Arkcess Terms of Service
An Introduction to Arkcess’s Terms of Service
Welcome to Arkcess! Here is a quick summary of the highlights of our Terms of Service:
1. Our mission Arkcess provides a platform that lets date and meets new people.
2. You own the content that you post; you also grant us and other users of the Arkcess platform certain rights and licenses to use it. The details of these licenses are described in section 3(c) below.
3. You are responsible for the content that you post. This includes ensuring that you have the rights needed for you to post that content and that your content does not violate the legal rights of another party (for example, defamation) or any applicable laws.
4. You can repost content from Arkcess elsewhere, provided you attribute the content back to the Arkcess platform and respect the rights of the original poster, including any “not for reproduction” designation.
5. You agree to follow the rules of our platform. When you use the Arkcess platform, you also agree to our Terms of Service and accept our Arkcess Privacy Policy.
6. We offer tools for you to give feedback and report complaints. If you think someone has violated your intellectual property rights, other laws, or Arkcess's policies, you can initiate a report in the App.
We are pleased that you want to join the Arkcess platform and encourage you to read the full Terms of Service.
Arkcess Terms of Service
Last Updated: September 1, 2020
Welcome to Arkcess! Arkcess is a platform designed to help people buy and sell anything agriculture.
These terms of service (“Terms of Service”) sets forth the agreement (“Agreement”) between you and Arkcess Technology, Ltd. (“Arkcess” “we” or “us”). It governs your use of the products and services we offer through our web and applications (collectively the “Arkcess Platform”).
Please make sure to read it, because, by using the Arkcess Platform, you consent to these terms.
Using the Arkcess Platform
a. Who Can Use It. Anyone above the age of 18 is free to use our platform.
b. Registration. When you set up a profile on the Arkcess Platform, you will be asked to provide certain information about yourself. You agree to provide us accurate information, including your real name, when you create your account on the Arkcess Platform. We will treat information you provide as part of registration in accordance with our Privacy Policy. You should take care in maintaining the confidentiality of your password.
c. Privacy Policy. Our privacy practices are set forth in our Privacy Policy. By use of the Arkcess Platform, you agree to accept our Privacy Policy, regardless of whether you are a registered user.
d. Termination. You may close your account at any time by going to account settings and disabling your account. We may terminate or suspend your Arkcess account if you violate any Arkcess policy or for any other reason.
e. Changes to the Arkcess Platform. We are always trying to improve your experience on the Arkcess Platform. We may need to add or change features and may do so without notice to you.
f. Feedback. We welcome your feedback and suggestions about how to improve the Arkcess Platform. Feel free to submit feedback in the App or on our App store review. By submitting feedback, you agree to grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, freely and without compensation to you.
2. Your Content
a. Definition of Your Content. The Arkcess Platform enables you to add posts, texts, photos, videos, links, and files to share with others. All material that you upload, publish or display to others via the Arkcess Platform will be referred to collectively as “Your Content.” You acknowledge and agree that, as part of using the Arkcess Platform, Your Content may be viewed by the general public.
b. Ownership. You, or your licensors, as applicable, retain ownership of the copyright and other intellectual property in Your Content, subject to the non-exclusive rights granted to us below.
c. License and Permission to Use Your Content.
i. By submitting, posting, or displaying Your Content on the Arkcess Platform, you grant Arkcess and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable (through multiple tiers), license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, store, display and distribute, and otherwise use Your Content in connection with the operation or use of the Arkcess Platform or the promotion, advertising or marketing thereof, in any and all media or distribution methods (now known or later developed). You agree that this license includes the right for Arkcess to make Your Content available to other companies, organizations, business partners, or individuals who collaborate with Arkcess for the syndication, broadcast, distribution or publication of Your Content through other media or distribution methods. This license also includes the right for other users of the Arkcess Platform to use and modify Your Content, subject to our Terms of Service.
ii. You acknowledge and agree that Arkcess may preserve Your Content and may also disclose Your Content and related information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any of Your Content violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of Arkcess, its users, or the public.
iii. You understand that we may modify, adapt, or create derivative works from Your Content in order to transmit, display or distribute it over computer networks, devices, service providers, and in various media. We also may remove or refuse to publish Your Content, in whole or part, at any time.
iv. You further give us the permission and authority to act as your nonexclusive agent to take enforcement action against any unauthorized use by third parties of any of Your Content outside of the Arkcess Platform or in violation of our Terms of Service.
d. Your Responsibilities for Your Content.
By posting Your Content on the Arkcess Platform, you represent and warrant to us that: i) you have the ownership rights, or you have obtained all needed licenses or permissions from any necessary parties, to use Your Content and grant us the rights to use Your Content as provided for under this Agreement, and ii) that posting Your Content violates no intellectual property or personal right of others or any applicable law or regulation. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others or violation of laws and regulations in connection with Your Content.
3. Our Content and Materials
a. Definition of Our Content and Materials. All intellectual property in or related to the Arkcess Platform (specifically including, but not limited to our software, the Arkcess marks, the Arkcess logo, but excluding Your Content) is the property of Arkcess Inc., or its subsidiaries and affiliates, or content posted by other Arkcess users licensed to us (collectively “Our Content and Materials”).
b. Data. All data Arkcess collects (“Data”) about use of the Arkcess Platform by you or others is the property of Arkcess Inc., its subsidiaries, and affiliates. For clarity, Data does not include Your Content and is separate from Our Content and Materials.
c. Our License to You.
i. We grant you a limited, non-exclusive license to use and access Our Content and Materials and Data as made available to you on the Arkcess Platform in connection with your use of the Arkcess Platform, subject to the terms and conditions of this Agreement.
ii. We may terminate our license to you at any time for any reason. We have the right but not the obligation to refuse to distribute any content on the Arkcess Platform or to remove content. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
d. No Endorsement or Verification. Please note that the Arkcess Platform contains access to third-party content, products and services, and it offers interactions with third parties. Participation or availability on the Arkcess Platform does not amount to endorsement or verification by us. We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Arkcess Platform by anyone.
e. Ownership. You acknowledge and agree that Our Content and Materials remain the property of Arkcess's users or Arkcess. The content, information and services made available on the Arkcess Platform are protected by NIGERIA. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable.
4. Integrated Service Provider
You may enable another online service provider, such as a social networking service (“Integrated Service Provider”), to be directly integrated into your account on the Arkcess Platform. By enabling an integrated service, you are allowing us to pass to, and receive from, the Integrated Service Provider your log-in information and other user data. For more information about Arkcess’s use, storage, and disclosure of information related to you and your use of integrated services within Arkcess, please see our Privacy Policy. Note that your use of any Integrated Service Provider and its own handling of your data and information is governed solely by their terms of use, privacy policies, and other policies.
5. More About Certain Offerings on the Arkcess Platform
a. Digests. When you sign up for the Arkcess Platform, the service includes receipt of a digest of questions and answers that may be of interest to you. You can opt-out of receipt of the digest, and adjust other communication settings, by going to “Email and Notification” settings in your account profile, as further described in our Privacy Policy.
b. Advertisements. The Arkcess Platform may include advertisements, which may be targeted to content or information on the Arkcess Platform, queries made through the Arkcess Platform, or other information, to make them relevant to you. The types and extent of advertising by Arkcess are subject to change. In consideration for Arkcess granting you access to and use of the Arkcess platform; you agree that Arkcess and its third-party providers and partners may place such advertising on the Arkcess platform. If you wish to become an advertiser, you will be required to enter separate and supplemental terms with us about providing advertising services on the Arkcess Platform.
c. Legal, Medical & Other Professional Contributors. Some users who post content are members of legal, medical, and other licensed professions (collectively, “Professional Contributors”). Content posted by Professional Contributors should be not be relied on as a substitute for advice from a professional that is appropriate for your specific situation. Arkcess has provided certain disclaimer template language that Professional Contributors may edit and incorporate in their answers. Ethics rules differ by state or location, and it is the responsibility of Professional Contributors to determine and provide disclaimers appropriate for their profession and the content provided.
d. Buttons, Links and Widgets. You have permission to use Arkcess's buttons, links, and widgets, subject to these Terms of Service (including the disclaimers and limitations of liability) and provided that: (a) your use of such buttons, links and widgets link only to the Arkcess Platform; (b) you will not modify such buttons, links, or widgets or associated code in any manner; (c) you will not use any such buttons, links, or widgets in any manner which implies or suggests that Arkcess endorses, sponsors, or recommends the website on which such buttons, links and widgets are used.
e. Web resources and third-party services. The Arkcess Platform may also offer you the opportunity to visit links to other websites or to engage with third-party products or services. You assume all risk arising out of your use of such websites or resources.
f. Services that Require Separate Agreement. Certain features or services may require that you enter into a separate and supplemental written agreement prior to use.
6. DISCLAIMERS AND LIMITATION OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF Arkcess ENTITIES TO YOU.
“Arkcess ENTITIES” MEANS Arkcess INC., AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
a. WE ARE PROVIDING YOU THE Arkcess PLATFORM, ALONG WITH OUR CONTENT AND MATERIALS AND THE OPPORTUNITY TO CONNECT WITH OTHERS, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Arkcess ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USEAGE.
b. Arkcess MAKES NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR: (i) CONTENT POSTED BY ANY USER OR THIRD PARTY; (ii) ANY THIRD-PARTY WEBSITE, THIRD-PARTY PRODUCT, OR THIRD-PARTY SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE Arkcess PLATFORM, INCLUDING AN INTEGRATED SERVICE PROVIDER OR PROFESSIONAL CONTRIBUTOR; (iii) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE Arkcess PLATFORM; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT. Arkcess MAKES NO WARRANTY THAT: (a) THE Arkcess PLATFORM WILL MEET YOUR REQUIREMENTS; (b) THE Arkcess PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS OR INFORMATION THAT YOU MAY OBTAIN FROM THE USE OF THE Arkcess PLATFORM, A PROFESSIONAL CONTRIBUTOR, OR ANY OTHER USER WILL BE ACCURATE OR RELIABLE; OR (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED OR PURCHASED BY YOU THROUGH THE Arkcess PLATFORM WILL BE SATISFACTORY.
c. YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, Arkcess ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, Arkcess ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE Arkcess PLATFORM.
d. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE Arkcess PLATFORM IS TO STOP USING THE Arkcess PLATFORM.
e. WITHOUT LIMITING THE FOREGOING, Arkcess’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE Arkcess PLATFORM OR THIS AGREEMENT IS LIMITED TO THE AMOUNT PAID TO Arkcess IN CONNECTION WITH THE Arkcess PLATFORM IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
f. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART, AND THE FOREGOING SECTIONS 8(c), 8(d), AND 8(e) WILL NOT APPLY TO A RESIDENT OF NEW JERSEY, TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF Arkcess’S NEGLIGENT, FRAUDULENT, RECKLESS, OR INTENTIONAL MISCONDUCT.
7. Indemnification
You agree to release, indemnify, and defend Arkcess Entities from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: i) your use of the Arkcess Platform, ii) Your Content, iii) your conduct or interactions with other users of the Arkcess Platform, or iv) your breach of any part of this Agreement. We will promptly notify you of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defence and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defence of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.
8. General Terms
a. Changes to these Terms. We may amend this Agreement at any time, in our sole discretion. If we amend material terms to this Agreement, such amendment will be effective after we send you notice of the amended agreement. Such notice will be in our sole discretion, and the manner of notification could include, for example, via email, posted notice on the Arkcess Platform, or other manner. You can view the Agreement and our main policies at any time. Your failure to cancel your account, or cease use of the Arkcess Platform, after receiving notification of the amendment, will constitute your acceptance of the amended terms. If you do not agree to the amendments or to any of the terms in this Agreement, your only remedy is to cancel your account or to cease use of the Arkcess Platform.
b. Governing Law and Jurisdiction. You agree that Arkcess is operated in the Nigeria and will be deemed to be solely based in Nigeria and a passive service for purposes of jurisdictional analysis. For any claims for which arbitration is inapplicable, you agree that such claims will be brought in federal or state court in Nigeria and governed by laws of the Federal Republic of Nigeria, without regard to any conflict of law provisions.
c. Use Outside of the Nigeria. Arkcess expressly disclaims any representation or warranty that the Arkcess Platform complies with all applicable laws and regulations outside of the Nigeria. If you use the Arkcess Platform outside of the Nigeria, you expressly understand and agree that you are responsible for determining compliance with different laws, regulations, or customs that may apply in connection with your use of the Arkcess Platform.
d. Export. The Arkcess Platform is controlled and operated from our Nigeria offices. Arkcess software is subject to Nigeria export controls. No software for Arkcess may be downloaded or otherwise exported or re-exported in violation of any applicable laws or regulations. You represent that you are not (1) located in a country that is subject to a Nigeria government embargo, or that has been designated by the Nigeria government as a “terrorist supporting” country, and (2) listed on any NIGERIA. government list of prohibited or restricted parties.
e. Applications and Mobile Devices. If you access the Arkcess Platform through a Arkcess application, you acknowledge that this Agreement is between you and Arkcess only, and not with another application service provider or application platform provider (such as Apple Inc. or Google Inc.), which may provide you the application subject to its own terms. To the extent you access the Arkcess Platform through a mobile device, your wireless carrier’s standard charges, data rates, and other fees may apply.
f. Survival. The following provisions will survive expiration or termination of this Agreement: Section 2(e)(Termination), 2(g)(Feedback), Section 3(Your Content), Section4(a)-(b) and (d)-(f)(Our Content and Materials), Section 8 (Disclaimers and Limitation of Liability), Section 9 (Indemnification), Sections 10 (Dispute Resolution), and Section 11 (General Terms).
g. Assignment. You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without our prior written consent; any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.
h. Electronic Communications. You consent to receive communications from us by email in accordance with this Agreement and applicable law. You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.
i. Entire Agreement/ Severability. This Agreement supersedes all prior terms, agreements, discussions and writings regarding the Arkcess Platform and constitutes the entire agreement between you and us regarding the Arkcess Platform (except as to services that require separate written agreement with us, in addition to this Agreement). If any provision in this Agreement is found to be unenforceable, then that provision will not affect the enforceability of the remaining provisions of the Agreement, which will remain in full force and effect.
j. Interpretation. In construing or interpreting the terms of this Agreement: (i) the headings in this Agreement are for convenience only, and are not to be considered, and (ii) no presumption is to operate in either party’s favor as a result of its counsel’s role in drafting this Agreement.
k. Relationship. This Agreement does not create a joint venture, agency, partnership, or other form of joint enterprise between you and us. Except as expressly provided herein, neither party has the right, power, or authority to create any obligation or duty, express or implied, on behalf of the other.
l. Waiver. No wavier of any terms will be deemed a further or continuing waiver of such term or any other term. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.
m. Further Assurances. You agree to execute a hard copy of this Agreement and any other documents, and to take any actions at our expense that we may request to confirm and effect the intent of this Agreement and any of your rights or obligations under this Agreement.