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1. Site. The Company owns and operates a website and a related mobile application each commonly known as “www.aarke-usa.com” (collectively, the “Site”).
2. User. Individuals may visit the Site for a variety of purposes.
(b) However, if an individual visiting the Site wishes to purchase any product that the Company offers for sale on or through the Site (each, a “Product”, and collectively, the “Products”), that individual must provide his or her correct legal name, as well as other PII that the Company may require during registration and from time to time thereafter.
3. Service. The Site offers participants an opportunity to learn about Products offered for sale by the Company and the ability to place one or more orders for such Products (each, an “Order”), services provided by the Company, to enter their PII on the Site so as to receive communications from the Company and to send communications to the Company (collectively, the “Service”).
4. Bona Fide Use. If you submit PII, you will submit only true and correct PII that is personal to you. In addition, your use of the Site must be for the bona fide purpose of receiving the Service.
5. Content on the Site.
(a) Proprietary Rights. The Company owns and/or licenses and retains all proprietary rights in the Site. The Site contains the copyrighted material, trademarks, and other proprietary information of the Company. You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
6. Prohibited Content. User hereby covenants to the Company as follows:
(a) You acknowledge that the Company does not accept onto the Site any submission of a User that: (i) contains libelous, indecent, obscene or pornographic material, hate speech, highly explosive subject matter (as determined by the Company, in its sole discretion), or any illegal subject matter or activities; (ii) violates any law or regulation governing false or deceptive advertising, comparative advertising or trade disparagement; (iii) contains any misrepresentation, or content that is defamatory or violates any rights of privacy or publicity; (iv) infringes on any copyright, trademark, patent or other proprietary right, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files; (v) contains any “worm”, “virus” or other device that could impair or injure any person or entity; (vi) harasses or advocates harassment of another person; (vii) involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming;” (viii) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); (ix) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18; (x) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or (xi) engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes (collectively referred to as the “Prohibited Content”). You shall not post any Prohibited Content anywhere on the Site.
(b) You are solely responsible for any and all legal liability arising out of or relating to your breach of any term or condition set forth in this Agreement, including, without limitation, your posting of Prohibited Content anywhere on the Site. You hereby agrees to indemnify, defend and hold harmless the Company and its officers, directors, agents, employees and independent contractors from and against all claims, actions, liabilities, losses, expenses, damages, and costs (including, without limitation, reasonable attorneys’ fees) that may at any time be incurred by any of them by reason of any claims, suits or proceedings (i) for libel, defamation, violation of right of privacy or publicity, breach of contract, copyright infringement, trademark infringement or other infringement of any third party, fraud, false advertising, misrepresentation, product liability or violation of any law, statute, ordinance, rule or regulation throughout the world in connection with your use of the Site; (b) arising out of any breach by you of any representation, warranty or covenant under this Agreement; or (c) relating to a contaminated file, virus, worm, or Trojan horse originating from a posting made by you on the Site.
7. NO WARRANTIES; LIMITATION OF LIABILITY. THE SERVICE AND EACH OF THE PRODUCTS IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH REGARD TO THE SITE OR ANY COMPONENT THEREOF, THE COMPANY MAKES NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT INFORMATION DERIVED FROM THE SITE, DIRECTLY OR INDIRECTLY, WILL FULFILL ANY USER’S PARTICULAR PURPOSES OR NEEDS, OR THAT SUCH INFORMATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. USE OF THE SITE SHALL BE AT EACH USER’S OWN DISCRETION AND SOLE RISK. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL FROM OR THROUGH THE SITE. THE COMPANY SHALL IN NO EVENT BE LIABLE FOR ANY ACTUAL, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST INCOME, LOST REVENUE, LOST PROFITS, OR ANY CLAIM OR DEMAND AGAINST ANY USER BY ANY THIRD PARTY, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER THEORY, REGARDLESS OF FORESEEABILITY AND EVEN IF THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
9. Modifications. The Company may modify this Agreement at any time, and without prior notice, by posting amended terms on the Site. Your continued use of the Site indicates your acceptance of the amended Agreement.
10. Eligibility. You must be at least 13 years of age use to register as a User. By using the Site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
11. Refusal of Service. The Company may prohibit any party to use the Site, or any reason whatsoever or for no reason.
12. Disclosure By Law. You acknowledge and agree that the Company may disclose information you provide (including, without limitation, PII) if required to do so by law, at the request of a third party (including, without limitation, law enforcement agencies), or if the Company, in its sole discretion, believes that disclosure is reasonable to (i) comply with the law, requests or orders from law enforcement; (ii) protect or defend the Company’s, or a third party’s rights or property; or (iii) protect someone’s health or safety, such as when harm, violence or abuse against any person is threatened.
13. Termination. You acknowledge and agree that the Company may, with or without cause, immediately terminate your access to the Site without prior notice. The Company is not required, and may be prohibited, from disclosing a reason for the termination of your access. Reasons for termination shall include, without limitation, (i) breaches or violations of this Agreement the Company’s policies as may be in effect from time to time, (ii) requests by any governmental agency, (iii) technical problems, and (iv) extended periods of a User’s inactivity. The Company may terminate your use by sending notice to you at the email address you provide in your registration with the Site, or such other email address as you may later provide to the Company. All decisions regarding the termination of your access shall be made in the sole discretion of the Company. Even after your access is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination. You may unsubscribe to our communications by clicking here: email@example.com and typing “UNSUBSCRIBE” in the subject line.
14. Blocking of IP Addresses. In order to protect the integrity of the Site, the Company reserves the right at any time in its sole discretion to block certain Users from accessing the Site.
16. Activity Monitoring. Although the Company has the right to monitor activity and content associated with the Site, the Company is under no obligation to do so.
17. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of New York.
18. Severability. Invalidation of any one of the covenants or terms of hereof, by judgment of a court, shall not affect any of the other provisions of hereof which shall remain in full force and effect.
19. No Waiver. No waiver of any breach of any provision of this Agreement by the Company shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the Company.
20. Entire Agreement. This Agreement contains the entire agreement between you and the Company regarding the use of the Site.
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.
□ I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Your privacy is important to Lobby Ventures Inc. (the “Company”, “we”, “us” or “our”). To better protect your privacy, we provide this statement explaining our online information practices, and the choices you can make about the way your information is collected and used on the Company’s website and related mobile application each commonly known as “www.aarke-usa.com” (collectively, the “Site”).
• What personally identifiable information (“PII”) is collected on the Site and/or through your placing of an order for any Product (an “Order”), and how the same may be used
• Sharing of PII with third parties
• Use of tracking technology
• Supplementing of PII with information from other sources
• How you can change PII you have provided
• Security measures in place
Information Collection and Use
Depending upon your reason for using the Site, we may ask you for certain PII, such as your name, email address and/or telephone number. Under certain circumstances, we may use your PII, alone or together with other information that we or others may gather. For example, we may purchase demographic data from other companies.
We may use your PII, for example, to:
• Communicate with you regarding your Order.
• Inform you via email about other products, programs or services offered by the Company, or our affiliates or strategic partners (however, if you do not wish to receive such additional informative emails, please email us at email@example.com to opt out of the same)
• Conduct audits, data analysis and research
• Analyze, customize and improve our products and services, as well as the content of and advertisements on the Site
• Provide customer support
• Display advertising
We sometimes collect data that, in and of itself, does not directly identify you. We may collect, use, disclose and transfer this non-personally identifiable information for any purpose. For example, we or our strategic partners may collect information about your visits to the Site, the links and advertisements that you click on and the URL that referred you to the Site. We and/or such third parties with whom we contract may use this information to serve you or like-minded consumers with advertisements relating to other products, programs or services.
If you pay for any of the goods or services offered on the Site by credit card, your credit card information will be submitted through a plug-in application from a third-party gateway provider (such as Paypal), which third-party will store such data for processing payment for your Order, and we may store such data for use in future Orders. The Company shall not have access to your full credit card information.
We may share hashed portions of your PII with certain strategic partners to make our business more responsive to your interests and/or those of like-minded consumers. For example, we may aggregate your email address together with the email addresses of others who place orders on our Site, locally hash such data, and transmit the resulting hashed data to Facebook for the purpose of creating “Custom Audiences” (where targeted ads are sent to people on Facebook who have already been on our Site), and “Lookalike Audiences” (where targeted ads are sent to people on Facebook who have similar characteristics to people on our Custom Audience list). If you wish to opt-out of this use of certain hashed portions of your PII, please email us at firstname.lastname@example.org, and we will begin the process of removing your data from our Custom Audience list.
You can change your PII by emailing us at email@example.com or through your account on the Site.
When you use a mobile device like a smartphone to access our Site, we may access, collect, monitor or store information on your device. Device information could be small data files or similar data structures stored on or associated with your mobile device, which uniquely identifies your mobile device. Device information may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by the Company.
Device information may be delivered to us or to a one or more of our strategic partners about how you browse and use the Site, and it may help us or others provide reports or personalized content and ads. Some features of the Site may not function properly if use or availability of device information is impaired or disabled.
Security of Information
We have put in place appropriate, industry-standard physical, electronic and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online.
In some cases, we may collect and store information about where you are located, such as by converting your IP Address into a geolocation or utilizing the location services of our strategic partners. We may also ask you to provide information about your location, for example to use your geolocation information from your mobile device to geotag a post. We may use location information to improve and personalize services for you.
Cookies and Log Files
One type of cookie, known as a “persistent” cookie, is set once you’ve logged into the Site. The next time you visit the Site, the persistent cookie will allow the Company to identify you as an existing User so you will not need to log in before using the service. Another type of cookie, called a “session” cookie, is used to identify a particular visit to the Site. Session cookies expire after a short time or when you close your web browser.
Due to the communications standards on the internet, when you visit the Site we automatically receive the URL of the site from which you came and the site to which you are going when you leave the Site. We also receive the internet protocol (IP) address of your computer (or the proxy server you use to access the World Wide Web), your computer operating system and type of web browser you are using, as well as the name of your internet service provider (ISP). This information is used to analyze overall trends to help us improve the Site and the products and services we offer to you and like-minded consumers. The linkage between your IP address and your personally identifiable is never shared with third-parties without your permission or except when required by law.
We may allow other companies, called “ad” (i.e., advertising) networks, to serve advertisements to the Site’s users. Ad networks include third party ad servers, ad agencies, ad technology vendors and research firms. The Company may “target” some ads to users that fit a certain general profile.
To deliver these ads properly, the Company may include a file (known as a web beacon) from these ad networks within pages served by the Company so the ad networks may provide anonymized, aggregated auditing, research and reporting for advertisers as well as to target ads to you while you visit other websites.
We use third-party analytics tools to help us measure traffic and usage trends and online behavior. These tools collect information sent by your computer or mobile device or our Site, including the web pages you visit, add-ons, and other information that assists us in improving the Site. We collect and use this analytics information with analytics information from other users so that it cannot reasonably be used to identify any particular individual user.
Opting-Out of Targeted Ads
We recognize how important your online privacy is to you, so we offer the following options for controlling the targeted ads (sometimes called “interest-based ads”) you receive and how we use your data.
Opting-out of this type of advertising through the below methods will not prevent you from seeing ads, but those ads will likely be less relevant because they will not be tailored to your interests. The ads might, for instance, be randomly generated or based on the web page you are visiting.
Do Not Track
Some internet browsers have incorporated “Do Not Track” (DNT) technologies that can send a signal to the websites that you visit indicating you do not wish to be tracked. We do not currently respond to browser DNT signals.
From time to time, the Company may conduct user surveys. We may share any information gathered in these surveys with our affiliates, advertisers and strategic partners.
We do not knowingly collect PII from children under the age of 13. If you are under 13 years of age, please do not submit any personal information on or through the Site unless you have first notified your parents and have obtained their express permission to do so.
Other Websites and Services
If we learn of a data breach resulting in the disclosure of your PII, we will use good faith efforts to notify you of the same by email.