These Terms and Conditions of Use (the “Terms of Use”) apply to the Spoka web site (the “Site”).

BY USING THE SITE, ANY VISITOR (“HEREINAFTER REFERRED AS “YOU”) AKNOWLEDGES AND AGREES TO BE SUBJECT TO SPOKA ONLINE STANDARD TERMS AND CONDITIONS (STC), SPECIFIC SERVICES TERMS OF USE (STU) AND SPOKA PRIVACY POLICY. BY CONTINUING TO ACCESS THE SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE AND AGREE TO BE BOUND THEREBY. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SITE.

SPOKA SERVICES ARE BUSINESS TO BUSINESS (B2B) SERVICES ONLY AND ARE NOT INTENTED FOR CONSUMERS USE.

Spoka reserves the right to change, modify, add or remove portions of these Terms of Use, at any time. Such changes, modifications, additions, or deletions will be immediately effective. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

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.

CONTENT

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.

The right to use the Site is personal to you and is not transferable to any other person or entity. You are responsible for all use of the account set up by you and for ensuring that all use of the account complies fully with the provisions of these Terms of Use. Services available through the Site have their own terms and conditions that apply to your use of that Services. To view Services terms and conditions, click here. These Terms of Use do not in any way alter the terms and conditions that apply to your use of that Services. To the extent that there is a conflict between the Terms of Use and any terms and conditions that apply to your use of that Services, those other terms and conditions will govern.

PRIVACY

Spoka Privacy Policy applies to the use of this Site. To view Spoka Privacy Policy, click here.

YOUR ACCOUNT

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.

DISCLAIMER

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.