The Effective Date of these Terms of Use is **January 22nd, 2020**
These Terms of Use (“Terms”) apply to AmericanRealPublishing.com and all other websites, applications, online services, and other interactive features or downloads that post a link to these Terms, whether accessed via computer, mobile device or otherwise (collectively, “**Sites,**” and individually, a “Site”). The Sites are owned or controlled by Incubate Media, LLC. or one of its affiliated companies (collectively, “**ARP**”).
The Information We Collect:
Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Sites, including past, present and future versions, domain names, source and object code and the “look and feel” of the Sites (“**Site Content**”) are owned, controlled or licensed by ARP, its subsidiaries or affiliates, and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties.
The Site Content may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, except with the express permission of ARP as is expressly in these Terms.
*Any unauthorized use of the Site Content is prohibited.
*Reporting Copyright and Other Intellectual Property Violations
You may not use a Site for any purpose or in any manner that infringes the rights of any third party. ARP encourages you to report any content on a Site that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on a Site infringes your copyright, trademark, or other intellectual property rights, please email: info@americanrealpublishing.com
The Way We Use Information
*To The Maximum Extent Permitted By Applicable Law, The Sites, Including, Without Limitation, The Site Content, And Any Products Sold Or Licensed By ARP Through The Site, Are Provided On An “As Is”, “As Available” And “With All Faults” Basis. To The Fullest Extent Permissible By Applicable Law, ARP And Its Parent Companies, Affiliated Entities, Vendors And The Directors, Officers, Employees Or Other Representatives Of Each Of Them (Collectively, The “ARP Parties”) Make No Representations Or Warranties Or Endorsements Of Any Kind Whatsoever, Express Or Implied, As To: (A) The Sites And The Site Content; (B) Products Sold Or Licensed By ARP Through The Site; (C) User Content; And/Or (D) Security Associated With The Transmission Of Information To ARP Or Via The Site. In Addition, To The Fullest Extent Permissible By Applicable Law, The ARP Parties Hereby Disclaim All Warranties, Express Or Implied, Including, But Not Limited To, The Warranties Of Merchantability, Fitness For A Particular Purpose, Non-Infringement, Title, Custom, Trade, Quiet Enjoyment, System Integration And Freedom From Computer Virus.
*The ARP Parties Do Not Represent Or Warrant That The Sites Will Be Error-Free Or Uninterrupted; That Defects Will Be Corrected; Or That The Sites Or The Server That Makes The Sites Available Is Free From Any Harmful Components, Including, Without Limitation, Viruses. The ARP Parties Do Not Make Any Representations Or Warranties That The Information (Including Any Instructions) On The Sites Are Accurate, Complete, Or Useful. You Acknowledge That Your Use Of The Sites Is At Your Sole Risk. The ARP Parties Do Not Warrant That Your Use Of A Site Is Lawful In Any Particular Jurisdiction, And The ARP Parties Specifically Disclaim Such Warranties.
*By Accessing Or Using A Site You Represent And Warrant That Your Activities Are Lawful In Every Jurisdiction Where You Access Or Use The Site.
*The ARP Parties Do Not Endorse User Content Or Collaborative Content And Are Not Responsible For User Content Or Collaborative Content.
Limitation of Liability; Waiver
*Under No Circumstances Will The ARP Parties Be Liable To You Or Anyone Else For Indirect, Economic, Special, Incidental Or Consequential Loss Or Damages Related To: (A) The Sites Or The Site Content; (B) User Content; (C) Your Use Of, Inability To Use, Or The Performance Of The Site; (D) Action Taken In Connection With An Investigation By The ARP Parties Or Law Enforcement Authorities Regarding Your Use Of The Site; (E) Action Taken In Connection With Copyright Or Other Intellectual Property Owners; (F) Any Errors Or Omissions In The Site’s Technical Operation; Or (G) Any Damage That Results From Events Beyond Our Reasonable Control, Such As Damages To Any User’s Computer, Mobile Device, Or Other Equipment Or Technology Including, Without Limitation, Damage From Any Security Breach Or From Any Virus, Bugs, Tampering, Fraud, Error, Omission, Interruption, Defect, Delay In Operation Or Transmission, Computer Line Or Network Failure Or Any Other Technical Or Other Malfunction, Including, Without Limitation, Damages For Lost Profits, Loss Of Goodwill, Loss Of Data, Work Stoppage, Accuracy Of Results, Or Computer Failure Or Malfunction, Even If Foreseeable Or Even If The ARP Parties Have Been Advised Of Or Should Have Known Of The Possibility Of Such Damages. However, In No Event Will The ARP Parties Total Liability To You For All Damages, Losses Or Causes Or Action Exceed The Amount Paid By You, If Any, To ARP For A Product Or Service Ordered Through The Sites Or, In The Event There Has Been No Amounts Paid By You, The Amount Of Ten United States Dollars ($10.00). The Prior Limitation On Damages Is Not Intended To Limit The ARP Parties’ Obligation To Pay Prevailing Party Costs Or Fees If Recoverable Pursuant To Applicable Law. The Limitations Set Forth In This Section Will Not Limit Or Exclude The ARP Parties’ Liability For Personal Injury Or Property Damage Caused By ARP Parties, Or For The ARP Parties’ Gross Negligence, Fraud Or Intentional, Willful, Malicious Or Reckless Misconduct.
*You Agree That In The Event You Incur Any Damages, Losses Or Injuries That Arise Out Of ARP’s Acts Or Omissions, The Damages, If Any, Caused To You Are Not Irreparable Or Sufficient To Entitle You To An Injunction Preventing Any Exploitation Of Any Web Site, Book, Property, Product, Program, Service, Or Other Audio/Visual Content Owned Or Controlled By The ARP Parties, And You Will Have No Rights To Enjoin Or Restrain The Development, Production, Distribution, Advertising, Exhibition Or Exploitation Of Any Web Site, Property, Product, Service, Or Other Site Content Owned Or Controlled By The ARP Parties.
By Accessing The Site, You Understand That You May Be Waiving Rights With Respect To Claims That Are At This Time Unknown Or Unsuspected, And In Accordance With Such Waiver, You Acknowledge That You Have Read And Understand, And Hereby Expressly Waive, The Benefits Of Section 1542 Of The Civil Code Of California, And Any Similar Law Of Any State Or Territory, Which Provides As Follows: “A General Release Does Not Extend To Claims Which The Creditor Does Not Know Or Suspect To Exist In His Favor At The Time Of Executing The Release, Which If Known By Him Must Have Materially Affected His Settlement With The Debtor.”
*Indemnification
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold the ARP Parties harmless from and against any and all claims, damages, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys’ fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) your User Content; (b) your use of the Sites or activities in connection with the Sites; (c) your breach or anticipatory breach of these Terms; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) the ARP Parties’ use of your information as permitted under these Terms, the Privacy Policy, or any other written agreement between you and ARP. You will cooperate as fully required by the ARP Parties in the defense of any claim. The ARP Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the ARP Parties.
*Our Right to Update These Terms
ARP reserves the right to modify or add to these Terms at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Sites so that they are accessible via a link on the homepage or otherwise, and that your use of a Site after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using a Site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of a Site from that point forward.