arcalife.com Terms of Use

Updated as of January, 2008

Before using or subscribing to arcalife.com, please review the following terms and conditions (the “User Agreement”) which define your rights, responsibilities and benefits as a user of arcalife.com.

A. DEFINITIONS

The following terms have the following meanings:

• “arcalife Content” means any text, graphics, images, information, data, editorial and other content owned by us or provided to us by third party providers and forming part of the Service.
• “Subscribing Member” means a member that has subscribed and paid for a Basic Membership, a Premium Membership or a Lifetime Membership.
• “Community Information” means the Member’s Content that has been designated by the Subscribing Member as being available only to other Members and not to the general public, by the Subscribing Member following the public access procedures on the Website.
• “Family Member” means any person that has been invited by a Subscribing Member to visit, view and make Submissions as a family member.
• “Free Member” means a person who registers with arcalife.com that is not a Subscribing Member.
• “Friend” means any person that has been invited by a Subscribing Member to visit, view and make Submissions as a friend.
• “Invited Member” means any Family Member or Friend that has been granted access and permission to visit, view and make Submissions to the Members Content.
• “Public Information” means the Member’s Content that has been designated by the Subscribing Member as being available to the general public, by a Subscribing Member following the public access procedures on the Website.
• "Minor" means any person under the legal age of minority under the laws of the country in which you are resident or from which you access or use the Service.
• “Service” or “arcalife.com” means the internet service owned and operated by us at URL www.arcalife.com;
• “Member” means a Free Member or Subscribing Member.
• “Member”s Content” includes all Submissions posted to arcalife by a Subscribing Member and his/her Invited Members.
• “Submission” means any text, graphics, data, files, images, photos, videos, sounds, music, works of authorship, or any other information and materials posted to arcalife.com by a Member.
• “we”, “our” or “us” means Digital Estate Corporation, the owner and operator of the Service;
• “Website” means our website available at URL www.arcalife.com, and includes affiliated websites arcalife.ca, arcalife.eu, arcalife.co.uk, arcalife.fr, arcalife.de, sharethetimes.com and arkalife.com owned by us.
• “you” or “your” means any Member or adult person that accesses this Website and includes any Minor who a Member allows to access this Website.

B. USE OF SERVICE

Your use of the Service indicates that you are bound by this User Agreement with us. If you don't agree with any of these terms and conditions, don't use the Service.

• Minors may not use the Service without the permission of a parent or guardian.
• We do not recommend that Subscribing Members invite Minors to use the Service. A Subscribing Member who invites a Minor to become a Family Member or a Friend will be strictly responsible for the conduct of such Minor.
• You may not use the Service if you are a person who is either barred or otherwise legally prohibited from receiving or using the Service.
• We may alter this Agreement at our discretion and your continued use after any change indicates your acceptance of that change. If you don't want to be bound by a change, discontinue use of the Service.
• arcalife Content is protected by copyright as a collective work and/or compilation, pursuant to Canadian copyright laws, international conventions, and other copyright laws and may only be used in accordance with this limited use license.
• You are licensed to use arcalife Content only for personal purposes in accordance with the terms set out in this Agreement. Reselling of arcalife Content is strictly prohibited.
• You may print or copy arcalife Content when utilizing the search function. The downloading of the whole or significant portions of any website database is prohibited.
• Online or other republication of other Member’s Content is prohibited.
• Violation of this User Agreement may result in immediate termination of your membership and may result in legal action for injunction, damages or both. You may use software provided as part of the Service to upload member content, copy, reuse or distribute that software, only in connection with the use of the Service.

C. SUBMISSIONS

• Portions of the Service will contain User provided content (“User Submissions”), to which you may contribute appropriate content. You understand that we do not guarantee any confidentiality with respect to any User Submissions.
• You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and to authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions and have all necessary consents to collect, use and disclose any personally identifiable information contained or displayed in any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
• You retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to us, you hereby grant us a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and our (and our successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels.
• You also hereby waive any moral rights you may have in your User Submissions and grant each User of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under User Agreement.
• The above licenses granted by you in your User Submissions terminate within a commercially reasonable time after you remove or delete your User Submissions from the Website. You understand and agree, however, that we may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in your User Submissions are perpetual and irrevocable.
• In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner and the necessary consents from any individuals whose personally identifiable information is contained in such material to post the material and to grant us all of the license rights granted herein.
• You further agree that you will not, in connection with User Submissions, submit material that is contrary to applicable local, national, and international laws and regulations.
• We do not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions.
• We do not permit copyright infringing activities and infringement of intellectual property rights on our Website, and will remove all User Submissions if properly notified that such User Submissions infringe on another's intellectual property rights or contravenes any applicable privacy legislation.
• We reserve the right to remove User Submissions without prior notice.

D. PERSONAL INFORMATION SECURITY

• Subscribing Members have the right to invite Family Members and Friends tobe become Invited Member of the Service. Subscribing Menbers can also disinvite an Invited Member at anytime. Once you choose to disinvite an Invited Member, he/she will not be able to visit, view or contribute to your Member’s Content.
• Do not invite people you don’t trust to be Invited Member and if you have questions about any Invited Member misusing your personal information, consider disinviting him/her.
• Do not upload personal information like your telephone number or home address. Also, be aware of things like license plate numbers on cars or images of the outside of your home on the contents you uploaded to your arcalife.com account.
• When Invited Members post pictures, audios or videos you can choose whether you want to let such Submissions form part of your Member Content. You have the option to hide such Submissions.
• arcalife.com employees will not contact you and ask you for your password, email address, or other account information. Do not give out any personal information if someone contacts you pretending to be from arcalife.com and contact us immediately. However, if you contact arcalife.com, our employees may ask you for personal information to verify your identity.
• If you lost your password, arcalife.com employees will not provide a new password to you on the phone. Follow the lost password procedure on our Website and a new password will be sent to you via email.
• If you have submitted your credit card information on arcalife.com, the credit card information will be used only for the purpose of that specific submission and will not be retained in our record or used for any other purposes.

E. USER SUBMISSION GUIDELINES

The arcalife.com community is designed for people to share family stories and history together. Please do not post the following content materials on arcalife.com. If a review by our staff has determined that your Submissions violate our Guidelines, we will remove them. Violations of Submissions Guidelines can lead to immediate account termination without prior warning. If your membership is terminated, you won’t be allowed to create any new membership accounts.

• Pornographic or sexually explicit content material. We work closely with law enforcement and we report child exploitation
• Any illegal content, animal abuse, drug abuse, under-age drinking and smoking or bomb making.
• Graphic or gratuitous violence.
• Disgusting scenes of accidents, dead bodies or similar things.
• Contents that would violate Copyright. Only upload contents that you made or that you are authorized to use. Do not upload contents that someone else owns the copyright to, such as music tracks, snippets of copyrighted programs, or videos made by others without necessary authorizations.
• Hate speech (speech which attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and sexual orientation/gender identity).
• Things like predatory behavior, stalking, threats, harassment, intimidation, invading privacy, revealing other people’s personal information, and inciting others to commit violent acts or to violate the Terms of Use are taken very seriously. Anyone caught doing these things may be permanently banned from arcalife.com.

F. LIABILITY DISCLAIMER

• The information, products, and services included on this Website may include inaccuracies or typographical errors. Changes are periodically made to the information herein. We and our third party suppliers provide our Content in this Service "AS IS", and without any warranty of any kind.
• We, and our third party suppliers make no representations concerning the suitability, reliability or accuracy of arcalife Content or the Service provided on the Service for any purpose. We and our third party suppliers disclaim all warranties, expressed or implied, in connection with the Content and the services provided on Website, including conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no case will we or our third party providers be liable for any direct, indirect, punitive, special or other damages including, without limitation, lost or delay of use, lost profits, loss of data or any other damage in contract, tort, equity or any other legal theory, even if advised of the possibility thereof.
• We may, from time to time, provide opportunities to Members to link to or buy services from third parties. Sites of those third parties will be subject to terms and conditions different from those found here. We make no warranty concerning third party provided goods or services, and you agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from us.
• We may, from time to time, provide opportunities to Members to link to or buy services from third parties. Sites of those third parties will be subject to terms and conditions different from those found here. We make no warranty concerning third party provided goods or services, and you agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from us.

G. REGISTRATION AND SECURITY

• Members are responsible for all usage or activity on arcalife.com via his/her password account. Distribution of your password to others for access to arcalife.com is expressly prohibited and shall constitute a breach of this Agreement. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and you may be referred to appropriate law enforcement agencies.
• As part of the registration process, you will select a username and password. You must keep the username and password secure and confidential.
• You must provide us with accurate, complete, and up-to-date registration information. Failure to do so will constitute a breach of this Agreement.
• You understand that you may not (i) select or use a name of another person with the intent to impersonate that person; (ii) use the rights of any person other than yourself without authorization; or (iii) use a name that we, in our sole discretion, deem inappropriate.
• The website is operated in Canada and operated to be in compliance with the laws of the Canada. Access is governed by these Terms and Conditions under the laws of British Columbia and Canada.
• Registration results in your registration information being stored and processed in Canada, and you, in registering or subscribing, specifically consent to that storage and processing. You may access that information at any time to confirm its correctness and to keep it current in connection with your registration or subscription.
• If you are subscribing or registering for use of this site , you consent to the storage and processing in Texas, USA of the personal data you submit, within the scope of the PRIVACY POLICY of arcalife.com.
• You shall notify us by regular mail or by e-mail at privacypolice@arcalife.com. of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or billing information.
• You are responsible for all usage or activity on arcalife.com via your password account. Distribution of your password to others for access to arcalife.com is expressly prohibited and shall constitute a breach of this Agreement. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and you may be referred to appropriate law enforcement agencies.
• We will send electronic mail to you, for the purpose of informing you of changes or additions to us, or of any related products and services.
• In the event that we have to shut down the Website permanently, we will inform you via email or postal mail.
• After you cancelled your account, upon your request, we can store all the information (data files with no interactive functions) you have in your arcalife.com account in a CD and mail it to you for a material and handling fee of $25.

H. FEES AND PAYMENTS

• Annual Subscribing Members will be billed on a continuous service basis. This means that once you have become an Annual Subscribing Member, your subscription will be automatically renewed and your billing choice will be charged based on the subscription program you have chosen.
• Billing charges will be processed within 24 hours your order is taken and products included in memberships will be shipped shortly thereafter with a separate billing unless shipped within that 24 hours.
• You will be notified by e-mail 15 days before your subscription will end, asked to correct any information which has changed and reminded of the opportunity to "opt out" of your renewal.
• Subscription costs may be changed by Digital Estates Corporation at any time and each renewal of your subscription will be at the then standard renewal cost for the period that you originally selected when you subscribed.

I. TERMINATION

• Should you breach this Agreement we will revoke your license to use the Service and suspend your right of access. In such a case, no portion of your subscription payment will be refunded. Should we decide to suspend your subscription service for any reason other than breach, we will refund to you the unused portion of your subscription payment, which will be your sole and exclusive remedy upon such a suspension of service.

J. MODIFICATIONS TO THIS AGREEMENT AND THE SERVICE

• We have the right, at our sole discretion, to modify this Agreement or the Service, including the Content of the Service, at any time.
• Changes in Service will be posted on arcalife.com, or sent via e-mail, or postal mail to you.
• If any portion of this Agreement or any change of this Agreement of the Service is unacceptable to you or will cause you to no longer be in compliance with the Agreement, you should cancel your subscription by calling Account Services at 7787863044. (See section regarding cancellation of subscription.)
• Continued use of the Service now or following posted notices of changes in this Agreement, (notice is given by changing the date of last revision), means that you have accepted and are bound by the changes.