Effective as of 1 April 2018
ArcLab makes available a platform and digital tool which provides functionality for Users to create, embed and share Interactive NanoLearning(TM) content on websites and apps that you own and / or manage (the “Services”).
By using the Services in any manner, including but not limited to visiting or browsing the Services, you agree to observe and be bound by these Terms and additional conditions and policies referenced within and/or made available by web or mobile hyperlink.
ArcLab reserves the right to modify these Terms at any time. You are deemed to have agreed to the amended Terms by your continued use of the Services following the date which the amended Terms are made publicly available.
In these Terms, “User” refers to any third party that downloads, implements or makes use of the Services.
In these Terms, “User Site” refers to any website, application, mobile application or other online presence offered by the User where the Services can be embedded or used in accordance with the Terms.
2. License and Service
Subject to your compliance with these Terms, ArcLab grants you a limited, non-exclusive, revocable (with or without cause), non-transferable right and license to use the Services.
You agree to use the Services only to display Content (as defined below) on Internet websites that you own or have a legal right to manage. You shall not use the Services to display Content on the Internet websites of any third party from whom you have not obtained permission. You will clearly and conspicuously identify or label all Content provided through the Services (including any recommended or promoted content) in accordance with all applicable laws and regulations.
You agree not to:
- Upload any Content that violates or infringes another party’s rights of publicity, privacy, copyright, trademark or any other intellectual property right.
- Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the integrity or the performance of the Services.
- Make any modification, adaptation, improvement, enhancement, translation or derivative work from the Services.
- Violate any applicable laws, rules or regulations in connection with your access or use of the Services.
- Use the Services in violation of or to circumvent any sanctions or embargo.
- Remove, alter or obscure any proprietary notice (including any notice of copyright and trademark) of ArcLab or its affiliates, partners, suppliers or licensors.
- Use the Services for any purpose for which it is not designed or intended.
- Use the Services to create or promote a product, service or software that directly or indirectly competes with or in any way acts as a substitute for the Services or any services, product or software offered by ArcLab.
- Use any proprietary information or interfaces of ArcLab or any other intellectual property of ArcLab in the design, development, manufacture, licensing or distribution of any application, accessories or devices for use with the Services.
- Use the Services to send, post, or otherwise communicate any Content that is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libellous, deceptive, fraudulent, tortious, obscene, profane, invasive of another person’s privacy, or racially, ethnically or otherwise objectionable.
- Use the Services to send unsolicited or unauthorised messages, advertising or promotional material or any junk mail, spam or chain letters.
- Upload to, or transmit through the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful components.
- Use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the Services, or any data or content found or access through the Services.
- Collect any information in respect of other users without their consent.
- Authorise or encourage anyone to do any of the above.
To use the Services, you will need to register a User Account (“Account”) with ArcLab. You must provide all information as requested by ArcLab in the registration process, and you represent and warrant that all such information that you provide shall be accurate and complete.
When you create an Account and provide information to ArcLab, you represent that:
- If you are individual, you are at least 18 years of age.
- If you are under 18 years of age, you may only use the Services with the consent of and under the supervision of your parent or legal guardian who shall be responsible for all your activities.
- If you are representing a company, organisation or any other legal entity (“Entity”), you have authority to bind the Entity to these Terms, and are capable of entering into and performing legally binding contracts under applicable law.
- You are responsible for all activities under your Account. You, therefore agree to:
- Keep your password secure.
- Keep your account information up to date at all times.
- Comply with ArcLab policies and all applicable laws with respect to your activities and the Content which you upload to the Services.
- You shall not set up multiple Accounts, or transfer or sell your Account or user ID to another party. You must not use another user’s Account without their permission.
The Services may allow Users to upload digital assets such as photos, videos, music, sound, comments, data, text, links and other information for use to create interactive content on websites and apps that you own and / or manage. In these Terms, “Content” includes any material or content that is uploaded, transferred, posted or made available by you through the Services, including any textual, graphic, visual or audio content.
You understand and agree that you are solely responsible for the Content which you upload or share on or through the Services and any loss or damage that you sustain as result of such Content is solely your responsibility.
You represent and warrant that no Content infringes the intellectual property rights, privacy rights, moral or other rights or any third party or violates any applicable law.
You undertake not to upload or make available any Content that: (a) posts, stores, transmits, offers, or solicits anything that contains, or that you know to contain links to: (i) offensive material (including material promoting or glorifying hate, violence, bigotry, or links to any entity principally dedicated to such causes or items associated with such an entity); (ii) material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening; (iii) pornography (including any obscene material, and anything depicting children in sexually suggestive situations whether or not depicting actual children) or may be harmful to a minor; (iv) any security hole, virus, worm, Trojan horse, or other harmful or disruptive component; (v) anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate; (b) Obtains or solicits another person’s password or other personal information under false pretenses; (c) Violates the legal rights of others, including defaming, abuse, stalking or threatening users; (d) Infringes (or results in the infringement of) the intellectual property, moral, publicity or privacy rights of any third party; or (e) Is (or User reasonably believes to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or User reasonably believes to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material.
You acknowledge that ArcLab does not pre-screen Content uploaded by Users. ArcLab shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available on the Services. Without limiting the foregoing, ArcLab shall have the right to remove Content in any of the following events:
- If the Content is in breach of these Terms.
- If ArcLab receives a complaint or notice of infringement in respect of the Content.
- If the Content is otherwise objectionable.
5. Intellectual Property
You acknowledge and agree that ArcLab shall have all copyright, patents, trademarks, trade secrets and other intellectual property rights in the the Services, and all features, templates and content made available by ArcLab to you through the Services. ArcLab does not request feedback regarding the Services. Notwithstanding the foregoing, if you provide ArcLab with any feedback regarding the Services, ArcLab and its affiliates may use all such feedback without restriction and shall not be subject to any non-disclosure or non-use obligations in respect of such feedback. Nothing in these Terms shall be interpreted to provide you any rights in the Services except the limited right to use the Services subject to the terms and conditions hereof. As between the parties, User owns all rights in its User Sites and any content made available through the User Sites, and any Content provided by User to be made available to third parties through the Platform.
The Services may utilise or include third party software that is subject to open source and third party licence terms (“Third Party Software”). You acknowledge and agree that your right to use such Third Party Software as part of the Services is subject to and governed by the terms and conditions of the open source and third party licenses applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, licence terms and disclaimers contained therein. In the event of a conflict between these Terms and the terms of such open source or third party licences, the terms of the open source or third party licences shall prevail with regard to your use of the relevant third party software. In no event shall the Services or components thereof be deemed to be open source or publicly available software.
You are not authorised to use ArcLab’s trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of ArcLab, which may be withheld for any or no reason (Note: Some icons used on our website and app are attributable to flaticon and freepik).
You are responsible for ensuring that you are in compliance with any relevant privacy and data protection laws when you share content created through the Services.
7. No Warranty
You acknowledge and agree that the Services are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Services and any content, products or services accessed or obtained thereby is at your sole risk and secretion.
ArcLab does not represent or warrant that: (a) the use of the Services will be secure, timely, uninterrupted or error free or that they will be compatible or operate in combination with any other hardware, software, system or data; (b) the Services will meet your requirements or expectations; (c) errors or defects in the Services will be corrected; or (d) the Services and ArcLab’s servers are free of viruses or other harmful components.
All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.
The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device you use). ArcLab is not responsible for any delays, delivery failures, damages, or losses resulting from such problems.
No advice or information, whether oral or written, obtained by you from ArcLab or from the Services shall create any representation, warranty or guarantee. Furthermore, you acknowledge that ArcLab has no obligation to support or maintain the Services.
ArcLab disclaims any and all liability or responsibility in relation to the content made available through the Services, including but not limited to the Content uploaded by users or the third party content and services. ArcLab is not responsible or liable in any manner for the third party content and services associated with or utilised in connection with the Services, including the failure of such third party content and services.
You agree to defend, indemnify and hold harmless ArcLab (and its affiliates, officers, directors and employees) from and against any and all damages, costs, losses, liabilities or expenses (including court costs and reasonable attorneys’ legal fees) which ArcLab may suffer or incur in connection with any actual claim, demand, action or other proceeding by any third party arising from or relating to User’s use of the Services or any breach of these Terms by User. User may not settle or compromise such suit without the written consent of ArcLab. ArcLab may be represented in any such suit by counsel of its own choosing at its own expense.
9. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.
IN NO EVENT SHALL ARCLAB OR ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR ANY THIRD PARTY CONTENT AND SERVICES, OR ARISING OUT OF OR IN CONNECTION WITH YOUR CONDUCT OR THE CONDUCT OF OTHER USERS IN CONNECTION WITH THE USE OF THE SERVICES INCLUDING WITHOUT LIMITATION DEATH, BODILY INJURY, EMOTIONAL DISTRESS AND/OR OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OR PERSONS YOU MEET THROUGH THE SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT ARCLAB WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,ARCLAB’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF SINGAPORE DOLLARS ONE ONLY (S$1.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
10. Term and Termination
These Terms shall be effective as of the date that they are accepted by User and shall continue in effect unless and until terminated by either party with 30 days written notice. ArcLab may terminate these Terms and User’s right to use the Platform or Services with written notice if it has reason to believe that User is in breach of any provision of these Terms or is using the Platform in an improper, unlawful or illegal manner. ArcLab may suspend the use of the Platform at any time to the extent necessary to prevent the spread of malware or viruses. Upon any termination or expiration of these Terms, (a) ArcLab will cease providing the Platform and all service provided through the Platform and (b) User will delete all copies of the SDK and remove all content provided through the Platform from all of User’s Internet web User Sites and apps. Sections 6, 8 – 14 of these Terms shall survive any termination or expiration thereof for any reason.
You agree that ArcLab has the right to reveal the fact that you are using the Services, including by displaying your name and/or logo in ArcLab’s website and other marketing materials.
13. Force Majeure
Neither party shall be liable to the other by reason of failure or delay in the performance of its obligations hereunder on account of Acts of God, fires, storms, war, governmental action, labor conditions, earthquakes, natural disasters, interruption in internet service or any other cause which is beyond the reasonable control of such party.
14. Changes to Terms
The effective date of these Terms is set forth at the top of this webpage. ArcLab reserves the right to modify these Terms. If required under applicable law, we will provide you with written notice of our changes. We will not make changes that have a material retroactive effect unless we are legally required to do so. Your continued use of the Services after the Effective Date constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions of or agreements, notices or statements of or about the Terms.
ArcLab does not warrant that the Services will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device to diminish or fail completely, and may result in permanent damage to your device, loss of data located on your device, and corruption of the software and files located on your device. You acknowledge and agree that ArcLab and its directors, subsidiaries, affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
These Terms represent the entire agreement between ArcLab and you regarding the subject matter hereof and supersedes any and all other agreements between ArcLab and you, whether written or oral, regarding the subject matter hereof. ArcLab may make updates, modifications or improvements to the Technology or Service from time to time in its sole discretion. Except as expressly set forth herein, these Terms may not be modified or amended except in a writing executed by both parties. All waivers must be in writing. A waiver of any default hereunder or of any of the terms and conditions of These Terms shall not be deemed to be a continuing waiver or a waiver of any other default or of any other term or condition, but shall apply solely to the instance to which such waiver is directed. ArcLab may provide you with notices required hereunder by contacting you at any email address you provided, including in your registration information. ArcLab may assign its rights or obligations pursuant to These Terms. You agree not to assign (including, without limitation, by operation of law, merger, reorganization, or as a result of an acquisition or change of control) any rights under These Terms; any attempted assignment shall be null and void. If any part of These Terms shall be invalid or unenforceable, such part shall be interpreted to give the maximum force possible to such terms as possible under applicable law, and such invalidity or unenforceability shall not affect the validity or enforceability of any other part or provision of These Terms which shall remain in full force and effect.
ArcLab and you are independent contractors, and nothing in These Terms will be construed to create a partnership, joint venture, agency or other relationship between the parties. Except with respect to payment obligations, neither party will be liable for any failure to perform due to causes beyond the party’s reasonable control. The headings herein and in these Terms are for the convenience of reference only and have no legal effect.
17. Governing Law and Jurisdiction
You hereby agree that the laws of Singapore shall govern this Terms and that the courts of Singapore shall have non-exclusive jurisdiction over any dispute arising out of or in connection with these Terms.
If you have any comments or questions about our Services or Terms, please feel free to contact ArcLab at firstname.lastname@example.org.
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