Terms and Conditions
These Terms & Conditions will be under constant revision during www.arika.org.uk’s Beta phase (scheduled to end 31st January 2013). Please contact us if you have any questions.
1. Acceptance of Terms
Arika Heavy Industries CIC. ("Arika"), comprised of the internet site www.arika.org.uk, provides the information and services on Arika Site to you, the user, conditioned upon your acceptance, without modification, of the terms and conditions of use ("Terms") contained herein. Your use of the Arika Site constitutes agreement with such Terms.
Before using the Arika Site, please carefully read this agreement relating to your use of the Arika Site. By using the Arika Site, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use the Arika Site.
Arika reserves the right, at Arika’s sole discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon posting of the modified agreement to the website unless provided otherwise (e.g., when implementing major, substantive changes, Arika intends to provide users with up to fourteen days of advance notice). To update these Terms, Arika will post both the changed version and its effective date at www.arika.org.uk/terms-and-conditions. Your continued use of the Arika Site following the posting of changes to these Terms will mean that you accept those changes.
Use of the Arika Site constitutes full acceptance of and agreement to the Terms; if a user does not accept Arika’s Terms, he or she is not granted rights to use the Arika Site as defined herein, and should refrain from accessing the Arika Site.
Arika reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any or all Arika Sites (or any part thereof). Arika shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
2. No Unlawful or Prohibited Use
By using the Arika Site, you warrant to Arika that you will not use the Arika Site, or any of the content obtained from the Arika Site, for any purpose that is unlawful or prohibited by these Terms.
If you violate any of these Terms, your permission to use the Arika Site automatically terminates.
3. Description of Services
The Arika Site is owned and operated by Arika for the purpose of supporting the making, (public) presentation and critical discussion of experimental music, film and various other artforms, and non-artistic disciplines as we judge them to be beneficial to the advancement of those artforms (the "Purpose"). The Arika Sites provides: news, information and cultural artefacts for the cultural and community sector.
Each user, by using the Arika Site, may be exposed to Content that is offensive, indecent or objectionable. Each user 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.
5. No Resale of Service
You agree not to sell, resell, or offer for any commercial purposes, any portion of the Arika Site, use of the Arika Site, or access to the Arika Site without prior written agreement.
Arika, any Arika Site or a third party may provide links to other websites. Arika exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon.
Arika shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk.
7. Indemnity; Disclaimer; Limitation of Liability
Each user will be solely responsible for any damage to his or her computer system or loss of data that results from the download of any material from the Arika site. Arika 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.
Specifically, Arika makes no warranty that:
(i) The Arika site or any service thereon will meet your requirements,
(ii) any user access will be uninterrupted, timely, secure or error-free,
(iii) the quality of any content, products, services, information or other material obtained by any user will meet his or her expectations, and
(iv) any errors in the software will be corrected.
Excluding only damages arising out of Arika’s gross negligence or willful misconduct, Arika 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 such damages, resulting from any user’s use or inability to use any Arika sites or services thereon; the cost of procurement of substitute services; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on the Arika sites; or any other matter relating to the Arika Site. In no event shall Arika’s total cumulative liability to any user or other party under these terms of service or otherwise exceed £1,000.00. Some jurisdictions do not allow the exclusions of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between Arika and any user or other person or entity nor do these terms of service extend rights to any third party. As noted above, Arika does not and cannot control the rights to any third party. As noted above, Arika does not and cannot control the actions of Arika Site users, visitors or linked third parties. We reserve the right to report any malfeasance that comes to our attention to the appropriate authorities. We do not guarantee continuous, uninterrupted or secure access to the Arika Site. Operation of the Arika Site may be subject to interference from numerous factors outside our control. Further, scheduled and preventive maintenance as well as required and emergency maintenance work may temporarily interrupt services or access to the website. The disclaimers of warranty and limitations of liability apply, without limitation, to any damages or injury caused by the failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alternation of or use of any asset, whether arising out of breach of contract, tortuous behavior, negligence or any other course of action by Arika.
Please report any violations of the Terms (except for claims of intellectual property infringement) to the Arika Site Director.
The www.arika.org.uk site is managed by Arika Heavy Industries CIC. This policy explains:
* how we use information you give to us; and
* how we protect your privacy.
This policy only applies to those resources within the www.arika.org.uk domain.
The Data Protection Act
Under the Data Protection Act, we have a legal duty to protect any information we collect from you.
We use leading technologies and encryption software to safeguard our data, and strict security standards to prevent any unauthorised access to it. We do not pass on your details to any third party unless you give us permission to do so.
What information do we collect?
We collect three kinds of information from visitors to www.arika.org.uk:
* feedback (through our Contact Us form);
* email addresses (through our Mailing List Sign Up form)
* site usage information, from various analytical programmes
Comments and questions
We welcome your feedback. You can contact us by email.
If you send an email or letter to our team asking for information, we may need to contact other associates to find the answer. If your question is technical, we may need to pass it to our technology suppliers. We do include your personal information when dealing with your enquiry. When our team has replied to you, they keep a record of your message for 3 months for reference and audit purposes, after which it is deleted.
Arika use Google Analytics, Sharethis, and the individual analytics tools on social networking sites (such as Facebook and Twitter) to track how the Arika site is used by users and visitors. This information assists us in the creation of future content for the site, and to report back to our public funding bodies. Usage stats and information will never be sold, or passed on to, any other parties than these.
What happens when I click on a link to another site?
Regularly reviewing this page ensures you are always aware of the information we collect, how we use
it, and under what circumstances, if any, we will share it with other parties.
Version: 1.2 October 2012
We'd like to take this opportunity to thank our good pals at Mute Magazine, who helped us enormously during the drafting of these Terms & Conditions.