result from the use of or inability to use the Arcadiapublishing.com Site, including but not limited to reliance by a User on any information obtained from the Arcadiapublishing.com Site or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to Arcadia Publishing’s records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content, including User Created Content, merchandise, and services available through the Arcadiapublishing.com Site. Neither Arcadia Publishing nor any Arcadiapublishing.com Provider will be liable for any indirect, incidental, special or consequential damages arising from the use of the Arcadiapublishing.com Site, or the purchase or download of any Content, or product therefrom, even if Arcadia Publishing or any Arcadiapublishing.com Provider have been advised of the possibility of such damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to a User, some or all of the above disclaimers, exclusions, or limitations may not apply to such User, and such User may have additional rights.

XV. SEVERABILITY

The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. The failure of Arcadia Publishing to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

XVI. APPLICABLE LAW; JURISDICTION

The Arcadiapublishing.com Site is created and controlled by Arcadia Publishing in the State of South Carolina. The laws of the State of South Carolina will govern the Terms of Use, without giving effect to any principles of conflicts of laws. Each of Arcadia Publishing and User agrees to submit to the nonexclusive personal jurisdiction of the courts located within New York County, New York and waives any objection to the laying of venue of any litigation in said courts.

XVII. DISPUTE RESOLUTION

Any claim or controversy at law or equity that arises out of the Terms of Use, the Arcadiapublishing.com Site or any Arcadiapublishing.com Service (each a "Claim"), shall be resolved through binding arbitration conducted by telephone, online or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Alternatively, at Arcadia Publishing’s sole option, a Claim (including Claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in Charleston County, South Carolina. Any Claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise. You are solely responsible for your interactions with other Users. Arcadia Publishing reserves the right, but has no obligation, to become involved in any way with disputes between you and other Users. Each of the parties hereby knowingly, voluntarily and intentionally waives any right it may have to a trial by jury in respect of any litigation (including but not limited to any claims, counterclaims, cross-claims, or third party claims) arising out of, under or in connection with these Terms of Use. Further, each party hereto certifies that no representative or agent of either party has represented, expressly or otherwise, that such party would not in the event of such litigation, seek to enforce this waiver of right to jury trial provision. Each of the parties acknowledges that this section is a material inducement for the other party entering into these Terms of Use.

XVIII. DIGITAL MILLENNIUM COPYRIGHT ACT

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Arcadia Publishing, including User Created Content, infringe your copyright, you (or your agent) may send Arcadia Publishing a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Arcadia Publishing to locate the material on the Arcadia Publishing Site; (d) the name, address, telephone number and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Arcadia Publishing a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be sent to: , Chief Executive Officer, Arcadia Publishing Inc., 201 Wingo Way, Suite 200, Mount Pleasant, SC, 29464. Arcadia Publishing suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

XIX. ADDITIONAL TERMS AND CONDITIONS

In addition to the policies and guidelines located throughout the Arcadiapublishing.com Site, the following policies are incorporated into the Terms of Use: Privacy Policy: Privacy Policy(also accessible via a link on the bottom of the Arcadiapublishing.com Site pages)

XX. ACKNOWLEDGMENT

The Terms of Use, including all documents referenced herein, represents the entire understanding between User and Arcadia Publishing regarding User's relationship with Arcadia Publishing and supersedes any prior statements or representations. Headings used in the Terms of Use are for reference only and shall not affect the meaning of any terms. "Including" means "including, without limitation."

XXI. MODIFICATION

Arcadia Publishing reserves the right to make changes to the Arcadiapublishing.com Site, posted policies and Terms of Use at any time without notice or liability.

XIX. MOBILE TERMS OF SERVICE

The Arcadia Publishing mobile message service (the "Service") is operated by Arcadia Publishing (“Arcadia Publishing”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes. By consenting to Arcadia Publishing’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Arcadia Publishing through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders). You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Arcadia Publishing. Your participation in this program is completely voluntary. We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider. You may opt-out of the Service at any time. Text the single keyword command STOP to +18882620017 in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Arcadia Publishing mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to +18882620017 or email customerservice@arcadiapublishing.com. We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages. The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service. We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.