2. AGREEMENT TO BE BOUND.
3. TERMS AND DEFINITIONS.
For the purpose of this Agreement:
- “Arkadin” means Arkadin SA and its subsidiaries.
- “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights and any and all applications, renewals, extensions and restorations thereof in force now or hereafter in effect worldwide.
- "Services” means any services or service components as may be offered by Arkadin from time to time.
4. CHANGED TERMS.
Arkadin shall have the right at any time to change or modify the Terms. Such changes, modifications, additions or deletions shall be binding and effective 30 days after Arkadin’s posting the revised Terms on the Site. You agree to periodically and regularly review the Site, including the current
version of this Agreement, and to be and remain aware of the Terms of this Agreement. If you do not agree to any revision or change, you may terminate the license described below by providing Arkadin with notice of termination to be addressed to the address mentioned on the footer of the arkadin.com website. Any use of the Site by you after the 30-day period shall be deemed to constitute acceptance by you of such changes, modifications or additions.
5. CONSENT TO USE OF DATA; PRIVACY.
6. COPYRIGHT OF SITE CONTENT.
All content included on this Site, such as text, graphics, logos, button icons, images, digital downloads, data compilations and software, is the property of Arkadin and protected by copyright laws. All software used on this Site is the property of Arkadin (or the third party who has granted Arkadin the right to use the software) and is protected by copyright laws.
“Arkadin” and other Arkadin graphics, logos, page headers, button icons, scripts and service names are trademarks, registered trademarks or trade dress of Arkadin or its affiliates in the United Kingdom and/or other countries. Arkadin's trademarks and trade dress may not be used in connection with any product or service without the express written consent of Arkadin.
8. LICENSE AND SITE ACCESS.
Arkadin grants you a non-exclusive limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Arkadin. This license does not include any resale or commercial use of this Site or its contents; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of any person other than you; or any use of data mining, robots or similar data gathering and extraction tools, which are expressly forbidden for any purpose whatsoever. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of Arkadin. You may not frame or utilise framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Arkadin without express written consent. You may not use any meta tags or any other "hidden text" utilising Arkadin's name or trademarks without the express written consent of Arkadin. Any unauthorised use terminates the license granted by Arkadin. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of Arkadin so long as the link does not portray Arkadin’s services in a false, misleading, derogatory or otherwise offensive matter. You may not use any Arkadin logo or other proprietary graphic or trademark as part of the link without express written permission.
9. YOUR ACCOUNT.
If you open an account with Arkadin for Services, you shall be responsible for maintaining the confidentiality of your login name, password and/or pin code and for restricting access to your computer or account. You are responsible for (a) the use of your information or access to the account by any individual with whom you (i) share your user name, password and/or pin code, or (ii) authorise to use your account, and/or (b) any unauthorised use or access that results in whole or in part from your failure to protect the confidentiality of your user name, password, pin code,computer or account. If you are under 18, then the access of the Site and use of the Services must be with the permission, consultation and involvement of the parent or guardian who likewise agrees to this Agreement. Arkadin reserves the right to refuse service, terminate accounts, remove or edit content, or cancel requests for Services in its sole discretion.
10. CONDITIONS OF SERVICES.
You agree that you will not use or access the Site for any commercial purpose other than the fulfillment of your request for Services. You agree to use the Site in a manner consistent with all applicable laws and regulations.
This Agreement remains in effect until terminated by you or Arkadin, with or without prior notice, at any time and for any reason. Sections 6, 7, 8, 12, 13, 14, 15, 16 and 17 shall survive termination of this Agreement.
12. DISCLAIMER OF WARRANTIES.
You agree that access to the Site and the use of the Services is solely at your risk. The Site and all Services are provided by Arkadin on an “as is” and “as available” basis. EXCEPT AS MAY BE OTHERWISE NOTED IN THIS AGREEMENT, ARKADIN 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 OF INTELLECTUAL PROPERTY RIGHTS. ARKADIN DOES NOT MAKE ANY WARRANTY THAT THE SERVICES LICENSED HEREIN WILL MEET YOUR REQUIREMENTS OR THAT ACCESS TO THE SITE OR SERVICES WILL BE AVAILABLE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. ARKADIN MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USING THE SITE OR SERVICES. YOU AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN RISK AND DISCRETION AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR ACCESS OF SUCH MATERIAL AND/OR DATA. ARKADIN MAKES NO WARRANTY REGARDING ANY SERVICES PROVIDED BY THIRD PARTIES THAT ARE OBTAINED THROUGH OR AS A RESULT OF ANY OF THE SERVICES OR ANY TRANSACTION ENTERED INTO, THROUGH OR AS A RESULT OF YOUR USE OF THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ARKADIN OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT THAT CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY. IT IS AGREED THAT THE EXCLUSIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
13. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARKADIN BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PROSPECTIVE BUSINESS ADVANTAGE, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF, MISUSE OF OR INABILITY TO USE THE SITE OR SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SITE OR OTHERWISE ARISING OUT OF THE USE, MISUSE OR UNAVAILABILITY OF THE SERVICES OR SITE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF ARKADIN, AND EVEN IF ARKADIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES SHALL ARKADIN BE LIABLE TO YOU ON ACCOUNT OF YOUR USE OR MISUSE OF THE SITE OR CONTENT PROVIDED IN CONNECTION THEREWITH. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT,INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE (EVEN IF ARKADIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE OR FROM THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SITE, INCLUDING DAMAGES THAT MIGHT BE INCURRED BY THIRD PARTIES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND THE FULLEST EXTENT PERMITTED BY LAW.
15. EXCLUSIVE REMEDY.
You agree that Arkadin’s sole liability and your exclusive remedy, in law, in equity or otherwise, with respect to the Site or for any breach of this Agreement is solely limited to Arkadin’s cure of the Services that did not substantially and materially perform in the manner set forth in the Site or Arkadin’s payment to you of the average monthly charges to you for Services during the past 12 months preceding the date of event, act or omission giving rise to the claim of liability, at Arkadin’s discretion.
16. APPLICABLE LAW.
17. MISCELLANEOUS PROVISIONS.
17.1. If for any reason a court of competent jurisdiction finds any provision or portion thereof to be unenforceable, the remainder of the terms of the Agreement shall continue in full force and effect.
17.2. This Agreement and any expressly incorporated document represents the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral.
17.3. The failure by Arkadin to enforce any provision of this Agreement or portion thereof does not act as a waiver or stop Arkadin from enforcement of the remaining terms.
17.4. The section headings appearing in this Agreement are inserted for convenience only and in no way define, limit, construe or describe the scope or extent of any section or, in any way, affect such section.