Effective Date: June 24th, 2019
SPOKA SERVICES ARE BUSINESS TO BUSINESS (B2B) SERVICES ONLY AND ARE NOT INTENTED FOR CONSUMERS USE.
TERMS AND DEFINITIONS
“Arkadin” means Arkadin Ltd and its Subsidiaries.
“Intellectual Property” means all intellectual property rights of any kind whatsoever and however embodied which may subsist or be capable of protection in the world, including, a person’s name, likeness, voice, photograph or signature, including without limitation rights of personality, privacy, and publicity, copyrights, know-how rights, trade secrets rights, graphics rights, logos rights, patent and trade names and trademarks, as well as software, data base and domain names, whether or not registered or registrable, updates, upgrades, improvements, enhancements, modifications, configurations, extensions, and derivative works of any of the foregoing and the right to apply for the registration of such rights, and whether existing in Europe or otherwise.
"Services” means any services or service components as may be offered by Arkadin via the Site from time to time.
“Software” means any software provided or made available by Arkadin as part of the Services. The Software is provided in object code only.
“Subsidiaries” means, now or in the future, any other entity that (i) directly controls; (ii) is under common control with; or (iii) is controlled by Arkadin Ltd. An entity shall be considered as controlling another entity if it owns, or controls, at least fifty (50) percent of the voting stock or other ownership interest of the other entity.
All text, graphics, user interfaces, visual interfaces, photographs, logos, page headers, button icons, scripts, images, digital downloads, data compilations and Software, contained on the Site is owned, controlled, or licensed by or to Arkadin and its partners, and is protected by copyright, patent and trademark laws and various other Intellectual Property rights and unfair competition laws.
Using the Site does not give you ownership of any Intellectual Property rights to the content you access. No part of the Site and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, translated, transmitted or distributed in any way to another computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Arkadin’s express written consent.
LINKS TO THIRD PARTY WEBSITES
The Site may contain third party hyperlink. These hyperlinks are provided solely for your convenience and information. Arkadin does not control, assume any responsibility or give any guarantee about the content and the website of the third-party.
USE OF THE SITE
Please do not use the Site in a way that violates any law, infringes on anyone’s rights, is offensive, or interferes with the Site or any features on the Site. If Arkadin determines that you have acted inappropriately, Arkadin reserves the right to take down content, terminate your account, prohibit you from using the Site, and take appropriate legal actions.
Arkadin grants you a non-exclusive and limited right to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it. This right does not include (i) any resale or commercial use of this Site or its contents; (ii) any derivative use of this Site or its contents; (iii) any downloading or copying of account information for the benefit of any person other than you; (iv) or any use of data mining, robots or similar data gathering and extraction tools, which are expressly forbidden for any purpose whatsoever. Any unauthorized use terminates the right granted by Arkadin.
On the Site, you can also initiate a chat conversation to get more information about Spoka Services and solicitate assistance. Spoka chat agents provide you with accurate and current information pertaining to your query or need. All information communicated by Arkadin shall not be considered as legal agreement, representation, or warranty as to Arkadin’s products, services, and processes. Moreover, you will not use the chat to send abusive, defamatory, dishonest, or obscene messages. In doing so, Arkadin reserves the right to take appropriate legal actions.
When using the chat, the conversation is systematically recorded in order to improve the service provided and ensure customer care. In order to object to such recording, please submit your request to the Spoka support agent. You can also attach files in your chat conversation which will be stored alongside your chat conversations. You are solely responsible for the use and content of the files provided in the chat.
These chat conversations will be archived for a duration of nine (9) months from your last visit on the Site, unless the chat is part of a customer support or service request. For the latter, the chat’s content is assigned to your customer account and will be saved, for the duration of the performance of the contract, for the purpose of filling the contractual obligations.
You should have a Spoka account to use Spoka Services, and you will be required to be logged into your account and have a valid payment method associated with it.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.
YOUR USE OF AND ACCESS TO THE SITE IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. ARKADIN DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECT WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. ARKADIN DOES NOT MAKE ANY COMMITMENT ABOUT THE CONTENT WITHIN THE SITE, OR ITS RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR EXPECTATIONS AND REQUIREMENTS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL ARKADIN, ITS OFFICER, DIRECTORS, EMPLOYEES, PARTNERS BE LIABLE TO YOU ON YOUR USE OR MISUSE OF THE SITE OR CONTENT PROVIDED IN CONNECTION THEREWITH. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE (EVEN IF ARKADIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE OR FROM THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SITE, INCLUDING DAMAGES THAT MIGHT BE INCURRED BY THIRD PARTIES.
ENFORCEABILITY AND ADMISSIBILITY
This electronic document and any other electronic documents, policies, and guidelines incorporated herein will be (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; (ii) legally enforceable as a accepted writing as against the parties and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
GOVERNING LAW & DISPUTE RESOLUTION
Any dispute or claim arising out of or in connection with the Site shall be construed according to the laws of England and Wales. For the purpose of all proceedings, arising out of or in connection with the Site, you consent to the exclusive jurisdiction of the courts of England and Wales, seating in London.