Ark's Terms and Conditions of Use ("Terms") govern our relationship with Ark's users and others who interact with Ark. By using or accessing Ark in any way, you agree to these Terms in their entirety.
2. Sharing Content and Information
You own all of the content and information you post on Ark and you are responsible for all content that you post. In addition:
2.1 For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Ark ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
2.2 When you delete IP content, that content may persist in backup copies for a reasonable period of time (but will not be available to others).
2.3 When you publish content or information using the "everyone" setting or use the Ark Facebook Shared Links application to post information to Facebook, it means that you are allowing everyone, including people outside of the Ark website, to access and use that information, and to associate it with you (i.e., your name and profile picture).
2.4 We always appreciate your feedback or other suggestions about Ark, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
3. Safety and Internet Security
We do our best to keep Ark safe and secure, but given the open nature of our website, we cannot always guarantee that it will be. In order to keep Ark safe and secure, you agree to the following:
3.1 You will not send or otherwise post unauthorized commercial communications (such as spam) on Ark.
3.2 You will not collect users' content or information, or otherwise access Ark, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
3.3 You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Ark.
3.4 You will not upload viruses or other malicious code.
3.5 You will not solicit login information or access an account belonging to someone else.
3.6 You will not bully, intimidate, or harass any user.
3.7 You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
3.8 You will not post content containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions.
3.9 You will not offer any contest, giveaway, or sweepstakes ("promotion") on Ark without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow any Ark guidelines we provide you with and all applicable laws.
3.10 You will not use Ark to do anything unlawful, misleading, malicious, or discriminatory.
3.11 You will not do anything that could disable, overburden, or impair the proper working of Ark, such as a denial of service attack.
3.12 You will not facilitate or encourage any violations of these Terms.
4. Registration and Account Security
We want Ark users to feel comfortable in providing their real names and other information. As such, you agree to the following:
4.1 You will not provide any false personal information on Ark, or create an account for anyone other than yourself without permission.
4.2 You will not create more than one personal profile.
4.3 If we disable your account, you will not create another one without our permission.
4.4 You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
4.5 You will not use Ark if you are under the age of 13. If you have children under the age of 13, you agree not to assist or permit them to use Ark.
4.6 You will not use Ark if you are a convicted sex offender.
4.7 You will keep your contact information accurate and up-to-date.
4.8 You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
4.9 You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
4.10 If you select a username, e-mail address, subdomain or URL for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
5. Protecting the Rights of Others
We respect the rights of people, organizations and other entities.
5.1 You will not post content or take any action on Ark that infringes or violates someone else's rights or otherwise violates the law.
5.2 We can remove any content or information you post on Ark if we believe that it violates these Terms.
5.3 We will provide you with tools to help you protect your intellectual property rights. To learn more, please visit our Intellectual Property Infringement page.
5.4 If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal to this e-mail address: firstname.lastname@example.org.
5.5 If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
5.6 You will not use our copyrights or trademarks (including, but not limited to, Ark, the Ark Logos), or any confusingly similar marks, without our written permission.
5.8 You will not post anyone's identification documents or sensitive financial information on Ark.
5.9 You will not tag users or send email invitations to non-users without their consent.
6. Using Ark Applications
6.1 By using using Ark's website and Ark's Facebook Shared Links application, you agree to be bound by the terms of Facebook's Statement of Rights and Responsibilities and all other applicable Facebook Terms, Conditions, Guidelines and Policies.
6.2 By using Ark's Google Search application, you agree to be bound by Google's Terms of Service and all other applicable Google Terms, Conditions, Guidelines and Policies.
6.3 By accessing any of Ark's shopping partners through Ark's website, including but not limited to Amazon.com, eBay, Expedia, Gamefly, Groupon, Hotwire, iTunes, Kayak, Macy's and Office Depot, you agree to be bound by all applicable Terms, Conditions, Guidelines and policies of those websites.
6.4 By using Ark's Google Search Application, you agree that you will not fraudulently click on advertisements solely for the purpose of increasing your Ark earnings. Doing so may result in termination of your Ark account.
6.5 When using Ark's Facebook Shared Links application, you agree not to request clicks or come to any agreement with other Facebook users to secure fraudulent clicks solely for the purpose of increasing your Ark earnings.
7. Interacting with Ark via Mobile Devices
7.1 Any mobile services we offer may be free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.
7.2 In the event you change or deactivate your mobile telephone number, you will update your account information on Ark within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
7.3 You provide all rights necessary to enable users to sync (including through an application) their contact lists with any basic information and contact information that is visible to them on Ark, as well as your name and profile picture.
8. About Advertisements on Ark
Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:
8.1 You can use your Facebook privacy settings to limit how your name and profile picture may be associated with commercial or sponsored content served by us. You give us permission to use your name and profile picture in connection with that content, subject to the limits you place.
8.2 We do not give your content or information to advertisers without your consent.
8.3 You understand that we may not always identify paid services and communications as such.
9. Special Provisions Applicable to Advertisers
You can target your specific audience by buying ads on Ark. The following additional terms apply to you if you place ads on Ark.com:
9.1 We will determine the size, placement, and positioning of your ads.
9.2 We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.
9.3 We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads.
9.4 Our license to run your ad will end when the term of our advertising agreement has ended. You understand, however, that if users have interacted with your ad, your ad may remain until the users delete it.
9.5 We can use your ads and related content and information for marketing or promotional purposes.
9.6 You will not issue any press release or make public statements about your relationship with Ark without written permission.
9.7 We may reject or remove any ad for any reason.
If you are placing ads on someone else's behalf, we need to make sure you have permission to place those ads, including the following:
9.8 You warrant that you have the legal authority to bind the advertiser to these Terms.
9.9 You agree that if the advertiser you represent violates these Terms, we may hold you responsible for that violation.
10. Ark's Donations to Causes
Ark's primary mission is the donation of revenue generated by its users to the causes they care about. The following terms govern Ark's donations:
10.1 Users' "Balance," "Earned" and "Donated" dollar amounts are good-faith software projections of how much money users have earned and donated based on their usage of the Ark website and its partners. Should Ark not receive payment from its partners for any user activity for any reason, including but not limited to click-fraud or cancellation of purchases, Ark is not responsible for making any donation based upon that activity and reserves the right to modify those dollar amounts accordingly. Ark is responsible for donating money only for user activity for which it actually receives funds from its partners and amounts donated will be adjusted accordingly if Ark receives only partial payment.
10.2 All dollar amounts listed on Ark.com, Inc. represent United States Dollars.
10.3 Although many fundraising transactions may appear rapid or instantaneous to our users, Ark's donations are made to our causes at the end of every quarter. The "Donated" field on our website merely indicates that the user has designated funds for donation to a particular cause, and in no way reflects when the cause actually receives these funds. Furthermore, as stated elsewhere in these Terms, the dollar amounts in the "Balance," "Earned," and "Donated" fields are all good-faith software projections of the funds user activity has created and are subject to change should Ark for any reason not receive these funds, or receive only partial funds from its partners.
10.4 In order that Ark may obtain important tax documentation from causes and charities, and for other administrative reasons, Ark will make a donation only at the end of quarters in which a specific cause or charity’s account reaches or exceeds an outstanding balance of $40. If at the end of any given quarter a specific cause or charity’s account has yet to reach the minimum donation threshold, Ark shall continue to maintain a cumulative record of that account until such time as that specific cause or charity’s account reaches or exceeds an outstanding balance of $40.
Example: Cause A has an outstanding balance at the end of Q1 of $25. Because its outstanding balance has not reached the minimum donation threshold of $40, Ark will withhold donation for Q1. If at the end of Q2 Cause A has received an additional $25 in donations and has an outstanding balance of $50, Ark will donate that full amount of $50 to Cause A, leaving an outstanding balance of $0. If at the end of Q3, Cause A has a balance of $25, Ark will withhold donation until the end of the next quarter in which that account again reaches or exceeds $40.
10.5 Although Ark donates certain percentages of user-generated funds to the causes users designate, all user-generated funds are considered the wholly-owned revenue of Ark and all donations are considered donations directly from Ark to the designated causes. Users have no legal claim to redeem these funds from Ark, nor any legal claim to exert control over these funds in any way. Users must be aware that they may not legally attempt to deduct from their taxes any amounts "donated" on Ark and that to do so may be illegal in the user's tax jurisdiction.
10.6 The percentages of Ark revenue that Ark donates to causes varies with the method of revenue creation, as well as the specific arrangement between Ark and any given partner. Ark reserves the right to modify its partnerships and the percentages of user-generated revenue that it donates at any time and for any reason that it deems necessary to its business. Such changes shall not, however, apply retroactively to previously-generated user funds.
10.7 Amounts that users earn while using the Ark Google Search application and the Ark Facebook Shared Links application are subject to, and fluctuate with, a variety of market factors. Ark does not guarantee users will earn any specific dollar amounts from their use of the Ark Google Search application or the Ark Facebook Shared Links application.
Ark reserves the right to change these Terms at any time by modifying this agreement on our website. We may make changes at any time for legal or administrative reasons, or to correct an inaccurate statement.
If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Ark to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time, although you and your account are still subject to the terms of this agreement for any reason or cause of action arising out of the pre-existing relationship between yourself and Ark.
13.1 You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to these Terms or Ark exclusively in a state or federal court located in San Francisco County. The laws of the State of California will govern this agreement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in San Francisco County, California for the purpose of litigating all such claims.
13.2 If anyone brings a claim against us related to your actions, content or information on Ark, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
13.3 WE TRY TO KEEP ARK UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING ARK "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT ARK WILL BE SAFE OR SECURE. ARK IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR ARK, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR ARK WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, ARK'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
14. Special Provisions Applicable to Users Outside the United States
Ark welcomes international participation in our causes while respecting local laws. The following provisions apply to users residing outside of the United States:
14.1 You consent to having your personal data transferred to and processed in the United States.
14.2 If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on Ark (such as advertising or payments) or operate a Platform application or website.
14.3 Certain specific terms that apply only for German users are available here.
15.1 By "Ark" we mean the features and services we make available, including through (a) our website at www.ark.com and any other Ark branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Ark Facebook application available for installation with Facebook accounts at www.facebook.com; (c) our Platform; and (d) other media, software (such as a toolbar), devices, or networks now existing or later developed.
15.2 By "Platform" we mean a set of APIs and services that enable others, including application developers and website operators, to retrieve data from Ark or provide data to us.
15.3 By "information" we mean facts and other information about you, including actions you take.
15.4 By "content" we mean anything you post on Ark that would not be included in the definition of "information."
15.5 By "data" we mean content and information that third parties can retrieve from Ark or provide to Ark through our Platform.
15.6 By "post" we mean post on Ark, post on Facebook through Ark or otherwise make available to us (such as by using an application).
15.7 By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
15.8 By "active registered user" we mean a user who has logged into Ark at least once in the previous 30 days.
15.9 By "application" we mean any application or website that uses or accesses the Platform, as well as anything else that receives data from us.
16.1 This agreement between you and Ark.com, Inc. References to "us," "we," and "our" mean Ark.com, Inc.
16.2 These Terms makes up the entire agreement between the parties regarding Ark, and supersedes any prior agreements.
16.3 If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect.
16.4 If we fail to enforce any of these Terms, it will not be considered a waiver.
16.5 Any amendment to or waiver of these Terms must be made in writing and signed by us.
16.6 You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
16.7 All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
16.8 Nothing in these Terms shall prevent us from complying with the law.
16.9 These Terms do not confer any third party beneficiary rights.