Website Terms of Use

LAST REVISION: 17th March, 2022

Thank you for visiting ArcDeck.net!

PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS OR SERVICES FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This Terms of Use Agreement (the "Agreement") governs your use of this website, https://www.arcdeck.net/ (the "Website"), ArcDeck, its subsidiaries and affiliates ("ArcDeck", “We” or “Us”) offer of services on this Website, or your purchase of services available on this Website. The terms “you,” “user” and “users” refers to all individuals and other persons who access or use our services, including, without limitation, any companies, organizations and / or other legal entities that register accounts or otherwise access or use the services through their respective employees, agents or representatives.

This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. ArcDeck reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. ArcDeck will not alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. ArcDeck encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website.

These Terms of Use do indeed form a legally binding Agreement between you and ArcDeck. You agree to these terms when you use our services or even if you decide to simply browse through our website. So please read them carefully. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website.

I. SERVICES

Terms of Service: This Website offers services as described below (the "Services"):

  1. Organize and conduct online design competitions;

  2. Solicit registration and submissions for design competitions and / or the ‘Design Dialogue’ feature;

  3. Provide the competition participants with competition design brief, goals, schedule and award;

  4. Provide ways to register and accept online payments;

  5. Announce the award for winning competition entries and pay them the award money;

  6. Provide a platform for designers to subscribe for newsletter to include contest alerts, competition announcements, publications and contest results.

  7. Promote and display winning and selected works received from participants for the competitions;

  8. Provide a platform for designers from around the world to showcase their works, portfolio, designs, photography and/or related material.

 

By registering for Services through this Website, you agree to the terms set forth in this Agreement.

Customer Solicitation: Unless you notify ArcDeck of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations from ArcDeck and its designated in-house team(s) or third party vendor(s).

Opt Out Procedure: We have provided 2 easy ways to opt out of from future solicitations: (1) You may use opt out link found in any email solicitation that you may receive; or (2) You may also choose to opt out, via sending your email address to: hello@arcdeck.net

Proprietary Rights: ArcDeck has proprietary rights and trade secrets in the Services offered. You may not copy, reproduce, resell or redistribute any Services and their description, brief or documentation made available by ArcDeck. ArcDeck also has rights or has acquired rights from the authors to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information displayed on the website.

II. WEBSITE

Content; Intellectual Property; Third Party Links: In addition to making the Services available, this Website may also offer information and marketing material. ArcDeck does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that ArcDeck does create the content on this Website, such content is protected by intellectual property laws of each country and international bodies where the content was created. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. ArcDeck does not endorse the contents on any such third-party websites. ArcDeck is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk. 

Use of the Website: ArcDeck is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations that apply to you in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not reuse or resell material available on the Website, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website.

Original Content: By submitting entry to any competition hosted by ArcDeck or Design Dialogue feature, participants warrant that the material being submitted by them is original and previously unpublished anywhere in any publication - in print, soft copy or online. Please do not submit anything that may have been copied, inspired or can be otherwise established as being unoriginal. ArcDeck will not be responsible for any content submitted by participants which violates the above rules or for any punitive action, claims, damages, attorney fees arising out of breach of these Rules.

Return of Competition submissions: All submitted entries (including all designs, drawings, photographs, sketches, concepts and any other competition materials submitted as entries) to the competition hosted by ArcDeck or Design Dialogue feature will become the property of ArcDeck and will not be returned.

License: By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from ArcDeck or the applicable third party (if third party content is at issue).

Online Publication: ArcDeck may exhibit the entries of all award winners, a selection of key entries at its own discretion in an online publication following the competition or in the Design Dialogue feature on our website and / or social media channels and the selection of such entries would be entirely up to the discretion of ArcDeck.

Decisions: The decisions of ArcDeck and its judging panel are final and shall not be negotiated, contested, reviewed, challenged or appealed against by any party through any means or process whatsoever.

Posting: By posting, registering, storing, submitting, or transmitting any content on the Website, you hereby grant ArcDeck a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. ArcDeck does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. ArcDeck is not liable for any damage or harm resulting from any posts by or interactions between users. ArcDeck reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content ArcDeck deems objectionable, at ArcDeck's sole discretion. 

Ownership and Copyright: All Competition Materials will become the property of ArcDeck and ArcDeck may retain and use the Competition Materials for any purpose. Each participant warrants that the Competition Materials submitted by them are their original works and they are copyright owners of the said Competition Materials. By participating in the competitions held by ArcDeck or submitting to the Design Dialogue feature, each participant agrees that ArcDeck shall have the license and right to use and reproduce their Competition Materials for purposes of promotional, commercial, non-commercial, research and development, training, educational or any other purpose in perpetuity. Except for the license and right for ArcDeck to use and reproduce the Competition Materials as provided above, each participant will retain copyright of all their materials.

III. DISCLAIMER OF WARRANTIES

Your use of this website are at your sole risk. The website and products are offered on an "as is" and "as available" basis. ArcDeck expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the products or website content, or any reliance upon or use of the website content.

Without limiting the generality of the foregoing, ArcDeck makes no warranty:

  • That the information provided on this website is accurate, reliable, complete, or timely.

  • That the links to third-party websites are to information that is accurate, reliable, complete, or timely.

  • No advice or information, whether oral or written, obtained by you from this website will create any warranty not expressly stated herein. 

As to the results that may be obtained from the use of the products or that defects in products will be corrected. 

Regarding any products or services purchased or obtained through the website.

Some jurisdictions do not allow the exclusion of certain warranties, and hence, some of the above exclusions may not apply to you.

IV. LIMITATION OF LIABILITY

ArcDeck’s entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the website content and products and/or for any breach of this agreement is solely limited to the amount you paid, for services purchased via the website. ArcDeck will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the services in any manner, including liabilities resulting from (1) the use or the inability to use the website content, services or products; (2) the cost of procuring substitute services, products or content; (3) any services or products purchased or obtained or transactions entered into through the website; or (4) any lost profits you allege. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.

V. GENERAL

Force Majeure: ArcDeck will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.

Cessation of Operation: ArcDeck may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Services previously offered or Products.

Entire Agreement: This Agreement comprises the entire agreement between you and ArcDeck and supersedes any prior agreements pertaining to the subject matter contained herein.

Effect of Waiver: The failure of ArcDeck to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Governing Law; Jurisdiction: This Website originates from Maharashtra, India. This Agreement will be governed by the laws of the State of Maharashtra without regard to its conflict of law principles to the contrary. Neither you nor ArcDeck will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Maharashtra, India. By using this Website or the Services, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.

Statute of Limitation: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Waiver of Class Action Rights: BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.

Termination: ArcDeck reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and ArcDeck may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Services or Products. If your access to the Website is terminated, ArcDeck reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until ArcDeck chooses, in its sole discretion and without advance to you, to terminate it.

Assignment: You may not assign your rights and obligations under this Agreement to anyone. ArcDeck may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

VI. INDEMNIFICATION

You will release, indemnify, defend and hold harmless ArcDeck, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Services or your use of the Services; (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to ArcDeck. If ArcDeck is sued by a third party, ArcDeck may seek written assurances from you concerning your promise to indemnify ArcDeck; your failure to provide such assurances may be considered by ArcDeck to be a material breach of this Agreement. ArcDeck will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of ArcDeck choice at its expense. ArcDeck will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend ArcDeck against any claim, but you must receive ArcDeck’s prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website, Services or Products.

VII. PRIVACY

ArcDeck believes strongly in protecting user privacy and providing you with notice of ArcDeck 's use of data. Please refer to ArcDeck’s privacy policy, incorporated by reference herein, that is posted on the Website.

VIII. AGREEMENT TO BE BOUND

By using this Website or the Services offered by ArcDeck, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website. 

BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. You can write to us for any questions or comments related to these Terms of Use at: hello@arcdeck.net.