Arky Development Efficiency. Reliability. Consistency.

Terms of Usage

Arky Development Terms of Usage ("Agreement")

Arky Development is Georgia corporation. Please read these Terms of Usage ("Agreement", "Terms of Usage") carefully before registering on any sites (“Sites”) or using any of the web applications ("the Applications") operated by ASDC ("us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the Applications. Definitions

  • Sites - https://arkydev.com and all subdomains, subdirectories.
  • Applications - Any application developed by Arky Development.
  • End User - Any user of the "Applications"

By accessing or using the site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Usage. Capitalized terms are defined in this Agreement.

Intellectual Property

Sites and web applications and associated content, features and functionality are owned by ASDC and are protected by international copyright & trademark.

Termination

We may terminate your use of the Sites and Applications without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Fees and Services

All references on the Sites and Applications or in this Membership Terms to “$” and “dollars” are referring to United States Dollars (USD).

Ongoing Monthly Membership

If you have chosen a monthly term, your ASDC membership will continue month-to-month unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method. Monthly renewals occur on the "month anniversary" (with the exception of shorter months, whereby your account may be charged up to 3-days before your "month anniversary") of your initial purchase date. We will bill the monthly membership fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Membership fees are fully earned upon payment.

Ongoing Yearly Membership

If you have chosen a yearly term, your ASDC membership will continue year-to-year unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each year in order to avoid billing of the next year's membership fees to your Payment Method. Yearly renewals occur on the "month and day anniversary" (with the exception of shorter months, whereby your account may be charged up to 3-days before your "month and day anniversary") of your initial purchase date. We will bill the yearly membership fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Membership fees are fully earned upon payment.

ASDC (paid) monthly and yearly pricing is subject to change which will be reflected on your account. This pricing will not reflect your account if the price change is due to promotion.

Subscription Credit Card Authorization

By entering into a monthly or yearly subscription with us, you are explicitly authorizing us to charge your credit card on a recurring basis. When upgrading your ASDC account, you hereby agree that all immediate and future charges as per our Plans are pre-authorized. Pre-authorized charges on monthly and yearly accounts are non-refundable.

Use of Account

Each purchase of a paid ASDC account (“Subscription”) is licensed for use by one company or organization only. If you would like to use a Subscriptions account across multiple locations, you can do so but sharing accounts with other individuals or organizations outside the company or organization is strictly prohibited. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity unless otherwise stated in writing by ASDC authorized staff. You are entirely responsible for any and all activities that occur under your account.

Uploaded Videos, Graphics & Images

We do not claim any rights to videos, images or text that you upload.

Content

We respect the intellectual property rights of others, and require that those people who use ASDC, or the services or features made available on or through the site, do the same. End Users are responsible for any Content submitted by the End User. You agree to the following:

  • you own the intellectual property rights in that Product;
  • that Product does not infringe the intellectual property rights of a third party;
  • that Product is not false, inaccurate or misleading;
  • that Product is not a stolen or an unlawful item;
  • that Product does not violate any applicable law, statute, ordinance or regulation (including but not limited to, those governing export control, consumer protection, unfair competition, criminal law, anti-discrimination or trade practices or fair trading laws);
  • that Product is not defamatory, unlawfully threatening or unlawfully harassing;
  • that Product is not obscene and does not contain child pornography and does not constitute or contain material that is adult in nature or harmful to persons under the age of 18 years;
  • that Product does not contain any content that may be considered as prohibited or potentially prohibited content for the purposes of the Broadcasting Services Act 1992 (Cth);
  • that Product would not cause ASDC to violate any applicable law, statute, ordinance or regulation by making it available on the Sites.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time. We reserve the right to force forfeiture of any account that becomes inactive, violates trademark, or may mislead other users. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Usage.

Property Rights

ASDC does NOT claim ANY ownership rights in the text, files, fonts, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you upload on or through the ASDC Sites or Applications.

ASDC does NOT claim ANY ownership or license to the content you create using ASDC. By using ASDC you agree that you have explicit permission to use any graphics, logos, fonts, photos or other content you upload. You indemnify ASDC, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Site or the Service, including but not limited to out of your violation of this Agreement. You represent and warrant that: (i) you own the Content uploaded by you on or through the ASDC Site and Applications, (ii) the uploading and use of your Content on or through the ASDC Sites and Applications does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and; (iii) the uploading of your Content on the Sites and Applications do not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you upload on or through the Sites and Applications.

Governing Law

This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Georgia, without giving effect to any principles of conflicts of law.

Changes To This Agreement

We reserve the right, at our sole discretion, to modify or replace these Terms of Usage by posting the updated terms on the Sites and Applications. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Usage. Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.