Terms of Service
ABOUT THIS EULA
This End User Licence Agreement (“EULA”) sets out the terms on which the service provider named below (the “Provider” or “we”, “us” or “our”) agrees to let you, the end user, access and use its curation platform Arbtr (“Arbtr”). Details of the Provider are set out in the “Contact Us” section towards the end of this EULA.
References to “Arbtr” include the mobile, desktop and any other versions of Arbtr which the Provider makes available and any related and incorporated services, materials and documentation.
The use of Arbtr by minors requires the consent of a parent or guardian. We advise parents who permit their children to use Arbtr to communicate with their children about their safety online. Minors who are using Arbtr should be made aware of the potential risks to them and of their obligation to comply with the terms of this EULA (particularly in relation to Acceptable Use and User Generated Content) when using Arbtr.
PRIVACY
We only use personal data about end users (including that collected through use of Arbtr) as set out in our Privacy Policy.
How we will communicate with you: If we have to contact you we will do so by email using the contact details you have provided.
Anonymous usage information: We may use statistical data arising out of your use of Arbtr for our internal purposes including: research purposes; improving Arbtr and monitoring users. This data will be anonymous statistical data, which may be combined with data generated by other users, and will not identify you or anyone else.
TECHNICAL ISSUES
If you want to learn more about Arbtr or have any problems using it please contact us (including with complaints). If you think Arbtr is faulty or mis-described or wish to contact us for any other reason please email us at info@arbtr.com.
ACCEPTABLE USE
You must only use Arbtr for the purpose of sharing content with the community, and must do so in an honest manner which respects Arbtr and the content on it.
You must not do any of the following: use Arbtr in an unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data; infringe our intellectual property rights or those of any third party (including by the use of Arbtr or our intellectual property rights in a manner not expressly permitted by this EULA); transmit any material that is defamatory, offensive or otherwise objectionable; use Arbtr in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; or not improperly collect or harvest any information or data from Arbtr or our systems or attempt to decipher any transmissions to or from the servers running Arbtr.
LICENCE RESTRICTIONS
You must not do or attempt to do (either yourself or via someone else) any of the following: to use Arbtr for any purpose except personal enjoyment (e.g. commercial gain); except as authorised by us in this EULA (or as permitted by law) to copy, rent, sub-license, loan, modify, adapt, merge, translate, reverse engineer, decompile, disassemble the software included in Arbtr or create adaptations of Arbtr or derivative works based on Arbtr (excluding User Generated Content); or to hack, distribute, modify, transmit, harm, or misuse Arbtr.
PATCHES, UPDATES AND CHANGES
From time to time, we may need to deploy or provide patches, updates, additional content or other modifications to Arbtr (for example to enhance user experience, to add new features or to resolve software bugs). From time to time, we may also at our discretion remove or suspend access to particular features, content or other parts of Arbtr.
USER GENERATED CONTENT
User generated content means any data posted online during the course of using Arbtr. We are not the author of such content and do not moderate or verify it. Accordingly, we shall not be liable for such content and any liability (including liability for copyright infringement or defamation) shall rest solely with the user responsible for generating such content. You undertake not to use Arbtr to upload or post:
advertising or promotional materials or transmit any junk mail or spam or any other form of solicitation for goods or services; any material that you do not have the right to post under any law or under any other obligatory relationship; any material that infringes any intellectual property right including without limitation patent, trademark, trade secret, copyright, or other proprietary rights of any other person; any material that is defamatory, libelous, unlawful, threatening or harmful, abusive, harassing, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; material which promotes or provides instructional information about illegal activities, physical harm or injury against any group or individual; or material related to engaging in any commercial activities.
Indemnity: by uploading or posting any material using Arbtr, you agree to indemnify and hold harmless Arbtr against any claim, expense, loss or damage or other liability which arises out of or in connection with a breach of the above undertakings relating to user generated content.
Notification: if you become aware of any content which may have been posted or uploaded (either by you or any other person) in breach of the user generated content provisions of this EULA then you must notify us immediately by using our report section or by emailing info@arbtr.com with details of the content in question. We will investigate the content and, if appropriate, remove it in accordance with this EULA.
Removal: where we have reasonable grounds to believe any user generated content infringes copyright, is defamatory, obscene, unlawful, objectionable or otherwise does not satisfy the provisions of this EULA, we shall promptly remove, or disable access to, such content and shall take such other actions as we in our discretion determine appropriate.
OUR LIABILITY
Please note that: we provide Arbtr for personal entertainment, on an “as is” basis. This means that we make no warranties about the features, content or other parts of Arbtr; we make no warranties that Arbtr is of satisfactory quality or fit for purpose; and we make no warranties regarding Arbtr’s operation or that it will be error free.
TERMINATION
We may suspend or terminate your right to use Arbtr without notice in the event you breach this EULA. If we end your rights to use Arbtr: you must stop all activities authorised by this EULA, including your use of Arbtr; you must delete or remove Arbtr from all devices in your possession and immediately destroy all copies of Arbtr which you have and confirm to us that you have done this; and we will cease providing you with access to Arbtr.
OTHER WEBSITES
Arbtr may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content. You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
Transferring rights: We may transfer our rights and obligations under this EULA to another organisation. We will always tell you in writing (which may include by email or by posting a notification on Arbtr) if this happens and we will ensure that the transfer will not affect your rights under the contract. You may only transfer your rights or your obligations under this EULA to another person if we agree in writing.
Separate terms: Each of the paragraphs in this EULA operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Delay: Even if we delay in enforcing this EULA we can still enforce it later. If we do not insist immediately that you do anything you are required to do under this EULA, or if we delay in taking steps against you in respect of your breaking this EULA, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Governing law: This EULA is governed by laws of the Province of Québec and the laws of Canada will have exclusive jurisdiction in relation to any action or claim arising out of it.
CONTACT US
Arbtr is a content curation platform and can be reached at: info@arbtr.com
If you are contacting us with a complaint, then please include the following information: your name and email address; details of the complaint (e.g. copyright infringement, improper content, defamatory content); and a hyperlink and the username of the user who posted the content in question. We will review complaints promptly and will inform you of the outcome of our review within a reasonable time of receiving your complaint.
CHANGES TO THIS EULA
We may need to change this EULA from time to time, for example due to changes to the way Arbtr operates or due to changes in the law. If a change is required we will give you at least 30 days’ notice wherever possible (which may include by email or by posting a notification on Arbtr). If you do not accept the notified changes you will not be permitted to continue to use Arbtr.