Arqspin Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE OR PURCHASING SERVICES.
Restrictions on Use of Material and Content
Material that is made available on or through the Site, whether created, contributed or provided by Arqball or any other party (collectively, “Content”), may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way without the prior written consent of Arqball or the party that contributed such Content to the Site, as applicable; provided, however, that these restrictions shall not apply to Content that you contribute to the Site (“Your Content”). The Content is protected by copyright under both United States and foreign laws. Modification or use of the Content for any purpose not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other applicable laws and Arqball’s or a third party’s intellectual property rights. The Content on this Site is provided for lawful purposes only. All rights not expressly granted herein are reserved to Arqball. If you violate any of these Terms and Conditions, your limited license to use the Site and related Content automatically terminates.
User Account and User Contributions
In order to submit Your Content to the Site, you will be required to create a user account with Arqball. To set up a user account, you will be required to accept separate service terms and conditions (the “Service Terms”), which will establish additional terms and conditions on which Arqball shall provide services.
You acknowledge that you are responsible for Your Content, and you, not Arqball, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish all of Your Content that you submit to the Site. You also acknowledge that Arqball has the right, in its sole discretion, to remove any of Your Content that is illegal, inappropriate, violates copyright law or violates these Terms and Conditions.
Digital Millenium Copyright Act
Arqball will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. Arqball reserves the right to remove Content without prior notice.
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with a notice in writing as provided under 17 U.S.C. 512©(3). Arqball’s designated Copyright Agent to receive notifications of claimed infringement is Michael Holroyd, email: [email protected], fax: (434) 260-1890, phone: (434) 260-1890. You acknowledge that if you fail to comply with all of the requirements of the DMCA, your notice may not be valid.
If you believe that Your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in Your Content, you may send a counter-notice to the Copyright Agent as provided in as provided under 17 U.S.C. 512(g)(1).
If a counter-notice is received by the Copyright Agent, Arqball may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Arqball’s sole discretion.
All remarks, suggestions, ideas or other similar information communicated to Arqball through this Site (together, the “Suggestion”) will permanently be the property of Arqball. Except as otherwise set forth herein, Arqball will not be required to treat any Suggestion as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities to a Suggestion that may appear in future Arqball operations. Without limitation and notwithstanding anything to the contrary herein, Arqball will have exclusive ownership of all present and future existing rights to the Suggestion of every kind and nature everywhere. Arqball will be entitled to use the Suggestion for any commercial or other purpose whatsoever without compensation to you or any other person sending the Suggestion.
Restriction of Liability
The use of the Site and the related Content is at your sole risk. Arqball will not be liable for any damages or injury, including, but not limited to, any damages or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. Arqball will not be liable for any damages or injury (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) that result from the use of, or the inability to use, the Content in this site, even if there is negligence or Arqball or an authorized representative of Arqball has been advised of the possibility of such damages, or both. Arqball’s total liability to you for all losses, damages, and causes of action, whether in contract, in tort (including without limitation, negligence), or otherwise, will not be greater than the amount you paid to access this Site, if any.
The Content on this Site could include technical inaccuracies or typographical errors. Arqball may make changes or improvements at any time. THE CONTENT ON THIS SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. ARQBALL DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ARQBALL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ARQBALL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. IN ADDITION, ARQBALL MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE FOLLOWING: THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE SITE.
Arqball may terminate your right to use the Site at any time. Your right to use the Site shall terminate immediately and automatically if you should breach any of these Terms and Conditions. Upon termination, you must destroy all materials associated with the Site or derived from the Content on the Site. You agree that the following actions shall constitute a breach of these Terms and Conditions:
- Using the Site for any purpose in violation of local, state, national, or international laws;
- Using material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
- Using material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Arqball in its sole discretion;
- Distributing viruses or other harmful computer code;
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the sole judgment of Arqball, exposes Arqball or any of its customers or suppliers to any liability or detriment of any type.
Arqball’s return policy applies only to hardware purchases directly from Arqball — by internet or phone. Arqball values its relationship with you, and offers you the option to return products you purchase directly from us. If you are not satisfied with your product, you may return it in new and working condition within 30 days for an exchange, credit, or a refund of the purchase price paid. Return shipping must be paid by the customer unless separate agreements have been agreed to by Arqball. Unfortunately, products can be damaged in shipping. If your product arrives in a damaged condition you can return it to us to be replaced free of cost.
Any product returned to Arqball without prior authorization from Arqball will be considered an unauthorized return, and the customer will not receive credit for the product and Arqball will not ship the product back to you.
You agree to defend, indemnify, and hold Arqball, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable attorneys’ fees, resulting from, or alleged to result from, your intentional or unintentional violation of these Terms and Conditions.
Mechanics of Billing and Payments
Arqball accepts payments through American Express, Discover, MasterCard, and Visa. Billing to your account occurs at the time of purchase or shortly thereafter. Arqball does not accept any other payment form. You agree to pay for all products and services that you purchase through this website, and you agree that Arqball may charge your selected payment method for any such payments.
Arqball shall ensure that any third party vendors handling credit card processing pursuant to this Agreement (e.g., PayPal) shall adhere to the Payment Card Industry Data Security Standards (“PCI Standards”). In connection therewith, Arqball shall require that any such vendor who receives, maintains, stores, handles, protects, transports or transmits credit card numbers and associated personal information (“User Credit Card Information”) (i) may only use such User Credit Card Information for assisting in completing card transactions, for providing fraud control services, or for uses required by applicable law, and (ii) shall perform customary assessments of its systems and procedures on an on-going basis, and if such assessment reveals any non-compliance with the PCI Standards, it shall take actions to cure such non-compliance.
You are responsible for paying any governmental taxes imposed on your use of Arqball’s services, including, but not limited to, sales, use or value-added taxes. To the extent Arqball is obligated to collect such taxes, the applicable tax will be added to your billing account.
Any fees for your account will be billed from the date you elect, or convert to, an account level other than the Free Service Level (the “Commencement Date”) and on each monthly renewal thereafter unless and until you cancel your account or convert your account back to a Free Service Level account. In the event your Commencement Date occurred on a day not contained in a given month, Arqball will bill your credit card on the last day of such month or year. For example, if your Commencement Date was January 31st, your credit card would be billed on the last day of each calendar month. All fees will be billed and payable in advance of the month to which they relate.
Arqball accepts credit cards and will automatically charge your credit card monthly. If any fee is not paid in a timely manner, or Arqball is unable to process your transaction using the credit card information provided, Arqball reserves the right to terminate your account and/or delete some or all of the content associated with the account so as to convert the account to a Free Service Level account (which is subject to the restrictions described above).
Arqball reserves the right to change its service levels, pricing and service level benefits at any time upon reasonable advance e-mail notice to you. You acknowledge that, unless you cancel your account or convert your account to a Free Service Level account prior to the effective date of any such change, that the amount billed to you after any such change will be the revised amount set forth in Arqball’s notice to you. Your continued use of the Services after the effective date of any changes without any reduction to your service level constitutes your binding acceptance of such changes. In addition, the amount billed to you each month may vary for reasons that include differing amounts due to changes in your account or changes in the amount of applicable sales tax, and you authorize us to charge your credit card for such varying amounts. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods.
Arqball may choose to temporarily change the fees or offer introductory fees for its services for promotional events or new services to some or all of its users, but shall not be required to make all such pricing available to all of its existing users.
Should you elect to upgrade your account to a higher service level, the Commencement Date will be reset and you will be billed for the first month of the upgraded service level on such new Commencement Date as if such Commencement Date was the original Commencement Date as set forth above. You will also receive a credit for a pro rata portion of the amount, if any, that has already been paid for the month in which the upgrade occurs.
If you want to change any of your billing information, including your credit card information, you may edit your information by accessing your “Account” page. It is your responsibility to keep your contact information and payment information current and updated. Arqball reserves the right to suspend or terminate your access to the services without notice upon rejection of any credit card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to Arqball when Arqball believes you are liable for the charges.
Downgrading Your Service Level; Canceling the Services
Your account will continue in effect unless and until you cancel your account or we terminate it. You may cancel your account at anytime, and cancellation will be effective immediately. If you wish to cancel your account, you may do so via your “Account” page.
All fees are prepaid and non-refundable. ARQBALL DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MONTHS OR YEARS EXCEPT AS EXPRESSLY SET FORTH HEREIN. Should you elect to cancel your account or downgrade your account to a lower service level, please note that you will not be issued a refund for the most recently (or any previously) charged monthly fees. You must cancel your account or downgrade your account to the Free Service Level before it renews in a given month in order to avoid billing of the next month’s fees to your credit card.
By signing up for a given service level and providing Arqball with your payment account information, you hereby agree to these payment terms and conditions.
Arqball reserves the right to terminate any accounts under the Free Service Level at any time, with or without notice. Without limiting the generality of the foregoing, if a Free Service Level account is inactive for ninety (90) days, then Arqball may terminate the account and delete any or all of the content associated with the account without providing additional notice.
Jurisdiction and Venue
Except as described otherwise, all materials in the Site are made available only to provide information about Arqball. Arqball controls and operates this site from its headquarters in Charlottesville, Virginia, United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use this site from other locations you are responsible for compliance with applicable local laws. You expressly agree that exclusive jurisdiction for any dispute with Arqball, or in any way relating to your use of the Site, resides in the courts of the Commonwealth of Virginia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Commonwealth of Virginia in connection with any such dispute including any claim involving Arqball. These Terms and Conditions are governed by the laws of the Commonwealth of Virginia, without respect to its conflict of laws principles.
If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Possible evidence of use of this site for illegal purposes will be provided to law enforcement authorities. These Terms and Conditions, together with the terms of any Service Terms between you and Arqball, is the entire agreement between the parties relating to the use of this Site and the services. Arqball can revise these Terms and Conditions at any time by updating this posting. The Site may describe products and services that are not available worldwide. This site may be linked to other sites which are not maintained by Arqball. Arqball is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement by Arqball of the sites.
The following trademarks used herein are owned by Arqball and its affiliates: ARQBALL, ARQSPIN, and ARQBALL SPIN. All other trademarks are the property of the respective trademark owners.
Questions or comments regarding the Site should be directed to Arqball as follows:
Charlottesville, VA 22902
E-mail: [email protected]