Terms of Service
IMPORTANT: Do not continue without reading these Terms of Service ("Terms") carefully. By clicking on the "Register" button, you agree to be legally bound by this Agreement. If after reading the license provisions you do not agree to be bound by the terms of this Agreement, do not click the "Register" button. By proceeding, you agree that you are communicating consent to these Terms, as described herein, and also agree that you are bound to these Terms to the same extent as if you agreed to be bound via a handwritten signature.
The Service. Arkovi is software that is provided as a hosted service (the �Service) that is the valuable and proprietary property of StoneRiver RegEd, Inc. (the "Company").
The Service allows you (as the user) to:
� Own your own social media archive(s) (including the social and web content we archive � for complete listing see Arkovi.com).
� Export and email all data contained in the archive belonging to you.
� For website archiving, set the frequency of the archiving. For other social media sites, the frequency of archiving is determined based on the permission of each individual social network.
� You acknowledge that the technical processing and transmission through the Service, including content stored by you, may involve transmissions over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices.
Security and Privacy. The information you provide to the Company when you register for the Service is securely maintained and the data captured in your social media archive files is password protected and your password is encrypted. Arkovi utilizes 256-bit SSL security. However, unless you notify us otherwise, you agree that the Company is free to list your name (or the name of your business) as a current client on our website, as long as you continue to use this Service.
Agreement to these Terms. By registering to use the Service for your social and web accounts, you agree to be bound by and to use the Service in accordance with these Terms, the Company�s Privacy Policy, and any additional terms and conditions that are referenced herein or that otherwise may apply to specific features that the Company makes available to you through the Service (all of which are deemed part of these Terms). Accessing the Service, in any manner, whether automated or otherwise, constitutes use of the Service and your agreement to be bound by these Terms.
Continued Use is Agreement to Revised Terms. The Company reserves the right to change these Terms or to impose new conditions on use of the Service, from time to time, in which case we will post the revised Terms on this website and update the "Last Updated" date to reflect the date of the changes. By continuing to use the Service after the Company posts any such changes, you accept the new Terms.
License. In this Agreement, "the Service" shall mean the machine-readable software programs known as Arkovi and any associated files, any modified versions, upgrades, backups, other copies of such programs and files, the hardware hosting the Arkovi software, this website and all associated documentation and agreements and any products or deliverables provided as a product of the Service. You are granted a limited, nonexclusive, nontransferable license to use the Service for the term for which you registered and/or for which you continue to pay, solely subject to the terms and conditions of these Terms. No other rights or licenses to the Service are granted, either express or implied.
Subscription License. If you have requested a subscription, the grant of license is also based upon the ongoing payment for access to the Service. Your failure to pay, or your request for cancellation, will terminate your license and access rights to the Service. No further usage of the Service will be allowed following termination.
Trial License. If you have requested a license to use the Services on a trial basis (�Trial Services�) for the fifteen (15) day trial period (�Trial Period�), the grant of license is just for the Trial Period, and unless you convert to a subscription, no further usage of the Service will be allowing following the end of the Trial Period. With respect to the Trial Services, you agree that: (i) the use or operation of the Trial Services may not be uninterrupted or error free and data stored in the Trial Services may be lost or destroyed; (iii) Trial Services are not intended or designed for use in a production environment; and (iv) your use of Trial Services will be solely for purposes of evaluating and testing such services and providing feedback to Company. Your use of any Trial Services will also be subject to all of the terms and conditions set forth herein relating to the Services. You agree to waive any and all claims and damages, now known or later discovered, that you may have against Company and its suppliers/licensors arising out of your use of the Trial Services.
Copyright. The Service is owned by the Company or its suppliers and is protected by United States copyright laws, international treaty provisions, and other intellectual and other applicable national laws. You must treat the Service like any other copyrighted material (e.g., a book or musical recording). You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute the Service or any related documentation in any manner or medium (including by email or other electronic means).
Proprietary Rights. The structure and organization of the Automark application are valuable trade secrets of the Company and are only licensed for your use pursuant to this Agreement. You agree to hold such trade secrets in confidence, and you agree not to translate, disassemble, decompile, decode, or reverse-engineer the Service, in whole or in part.
Effect of Breach. If you breach any of these Terms, your license and rights to use the Service shall be terminated in its entirety without refund or any other compensation. The Company also reserves the right to deny you access to the Service or any of its feature if you violate these Terms, or if you, in our sole judgment, interfere with the ability of others to use the Service, or if you infringe the rights of others in using the Service.
Site Registration Process. To access the features of our Service, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for our premium services, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address, Paypal account or credit card information. You agree to provide true, accurate, current and complete information about yourself as prompted by the Service's registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Privacy Policy. As the Company is focused on providing a secure social networking archival system with many user friendly features, it is the Company�s policy to refrain from exercising its ability to use for commercial purposes any personally identifiable information you have submitted to us during registration, or in social data stored in archival form on your behalf, although the Company may aggregate and trend information about your social media usage as archived through the Service without reference to personally identifiable information (for example, by determining the average # of daily tweets per user, or the average # of followers). Your stored and/or archived information (personally identifiable or other) may be accessed and disclosed in response to legal process (for example by subpoena, search warrant or court order) or to your broker-dealer, investment advisory firm or employer. You grant the Company, your broker-dealer, investment advisor or employer and/or any governmental or regulatory entity acting under its authority, the right to identify you as the author of any of your social media submissions by name, email address or screen name, as deemed appropriate. Otherwise, the Company will not share, sell or further distribute your personally identifiable information or non-public archived material with anyone, for marketing, customer profiling or for any other commercial purpose.
Your Username and Password. To use certain features of the Services, you will need a username and password, which you will receive through the registration process. The Company reserves the right to reject or terminate the use of any username that we deem offensive or inappropriate. You are responsible for maintaining the confidentiality of your password, username and account, and you agree to use the same degree of care you would utilize to maintain the confidentiality of other of your proprietary and sensitive information. You agree to notify the Company immediately of any unauthorized use of your password, username or account or any other breach of security. Because the Company encrypts your password, it cannot be accessed upon your request. To re-access your account, a password reset option is available on the Services website. The Company cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
Cancellation or Termination. You are solely responsible for canceling your account. Upon cancellation or termination of your account, all of your archived content will be immediately deleted from the Service. Your information cannot be recovered once your account is cancelled or has been terminated. You may download and/or export all of your data at any time. The Company reserves the right to maintain copies of your archived content for archival purposes only.
Warranties and Limits of Liability. Your use of the Service is at your sole risk. You agree that the Service provided is "AS IS" and on an "AS AVAILABLE" basis. THE COMPANY MAKES ABSOLUTELY NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, RELATING TO OR RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICES, MISTAKES, OMISSIONS, SERVICE INTERRUPTIONS, DELETION OF FILES, LOSS OF DATA, ABILITY TO OBTAIN OR RECEIVE INFORMATION FROM ANY SOCIAL MEDIA SITE, ERRORS, DEFECTS, MISDELIVERIES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE COMPANY�S SERVERS, RECORDS, PROGRAMS, OR SERVICES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR INTENDED PURPOSE.
THE COMPANY DOES NOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME. NEITHER THE COMPANY NOR ANYONE ELSE INVOLVED IN PROVIDING SERVICES PURSUANT TO THESE TERMS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS OR DAMAGES OF ANY KIND (ACTUAL, CONSEQUENTIAL, SPECIAL, OR ANY OTHER) THAT ARISE OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER OR NOT DUE TO OR RESULTING FROM THE FAULT OR NEGLIGENCE OF THE COMPANY. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR PUNITIVE OR CONSEQUENTIAL DAMAGES.
BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT THE COMPANY�S LIABILITY IS SPECIFICALLY LIMITED TO THE AMOUNTS PAID TO AND RECEIVED BY THE COMPANY FOR SERVICES ACCEPTED, AND YOU WAIVE ALL RIGHTS OF RECOVERY FOR ANY DAMAGES, WHETHER ACTUAL, SPECIAL, OR CONSEQUENTIAL, THAT YOU MAY INCUR OVER AND ABOVE SAID AMOUNTS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST DATA, USE, PROFITS, SAVINGS, OR GOODWILL THAT RESULT FROM YOUR USE OR INABILITY TO USE THE SERVICES AND THEIR OUTPUT AS PROVIDED BY THE COMPANY AS PART OF ITS SERVICES HEREUNDER.
Miscellaneous. This Agreement shall be construed, interpreted, and governed by the laws of the State of New York, USA. In the event of litigation, you agree that the prevailing party shall be entitled to recovery of reasonable attorneys� fees and costs, in addition to all other remedies available by law. This license shall benefit the Company, its successors, and assigns. By registering, you acknowledge that you have read these Terms, understand them, and that they are the entire agreement between you and the Company, superseding any other communication or advertising with respect to the Services. Any modification or waiver of these Terms must be in writing. These Terms give you specific legal rights; you may have others that vary from state to state and from country to country. If any provision of these Terms is held invalid, the remainder shall continue in full force and effect. The Company reserves all rights not specifically granted in these Terms.
Acceptance. If you have questions, please contact the Company in writing. Your acceptance of these Terms and agreement to comply with them is signified by your clicking the "Register" button. If you do not accept these Terms, you will not be permitted to register for the Service.
Last updated on October 2, 2012