Terms & Conditions
1. ACCEPTANCE OF TERMS
Roanoke Island Arts provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. In addition, when using particular Roanoke Island Arts services, you and Roanoke Island Arts shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
Roanoke Island Arts currently provides users with access to a rich collection of resources, including various communications tools and shopping services through its network of properties (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Roanoke Island Arts to provide the Service. You also understand and agree that the service may include certain communications from Roanoke Island Arts, such as service announcements, administrative messages and the Roanoke Island Arts Newsletter, and that these communications are considered part of Roanoke Island Arts membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Roanoke Island Arts properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Roanoke Island Arts assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. GENERAL BROWSING
Roanoke Island Arts gathers navigational information about where visitors go on our Web site and information about the technical efficiencies of our web site and services (i.e. time to connect to our web site, time to download pages). This information allows us to see which areas of Roanoke Island Arts are most visited and helps us better understand our customers' experience at Roanoke Island Arts. This helps us improve the quality of visitors' online shopping experiences by recognizing and delivering more of the features, services and products our visitors prefer. Additional non-personally identifiable information (i.e. domain type, browser version, service provider and IP address) may be collected which will provide information regarding a visitor's use of our Web site (such as the time of a visitor's last visit to a page on our site).
4. ROANOKE ISLAND ARTS PRIVACY POLICY
Account information and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.riarts.com/privacy.htm.
5. COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION:
We collect information from you that you provide to us at this site when you establish an account, enter a contest, shop
online, request a catalogue, etc. Categories of information collected include name, address, e-mail address, recipient's e-mail address,
telephone number, credit card information and messages or reminders you create. This information is used to enable Roanoke Island Arts to
deliver products that you have ordered, to fulfill requests that you have created, to contact you or the recipient(s) in the event of
order or delivery difficulties, to respond to your inquiries and to deliver services and information about our products or web site to you,
including adding you to our print Catalogue mailing list.
If you are visiting Roanoke Island Arts from a location outside of the U.S., your orders placed through Roanoke Island Arts will be
accepted and fully processed in and shipped from the U.S. and all information you provide will be maintained in our Web servers and/or
internal systems located within the U.S., and protected as noted in this privacy policy.
You should be aware that we may disclose specific information about you if necessary to do so by law or based on our good faith belief
that it is necessary to conform or comply with the law or is necessary to protect the users of our Web site, the site, or the public.
We may participate with certain reputable companies who offer you the ability to establish a membership that would enable you to
participate in digital wallets, payment services or rewards programs. In this regard, if you elect to establish membership in a program
sponsored by one of these companies, we would disclose only the information to them required to make their programs work and support your
membership with them (typically, name of the user and amount of purchases made on Roanoke Island Arts). Roanoke Island Arts is not
responsible for the privacy practices of the companies sponsoring these membership programs and we suggest you review the privacy policy
of each company with whom you may be considering a membership.
6. USE OF COOKIES:
Roanoke Island Arts uses a browser feature known as a cookie, which is placed on your computer. Cookies also allow
Roanoke Island Arts to make our site more responsive to your needs, by delivering a better and more personalized experience to you. The
cookies are stored on your computer's hard drive and are used by Roanoke Island Arts to help track your clicks and pass information as you
go through the pages within Roanoke Island Arts Web site. In addition, Roanoke Island Arts uses cookies to help keep track of how many
items you put into your shopping bag and to tell us whether you have previously visited Roanoke Island Arts. We also use a technology
known as clear gifs which are typically stored in e-mails to help us confirm your receipt of, and response to, our e-mails. If you
register or purchase products through Roanoke Island Arts, navigational information from previous browsing visits may be associated with
the personal information you provide.
Roanoke Island Arts will place cookies on your computer to collect information that will educate us on such things as search engine
referral, how you navigate around our site, unique visitor identification, and product browsing and purchasing information. The information
and analysis will only be used to assist us in better understanding your interests in our web site and how to better serve those interests.
Roanoke Island Arts will not use our data for any other purposes or match it against any other information in its possession and is required
to maintain all information collected and its analysis in strictest confidence. As a visitor to Roanoke Island Arts, you have the option
to deactivate the ability to analyze your browsing and purchasing behavior on our site. You may also choose to continue to benefit from
the improved shopping experience which the analysis allows us to provide to you, but maintain anonymity.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
8. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
9. SECURITY STATEMENT
Roanoke Island Arts takes the following types of security measures: use of technologies and policies such as limited access data-centers,
firewall technology, secure certificate authentication and limitations of administrative access to our systems. In addition, it is our
policy not to send your credit card number via e-mail. In fact, this is a practice we recommend you adopt in all of your Internet
activities.
We designed Roanoke Island Arts to accept orders only from Web browsers that permit communication through Secure Socket Layer (SSL)
technology; for example, 3.0 versions or higher of Netscape Navigator and versions 3.02 or higher of Internet Explorer. This means you
should not be able to inadvertently place an order through an unsecured connection.
While we implement the above security measures on this site, you should be aware that 100% security is not always possible.
10. MODIFICATIONS TO SERVICE
Roanoke Island Arts reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Roanoke Island Arts shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
11. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Roanoke Island Arts shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
12. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Roanoke Island Arts is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Roanoke Island Arts shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
13. Roanoke Island Arts'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by
Roanoke Island Arts or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Roanoke Island Arts grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by
Roanoke Island Arts for use in accessing the Service.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
ROANOKE ISLAND ARTS 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.
Roanoke Island Arts MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Roanoke Island Arts
OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Roanoke Island Arts SHALL NOT BE LIABLE TO YOU 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 INTANGIBLE LOSSES (EVEN IF YAHOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
16. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.
17. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
18. NOTICE
Roanoke Island Arts may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service.
19. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Roanoke Island Arts respects the intellectual property of others, and we ask our users to do the same.
Roanoke Island Arts may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide
Roanoke Island Arts's Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Roanoke Island Arts's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
Mary Barker
c/o Roanoke Island Arts Inc.
649 Vista Lake Dr.
Manteo, NC 27954
By email:
20. GENERAL INFORMATION
Entire Agreement. The TOS constitute the entire agreement between you and Roanoke Island Arts and govern your use of the Service,
superceding any prior agreements between you and Roanoke Island Arts. You also may be subject to additional terms and conditions that may
apply when you use or purchase certain other Roanoke Island Arts services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and Roanoke Island Arts shall be governed by the laws of the State of
North Carolina without regard to its conflict of law provisions. You and Roanoke Island Arts agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Dare, North Carolina.
Waiver and Severability of Terms. The failure of Roanoke Island Arts to exercise or enforce any right or provision of the TOS shall not
constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid,
the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and
the other provisions of the TOS remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or
related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
21. VIOLATIONS
Please report any violations of the TOS to our Service group.