Arbopals Terms of Use

Updated June 16, 2010

Welcome to the Arbopals Website and Virtual World (the “Site”). The Site is owned and operated by Arbopals Inc., an Ontario corporation based in Toronto, Ontario, Canada (“Arbopals”).

These Terms of Use are an agreement between you and Arbopals providing the terms and conditions on which you may use the Site. The Terms of Use incorporate: (i) the Arbopals Privacy and Security Policy which contains additional terms and conditions related to the collection, use and disclosure of your personal information; and (ii) the Arbopals Membership Cancellation and Merchandise Exchange Policy which contains additional terms and conditions related to the purchase, sale and cancellation of Memberships and the purchase, sale and exchange of Merchandise.

Please read these terms carefully. By visiting, signing in to, joining to become a member of, purchasing Arbopals merchandise or subscriptions and/or otherwise using the site you confirm that you have read, understood and agreed to be bound by these terms of use.

If you are a parent or guardian and you have consented to your child’s use of the site you agree to be bound by these terms of use in respect of your child’s use of the site.

Ownership of Site Contents

1. Except where otherwise identified, the entire contents of the Site, including, but not limited to, text, logos, icons, graphics, designs, applications, data, names, photographs, software, trademarks, trade names or service marks, User Content and Premium Content (collectively, the “Site Contents”) belong to and are the exclusive property of Arbopals. The Site Contents are protected by and subject to copyright and trademark laws and other applicable laws and treaties in Canada and other jurisdictions in the world. 

User Accounts, User Content, Premium Content and Memberships

2. Certain activities on the Site, such as playing in the Arbopals Virtual World or purchasing an Arbopals membership (“Membership”), require you to create a user account (“User Account”) under an Arbopal user name (“Arbopal Name”). You agree to provide current true, accurate and complete information about yourself as requested and not to impersonate someone else or misrepresent your identity by using another person’s Arbopal Name, password, or other User Account information.
3. Certain activities and areas of the Site allow you to submit information, text, artwork, music and other similar materials created by you (collectively “User Content”). User Content does not include personal information submitted by you in creating a User Account or Membership. By submitting User Content to Arbopals, you hereby represent and warrant that: (i) you have all rights in and to such User Content; (ii) the User Content does not infringe any proprietary or other rights of other persons; and (iii) the User Content is not libelous, tortious or otherwise unlawful in content. Arbopals reserves the right to refuse to accept any User Content.
4. By submitting User Content to Arbopals, you hereby agree to: (i) transfer to Arbopals, irrevocably, in perpetuity and free of charge, all of your rights and interest in the User Content, and to waive on the same terms any moral or author’s rights you may have in the User Content, including any right to attribution. To the extent any User Content is held to be non-transferable by law, you hereby grant (or warrant that the owner of such rights has expressly granted) to Arbopals, a worldwide, royalty-free, perpetual, irrevocable and non-exclusive right and licence to use, reproduce, modify, sublicense, edit, adapt, publish, translate, broadcast, create derivative works from, distribute, perform, display and publicize such User Content anywhere, for any purpose and in any form, through any media or technology now known or later developed, without any compensation to you.
5. In order to access certain additional activities, locations and features on the Site (“Premium Content”) you may be required to purchase a Membership. By purchasing a Membership you agree you that you have read, understood and are bound by Arbopals’ Membership Cancellation and Merchandise Exchange Policy and the Terms and Conditions of Sale on the Arbopals Shop and Payment pages.

User Licence

6. Provided you comply with these Terms of Use, Arbopals grants you a limited right to access and use the Site, including the Site Contents, solely for personal, informational, or entertainment purposes and not for any commercial purposes (the “User Licence”). If you have purchased a Membership, your User Licence extends to the Premium Content offered by the Membership for the duration of the Membership. You agree not to use, reproduce, modify, sublicense, edit, adapt, publish, translate, broadcast, create derivative works from, distribute, perform, display and publicize any of the Site Contents anywhere, for any purpose and in any form, through any media or technology now known or later developed without the prior written consent of Arbopals.

User Rules of Conduct

7. By Using the Site you agree to the following rules of conduct (“Rules of Conduct”). You must not:
1. Use the Site in such a way as to offend or interfere with the use of the Site by other users;
2. Upload, submit, publish, transmit, display, disseminate or otherwise communicate any materials while connected to or otherwise using the Site that: (i) are defamatory, libelous or inaccurate, (ii) are abusive or threatening towards or invade the privacy of any third party, (iii) which are offensive, obscene or pornographic; (iv) infringe the intellectual property rights, including copyrights, of any third party; and/or (v) violate any law or regulation;
3. Reveal personal information to other users online;
4. Try to circumvent the security systems of the Site, gain access to this Site in a fraudulent manner; or use the Site in a fraudulent manner;
5. Try to gain access to other User Accounts, passwords, and/or personal information by any means whatsoever, including without limitation, by use of the Site or any other Site, or by e-mail communication;
6. Try to use the Site for any purposes other than those intended by Arbopals;
7. Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality of the Site.

Right to Modify, Change or Discontinue

8. Arbopals has the right to vary, modify, change or discontinue: (i) any feature or function offered on the Site; (ii) any part or all of the Site, including the hours the Site is available; (iii) to restrict access to parts or all of this Site from time to time with or without notice to you; and (iv) to change the cost of Memberships and/or Merchandise sold on the Site, including changes due to any applicable taxes. In order to obtain and access parts of this Site, including upgrades, you may be required, at your own cost, to install specific software on your computer.

Security

9. You are responsible for maintaining the confidentiality of the password associated with your User Account, and for all activities that occur through the use of your User Account and Membership. You agree to: (i) notify Arbopals immediately of any unauthorized use of your User Account or any other breach of security, and (ii) exit from your User Account at the end of each session. Arbopals will not be liable for any loss or damage arising from your failure to comply with these security requirements. You may be issued a new password or required to change your password from time to time.
10. Arbopals has put electronic and other procedures into place in order to help prevent unauthorized access, use and/or disclosure of any personally identifiable information that Arbopals may collect in relation to your User Account or Membership. Although Arbopals uses reasonable efforts to safeguard all personally identifiable information collected and processed, transmissions made on or through the Internet and personally identifiable information stored on our servers or the servers of third parties that we use are vulnerable to attack and cannot be guaranteed to be secure.

Suspension or Termination of User Accounts and Memberships

11. Arbopals reserves the right to suspend or terminate your User Account and/or Membership at any time without prior notice to you if Arbopals finds that you have in any way breached the Terms of Use, including the Rules of Conduct.
12. Arbopals may also immediately suspend or terminate your User Account and Membership if Arbopals ceases its operations including the operation of this Site without refunding Membership subscription fees or Merchandise purchased prior to the cessation of operations.

Disclaimers and Limitation of Liability

13. The Site Contents are provided to you on an “as is” basis without any warranties or representations of any kind, including any express or implied warranties of merchantability, non-infringement, fitness for a particular purpose, accuracy, or completeness.
14. Arbopals does not warrant that the Site or Site Contents will be available at any particular time, or that the Site or Site Contents will be provided without interruption or free of errors, or that the Site or Site Contents will be corrected if found to be defective. Arbopals reserves the right to modify and/or discontinue the Site and the Site Contents at any time without prior notice to you, irrespective of any representations or communications you may have had from the Arbopals’ customer service group or any Arbopals representative.
15. Arbopals does not warrant that the Site will work with any particular hardware or software systems or configurations or that the Site is free of viruses or other harmful components. If your use of the Site results in any costs related to the servicing, updating or replacing of your computer or related equipment or software, you alone and not Arbopals are responsible for those costs.
16. Subject to section 17, you hereby agree that arbopals, its officers directors, owners, employees, agents, representatives and assigns, shall not be liable for any claims, losses, demands or damages of any kind whatsoever arising out of or in connection with your use of the Site or the Site Contents, or the use of the Site or the Site Contents by any other users, including without limitation, any compensatory, general, special, aggravated, punitive, or consequential damages, whether such claims, losses, demands or damages were foreseeable, known or otherwise and whether they arise in contract, tort, negligence or under any other common law or statutory cause of action.
17. If Arbopals is found by a court of competent jurisdiction to have committed a material breach of these terms of use, you agree that the maximum liability of arbopals to you under any head of damages for such breach of contract is limited to the total amount paid by you for purchasing a membership or merchandise, or $10.00 (CAD), whichever amount is greater.

Indemnity

18. You hereby agree to indemnify, defend, and hold Arbopals, its officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use or claims arising from your use of the Site and/or your User Account. You shall use your best efforts to cooperate with Arbopals in the defence of any claim. Arbopals reserves the right to employ separate counsel and assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

Governing Law and Jurisdiction

19. These Terms of Use and the use of the Site are governed by the laws of the province of Ontario and the laws of Canada applicable therein. You agree that any action or proceeding brought by you against Arbopals arising out of or related to these Terms of Use shall be brought only in a court of competent jurisdiction located in the province of Ontario, Canada and that you hereby consent to the in personam jurisdiction and venue of the Ontario courts.

Amendments to Terms of Use

20. These Terms of Use, including the Arbopals Privacy and Security Policy, and the Arbopals Membership Cancellation and Merchandise Exchange Policy are subject to change or amendment from time to time at the sole discretion and option of Arbopals. Arbopals will notify you in advance of any material amendments to the Terms of Use. Any such material amendments to the Terms of Use will be effective thirty (30) calendar days following either our sending of an e-mail notice to you or our posting of notice of the changes on the Site. All other amendments are effective immediately upon posting of the updated Terms of Use on the Site.