Terms & Conditions
Date: 27. DEC 2021
We are delighted you’ve decided to use our products and services, all of which we refer to simply as the “Service.”
- You must be 16 years or older to use this site.
- You may not post discriminatory, unlawful, harmful, hateful, violent, pornographic or sexually explicit photos, nudes, partially nudes, or sexually suggestive texts or content through the Service.
- You are responsible for any activity that is carried out through your account, and you agree not to sell, transfer, license or cede your account, your followers, your username nor any account rights. With the exception of persons or companies that are expressly permitted to create accounts in the names of their employees or customers, Arcletic prohibits creating an account for anyone other than yourself, and you yourself herewith commit not to do so. You further confirm that all information provided by you at registration or at any later date is true, accurate, current and complete, and you commit yourself to update your information in the extent that it is necessary to obtain truth and accuracy.
- You agree that you will not copy, use, seek or collect the credentials of other users.
- You will be responsible for maintaining the confidentiality and security of your password.
- You may not defame, stalk, harass, abuse, threaten, impersonate or intimidate any person or companies and you may not post private or confidential information about the service (this includes, inter alia, credit card information, social security or alternative national identity numbers, non-public telephone numbers or non-public e-mail addresses).
- You may not use the service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (eg: federal, state, local and municipal level), which apply to your use of the Service and your content (definition below).
- You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, copyright works, apps, links and other content or materials (collectively, the “content”) that you submit on or through the Service.
- You may not change, alter, modify or adapt the Service. You may not make any changes or modifications which could be incorrectly concluded to be in connection with the Service, Arcletic or any other website like this.
- You may not post, create or send unsolicited messages or other forms of commercial or harassing communications (also called “spam”) to any Arcletic users.
- You may not impede or interfere with the Service, products connected to the Service, servers or networks, including the transmission of any viruses, spyware, malware, or any other code of destructive or disruptive nature. You may not add content, code or Art, or alter or interfere in any way with any Arcletic page in the browser or on a user’s device shown or displayed.
- You have to comply with the Community guidelines of Arcletic; this can be found here: https://arcletic.com/community-guidelines
- You may not create an account by using unauthorized methods, this includes: The use of automated equipment, scripts, robot, spider, crawler or scraper services.
- We reserve the right to change the Service or to quit your access to the Service for any reason, at any time, without notice and without liability to you. If we terminate your access to the Service or you disable your account, or deletes your content (profile photos, friends, and any other data) you may no longer access your account or deleted content other than materials and data, which remain within the Service (eg. B. created groups).
- Termination of the Service will result in immediate termination of all licenses and other rights granted in these Terms of Rights.
- We reserve the right to refuse anyone access the Service for any reason and at any time.
- You are solely responsible for your interactions with other users of the Service, both online as well as offline. You agree that Arcletic is not responsible or liable for the conduct of any user. Arcletic reserves the right to monitor disputes between you and other users, or to intervene, although the obligation does not exists to do so. Use your common sense and your best judgment when interacting with others, even if you provide or post personal content or any other information.
- There may be links on the Service from third parties, or of communications that you receive from the Service to third party websites or functions. There may also be links to websites or third party features in images or comments within the service. The service does not control, keep or favor the ideas and content of third parties.
- You agree that you will pay all charges related to the use of the service data.
- We will block access to any content to the Service as a result of crawling, scraping, caching, or any other automated methods, including user profiles and photos (unless they result from protocols of standard search engines or through technology provided by search engine with explicit consent from Arcletic).
- A portion of the Service is supported by advertising revenue and may display advertisements and promotions; you hereby declare that you consent that Arcletic can place such advertisements and promotions on the service, through or in connection with your content. The manner and extent of such advertisements and promotions are subject to change without notice to you.
- You acknowledge that we cannot always prove identify paid services, sponsored content or commercial communications as such.
- You represent and warrant that (i) you are the owner of your posted content on or through the Service or are eligible in any other way to grant the rights specified in these Terms of rights and licenses; (ii) your posted content and use on or through the Service does not violate, use illegal or infringing items against any of the rights to third parties, these include, inter alia, privacy, copyright, trademark and / or other intellectual property rights; (iii) you are bound to the payment of all monies, taxes, fees and any other amounts due by you for posted content on or through the Service; and (iv) you possess the legal right and ability to enter into these Terms in your jurisdiction.
- The Service includes content, which is owned by or licensed by Arcletic (“Arcletic-content”). Arcletic-content is protected by copyright, trademark, patent, trade secret and other laws and Arcletic owns all rights to the Arcletic-content, the service and reserves. You will not affix remove, alter or conceal these accompanying notes on copyright, trademark, service mark or other proprietary rights to the Arcletic-content and you will not reproduce, modify, adapt, create derivative works thereof, perform, display, publish, distribute, transmit, broadcast, sell, license or exploit the Arcletic-content in any other way.
- The name and logo of Arcletic are trademarks and may not without prior written consent of Arcletic, imitated, used or copied whether in whole or in part, except where this is in accordance with our trademark policies. In addition, all page headers, own graphics, button icons and scripts, service marks, trademarks and / or trade dress of Arcletic, may not be copied, imitated or used wholly or partially without prior written permission of Arcletic.
- Although Arcletic intended that the service be available to as many people as possible, there will be times when the service may be interrupted, for example, for scheduled maintenance or improvements, for emergency repairs or due to failures in the telecommunication lines or – devices. Moreover, Arcletic reserves the right, for any reason and without notice to remove any content from the Service. Content removed from service can still be saved by Arcletic, in compliance with certain legal obligations; this can however not be accessed without a valid court order. For this reason Arcletic recommends you keep your own backup copies of your content. Arcletic is not liable for any change on or suspension or termination of service, nor for the loss of any content. In addition, you acknowledge that the Internet may be subject to security breaches and that the input of content or other information might not be safe.
- It is part of the business policy of Arcletic to adopt or to consider any content, information, ideas, suggestions or other materials and possibly apply certain special conditions, terms, and requirements, except when specially requested by us. This is done in order to avoid any misunderstandings if your ideas are similar to our independently developed ideas or those to be developed in the future. Accordingly Arcletic does not accept the transmission of unsolicited materials or ideas and accepts no responsibility for any materials or ideas transmitted in this manner. If you decide, despite our policies to send us content, information, ideas, suggestions or other materials, you agree that Arcletic is free to use any such content, information, ideas, suggestions or other materials for any purpose whatsoever (the development and marketing of products and services) and without any liability or payment towards you.
Report by copyright and other IP violations
- We respect the rights of others and expect from you to do so as well.
- If you repeatedly infringe our Terms (especially but not exclusively the intellectual property of others), we will where appropriate terminate your account.
THE SERVICE IS ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. IN TERMS OF MAXIMUM LAW IT WILL NOT BE PERMITTED BY ARCLETIC NEITHER ITS’ SISTER OR PARENT COMPANIES NOR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS (COLLECTIVELY, THE “ARCLETIC PARTIES”) ANY REPRESENTATIONS OR WARRANTIES OR OPINIONS OF ANY KIND CONTRARY TO EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE FOLLOWING: ( A) THE SERVICE; (B) THE ARCLETIC CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO ARCLETIC OR THROUGH THE SERVICE. ARCLETIC PARTIES HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED INCLUDING AMONG OTHER WARRANTIES, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, THE RELEVANT INDUSTRY, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE ARCLETIC PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR FREE OR WILL RUN WITHOUT INTTERUPTIONS, THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE ARE FREE OF ANY HARMFUL COMPONENTS – INCLUDING VIRUSES. THE ARCLETIC PARTIES MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE OR HELPFUL. YOU ACKNOWLEDGE THAT YOU USE THE SERVICE ENTIRELY AT YOUR OWN RISK. THE ARCLETIC PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN EACH JURISDICTION, AND ARCLETIC PARTIES CLOSE SUCH WARRANTIES EXPRESSLY. SOME JURISDICTIONS LIMIT THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES OR MAY ALSO NOT ALLOW THEM. IT MAY THEREFORE OCCUR THAT THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, IF THE LAW OF SUCH JURISDICTIONS ARE APPLICABLE.
BY ACCESSING THE SERVICE OR USE OF THE SERVICE YOU REPRESENT, WARRANT AND ACKNOWLEDGE THAT YOUR ACTIVITIES IN ANY JURISDICTION IN WHICH YOU UTILISE THE SERVICE ARE WITHIN THE PARAMETERS OF THE LAW.
THE ARCLETIC PARTIES APPROVES NO CONTENT AND ESPECIALLY ASSUMES NO RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ANY COMPANY FOR ANY LOSS OR DAMAGE (WHETHER IT BE ACTUAL DAMAGE CAUSED, CONSEQUENTIAL DAMAGES, FORFEIT OF DAMAGES OR FAULT WHETHER INTENTIONAL OR NEGLIIGIBLE), BREACH, LIABILITY, REASONS RELATED TO ANY ACT OF NATURE OR FOR ANY OTHER REASON WHATSOEVER.
Limitation of Liability and Exclusion
IN NO EVENT SHALL THE ARCLETIC PARTIES BE LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, ECONOMIC, FORFEITURE, INTENTIONAL OR NEGLIGIBLE FAULT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING DIRECTLY OR INDIRECTLY WHETHER IN RELATION WITH: (A) THE SERVICE; (B) THE
ARCLETIC CONTENT; (C) USER CONTENT; (D) YOUR USE OR INABILITY TO USE THE SERVICE, OR ITS IMPLEMENTATION; (E) ANY ACTION RELATING TO AN INVESTIGATION BY ARCLETIC PARTIES OR BY THE LAW ENFORCEMENT AGENCIES REGARDING THE USE OF THE SERVICE AGAINST YOURSELF OR ANY OTHER PARTY; (F) ANY ACTION RELATING TO HOLDERS OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS; (G) ANY ERRORS OR OMISSIONS IN THE OPERATION OF THE SERVICE; OR (H) ANY CLAIM RELATING TO THE COMPUTER, THE MOBILE DEVICE, OR OTHER TECHNICAL FACILITIES OF ANY USER, INCLUDING DAMAGES FOR ANY SECURITY BREACH OR ANY VIRUS, FAILURES, ALTERATION, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR THE TRANSMISSION OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER PROBLEMS, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OF ANY KIND; EVEN IF THE DAMAGE OR LOSS COULD HAVE BEEN SEEN IN ADVANCE OR IF THE POSSIBILITY OF RELEVANT DAMAGES COULD HAVE BEEN KNOWN BY THE ARCLETIC PARTIES, WHETHER DUE TO A CONTRACTUAL ACTION, NEGLIGENCE, TORT (WHETHER THE LOSS OR DAMAGE IS CREATED IN WHOLE OR PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE OR THEFT OR DESTRUCTION OF THE SERVICE). UNDER NO CIRCUMSTANCES SHALL THE ARCLETIC PARTIES BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY, INCLUDING DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES AND THE ABOVE LIMITATIONS OR THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE TOTAL LIABILITY OF ARCLETIC PARTIES SHALL IN NO EVENT EXCEED ONE HUNDRED EURO (€ 100.00) FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION.
YOU ARE AWARE THAT THROUGH YOUR ACCESS TO THE SERVICE YOU RENOUNCE YOUR RIGHTS WITH RESPECT TO CLAIMS THAT MAY ARISE AT THIS TIME OR UNEXPECEDLY IN THE UNKNOWN FUTURE AND YOU THEREFORE ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE RELEVANT TERMS, AND HEREBY EXPRESSLY RENOUNCE ANY BENEFITS UNDER PARAGRAPH § 1542 OF THE CIVIL LAW OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES THAT: A GENERAL DISCLAIMER DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECTS TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
ARCLETIC IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION OR DATA OF THIRD PARTIES AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY LIABILITY FOR ANY CLAIMS AND DAMAGES OF ANY KIND, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH ANY CLAIM AGAINST SUCH THIRD PARTIES.
You (and any third parties for which you run an account or activity on the Service) agree to exempt Arcletic parties from any claims, liabilities, damages, losses and expenses arising (including appropriate attorney’s fees and costs) which may result from any of the following activities or otherwise related thereto (inter alia because of your direct activity on the Service or activities carried out in your name): (i) your content or your access to the Service or its use; (ii) your violation or alleged breach of these Terms; (iii) your violation of any third party’s right (inter alia any intellectual property right, publicity, confidentiality, property or privacy right); (iv) your violation of any laws, rules, regulations, codes, ordinances, decrees or orders of any government and government-related agency, including all regulatory, administrative and legislative authorities; or (v) any misrepresentation made. You will participate in the margin required by Arcletic’s extent in the defense of any claim. Arcletic reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification by you, and you will settle any claim under any circumstances without the prior written consent of Arcletic.
Time constraints for claims
You agree that any claims that you may have because of your relationship with Arcletic or in connection with this, must be filed within one year after the occurrence of such a claim; otherwise your claim is permanently barred.
Governing Law and Jurisdiction
These Terms are governed by the laws of the country Austria excluding the private international law and will be interpreted in accordance therewith. You agree to clarify any dispute that you have with Arcletic exclusively before a court in Salzburg, Austria, and you will abide by the jurisdiction of the courts in Austria.
If any provision in these Terms is found by a court of competent jurisdiction to be illegal, void or for any reason unenforceable, then that provision shall be deemed appropriately separated from these Terms and shall not affect the validity and enforceability of the remaining provisions. Failure by Arcletic on the exact implementation or enforceability of each provision of these Terms shall be construed as a waiver of any provision or right. No waiver of any of these conditions shall be deemed a further or continuing waiver of such term or any other condition. Arcletic reserves the right to modify this provision for the settlement of disputes; however, such changes do not apply to disputes arising prior to the effective date of the amendment. This amended provision shall apply for the purposes of settling the dispute till the end of all your transactions with Arcletic.
The information made available through the Service are not intended for distribution to or use intended by any person or any company in any jurisdiction or a country where such distribution or use would be contrary to a law or regulation, or which would subject Arcletic any registration requirement in such jurisdiction or such a country. We reserve the right to restrict the availability of the service or any part thereof to any person, any geographic region or jurisdiction at any time and at our sole discretion, and to restrict the amounts of any questions of Arcletic available Swimming contents, programs, products, services or features.
Effective date of these Terms: December 27, 2021
(These terms and conditions are written in German. If a conflict arises between any translation of these Terms and the English version the German version shall prevail.)