SUBSCRIBER AGREEMENT
This Subscriber Agreement governs your use of the Archie Digital website located at https://www.archiedigital.com ("Website") and is a legal agreement between you ("Subscriber") and iVerse Media ("Provider").
BY PLACING A CHECK MARK IN THE "I AGREE TO THE TERMS AND CONDITIONS OF USE" CHECKBOX OR OTHERWISE USING PROVIDER’S WEBSITE, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
If you agree, place a check mark in the "I agree to the Terms and Conditions of Use" checkbox on the first page of the Website’s new account registration process. If you place a check mark in the "I agree to the Terms and Conditions of Use" checkbox without actually reading this agreement, you will nevertheless be legally bound. If you do not agree to be bound by the terms of this Agreement, do not place a check mark in the "I agree to the Terms and Conditions of Use" checkbox. If you do not place a check mark in the "I agree to the Terms and Conditions of Use" checkbox you will not be able to proceed with the Website’s registration process, will not become a subscriber of the Website, and will not be granted access to restricted content of the Website.
ACCESS TO WEBSITE CONTENT
Access to
subscriber-only content of the Website is provided to users of the
Website who register as Subscribers and who have an active
Subscription. Specifically, in consideration of Subscriber’s
completed automated recurring payment to Provider according to the
terms of the subscription plan elected by Subscriber during their new
account registration process or a subscription plan subsequently
elected by Subscriber from their existing Website account
("Subscription Plan") Subscriber will be permitted access
to that content of the Website restricted to subscribers.
AUTOMATIC CREDIT/DEBIT CARD / PAYPAL PAYMENT METHOD AGREEMENT
By accepting
this Agreement, Subscriber authorizes an automatic recurring payment
to Provider from the Subscriber’s credit, debit, bank card or PayPal
account (the "Automatic Recurring Payment Method").
AUTOMATIC RECURRING PAYMENT FAILURE
If a payment demand on Subscriber’s
Automatic Recurring Payment Method is declined, Subscriber’s
Subscription will be suspended and access to Website’s
subscriber-only content will be denied. In the event of such a
decline, Subscriber gives Provider the authority to make corrections
to any information and resubmit the demand. Provider may permanently
restrict Subscriber’s ability to use a certain payment method if that
payment method fails multiple times.
In the event that payment
is not received and Subscriber does not pay the amount due in full,
Subscriber’s subscription will be terminated and access to Website’s
subscriber-only content will be denied.
CANCELLATION OF AUTOMATIC RECURRING PAYMENT METHOD
Subscriber
understands that any Automatic Recurring Payment Method authorization
shall remain in effect until withdrawn by Subscriber or cancelled by
Provider. Refunds are not given for the balance of the current subscription period when subscriptions are cancelled.
The Subscription Plan will remain in
effect until Subscriber gives notice of cancellation to Provider and
Provider has successfully relayed such notice to their payment
provider. Please allow Provider upto 10 calendar days for processing
cancellation notices.
This authorization will stay in effect
until your Subscription Plan is paid in full.
Subscribers may
perform the following steps to cancel their Subscription:
1.
Visit https://www.archiedigital.com
2. Log-in using Subscriber’s Username and
Password
3. Click on "Subscription"
from the Login sidebar menu
4. Click on the "Cancel
Subscription" button in the "Your Subscription" box
5. Confirm that the cancellation
request was successfully accepted and executed by Provider by reading
the resulting message displayed at the top of the "Your
Subscription" box.
Once these steps are completed,
Subscriber will be sent written confirmation via e-mail within 24
hours to their email address specified in Subscriber’s Website
account. If such confirmation email is not received within this
timeframe, please send an e-mail to iversecomics@gmail.com
indicating this situation and requesting assistance. The cancellation
process must be completed within 10 business days of Subscriber’s
scheduled Subscription billing date to ensure Subscriber is not
charged for the next billing period.
Subscribers may determine the date of
their next scheduled billing of their Automatic Recurring Payment
Method by performing the following steps:
1. Visit https://www.archiedigital.com
2. Log-in using
Subscriber’s Username and Password
3. Click on "Subscription"
from the Login sidebar menu
4. Observe the form field titled "Next
billing" which specifies the date of the next scheduled billing
attempt by Provider.
Subscriber will have access to Website’s subscription-only content for the remainder of the currently paid billing period. In the event that the cancellation request is not completed (and notification has not been received at iversecomics@gmail.com) before Subscriber’s next recurring payment is processed, Subscriber’s account will be charged for the following billing period. If Subscriber fails to contact iversecomics@gmail.com regarding any problems Subscriber may experience, Provider cannot be held responsible for charges incurred.
CHANGING AUTOMATIC RECURRING PAYMENT METHOD
Subscriber can not change the
parameters of their Automatic Recurring Payment Method as specified
in the Subscription Plan they elected. However Subscriber can change
from one Subscription Plan to another by cancelling their existing
Subscription Plan and subscribing to a different Subscription Plan.
Payments due under any new Subscription Plan will begin after the
expiration of the current paid access period of the Subscriber, if
any.
Subscriber may change details of their
Automatic Recurring Payment Method, for example, changing the billing
address for a credit card, by performing the following steps:
1.
Visit https://www.archiedigital.com
2. Log-in
using Subscriber’s Username and Password
3. Click on
"Subscription"
from the Login Widget menu
4. Change details of the Automatic
Recurring Payment Method as necessary
5. Click the "Update"
button
6. Correct any form errors which are indicated by the
Form
7. Continue with steps 5 and 6 until the Form indicates that
the changes have been accepted
CHANGES TO THIS PLAN
Subscriber understands that these terms and
conditions may be amended or modified by Provider at any time with or
without notice; however, Provider will endeavor to provide reasonable
notice of any amendments or modifications.
ACCESS TO AGREEMENT
To access this Agreement in the future
through the Website, go to
"https://www.archiedigital.com/?pagename=UserAgreement".
ELECTRONIC AUTHORIZATION
This Agreement is not transferable and
must be submitted electronically by the person who purchased the
Website subscription, to activate their subscription.
SECTION II – OTHER TERMS AND CONDITIONS OF WEBSITE
LIMITATIONS ON USE
a). Only one individual may access Website at
the same time using the same username or password, unless Provider
agrees otherwise.
b). The content available through the Website
is property of the Provider, property of Provider’s licensors, or the
property of Provider’s advertisers or affiliates and is protected by
copyright and other intellectual property laws.
c). Subscriber
agrees not to sell, publish, distribute, retransmit or otherwise
provide access to the content received through the Website to
anyone.
d). Subscriber agrees not to use the Website for any
unlawful purpose. Provider reserves the right to terminate or
restrict Subscriber’s access to the Website if, in the opinion of the
Provider, Subscriber’s use of the Website may violate any laws,
infringe upon another person’s rights or violate the terms of this
Agreement. Also, Provider may refuse to grant Subscriber a username
that impersonates someone else, is protected by trademark or other
proprietary right law, or is vulgar, unsuitable or otherwise
offensive at Provider’s sole discretion.
MODIFICATION
Provider may discontinue or change the Website, or its
availability to Subscriber, at any time within Provider’s sole
discretion. Provider may also modify any of the terms and conditions
contained in this Agreement, at any time and at Provider’s sole
discretion, by either posting a change notice or a new agreement on
the Website or by giving Subscriber notice by e-mail. Modifications
may include, for example, changes in the scope of available service.
IF ANY MODIFICATION IS UNACCEPTABLE TO SUBSCRIBER, SUBSCRIBER’S ONLY
RECOURSE IS TO TERMINATE THIS AGREEMENT. Subscriber’s continued
Subscription to the Website following Provider’s posting of a change
notice or new agreement on the Website or by giving Subscriber other
notice will constitute binding acceptance of the change.
DISCLAIMERS OF WARRANTIES
PROVIDER
EXPRESSLY DISCLAIMS ALL WARRANTIES RELATED TO ANY USE OF THE WEBSITE
OR THE CONTENT AND FURTHER THAT THE WEBSITE OR CONTENT WILL MEET ANY
REQUIREMENTS OR NEEDS SUBSCRIBER MAY HAVE, OR THAT THE WEBSITE WILL
OPERATE ERROR FREE OR THAT THE CONTENT WILL BE FREE OF ANY ERRORS,
OMISSIONS, OR MISTAKES. IN ADDITION, SUBSCRIBER AGREES THAT PROVIDER
PROVIDES ACCESS TO THE WEBSITE "AS IS" AND ON AN "AS
AVAILABLE" BASIS AND MAKES NO WARRANTY WITH REGARD TO THE
SERVICES OR THE SUITABILITY OF THE SERVICES FOR SUBSCRIBER’S NEEDS.
PROVIDER SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY
REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.
THE SERVICES AND CONTENT OF THE WEBSITE
DO NOT PROVIDE INVESTMENT, FINANCIAL OR TAX ADVICE, AND SHOULD NOT BE
USED TO MAKE ANY INVESTMENT DECISIONS. PROVIDER DOES NOT ADVOCATE THE
PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT, NOR DOES PROVIDER
ENDORSE OR SPONSOR THE PRODUCTS, GOODS OR SERVICES OF ANY USER OF THE
WEBSITE. SUBSCRIBER SHOULD ALWAYS SEEK THE ASSISTANCE OF A
PROFESSIONAL FOR TAX, FINANCIAL AND INVESTMENT ADVICE.
PROVIDER
MAKES NO EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING WITHOUT
LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. SOME
JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS
DISCLAIMER MAY NOT APPLY TO SUBSCRIBER AND SUBSCRIBER MAY HAVE OTHER
LEGAL RIGHTS THAT VARY BY JURISDICTION. NO AGENT OR EMPLOYEE OF
PROVIDER IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR
ADDITIONS TO THIS WARRANTY.
LIMITATION OF LIABILITY
UNDER
NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR
OTHERWISE, SHALL PROVIDER, IT’S SUBSIDIARIES, AFFILIATED ENTITIES,
OFFICERS, EMPLOYEES, AGENTS, LICENSEES OR LICENSORS, OR ITS SUPPLIERS
OR RESELLERS (EITHER JOINTLY OR SEVERALY) BE LIABLE TO SUBSCRIBER OR
ANY OTHER PERSON, INCLUDING WITHOUT LIMITATION, FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL DAMAGES OR
OTHER LOSS OF ANY CHARACTER, RELATING TO THE WEBSITE OR ITS CONTENT,
THIS AGREEMENT OR ACTIVITIES RELATING THERETO EVEN IF PROVIDER SHALL
HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMIT OF
THE AGGREGATE LIABILITY OF PROVIDER FOR DIRECT DAMAGES SHALL NOT
EXCEED THE SUBSCRIPTOIN FEES SUBSCRIBER PAID FOR ACCESS TO THE
WEBSITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY
HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN
PROVIDER’S LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT
PERMITTED BY APPLICABLE LAW.
PRIVACY
Registration
data and other information about Subscriber is subject to Provider’s
Privacy Policy. However, any and all data collected through
Provider’s website, registration or otherwise shall belong to
Provider.
Miscellaneous Provisions: This Agreement is the
exclusive and entire agreement between Subscriber and Provider
concerning Subscriber’s use of the Website and supersedes any and all
prior or contemporaneous oral or written agreements, representations,
negotiations or other dealings between Subscriber and Provider
regarding Subscriber’s use of the Website. Subscriber agrees that
this Agreement, as well as any and all claims arising from this
Agreement will be construed, interpreted and governed by the laws of
the State of Oregon, USA, without regard to its conflict of law
provisions. The sole jurisdiction and venue for any litigation
arising out of this Agreement will be an appropriate federal or state
court located in Oregon. Disputes arising out of or relating to this
License Agreement shall be the federal and state courts sitting in
Marion County in the State of Oregon, USA.
If any part of this
Agreement is found to be void, unenforceable or invalid, it shall not
affect the other provisions of this Agreement. Provider’s failure to
enforce Subscriber’s strict performance of any provision of this
Agreement will not constitute a waiver of Provider’s right to
subsequently enforce such provision or any other provision of this
Agreement nor will it be deemed a waiver of future enforcement of
that or any other provision. This Agreement is personal to
Subscriber, which means that Subscriber may not assign their rights
or obligations, by operation of law or otherwise, under this
Agreement to anyone and no third party is a beneficiary of
Subscriber’s rights under this Agreement.
YOU ("SUBSCRIBER") AGREE THAT BY PLACING A CHECK MARK IN THE CHECKBOX BESIDE THE LABEL "I agree to the Terms and Conditions of Use" ON THE FIRST PAGE OF THE WEBSITE’S REGISTRATION PROCESS OR BY YOUR OTHER USE OF THE WEBSITE, YOU ACKNOWLEDGE AND YOU AGREE THAT: 1) YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ALL ITS TERMS AND CONDITIONS; 2) BY ACCEPTING THE AGREEMENT, THE AGREEMENT WILL BE DEEMED ACCEPTED AND SIGNED BY YOU PERSONALLY; 3) IF YOU CHECK THE "I AGREE" CHECKBOX WITHOUT ACTUALLY READING THIS AGREEMENT, YOU DO NEVERTHELESS AGREE TO BE BOUND BY IT; AND 4) YOU WARRANT AND REPRESENT THAT YOU ARE AN ADULT AND ARE NOT SUBJECT TO ANY CONDITION WHICH MAY PREVENT YOU FROM ENTERING INTO A CONTRACT.