Last Revision: Sept. 17, 2014
Please carefully examine these terms and conditions before using our site and/or related services. We know it's not exciting reading, but by accessing ArcZap.com, you are bound by the terms found in this document. If you do not agree to these terms, you may not use our site and/or services.
These terms and conditions apply throughout the website and to any affiliated platforms, unless you have made a previous third-party agreement with ArcZap that renders one or more of the terms invalid.
For purposes of these terms, "we," "our," "ArcZap" and "us" each refers to ArcZap Corp, and "you" means the person using the website on behalf of her/himself and the user's company and its officers, directors, members, agents, successors and assigns.
We have the right to modify these terms and conditions as appropriate. If you have an account with ArcZap, then we will notify you of such changes and ask you to agree to the new terms. If you do not agree with the modifications, then you are no longer eligible to use our website or services. If you do not have an account but are using the website, then you will be bound by the terms in effect at the time of your visit.
While we work hard to maintain the security of your password and username, you should be aware of and willing to accept all risks of unauthorized access to the Registration Data and any other information you provide to us. Remember to carefully safeguard your password and username, because while we will certainly work to help you regain control of your account if stolen, you will ultimately be held liable for any and all breaches of security on your end, and must agree to accept that risk.
By using the website or establishing an account with us, you represent and covenant that you are 18 years of age or older, an emancipated minor or the parent or guardian of a minor whom you are authorizing to use our website.
ArcZap allows for users to participate in "Groups", in which you or other users may post, link, store or otherwise make available certain photos, information, text and other materials ("User Content"). You are solely responsible for your use of the Groups and use them at your own risk. By using any Groups, you agree not to post, upload to, transmit, distribute, display, perform, store, create or otherwise publish through our service any of the following:
- User Content that may infringe, misappropriate or otherwise violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute, display and reproduce the User Content;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would break any local, state, national or international laws;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce your User Content;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Private information of any third party including addresses, phone numbers, email addresses, Social Security numbers and similar information; and
- User Content that, in our sole judgment, is objectionable, that may subject us to liability or that restricts or inhibits any other person from using and benefiting from Groups in our service.
- We take no responsibility and assume no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
- As a provider of interactive services, we are not liable for any statements, representations, User Content or the content of any third party provided by users in any "Group" or other public forum. Although we have no obligation to screen, edit or monitor any of the User Content posted in any Group, we reserve the right, and have absolute discretion, to remove, screen or edit any User Content posted or stored on our service at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing, any User Content you post or store on our service, at your sole cost and expense.
- We do not own the User Content you post within our service, but in posting User Content to our service, you grant us a nonexclusive, perpetual, fully paid up and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on or in connection with our site or service. Our right to do so is limited to our provision of the website and services.
Because ArcZap is a group-centered social networking site, the Group leader(s) (or creator) holds authority over your entry into a given Group. If the User Content you post within that Group does not violate any of the aforementioned terms and conditions, then the Group leader is solely responsible for determining the acceptability of that Content. Personal disputes, disagreements, arguments, or altercations that cause you to be removed from a given Group cannot and will not be resolved by ArcZap, unless you can plausibly report an instance of violating these Terms and Conditions.
If you submit or post to the website or ArcZap any ideas, suggestions, information, designs, images, advertisements, data or proposals, you agree that such submissions will be treated as non-confidential and non-proprietary and will become the sole property of ArcZap without any compensation or credit to you whatsoever. ArcZap will have no obligations with respect to such submissions or posts. ArcZap may use such submissions and the ideas contained in such submissions or posts for any purpose in any medium in perpetuity.
You agree, at your sole expense, to defend, indemnify and hold us, our independent contractors, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) your use of our site, service, the Site Materials (defined in the Use and Restrictions Section below), the Groups and/or our services; (ii) your conduct; (iii) your violation of these site terms or your violation of the rights of any third party; or (iv) any User Content that you post or control.
UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, OUR SITE, SERVICE, THE SITE MATERIALS, USER CONTENT, ANY HYPERLINKS, OUR SERVICES AND ANY OTHER SERVICES AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SITE OR OUR SERVICE (COLLECTIVELY, "ARCZAP CONTENT/SERVICES") ARE PROVIDED TO YOU ON AN AS IS, WHERE IS AND AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT ANY ARCZAP CONTENT/SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE AVAILABILITY, RELIABILITY OR SECURITY OF ANY ARCZAP CONTENT/SERVICES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO ALL ARCZAP CONTENT/SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE INCLUDING ANY AND ALL: (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNEW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE.
Limitation of Liability
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF REVENUE, LOSS OF PROFITS OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE ARCZAP CONTENT/SERVICES, YOUR CONDUCT OR THE CONDUCT OF ANY OTHER USERS (INCLUDING, BUT NOT LIMITED TO, BODILY INJURY, EMOTIONAL DISTRESS, ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS WITH OTHER USERS AND/OR ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM US, VIA OUR SITE OR SERVICE, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR UNAUTHORIZED ACCESS TO OUR SERVICE), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THE ARCZAP CONTENT/SERVICES, YOUR CONDUCT OR THE CONDUCT OF ANY OTHER USERS (INCLUDING, BUT NOT LIMITED TO, BODILY INJURY, EMOTIONAL DISTRESS, ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS WITH OTHER USERS AND/OR ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM USE VIA OUR SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR UNAUTHORIZED ACCESS TO OUR SERVICES) EXCEED THE AGGREGATE OF THE NET AMOUNTS RECEIVED BY US FROM YOU.
Use and Restrictions
All content and other materials within our site and service, including, but not limited to, our logo and all designs, text, graphics, pictures, information, data, software and the selection and arrangement thereof (collectively, the "Site Materials") are the property of us or our licensors or users and are protected by U.S. and international copyright and trademark laws.
You are granted a limited, non-exclusive, non-transferable, non-sub-licensable license to access and use our service, and electronically copy and print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only. The license is subject to these terms and does not include: (i) any resale or commercial use of the site or service or the Site Materials therein; (ii) the distribution, public performance or public display of any Site Materials; (iii) modifying or otherwise making any derivative uses of our site/service and the Site Materials (or any portion thereof); (iv) reverse engineer, decompile or otherwise extract source code provided on or through the website; (v) downloading (other than the page caching) of any portion of our site/service, the Site Materials or any information contained therein, except as expressly permitted on our site or in our service; or (vi) any use of our site/service or the Site Materials other than for its intended purpose. Any use of our site, service or the Site Materials other than as specifically authorized in these terms, without the our prior written permission, is strictly prohibited and will terminate the license granted in these terms. Such unauthorized use may also violate applicable laws including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
In using our website and services you agree not to:
- Interfere with, circumvent, disable, alter, manipulate or attempt to interfere with, circumvent, disable alter or manipulate the website or services, the proper working of the website or services, security features of the website or services, the equipment connected to the website or any service provided on or through the website;
- Access or attempt to access the website or to collect or index information provided to or on the website using any automated means, such as robots, spiders, scrapers, scripts, harvesting 'bots, or similar means or equivalent manual processes;
- Restrict or inhibit any other person from using the website (including without limitation by hacking or defacing any portion of the website);
- Upload or transmit viruses, worms or other malicious code to or through the website; and
- Violate any law in connection with your use of the Website, including CAN SPAM, export laws and privacy laws
If you believe that anything on our site infringes upon any copyright which you own or control you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated (pending agent application approval) to receive notification of claimed infringement:
Full address of Designated Agent to which notification should be sent:
E-Mail Address of Designated Agent:
Please see 17 U.S.C. 512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages including, but not limited to, costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
Applicable Law and Venue
These site terms and your use of our service will be governed by and construed in accordance with the laws of the State of Washington, applicable to agreements made and to be entirely performed within the State of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these service terms will be filed only in the state and federal courts located in Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these site terms.
We reserve the right to suspend and terminate any user at any time, for any reason. While we will do our best to work with and support our users, breaking any of the agreements in this document may result in your termination with ArcZap and its affiliated services.
We also reserve the right to change the website and Site Materials at any time.
Geographic Scope of Use
ArcZap makes no representation that the website or the Site Materials are appropriate or available for use at locations outside of the United States. Access to the website and the Site Materials from territories where they are illegal is prohibited. You may not use the website or export the Site Materials in violation of U.S. export laws and regulations. If you access the website from locations outside of the U.S., you are responsible for compliance with all local laws.
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