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Terms and Conditions
The following are the rules or "Terms" that govern use of A.R.K.
NEW TECH LTD website (hereinafter known as ARK). By using or visiting
the Site, you expressly agree to be bound by these Terms and to follow
these Terms and all applicable laws and regulations governing the Site.
ARK reserves the right to change these Terms at any time, effective immediately
upon posting on the Site. Please check this page of the Site periodically.
We will note when there are updates to the Terms of Use on this page.
If you violate these Terms, ARK may terminate your use of the Site, bar
you from future use of the Site, and/or take appropriate legal action
against you at your own cost.
No Deep Linking
You agree that you are only authorized to visit, view and to
retain a copy of pages of this Site for your own personal use, and that
you shall not duplicate, download, publish, modify or otherwise distribute
the material on this Site for any purpose other than to review event and
promotional information, for personal use, or to purchase merchandise
for your personal use, unless otherwise specifically authorized by ARK
to do so. You also agree not to deep-link to the site for any purpose,
unless specifically authorized by ARK do so. The content and software
on this Site is the property of ARK and/or its suppliers and is
protected by Canadian and international copyright laws. We post a legal
notice and various credits on pages of the Site, which may not be removed.
Please do not remove this notice or these credits, or any additional information
contained along with the notices and credits.
User Contributions to the Site
There may be opportunities for you to contribute to the Site.
These may include, among others, etc. which collectively, we call "Content".
ARK is not liable or responsible for any Content provided by its
users or other third parties to the Site ("User Content"). The
contributions of third parties do not necessarily represent the view or
opinions of ARK. ARK cannot preview User Content before
it appears. Users can be held liable for any illegal or prohibited User
Content they provide to the Site, including among other things, infringing,
defamatory or offensive materials. If you discover this kind of material
on the Site, please notify the webmaster. We will investigate your claim
and may then take the actions deemed appropriate.
Links and Search Results
The Site may automatically produce search results that reference or link
to third party sites throughout the World Wide Web. ARK has no
control over these sites or the content within them. ARK cannot
guarantee, represent or warrant that the content contained in the sites
is accurate, legal and/or inoffensive. ARK does not endorse the
content of any third party site, nor do we warrant that they will not
contain viruses or otherwise impact your computer. By using the Site to
search for or link to another site, you agree and understand that you
may not make any claim against ARK for any damages or losses, whatsoever,
resulting from your use of the Site to obtain search results or to link
to another site. If you have a problem with a link from the Site, please
notify the webmaster, and we will investigate your claim and take any
actions we deem appropriate in our sole discretion.
Prohibited Content
The following is a partial list of the kind of Content which is illegal
or prohibited on the Site. It includes Content that:
• is patently offensive to the online community, such as Content
that promotes racism, bigotry, hatred or physical harm of any kind against
any group or individual;
• could be harmful to minors;
• harasses or advocates harassment of another person;
• involves the transmission of "junk mail", "chain
letters", or unsolicited mass mailing or "spamming";
• promotes information that you know is false, misleading or promotes
illegal activities or conduct that is abusive, threatening, obscene, defamatory
or libelous;
• promotes an illegal or unauthorized copy of another person's copyrighted
work, such as providing pirated computer programs or links to them, providing
information to circumvent manufacture-installed copy-protect devices,
or providing pirated music or links to pirated music files;
• contains restricted or password only access pages, or hidden pages
or images (those not linked to or from another accessible page);
• displays pornographic or sexually explicit material of any kind;
• provides material that exploits people under the age of 18 in
a sexual or violent manner, or solicits personal information from anyone
under 18;
• provides instructional information about illegal activities such
as making or buying illegal weapons, violating someone's privacy, or providing
or creating computer viruses;
• Solicits passwords or personal identifying information for commercial
or unlawful purposes from other users; and engages in commercial activities
and/or sales without our prior written consent such as contests, sweepstakes,
barter, advertising, and pyramid schemes.
Offline Conduct
Although ARK can not monitor the conduct of its Users off the Site,
it is also a violation of these rules to use any information obtained
from this Site in order to harass, abuse, or harm another person, or in
order to contact, advertise to, solicit or sell to any User without their
prior explicit consent.
No Commercial Use
The bulletin board, chat and other areas and potential areas of this ‘Site’
may not be used by our visitors for any commercial purposes such as to
conduct sales of tickets, merchandise or services of any kind. You must
obtain our prior written consent to make commercial offers of any kind,
whether by advertising, solicitations, links, or any other form of communication.
Without limiting the foregoing, you may not resell or link to other sites
for the purpose of selling tickets of any kind. We will investigate and
take appropriate legal action against anyone who violates this provision,
including without limitation, removing the offending communication from
the Site and barring such violators from use of the Site.
Access and Interference
You agree that you will not use any robot, spider, other automatic device,
or manual process to monitor or copy our web pages or the content contained
thereon or for any other unauthorized purpose without our prior expressed
written permission. You agree that you will not use any device, software
or routine to interfere or attempt to interfere with the proper workings
of the ARK web site. You agree that you will not take any action
that imposes an unreasonable or disproportionately large load on our infrastructure.
You agree that you will not copy, reproduce, alter, modify, create derivative
works, or publicly display any content (except for your own person, non-commercial
use) from our website without the prior expressed written permission of
ARK.
Unauthorized Use of the Site
Illegal and/or unauthorized uses of the Site, including, but not limited
to, unauthorized ticket sales, unauthorized framing of or linking to the
Site, or unauthorized use of any robot, spider or other automated devise
on the site, will be investigated and appropriate legal action will be
taken, including without limitation civil, criminal and injunctive redress.
Violation of the Terms
You understand and agree that, it is ARK sole discretion, and without
prior notice, ARK may terminate your access to the Site or exercise
any other remedy available and remove any unauthorized User Content, if
ARK believes that the User Content you provided has violated or
is inconsistent with these Terms of Use or violated the rights of ARK
, another User or the law. You agree that monetary damages may not provide
a sufficient remedy to ARK for violations of these terms and conditions
and you consent to injunctive or other equitable relief for such violations.
ARK may release user information about you if required by law or
subpoena, or if the information is necessary or appropriate to release
to address an unlawful or harmful activity. ARK is not required
to provide any refund to you if you are terminated as a User because you
have violated these Terms of Use.
Privacy
We believe that your privacy and the privacy of all our users is important.
Please review our Privacy Policy. By posting Content to the Site, you
authorize us to use or allow others to distribute, reproduce or otherwise
use the Content. ARK is not liable for any lost data resulting
from the operation of our Site and/or the enforcement of the Terms. We
urge all users to maintain their own back up versions of any content they
submit to the Site. Other than in registration forms, or when entering
a contest on the Site that is sponsored by us, you should not post information
about yourself on the Site that can be used to identify you, your home
or work address, phone numbers, pagers, email address or other such personal
information. ARK cannot prevent such information from being used
in a manner that violates these rules, the law, or your personal privacy
and safety. By posting such information on the Site, you violate these
Terms of Use, and you assume the risks and sole liability for the results
of such posting.
Copyright Policy
We will terminate the privileges of any user who uses this Site to unlawfully
transmit copyrighted material without a license express consent, valid
defense or fair use exemption to do so. In particular, users who submit
Content to this Site, whether articles, images, stories, software or other
copyrightable material must ensure that the Content they upload does not
infringe the copyrights or other rights of third parties (such as privacy
or publicity rights). After proper notification by the copyright holder
or it agent to us, and confirmation through court order or admission by
the user that they have used this Site as an instrument of unlawful infringement,
we will terminate the infringing users' rights to use and/or access to
this Site. We may, also in our sole discretion, decide to terminate a
user's rights to use or access to the Site prior to that time if we believe
that the alleged infringement has occurred.
Disclaimers
ARK does not promise that the Site will be error-free, uninterrupted,
nor that it will provide specific results from use of the Site or any
Content, search or link on it. The Site and its Content are delivered
on an "as-is" and "as-available" basis. ARK
cannot ensure that files you download from the Site will be free of viruses
or contamination or destructive features. ARK disclaim all warranties,
express or implied, including also any implied warranties of merchantability
and fitness for a particular purpose. ARK s will not be liable
for any damages of any kind arising from the use of this Site, including
without limitation, direct, indirect, incidental, and punitive and consequential
damages. ARK makes no guarantee of any specific result from use
of this Site. ARK disclaim any and all liability for the acts,
omissions and conduct of any third party users, ARK users, advertisers
and/or sponsors on the Site, in connection with ARK s services
or otherwise related to your use of the Site and/or ARK services.
ARK is not responsible for the products, services, actions or failure
to act of any venue, performer, promoter or other third party in connection
with or referenced on the Site. Without limiting the foregoing, you may
report the misconduct of users and/or third party advertisers, service
and/or product providers referenced on or included in the Site to ARK
by emailing the responsible party. ARK may investigate the claim
and take appropriate action, in its sole discretion.
Limitation on Liability
Except in jurisdictions where such provisions are restricted, in no event
will ARK be liable to you for any indirect, consequential, exemplary,
incidental, special or punitive damages, including also lost profits,
even if ARK has been advised of the possibility of such damages.
Disputes
If there is any dispute about or involving the Site, by using the Site,
you agree that the dispute will be governed by the laws of the province
of Manitoba without regard to its conflict of law provisions. You agree
to personal jurisdiction by and venue in the provincial and federal courts
of the Province of Manitoba, City of Winnipeg.
Colours
We have made every effort to display as accurately as possible
the colours of our products that appear on this site. However, as the
actual colours you see will depend on your monitor, we cannot guarantee
that your monitor’s display of any colour will be accurate.
Indemnity
You agree to indemnify and hold ARK , its subsidiaries, affiliates,
officers, agents and other partners and employees, harmless from any loss,
liability, claim or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of your use of the Site, including
also your use of the Site to provide a link to another site or to upload
content or other information to the Site.
Trademarks
ARK ’s logo and design are trademarks of ARK . All
rights reserved.
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