Please read these terms carefully before using the services. By accessing the site, viewing any content or using any services available on the site (as each is defined below) you are agreeing to be bound by these terms, governs our relationship with you in relation to the site. If you disagree with any part of the terms, please do not access the site.
Arch Hive is a subsidiary company of Archi Hacks.
For good and valuable consideration, the receipt and sufficiency of which each party acknowledges, the parties hereby agree as follows:
1. Membership. You do not have to be a member of the Site to enjoy some of the features of the Site. In particular, the Site users who are not members may view some of the content on the Site as long as they comply with our standards of conduct. However, members receive additional benefits (and different levels of members may receive different benefits), subject to our standards of conduct from time-to-time. We may change the benefits, features and levels of membership from time-to-time by sending you an email or by posting the changes on the Site. If you create an account, you are responsible for maintaining the security of your Account and its Content, and you are fully responsible for all activities that occur under your Account and any other actions taken on the Service. You must not describe or assign Content to your Account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Arch Hive may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Arch Hive liability. You must immediately notify Arch Hive of any unauthorized uses of your Account or any other breaches of security. Arch Hive will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
2. Eligibility. By registering as a member you represent and warrant to us that:
(a) you are an individual who can form a legally binding contract at law; and
(b) you are at least 18 years old, and of the age of majority in the jurisdiction from which you access the Site.
3. Minors. Minors are not allowed to use Arch Hive.
4. Account, User Name and Password
(a) You must select a unique user name for your account. You must not use a user name that is, in our sole discretion, vulgar, offensive, defamatory, obscene, hateful or otherwise unlawful or objectionable. We may modify user names as we see fit.
(b) You must keep your password secure and confidential.
(c) You are solely responsible and liable for all activity conducted through your account. If you become aware of or reasonably suspect any security breach, including any loss, theft or unauthorized disclosure or use of your password, you must immediately report the actual or suspected security breach to us by contacting us.
(d) All information you provide to us must be true, complete and current, and you must update this information as necessary to keep it true, complete and current.
(e) Accounts that impersonate others or are otherwise objectionable may be terminated at our sole discretion.
(f) Usage of temporary email addresses is prohibited. If you are found to be using a temporary email address, your account will be terminated.
5. Access and Use of Services
You may only access the Services through the interface provided on the Site. Also, you may only use the Services for your own purposes, and you must not resell, transfer or otherwise provide any of the Services to any third party.
Many portions of the Site are free to use. However, if you wish to use any of the premium services or wish to purchase any products available on the Site, you agree to pay Arch-Hive the prices posted on the Site for those products and services, plus all applicable taxes, and you will make those payments on the dates set out on the Site. Payments must be made in advance. Arch-Hive may change the fees from time-to-time.
7. Payment Options
You may pay Arch-Hive through the payment options made available on the Site. You must comply with the terms of all agreements between you and any third-party payment processors, and if you have any disputes regarding the processing of your payment you must deal directly with those third parties to resolve the disputes. If Arch-Hive allows you to pay Arch-Hive directly via credit card, then you authorize Arch-Hive to charge all amounts to the credit card number you provide to Arch-Hive. If your credit card payment is rejected or refused you will immediately pay Arch-Hive the amount due and provide Arch-Hive with an alternative credit card number for future payments. You represent and warrant to Arch-Hive that each credit card you use for payment to Arch-Hive either belongs to you, and you have the right to charge all such payments on the credit card(s).
8. Marketplace for Content Providers
Marketplace is a Service that allows you to commercialize some of Your Content (Digital Products) through the Site. All of Your Content must comply with these Terms, and Arch-Hive reserves the right to remove any of Your Content that Arch-Hive determines in its sole discretion does not comply with these Terms.
b. Digital Products
Digital Products are products such as tutorials, software tools, stock assets and other electronic products that you upload to the Site and make available through the Marketplace. If you opt to allow any of Your Content to be commercialized as Digital Products, then you agree as follows:
(i) You must set a price for each of your Digital Products. You hereby authorize us to license copies of those products at that price, plus applicable taxes.
(ii) You must specify the licence terms that apply to each Digital Product you make available through the Marketplace. You will have the option of specifying one of our standard licence terms or providing your own licence terms. If you provide your own license terms, we will have the right to review, approve, or disapprove those terms at our discretion at any time. We do not represent or warrant that any documentation or information we provide complies with any jurisdiction’s laws, and you should obtain advice from a qualified professional before preparing or implementing any terms. You acknowledge and agree that the licence terms are between you and the purchaser, and that we do not have any obligation to enforce those terms or to attempt to resolve any dispute between you and a purchaser.
(iii) After we have completed a transaction in connection with any of your Digital Products, we will make the Digital Products available to the purchaser according to the applicable licence terms you have specified (subject to Section 8(b)(ii)). You hereby grant us a royalty-free, perpetual, world-wide licence to do so. You must not include anything in the Digital Products that reduces or eliminates the applicable licence granted to the customer.
(iv) After we have received payment for a transaction in connection with any of your Digital Products, we will deposit you a percentage of the price (excluding taxes) we received as set out in fee schedule, less any transaction fees listed in that fee schedule, into your Marketplace account. You may redeem amounts from your Marketplace account as described in section 8e) below. We will retain the remainder as our commission for the transaction. We may change the fee schedule from time-to-time by posting the changes on the Site for at least 30 days.
(v) If a customer advises us that there is a material error in any of your Digital Products, or that they do not substantially conform with the description you provided for them, or there is some other material issue with your Digital Products then: (i) you will promptly remedy that error, description or issue at our request, (ii) we may refund the customer, in which case at our option you will either repay us the refunded amount or we will deduct the refunded amount from any future payment we make to you, and (iii) we may suspend or prohibit future sales of Your Content.
c. Account Balance and Redemption
(i) Upon receiving payment from a purchase of your Digital Product, we will deposit your portion of the payment into your Marketplace account.
(ii) Provided that the balance of your Marketplace account exceeds the applicable threshold set out in our fee schedule, that balance will be automatically redeemed on a weekly basis.
(iii) Balances that you redeem will be paid to the bank account you designate on the Site. A deposit initiated by a balance redemption will not reach your bank account immediately.
(iv) If we have provided a refund to a purchaser of your Digital Product we will deduct the refunded amount from your Marketplace account balance.
(v) You acknowledge and agree that additional third-party fees may apply to and be deducted from the amounts you redeem from your Marketplace account balance, and that Arch-Hive is not responsible for and has no control over such fees. For example, your bank may impose wire transfer or similar fees or currency conversion fees.
(vi) Arch-Hive is not responsible for lost payments. You are solely responsible for ensuring we have all required account numbers and information to make those payments.
d. Currency Conversion
Arch-Hive will calculate and render a converted exchange rate in United States dollars, regardless of the currency in which you listed the price of your Digital Product. All transactions through the Marketplace, regardless of type of content or listed currency, will settle in United States dollars. Your Marketplace account balance will be denominated and redeemable only in United States dollars. Arch-Hive cannot guarantee the accuracy of displayed exchange rates because market rates can fluctuate. We recommend that you confirm current exchange rates before engaging in Marketplace transactions.
You are solely responsible and liable for imposing, collecting, reporting and remitting to the relevant authorities, in a timely and proper manner, all applicable sales, use, value-added, property, excise, import, foreign, withhold and other taxes, duties, charges, levies, fees, excises, tariffs, and assessments of any nature whatsoever imposed, arising from, connect with and relating to your sales through the Marketplace and the payments you receive for those sales. Arch-Hive does not and will not provide any advice regarding your tax obligations. If you are uncertain about your tax obligations you should obtain advice from a professional tax advisor or your local tax office.
9. Marketplace for Content Acquirers
The Marketplace is a Service that allows you to purchase products from other content providers through the Site.
b. Digital Products
Digital Products are products such as videos, software tools, stock assets and other electronic products. After you have completed a transaction for a Digital Product, we will make a copy of the product available to you according to the licence terms specified by the Digital Product’s provider. You must not distribute the product, allow any third party to use or access the product, or otherwise use, reproduce or exploit the product in any way that is not permitted by the applicable licence terms. You acknowledge and agree that those licence terms (and any dispute under them) are between you and the provider and that we are not a party to them and that we do not have any obligation to attempt to resolve any dispute between you and the provider. You also acknowledge and agree that we are a third-party beneficiary of those licence terms and therefore will be entitled to directly enforce and rely upon any provision in those terms that confers a benefit on, or rights in favour of, us.
Whenever you access, use or otherwise deal with the Services, you must comply with all:
(a) applicable laws;
(b) acceptable-use policies and other policies implemented by Arch-Hive with respect to the Site or the Services from time-to-time, as posted on Arch-Hive’s website; and
(c) other rules and policies or procedures that Arch-Hive communicates to you from time-to-time.
Without limiting anything in this Agreement, you must comply with all applicable privacy laws and must not collect, use, retain or disclose any third party’s personal information without their consent unless otherwise permitted by law to do so.
12. Your Privacy and Communications Consent
When you register for the Site, a profile page is automatically created for you, and some of your personal information may be made available to the general public. For your protection, please do not share sensitive information on the Site or through the Services.
As between you and Arch-Hive, you will retain ownership of all original text, images, videos, messages, comments, ratings, reviews and other original content you provide on or through the Site, including Digital Products and descriptions of your Digital Products (collectively, “Your Content”), and all intellectual property rights in Your Content.
As between you and Arch-Hive, Arch-Hive or third parties solely own the following (the “Arch-Hive Property”):
(a) all other content on the Site or provided through the Services, including all Learning Content, all Learning Resources, and all text, photos, videos, templates, and other content provided by Arch-Hive and all intellectual property rights in the Arch-Hive Content; and
(b) all tools, hardware and software used to provide the Services;
(c) the graphical design of the Site, the Site user interface and the look and feel of the Site and the Site user interface; and
(d) the names, logos and trade-marks of Arch-Hive and on the Site (including third parties’ marks) and Arch-Hive.
You must not copy, modify, distribute, use, exploit or make derivative works from any of the Arch-Hive except as explicitly permitted by Arch-Hive.
14. Licence regarding Your Content
Your Content may be shared with third parties, for example, on social media sites to promote your content on the Site, and may be available for purchase through the Marketplace. Accordingly, you hereby grant royalty-free, perpetual, world-wide, licences (the “Licences”) to Arch-Hive and our service providers to copy, modify, reformat and distribute Your Content, and to use the name that you provide in association with Your Content, in connection with providing the Services; and to Arch-Hive and our service providers, members, users and licensees to use, communicate, share, and display Your Content (in whole or in part) subject to our policies, as those policies are amended from time-to-time.
15. Moral Rights
Arch-Hive and our service providers, members, users and licensees may use, copy, display and transmit your user name in connection with any or all of Your Content if Arch-Hive or the service providers, members, users or licensees wish to do so.
16. Representations regarding Your Content.
You represent and warrant to Arch-Hive that:
(a) you own Your Content;
(b) you have the right to grant the Licences; and
(c) the use, communication, sharing, display, copying, reformatting and distribution of Your Content as permitted by the Licences will not infringe or violate the rights of any third party.
17. Content Disclaimer.
Arch-Hive does not endorse any of the content on the Site. Arch-Hive will not be responsible or liable for content that is generated by the Site users.
18. Monitoring and Disclosure.
Arch-Hive cannot monitor everything on the Site and does not normally monitor your use of the Services; however, Arch-Hive and our representatives may do so. We reserve the right (but have no obligation) to remove, delete, edit or reclassify content that we determine, in our sole discretion, is objectionable for any reason. We will not have any liability for any failure to remove, or delay in removing, any content. We may disclose any information that is necessary to satisfy any law, regulation or lawful request or as necessary to operate the Services or to protect the rights or property of itself or others that are directly related to providing the Services. If you notice any inappropriate content on the Site, please contact us.
19. Other rules regarding Your Content.
You are responsible for keeping back-up copies of all of Your Content; Arch-Hive will not be liable for any loss or damage to any of Your Content. Arch-Hive may impose limits on the quantity and size of Your Content stored on our servers, and the duration Your Content is stored on our servers, and may charge you fees for exceeding those limits.
20. Use of the Services
You must not:
(a) reverse engineer, de-compile, hack, disable, disrupt, interfere with, disassemble, copy, decrypt, reassemble, supplement, translate, adapt or enhance any of the Arch-Hive or the Services;
(b) create a link, name or label, or otherwise upload to or transmit from the Site or the Services any content, link or anything else that (if reproduced, published, transmitted or used) may:
(c) upload to or transmit from the Site or the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful component;
(d) use the Site or the Services to do or attempt to do any of the following without Arch-Hive’s prior written permission:
(e) improperly make complaints or false reports on the Site;
(f) artificially inflate or alter ratings, views or statistics on the Site;
(g) falsify any data or information available on the Site;
(h) delete or modify any copyright or other intellectual property notices on the Site;
(i) sell or transfer your the Site account, or allow any third party to access or use it;
(j) avoid, circumvent, or disable any access control technology, security device, procedure, protocol, or technological protection mechanism that may be included or established in or as part of any of the Site or the Services or any hardware/software used to provide the Site or the Services, or third party hardware/software or services;
(k) interfere with the Services or any third party’s use of the Site or the Services;
(l) resell any of Arch-Hive’s services or allow any third party to use or access the Site or the Services without Arch-Hive’s prior written consent; or
(m) authorize or encourage any third party to do any of the above
In addition to any other available remedies, upon breach of any of your obligations under this Agreement Arch-Hive may suspend or terminate the Services and your Site account.
22. Terms of Other Services
If you use any other service or software provided by or through Arch-Hive or the Services, you must comply with all terms and conditions that are imposed upon your use of that service or software.
Some of the Services may contain advertisements and promotions which may be targeted to you based on your use of the Site and the Services. The format, type and content of the advertising and promotions may change from time to time. You must exercise caution when purchasing goods or services from any third party advertiser or brand that may be promoted on or linked to the Site.
24. Member Responsibilities
You are solely responsible for obtaining all computer equipment and connections required to access and use the Services. Arch-Hive will not be responsible for the workings or failures of your computer equipment, network, software or Internet access.
Your use of the Site and the Services might be interrupted and will not be free of errors. Some of the content on the Site might be translated, and those translations may not be accurate or appropriate. The Services may be unavailable from time-to-time due to routine maintenance, upgrades, hardware/software malfunctions, repairs, power outages, hackers, denial of service attacks and unforeseeably large service demands.
From time to time, Arch-Hive may add new features to the Site and the Services, remove existing features from the Site and the Services, or otherwise modify the Site and the Services (including their functionality, “look-and-feel”, universal resource locators and software components).
27. Inactive and Abandoned Accounts
If you do not log into your account for any period of at least 365 consecutive calendar days, your account may be deemed “Inactive”. We may, in our sole discretion, suspend or terminate your account and membership if it becomes inactive.
Without prejudice to any of our rights at law or equity, Arch-Hive may terminate your access to the Site and the Services with no prior notice if you fail to make a payment to Arch-Hive as and when required, or if you fail to comply with any obligation in this Agreement, or if any of your representations or warranties is or becomes untrue. Arch-Hive may also terminate or suspend any or all of the Services at any time without prior notice.
29. Termination by you
You may terminate your Site account at any time. Termination of your account is your only remedy with respect to any dispute with the Site, including disputes relating to
(a) this agreement or our enforcement of it;
(b) the Site
(c) the amount, type or payment of fees in connection with the Site or the Services.
30. Effect of Termination
Upon termination of your account or this agreement:
(a) you will immediately cease all use of the Site,
(b) you will have no further access to your account or anything associated with it;
(c) you will not receive any refunds for fees you paid under this Agreement;
(d) any unused or remaining time, credits, points or in your account at the date of termination will be permanently forfeited and revoked from you, and you will not receive any refund or credit for any of them;
(e) you will immediately pay Arch-Hive all amounts owing under this Agreement;
(f) Arch-Hive may (but is not required to) delete some or all of Your Content from the Site and from your account within 60 days after termination;
(g) the Licence will continue in full force and effect for all of Your Content, including content the Site deletes; and
We may provide contests on the Site. If we do, they will be governed by rules we impose upon contestants. If you participate in a contest, you must comply with the rules of that contest. If there is a conflict between this agreement and the rules of a contest, the rules of the contest will govern with respect to that contest.
32. Links from the Site
The sites that are linked from the Site are not under our control, and we do not assume any responsibility or liability for any communications or materials available at those linked sites, or personal information collected about you from those sites. You may be charged fees to access or use the linked sites; these fees are not covered by any fees you pay to Arch-Hive. All links are provided for your convenience only; they are not an endorsement or referral by us.
33. Links to the Site
You must not Link href the Site or any content on the Site except as explicitly permitted by this section or our policies. Your permission to Link href the Site is expressly conditioned upon your compliance with the following restrictions:
(a) the link must comply with the Site’s other policies regarding content;
(b) the link and surrounding materials must not deliver any the Site content in a framed environment, or alter the layout, content, look, or feel of the Site content;
(c) the link and surrounding materials must not imply affiliation or falsely represent any relationship between the linking site and the Site; and
(d) the link and surrounding materials must not portray the Site or its services in a false, misleading, derogatory, defamatory or otherwise offensive manner.
THE SITE AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. ARCH-HIVE DISCLAIMS ALL TERMS, CONDITIONS, GUARANTEES, REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED, STATUTORY AND OTHERWISE), IN RESPECT OF THE SITE, INCLUDING THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
35. Limitation of Liability
YOU USE THE SITE AND THE SERVICES AT YOUR OWN RISK. ARCH-HIVE WILL NOT BE LIABLE FOR ANY LOSS IN CONNECTION TO THE USE OF, OR INABILITY TO USE, THE SITE, AND THE SERVICES, INCLUDING ANY LOSS TO YOUR CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING THE PREVIOUS SENTENCE, ARCH-HIVE WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOST PROFITS WHATSOEVER IN CONNECTION WITH THE SITE, OR THE SERVICES.
36. Maximum Liability
IF, DESPITE THE ABOVE LIMITATIONS, ARCH HIVE BECOMES LIABLE TO YOU IN RESPECT OF THE SITE, THE ARCH HIVE CONTENT, THE ARCH HIVE TOOLS OR THE SERVICES, OR A COMBINATION OF THE FOREGOING, THAT LIABILITY WILL BE LIMITED TO USD $500.
YOU WILL INDEMNIFY ARCH HIVE AND ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, LICENSORS AND LICENSEES (COLLECTIVELY, THE “INDEMNITEES”) AND HOLD THE INDEMNITIES HARMLESS FROM AND AGAINST ALL DAMAGES, INJURIES, LIABILITIES, COSTS, EXPENSES AND LEGAL FEES THAT ANY OF THEM MAY INCUR IN CONNECTION WITH:
(A) YOUR CONTENT, INCLUDING CLAIMS THAT YOUR CONTENT OR THE EXPLOITATION OF IT AS PERMITTED BY THIS AGREEMENT INFRINGES OR VIOLATES THE RIGHTS OF ANY THIRD PARTY;
(B) YOUR USE OF THE SITE, THE ARCH HIVE CONTENT, THE ARCH HIVE TOOLS OR THE SERVICES; OR
(C) THE UNTRUTHFULNESS OR INACCURACY OF ANY OF YOUR REPRESENTATIONS OR WARRANTIES TO US; OR
(D) YOUR BREACH OF ANY OBLIGATION, REPRESENTATION OR WARRANTY IN THIS AGREEMENT.
38. Modifications to this Agreement
From time to time in our sole discretion Arch Hive may modify the terms of this Agreement by posting the modifications on the Site. You will be bound by the modified terms after the modified terms have been emailed to you or have been posted on the Site for 30 days.
39. Governing law
Any dispute or claim by you arising out of or related to this Agreement will be governed by British Columbia law, exclusive of its choice of law rules. You and Arch Hive agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts (without affecting either party’s rights to remove a case to federal court if permissible), as well as any right to a jury trial. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this Agreement. This paragraph will be interpreted as broadly as applicable law permits.
40. Disputes with other users
You are solely responsible for resolving any disputes you may have with other Site users. Arch Hive may, but is not obligated to, assist you with this. Arch Hive will have no liability whatsoever to you in connection with any such dispute, regardless of whether or not Arch Hive assists you with that dispute.
No delay or failure to act by Arch Hive regarding any default will impair any of our rights or remedies that are not expressly waived in writing. This Agreement supersedes all prior agreements of the parties regarding the Site and the Services, and constitutes the whole agreement with respect to the Site and the Services. You must not assign or sublicense this Agreement or any of your rights under this Agreement without our prior written consent, which may be withheld without cause. Arch Hive may assign or sublicense this Agreement and any or all of our rights and obligations under it in our sole discretion. This Agreement will enure to the benefit of and be binding upon the parties and their lawful successors and permitted assigns. Arch Hive will not be liable for any delay or damage caused as a result of any event beyond its reasonable control; any delay caused by any such event will not be deemed to be a breach of or failure to perform this Agreement.
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