Terms of use
Please read these Terms of Use (the ?�Terms?? carefully because they govern your use of the website located at ARKPIA.com and the content, functionalities, and services (the ?�Services?? accessible via the Site (collectively, the ?�Site?? offered by J&John Co., Ltd. (?�J&JOHN??, established under the laws of Republic of Korea, d/b/a ARKPIA ("ARKPIA?? ?�we??or ?�us??.
Agreement to Terms
By accessing and using our Site, you agree to be bound by these Terms as they may be modified, changed, supplemented, or updated from time to time by ARKPIA in its sole discretion at any time without advance notice, as well as all applicable laws and regulations. If you don?�t agree to be bound by these Terms, do not use the Site or any information, links or content contained on this Site. Your access to and use of the Site constitutes your acknowledgment and acceptance of the agreement to abide by each of the terms set forth below. If you are using the Site on behalf of your organization, that organization accepts these Terms.
Changes to these Terms or the Site
We may update the Terms from time to time at our sole discretion. If we do, we?�ll let you know by posting the updated Terms on the Site. It?�s important that you review the Terms whenever we update them or when you use the Site. We suggest that you visit our Site regularly to keep up to date with any changes. Your continued use of the Site will confirm your acceptance of these Terms as modified, changed, supplemented, or updated by us. If you do not agree to such revised Terms, you must stop using the Site and any information, documents, links, or content contained on the Site. We may also change or discontinue all or any part of the Site, at any time and without notice, at our sole discretion.
Who May Use the Site?
You may use the Site only if you are 18 years or older and capable of forming a binding contract with ARKPIA, and not otherwise barred from using the Site under applicable laws.
Feedback
We value your feedback on the Site, but please don?�t send us suggestions for improvements, creative ideas, designs, pitch portfolios, or other materials (collectively the ?�Unsolicited Ideas??. This policy is aimed at avoiding potential disputes or misunderstandings when our Site might seem like Unsolicited Ideas that people submit. We may currently be developing, have developed, or in the future will develop ideas or materials internally or receive ideas or materials from other parties that may be like Unsolicited Ideas. If you ignore this policy and send us your Unsolicited Ideas anyway, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, assignable and transferable license under any and all intellectual property or other rights that you own or control to use, copy, modify, create derivative works based upon, make, have made, sell, offer for sale, import, and otherwise exploit in any manner or medium whatsoever known now or in the future your Unsolicited Ideas for any purpose, without compensation to you.
User Content
If you post, upload, input, provide or submit your personal data to us, including without limitation, your name, email address, IP address, cryptocurrency address, text, code or other information and materials, sign up to our mailing list or create an account on the Site (collectively, your ?�User Content??, you must ensure that the User Content provided by you at that or at any other time is true, accurate, up to date and complete and that any User Content you post, upload, input, provide or submit to us or via the Site does not breach or infringe the intellectual property rights of any third party. We do not own, control, or endorse any User Content that is transmitted, stored, or processed via the Site or sent to us and we are not responsible or liable for any User Content. You are solely responsible and liable for all of your User Content and for your use of any interactive features, links or information or content on the Site, and you represent and warrant that (i) you own all intellectual property rights (or have obtained all necessary permissions) to provide your User Content and to grant the licenses in these Terms; (ii) your User Content will not violate any agreements or confidentiality obligations; and (iii) your User Content will not violate, infringe or misappropriate any intellectual property right or other proprietary right, including the right of publicity or privacy, of any person or entity.
You are entirely responsible for maintaining the confidentiality of your User Content and any of your non-public information. Furthermore, you are entirely responsible for all activities that occur under your account (if any). You agree to notify us immediately of any unauthorized use of your User Content, account, or any other breach of security. We will not be liable for any loss or damages that you may incur because of someone else using your User Content or account, either with or without your knowledge. However, you could be held liable for losses incurred by us (as defined above) or another party due to someone else using your User Content or account. You may not use anyone else?�s User Content or account at any time without the permission of such person or entity.
By posting, uploading, inputting, providing, or submitting your User Content to us, you grant us, our affiliates, and any necessary sub-licensees a non-exclusive, worldwide, perpetual, right and permission to use, reproduce, copy, edit, modify, translate, reformat, create derivative works from, distribute, transmit, publicly perform, and publicly display your User Content and sub-license such rights to others.
You must immediately update and inform us of any changes to your User Content by updating your personal data by contacting us at info@jnjohn.com so that we can communicate with you effectively and provide accurate and up to date information to you.
Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content. Furthermore, if we have reason to believe that there is likely to be a breach of security, breach, or misuse of the Site or if you breach any of your obligations under these Terms or the Privacy Policy, we may suspend your use of the Site at any time and for any reason without prior notice to you.
Any User Content submitted by you on the Site may be accessed by us and other users globally.
ARKPIA?�s Intellectual Property
We may make available through the Site content that is subject to intellectual property rights. We or our licensors, or the third parties who otherwise own the intellectual property rights, retain all rights, title, benefits, and interest in and to the Site and its products and services, including all copyrights, patents, trade secrets, trademarks, other intellectual property rights, trade names, logos, slogans, custom graphics, button icons, scripts, videos, text, images, software, code, files, content, information, and other material available on the Site. We further reserve all rights not expressly granted.
No Unauthorized Reproduction
You may only access, use and print the information and material on the Site for non-commercial or personal use if you are authorized to access such information or material and keep intact all copyright and proprietary notices. You must not otherwise reproduce, adapt, store, transmit, distribute, print, display, commercialize, publish or create derivative works from any part of the content, format or design of the Site. If you seek to reproduce or otherwise use the content on the Site in any way, it is your responsibility to obtain approval from us for such use. Nothing in these Terms will be construed as conferring any right or license to any patent, trademark, copyright, or other proprietary rights of us or any third party, whether by estoppel, implication or otherwise. To the extent that the Site contains functionality that allows you to access or download specific materials through the Site, your use of that functionality and the downloaded materials may be subject to separate terms and conditions which you will be asked to read and accept at the relevant time.
General Prohibitions and ARKPIA?�s Enforcement Rights
??Use, display, mirror, or frame the Site or any individual element within the Site, the Site?�s name, any trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page within the Site, without ARKPIA?�s express prior written consent;
??Gain or attempt to gain unauthorized access to or interfere with the performance of the servers which host the Site and the technical delivery systems of ARKPIA or its service providers through hacking, password mining, or any other means;
??Attempt to probe, scan, or test the vulnerability of any ARKPIA?�s system or network or breach any security or authentication measures;
??Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by ARKPIA or ARKPIA?�s service providers or any other third party (including another user) to protect the Site;
??Attempt to access or search the Site or download content from the Site using any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software and/or search agents provided by the ARKPIA or other generally available third-party web browsers;
??Use the Site, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
??Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide, operate and maintain the Site;
??Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
??Create a false identity for the purpose of misleading others or fraudulently or otherwise misrepresent yourself to be another person or a representative of another entity including, but not limited to, an authorized user of the Site or our representative, or fraudulently or otherwise misrepresent that you have an affiliation with a person, entity or group;
??Publish, post, send, upload, submit, display or disseminate any information or material and/or otherwise make available or engage in any conduct that is unlawful, discriminatory, harassing, libelous, defamatory, abusive, threatening, harmful, offensive, obscene, tortious or otherwise objectionable;
??Display, upload or transmit material that encourages conduct that may constitute a criminal offence, result in civil liability or otherwise violate or breach any applicable laws, regulations or code of practice;
??Mislead or deceive us, our representatives and any third parties who may rely on the information provided by you, by providing inaccurate or false information, which includes omissions of information;
??Violate, infringe or misappropriate any intellectual or industrial property right of any person (such as copyright, trademarks, patents, or trade secrets, or other proprietary rights of any party) or commit a tort;
??Harvest or otherwise collect, whether aggregated or otherwise, data about others including email addresses and/or distribute or sell such data in any manner;
??Use the Site to engage in or promote any activity that violates these Terms;
??Violate any applicable laws or regulations; or
??Encourage, enable, or procure any other persons to do any of the foregoing.
Monitoring and Investigation
ARKPIA is not obligated to monitor access to or use of the Site or to review or edit any content. However, we have the right to do so for the purpose of operating the Site, to ensure compliance with these Terms and to comply with applicable laws and other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, at any time and without notice, including, but not limited to, circumstances in which we, at our sole discretion, consider it such content objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Site. We may also consult and cooperate with law enforcement authorities to prosecute users who violate these Terms and applicable laws.
Links to Third Party Websites or Resources
The Site may contain links which allow you to access third-party content, advertisements, websites, promotions, logos and other materials or other resources (collectively, the ?�Third-Party Contents??. We provide access only as a convenience and do not approve of, endorse, or control and are not responsible for the content, products, or services on or available from the Third Party-Contents. We make no representations or warranties of any kind regarding such Third-Party Contents, including, without limitation, its accuracy, validity, legality, copyright compliance, suitability, or decency of such content. Your use of or interactions with any Third-Party Contents, and any third party that provides Third-Party Contents, are solely between you and such third parties and we are not responsible or liable in any manner for such use or interactions. We are not responsible for any of the content on third party sites linked to the Site nor can it be assumed that we have reviewed or approved of such sites or their content, nor do we warrant that the links to these sites work or are up to date. You acknowledge sole responsibility for, and assume all risks arising from, your use of any Third-Party Contents.
No Financial Services Activities or Advice
The information and any materials contained in the Site should not be considered as an offer or solicitation to buy or sell financial instruments, provide financial advice, create a trading platform, facilitate, or take deposits or provide any other financial services of any kind in any jurisdiction. The information contained on the Site is not intended to provide and should not be construed as advice of any kind. You should obtain appropriate professional advice when necessary. It does not consider your objectives, financial situation or needs.
Termination
We may suspend or terminate your access to and use of the Site at our sole discretion at any time and without notice or compensation to you in the event of any breach by you of these Terms (including but not limited to engaging in any of the Prohibited Acts) or in any other circumstances in which we are of the opinion that it is necessary to suspend or terminate your access to and use of the Site in order to protect our interests and the safety and interests of other users of the Site.
Geographic Restrictions
ARKPIA is based in the Republic of Korea. We make no claims that the Site or any of its content is accessible or appropriate outside of Republic of Korea. Access to the Site may not be legal by certain persons or in certain regions or countries. If you access the Site from outside of Republic of Korea, you do so on your own initiative and at your own risk and are responsible for compliance with local laws.
Disclaimers
THE SITE IS PROVIDED ON AN ?�AS IS??AND ?�AS AVAILABLE??BASIS, AND TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT ANY WARRANTIES REPRESENTATIONS, PROMISES OR GUARANTEES WHATSOEVER OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OR CONTENT ON THE SITE. ANY RELIANCE YOU PLACE ON SUCH INFORMATION OR CONTENT IS STRICTLY AT YOUR OWN RISK.
In addition, to the fullest extent permitted by law, we shall not be responsible or liable for:
??any loss, liability, cost, expense or damage suffered or incurred arising out of or in connection with any access to or use of this Site or any of its content;
??any reliance on, or decision made on the basis of, information or material shown on or omitted from this Site;
??any matter affecting this Site or any of its content caused by circumstances beyond our reasonable control;
??the performance of this Website and any fault, delays, interruptions, or lack of availability of this Site and any of the services or products provided through this Site, which may occur due to increased usage of this Site, intermittent failures of this Site or the need for repairs, maintenance or the introduction of new facilities, products or services; and
??any information or material on any website operated by a third party which may be accessed from this Site.
Indemnity
You agree to, upon demand, indemnify, defend and hold ARKPIA and J&JOHN and our past, present and future officers, directors, employees, agents, consultants, and equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Site and the Services,; (b) your User Content; (c) any Unsolicited Ideas or other feedback you provide; or (d) your violation of these Terms.
We reserve the right to exercise sole control over the defense, at your expense, of any claim subject to indemnification pursuant to these Terms. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and us.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ARKPIA NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE. OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY (IF ANY), CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ARKPIA OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OR MAY BE OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGE,EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN ARKPIA AND YOU. Governing Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the Republic of Korea, without regard to its conflict of law provisions. Any disputes arising out of or in connection to these Terms shall be subject to the exclusive jurisdiction of the Seoul Central District Court as the court of first instance.
GENERAL TERMS
Reservation of Rights
ARKPIA and its licensors exclusively own all right, title, and interest in and to the Site, including all associated intellectual property rights. You acknowledge that the Site is protected by copyright, trademark, and other laws of the Republic of Korea and other jurisdictions. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Site.
Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between ARKPIA and you regarding your use of the Site and the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between ARKPIA and you regarding your use of the Site and the Services.
Severability
If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
Force Majeure
If performance by either party of its obligations under these Terms shall be wholly or partly prevented or delayed by reason of government restrictions (whether with or without valid jurisdiction), war or warlike activity, insurrection or civil disorder, natural catastrophes, acts of God, interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services, or any other causes similar or dissimilar to the foregoing that are beyond its control and are not foreseeable at the time these Terms (including any updates which may be made from time to time) are published by ARKPIA and accepted by you (?�Force Majeure Event??, the obligations under these Terms of the party being affected by such Force Majeure Event shall, so far as they are affected by the Force Majeure Event, be suspended during the continuance of the inability but for no longer period, and such affected party shall use its best endeavors to remove or overcome such inability as soon as practicable.
Assignment
You may not assign or transfer your rights and obligations under these Terms, by operation of law or otherwise, without the prior written consent of ARKPIA. Any attempt by you to assign or transfer your rights and/or obligations under these Terms absent our prior written consent shall be absolutely null and void. ARKPIA may freely assign or transfer its rights and obligations under these Terms without any restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Notices
Any notices or other communications provided by ARKPIA under these Terms will be given by posting to the Site.
No Waiver of Rights
No delay or failure of ARKPIA to enforce any right, remedy or provision of these Terms shall be considered a waiver of such right, remedy or provision. The waiver of any such right, remedy or provision will be effective only if in writing and signed by a duly authorized representative of ARKPIA. No waiver by ARKPIA arty of any of its rights or any breach or default on your part shall be deemed a waiver by ARKPIA of any of its other rights, its future exercise of the right being waived in any given instance, or any subsequent breach or default on your part.
Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Contact Information
If you have any questions about these Terms or the Site, please contact ARKPIA at info@jnjohn.com.