TERMS OF USE
Update Date: 23 July 2024
These are ARCACIOUS IP’s Terms of Use. They are the T&Cs that apply to your use of the Website (https://arcacious-ip.com/). By using the Website, you agree that you are 18+ and accept them.
(1) We are ARCACIOUS IP LIMITED, a limited company registered in England & Wales, company number 08856917, whose registered office is at Stonecross, Trumpington High Street, Cambridge, United Kingdom, CB2 9SU (‘we’, ‘our’ and ‘us’).
(2) You are the entity or a person on behalf of that entity (‘you’, ‘your’ and ‘yours’) using the Website.
(3) These Terms of Use (‘these terms’) are intended for use by businesses only and apply to your use of the Website. We grant you a limited revocable license to access the Website (or parts of it) and content on it made available to you from time to time. We may amend these terms at any time and updates are effective immediately upon publishing them to the Website.
(4) If you represent an entity, you need to ensure that you can accept these terms for them.
(5) Updates to the Website. We may update and change the Website or any content on it from time to time for any reason, without notice to you.
(6) We cannot promise the Website or any content on it will always be available. We may suspend, withdraw or restrict the availability of all or any of the Website or content for any reason, without notice.
(7) Intellectual property. We or our licensors are the owner or the licensee of all intellectual property rights in the Website. Those materials/works are protected by copyright laws and treaties around the world. All such rights are reserved. "Arcacious, Arcacious (stylized) and the Arcacious Logos" are trade marks owned by Arcacious IP Limited. Do not use our trade marks or service marks without our prior written consent.
(8) Personal use, and prohibition on distribution. The Website and any content on it are for your personal, non-commercial use only, and nothing contained on the Website is intended for use or distribution in any way or to any country or jurisdiction where doing so would be contrary to any laws or regulations or subject us to any registration or compliance requirements.
(9) Prohibited uses.
(i) You may not do anything that in any way that breaches any applicable local, national or international law or regulation; or send, knowingly receive, upload, download, use or re-use any material which does not comply with these terms.
(ii) Do not attack or seek to gain unauthorised access to the Website, systems, computers, databases or servers – doing so is illegal.
(iii) You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to the Website or any services provided via, or in relation to, the Website. This includes using (or permitting, authorising or attempting the use of): any “robot”, “bot”, “spider”, “scraper”, artificial intelligence or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Website or any data, content, information or services accessed via the same; or any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations. The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790). This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
(10) We are not responsible for viruses and you must not introduce them. We do not guarantee that the Website will be secure or free from bugs or viruses. Use protective software.
(11) Interactive services. We may from time to time provide interactive services via the Website, including, without limitation streaming and live virtual events, group video calls, video-sharing facilities, chat rooms, bulletin boards, forums, or groups or any other interactive service, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of these terms, whether the service is moderated or not.
(12) Breach of these terms. When we consider that a breach of these terms has occurred, we may take such action as we deem appropriate, and we reserve the right to restrict your access to the Website immediately without notice in the event of such a breach.
DISCLAIMERS AND LIMITATION OF LIABILITY
(13) The Website is provided “as is” and “as available”. To the fullest extent permitted by law, we and our affiliates and licensors exclude all conditions, warranties and representations (express, implied, statutory or otherwise) with respect to the Website and content on it, and disclaim all warranties including but not limited to warranties of fitness for purpose and satisfactory quality. We do not warrant that the Website will be uninterrupted, accurate or free of errors. These terms will not limit any non-waivable warranties or consumer protection rights that you may be entitled to under applicable law.
(14) We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, the Website; or use of or reliance on any content displayed on the Website.
(15) If you are a consumer, please note that we only provide the Website to you for domestic and private use. You agree not to use the Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We recommend that you always try to keep your browser up to date, as newer versions provide higher levels of security.
(16) The content and information are provided to you for informational purposes only. While we endeavour to keep content on the Website up-to-date, and while the information included in said content or supplied to you have been obtained from sources believed to be reliable, we do not make any representation, warranty (express or implied) or guarantee as to the completeness, accuracy, timeliness or suitability of any part of the content or information provided or that it is free from error or omission.
(17) No content or information on the Website constitutes advice and the content and information are not a substitute for independent advice tailored to your circumstances. You must not rely on any content or information before making, or refraining from making any decisions, and doing so is entirely at your sole option and risk, which you acknowledge.
(18) Third party products and services. We do not make any representation, warranty (express or implied) or guarantee as to the suitability of any third party products or services for you needs, or that the third party products or services presented on the Website are in any way a complete range of possible options for your needs.
(19) Links and third parties. Any content that contains hyperlinks to or mention of any third party provider or products or services is not an endorsement by us of those persons, their content, products or services or views, or the accuracy or suitability thereof. We are not responsible for their materials, content, information or otherwise.
GENERAL
(20) Waiver. If a party chooses not to enforce a right or use a remedy, it must clearly state this in writing, which does not mean they give up any rights or remedies. Not immediately using a right or remedy does not mean it is waived. Using a right or remedy partially or once does not stop its future use or effect.
(21) Severance. If any provision or part-provision of these terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If that is not possible, the relevant provision or part-provision shall be deemed deleted. Any such modification or deletion shall not affect the validity and enforceability of the rest of these terms.
(22) Communication and notices. Any communication between you and us relating to these terms must be in writing, using the latest contact details provided. Notices are considered received when signed for in person, two business days (in England) after mailing, or on email transmission.
(23) Survival. Every provision of these terms that expressly or by implication is intended to, shall come into or continue in force on or after its termination or expiry.
(24) Governing law and jurisdiction. These terms and any related dispute or claim will be governed by and construed according to the laws of England and Wales. Both parties irrevocably agree that only the courts of England and Wales have the authority to settle any dispute or claim.