Welcome to the ARK Digital Soft website (the "Site"). Through the Site, you have access to a variety of resources and content. These include: (a) software and software as a service offerings ("Software"); (b) web pages, data, messages, text, images, photographs, graphics, audio and video such as podcasts and webcasts, and documents such as press releases, white papers, and product data sheets ("Materials"); and (c) forums, discussion groups, chat areas, bulletin boards, blogs, wikis, email functions, and other services in connection with which you can upload, download, share, email, post, publish, transmit or otherwise access or make available content (as defined below) ("Community Services"). Software, Materials, Community Services, and other information, content, and services are collectively referred to as "Content." The following are terms of a legal agreement between you ("You" or "Your") and ARK Digital Soft and its affiliated companies ("We" or "ARK Digital Soft"). By accessing or using the Site or the Content provided on or through the Site, you agree to follow and be bound by the following terms and conditions concerning your access to and use of the Site and the Content provided on or through the Site ("Terms of Use") and our Privacy Policy. ARK Digital Soft may revise the Terms of Use and Privacy Policy at any time without notice to you. The revised Terms of Use and Privacy Policy will be effective when posted. You can review the most current Terms of Use at https://arkdigitalsoft.com/terms&conditions and Privacy Policy at https://arkdigitalsoft.com/privacy&policy.
1. Terms Applicable to Specific Content and Areas of the Site
Some areas of the Site or Content provided on or through the Site may have additional rules, guidelines, license agreements, user agreements, or other terms and conditions that apply to your access or use of that area of the Site or Content (including terms and conditions applicable to a corporation or other organization and its users). If there is a conflict or inconsistency between these Terms of Use and the rules, guidelines, license agreement, user agreement, or other terms and conditions for a specific area of the Site or for specific Content, the latter shall have precedence with respect to your access and use of that area of the Site or Content.
2. Use of Software
Your use of Software is subject to all agreements such as a license agreement or user agreement that accompanies or is included with the Software, ordering documents, exhibits, and other terms and conditions that apply ("License Terms"). In the event that Software is provided on or through the Site and is not licensed for your use through License Terms specific to the Software, you may use the Software subject to the following: (a) the Software may be used solely for your personal, informational, non-commercial purposes; (b) the Software may not be modified or altered in any way; and (c) the Software may not be redistributed.
3. Use of Materials
You may download, store, display on your computer, view, listen to, play and print Materials that ARK Digital Soft publishes or broadcasts on the Site or makes available for download through the Site subject to the following: (a) the Materials may be used solely for your personal, informational, non-commercial purposes; (b) the Materials may not be modified or altered in any way; and (c) the Materials may not be redistributed.
4. Use of Community Services
Community Services are provided as a convenience to users and ARK Digital Soft is not obligated to provide any technical support for, or participate in, Community Services. While Community Services may include information regarding ARK Digital Soft products and services, including information from ARK Digital Soft employees, they are not an official customer support channel for ARK Digital Soft.
You may use Community Services subject to the following: (a) Community Services may be used solely for your personal, informational, non-commercial purposes; (b) Content provided on or through Community Services may not be redistributed or used in violation, or with the purpose to violate, these Terms of Use; and (c) personal data about other users may not be stored or collected except where expressly authorized by ARK Digital Soft.
5. Reservation of Rights
The Site and Content provided on or through the Site are the intellectual property and copyrighted works of ARK Digital Soft or a third-party provider. All rights, title, and interest not expressly granted with respect to the Site and Content provided on or through the Site are reserved. All Content is provided on an "As Is" and "As Available" basis, and ARK Digital Soft reserves the right to terminate the permissions granted to you in Sections 2, 3, and 4 above and your use of the Content at any time.
6. Your Content
You agree that you will only upload, share, post, publish, transmit, or otherwise make available ("Share") on or through the Site Content that you have the right and authority to Share and for which you have the right and authority to grant to ARK Digital Soft all of the licenses and rights set forth herein. By Sharing Content, you grant ARK Digital Soft a worldwide, perpetual, royalty-free, irrevocable, non-exclusive, fully sublicensable license to use, reproduce, modify, adapt, translate, host, publish, publicly perform, publicly display, broadcast, transmit, stream and distribute the Content for any purpose and in any form, medium, or technology now known or later developed. This includes, without limitation, the right to incorporate or implement the Content into any ARK Digital Soft product or service, and to display, market, sublicense and distribute the Content as incorporated or embedded in any product or service distributed or offered by ARK Digital Soft without compensation to you. You warrant that: (a) you have the right and authority to grant this license; (b) ARK Digital Soft's exercise of the rights granted pursuant to this license will not infringe or otherwise violate any third-party rights; and (c) all so-called moral rights in the Content have been waived to the full extent allowed by law.
You agree that you will neither use the Site in a manner, nor Share any Content, that: (a) is false or misleading; (b) is defamatory, derogatory, degrading or harassing of another or constitutes a personal attack; (c) invades another's privacy or includes, copies or transmits another's confidential, sensitive or personal information; (d) promotes bigotry, racism, hatred or harm against any group or individual; (e) is obscene or not in good taste; (f) violates or infringes or promotes the violation or infringement of another's rights, including intellectual property rights; (g) you do not have the right and authority to Share and grant the necessary rights and licenses for; (h) violates or promotes the violation of any applicable laws or regulations; (i) contains a solicitation of funds, goods or services, or promotes or advertises goods or services; or (j) contains any viruses, Trojan horses, or other components designed to limit or harm the functionality of a computer. ARK Digital Soft may report you to the relevant authorities and may act under the fullest extent of applicable laws if you transmit or upload content intended or designed to cause harm and we will report any Content you Share that violates any applicable laws where we are required to do so by law.
ARK Digital Soft does not want to receive confidential information from you through or in connection with the Site. Notwithstanding anything that you may note or state in connection with Sharing Content, it shall not be considered confidential information and shall be received and treated by ARK Digital Soft on a non-confidential and unrestricted basis and ARK Digital Soft shall not take and shall not be required to take any steps to safeguard the confidentiality of any information that you Share, other than as specified in ARK Digital Soft's Privacy Policy.
7. Security, Passwords, and Means of Accessing the Site and Content
You agree not to access or use the Site in any manner that could damage, disable, overburden, or impair any ARK Digital Soft accounts, computer systems or networks. You agree not to attempt to gain unauthorized access to any parts of the Site or any ARK Digital Soft accounts, computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of the Site or any ARK Digital Soft accounts, computer systems or networks. You agree not to use any robot, spider, scraper, or other automated means to access the Site or any ARK Digital Soft accounts, computer systems, or networks without ARK Digital Soft's express written permission.
If any of the Services require you to open an account, you must complete the registration process by providing us with current, complete, and accurate information as required by the applicable registration form. You may also be required to choose a password and a user name. Access to and use of password-protected or secure areas of the Site are restricted to authorized users only. You agree not to share your password(s), account information, or access to the Site with any other person. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur through the use of your password(s) or account(s) or as a result of your access to the Site. You agree to notify ARK Digital Soft immediately of any use of your password(s) or account(s) that you did not authorize or that is not authorized by these Terms of Use.
8. No Unlawful or Prohibited Use
You agree not to use the Site, or use or Share Content provided on or through the Site, for any purpose that is unlawful or prohibited by these Terms of Use or the rules, guidelines, or terms of use posted for a specific area of the Site or provided on or through the Site.
9. Indemnity
You agree to indemnify and hold harmless ARK Digital Soft, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, due to or arising out of Content that you Share, your violation of these Terms of Use or any additional rules, guidelines, or terms of use posted for a specific area of the Site or Content provided on or through the Site, or your violation or infringement of any third-party rights, including intellectual property rights.
10. Monitoring
ARK Digital Soft has no obligation to monitor the Site or screen Content that is Shared on or through the Site. However, ARK Digital Soft reserves the right to review the Site and Content and to monitor all use of and activity on the Site, and to remove or choose not to make available on or through the Site any Content in its sole discretion. ARK Digital Soft may remove Content that is confidential or proprietary to a third party without that third party's permission.
11. Termination of Use
ARK Digital Soft may, in its sole discretion, at any time discontinue providing or limit access to the Site, any areas of the Site, or Content provided on or through the Site. You agree that ARK Digital Soft may, in its sole discretion, at any time, terminate or limit your access to, or use of, the Site or any Content. ARK Digital Soft may terminate or limit your access to or use of the Site if ARK Digital Soft determines, in its sole discretion, that you have infringed the copyrights of a third party or you have violated any applicable laws. You agree that ARK Digital Soft shall not be liable to you or any third-party for any termination or limitation of your access to, or use of, the Site or any Content, including Content that you may have Shared.
12. Third-Party Websites, Content, Products, and Services
The Site provides links to websites and access to Content, products, and services of third parties, including users, advertisers, affiliates, and sponsors of the Site. ARK Digital Soft is not responsible for third-party Content provided on or through the Site or for any changes or updates to such third-party sites, and you bear all risks associated with the access to, and use of, such websites and third-party Content, products, and services.
13. Healthcare
Some of the information contained on the Site is presented for the purpose of educating consumers on wellness and disease management topics and/or educating the public on emerging healthcare issues. Nothing contained in the Site is intended to be instruction for medical diagnosis or treatment. The information should not be considered complete, nor should it be relied on to suggest a course of treatment for a particular individual. It should not be used in place of the advice of your physician or other qualified healthcare provider. Information obtained from the Site is not exhaustive and does not cover all diseases, ailments, physical conditions, or their treatment. Should you have any healthcare-related questions, please consult your physician or other qualified health care provider promptly. Always consult with your physician or other qualified healthcare provider before embarking on a new treatment, diet, or fitness program. You should never disregard medical advice or delay in seeking it because of something you have read on the Site. The information contained on the Site is compiled from a variety of sources ("Information Providers"). Neither ARK Digital Soft nor the Information Providers directly or indirectly practice medicine or dispense medical services as part of the Site.
14. Disclaimer
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ARK DIGITAL SOFT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE. ARK DIGITAL SOFT MAKES NO WARRANTY THAT: (A) THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
CONTENT PROVIDED ON OR THROUGH THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, TECHNICAL, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
ANY CONTENT ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE SITE IS USED AT YOUR OWN DISCRETION AND RISK. ARK DIGITAL SOFT SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT.
ARK DIGITAL SOFT RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE SITE AND CONTENT PROVIDED ON OR THROUGH THE SITE AT ANY TIME WITHOUT NOTICE.
15. Limitation of Liability
IN NO EVENT SHALL ARK DIGITAL SOFT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE.
16. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION, OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS SET FORTH IN THESE TERMS OF USE, INCLUDING THOSE SET FORTH IN SECTIONS 14, 15, AND 16, DO NOT APPLY AND ALL OTHER TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.
17. Privacy Policy
ARK Digital Soft is concerned about your privacy and has developed a policy to address privacy concerns. For more information, please see ARK Digital Soft's Privacy Policy. Any personal information collected on this Site may be accessed and stored globally and will be treated in accordance with ARK Digital Soft's Privacy Policy. You understand that ARK Digital Soft collects, uses, processes, possesses, and otherwise stores your personal information and utilization data and may share such data with third-party service providers for the purpose of improving or providing services subject to ARK Digital Soft's Privacy Policy.
18. Export Restrictions/Legal Compliance
You may not access, download, use, or export the Site, or the Content provided on or through the Site, in violation of Romanian export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws, restrictions, and regulations of any applicable agency or authority, and to not directly or indirectly provide or otherwise make available any services and products of ARK Digital Soft in violation of any such restrictions, laws, or regulations. As applicable, you shall obtain and bear all expenses related to any necessary licenses, authorizations, and/or exemptions with respect to your own use of the services of ARK Digital Soft outside Romania.
19. Waiver and Severability
The failure of ARK Digital Soft to exercise or enforce any rights or provisions in these Terms of Use shall not constitute a waiver of such right or provision. If any part or provision of these Terms of Use is found to be unenforceable, such part or provision may be modified to make the Terms of Use as modified legal and enforceable. The balance of the Terms of Use shall not be affected.
20. Applicable Laws
The failure of ARK Digital Soft to exercise or enforce any rights or provisions in these Terms of Use shall not constitute a waiver of such right or provision. If any part or provision of these Terms of Use is found to be unenforceable, such part or provision may be modified to make the Terms of Use as modified legal and enforceable. The balance of the Terms of Use shall not be affected.
21. Copyright/Trademark
Copyright © 2024, ARK Digital Soft and/or its affiliates.
22. Contact Information
If you have any questions regarding these Terms and Conditions, please contact ARK Digital Soft at contact@arkdigitalsoft.com. If you have questions about our Communities, please see our policies and contact information on our website. For any other inquiries, contact information is available on the Contact ARK Digital Soft page.
Last Revised: February 24, 2024
