TERMS & CONDITIONS

01. ACCEPTANCE OF THE TERMS OF USE

The website www.markarbor.com is published and maintained by Mark Arbor. ("markarbor.com"). These Terms of Use ("Terms of Use") govern your use of the website, any content or documents that markarbor.com may make available through the site ("Contents" or "Materials"), and any services that Mark Arbor may provide through the site ("Services").


By browsing, accessing, or using the site, you indicate that you have read, understood and agree to the Terms of Use contained herein. If you do not agree to the Terms of Use, you are not authorised to use the site. Your violation of the Terms of Use automatically terminates your authorisation to use this site. markarbor.com reserves the right to change the Terms of Use as it sees fit, and your continued use of the website will signify your acceptance of any changes to the Terms of Use.


It is therefore advised that you are to re-read the Terms of Use regularly.




02. DESCRIPTION OF SERVICES OFFERED

Through this site, Mark Arbor provides you with various resources, including product and/or information, a download area and facilities to contact support.


The services, including any updates, enhancements and new features, are subject to the Terms of Use.




03. PERSONAL NON-COMMERCIAL USE OF THE SITE

You may view, copy, print and use the Contents & Materials contained on this site solely for your personal use and provided that:


  • the below copyright notice appears in all copies,

  • the Contents & Materials available from this site are used for informational and non-commercial purposes only,

  • no text, graphics or other content available from this site is modified or framed in any way,

  • no graphic content available from this site are used, copied or distributed separate from an accompanying text,

  • no additional representations or warranties relating to said Contents & Materials are made.


The use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark, or other intellectual property of Mark Arbor (www.markarbor.com) or any third party, except as expressly provided herein.





04. LINKING TO THE SITE

You are granted a revocable and non-exclusive right to create a hyperlink to this site as long as the link does not portray either Mark Arbor or markarbor.com, its affiliates, or their products/services/information in false, misleading, derogatory, or otherwise offensive manner.




05. PRIVACY & PROTECTION OF PERSONAL INFORMATION

Please refer to the Privacy Policy for disclosures relating to the collection and use of your personal information.

Personal data are to be understood as any information that is used to identify a specific person, such as name and surname, address, telephone number, email address, etc.




06. COOKIES

The information generated by the cookies about your use of the site (including your IP address) will not be transmitted anywhere. markarbor.com site does not gather information about its visitors and their activity on the site.


Any information that is generated by the cookie files is stored on your computer and/or mobile device, and is being used only for the proper functionality of the website.


You may refuse the use of cookies by selecting the appropriate settings in your browser. However, please note that if you do this, you may not be able to use the full functionality of this site.


By visiting markarbor.com, you consent for such files to be stored on your device for the purposes set out above.




07. PROHIBITED USES

You are prohibited from posting, through submission and/or contact forms, any unlawful, threatening, libellous, defamatory, obscene, pornographic materials, or other materials which may be considered an invasion of privacy, infringement of intellectual property rights, or which may violate any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law. markarbor.com reserves the right to remove or edit such content. You are prohibited from knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful.


You must not attempt to gain unauthorised access to this site, the server on which this site is stored or any server, computer or database connected to this site. You may not use any markarbor.com trademark, logo or other materials as part of the link without the express written consent of markarbor.com or as provided herein.




08. POSTED MATERIAL ON MARK ARBOR'S WEBSITES

Markarbor.com does not claim ownership of the information, materials or other communication you transmit or post to this site ("Submissions"). However, by transmitting or posting your Submissions through the site, you grant markarbor.com and its affiliated partners and necessary sub-licensees a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display throughout the world in any media the Submissions and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.


By posting a submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload the submissions.




09. LINKS TO OTHER WEBSITES

Links to other Internet web sites are provided for your convenience only. The presence of such links does not mean that markarbor.com endorses, recommends or represents them in any way. markarbor.com does not control and is not responsible for such external web sites or their contents. markarbor.com disclaims all warranties, expressed or implied, as to the accuracy, legality, reliability or validity of any content of such sites.


If you choose to access any of the external link provided, you do so at your own risk. markarbor.com assumes neither liability for damage to software or hardware arising out of access to those websites, nor do we bear any liability for the goods offered/purchased through external links.




10. UNSOLICITED IDEA SUBMISSION POLICY

markarbor.com does not accept or consider unsolicited ideas, including ideas for new products, technologies, processes, materials or marketing plans, new product names, new advertising campaigns or promotions.


Please do not send any original creative artwork, samples, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when markarbor.com products or marketing strategies might seem similar to ideas submitted to markarbor.com. Please do not send your unsolicited ideas to markarbor.com.


If despite our request, you continue to send unsolicited ideas you understand that markarbor.com makes no assurances that your concepts and materials will be treated as confidential or proprietary.




11. PROPRIETARY RIGHTS

This site, as well as the Contents, Materials & Services available therein, are either the property of markarbor.com or have been made available by permission and are protected by copyright, trademark, patents laws, international treaty provisions and other laws (including those concerning privacy and publicity).


No user of this site shall copy, use, reproduce, modify, lease, transmit, loan, distribute, display, reverse engineer, decompile, disassemble or in any way exploit copyrighted or proprietary materials available on the site or the software or code used in connection with the site, except as expressly permitted herein or by the respective owner thereof.




12. TRADEMARK AND COPYRIGHT NOTICES

The markarbor.com trademarks that may be used and displayed on this site, whether registered to markarbor.com or otherwise, are the exclusive intellectual property of markarbor.com, unless otherwise stated. Nothing on this site grants, by implication, estoppel or otherwise, any license or right to use any trademark, without markarbor.com authorisation in writing.


The markarbor.com trademarks may not be used in any way except as provided herein, including in advertising or publicity, without markarbor.com prior written permission. However, you are authorised to use any markarbor.com trademark or logo as a hyperlink to this site. All rights not expressly granted herein are reserved. The images used on our website are being used with the explicit permission of such persons.


Any additional use of these pictures may violate the publicity, personal and copyright rights of the depicted person. It also may be in conflict with legal reproduction rights.




13. THIRD PARTY TRADEMARKS

The names of companies, institutions or publications pictured or mentioned and their respective logos are trademarks or registered trademarks of their respective owners. Their use on this website neither constitutes a trademark claim by markarbor.com nor an affiliation of the trademark owners with markarbor.com.


Any mention of sample settings by commercial organizations or reference to commercial organizations is for information purposes only. It does not imply:


  • Any affiliation of markarbor.com with the sample settings mentioned

  • Recommendation or endorsement by markarbor.com

  • That the sample settings mentioned are necessarily the best available for the purpose.




14. LIMITATION OF LIABILITY

Under no circumstances shall markarbor.com be liable for any direct, indirect, foreseen or unforeseen, incidental, consequential, punitive or special damages whatsoever (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, errors or omissions in the contents or functions of this site, even if markarbor.com or an authorised representative thereof has been advised of the possibility of such damages.


If your use of the Materials, information or Services from this site results in the need for servicing, repair or correction of equipment or data, you assume all of the costs thereof. In jurisdictions which prohibit the exclusion or limitation of certain liabilities, markarbor.com liability in those jurisdictions shall be limited to the fullest extent permitted by law.




15. INDEMNIFICATION

You agree to defend, indemnify and hold harmless markarbor.com, its employees, affiliates, partners, as well as third parties and service providers acting on markarbor.com behalf ("Indemnified Parties") from and against any claims, actions, losses, demands, liability, costs and expenses (including without limitation reasonable legal and accounting fees), arising from:


  • Your use of this site or its Services or Contents;

  • Your breach of this site's Terms of Use or Privacy Policy as posted on this Site and as modified from time to time;

  • Any information submitted, posted, or otherwise provided by you through this site;

  • Any dispute or litigation between an Indemnified Party and a third party caused by your actions;

  • Your negligence or violation or alleged violations of any rights of another, based on your use of this site, its Services or Content.



At your expense and markarbor.com discretion, may provide notice to you of markarbor.com election to assist you in defending any such claim, suit or proceeding, but doing so will not excuse you from your indemnity obligations. You agree to pay the reasonable lawyer and expert witness fees and costs incurred by markarbor.com or its agents or service providers in enforcing this provision.




16. GOVERNING LAW AND JURISDICTION

These Terms of Use will be governed by and construed in accordance with the laws of the Republic of Poland, without regard to principles of conflict of laws. Except as set forth below, and unless otherwise provided in a written agreement between you and markarbor.com, any dispute or claim relating in any way to your use of the site, or to any products or services distributed by markarbor.com through the site, shall be under the exclusive jurisdiction of the courts in Gdynia/Poland.


You agree to waive any rights in civil or common law, to object to markarbor.com sole right to designate arbitration as a means of alternative dispute resolution. Should markarbor.com elect to resolve such dispute by arbitration, the place of arbitration shall be the Republic of Poland, and the law applicable to the arbitration procedure shall be determined by the laws of the Republic of Poland.


The award of the arbitrator shall be final and binding and not subject to review by any court. You agree that you will file any dispute you have with markarbor.com within one (1) month of the time that such claim arises and that any disputes raised by you later are forever barred. You agree that you waive any entitlement, at law or equity, to a longer period to raise such disputes.




17. MISCELLANEOUS PROVISIONS

Failure of markarbor.com to enforce any of the provisions set out in these Terms of Use, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms of Use or any part thereof, or right thereafter to enforce every provision.


If any provision or part thereof, including this dispute provision, is determined by a court or arbitrator to be inapplicable or invalid, you agree that the remainder shall still be given full force and effect to retain the maximum application of the intent of the provision. When you visit the website or send emails to markarbor.com, you are communicating with markarbor.com electronically.


We may respond to you by email or by posting notices on the site. You agree that all such notices, disclosures and other communications that markarbor.com provides to you electronically satisfy any legal requirement that such communications be in writing.




18. SECURITY

We use technical and organisational security measures to protect any data against accidental or unlawful destruction, loss or alteration and against unauthorised disclosure or access. Any information provided by you via www.markarbor.com submission and/or contact forms is not collected and kept in any database.


The information you provide serves its purpose only as a form of contacting a client or a visitor regarding a raised query. The same applies when submitting a demo song via the submission form.




19. ADDITIONAL INFORMATION

If any of the previously mentioned paragraphs do not answer all of your questions concerning our Terms & Conditions, or you would like to receive more information regarding the Terms & Conditions, please refer to the email address info@markarbor.com for more details.