ARC CREATIVES INC.
General Terms of Service
The website at <http://www.thisisarc.co>, ,http://thisisarc.wpengine.com/>, and such other locations as made available from time to time (collectively, the “Website”), the services offered therefrom, the Experience // ARC conference and any future iterations of the Experience // ARC conference that may or may not be titled Experience // ARC (the “Experience // ARC”) (collectively, the “Service”) are operated by as Arc Creatives Inc., a British Columbia corporation, and its corporate affiliates, if any (collectively, “us”, “we” or “Arc”).
By accessing or using the Service, you (“you” and, together with all persons accessing or using the Service, collectively, the “Users”) signify that you have read, understand and agree to be bound by this Agreement (this “Agreement”) in all respects with respect to the Website, our provision of the Service, and your use of them, and further represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all terms and conditions of these General Terms of Service.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE, BUT ARE NOT LIMITED TO, VARIOUS LIMITATIONS AND EXCLUSIONS, AND INDEMNITIES.
- Agreement and Amendments. The terms and conditions set out the legally binding Agreement between you and Arc. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this Agreement from time to time without further notice. If we do this, we will post the latest version of this Agreement on this page at http://thisisarc.wpengine.com/termsofuse/, and we will indicate at the bottom of such page the date of the last revision or modification. Your continued use of the Service, which use includes your continuing to make available your User Content (defined below) on the Service, after any such change, modification, addition or deletion constitutes your acceptance of the Agreement as then revised. If you do not agree to abide by this or any future version of the Agreement, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly check this page to determine if there have been changes to this Agreement and to review such changes.
- Content. In this Agreement, “Content” means all materials and content of any type, including, but not limited to text, designs, photographic images, graphics, video clips, illustrations, artwork, articles, information, reference information, notes, music, sound, video, articles, software, menus and all other protectable elements of this Service, including the Service itself and the selection and arrangement of all such content.
- Use of Content and Proprietary Notes. Certain Content of the Service, which is not “User Content” as defined below (collectively, “Arc Content”) remains the sole and exclusive property of us or the authors, as applicable, including all copyright, trademarks and all other proprietary rights with all rights reserved, and the Arc Companies (or, as applicable, our licensors) retain and shall retain all right, interest and title in and to all Arc Content. You agree not to duplicate, or otherwise extract any of Arc Content for any purpose other than for your own personal use, unless otherwise authorized by us in writing. You also agree not to sell or modify Arc Content, display, publicly perform, distribute or otherwise use any of Arc Content, in whole or in part, for any public or commercial purposes without our prior written consent. Arc Content may be updated, removed, and otherwise modified by us from time to time, without notice. Neither we, nor any owners, administrators, contributors, Users, and authors are responsible in any way for any loss, claims, or liability arising from your use of or reliance on Arc Content or User Content (as defined below).
- Our License to You. Provided that you are eligible for use of the Service, and that you agree to this Agreement, where applicable, we grant you a limited, personal, non-transferable, revocable (at any time with or without notice or cause) and non-exclusive right and license to access and use the Service and to download or print a copy of any portion of the Arc Content solely for your personal, non-commercial use, subject to this Agreement and provided that you keep all copyright or other proprietary notices intact. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Services. You further agree not to change, translate, or otherwise create any derivative works of the Services. If we revoke our license to you, you agree to remove any Content infringing the terms of this Agreement and that the terms of the Agreement will survive such revocation and continue to bind you.
- User Content and Your License to Us. The Service may permit you to submit, transmit, copy, make available, display, upload, publish and distribute Content (collectively, your “User Content”), and we do not claim ownership over any User Content. By providing any User Content, you
- acknowledge that the Arc Companies reserve the right to refuse to accept, display, or transmit any User Content in its sole discretion,
- grant the Arc Companies a worldwide, royalty-free, non-exclusive right and license to use, distribute, reproduce, modify, adapt, perform and display such User Content as permitted by the functionality of the Service (the “User License”) on the following terms:
- the User License is limited to the purpose of offering the Service,
- the User License includes the Arc Companies’ right to sublicense to third party service providers for the purpose of offering the Service, at all times in accordance with this Agreement, and
- the User License will end, and the Arc Companies will cease to use User Content, a commercially reasonable period after such User Content is removed from the Service.
- Your Representations and Warranties. By providing any User Content, you
- represent and warrant to us that: (1) you have all right, title and interest to grant the User License, (2) the User Content does not infringe on any other person’s copyright, trade-mark, proprietary interests, trade secrets, privacy or other intellectual property rights, (3) the User Content is not in breach of any terms of this Agreement, nor any applicable law or regulation, (4) where the User Content contains any other person’s copyright, trade-mark, proprietary interests, trade secrets, privacy or other intellectual property rights you have obtained and hold the right and license to use, distribute, reproduce, modify, adapt, perform and display such other person’s intellectual property rights, and (5) no User Content contains any libellous, defamatory or otherwise unlawful material;
- hereby agree to indemnify us and hold us harmless from any claims, losses, damages or expenses incurred by us in respect of any third party claims that your User Content infringes on any other person’s rights (including all of the rights set out in 4(b) above); and
- understand and agree that (1) we may modify, alter, delete, remove or otherwise not display such User Content at our sole discretion, and (2) you are solely responsible for the User Content that you provide to us or transmit to others.
- User Conduct (Things You Must Not Do). In consideration of your use of the Service, you acknowledge and agree that the Service is available for your personal, non-commercial use only. Without restricting anything else in this Agreement, you agree not to
- alter, modify, copy, distribute, frame, reproduce, republish, download, display, post, transmit, or sell in any form or by any means, in whole or in part, Arc Content,
- except to the extent required to be permitted by the law of your jurisdiction, reverse engineer, decompile, or disassemble, translate or otherwise attempt to extract the source code from the Service, the Arc Content, or any part thereof,
- make the Service or Arc Content available to anyone, or permit anyone to access same, nor license, sublicense, sell, resell, publish, republish, transfer, assign, distribute, rent, lease, time-share, copy or otherwise commercially exploit the Service in any way except in furtherance of your permitted use in accordance with this Agreement,
- republish any Arc Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, without our prior written permission or the permission of the particular Content owner, as the case may be,
- use any data mining, robot or similar data gathering or extraction methods with respect to any Service or any Arc Content,
- upload, post, transmit, share or otherwise make available on the Service any User Content that
- consists of any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation,
- contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Insurance Numbers, US Social Security numbers, credit card numbers, financial information and other personally identifying or private information, unless that third party has consented to such use of its private information,
- in our sole discretion, is harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable,
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or
- would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law,
- disable or circumvent any access control or related process or procedure established with respect to the Service, or attempt to gain unauthorized access to the Service or Arc Content,
- remove any copyright or other proprietary notices on or in the Service, Arc Content or any part thereof,
- solicit personal information from anyone under 18 or solicit passwords or personally identifying information from any person for commercial or unlawful purposes,
- use the Service or any Arc Content to “stalk”, intimidate, harm or otherwise harass another User or another person,
- intentionally or unintentionally violate any applicable local, provincial, state, national or international law, including any regulations thereto, or any court order or lawful order of any governmental authority,
- access the Service in order to (i) build a competitive product or service, or (ii) copy any features, functions or graphics of the Service or Arc Content,
- utilize the Service in any way except as expressly permitted by this Agreement, including by developing or using any software tool or other application that interfaces with the Service or the Website except for standard web browsers, or
- interfere with or disrupt the Service or Arc Content (including the servers, networks or technology connected to the Service).
- Nudity and Objectionable Material. You acknowledge and agree that the Service must remain a safe site for families with children, so you agree not to, and we strictly prohibit, the uploading and display of any User Content portraying explicit nudity, adult content, or that is unacceptable for viewing by minors or objectionable, in our sole discretion. For example, but without limitation, prohibited User Content would include material that would be unacceptable in a public museum where minors visit, or User Content that would only be appropriate for adult sites, adult magazines, or R-rated movies. You acknowledge and agree that the sole discretion of whether User Content is suitable belongs to us, and we reserve the right (but have no obligation) to delete any User Content we deem to violate this Agreement.
- Other Uses. Any use of the Service or the Arc Content other than as specifically authorized in this Agreement, without our prior written permission, is strictly prohibited and will automatically terminate all licenses granted by us herein. Such unauthorized use may also violate applicable laws including, without limitation, copyright, privacy, trade-secrets and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any other license to intellectual property rights, whether by estoppel, implication or otherwise.
- Trademarks. Notwithstanding anything else in this Agreement, “Arc”, “thisisarc”, the thisisarc and “thisisarc” logo and design, “Experience // ARC”, the “Experience // ARC” logo and design, and all other trade-marks, trade dress, graphics, logos, designs, page headers, button icons, scripts and service names used by the Arc Companies on or in connection with the Service (collectively, the “Marks”) are registered trademarks, trademarks or trade dress of the Arc Companies or our licensors and all right, title and interest in and to the Marks, whether registered or not, are and shall remain vested in us or in our licensors, as applicable. The Marks may not be used, including as part of trademarks, trade names, trade dress or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
- Third Party Sites and Content. The Service may contain (or you may be presented with through the Service) links to other web sites (“Third Party Sites”) as well as Content belonging to or originating from parties other than us or our Users (the “Third Party Content”). Such Third Party Sites and Third Party Content are not endorsed, verified, investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Service or any Third Party Content available on the Service, including, without limitation, the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites or the Third Party Content. The inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Service and access the Third Party Sites, you do so at your own risk and you acknowledge and agree that our terms and policies do not govern the same. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Service. Reference on the Service to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply (a) endorsement, sponsorship or recommendation thereof by, or (b) or any affiliation thereof with the Arc Companies. You should make appropriate investigation before proceeding with any online or offline transaction with any Third Party. You agree that the Arc Companies are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or for the content of any offer, coupon, advertisement, solicitation or other material provided by or accessed through any Third Party Sites. We reserve the right in our sole discretion and without notice to terminate any and all links to the Website from any Third Party Site, to terminate any links to Third Party Sites from the Website, and to terminate any Third Party Content made available or accessible through the Service.
- Modifications to Service. We make no representation as to the Content that is now, or may in the future be available through the Service. We reserve the right at any time and from time to time to perform maintenance on, to add to, to remove from, to make upgrades and updates to, to suspend, and to modify the Service or any part or Content thereof with or without notice. NOTWITHSTANDING ANY PROVISION HEREIN, YOU AGREE THAT WE SHALL NOT BE LIABLE IN ANY MANNER TO YOU OR TO ANY THIRD PARTY FOR ANY SUCH MAINTENANCE, ADDITION, REMOVAL, UPGRADE, UPDATE, SUSPENSION OR MODIFICATION.
- Advertisements. We may run advertisements and promotions on the Service. You agree that we have the right to run such advertisements and promotions. The manner, mode and extent of advertising by us on the Service is subject to change in our sole discretion.
- General Practices regarding Use and Storage. You acknowledge that we may establish general practices and limits concerning use of the Service, including, without limitation, the maximum number of days that User Content will be retained by the Service, the maximum number of User Content that may be transmitted, posted, shared, used, copied, or otherwise made available on the Service, the maximum size of any User Content, the maximum disk space that will be allotted on the Service servers on any User’s behalf, and the maximum number of times (and the maximum duration for which) any User may access the Service in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any User Content and other communications or Content maintained or transmitted by the Service.
- User-and-User Disputes. You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users and to take any action with respect to any such Users, in our sole discretion.
- No Responsibility for Others’ Content. We are not responsible or liable in any manner for any User Content or Third Party Content available on the Service, whether made available or caused to be made available by Users or by any of the technology associated with or utilized in the Service. Although we provide this Agreement and other policies and rules for User conduct, we do not control and are not responsible for our Users’ actions and are not responsible for any Content you may encounter on the Service, be it User Content or Third Party Content. We are not responsible for the conduct, whether online or offline, of any User. Notwithstanding anything else in this Agreement, the Arc Companies have no responsibility to monitor any User Content or Third Party Content.
- Availability. The Service may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User Content or of Arc Content. We are not responsible for any problems or technical malfunction, including, without limitation, any problem or malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or persons, traffic congestion on the Internet or at any web site (including the those in the Service) or combination thereof.
- AS IS; AS AVAILABLE. THE SERVICE AND THE ARC CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND THE ARC COMPANIES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE ARC COMPANIES CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. THE ARC COMPANIES DO NOT REPRESENT OR WARRANT THAT THE ARC CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. THE ARC COMPANIES DISCLAIM ANY AND ALL RESPONSIBILITY FOR ANY THIRD PARTY CONTENT OR THIRD PARTY SITES.
- Limitation on Liability. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED (AND, THEN, ONLY TO THE STRICT EXTENT OF SUCH RESTRICTION), IN NO EVENT WILL THE ARC COMPANIES, OR THEIR DIRECTORS, PARTNERS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, FOR ANY LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE SERVICE, THE ARC CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SERVICE (INCLUDING ALL THIRD PARTY CONTENT AND THIRD PARTY SITES), EVEN IF THE ARC COMPANIES ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE ARC COMPANIES' LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE ARC COMPANIES FOR THE SERVICE DURING YEAR IN WHICH YOUR SUCH CAUSE AROSE, BUT IN NO CASE WILL ARC’S LIABILITY TO YOU EXCEED $100.00. YOU ACKNOWLEDGE THAT IF NO SUCH FEES ARE PAID BY YOU TO THE ARC COMPANIES FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE ARC COMPANIES, REGARDLESS OF THE CAUSE OF ACTION. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED.
- Copyright, Intellectual Property and Content Complaints. If you believe that any Content on the Service infringes upon any copyright or other intellectual property right that you own or control, or if you otherwise object to any User Content that you find on the Service, you may send a written notification:
by phone: +1.604.728.6820
by e-mail: email@example.com
by regular mail: Arc Creatives Inc., 422 Richards Street, Vancouver, BC V6B 2Z4
The notification must be a written communication that includes the following:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- if the complaint is about copyright or other intellectual property rights, identification of the copyrighted work or other intellectual property right claimed to have been infringed, or, if multiple infringements are covered by a single notification, a representative list of such infringements;
- if the complaint is about objectionable content, the reasons for the objection;
- identification of the material that you are objecting to and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- a statement that the information in the notification is accurate; and
- if the complaint is about copyright or other intellectual property rights, a statement under penalty of perjury, that (i) the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, and (ii) the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the owner thereof, its agent or the law.
- Abuser and Repeat Abuser Policy. We have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, members who are deemed to be repeat infringers of intellectual property or users or posters of objectionable content. We may also, at our sole discretion, limit access to the Service of any User who infringes any intellectual property rights of us or others, whether or not there is any repeat infringement, or otherwise uses or posts objectionable content through the Service.
- Governing Law; Venue and Jurisdiction. You agree that the laws of the Province of British Columbia, Canada, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and us. You hereby irrevocably attorn to the exclusive jurisdiction of the Courts of the Province of British Columbia with respect to any dispute hereunder.
- Indemnity. You agree to indemnify and hold the Arc Companies and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content and any Third Party Content, your use of the Service, your conduct in connection with the Service or with other Users of the Service, or any violation of (a) this Agreement, (b) any law, or (c) any right of any third party.
- Submissions. Notwithstanding any term herein related to User Content, you acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (collectively, “Submissions”), provided by you to us are non-confidential and shall become the sole property of the Arc Companies, who shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination thereof for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
- Electronic Communications. When you use the Service or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by posting notices on the Service at-large. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically or by posting to the Service satisfy any legal requirement that such communications be in writing.
- Interpretation. Headings are for convenience only and shall not be used to interpret, or as a guide for interpretation of, this Agreement. The word “or” is not exclusive and the word “including” is not limiting (whether or not non-limiting language such as “without limitation” or “but not limited to” or other words of similar import are used with reference thereto). A word importing the masculine gender includes the feminine and neuter, a word in the singular includes the plural, a word importing a corporate entity includes an individual, and vice versa and “person” will mean an individual, partnership, corporation (including a business trust), joint stock company, trust unincorporated association, joint venture, or other entity or a government or any agency, department or instrumentality thereof and vice versa.
- Other. This Agreement constitute the entire agreement between you and us regarding the use of the Service, superseding any prior agreements between you and us relating to your use of the Site or the Service. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, unlawful, void or unenforceable for any reason, that provision shall be deemed severable and the remainder of this Agreement shall continue in full force and effect. This Agreement shall enure to the benefit of, and be binding upon, parties hereto and their respective heirs, executors, administrators, successors, and assigns.
- English Language. The parties have requested and agree that this Agreement and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soinet rédigés en anglais.
End of Terms of Service (Last Updated: April 5th, 2016).