Legal




Web Site Terms and Condition
s

Introduction

This document sets forth the terms and conditions (these "Terms and Conditions") governing your use of "Anthony Charles Agency", an Internet Web site operated by ACA.com, and the "Content" (defined below), information, links and services made available on and through the Site. Please read these Terms and Conditions carefully.  These Terms and Conditions will form a binding Agreement between you (also referred to as "user") and us, ACA.com.

Acceptance of these Terms and Conditions

Your use of the Site indicates your acceptance of these Terms and Conditions. If you do not accept these Terms and Conditions, you may not use the Site. Your use of the Site is a privilege.  Your continued use of the Site constitutes your agreement to these Terms and Conditions.  If at any time you do not agree to these Terms and Conditions, you must cease your use of this Site.  Not withstanding the above, ACA.com reserves the right to suspend your use of the Site for any reason at any time, in its sole discretion.

Changes to these Terms and Conditions

Please review these Terms and Conditions each time you visit the Site. The information contained in these Terms and Conditions may be changed or updated by ACA.com in whole or in part from time to time without prior notice to you by posting the modified Terms and Conditions to the Site. Any changes to these Terms and Conditions will be effective immediately upon ACA.com's posting of them to the Site.

Intellectual Property

The text, graphics, designs, logos, button icons, images, audio clips, data compilations and information (the "Content") contained on the Site are owned or controlled by ACA.com and the other respective beneficial rights owners of the Content, and are protected by United States and international copyright laws. You may download the Content "as is" to a "Computer" (defined below) solely for your personal use and only for non-commercial purposes. Therefore, you may NOT (and you may not cause any third party to) send or post a downloaded of the Content from the Site to personal or corporate blogs, vlogs and the like (e.g., blogster.com, wordpress.com, etc.), video share Web sites (e.g., YouTube.com, GoogleVideo.com, Flickr.com, etc.), social Web sites (e.g., myspace.com, friendster.com, facebook.com, Bebo.com, cyworld.com, twitter.com, etc.) or other Web sites or addresses where the Content can be posted, shared, and/or re-downloaded. You may NOT edit, modify or further reproduce the Content for any purpose whatsoever.

All logos, identifications, word marks, trade names, trade dress and other trademarks displayed on the Site ("Trademarks") are registered Trademarks of ACA.com and/or of the respective Trademark’s beneficial rights owner. Depictions of products or services on the Site are Trademarks of their respective beneficial rights owners and are protected in the United States and internationally. No use of any Trademarks may be made without the prior written authorization of ACA.com and/or the respective beneficial rights owners of the Trademarks except to identify the products or services associated therewith. Nothing contained herein shall be construed as conferring any license or right to any of the patents, copyrights or Trademarks embodied in the Site. All rights, title and interest in the Content and the Trademarks shall reside solely with ACA.com or the respective beneficial rights owners thereof.

ACA.com does not want to receive any confidential or proprietary information from you through the Site and any information or materials sent to ACA.com through the Site in respect of any products or services referenced or offered on the Site will be deemed NOT to be confidential. By sending ACA.com any information or materials regarding the Site or ACA.com's business, you grant ACA.com an unlimited, worldwide, irrevocable right and license to use, reproduce, display, perform, modify, transmit, exploit and distribute those materials and/or information, and you also agree that ACA.com is free to use any such submitted (even if unsolicited) ideas, inventions, concepts, know-how or techniques that you send ACA.com via the Site or otherwise for any purpose. Such purposes may include disclosure to third parties and/or developing, manufacturing and/or marketing goods or services.

Representations of the Site’s Users

By using the Site, you hereby represent and warrant to ACA.com that: (i) all information and data contained in any transmission or submission by you is either owned by you or rights have been granted to you permitting you to disseminate the information as set forth in these Terms and Conditions; and (ii) the information and data contained in any transmissions and submissions by you does not infringe on the intellectual property rights of others, including but not limited to, copyright, trademark, patent, or trade secret rights.

Limitations on Information Submitted

Any submission or transmission of information and data by you through the Site to ACA.com is subject to the following additional guidelines and restrictions:

1. It may not contain URLs or links to any other Internet Web sites;  

2. It may not contain copyrighted material (unless you own the copyright or have the beneficial rights owner's written permission to post the copyrighted material);  

3. It may not contain trade secrets (unless you own them or have the beneficial rights owner's written permission to provide or post them);  

4. It may not contain material that infringes on the intellectual property rights of others, including but not limited to copyright, trademark, patent, or trade secret rights;  

5. It may not contain information or data that is known by you to be slanderous, untrue, false or misleading or that does not fairly or accurately depict or describe the subject matter that is the subject of the information and data provided or posted by you;  

6. It may not contain information or data which impersonates another entity or person whether living or dead, misstates the identity of any entity or person whether living or dead, or misstates or misleads as to gender, race, religious preference, sexual preference or age;  

7. It may not contain viruses, bots, Trojan horses or other programs or information which disrupts, crashes, hacks into, or otherwise interferes with the operation of the Site;

8. It may not be sent for the purpose of "flooding", "mailbombing" or "crashing" the Site;  

9. It may not solicit money, donations, investments, financial advice, or make any offering of securities or investments; and/or  

10. It may not be, or operate as, chain letters or pyramid schemes.

Monitoring of Information and Data

ACA.com does NOT assume any obligation to review the accuracy, completeness, truthfulness or content of any information and data submitted and transmitted to the Site by:
(1) you,

(2) other users of and visitors to the Site, or  

(3) persons and entities promoting, offering or responsible for the Content, products and/or services onthe Site. Notwithstanding, ACA.com may in its discretion review information and data submitted or transmitted to the Site for any purpose whatsoever and it reserves the right, in its sole discretion, to reject any information and data submitted and transmitted to the Site for any reason whatsoever.

Hyperlinks

From time to time, as a convenience to you, ACA.com may include links on the Site to third party Web sites, or permit third parties Web sites to link to the Site. Links to or from a third party Web site, whether provided by ACA.com or not, do not imply any affiliation between ACA.com and the other Web sites’ or their owners, or an endorsement of such third party Web sites. ACA.com may cancel any link at any time and will remove any link from the Site upon request from the beneficial rights owner of the linked Web sites. Such requests should be sent to the Site’s administrator, The Architect

Availability

Not all of the Content, products and services described on the Site are available or accessible in all geographic areas of the world. You may not be eligible to view or receive all of the described Content, products or services on the Site and ACA.com reserves the right to determine the eligibility of any user for any Content, product or service. The Site’s separate pages relating to the Content, products or services may provide additional information on the availability of the Content, products or services and may contain additional terms governing eligibility.

Children

The Site does not intend to market any of the Content, products or services to children.  ACA.com does not knowingly gather, or solicit data, from children through the Site for marketing purposes.

Accuracy of the Content

ACA.com will make every reasonable effort to include accurate and up to date Content on the Site. Notwithstanding the foregoing, ACA.com provides Content for your informational purposes only and does not warrant or represent that descriptions of the Content on the Site is complete, accurate, reliable, current or error-free.

Disclaimer

THE SITE AND THE CONTENT AND INFORMATION ON THE SITE IS PROVIDED AS IS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IMG FASHION MAKES NO REPRESENTATION OR WARRANTY THAT THE CONTENT AND INFORMATION CONTAINED ON THE SITE WILL BE CURRENT, TIMELY, COMPLETE, UNALTERED, ACCURATE, OR ERROR FREE. ACA.com FASHION HAS NOT REVIEWED ALL THE WEB SITES THAT MAY BE LINKED TO THE SITE AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED WEB SITES OR ANY ADDITIONAL WEB SITES LINKED TO THE LINKED WEB SITES. YOUR DECISION TO USE AND ACTUAL USE OF THE LINKS TO ANY OF THE LINKED WEB SITES IS AT YOUR OWN RISK. TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL OF THE CONTENT
ACCESSILE ON THE SITE, OR ANY LINKED WEB SITES TO THE SITE, IS WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED. IN NO EVENT SHALL ACA.com  
BE LIABLE TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE,
ANY OF THE LINKED WEB SITES, OR ANY WEB SITES LINKED TO THE LINKED WEB SITES, INCLUDING, WITHOUT LIMITATION, ANY PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD IMG FASHION AND ITS AFFILIATED COMPANIES, OR ANY OF THEM, HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY LIABILITY, CLAIMS, CAUSES OF ACTIONS, DAMAGES, COSTS AND EXPENSES, INCLUDING BUT NOT LIMITED TO, ATTORNEYS’ FEES AND COSTS OF SUIT, ARISING OUT OF YOUR BREACH OF THESE TERMS AND CONDITIONS.

Governing Law and Venue

These Terms and Conditions are governed by the internal substantive laws of the State of New Jersey in the USA, without respect to its conflict of laws principles. Jurisdiction and venue for any claims arising under or in connection with your use of the Site or these Terms and Conditions shall lie exclusively with the state and federal courts within the State of New Jersey. You hereby irrevocably consent to the jurisdiction of the state and federal courts within New Jersey. If any provision of these Terms and Conditions is found to be
invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain infull force and effect. The failure of ACA.com to enforce any term or condition of these Terms and Conditions shall not be deemed a waiver thereof and shall not prevent ACA.com's later enforcement.

Privacy Policy

ACA.com is committed to protecting your privacy and the security of all information and data on the Site. To demonstrate his commitment, ACA.com has adopted the following privacy policy (this "Privacy Policy") based on the principles of notice/awareness, choice/consent, access/participation and integrity/security in the collection and use of all information regarding the Site’s users and their activities at the Site. Please review this Privacy Policy each time you use the Site as it is subject to change at any time by ACA.com without notice to you. It is your obligation to review this Privacy Policy from time to time. By accessing the Site you are indicating your agreement to this Privacy Policy. Any changes to this Privacy Policy will be effective immediately upon posting to the Site.

Notice of the Site’s Privacy Policy

This Privacy Policy tells you, among other things, what information and data that ACA.com gathers or collects from you via the Site, how ACA.com may use or disclose that information and data, and ACA.com's efforts to protect that information and data. Please read this Privacy Policy carefully.

What Types of Information and Data are Collected and Why?

Information and Data Submitted and Transmitted by You At times, ACA.com may ask you to provide information and data about yourself or your business in order to enhance and improve your use of the Site. For example, some of the information and data that ACA.com may ask you to provide may include your name, title,company,address,phone number,
email address, and other relevant data. ACA.com doesn't require this information and data to obtain access to any area of the Site. This information and data will enable ACA.com
to contact you should the need arise or to respond appropriately to any request or question you have about the Site.

Information Collected by the Site’s Cookies

ACA.com may also make use of the Site’s "cookies" feature (described below) to help you use the Site more easily, and to help ACA.com continuously improve the Site. A "cookie" is a small data file that the Site can send to the Internet browser you are using, which may then be stored on the hard drive or server of the Computer you are using to help the Site remember information about you when you return to the Site, such as your preferences for the Site or your account identifications. The Site’s cookies do not read data from the hard drive of the Computer you are using, read cookie files created by other Web sites, or track any personal information about you. You may have the option of setting the Internet browser (e.g., Google, Yahoo!, etc.) you are using to reject cookies however doing so may negatively impact upon the performance of the Site or restrict ACA.com in better serving your use of the Site. The "help" portion of the toolbar on most Internet browsers will tell you how to prevent the Internet browser you are using from accepting new cookies, how to have the Internet browser notify you when a new cookie is received, or how to disable the cookie feature altogether.  Also, as the Site advertises the products and services of third parties, when you click on the banners or pop-ups or hyperlinks on the Site you must assume that information is being collected about you. ACA.com is not responsible for the use of any information and data collected in such a manner. You must also assume that (1) information and data will be collected, (2) that cookies will usually be placed by Web sites on the hard drive of the Computer you are using, (3) that ACA.com has no control over what happens with such third party collection of your information and data, (4) that ACA.com takes no responsibility for the advertisers’, sponsors’ and/or vendors’ Web sites, (5) that ACA.com is not responsible for downloads from third party advertisers, sponsors and vendors that contain viruses or worms or other computer code that causes harm to the Computer or software you are using, and (6) that ACA.com assumes no responsibility for the information and data that is garnered from the click itself or that the advertiser, sponsor and/or vendor collects.

Email Information

If you send a person or entity an email from the Site, or if you email the Site’s URL, you must assume that some data is collected about IP address that you are using and/or your email address and that of the person or entity to whom you sent the email. You must assume that referred emails or Web site pages may appear to come from your email. You must accept full responsibility for referring emails and Web site pages to such person’s and entities agree to indemnify ACA.com for any damages, intentional or unintentional, that result from said emails and URL referrals.






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