LICENSE: If you agree to the TOU and:
Are 18 years of age or older and are of the capacity to use ARP and be bound by the TOU
Use ARP on behalf of a business, thereby binding that business to the TOU
then we grant you a limited, revocable, non-exclusive, non-assignable license to use ARP in compliance with the TOU; unlicensed use is unauthorized. You agree not to display, “frame,” make derivative works, distribute, license, or sell, content from ARP, excluding postings you create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works from content you post.
USE: Unless licensed by us in a written agreement, you agree not to use or provide software (except general purpose web browsers and email clients) or services that interact or interoperate with ARP, e.g. for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use. You agree not to copy/collect ARP content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited, as is buying or selling accounts. You agree not to post content that is prohibited by any of ARP’s policies or rules. You agree not to collect ARP user information or interfere with ARP. You agree we may moderate ARP access/use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account. You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not.
LOCAL LISTINGS ONLY: The Resources area is available to people and businesses within the areas on the map. If you fall outside of the service area map, please do not post a listing, it will not be approved. You may use the About & Contact link at the bottom of any page to contact a site administrator if you would like to propose an exception.
- Weapons (ritual or otherwise) includes Athames, Bolines, and swords, firearms, guns and components such as ammunition or clips. No fireworks or explosives.
- posting “banishments” or cowan notices, “warnings” about individuals or groups
- THIS IS NOT A DATING SITE! Sorry, no “lonely hearts” listings. Also prohibited: offers, solicitation, or facilitation of illegal prostitution and/or sex trafficking exploitation or endangerment of minors; child pornography
- recalled items; hazardous materials; body parts/fluids; unsanitized bedding/clothing, prescription drugs, medical devices; controlled substances and related items, including pipes (even ritual pipes)
- alcohol or tobacco; unpackaged or adulterated food or cosmetics
- curse removals, spells, hexes, magickal workings for money
- pet sales (re-homing with small adoption fee ok), animal parts, stud services
- endangered, imperiled and/or protected species and any parts thereof, e.g. eagle feathers, owl feathers, ivory
- false, misleading, deceptive, or fraudulent content; bait and switch; keyword spam
- offensive, obscene, defamatory, threatening, or malicious postings, messages, or email
- anyone’s personal, identifying, confidential or proprietary information
- food stamps, WIC vouchers, SNAP or WIC goods, governmental assistance
- stolen property, property with serial number removed/altered, burglary tools, etc.
- ID cards, licenses, police insignia, government documents, birth certificates, etc
- Absolutely no military items.
- counterfeit, replica, or pirated items; tickets or gift cards
- lottery or raffle tickets, sweepstakes entries, slot machines, gambling items
- spam; mis-categorized, over-posted, cross-posted, or non-local content (you must be within the map boundaries or have express written permission from an administrator if you are outside of the map boundaries).
- postings, messages, or email the primary purpose of which is to drive traffic to a website
- postings, messages, or email offering, promoting, or linking to unsolicited products or services
- affiliate marketing; network, or multi-level marketing; pyramid schemes
- any good, service, or content that violates the law or legal rights of others
LIQUIDATED DAMAGES: You further agree that if you violate the USE section, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to us for liquidated damages as follows for: (A) collecting/harvesting ARP users’ information, including personal or identifying information – $5 per violation; (B) publishing/misusing personal or identifying information of a third party in connection with your use of ARP without that party’s express written consent – $1,000 per violation; (C) misrepresenting your identity or affiliation to anyone in connection with your use of ARP – $1,000 per violation; (D) posting or attempting to post Prohibited Content – $1 per violation; (E) posting or attempting to post Prohibited Content in any paid section of ARP- the price per post applicable to that section of ARP; (F) sending an unauthorized/unsolicited email to an email address obtained from ARP- $15 per violation; (G) using ARP user information to make/send an unauthorized/unsolicited text message, call, or communication to a ARP user – $200 per text/call/communication; (H) creating a misleading or unlawful ARP account – $4 per violation; buying/selling a ARP account – $85 per violation (I) abusing or attempting to abuse ARP’s contact forms – $1 per violation; (J) distributing any software to facilitate violations of the USE Section – $1,000 per violation; (K) aggregating, displaying, copying, duplicating, reproducing, distributing, or exploiting ARP content for any purpose without our express written consent – $3,000 for each day you engage in such violations; (L) requesting, viewing, or accessing more than 1,200 pages of ARP in any 24-hour period – $0.25 per page during the 24 hour period after the first 1,000 pages; (M) bypassing or attempting to bypass our moderation efforts – $4 per violation. You agree that these amounts are (1) a reasonable estimate of our damages (as actual damages are often difficult to calculate), (2) not a penalty, and (3) not otherwise limiting on our ability to recover under any legal theory or claim, including statutory damages and other equitable relief (e.g., for spam, we can elect between the above liquidated damages or statutory damages under the anti-spam statute). You further agree that repeated violations of the USE section will irreparably harm and entitle us to injunctive or equitable relief, in addition to monetary damages.
FEES. Most listings in the Resources for Arkansas Pagans area are free. For Sponsor & VIP Supporter listings: You authorize us to charge your account for ARP fees in paid areas of the listing. All taxes are included in these fees. For these fee-based listings: Once your listing is approved, fees are non-refundable, even for posts we remove, delay, omit, re-categorize, re-rank, or otherwise moderate. We may refuse any posting.
DISCLAIMER & LIABILITY. To the full extent permitted by law, ARPagans.com and ArkansasPagans.com, and its officers, directors, editors, publishers, employees, agents, licensors, volunteers, affiliates, and successors (1) make no promises, warranties, or representations as to ARP, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide ARP on an “AS IS” and “AS AVAILABLE” basis and any risk of using ARP is assumed by you; (3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with ARP. ARP Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to ARP, and in no event shall such liability exceed $100 or the amount you paid us in the year preceding such loss. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.
CLAIMS & INDEMNITY: Any claim, cause of action, demand, or dispute arising from or related to ARP (“Claims”) will be governed by the internal laws of Arkansas, without regard to conflict of law provisions, except to the extent governed by US federal law. Any Claims will be exclusively resolved by courts in Hot Springs, AR (except we may seek preliminary or injunctive relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in Hot Springs, AR; (2) indemnify and hold ARP Entities harmless from any Claims, losses, liability, or expenses (including attorneys’ fees) that arise from a third party and relate to your use of ARP; and (3) be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.
MISC: This is the exclusive and entire agreement between us and you, and our actions or silence toward you or anyone else does not waive, modify, or limit the TOU or our ability to enforce it. The USE, LIQUIDATED DAMAGES, and CLAIMS & INDEMNITY sections survive termination of the TOU, and you will remain bound by those sections. If a TOU term is unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties.
Questions? Use the contact for under the “About & Contact” link at the bottom of any page.