Terms & Conditions
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Welcome to www.Arkivum.com (the “Website“), an online resource for information, activities, products and services related to Arkivum Ltd. (“Arkivum“, “We” and “Our“).
These Terms apply to the use of the Website and the services and content included therein by every computer or other communication means (like cellular phones, PDA’s, etc.). These Terms further apply to the use of the Website via the Internet network or any other communication networks.
Accessing our Website
You agree that you are solely responsible for all your acts or omissions associated with your access and use of the Website and the access and use of the Website by anyone on your behalf.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them
While using the Website, you agree to refrain from wilfully, or carelessly –
- Breaching the Terms or any other applicable rules and instructions that We may convey with respect to the use of the Website;
- Interfering with, burdening or disrupting the functionality of the Website;
- Circumventing or manipulating the operation, or functionality of the Services;
- Posting false, inaccurate, or misleading content;
- Using or launching any automated system, including without limitation robots, crawlers and similar applications to collect and compile content from the Website, for the purposes of competing with ARKIVUM, or in such ways that might impair or disrupt the Website’s functionality;
- Displaying the Website or any part thereof in an exposed or concealed frame, or linking to elements on the Website, such as images, independently from the web pages on which they originally appear;
- Displaying content from the Website, including by any software, feature, gadget or communication protocol, which alter the content or its design;
- Impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity;
- Collecting, harvesting, obtaining or processing personal information of or about other users, without their explicit consent;
- Abusing, harassing, threatening, impersonating or intimidating other users;
- Linking to the Website from web pages that contain pornographic content or content that encourages racism, wrong discrimination or other wrongful;
- Violating any applicable local, state, national or international law, statute, ordinance, rule or regulation.
Information about you and your visits to our site
Your usage of this website is recorded. Such information will primarily be used within Arkivum in order to generate statistical data showing which parts of the site are popular.
Links to other sites
The Website may contain links to content published on other websites or external sources, provided by third parties. We do not operate or monitor these websites and content. You may find them or the information and content posted therein not compatible with your requirements, or you may object to their content, or find such content to be annoying, improper, unlawful or immoral. By linking to a certain website, We do not endorse, or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility or liability for such third-party websites or content, or their availability.
All rights, title and interest in and to the Website (except – as provided below with respect to users’ and third parties’ content), including, without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by, or licensed to Arkivum. The Terms do not grant you any rights to patents, copyrights, trademarks (whether registered or unregistered), trade names, trade secrets, domain names or any other rights, functions or licenses with respect of the Website.
Unless otherwise expressly permitted in the Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any of the content on the Website, which is subject to intellectual property rights or other proprietary rights, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means, without prior written authorization from Arkivum.
You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to any of Our trademarks, service marks and logos. You must avoid any action or omission that may dilute or tarnish Our goodwill. Trademarks and advertisements of Arkivum on the Website are the exclusive property of Arkivum.
We do not claim ownership to content that you Post on the Website. However, when you do so, you represent and warrant that you are the rightful owner of all rights to that content or that you are licensed by the rightful owners to Post and use such content on the Website, in accordance with the Terms.
Arkivum respects the intellectual property rights of others. If you believe that certain content published on the Website infringes your rights, you may contact us by using the ‘contact us’ form on the Website, and We will do our best to provide a prompt response to your complaint.
User generated content on the Website
We offer you certain Services and ways to use content on the Website, whether your own content or of other users (such as public comments, 3rd party blogs, links to 3rd party data sources etc.). You may upload or otherwise make your content available when using the Website (for convenience purposes We will name all of these actions as “Post” or “Posting“).
We do not warrant or guarantee that any content that you wish to Post on the Website will be posted or that We will Post it indefinitely.
We encourage free speech and open discussion on the Website. Users may Post comments and content, in some sections of the Website, such as “Arkivum blogs”. You may find some of the comments Posted therein inaccurate, unhelpful, objectionable, annoying, improper, unlawful or immoral. We do not endorse any user generated content and its publication does not attest to Our acceptance of it.
By Posting content on the Website, you accept you are fully accountable for any consequences resulting from Posting the content. You must ensure that such content and its use on the Website are lawful. Among other things, you must not Post any content, which may reasonably be deemed as –
- Infringing or violating intellectual property rights of other parties, including patents, copyrights, trademarks, service marks and trade secrets;
- Identifying minors, their personal details or their address and ways to contact them;
- Software viruses, Trojan Horses, Worms, Vandals, Spyware and any other Malicious Applications or harmful computer code;
- Passwords, user names and other details enabling the use of computer software, digital files, Internet sites or services, requiring registration or charge, without such payment or registration;
- Encouraging, supporting, assisting, providing instructions or advising in the committing of a criminal offence, under the applicable laws;
- Constituting defamation of a person or violating a person’s right for privacy or right of publicity;
- Commercial content, including advertisements, sponsorships, solicitations, endorsements and public relations material which is not related to Arkivum and/or its products, unless you received Our prior consent, and subject to the terms of such consent;
- Prohibited by any applicable law, including court restraining orders, to be Posted, published, disseminated, or otherwise made available to the public;
- Threatening, abusive, harassing, defamatory, libellous, vulgar, obscene or racially, ethnically or otherwise objectionable;
- Unsolicited commercial communications (‘SPAM’), chain letters or pyramid schemes.
- Misleading a consumer;
We may review posted content and delete, remove or block it, or refuse to Post it on the Website, without any prior notice, in Our sole discretion, for any reason that We may consider to be justified, including, without limitation –
- To prevent misuse of the Services;
- To enable civilised discussions;
- When We deem the content to be in breach of the Terms, or an infringement of any applicable law;
- When the owner of content that you have Posted wishes it to be removed, whether as result of a person’s complaint, or of our own initiative.
Under no circumstances will any of the above be construed as an obligation on Our part to review or monitor users content on the Website.
We may also delete content after a certain period of time from initial Posting. Consequently, you might not find content that you or any other user previously Posted on the Website. Should We decide to publish any content that you Posted on the Website – We may edit such content, in Our sole discretion, including shortening it.
Unless written otherwise, the content you Post to the Website will be available to all Internet users. Please exercise caution and common sense when submitting personal details or any other sensitive or confidential information.
Registration and user account
The Website serves all Internet users. However, certain Services (e.g. Arkivum blogs) may be available to registered users only.
If you use a username and password to log-in to certain services on the Website, you agree to maintain your username and password in absolute confidentiality and refrain from disclosing them to others. Make sure that you change your password frequently and at least once every six months.
You are fully accountable for any outcome resulting from your failure to provide true, accurate and complete details in the course of the registration or form completion process, and for any use or misuse of your account on the Website as a result of conveying your details to someone else.
We may deny, or cancel your account, for any reason, at any time and in Our sole discretion.
Disclaimer of Warranty
Arkivum provides the website and the services and content included therein for use on an as is and as available basis. They cannot be customised to fulfil the needs of each and every user. We disclaim all warranties and representations, either express or implied, with respect to the website, including, without limitation, any warranties of merchantability, and fitness for a particular purpose, quality, non-infringement, title, compatibility, performance, security or accuracy.
We do not warrant that the website will operate in an uninterrupted or error-free manner, or that it will always be available or free from all harmful components.
You agree and acknowledge that the use of the website is entirely, or at the maximum permitted by the applicable law, at your own risk.
Limitation of Liability
Arkivum, including its officers, directors, shareholders, employees, sub-contractors and agents will not be liable, to the maximum extent permitted by the applicable law, for any direct, indirect, incidental or consequential damage, or any other damage, and loss (including loss of profit and loss of data), costs, expenses and payments, either in tort, contractual, or in any other form of liability, arising from, or in connection with the use of, or the inability to use the website, or from any failure, error, or breakdown in the function of the website, or from any fault, or error made by our staff or anyone acting on its behalf, or from your reliance on posted content on the website, or from any communication with the website, or with other users on or through the website, or from any denial or cancellation of your user account, or from retention, deletion, disclosure and any other use or loss of your content on the website. In any event, your sole remedy will be limited to correcting such errors, or malfunctions, and in light of the relevant circumstances.
You agree to indemnify, defend and hold harmless Arkivum, its managers, directors, shareholders, employees, sub-contractors, affiliates, agents and anyone acting on their behalf, at your own expense and immediately after receiving a written notice from Arkivum, from and against any damages, loss, costs, expenses and payments, including reasonable attorney’s fees and legal expenses, resulting from any complaint, claim, or demand, arising from or related to your breach of the Terms, or any other terms, rules or regulations applicable to the Website, or your violation, or infringement of other persons rights.
Changes in the Website
From time to time, We may change the Website’s layout, design or display, as well as the scope and availability of the content and Services accessible therein, without giving prior notice. By their very nature, changes of this type may cause inconvenience or even malfunctions at first. You agree and acknowledge that We do not assume any responsibility with respect to, or in connection with the introduction of such changes or from any malfunctions or failures that may result therefrom.
Termination of operation
At all times, Arkivum may terminate the operation of the Website, or any part thereof, either temporarily or permanently. Arkivum will publish a termination notice reasonable time prior to the termination of the Website.
You agree and acknowledge that Arkivum does not assume any responsibility with respect to, or in connection with the termination of the Website’s operations and loss of any data as a result.
Governing Law and Mandatory Arbitration
Amendments to the Terms
From time to time, Arkivum may change the Terms. Substantial changes will take effect 30 days after Arkivum has posted an initial notification on the Service’s homepage or on any other relevant web pages on the Service, with respect to such changes. Other changes will take effect 7 days after their initial posting on the Service, unless Arkivum amends the Terms to comply with legal requirements. In such cases, the amendments will become effective immediately upon their initial posting, or as required.
You agree to be bound by any of the changes made in the Terms, including changes to any and all documents, forms and policies incorporated thereto. Continuing to use the Website will indicate your acceptance of the amended terms. If you do not agree with any of the amended terms, then you must avoid from any further use of the Website.
Correction of errors
We put great effort in ensuring the reliability of facts and information that We Post on the Website. However, errors may sometimes occur. If you think that any information or publication that We have Posted on the Website is erroneous, contact us by using the ‘contact us’ form on the Website.
Arkivum respects the privacy and good reputation of the Website users. If you think that a certain Posting or content published on the Website harms or offends you in any way, you may contact us by using the ‘contact us’ form on the Website, and We will do our best to provide a prompt response to your complaint.