Terms & Conditions
- Changes to Terms: We may modify the Terms at any time, in our sole discretion. If we do so, we'll let you know either by posting the modified Terms on the Site, through the Services or through other communications. If you continue to use the Services after we have posted modified Terms, you are agreeing to be bound by the modified Terms; provided that modifications to these Terms will not apply to you to the extent that (i) the modifications concern matters which are the subject of an actual dispute between you and Arckio.com as of the date the changes take effect and (ii) Arckio.com has actual notice of the dispute as of the date the modifications take effect. If you don't agree to be bound by the modified Terms, then you may not continue to use the Services.
- Use of the Services
- You may use the Services only if you are 18 years or older, capable of forming a binding contract with Arckio.com and are not barred from using the Services under applicable law.
- If you want to use certain features of the Services, you'll have to create an account ("Account"). You agree to provide us with accurate, complete and up-to-date information for your Account and you agree to update your Account, as needed, to keep it accurate, complete and up-to-date. You're responsible for all activities that occur under your Account.
- Certain features and functionalities of the Service may not be available unless you consent to separate or additional terms. Such terms will be presented when you attempt to access such features and functionalities.
- You acknowledge that Arckio.com and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You will not: (i) remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services; (ii) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services; or (iii) reproduce, copy, modify, sell or distribute the Services or any component thereof. Arckio.com reserves all rights in and to the Services not specifically granted in these Terms.
Links to Third Party Websites or Resources: The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
Feedback: We welcome feedback, comments and suggestions for improvements to the Services ("Feedback"). You can submit Feedback by emailing us at info @ Arckio.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Hiring Process and Employment Relationship: You acknowledge and agree that Arckio.com provides a platform that connects users, that Arckio.com is not responsible for the communications or any other interaction between users (including their agents or representatives) with regard to the Hiring Process (as defined below), that Arckio.com has no involvement in or responsibility for the Hiring Process or any Employment Relationship (as defined below) which may or may not be entered into as a result of using the Services, and that you are solely responsible: (i) to determine whether to initiate, respond to or enter into any Hiring Process or Employment Relationship, and (ii) and for all decisions and other actions in connection therewith. In the event of a dispute between you and another user, or you and an Employer (as defined below), related to any Hiring Process or any Employment Relationship, you will address such dispute directly with the other user or the Employer, and Arckio.com is not responsible to assist with, and shall not intervene in, the resolution of such dispute. You hereby release Arckio.com (and its officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, relating to or arising from your or an Employer's use of the Services, any Hiring Process or any Employment Relationship, including but not limited to any claims under federal, state, or local employment discrimination, harassment, retaliation, or wage and hour laws. As used herein: "Employment Relationship" means an employer's engagement to receive the services of a job candidate in any capacity, including but not limited to as an employee, independent contractor, consultant, intern or other representative; "Hiring Process" means the interactions between a job candidate and an Employer related to an Employment Relationship, including but not limited to communications, interviews and negotiations between the parties, the Employer's decision of whether or not to engage the services of a job candidate in any capacity, and the job candidate's decision of whether or not to accept any engagement with the Employer, whether or not the job candidate and the employer actually enter into an Employment Relationship; and "Employer" means a company or other legal entity, including its employees and agents, that uses the Services to identify and recruit candidates, whether or not the company or legal entity engages the services of a user in any capacity, including but not limited to as an employee, independent contractor, consultant, intern or other representative..
- "User Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, transmitted, communicated or otherwise made available on or through the Services by you and other users of the Services. Arckio.com does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content outside of the Services.
- By making your User Content available through the Services, you hereby grant to Arckio.com a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services.
- You are solely responsible for all of your User Content. You represent and warrant that you own all of your User Content or that you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You will not post, generate, provide, transmit, communicate or otherwise make available on or through the Services any User Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law, rule or regulation or would give rise to civil or criminal liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
- Although we're not obligated to monitor, review or edit any User Content, we reserve the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable laws, rules and regulations and other requirements applicable to our business. We reserve the right, but are not obligated, to remove or disable access to any User Content, at any time and without notice, including, but not limited to, User Content which we consider to be objectionable or in violation of these Terms. We reserve the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
- Arckio.com respects copyright law and expects its users to do the same. It is Arckio.com's policy to terminate in appropriate circumstances users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Arckio.com's Copyright and IP Policy at www.Arckio.com/copyright, for further information.
Warranty Disclaimers: THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, ARCKIO.COM EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Limitation of Liability: NEITHER ARCKIO.COM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY DAMAGES IN ANY AMOUNT OR OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS OR FROM YOUR ACCESS AND USE OF, OR INABILITY TO ACCESS AND USE, THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE (INCLUDING EMPLOYMENT DISCRIMINATION, HARASSMENT, RETALIATION OR WAGE AND HOUR LAWS), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ARCKIO.COM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
General Terms and Conditions
- You may terminate your use of the Services at any time.
- Arckio.com, in its sole discretion and at any time, may discontinue providing the Services, or any part thereof, with or without notice, and may terminate your use of all or any part the Services as a result.
- These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. These Terms will not be governed or interpreted in any way by referring to any law based on the Uniform Computer Information Transactions Act.
- You may not assign or transfer these Terms, by operation of law or otherwise. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
- These Terms are not intended to benefit, nor will be deemed to give rise to, any rights in any third party.
- Neither party will be liable for any failure or delay in its performance under these Terms due to causes, including, but not limited to, an act of God, act of civil or military authority, fire, epidemic, flood, earthquake, strikes, riot, war, sabotage, failure of suppliers and governmental action, which are beyond its reasonable control.
- These Terms are the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding any prior agreements and communications (both written and oral) regarding such subject matter.