Kestrel360 Pte. Ltd. (UEN: 202036022H) and/or its affiliated companies (“ARC”, “we”, “us” or “our”) provides its services (described below) and related content and functionality to you (“you” or “User”) through its website located at https://arc.xyz/ and any other websites made available by us, including but not limited to https://fyrian.xyz/ and https://arccommunity.com/, the ARC mobile application or any other relevant digital platform made available by us (collectively, the “Platform”), subject to these Terms of Service (as amended from time to time, the (“Terms of Service”).
These Terms of Service are expressly deemed to incorporate our Privacy Policy (accessible at [insert link]) and our Code of Conduct (accessible at https://arccommunitycom.notion.site/ARC-Community-Code-of-Conduct-79c976648663458c8c86ea65c84e51a7).
These Terms of Service govern your access to and use of the Platform, as well as all content, functionality and services offered on or through the Platform from time to time, including special benefits, experiences or opportunities (“Benefits”) (all of the foregoing, collectively, the “Services”).
By connecting a Digital Wallet to the Services, or otherwise using or accessing the Services (including any Benefits), you acknowledge that you have read and agreed to these Terms of Service.
These Terms of Service may be changed by us from time to time without any prior notice. You may determine if any such changes have taken place by referring to the “Last Updated” date on which these Terms of Service were last updated. You are encouraged to check for any updates to these Terms of Service prior to your access or use of any of the Services. Your continued use of any Services constitutes your acknowledgement and acceptance of these Terms of Service as may be amended from time to time.
1. General Definitions and Interpretation
1.1 In these Terms of Service, the following words shall have the meanings ascribed below:
1.1.1 “Agreement” has the meaning given in Clause 26.1;
1.1.2 “ARC Stellar” means a transferable NFT minted on the Platform and designated within the NFT Smart Contract as bearing the identifier of “ARC Stellar”;
1.1.3 “Blockchain” means the applicable blockchain network, which may include the Ethereum blockchain;
1.1.4 “Code of Conduct” means our community code of conduct accessible at https://arccommunitycom.notion.site/ARC-Community-Code-of-Conduct-79c976648663458c8c86ea65c84e51a7, as amended from time to time;
1.1.5 “Fyrian NFT” means a non-transferable NFT minted on the Platform and designated within the NFT Smart Contract as bearing the identifier of “Pyxis”;
1.1.6 “Membership” means a membership held by a User to use and access certain features of the Services (including the Benefits) on the terms and conditions contained in the Agreement;
1.1.7 “NFT” means a non-fungible token or similar digital item implemented on a Blockchain, which uses Smart Contracts to link to or otherwise be associated with certain content or data;
1.1.8 “NFT Smart Contract” means the Smart Contract underlying an NFT;
1.1.9 “Privacy Policy” means our privacy policy accessible at https://arccommunitycom.notion.site/Privacy-Policy-Website-b142a79807b04642b545041f940fd078, as amended from time to time;
1.1.10 “Smart Contract” means a self-executing contract electronically programmed and deployed on a Blockchain in connection with a digital token, which executes or is capable of executing specified matters upon the achievement of specified conditions.
1.2 Where applicable:
1.2.1 references to “Terms of Service” are to these Terms of Service, as may be revised, amended or supplemented from time to time, and include any policies and documents incorporated herein;
1.2.2 the expression “written” or “in writing” means the representation or reproduction of words or symbols or other information in a visible form by any method or combination of methods, whether sent or supplied in electronic form (including but not limited to, electronic mails) or otherwise;
1.2.3 the terms “include” and “including” are deemed to include the phrase “without limitation” immediately thereafter;
1.2.4 references to a Fyrian NFT of a User are to the Fyrian NFT minted by such User;
1.2.5 references to an ARC Stellar of a User are to the ARC Stellar lawfully owned (as determined solely in ARC’s reasonable discretion) by such User;
1.2.6 references to being “allowlisted” refer to being deemed as whitelisted or approved for a specified purpose.
1.3 In these Terms of Service, any reference to any legal entity or individual person includes, where appropriate, a reference to its authorised agents, delegates, successors or nominees. Expressions in the singular form include the plural and vice versa.
1.4 Any reference to any law, statute or regulation or enactment shall include references to any statutory modification or re-enactment thereof or to any regulation or order made under such law, statute or enactment (or under such a modification or re-enactment).
1.5 The headings used in these Terms of Service are for convenience or reference only and are not to affect the construction of or to be taken into consideration in interpreting these Terms of Service.
1.6 References to “Clauses” are to clauses of these Terms of Service.
2. Connecting your Digital Wallet
To use certain of the Services, you need to link to the Services via a non-custodial digital wallet made available by one or more third parties, which is (i) compatible with the Ethereum network, (ii) the Services, and (iii) permitted by ARC for the purpose of the Platform from time to time (each, a “Digital Wallet”). When you link your Digital Wallet, you understand and agree that you are solely responsible for maintaining the security of your Digital Wallet and your control over any wallet-related authentication credentials, including any seed phrase or private cryptocurrency keys, as well as NFTs or cryptocurrencies that are stored in or are accessible through your Wallet. Any unauthorized access to your Digital Wallet by third parties could result in the loss or theft of NFTs and/or other assets held in your Digital Wallet and any associated wallets, including any linked financial information such as bank account(s) or credit card(s). ARC is not responsible for managing and maintaining the security of your Digital Wallet. ARC has no responsibility or liability to you for any unauthorized access to or use of your Digital Wallet or if you are unable to locate your credentials. You represent and warrant that you are the lawful owner of any Digital Wallet and that you are using that Digital Wallet under the terms and conditions of the applicable provider of the Digital Wallet.
3. Access and Use of the Services
3.1 Membership is required in order to access and use certain features of the Services (including the Benefits). Memberships referred to in these Terms of Service refer to the following:
3.1.1 Memberships granted to Users who submitted an application on the Platform during the initial minting window of the Platform, where such application was allowlisted and the User minted the relevant ARC Stellar and Fyrian NFT; and
3.1.2 Memberships granted after the initial minting window of the Platform, through an application made and approved in accordance with the other provisions of this Clause 3, where such User was allowlisted to mint a Fyrian NFT and minted such Fyrian NFT.
3.2 You must be at least 18 years of age to apply for Membership and to otherwise use the Services. Eligible persons who hold an ARC Stellar may submit an application for Membership to ARC through the Platform. If you choose to apply for a Membership with ARC, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by our application form.
3.3 We may reject or accept your application for Membership at our sole discretion. We may require additional information, documentation or clarification in respect of any application you make, and we reserve the right not to proceed with an application until we are satisfied it is in line with these Terms of Service. If you do not provide us with the information we require, or if any of the information you provide is incomplete or inaccurate, your application may be rejected. If any of the information that you provide us in support of your application changes or becomes inaccurate, you must inform us in writing, and we may reconsider your Membership status.
3.4 Subject to ARC’s acceptance of your application for Membership, ARC will issue an account to you through which you may access and use the Services, based on the information submitted to ARC in your application for Membership (the “ARC Account”).
3.5 Your ARC Account is for your personal use only and is non-transferrable. You are responsible for all activities conducted on your ARC Account and you agree that you must:
3.5.1 maintain the confidentiality of your ARC Account, including but not limited to the restriction of access to your ARC Account. You agree to accept responsibility for any and all activities or actions that occur under your ARC Account; and
3.5.2 promptly notify us upon becoming aware of any breach of security or unauthorised access to or use of your ARC Account.
3.6 The continued validity of your Membership is subject to you holding in your Digital Wallet, at all times, both:
3.6.1 your ARC Stellar; and
3.6.2 your Fyrian NFT.
3.7 Without limiting its other rights and remedies, ARC reserves the right to revoke your Membership at any time in ARC’s absolute discretion (including where ARC has determined that you are in breach of the Agreement), without giving any reason or prior notice and ARC shall not be liable or responsible for any claim, demand, action, proceeding, damage, liability, cost, loss or expense arising out of the same.
3.8 You acknowledge and agree that if your Membership ceases to be valid at any time for any reason whatsoever, ARC may block or deny access to, suspend or terminate your ARC Account, without giving any reason or prior notice and ARC shall not be liable or responsible for any claim, demand, action, proceeding, damage, liability, cost, loss or expense arising out of the same.
4. Benefits
4.1 Subject to the continued validity of your Membership, you will be entitled to enjoy Benefits as made available on the Platform from time to time. The list of Benefits available for the time being will be published on https://app.arccommunity.com/benefits
4.2 PLEASE NOTE THAT IF YOUR MEMBERSHIP CEASES TO BE VALID AT ANY TIME FOR ANY REASON WHATSOEVER, YOU WILL NO LONGER BE ENTITLED TO ACCESS OR USE THE BENEFITS.
4.3 Benefits which are made available on the Platform are subject to change from time to time. ARC does not make any representation, warranty or guarantee that you will receive any particular Benefit as a result of holding Membership or an ARC Account, or owning any particular NFT. ARC reserves the right, at its sole discretion, to restrict, limit, or deny any Benefits to any User, including to limit the period of time when a Benefit is available, for any reason, at any time.
4.4 BENEFITS ARE NOT INTENDED TO BE AN ENDORSEMENT OF ANY PROJECT, CREATOR, NFT, INDIVIDUAL OR ANY OTHER THING, AND ARC MAKES NO RECOMMENDATION AND PROVIDES NO INVESTMENT OR OTHER PROFESSIONAL ADVICE IN CONNECTION WITH ANY BENEFIT.
5. Safety; Your Interactions with Other Users.
5.1 Though ARC strives to encourage a respectful and safe user experience through various safety features, it is not responsible for the conduct of any User on or off of the Services. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Services or meet in person. In addition, you agree to review and comply with our Code of Conduct. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money to other Users.
5.2 You are solely responsible for your interactions with other Users. You understand that ARC does not conduct criminal background checks on its Users or otherwise inquire into the background of its Users. ARC makes no representations or warranties as to the conduct of Users. ARC reserves the right to conduct—and you agree that ARC may conduct—any criminal background check or other screening (such as sex offender register searches) at anytime using available public records.
6. Rights ARC Grants You
6.1 Subject to your compliance with these Terms of Service, ARC grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable licence to access and use the Services. If any software, content, or other materials owned by, controlled by, or licensed to us are distributed or made available to you as part of your use of the Services, ARC hereby grants you a non-commercial, personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and licence to access and display such software, content, and materials provided to you as part of the Services (and right to download a single copy of the ARC mobile application onto your applicable equipment or device), in each case for the sole purpose of enabling you to use the Services as permitted by these Terms of Service, provided that your licence in any content linked to or associated with any ARC Stellar and/or Fyrian NFT is solely as set forth in Clause 9. The foregoing licence grants are for the sole purpose of letting you use and enjoy the Services as intended by ARC and permitted by these Terms of Service.
6.2 Any software that we make available to you pursuant to Clause 6.1 may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
7. Rights You Grant Us
7.1 Many of our Services let you create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a licence to use that content for the purposes of hosting such content on the Platform.
7.2 While we’re not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including to provide and develop the Services or if we think your content violates these Terms of Service. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Services.
7.3 We always love to hear feedback and suggestions from our Users, especially where this allows us to improve our services. By providing any feedback or suggestions, you agree that ARC shall be deemed as the sole and exclusive owner of all rights to any and all feedback and suggestions provided by you in relation to the Platform or Services, and any ideas, inventions and/or improvements (whether protectable by any intellectual property protection or not) conceived or derived or resulting from such feedback or embodied therein (collectively, “Feedback”). In respect of any Feedback given by you, you hereby irrevocably assign to ARC any and all rights that you may have in such Feedback, and to the extent such rights may not be assigned under applicable law, you hereby grant ARC a royalty-free, perpetual, worldwide, exclusive, irrevocable licence to use such Feedback for any purpose, including commercial purposes. For the avoidance of doubt, compensation for any Feedback is payable only where ARC has expressly stated in a request for Feedback that any such compensation will be provided, subject to any conditions ARC may incorporate into such Feedback request.
8. User Generated Content
Much of the content on the Services is produced by Users and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. Although ARC reserves the right to review or remove all content that appears on the Services, we do not necessarily review all of it. So we cannot—and do not—take responsibility for any content that others provide through the Services.
9. Licence Rights in respect of ARC Stellars for Users with Memberships
9.1 When you mint, purchase, acquire or otherwise receive an ARC Stellar and/or Fyrian NFT, you own the ARC Stellar and/or Fyrian NFT as a token on the Blockchain, but you do not own any intellectual property rights in the related audiovisual assets, artwork, images, and other content associated with such ARC Stellar and/or Fyrian NFT except for the licence grants expressly set forth herein.
9.2 Subject to the continued validity of your Membership, and subject to your compliance with these Terms of Service, we hereby grant you the following rights in respect of your ARC Stellar:
9.2.1 a non-exclusive, worldwide, royalty-free, licence to use, reproduce, display, modify, and create derivative works of the art comprised in your ARC Stellar for personal, non-commercial use; and
9.2.2 a non-exclusive, worldwide, royalty-free, sub-licensable (but only to service providers assisting you with a Commercial Use) licence to use, copy, reproduce and display the art comprised in your ARC Stellar for any Commercial Use. From time to time, we may collaborate with third parties to create ARC Stellars which include artwork, images, works of authorship, logos, trademarks, service marks, or trade dress owned by a third party (“Third Party Content”). The licence in this paragraph does not extend to any Third Party Content (other than to the extent used in the art comprised within your ARC Stellar, where used as a whole), and you may not use, copy, reproduce, display, create derivative works of, or create new NFTs based on such Third Party Content, or any portion thereof, for any Commercial Use, unless we or the applicable third parties expressly provide our consent in writing or by public announcement.
9.3 For the purposes of the foregoing, “Commercial Use” means any activity that is performed with the intent to generate revenue, such as sale or transfer of items (including NFTs) on any marketplace, creating and selling merchandise or creating a comic book or video game.
9.4 You agree that the above licences will not be used in any way that: (i) constitutes unlawful, defamatory, harassing, abusive, fraudulent, racist, hateful, vulgar, cruel, illegal or obscene activity; (ii) promotes any such activity or for any activity which is reasonably likely to adversely affect the reputation of ARC; or (iii) is for the promotion of any digital currency or token services.
9.5 No Rights to Trademarks. Nothing in the Agreement will be interpreted to grant you any rights to any and all logos, trademarks, service marks, and trade dress associated with ARC, including the “ARC” logos and “ARC” names and any other names of ARC-related or products or service developed by us (“ARC Trademarks”). Without our written permission, you may not use any ARC Trademarks for any Commercial Use, including to register any domain names or social media accounts using any ARC Trademarks. This includes any ARC Trademarks that may be displayed or contained in any ARC Stellar Art for your ARC Stellars (and you will need to modify the ARC Stellar Art to remove or obfuscate such ARC Trademarks before making any Commercial Use of such ARC Stellar Art). You may not remove, delete or obscure any trademark notice, copyright notice or other intellectual property notice in any ARC Stellar or ARC Stellar Art.
9.6 ARC STELLAR HOLDERS WHO DO NOT HOLD THEIR FYRIAN NFT WILL NOT BE GRANTED ANY LICENCING RIGHTS AS SET OUT ABOVE. IF YOU WOULD LIKE TO BE GRANTED LICENCING RIGHTS IN RESPECT OF YOUR ARC STELLAR, YOU MAY APPLY TO MINT A FYRIAN NFT.
9.7 The licences granted above are non-transferrable, except that if you sell or transfer your ARC Stellar, you will no longer be granted the foregoing licences in the ARC Stellar art, and such licence will transfer to the new owner of the ARC Stellar associated with such ARC Stellar Art, provided that the new owner of the ARC Stellar is also a holder of their Fyrian NFT. In connection with any sales, transfers or similar transactions of the ARC Stellars, the transferee agrees that by purchasing, accepting, or otherwise acquiring the ARC Stellar and subject to the transferee being a holder of such transferee’s Fyrian NFT, they shall be deemed to accept the terms of the relevant licence hereunder.
9.8 If you breach any of the provisions of any licence granted to you, all licences granted by ARC will terminate automatically. Upon the termination of your licences, you shall cease all marketing, distribution, or sale of goods, services and media that feature any property comprised in such licence (including the use of any art comprised in your ARC Stellar). Termination of any licence will not limit any of ARC’s other rights or remedies at law or in equity.
10. Third Party Services
10.1 The Services may provide links or other access to services, sites, technology, content and resources (including Benefits) that are provided or otherwise made available by third parties (the “Third-Party Services”). Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. You, and not ARC, will be responsible for any and all costs and charges associated with your use of any Third-Party Services.
10.2 Under no circumstances shall it be construed that, in the case of any Third-Party Services accessible through the Services, ARC is a party to any transaction between you and such third party or that ARC endorses, sponsors, certifies, or is involved in the provision of such Third-Party Services. ARC has no control over, and assumes no responsibility for any Third-Party Services which shall be the sole responsibility of the relevant third party. We do not warrant the offerings of any of these third party entities/individuals or their websites.
10.3 ARC will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.
10.4 We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services.
11. Rules of Conduct
11.1 Safety of our users is of utmost importance for us. As a result, we have laid out the following Rules of Conduct which every User is subject to, whether they have an ARC Account or not. You are solely responsible for everything you write, post, upload, or make public. Furthermore, by using our Services, you also agree to our Code of Conduct.
11.2 If you are using our Services, you are not allowed to send, upload, or post anything which:
11.2.1 could potentially cause any harm or damage to anyone.
11.2.2 is mean, is bullying someone or is intended to harass, scare or upset anyone.
11.2.3 is deliberately designed to provoke or antagonize people, especially trolling.
11.2.4 uses rude or profane language.
11.2.5 encourages dangerous or illegal activities.
11.2.6 encourages any type of self-harm.
11.2.7 contains any obscene or pornographic content.
11.2.8 contains any threat of any kind, including threats to yourself or others.
11.2.9 is racist or discriminates based on someone’s race, religion, age, gender, disability, or sexuality.
11.2.10 infringes on individual's privacy rights.
11.2.11 competes with our Services or is spam.
11.2.12 is illegal, could expose ARC to legal liability, or encourages people to get involved in anything which is illegal (for example, drugs, violence, or crime).
11.2.13 is defamatory or violates any third party’s rights, including breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property right.
11.2.14 collects user content or information, or otherwise accesses the Services using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
11.2.15 violates any robot exclusion headers of the site, if any, or bypasses or circumvents other measures employed to prevent or limit access to Services.
11.2.16 shares, recompiles, decompiles, disassembles, reverse engineers, or makes or distributes any other form of, or any derivative work from, the Services.
11.2.17 Attempts to scrape or collect any personal or private information from other users or from the Service
11.2.18 Pretends to come from someone other than you, or where you are impersonating someone else
11.2.19 Intercepts or monitors, damages, or modifies any communication not intended for you
11.2.20 Otherwise breaches these Terms of Service
11.3 In addition, you shall not, and shall not permit any other person, to:
11.3.1 use the Services or any content contained in the Services for any commercial purposes without our written consent.
11.3.2 copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Services without ARC’s prior written consent.
11.3.3 express or imply that any statements you make are endorsed by ARC.
11.3.4 use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents.
11.3.5 use the Services in any way that could interfere with, disrupt or negatively affect the Services or the servers or networks connected to the Services.
11.3.6 upload viruses or other malicious code or otherwise compromise the security of the Services.
11.3.7 forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Services.
11.3.8 “frame” or “mirror” any part of the Services without ARC’s prior written authorization.
11.3.9 use meta tags or code or other devices containing any reference to ARC or the Services (or any trademark, trade name, service mark, logo or slogan of ARC) to direct any person to any other website for any purpose.
11.3.10 modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services, or cause others to do so.
11.3.11 use or develop any third-party applications that interact with the Services or other users’ Content or information without our written consent.
11.3.12 use, access, or publish the ARC application programming interface without our written consent.
11.3.13 probe, scan or test the vulnerability of our Services or any system or network.
11.3.14 encourage or promote any activity that violates the Agreement.
11.4 ARC may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Services, including termination of your ARC Account.
12. Respecting Other People’s Rights
12.1 ARC respects the rights of others. And so should you. You therefore may not use the Services, or enable anyone else to use the Services, in a manner that:
12.1.1 violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual-property right.
12.1.2 bullies, harasses, or intimidates.
12.1.3 defames.
12.1.4 spams or solicits our Users.
13. Copyright
ARC honours copyright laws, including the Digital Millennium Copyright Act. We, therefore, take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of.
14. Disclaimer of Warranties
14.1 The Services are provided on an “as is” and “as available” basis. ARC makes no representations or warranties of any kind, express or implied, as to the Services. You expressly agree that your use of the Services is at your sole risk.
14.2 Neither ARC nor any person associated with ARC makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Services. Without limiting the foregoing, neither ARC nor anyone associated with ARC represents or warrants that the Services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Services or the server that makes it available are free of viruses or other harmful components or that the Services or any services or items obtained through the Services will otherwise meet your needs or expectations.
14.3 To the maximum extent not prohibited by applicable law, ARC hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose.
14.4 The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
15. Limitation of Liability
15.1 In no event shall ARC (and its respective officers, directors, employees, members, agents, and affiliates) be liable for any direct, indirect, punitive, incidental, special, or consequential damages or damages for any lost profits or any indirect, consequential, exemplary, incidental, special or punitive damages, arising out of, or in any way connected with, your access to or use of the Services or with the delay or inability to access, display, or use the Services; any computer viruses, information, software, linked services and products obtained through the Services; or otherwise arising out of the access to or use of the Services whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if ARC has been advised of the possibility of such damages.
15.2 Notwithstanding anything to the contrary contained herein, in no event shall the maximum aggregate liability of ARC (and its respective officers, directors, employees, members, agents, and affiliates) to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceed S$5,000.
16. Indemnity
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless ARC, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms of Service.
17. Modification to the Services
We reserve the right to modify, withdraw, suspend or discontinue the Services, and any other services or material we provide via the Services, in our sole discretion without notice. We shall have no liability to you or to any third party for any such modification, withdrawal, suspension or discontinuance, and shall not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or all of the Services, to Users.
18. Suspension and Termination
18.1 You may terminate your Membership at any time, for any reason, including by disposing of your ARC Stellar.
18.2 Without limiting our other remedies, we may revoke your Membership and/or limit, suspend, terminate, modify or delete your access to the Services or portions thereof and/or terminate the Agreement (or any part thereof) and take technical and legal steps to prevent you from accessing the Services, at any time with or without notice to you, if (i) we believe you to be, in any way, in breach of any provision of these Terms of Service or related policies or guidelines or their letter of spirit; (ii) ARC elects at its discretion to cease providing access to the Services in the jurisdiction where you reside or from where you are attempting to access the Services; or (iii) in other reasonable circumstances as determined by ARC at its absolute discretion.
18.3 If you breach any of the provisions of these Terms of Service, all licences granted by ARC will terminate automatically.
18.4 ARC reserves the right to discontinue or cease to support the Services or parts thereof at any time, at which point your licence to use such Services or parts thereof will be automatically terminated. In such an event, and unless otherwise prohibited by applicable law, ARC shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services. Where necessary, ARC will use reasonable efforts to provide reasonable advance notice when we discontinue any Services or a part thereof. Upon termination for any reason, you must cease all use of the Services.
18.5 No termination of the Agreement shall limit or affect rights or obligations that accrued prior to the effective date of termination (including without limitation payment obligations).
18.6 All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification provisions and limitations of liability.
19. Governing Law and Jurisdiction
19.1 The Agreement and any and all claims, disputes or other legal proceedings by or between you and us, including but not limited to any claims or disputes that are in any way related to or arising out of these Terms of Service or your use of or access to the Services, shall be governed and construed in accordance with the laws of Singapore without regard to its conflict of law provisions.
19.2 You irrevocably submit to the non-exclusive jurisdiction of the courts of Singapore and consent to the service of process (whether personal or otherwise) by prepaid post (ordinary or registered) to your last known address in ARC’s records which shall be conclusively deemed to be received by you on the day following such posting despite any evidence to the contrary.
20. General
20.1 These Terms of Service, and any other terms or documents referenced therein, including our Privacy Policy and our Code of Conduct (the “Agreement“), constitute the entire agreement between you and ARC relating to your use of the Services and supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and ARC with respect to the Services. A printed version of the Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
20.2 No waiver by ARC of any term or condition set forth in the Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ARC to enforce or assert any right or provision of the Agreement shall not constitute a waiver of such right or provision.
20.3 The Agreement, and any rights and licences granted thereunder, may not be transferred or assigned by you, but may be assigned by ARC without restriction. Any attempted transfer or assignment by you in violation hereof shall be null and void.
20.4 If any provision of the Agreement, including, but not limited to, the warranty disclaimers and limitations of liability set forth in these Terms of Service above, is determined to be invalid or unenforceable under applicable law, such provision shall be construed, limited or if necessary severed to the extent necessary to eliminate such invalidity or unenforceability and the validity of the other provisions of the Agreement and the remainder of the provision in question shall not be affected but shall remain in full force and effect.
21. Contact Us
E-mail: here@arc.xyz