MarketSquare Terms of Service

Last updated: April 16, 2020

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the MarketSquare made by ARK Ecosystem SCIC. Your access to and use of the MarketSquare is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the MarketSquare. By accessing or using the MarketSquare you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the MarketSquare.

1. Intellectual Property
  1. The MarketSquare and its original content, features and functionality are and will remain the exclusive project of ARK Ecosystem SCIC. The MarketSquare is protected by copyright, trademark, and other laws of both the United States and foreign countries. The trademarks and trade dress found herein may not be used in connection with any product or service without the prior written consent of ARK.

2. Links to Other Web Sites, Projects or Services.
  1. The MarketSquare may contain links to third-party web sites, projects, and/or services that are not owned or controlled by ARK Ecosystem SCIC. ARK Ecosystem SCIC has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites, projects, or services. We do not warrant the offerings of any of these projects/individuals or their websites, projects, or services.
  2. You acknowledge and agree that ARK Ecosystem SCIC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites, projects, or services.
  3. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

3. Indemnification
  1. You agree to defend, indemnify and hold harmless ARK Ecosystem SCIC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the MarketSquare, or b) a breach of these Terms.

4. User Conduct
  1. By using the MarketSquare you agree to use the MarketSquare responsibly
  2. You must not misuse the MarketSquare. For example, you must not:
    1. Copy, modify, or resell the MarketSquare
    2. Access or attempt to access the MarketSquare by any means other than the interface provided.
    3. Impersonate any person or project, or falsely state or otherwise misrepresent an affiliation with another person or project.
    4. Attempt to disable, impair, or destroy the MarketSquare
    5. Use any data mining or similar data gathering and extraction methods in connection with the MarketSquare.
    6. Violate applicable law

5. Disclaimer
  1. Your use of the MarketSquare is at your sole risk. The MarketSquare is provided on an "AS IS" and "AS AVAILABLE" basis. The MarketSquare is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
  2. ARK Ecosystem SCIC its subsidiaries, affiliates, and its licensors do not warrant that a) the MarketSquare will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the MarketSquare is free of viruses or other harmful components; or d) the results of using the MarketSquare will meet your requirements.
  3. You may not tamper with or circumvent any technology included within the MarketSquare.

6. Services “AS IS”
  1. TO THE FULLEST EXTENT PERMITTED BY LAW, ARK ECOSYSTEM SCIC AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7. Limitation of Liability
  1. In no event shall ARK Ecosystem SCIC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
    1. Access to or use of or inability to access or use the MarketSquare;
    2. any conduct or content of any third party via any project or service created on the MarketSquare;
    3. any content obtained from the MarketSquare; and
    4. unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not ARK Ecosystem SCIC have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

8. Data Collection
  1. When using the MarketSquare you have the option to create an account and submit personal information that may include name, email, and other identifying information. By submitting your personal information, you consent to ARK Ecosystem SCIC capturing and storing this data. This personal data is stored in our secure CRM platform and will be used to contact users of the MarketSquare regarding updates and important information about the MarketSquare. In compliance with General Data Protection Regulation, we extend certain rights to users of the MarketSquare. Those rights are as follows:
    1. Right to be Informed – ARK Ecosystem SCIC agrees to inform all users what data we are collecting and for what purposes. The MarketSquare allows user to submit an email address. The email address will be used to inform users regarding MarketSquare updates and marketing information regarding ARK Ecosystem SCIC.
    2. Right of Access – All users have a right to see what extent of their personal information is being held by ARK Ecosystem SCIC.
    3. Right to Rectification – Users have the right to rectify any incorrect or amend any personal information being held by ARK Ecosystem SCIC.
    4. Right to Erasure – Users can request to have their personal data erased or redacted under certain circumstances. Circumstances may include events such as: data is no longer being used for its intended purpose, or the personal data has been possessed unlawfully.
    5. Right to Restrict Processing – Users can request for data to be halted from being processed in the event that data is being amended or redacted.
    6. Right to Data Portability – Users can request any piece of personal data given to ARK Ecosystem SCIC. Personal data will be supplied in a structured, commonly used, machine-readable format.
    7. Right to Object – Users have the ability to object to their data being processed if the data is being used in a manner that is inconsistent with the stated purpose for which it was collected.
    8. Rights in Relation to Automated Decision-making and Processing - Users have the right to object and not be subject to decisions based solely on automated processing.
    9. Regarding User Data – Users may inquire as to their data, make amendments, or ask for their stored data to be deleted at any time by contacting [email protected]

9. Entire Agreement
  1. These Terms constitute the entire agreement between you and ARK Ecosystem SCIC with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third-party beneficiary rights.

10. Waiver, Severability, and Assignment
  1. ARK Ecosystem SCIC’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. ARK Ecosystem SCIC may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

11. Amendments to the Terms of Service
  1. ARK Ecosystem SCIC reserves the right, at their sole discretion, to modify or replace these Terms at any time. If a revision is material ARK Ecosystem SCIC will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at their sole discretion.
  2. By continuing to access or use the MarketSquare after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the MarketSquare.


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