ArcticFX Graphics | Terms of Service



Date of last revision: January 2015 


PLEASE READ THESE TERMS OF SERVICE PRIOR TO USING ARCTICFXGRAPHICS.COM. By accessing this website, mobile application, or any other product or service provided by ARCTICFX GRAPHICS (Collectively, “ArcticFXGraphics.com”) on any computer, mobile phone, tablet, console, or other electronic device (collectively, “Device”), you signify that you have read and agree to accept these Terms of Service, whether or not you are a registered user of ArcticFXGraphics.com. ARCTICFX GRAPHICS reserves the right to change the Terms of Service at any time without notice and they will become effective immediately upon being posted to ArcticFXGraphics.com. By continuing to use ArcticFXGraphics.com you are consenting that you accept the new Terms of Service. Do not use ArcticFXGraphics.com if you do not agree to the Terms of Service.


Accuracy of Information

We do our best to keep ArcticFXGraphics.com complete, accurate and up to date, but occasionally some information may be inaccurate, incomplete or out of date. Products and services listed on the site may be unavailable, have different attributes those listed, and/or may be priced differently than the website dictates. Changes may be made to any information at any time without notice. In the event of a pricing error, ARCTICFX GRAPHICS reserves the right to cancel any order (see Orders). 


Activity Notice

ArcticFXGraphics.com may include features that promote activities which may carry risks.  Consider the risks involved, know the conditions, and do not attempt to emulate professionals.  ARCTICFX GRAPHICS is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, any snowmobile, dirt bike, RZR, snowboard, Jet Ski or any other piece of machinery or equipment that may contain ARCTICFX GRAPHICS products.


Intellectual Property

All of the intellectual property on ArcticFXGraphics.com (excluding User Generated Content) is owned by or licensed to ARCTICFX GRAPHICS. This includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., the ARCTICFX GRAPHICS name and logo and the SledWrapR design) are owned, registered and/or licensed by ARCTICFX GRAPHICS. All content on ArcticFXGraphics.com (excluding User Generated Content), including but not limited to pictures/images, text, software, scripts, code, designs, videos, applications, interactive features and all other content ("Content") is property of ARCTICFX GRAPHICS; All rights reserved.

You may only use the Content found on ArcticFXGraphics.com for your own non-commercial use to actively participate on ArcticFXGraphics.com or to place an order or purchase from ARCTICFX GRAPHICS. You may not change or delete any notices of ownership from any materials obtained from ArcticFXGraphics.com. You may not modify, copy, distribute, display, frame, reproduce, republish, post, transmit, or sell any of ArcticFXGraphics.com’s intellectual property without prior written consent from ARCTICFX GRAPHICS, unless it is your own User Generated Content (defined below). You may not use data miners, robots, or other similar data gathering methods. Nothing in the Terms of Service grants any intellectual property rights to you.


Orders

All orders placed through ArcticFXGraphics.com are subject to the approval of ARCTICFX GRAPHICS. ARCTICFX GRAPHICS reserves the right to refuse or cancel any order for any or no reason. A confirmation email does not constitute the acceptance of an order. Verification of information may be required before acceptance and/or shipment of your order takes place. If your order has been cancelled after your credit card was charged, ARCTICFX GRAPHICS will refund the charge.


Shipping

Orders will be shipped to the address provided by the purchaser assuming the shipping address is deemed valid by our carriers (USPS or UPS). Once we transfer the purchased items to the carrier, risk of loss and title are passed to you. You are responsible for filing any claims regarding damaged and/or lost goods with the carrier.


Security of Your Username/Password

It is solely your responsibility for all actions that take place while using your ArcticFXGraphics.com account. Keep your username/password safe and do not share them with anyone. Do not allow anyone to access ArcticFXGraphics.com using your username/password. ARCTICFX GRAPHICS is not responsible for any damages that result from the unauthorized use of your username/password, with or without your consent.


User Generated Content

"User Generated Content" is anything (including, but not limited to: opinions, pictures/images, videos, links, text) that you and/or other ArcticFXGraphics.com users make available on or through ArcticFXGraphics.com. This excludes any Content that is owned by ARCTICFX GRAPHICS.

 

Posting Rules: User Generated Content and User Conduct

-It is solely your responsibility for the User Generated Content that is posted from your username on ArcticFXGraphics.com, whether or not it was you who personally posted it (see Security of Your Username/Password). Do not post anything that may expose ARCTICFX GRAPHICS or its users to any harm or liability of any type.

-Stay on topic and only post constructively. Do not post about policies, complaints, unrelated comments/questions or anything else off topic. If you have questions, comments, or complaints about our products or policies, please see our Contact Us page.

-Vulgarities and insults are prohibited. Do not post User Generated Content that may be deemed as inappropriate (including but not limited to: illegal, offensive, fraudulent, indecent, obscene, pornographic, violent, invasive of privacy, publicity, intellectual property, insensitive, or is otherwise objectionable.) ARCTICFX GRAPHICS solely reserves the right to decide what is to be considered inappropriate on ArcticFXGraphics.com. Do not post photos or videos of another person without that person's consent. Do not bully anyone.

-Do not distribute your own or anyone else’s personal information. Do not request anyone’s personal information. Do not send unsolicited emails or other communications. Do not collect, use or post the private information of anyone else on ArcticFXGraphics.com without their consent.

-ArcticFXGraphics.com is not to be used for any commercial purpose. Do not post any advertisements or other commercial content on ArcticFXGraphics.com. Do not accept payment from a third party in exchange for posting commercial content on ArcticFXGraphics.com. Do not post any User Generated Content that involves the spreading of any unsolicited mass mailing or "spamming."

-The impersonation of any person or group (including, but not limited to athletes, businesses, or ARCTICFX GRAHPICS employees) is strictly prohibited. Do not post misleading information about yourself, your age or affiliations. Registering for more than one ARCTICFX GRAPHICS account, registering on behalf of another individual or group, and selling or transferring your profile or account is strictly prohibited. Do not use or attempt to use another person's account.

-You certify that you own or control all rights in any User Generated Content that you post on ArcticFXGraphics.com. You are responsible for ensuring that any User Generated Content that you post does not, and will not, infringe or violate anyone else's rights (including, but not limited to: copyright, trademark, patent, or privacy). You agree not to submit User Generated Content unless you own or have been granted permission from the owner to post such User Generated Content. By posting on ArcticFXGraphics.com you are granting ARCTICFX GRAPHICS the rights to outlined in this Terms of Service.

-Do not post any User Generated Content or use ArcticFXGraphics.com in a way that violates any law or would create liability. Do not take any action on ArcticFXGraphics.com that may interfere with or damage the functionality of ArcticFXGraphics.com or any Devices. Do not post anything that contains software viruses, programs or other computer code. Do not modify ArcticFXGraphics.com.

General Rules for User Generated Content

-ARCTICFX GRAPHICS does not prescreen User Generated Content. ARCTICFX GRAPHICS does not guarantee the integrity of User Generated Content posted to ArcticFXGraphics.com. Such content may be inaccurate, offensive, threatening, or unlawful. ARCTICFX GRAPHICS only acts as a medium for such distribution and is not responsible or liable for User Generated Content or activities of users on ArcticFXGraphics.com. ARCTICFX GRAPHICS is not responsible to monitor the User Generated Content. However, ARCTICFX GRAPHICS reserves the right to edit, remove, or refuse to post anything and may terminate any registered account at any time, for any or no reason.

-To post User Generated Content, you may be required to register for an ArcticFXGraphics.com account. By signing up for an account on ArcticFXGraphics.com, you certify that all of the information you are providing is accurate. ArcticFXGraphics.com accounts are intended for users who are eighteen (18) years of age or older and it is a violation of these Terms of Service for anyone under 18 to register for an account. ARCTICFX GRAPHICS reserves the right to delete your account if you misrepresent your age.

-By posting to ArcticFXGrahpics.com, you are granting, and certify that you have the right to grant, ARCTICFX GRAPHICS the ability to use that content for any purpose (including, but not limited to: reproduce, distribute, modify, display, or commercialize), without any payment due to you.

-If you believe that your work has been unlawfully posted on ArcticFXGraphics.com, such that it constitutes infringement, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on ArcticFXGraphics.com the material that you claim is infringing is located; (4) a written statement that the disputed use is not authorized by the copyright owner; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. These requirements must be followed to give legally sufficient notice to ARCTICFX GRAPHICS of infringement. Send copyright infringement complaints to:

copyright@arcticfxgraphics.com

Please be sure that you have the authority to file such a claim, as there may be penalties for false claims.

-ArcticFXGraphics.com may contain links to external websites, applications or services that are operated by other companies ("Third Parties"). ARCTICFX GRAPHICS does not endorse or have any control over these Third Parties. ARCTICFX GRAPHICS is not responsible for the content or policies of Third Parties. By leaving ArcticFXGraphics.com for any external (Third Party) website or application, you acknowledge that you are now under the terms/policies of these Third Parties and that ARCTICFX GRAPHICS is not liable for any damages or loss that may occur from engaging with them.

-ArcticFXGraphics.com may contain services and features that are available to certain mobile Devices. Normal carrier rates and fees apply. Please note that mobile services may not work with all carriers or Devices. By using ARCTICFX GRAPHICS's mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. Promptly update your information if you change or deactivate you phone number.

-You agree to hold harmless ARCTICFX GRAPHICS, its affiliates, employees, agents, licensors and suppliers from and against all liabilities relating in any way to your User Generated Content, your use of Content, your use of ArcticFXGraphics.com, your conduct in connection with ArcticFXGraphics.com or with other ArcticFXGraphics.com users, any violation of these Terms of Service, any law or the rights of any third party.

-Our Privacy Policy, which is incorporated into these Terms of Service by this reference, further describes the collection and use of information on ArcticFXGraphics.com.

-You are alone are responsible for any interactions with other people (online or in person). ARCTICFX GRAPHICS is not responsible for any loss or damage resulting from interactions with anyone whom you might encounter because of participating on ArcticFXGraphics.com. You agree to take the necessary precautions in all interactions with other users on ArcticFXGraphics.com, and conduct any reasonable investigation before meeting another person.  ARCTICFX GRAPHICS is not obligated to become involved with any form of user dispute, but may do so at its own discretion.

-ARCTICFX GRAPHICS reserves the right to terminate any account and any User Generated Content for any reason, without notice, and without liability to you or anyone else. You understand and agree that some of your User Generated Content, which is displayed outside your profile, in activity feeds, in other parts of ArcticFXGraphics.com, or on other ArcticFXGraphics.com affiliated pages (e.g., Facebook, Twitter, Instagram, Pinterest, Google, etc.), may continue to appear on ArcticFXGraphics.com or on other ArcticFXGraphics.com affiliated pages even after your User Generated Content is removed or your account is terminated. These Terms of Service remain in effect even after your account is terminated.