ARoglyph® Terms of Service
ATTENTION: THIS IS A LEGALLY-BINDING CONTRACT. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING SERVICES PROVIDED BY AROGLYPH THROUGH THIS WEBSITE AND THE AROGLYPH APP. THIS AGREEMENT GOVERNS YOUR RELATIONSHIP WITH AROGLYPH AND USE OF THE SERVICES PROVIDED THROUGH THE WEBSITE AND THE AROGLYPH APP. AROGLYPH HEREBY REQUESTS THAT YOU ACCEPT THESE TERMS OF SERVICE. YOU MAY USE THE SERVICES PROVIDED THROUGH THE WEBSITE AND THE AROGLYPH APP ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. USING THE SERVICES PROVIDED THROUGH THE WEBSITE AND THE AROGLYPH APP INDICATES THAT YOU ACCEPT THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, DO NOT USE THE WEBSITE, SERVICES.
Acceptance of Terms of Service
These Terms of Service (the “Agreement” or “Terms of Service“) is a legally-binding agreement between you, either an individual or an entity (“you” or “user“), and ARoglyph Inc and its affiliates (“ARoglyph“) regarding use of www.ARoglyph.com (the “Website“), ARoglyph mobile application (“ARoglyph App“), and the Services, as defined below. ARoglyph makes the Website, ARoglyph App, and Services, including all content, information, graphics, documents, text, products, and all other elements and products offered through the Website, ARoglyph App, and Services (collectively, the “Content“) available for your use subject to the terms and conditions set forth in this document. By accessing and using the Website, ARoglyph App, and Services you agree to be bound by and to accept these Terms of Service and all terms and conditions contained and/or referenced herein as well as any additional terms and conditions set forth on the Website.
If you do NOT agree to all the terms and conditions in these Terms of Service, you should NOT use the Website, ARoglyph App, or Services. If you do NOT agree to any additional specific terms which apply to particular Content or to a particular transaction concluded through the Website, ARoglyph App, or Services, then you should NOT use the part of the Website, ARoglyph App, or Services which contains such Content or through which such transactions are concluded. Also, when you use any current or future ARoglyph service or visit the Website or obtain any products or services, whether free of charge or for payment, provided by ARoglyph, you will be subject to the guidelines and conditions applicable to such products or services.
These Terms of Service may be amended by ARoglyph at any time upon notice provided by any of the following means: through a posting on the main page of the Website, at or after you login into your User Account (as defined below), or by e-mail to the address you provided when you set up your User Account. Your failure to provide or maintain accurate or current contact information in your User Account will not obviate your responsibility to comply with these Terms of Service as amended from time to time.
Please check these Terms of Service regularly to ensure that you are aware of all terms governing your use of the Website and Services. Specific terms and conditions may apply to non-user generated Content. Such specific terms may be in addition to these Terms of Service or, where inconsistent with these Terms of Service such specific terms will supersede these Terms of Service only to the extent that the content or intent of such specific terms is inconsistent with these Terms of Service.
ARoglyph reserves the right to make changes or updates with respect the Content or the format thereof at any time without notice. ARoglyph also reserves the right to terminate or restrict your access to the Website and Services or any portion thereof for any reason whatsoever at its sole discretion.
Description of Services
With ARoglyph App and Services you can place notes, voice comments or pictures to locations on the map. Placed marks can be seen by any or only chosen people, as you wish. People can interact with marks and mark authors by reading, viewing, listening to them, commenting the marks, voting for or against marks and comments and by sharing marks.
You agree to use the Website, ARoglyph App, and Services only for purposes permitted by these Terms of Service as well as any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. AROGLYPH IS NOT RESPONSIBLE FOR ANY VIOLATION OF APPLICABLE LAWS, RULES, OR REGULATIONS COMMITTED BY YOU OR A THIRD PARTY AT YOUR BEHEST. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR USE OF THE WEBSITE, AROGLYPH APP, AND SERVICES DOES NOT CONTRAVENE APPLICABLE LAWS, RULES, OR REGULATIONS. Specifically, you agree and warrant that in using the Website and Services, your actions do not contravene the laws, rules, or regulations of (1) the country, state, or locality where you reside, or (2) the country, state, or locality where ARoglyph is located or operates. This includes complying with applicable export and import restrictions as well as other restrictions.
Use of the Website, ARoglyph App, and Services
You agree not to access (or attempt to access) the ARoglyph App or Services by any means other than those provided by ARoglyph or its authorized partners. You agree not to access (or attempt to access) the ARoglyph App or Services by way of automated means and that you will not engage in any activity that interferes with or disrupts the Website, ARoglyph App, or Services (or the servers and networks which are connected to the Website, ARoglyph App, or Services).
Further, you agree:
- not to disrupt or interfere with any other user’s enjoyment of the Website, ARoglyph App, or Services or affiliated or linked sites;
- not to upload, post, or otherwise transmit through the Website, ARoglyph App, or Services any viruses or other harmful, disruptive, or destructive files;
- not to use or attempt to use another user’s User Account, password, or system;
- not to access or attempt to access any Content or User Content (as defined below), which you are not authorized to access under the terms herein;
- not to disrupt or interfere with the security of, or otherwise cause harm to the Website, ARoglyph App, Services, Content, User Content, system resources, accounts, passwords, servers, or networks connected to or accessible through the Website, ARoglyph App, or Services or any affiliated or linked sites.
- not to post or transmit, intentionally or unintentionally, via the Website, ARoglyph App, or Services any information that violates any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
- not to post or transmit any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive, including, without limitation, symbols of Communism or Nazism such as a pentagram (“star”), swastika or any other insignia associated with Communist or Nazi party or any other promotion of Communist or Nazi ideology.
Interaction with Other Users
Users may have the ability to communicate with each other through the Website, ARoglyph App, and Services. You are solely responsible for your interactions with other users. You understand that ARoglyph does not inquire into the backgrounds of its users or attempt to verify its users’ statements. ARoglyph makes no representations or warranties as to the conduct of its users. However, users must act in accordance with the guidelines set forth in these Terms of Service.
You may sign up for a personalized account (“User Account“) with ARoglyph in order to access the full range of features offered by the Website, ARoglyph App, and Services. In creating your User Account, you agree to submit accurate, current and complete information about yourself and keep this information updated. ARoglyph reserves the right to suspend or terminate User Accounts which it suspects are used in contradiction to these Terms of Service and/or contain information that is untrue, inaccurate, not current or incomplete.
When you create your User Account, you will choose a personal, non-transferable password. User Accounts may not be “shared” or used by more than one individual. After you accept these Terms of Service and your User Account registration has been accepted by ARoglyph, your User Account will be established. You are solely responsible for any and all activities that occur under your User Account, whether or not such use was authorized by you.
You may also access the Website, ARoglyph App, and Service by logging in using an authorized third party social network account, such as a Facebook or Twitter account. By doing so, you authorize ARoglyph to collect your personal profile and activity information from that third party social network.
Please note that if you opt to use your social network account to login to our Website and/or ARoglyph App and use our Services or interact with other user of the Website, ARoglyph is able to access all of your data in connection with your social network account, including, without limitation your friends list, pictures you posted or those posted of you, businesses and stories you up-voted, places you visited, etc.
This information you provide is used for such purposes as allowing you to set up a User Account and profile that can be used to interact with other users through the Service, improving the content of the Service, customizing the advertising and content you see, and communicating with you about specials and new features. It is completely optional for you to engage in these activities and/or make any purchases from ARoglyph.
User Account holders may upload pictures, data, information, and other material to be posted on and accessed through the Website, ARoglyph App, and Services (“User Content“). Certain information may be available to all users including users without User Accounts, such as information in your publicly-accessible account profile or publicly-viewable photographs you post (“Public Information“). Other information is only intended for particular users, such as personal communications between users (“Private Information“). You may also be given the option to share certain User Content to authorized third party social networks, such as a Facebook or Twitter, through your personal account in that third party social network. If you choose to share User Content through your third party social network account, you authorize ARoglyph to collect your personal profile and activity information from that third party social network as we set out above.
Subject to these Terms of Service, your User Content may be used in any manner that has been authorized by you. You acknowledge and agree that ARoglyph has no liability of any kind should users or third parties access your User Content, regardless of whether such User Content includes Private Information or Public Information. Furthermore, you acknowledge and agree that User Content you submit, post, or display will viewable by other users of the Website, ARoglyph App, and Services and, potentially, through third party services and websites.
ARoglyph does not control, is not responsible for, and makes no representations or warranties with respect to any User Content. You are solely responsible for your access to, use of and/or reliance on any User Content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research, and due diligence with respect to any User Content. It your responsibility to investigate the licensing of any User Content prior to using such User Content in any way and to ensure that your use of any such User Content complies with all applicable laws, licensing requirements and does not infringe third parties’ proprietary rights. You are also responsible for any content that you post or transmit as well as all content posted or transmitted through or by use of your User Account.
Although you retain your rights to User Content you submit, post or display on or through the Website and Services, by submitting, posting or displaying User Content on or through the Website or Services you grant ARoglyph a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute the User Content in any and all media or distribution methods. This license allows ARoglyph to make User Content available to third parties for publication, broadcast, or distribution, at no compensation to you. Furthermore, ARoglyph may modify or adapt your content as are necessary at ARoglyph’s sole discretion.
Content prohibited from the Website, ARoglyph App, and Services include, but is not limited to: (1) illegal content; (2) content relating to the creation, advertising, distribution, or receipt of illegal goods or services; (3) offensive content (including, without limitation, defamatory, threatening, or pornographic content); (4) content that discloses another person’s personal, confidential, or proprietary information; (5) fraudulent content; (6) malicious content such as malware or spyware; and (7) content that offers, promotes, advertises or provides links to unsolicited products or services.
ARoglyph Sponsored Content
From time to time ARoglyph may enter into partnerships with third party service providers who may use User Content in connection with commercial, sponsored, or related content, within the Website, ARoglyph App, or Services (such use referred to as “Sponsored Content“). If your User Content (including your name, username, profile picture, content, photograph, or other likeness) is used on the Website or the ARoglyph App for purposes of Sponsored Content, ARoglyph will notify you of this use and provide you the option to “opt-out” of having your User Content used in this way. Also, you may choose to prevent all future use of your User Content for purposes of Sponsored Content within the Website or ARoglyph App. If you are under the age of eighteen (18) or under any other legal age of majority, you represent that at least one of your parents or legal guardians has also agreed to the terms of this section (and the use of your name, username, profile picture, content, photograph, or other likeness) on your behalf. Parents or legal guardians of minor children whose User Content appears in ARoglyph’s Sponsored Content may choose to “opt-out” and prevent all future use of a minor’s User Content in this way. If you are unsure whether your User Content has been used as part of ARoglyph’s Sponsored Content and would like to find out, please contact us at https://help.aroglyph.com/ . ARoglyph will need to verify your identify before responding to any requests so please be prepared to provide certain information such as your username, password, or other information as requested by ARoglyph.
Guidelines for Communicating with Users
ARoglyph reserves the right to modify and/or delete any message submitted by users, at its sole discretion, at any time and for any reason, including, but not limited to material which in ARoglyph’s opinion:
- may constitute libel, defamation, invasion of privacy, or is obscene, pornographic, abusive, or threatening;
- may infringe any intellectual property or other right of any entity or person;
- may violate any applicable law or advocates illegal activity;
- advertises or otherwise solicits funds or is a solicitation for goods, services, advertisers or sponsors or otherwise engages in commercial activity;
- disrupts the normal flow of dialogue or otherwise acts in a way which affects the ability of other people to engage in real time activities via Website, ARoglyph App, and Services;
- includes programs which may contain viruses, worms, trojan horses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication;
- violates any policy or regulation established from time to time regarding use of this Website, ARoglyph App, and Services or any networks connected to this Website, ARoglyph App, and Services; or
- contains links to other sites that contain the kind of content which falls within the descriptions set out above.
ARoglyph provides technical support for users. In order to receive technical support from ARoglyph, the user seeking such support must request such support by contacting ARoglyph at https://help.aroglyph.com/ . The user should describe the nature of the problem to be resolved as well as provide information about the user (name, address, etc). ARoglyph will make reasonable efforts to respond to such requests in a timely manner. The user shall cooperate with ARoglyph when seeking technical support services by providing information necessary to assist ARoglyph or requested by ARoglyph while diagnosing or resolving the issue. Although ARoglyph cannot guarantee that a technical support issue will be resolved, ARoglyph will make reasonable efforts to perform technical support services in a professional manner.
Information and Materials Provided By You
Term and Termination
The term of these Terms of Service (“Term“) shall begin when you start using the Website, ARoglyph App, or Services and shall continue in perpetuity unless otherwise terminated by ARoglyph or you by written notice. ARoglyph reserves the right to change, suspend or discontinue the Services or any portion thereof, at any time. Without prejudice to any other rights, these Terms of Service will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of these Terms of Service, you must immediately cease using this Website and the Services including without limitation any use of ARoglyph’s trademarks, trade names, copyrights and other intellectual property.
UPON TERMINATION OF THIS AGREEMENT YOU WILL NO LONGER BE AUTHORIZED TO USE THE AROGLYPH APPLICATION, WEBSITE, OR SERVICES IN ANY WAY.
Links to Other Sites and Third Party Materials
The Website, ARoglyph App, and Services may include links to other websites and/or third party products and that are not under ARoglyph’s control (collectively, “Third Party Materials“). ARoglyph shall not be responsible in any way for such Third Party Materials. ARoglyph provides such links only for the convenience of the users of the Website and Services, and the inclusion of any link to any Third Party Materials does not imply endorsement by ARoglyph of the content, products and/ or services of such Third Party Materials. Notwithstanding any provision to the contrary herein, nothing in these Terms of Service shall be construed as to grant you any rights or licenses with regard to such Third Party Materials or to entitle you to use such Third Party Materials.
Copyright, trademark and all other proprietary rights in the Website, ARoglyph App, Services, and Content (including but not limited to software, services, audio, video, text and photographs, but excluding User Content) rest with ARoglyph and/or its licensors. Unless otherwise specifically provided herein or authorized by ARoglyph in writing, all rights in the Website, ARoglyph App, Services, and Content not expressly granted herein are reserved. You agree not to copy, republish, frame, make available for download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Content, Website, ARoglyph App, or Services, other than in conjunction with the Services offered by ARoglyph through the Websites and ARoglyph App.
ARoglyph hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties referenced herein, including without limitation Third Party Material or otherwise provided on this Website, ARoglyph App and Services are the properties of their respective owners. ARoglyph disclaims any proprietary interests in the intellectual property rights other than their own.
Warranties and Disclaimers
ALL CONTENT AND/OR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” AROGLYPH HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEBSITE, AROGLYPH APP, SERVICES OR THE CONTENT. AROGLYPH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THE AROGLYPH APPLICATION, WEBSITE, SERVICES, OR CONTENT. YOU ACKNOWLEDGE THAT ANY INFORMATION SENT MAY BE INTERCEPTED IN TRANSMISSION OR OTHERWISE. AROGLYPH DOES NOT WARRANT THAT THE AROGLYPH APPLICATION, WEBSITE, SERVICES, CONTENT, OR THE SERVERS WHICH MAKE THIS WEBSITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY AROGLYPH ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. Except as agreed by ARoglyph in writing, contractors, agents, dealers or distributors of ARoglyph or any other third party shall not have a right to modify this limited warranty, nor to make any additional warranties.
THE USE OF THE WEBSITE, AROGLYPH APP, OR SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY PRODUCTS THROUGH THE WEBSITE OR AROGLYPH APP IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. AROGLYPH ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE WEBSITE OR AROGLYPH APP OR IN CONNECTION WITH ANY SERVICES OR PRODUCTS OFFERED THROUGH THE WEBSITE OR AROGLYPH APP. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AROGLYPH OR FROM THE WEBSITE OR AROGLYPH APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
The Website, ARoglyph App, and Services may contain references to specific ARoglyph products and services that may not be available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country.
You understand and agree that by using the Website, ARoglyph App, and Services, you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Website, ARoglyph App, and Services at your own risk.
IN NO EVENT SHALL AROGLYPH OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THE WEBSITE, AROGLYPH APP, OR SERVICES OR THE CONTENT, PRODUCTS, SERVICES, STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE WEBSITE, AROGLYPH APP, OR SERVICES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE CONTENT, ANY SERVICES AVAILABLE THROUGH THE WEBSITE OR AROGLYPH APP THAT ARE DELAYED OR INTERRUPTED, EVEN IF AROGLYPH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST AROGLYPH PERTAINING TO OR IN CONNECTION WITH THE WEBSITE, APPLICATION, AND SERVICES MUST BE COMMENCED AND NOTIFIED TO AROGLYPH IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.
Some jurisdictions do not allow the exclusion of implied warranties or limitations, so the above limitations may not apply to you.
YOU HEREBY WARRANT THAT: (i) ALL INFORMATION PROVIDED BY YOU TO AROGLYPH IN CONNECTION WITH THE WEBSITE, AROGLYPH APP, AND SERVICES IS TRUE, ACCURATE, CORRECT, AND UP TO DATE; (ii) YOU HAVE FULL POWER AND AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE; (iii) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH AROGLYPH; (iv) YOU WILL SEEK ALL NECESSARY GOVERNMENTAL APPROVALS REQUIRED TO EFFECTUATE THESE TERMS OF SERVICE; (v) YOU SHALL PERFORM ALL OF YOUR OBLIGATIONS UNDER THESE TERMS OF SERVICE IN ACCORDANCE WITH APPLICABLE LAWS, RULES, AND REGULATIONS; AND (vi) YOUR EDITORIAL, TEXT, GRAPHIC, AUDIOVISUAL, AND OTHER CONTENT THAT IS AVAILABLE TO USERS OF THIS WEBSITE AND AROGLYPH APP AND THAT IS NOT PROVIDED BY AROGLYPH DO NOT (1) INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, (2) CONSTITUTE DEFAMATION, LIBEL OR OBSCENITY, (3) RESULT IN ANY CONSUMER FRAUD, PRODUCT LIABILITY, BREACH OF CONTRACT TO WHICH YOU ARE A PARTY OR CAUSE INJURY TO ANY THIRD PARTY, (4) PROMOTE VIOLENCE OR CONTAIN HATE SPEECH, (5) VIOLATE ANY APPLICABLE LAW, STATUTE, ORDINANCE, OR REGULATIONS, OR (6) CONTAIN ADULT CONTENT OR PROMOTE ILLEGAL ACTIVITIES.
Any and all items sent, received, downloaded, or purchased from the Website, ARoglyph App and Services may be subject to United States export controls. Thus, no product may be exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods, and also to Russian Federation; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Website, ARoglyph App and Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Notice and Procedure for Making Claims of Copyright Infringement
It is ARoglyph policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act). If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ARoglyph Copyright Agent with the written information specified below. (Please note that this procedure is exclusively for notifying ARoglyph and its affiliates that your copyrighted material has been infringed.)
- An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located in the Website, ARoglyph App or Services;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
ARoglyph’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:
Name: ARoglyph Inc. (attn. Eugene Mayevski)
Address: 901 N. Pitt St Suite 320, Alexandria, VA 22314, USA
Unlawful or Prohibited Use
You may not use the Website, ARoglyph App, or Services for any purpose that is unlawful, prohibited by these Terms of Service, or in any way interferes or attempts to interfere with the proper working of the Website, ARoglyph App, or Services. You may not use the Website, ARoglyph App, or Services in any manner that could damage, disable, overburden, or impair the Website, ARoglyph App, or Services, or that interferes with any third party’s use and enjoyment of the Website, ARoglyph App, or Services. You agree that you will not use any third-party software that intercepts, “mines,” or otherwise collects information from or through the Website, ARoglyph App, or Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by ARoglyph to all users of the Website, ARoglyph App, or Services. You shall not institute, assist, or become involved in an attack upon any ARoglyph server or otherwise attempt to disrupt the ARoglyph servers. ANY ATTEMPT BY YOU TO DAMAGE AROGLYPH’S SERVERS OR UNDERMINE THE LEGITIMATE OPERATION OF AROGLYPH IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE OR ASSISTANCE FOR SUCH AN ATTACK BE PROVIDED, AROGLYPH RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW.
You hereby agree to indemnify and hold harmless ARoglyph, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of your breach of these Terms of Service.
Linking to this Website
Linking to this Website is permitted provided that you comply with the following rules. You may link to the home page of this Website or to any other page of this Website. However, you are not allowed to use in-line linking (or hot-linking) or framing. You must not imply that ARoglyph endorses or sponsors the linker or its website, products or services. You must not use ARoglyph’s intellectual property including but not limited to trademarks, trade names, copyrights without advance written permission from ARoglyph. Furthermore, you agree to remove the link at any time upon ARoglyph’s request.
Ending Your Relationship with ARoglyph
These Terms of Service will continue to apply until terminated by either you or ARoglyph as set out above. If you want to terminate this legal agreement with ARoglyph (i.e. these Terms of Service), you may do so by notifying ARoglyph at any time in writing at https://help.aroglyph.com/ . ARoglyph reserves the right to terminate these Terms of Service with you at its own discretion at any time, upon notice, and without any liability to ARoglyph whatsoever.
You are solely responsible for cancelling your User Account, which you may do by contacting ARoglyph at https://help.aroglyph.com/ .
ARoglyph may assign or delegate these Terms of Service, in whole or in part, to any person or entity at any time with or without your consent. You, however, may not assign or delegate any rights or obligations under these Terms of Service without ARoglyph’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.
If the Website, ARoglyph App, and Services are not available for any period or any time, ARoglyph shall not be liable. ARoglyph gives no warranties as to the accessibility, performance, or availability of the Website, ARoglyph App, or Services. Temporary suspension of access to the Website, ARoglyph App, and Services may occur without notice at our discretion including without limitation in the case of repair, maintenance, system failure, or for reasons beyond our control. ARoglyph reserves the right to suspend the operation of the Website, ARoglyph App, or Services. You agree that neither ARoglyph nor its third party providers will be liable to you in any way for the termination, suspension, interruption, delay of any of the services and products of this Website, ARoglyph App, or Services.
ARoglyph will not be liable for any nonperformance, delay, error, data loss or other loss caused by any events or conditions that are beyond the reasonable control of ARoglyph.
Agreement to Deal Electronically
All transactions with or through the Website, ARoglyph App, or Services may, at ARoglyph’s option, be conducted and executed electronically. We may keep records of any type of communication conducted via the Website, ARoglyph App, or Services. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient’s control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.
You acknowledge and agree that any violation or breach of these Terms of Service may cause ARoglyph immediate and irreparable harm and damages. As a result, ARoglyph has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of these Terms of Service. In addition to any and all other remedies available to ARoglyph in law or in equity, ARoglyph may seek specific performance of any term in these Terms of Service.
These Terms of Service will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of these Terms of Service are held to be invalid or unenforceable under applicable law to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (b) such invalidity or unenforceability will not affect any other provision of this Agreement.
These Terms of Service shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Virginia without reference to conflicts of law rules and principles. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
ARoglyph does not bear any responsibility nor assumes any risks if by any reason a product or a service made available on this Website, ARoglyph App or Services breaches national law of any country. Those who access the Website, ARoglyph App, or Services do so at their own initiative and are responsible for compliance with their national laws.
Copyright © 2014-2015 ARoglyph Inc. All rights reserved. The Website, ARoglyph App, and Services and accompanying products and documentation are the copyrighted property of ARoglyph and/or its licensors and protected by copyright laws and international intellectual property treaties. ARoglyph™ and related logo, and all related product and service names, design marks and slogans are the trademarks and/or registered trademarks of ARoglyph. All other product and service marks contained herein are the trademarks of their respective owners. Any use of the ARoglyph or third party trademarks or logos without the prior written consent of ARoglyph or the applicable trademark owner is strictly prohibited.
We will not sell or rent your personally identifiable information or a list of our users to third parties. However, as described in greater detail below, there are limited circumstances under which some of your information may be shared with third parties, under strict restrictions.
Our Service, ARoglyph App and Website, data centers, service providers and servers may be located in different countries. As such, our products and services may be subject to the laws of numerous countries and jurisdictions, some of which may require us to disclose certain information about our users. We are committed to keeping your information private, while still following all applicable laws.
We receive and store any information you enter when using our Service, ARoglyph App and Website or provide to us in any other way. We collect this information in order to make the Service, ARoglyph App and Website function correctly and provide you with our Service. We also use this information to better understand how you use our Service, ARoglyph App and Website and how we can better tune the Service, ARoglyph App and Website, their content and functionality to meet your needs.
Third Party Content Providers/ARoglyph App
Not all content of our Service, ARoglyph App and Website is owned and controlled by us. Our Service, ARoglyph App and Websites may contain links to content owned and/or operated by third parties. These third parties may drop cookies and/or use web beacons on your device, which may be used to identify your preferences or to recognize if you have previously had contact with these third parties. We do not control these content providers, their content, or their information and collection practices, and therefore are not responsible for their privacy policies or practices. Please direct all concerns regarding any third party website to that site’s administrator or webmaster.
We may use third party advertising companies to display advertisements when you use the Service, ARoglyph App and Website. These companies may use general information about your use of the Service, ARoglyph App and Website as well as other Service, ARoglyph App and Website to provide specialized advertisements tailored to you. If you would like more information about this practice, please direct such concerns to the advertising company’s administrator or webmaster.
Information We Collect
Most of the Services offered to users through the Website and/or ARoglyph App requires you to create a user account with ARoglyph (“User Account”). When registering for a User Account, ARoglyph will ask you to voluntarily supply ARoglyph with certain information about yourself, such as your first and last name and e-mail address. You may also register with ARoglyph through your account with certain third party social networking services, including Facebook, Twitter, Instagram, Google+, Microsoft Live ID etc. (collectively, “SNS”).
Please note that if you opt to use your SNS account to login to our Website and/or ARoglyph App and use our Services or interact with other user through the Website and/or ARoglyph App, ARoglyph is able to access all of your data in connection with your SNS account, including, without limitation your friends list, pictures you posted or those posted of you, businesses and stories you “liked,” places you visited, etc. Keep also in mind that if your settings so provide, when items are saved (“wished”) on the Website and/or ARoglyph App, such saved items can be cross-posted on your SNS’ pages.
This information that you provide is used for such purposes as allowing you to set up a user Account and profile that can be used to interact with other users through the Service, ARoglyph App and Website, improving the content of the Service, ARoglyph App and Website, customizing the advertising and content you see, and communicating with you about specials and new features. It is completely optional for you to engage in these activities and/or make any purchases from ARoglyph and therefore to provide us with your personal information.
You are never obligated to provide personal information to us. However, if you should choose to withhold certain requested information, we may not be able to provide you with some or all of our Service. The information we request from you may be identified as mandatory or voluntary. If you do not provide us with the mandatory data we request, you may be unable to engage certain activities, use some our Service, ARoglyph App and Website or make purchases.
When ordering products via Service, Website and/or ARoglyph App, you may be asked to provide a credit card number, account and/or billing information. This information is collected and processed by online payment service providers, which we use for payment processing. Understanding the sensitive nature of information, we use reputable online payment service providers.
You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of account registration. If your personal information changes, or if you no longer wish to use our Service, ARoglyph App and Website, you may correct, delete inaccuracies, or amend information by making the change on our member information page or by contacting us at: https://help.aroglyph.com/ . We will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable.
The information you submit to us may be transferred across national boundaries and may be stored and processed in any of the countries in which we (and our affiliates) maintain offices or web hosting servers. In certain countries, or with respect to certain activities, the collection, transferring, storage, and processing of your information may be undertaken by our trusted vendors. You hereby expressly agree and acknowledge that information, including your personal information, may be transferred and stored outside the borders of your country and/or location.
If you wish to deactivate your personal Account, you can contact us and our technical support Service, ARoglyph App and Website at: https://help.aroglyph.com/ . When you deactivate your personal account, all information stored and maintained as part of your account, including, without limitation, information obtained from your SNS will be deactivated (although some information may be retained for archival, analytics, backup and record purposes). You may change your personal information and privacy preferences at any time by logging into your personal account. You may also access and change your personal information and privacy preferences by contacting us and our technical support Service, ARoglyph App and Website at: https://help.aroglyph.com/
Information Relating to Children
Our Service, ARoglyph App and Website is not directed to children under 13 years of age. However, despite our intent, we recognize that children under the age of 13 may access our Service, ARoglyph App and Website and purchase products on our Website. Parents and Legal Guardians may request from us to review, delete, or stop the collection of their child’s personally identifiable information by contacting us and our technical support Service, ARoglyph App and Website at: https://help.aroglyph.com/ .
Securing the Transmission and Storage of Information
We are committed to protecting the security of your personal information. To protect that information, we use a variety of security technologies and procedures. Our data networks are protected by industry standard firewall and password protection systems and our security policies are periodically reviewed and enhanced as necessary. Furthermore, only authorized individuals have access to the information provided by our users. However, you should be aware that no data transmission over the Internet can be guaranteed secure. As a result, while we strive to protect your personal information, we cannot guarantee the security of any information you transmit to us and you use our content, products, and Service, ARoglyph App and Website at your own risk.
We treat the information you provide to us as confidential information. Your personally identifiable information is stored on a server with physical and electronic security features as customary in the industry, including login/password procedures and electronic firewalls designed to block unauthorized access. Because laws applicable to personal information vary by country, our offices or other business operations may put in place additional measures. All of our employees are aware of our privacy and security policies. Your information is only accessible to those employees who need it in order to perform their jobs.
If you use a password to protect your accounts and personal information, including those SNS accounts that you use for login or User Account setup, it is your responsibility to keep your password confidential. Do not share this information with anyone. Always install and use the latest versions of antivirus software. If you are sharing a computer, you should always log out before leaving any SNS or Service, ARoglyph App and Website to protect access to your information from subsequent users.
Sweepstakes, Contests, and Promotions
ARoglyph may offer sweepstakes, contests, and other promotions (any, a “Promotion”) through the Service, ARoglyph App and Website that may require registration. By participating in a Promotion, you are agreeing to official rules that govern that Promotion, which may contain specific requirements of you, including, allowing the sponsor of the Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, your personal information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as on a winners list.
B. USE AND DISCLOSURE OF INFORMATION
How Your Personal Information Is Used
We collect your information in order to record and support your participation in the activities you select. We may use your e-mail address to send a confirmation e-mail and, if necessary, may use other information you provide to us to contact you to assist us in processing purchases and Service, ARoglyph App and Website you select. If you use our Service, ARoglyph App and Website your information is made available to other registered users. Unless you opt-out, your personal information also may be used to keep you informed about our new products, product upgrades, patches, special offers, and other products and Service, ARoglyph App and Website of selected third parties, and may be also used for improving the content of the Service, ARoglyph App and Websites, customizing the advertising and content you see, and communicating with you about specials and new features. We may draw upon this personal information in order to adapt the Service, ARoglyph App and Website of our community to your needs, to research the effectiveness of our network and Service, ARoglyph App and Website, and to develop new tools for the community.
We may collect information about your use of the Service, ARoglyph App and Website, such as the types of ARoglyph Apps used. This information is collected in aggregate form, without identifying any user individually. We may use this aggregate, non-identifying statistical data for statistical analysis, marketing, or similar promotional purposes.
Although we will always strive to guard your identity, we may disclose your personally identifiable information without your permission in limited circumstances. We will only do so if we have a good-faith belief that disclosure is reasonably necessary to (1) comply with laws, regulations, or government requests or (2) to investigate or protect against harmful activities to our guests, visitors, associates, or property, or to others. If we are required by law enforcement or judicial authorities to provide your personally identifiable information, we will only do so upon receipt of appropriate documentation. We may also disclose your information to investigate violation of and enforce our Terms of Service and Website.
Choices Available to You
You can always choose whether or not to disclose personally identifiable information, but that choice may prevent you from using the Service, ARoglyph App and Website.
You can choose at anytime to opt out of receiving emails from ARoglyph or from having your personally identifiable information shared with selected third party providers. If you wish to opt out, you can do so by editing your account preferences with respect to e-mail or the sharing of information or contacting us and our technical support Service, ARoglyph App and Website at https://help.aroglyph.com/ . If you elect to “opt out” we will not share your personal information with third parties or send you emails. However, we may continue to use your personal information for internal purposes, such as to enhance your user experience or as necessary to administer the Service, ARoglyph App and Websites or comply with applicable laws and regulations.
We may send a one-time registration confirmation email and “Service and Website alert” messages to you to inform you of specific changes that may impact your ability to use a Service, ARoglyph App and Websites, regardless of email contact opt-in status. Also, we may contact you if compelled to do so as part of a legal proceeding or if there has been a violation of any applicable licensing, warranty and purchase agreements.
We retain these rights because in limited cases we may need to contact you as a matter of law or regarding matters important to you. These rights do not allow us to contact you to market a new or existing Service, ARoglyph App and Website if you have asked us not to do so, and issuance of these types of communications is rare.
If you create a personal Account with us, based on your personal preferences we may periodically contact you via e-mail to provide information about special offers and promotions that may be of interest to you. These communications will relate to select, reputable third parties with whom we have a strategic marketing relationship. We may use a third party e-mail service provider to send e-mails. This service provider is prohibited from using your e-mail address for any purpose other than to send ARoglyph related e-mail. If you do not wish to receive e-mails with updates and information please change the settings in the ARoglyph App or Website or unsubscribe by sending email to our technical support service: https://help.aroglyph.com/ . In addition, every time you receive an e-mail you will be provided the choice to opt-out of future e-mails by following the instructions provided in the e-mail.
If you wish to opt out of receiving emails, the sharing or retention of any personal identification information, or otherwise change your personal preferences, you may contact us and our technical support at: https://help.aroglyph.com/ .
To ensure that your request is honored, provide information sufficient for us to accurately identify and access your records, such as your full name, address and the email address you provided to us when you requested Service. We reserve the right to contact you to verify that we have accurately identified record.
Cookies and Web Beacons
Our Service, ARoglyph App and Website uses “cookie” and “web beacon” technology. “Cookies” are short pieces of data generated by a web server or mobile ARoglyph App that a Service, ARoglyph App and Website stores on a user’s device. Our Service, ARoglyph App and Website may require the use of a cookie for purposes of keeping information you enter on multiple pages together. Cookies also enable us to customize our Service, ARoglyph App and Website and offerings to your needs and provide you with a better online experience with us. In addition, cookies are used to:
- measure usage of various pages on our Service, ARoglyph App and Website to help us make our information; more pertinent to your needs and easy for you to access; and
- provide functionality such as online orders, our Service, ARoglyph App and Website and other functionality that we believe would be of interest and value to you.
The types of cookies that we use are referred to as “session” cookies and “persistent” cookies. Session cookies are temporary and are automatically deleted once you stop using the Service, ARoglyph App and Website. Persistent cookies remain in permanent data storage of your device until you delete them. Cookies do not, under ordinary circumstances, corrupt or damage your device, programs, or files.
In addition, the service providers we use to serve and host our advertisements, and/or deliver our e-mails, use session and persistent cookies to track the number of times the service is accessed and whether the service was accessed from an advertisement. There are no cookies in the advertisements or e-mails. A cookie is placed on your device only if and when you click on an advertisement or open the e-mail. The cookie generated from the advertisement or e-mail does not contain any personally identifiable information and will remain in your device’s permanent data storage until you delete it.
Beacons are used in combination with cookies to help website and mobile ARoglyph App’ operators understand how visitors interact with their online Service, ARoglyph App and Website. A beacon is typically a transparent graphic image (usually 1 pixel x 1 pixel). In contrast to cookies, which are stored in a permanent data storage of user devices, beacons are embedded invisibly on online pages and are about the size of the period at the end of this sentence. These beacons are not tied to personally identifiable information. The use of beacons allows the ARoglyph App to measure the actions of the visitor using the ARoglyph App that contains the beacon. It makes it easier to follow and record the activities of a recognized browser, such as the path of visited pages and/or ARoglyph App. We use the information provided by beacons to develop a better understanding of how our users use the Service, ARoglyph App and Website, and to facilitate those users’ interactions with the Service, ARoglyph App and Website. We may make the aggregate data obtained from analytics (including from our third party analytics providers, if applicable) publicly available. If this data is made available, none of the information will be personally identifying information or potentially-personally identifying information.
C. PRIVACY-RELATED INQUIRIES AND COMPLAINTS
Copyright © 2014-2015 ARoglyph Inc. All rights reserved. The Website and Services and accompanying products and documentation are the copyrighted property of ARoglyph and/or its licensors and protected by copyright laws and international intellectual property treaties. ARoglyph® and related logo, and all related product and service names, design marks and slogans are the trademarks and/or registered trademarks of ARoglyph. All other product and service marks contained herein are the trademarks of their respective owners. Any use of the ARoglyph or third party trademarks or logos without the prior written consent of ARoglyph or the applicable trademark owner is strictly prohibited.
The trademarks, displayed on this site or in materials (including software products), available on this site, are the property of ARoglyph Inc., its subsidiaries, affiliates or other third-parties. Unauthorized duplication or use of the trademark without permission, granted by trademark owner, is prohibited.
ARoglyph Inc. recognizes trademarks as a valuable asset, which distinguishes high-quality software products and services, delivered by ARoglyph, from other software products and services.
ARoglyph trademarks may be used only if permission was granted by ARoglyph Inc.. The guidelines below define the rules, when such permission is granted implicitly. In other cases permission must be granted explicitly by ARoglyph Inc..
- Hieroglyph logo
- “Re-mark-able” slogan
Trademark usage guidelines.
- Always use proper trademark form, capitalization and spelling. All capitals are allowed. Don’t mix case other than defined in trademark list. Correct: ARoglyph, AROGLYPH. Incorrect: aroglyph, Aroglyph, ArOgLyPh.
- Include an attribution of ARoglyph’ ownership of the trademark within the credit notice section of your web site, documentation or advertisement. Put the following text where appropriate: “ARoglyph trademarks and logos are either registered trademarks or trademarks of ARoglyph Inc..”
- Always use the registration symbol ® for registered trademarks and TM symbol for unregistered trademarks. Using these symbols in the first sentence of the web page, advertisement or document, in which you use the trademark, is sufficient. Note, that if some part of the text includes a trademark and is used separately from the rest of the text, the first use of the trademark in this part of the text should also be marked with specified symbol.
- Do not include ARoglyph trademarks into logos without explicit written permission from ARoglyph Inc.. This includes (but is not limited to) creation of “Powered by” buttons.
- Do not create your own product names, company names, service names, which include any ARoglyph trademarks. Correct: Mark Manager for ARoglyph. Incorrect: ARoglyph Mark Manager.
- Do not create trademarks, which can be confused with ARoglyph trademarks. Incorrect: ARoglif.
- Do not use ARoglyph trademarks in domain names.
Logo usage guidelines.
In addition to general trademark usage guidelines the following guidelines are applied to graphic material (logos) that constitute ARoglyph trademarks.
- The logo should be used only when permission was granted for such use by ARoglyph Inc..
- The logo must be used as provided by ARoglyph Inc., without changing its contents (symbols, image parts or text), color or proportions. The logo should not be morphed, animated or in other way changed in appearance.
- The logo which constitutes a registered trade mark must be accompanied by ® symbol.
- The logo may not be used without explicit permission if such use can imply that any non-ARoglyph products, services, web sites or documents are in any way endorsed, sponsored by materials, including but not limited to goods, services, websites, or publications are sponsored, endorsed, licensed by, or affiliated with ARoglyph Inc..
- The logo may not be used in the way that disparages ARoglyph Inc., or its products and services, or other companies, institutions or individuals and their products and services.
- The logo must not be surrounded by or combined with any other text or graphics, if such combination can create another graphic, which can be recognized as a different logo.
- The logo must not be used as a substitution of the name of ARoglyph Inc. as a company or its products and services in text materials.
Android is a trademark of Google Inc.
Microsoft, Windows, and the Windows logo are trademarks or registered trademarks of Microsoft Corporation in the United States and/or other countries.
All other product and company names mentioned herein are the trademarks or registered trademarks of their respective owners.
AROGLYPH INC. RESERVES THE RIGHT TO MAKE CHANGES TO THE ABOVE GUIDELINES AS IT DEEMS NECESSARY OR APPROPRIATE.
The web site uses so-called cookies for various purposes as described below.
What is a cookie?
Cookie is a small piece of information sent by the server, stored by the client and then used by the server again. When the browser receives the cookie from the server, it stores the cookie locally and sends it back to the server on subsequent connection. You can find comprehensive information about cookies on www.aboutcookies.org.
How cookies are used on the site?
Cookies are used on ARoglyph site to
- remember authentication information (when you created an account on the site and logged in);
- remember various settings made by you on various pages of the site
- track how visitors reach our site and the path they take through it to help us improve our service to you.
The site does not store personal information in cookies.
When you use embedded YouTube player, AddThis buttons or other third-party modules embedded to the site (such as Facebook or Google+ buttons), the corresponding web services can install and use their own cookies. ARoglyph Inc site doesn’t control storage or access to those cookies.
How do I block cookies?
Cookies are sent by the server (it doesn’t know that the user has opted out of cookies without tracking user information itself) and the browser can be configured to ignore cookies and not to remember them. Please refer to documentation for your browser to find out how to disable cookies. You will find comprehensive information about cookies and how to disable or delete them on www.aboutcookies.org.
What happens when cookies are disabled?
With cookies disabled you will not be able to authenticate on the site.