Terms Of Service
2. This Agreement contains the complete terms and conditions that govern the use of the Company’s application named Arbit (“Arbit” or the “Application”). BY CLICKING THE “I AGREE” BUTTON BELOW OR BY ACCESSING, DOWNLOADING, USING AND/OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THIS APPLICATION, OR OTHER COMPANY SOFTWARE, SERVICES, WEBSITES OR CONTENT (COLLECTIVELY “SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.
3. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS APPLICATION. THE COMPANY RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT THE COMPANY’S SOLE DISCRETION. CONTINUED USE OF THE APPLICATION OR THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
4. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO arbitapp.io/#section_terms
5. ACCESS TO THE APPLICATION. To access the Application, services, links or other content, you may be asked to provide certain registration details or other information. It is a condition of your use of this Application that all the information you provide will be correct, current, and complete. If the Company believes the information you provide is not correct, current, or complete, Company has the right to deny access to the Application, or to any of its resources, and to terminate or suspend your access at any time.
6. APPROPRIATE USE OF THE SITE. All Users must abide by this Agreement. If a User fails to follow any of the terms or conditions of this Agreement or any other applicable guidelines and/or rules of behavior, the Company can discontinue your ability to use the Application. In addition, the Company has the right to delete any piece of content or material, comment, as well as any topic or profile that the Company finds objectionable in its sole discretion. You alone are totally responsible for any activity that takes place on the Application from your account. If you become aware of any unauthorized use of your username and/or password, it is your responsibility to notify the Company immediately. It is up to you to maintain the confidentiality of your password and username.
7. NO UNLAWFUL ACCESS. You agree that you will not use the Application in any manner that could in any way disable, overburden, damage, or impair the Application or otherwise interfere with any other party’s use and enjoyment of the Application. You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through authorized use of the Application.
8. PERSONAL AND NON-COMMERCIAL USE LIMITATION. This Application is for your personal and non-commercial use, unless otherwise specified. You may not use any Company service, including the Application, for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of the Company, which permission will be at Company’s sole and absolute discretion. You must not post, upload or link to anything that advertises any commercial endeavor (e.g., offering for sale any products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), or solicits funds, advertisers or sponsors for any purpose. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, sell or otherwise infringe on any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to Company’s services, including the Application.
9. PROPRIETARY INFORMATION. You acknowledge and agree that all content not provided by you and that is found on the Application or the Company’s services (the “Content”), including any necessary software used in connection with the Application and any of the Services provided by the Application (“Software”), contain proprietary and confidential information that is the property of Company and its licensors and is protected by applicable intellectual property and other laws. No rights, title, or interest in and to any of the Content or Software used in connection with the Application is provided, transferred or assigned to you. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Application from advertisers or sponsors is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the Company or its advertisers and sponsors, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Content or Software, in whole or in part. You also acknowledge Company’s exclusive rights in the Company’s trademarks and service marks.
10. USER GENERATED CONTENT. As a registered user, you will have the ability to upload and post a variety of content to the Application, including, but not limited to, text, audio, video, photographs, graphics, remarks, suggestions, ideas, graphics, or other information (“User Content”). We respect your rights to all such User Content, or other information communicated by you to the Company through this Application or the services. In order for the Application and Services to work properly, however, User Content must be available to other users and to the Company. Thus, you hereby grant to Company a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your User Content, and to incorporate any such User Content in other works in any form, media, or technology now known or later developed. You agree that the Company will not be bound to treat any User Content as confidential and may use any User Content in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations or business. Nothing contained herein shall be interpreted to limit any legal rights you may have to your User Content. You, not the Company, have sole responsibility for all User Content that you upload, post, email, transmit or otherwise make available through the Application or the Services, and to make sure that you are in compliance with the proper use of the Application as set forth in Section 12 of this Agreement below relating to such Content. Any Content that you write, post, upload or link to on this Application is entirely your responsibility. The Company shall have no liability of any kind with respect to any User Content posted by you or other users through the Application. You agree that you must assess and bear all risks associated with your use of any User Content. In this regard, you may not rely on any Content created by other users or otherwise created, distributed and displayed on any part of the Application. The Company does not control or monitor the User Content posted via the Application and, as such, does not guarantee the accuracy, integrity or quality of such User Content.
11. LINKING. The Company may provide, or other parties including other Application users, may provide links to websites or other internet content, or resources which are not maintained by, or related to the Application. Links to such sites are provided as a service to our users and are not sponsored by, endorsed or otherwise affiliated with the Application or the Company. The Company has no control over these sites and any content thereon and makes no representations or warranties about the content, completeness, quality or accuracy of any such third party content, websites, or information. Therefore you acknowledge and agree that the Company is not responsible for the availability of such links, and that the Application and the Company do not endorse and are not responsible or liable for any content, advertising, products, or other materials made available on or from these linked websites. You also acknowledge and agree that the Application and the Company are not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by or in relation to the use of any content, goods or services offered through these links or any failures and/or disruption to your computer system that may result from your use of any such links, or for any intellectual property or other third party claims relating to your posting or using such links. YOU AGREE THAT IF THE COMPANY REQUESTS YOU TO DISABLE ANY LINK YOU HAVE POSTED, AND IF YOU FAIL TO DO SO WITHIN 24 HOURS AFTER RECEIVING THE REQUEST TO DISABLE, THE COMPANY HAS THE RIGHT TO DISABLE THE LINK WITHOUT ANY FURTHER NOTICE TO YOU.
12. STANDARDS OF USE OF THE APPLICATION. The Application may contain forums, bulletin board services, chat areas, message boards, news feeds, news groups, communities, personal profiles, calendars, and/or other User Content modules designed to allow you to share User Content with other users. You agree to use the Application only to post, send and receive messages and content that are considered proper. Among other actions, when using a this Application, you agree that you will not post, send, submit, publish, or transmit in connection with this Site, or cause to be posted, sent, submitted, published or transmitted, any material that:
i. you do not have the right to post any proprietary material of any third party, which includes any material protected by intellectual property laws (or by rights of privacy or publicity);
ii. advocates illegal activity, discusses an intent to commit an illegal act or violates any law;
iii. is vulgar, obscene, pornographic, or indecent;
iv. threatens or abuses others;
v. is libelous or defamatory towards others;
vi. is racist, abusive, harassing, threatening or offensive;
vii. seeks to exploit or harm children by exposing them to inappropriate content, or asking for personally identifiable details or information;
viii. harvests or otherwise collects information about others, including e-mail addresses, without their consent;
ix. impersonates or misrepresents your connection to any other entity or person or otherwise manipulates or forges headers or identifiers to disguise the origin of content;
x. falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded (e.g., copyright, trademark or patent notices);
xi. advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site;
xii. solicits funds, advertisers or sponsors for any purpose;
xiii. includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications device;
xiv. disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real-time activities via this Site;
xv. amounts to a pyramid or other like scheme, including contests, chain letters, and surveys;
xvi. disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this Site or any networks connected to this Site; or
xvii. contains hyperlinks to other sites that contain content that falls within the scope of this Section.
12.1 You acknowledge that the Company may or may not pre-screen an materials uploaded to the Application but that the Company and its designees shall have the right, but not the obligation, in its sole discretion to pre-screen, refuse, remove, or delete any User Content that violates this Agreement or is otherwise objectionable as determined by the Company in its sole discretion.
12.2 The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Application (or any part thereof) with or without notice. You agree that the Company will not be liable to you or any third party for any modification, suspension or discontinuance of the Application.
12.3 WHILE THE COMPANY EXPLICITLY PROHIBITS THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT AND THAT YOUR USE OF THE APPLICATION IS ENTIRELY AT YOUR OWN RISK, AND THAT THE COMPANY SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT.
12.4 YOU UNDERSTAND AND AGREE THAT IF YOUR USE OF THE APPLICATION VIOLATES ANY OF THE ABOVE CONDUCT, THE COMPANY CAN TERMINATE YOUR USE OF THE APPLICATION IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF OR A HEARING
14. DISCLOSURE OF INFORMATION REQUIRED BY LAW. The Company may preserve and store your account information and User Content if it believes in good faith that such preservation is necessary to comply with legal processes, respond to claims that the User Content violates the rights of third parties, or to protect the rights, property or personal safety of the Application, its users or the public.
16. DISCLAIMER & LIMITATIONS ON LIABILITY. USE OF THE APPLICATION IS AT YOUR SOLE RISK. THE APPLICATION’S SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY 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. THE COMPANY MAKES NO WARRANTY THAT (1) ITS SERVICE WILL MEET YOUR REQUIREMENTS, (2) THE SERVICES PROVIDED THROUGH THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE APPLICATION WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF THE APPLICATION OR ANY OF ITS SERVICES WILL MEET YOUR EXPECTATIONS, OR (5) THAT ANY ERRORS IN THE APPLICATION’S SOFTWARE WILL BE CORRECTED.
16.1 COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORSEEABLE.
16.2 IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
17. TRADEMARKS AND COPYRIGHTS. Trademarks, service marks, logos, and copyrighted works, including software (hereinafter, “Intellectual Property”) appearing in the Application are the property of the Company or the party that provided the Intellectual Property to the Company. The Company and any party that provides Intellectual Property to Company retain all rights with respect to any of their respective Intellectual Property appearing in this Site.
18. COPYRIGHT INFRINGEMENT. If you believe that there is content on the Application that belongs to you and has been used without your permission in a way that constitutes copyright infringement, please provide Company’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Company and its affiliates that your copyrighted material has been infringed. Please include the following:
— A description of the copyrighted work that you claim has been infringed upon;
— A description of where the material that you claim is infringing is located on the Application, including, for example, the username of the person who posted it, the date of the post, or any other information that will assist us in identifying where the material is located in the Application;
— Your address, telephone number, and e-mail address where we can reach you;
— An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work;
— A statement by you that you have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, or the law;
— A sworn statement by you that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf and that you understand that a false statement may be punishable by law.
The Company’s Copyright Agent for notice of claims of copyright infringement on the Application or other Services can be reached as follows:
7500 Rialto Blvd #250, Austin, TX 78735
21.2 Nothing contained in this Agreement shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
21.4 The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by the Company must be in writing and signed by an authorized representative of the Company.
21.5 The section titles in the Agreement are for convenience only and have no legal or contractual effect.
Version 1.0, October 2016