Arkik Terms of Service
Please read these terms and conditions of use carefully before using or accessing the ARKIK site, or any of the materials contained on or linked to the website. If you do not agree to these terms and conditions, you may cannot access or otherwise use this site or any part of it. or through other means, you indicate that you have read and accept these terms and conditions. ARKIK reserves the right to update or revise these terms and conditions without give you notice, please review these terms and conditions periodically for changes. Your continued use of this site following the posting of any changes to these terms and conditions indicates your acceptance of those changes.
Welcome to the website of ARKIK at http://www.arkik.com (the "ARKIK Site"). These Terms and Conditions of Use govern your use of and access to the ARKIK Site and constitute a binding contract ("Agreement") by and between ARKIK TECHNOLOGIES MEXICO, S.A. DE C.V. ("ARKIK"), a Mexican company headquartered at Avenida Constitución 444 Pte., Colonia Centro, 64000, Monterrey, N.L., Mexico, and you. Please read this Agreement carefully. By clicking the I AGREE button below and using this ARKIK Site and/or inducing use of this ARKIK Site electronically or through other means, you indicate your acceptance of the Agreement and that you:
Acknowledge and you agree that ARKIK specifically disclaims all liability, loss, damage or risk resulting as a direct or indirect consequence of the ARKIK Site;
You acknowledge and agree that your use of the ARKIK Site is subject to the terms of this Agreement, as amended from time to time;
That you will only use the materials on the ARKIK Site for personal, non-commercial, informational purposes, and that you will not modify any of the materials on the ARKIK Site.
1. USER CONDUCT
You agree to comply with all applicable local, state, national and international laws, regulations, ordinances, rules and rules and are solely responsible for all actions or omissions resulting from your use or from your access to the ARKIK Site, including, without limitation, the content of your transmissions through or to the ARKIK Site. By way of example, and not as a limitation, you agree not to do the following:
A. use the ARKIK Site in connection with chain letters, promotional email, spam email, or any duplicate or unsolicited messages (commercial or otherwise);
B. collect, compile or disclose information about third parties, including email addresses, without consent;
C. create a false identity or a forged email address or header, or attempt in any way to mislead others as to the identity of the sender or the origin of a message;
D. transmit through the ARKIK Site unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, offensive or objectionable materials;
E. transmit any material that may infringe the intellectual property rights or other rights of third parties, including without limitation, trademarks, trade secrets or copyrights;
F. transmit any material that contains viruses, trojan horses, worms, time bombs, cancel programs, or any other harmful or deleterious programs;
G. use the ARKIK Site to violate any applicable law that restricts the export or import of data, software or other content:
H. interfere with, or disturb, the operation of the networks connected to the ARKIK Site or violate the rules, policies, rules or procedures of such networks;
I. gain or attempt to gain unauthorized access to the ARKIK Site, or other accounts, computer systems, or networks connected to the ARKIK Site through illegal password mining or any other means;
J. interfere with another member's use and enjoyment of the ARKIK Site;
K. use the ARKIK Site in any way that is unethical or contrary to accepted community standards; or
L. use the ARKIK Site to promote business for the benefit of a competing company or service.
2. USER PRIVACY
It is ARKIK's policy to respect the privacy of users of the ARKIK Site. ARKIK's privacy policy is presented at https://www.arkik.com/terms.
3. CONTENT PROPRIETARY RIGHTS
You agree that the content, including, without limitation, text, data, software, music, sound, photographs, video, graphics, or other materials that you access when using the ARKIK Site is protected by copyrights, trademarks, service marks, patents, trade secrets, data rights, publicity or privacy rights or other intellectual property rights and laws. Unless expressly authorized, you may not sell, rent, modify, copy, republish, transfer or electronically download, display, disclose, transmit, or otherwise distribute the content of the ARKIK Site. You agree that any information provided by or through ARKIK is for informational purposes only and is not intended to provide professional advice.
4. USER PROVIDED CONTENT
By posting or submitting content to the ARKIK Site, you automatically grant ARKIK the right to use, reproduce, perform, display, adapt, modify, distribute, or promote the content in any manner and for any purpose. You further agree and warrant that you have the necessary ownership rights to, or control over, such content and that ARKIK's posting and use of the content does not infringe or violate the rights of any third party. You agree and confirm that you are responsible for all content you post or submit.
5. SPONSORSHIPS
All trademarks, service marks and/or trade names appearing on the ARKIK Site that are not marks of ARKIK, are trademarks of their respective owners. Mention of any third party name, brand, product, or service does not constitute or imply endorsement, endorsement, or recommendation of such third party or its products or services.
6. SUSPENSION OR DENIAL OF ACCESS
ARKIK may, without prior notice, suspend, disconnect, deny or restrict your access to the ARKIK Site: (a) during a technical failure of the ARKIK Site, or during modification or maintenance of the same; (b) If you use the ARKIK Site in a manner that violates this Agreement; or (c) if you do or fail to do anything that in ARKIK's opinion could result in jeopardizing the operation or integrity of the ARKIK Site.
7. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
A. The ARKIK Site may contain links to third party sites, resources and sponsors. The existence of links to and from the ARKIK Site to third party sites does not constitute an endorsement by ARKIK of any third party site, resources, sponsors or content, and ARKIK does not accept any responsibility, directly or indirectly, for any such sites. , resources, sponsors or content.
B. ARKIK does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information presented or distributed through the ARKIK Site. You agree that by relying on any such opinions, advice, statements or information, you do so at your own risk.
C. ARKIK does not verify, and cannot verify, all materials posted to the ARKIK Site by users, and ARKIK is not responsible for any such material.
D. THE ARKIK SITE, INCLUDING ALL CONTENT, SOFTWARE, FEATURES, MATERIALS AND INFORMATION PRESENTED ON OR ACCESSED THROUGH THE ARKIK SITE IS PROVIDED "AS IS". ARKIK AND ITS PARTNERS MAKE NO RESPONSIBILITY OR WARRANTIES OF ANY KIND WITH RESPECT TO: (1) THE CONTENT ON THE ARKIK SITE; (2) THE MATERIALS, INFORMATION OR FUNCTIONS ACCESSED BY MEANS OF THE SOFTWARE USED ON THE ARKIK SITE OR ACCESSED THROUGH THE ARKIK SITE; (3) ANY THIRD PARTY PRODUCTS OR SERVICES OR LINKS TO THIRD PARTIES; OR (4) ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE ARKIK SITE OR ANY LINKED SITE. ARKIK AND ITS PARTNERS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THOSE OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ARKIK DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE ARKIK SITE OR ANY MATERIAL OR CONTENT THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ALL DEFECTS WILL BE CORRECTED, OR THAT THE ARKIK SITE OR THE SERVER ON WHICH IT OPERATIONS IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ARKIK DOES NOT ACCEPT ANY RESPONSIBILITY FOR ANY LOSS OR DAMAGE (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, OR DIRECT LOSS OR DAMAGES) RESULTING FROM THE USE OF THE ARKIK SITE WHETHER ARISING FROM ANY NEGLIGENT ACT OR OMISSION. IF ANY LAW, RULE OR DECISION MEANS THAT ANY TERM OR WARRANTY CANNOT BE EXCLUDED, ARKIK'S SOLE LIABILITY SHALL BE, IN THE CASE OF GOODS OR SERVICES, TO RE-SUPPLY THE GOODS OR SERVICES, OR PAY FOR THE COST OF SUPPLYING THEM. GOODS OR SERVICES AGAIN.
E. ARKIK may offer its members tools to transact or otherwise interact with third parties, including individuals. Members must take appropriate steps when providing information to such third parties or in other interactions with such third parties. All contacts or interactions between you and third parties are done at your risk, and ARKIK has no responsibility for such contacts or interactions.
8. INDEMNIFICATION
You hereby agree to indemnify, defend and hold harmless ARKIK and all of its subsidiaries, affiliates, representatives, directors, owners, agents, employees, information providers, partners, licensees and licensees (collectively the "Indemnified Parties") from all liability and costs incurred by the Indemnified Parties in connection with any claim related to any violation of this Agreement by you, any unauthorized use of the Site Content, or any violation by you from the foregoing representations, warranties or clauses, including without limitation, attorneys' fees and expenses. You must fully cooperate as reasonably required in the defense of any claim. ARKIK reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you should not in any event settle any matter without ARKIK's written consent.
9. APPLICABLE LAW AND JURISDICTION
This Agreement, and all matters arising out of or related to this Agreement, shall be governed by the laws of Mexico, notwithstanding its choice of law rules. The Parties agree that any legal action or demand related to this Agreement must be brought and filed in the courts of Mexico, at the corresponding site, and the parties voluntarily submit to the jurisdiction of said courts for such purposes.
10. INVALIDITY
If a provision of this Agreement or a right or remedy contained herein is invalid or unenforceable in a particular jurisdiction: (a) it shall be construed or excluded in such jurisdiction only to the extent of the invalidity or unenforceability of the provision and (b) does not affect the validity or enforceability of such provision in another jurisdiction or the remaining provisions in any jurisdiction.
11. DISCLAIMER
The individual or partial use of a right does not exclude the future use of said right or the use of another right. If one of the parties does not use a right or delays in the use of said right, it does not prevent the use of said right or function as a waiver. A waiver is only valid in the specific case and for the specific purpose of its issuance.
12. RIGHTS
The rights and remedies of a party under this Agreement do not exclude any other rights or remedies provided by law.
13. ENTIRE AGREEMENT
This Agreement is the entire agreement between you and ARKIK with respect to the matters discussed herein. No interpretation, arrangement, statement or stipulation not expressly included in this document is binding. All correspondence, negotiation and other communications related to the matters dealt with in this document that precede this Agreement are suspended by this document and incorporated into it.