Legal

Arx ("Arx.onl" or "we") offers a solution which enables its users, including graduate students and academics, to create academic profile pages, to accelerate research by creating and sharing research content, to connect with other users around the world including to those with the same or similar research interests through our website, accessible at Arx.onl (the "Site"). Please read carefully the following terms and conditions ("Terms") and our Privacy Policy, which is incorporated by reference into these Terms. These Terms govern your access to and use of the Site, Services and Collective Content (defined below), and constitute a binding legal agreement between you and Arx.onl.

ARBITRATION NOTICE: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING TO RESOLVE ANY DISPUTE BETWEEN YOU AND ARX.ONL THROUGH INDIVIDUAL AND FRIENDLY ARBITRATION RATHER THAN IN COURT.

Key Content-related Terms

“Content” means text, graphics, images, music, software, audio, video, information or other works of authorship.

“Arx.onl Content” means Content that Arx.onl makes available through the Site or Services, including any Content licensed from a third party, but excluding “Member Content”.

“Member” means a person who completes Arx.onl’s account registration process, as described under the “Account Registration” section below.

“Member Content” means Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site or Services.

“Collective Content” means, collectively, Arx.onl Content and Member Content.

Certain areas of the Site (and your access to or use of certain Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Services or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services or Collective Content, as applicable.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR BY USING THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY, THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED ON OR THROUGH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES, OUTPUT OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company, university or other legal entity, you represent and warrant that you have the authority to bind that company, university or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

Modification

Arx.onl reserves the right, at its sole discretion, to modify the Site, Services and these Terms, at any time and without prior notice. If we modify these Terms we will post the modification on the Site. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.

Eligibility

The Site and Services are intended solely for persons who are 18 years of age or older. Any access to or use of the Site or Services by anyone under the age of 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 years of age or older.

Account Registration

In order to access certain features of the Site and Services and to post any Member Content on the Site or through the Services you must register to create an account (“Account”) and become a Member.

You may register directly via the Site. During the registration process, you will be required to provide certain information and you will establish a username and a password.

You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Arx.onl reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Arx.onl of any unauthorized use of your Account.

Privacy

See Arx.onl’s Privacy Policy for information and notices concerning Arx.onl’s collection and use of your personal information.

Payments

Arx.onl may offer you the ability to access certain features through an annual donation payment (“One Time Payment Donation”).

When you make a donation, you expressly authorize us (or our third party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including, without limitation, your credit card number, the expiration date of your credit card, your billing address and additional information to verify your identity before completing your Transaction (such information, "Payment Information"). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize our third party payment processor to store your Payment Information to complete your Transactions. Further, as part of our order processing procedures, we may screen orders for fraud or other undesirable activity. If we feel an order could be fraudulent, unauthorized, or illegal, we reserve the right to refuse to process that order. We may in our discretion change the Payment terms by providing you with a notice sent to your email address on file with us. It is your duty to keep your email address current. If you do not agree to any changes that we notify you about, you no longer have the right to use our Services, and you must cancel your Membership. Your failure to cancel your Membership constitutes your acceptance of the changes.

Whatever the amount of your donation, you will have the right to use Arx.onl for ONE year starting from the day of your donation. At the end of the year you may want to make another donation for another year.

Once they are made, donations are NOT refundable in any case.

If we believe, in our sole discretion, that any Member of Arx.onl or other Arx.onl paid services is in breach of our Terms, or acting outside of the letter or spirit of our Terms, we reserve the right to add limitations to your access to Arx.onl, up to and including terminating all access to Arx.onl.

Ownership

The Site, Services and Collective Content (and Output (as defined below), as applicable) are protected by copyright, trademark, and other laws of Japan and foreign countries. You acknowledge and agree that the Site, Services, Collective Content and Output, including all associated intellectual property rights, are the exclusive property of their respective owners and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Collective Content.

License granted by Member

We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making any Member Content available through the Site or Services, you hereby grant to Arx.onl a worldwide, irrevocable, royalty-free, non-exclusive, transferable license to exercise any and all rights under copyright, in any medium, and to authorize others to do the same.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site or Services. Accordingly, you represent and warrant that:

(i) you either are the sole and exclusive owner of all Member Content that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to Arx.onl the rights in such Member Content, as contemplated under these Terms;

(ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Arx.onl's use of the Member Content (or any portion thereof) on, through or by means of the Site or Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site or Services ("Feedback"). You may submit Feedback by emailing us at we@arx.onl . You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use your Feedback.

General Prohibitions

You agree not to do any of the following:

Post, upload, publish, submit or transmit any Content or submit any input that:

(i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;

(ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;

(iii) is fraudulent, knowingly false, misleading or deceptive;

(iv) is defamatory, obscene, pornographic, vulgar or offensive;

(v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;

(vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity;

(vii) promotes illegal or harmful activities or substances;

Use the Services or any Output in a manner that violates the usage policies of any third party services providers to Arx.onl's whose services are used by Arx.onl;

Utilize Outputs to create datasets for benchmarks for any commercial purpose;

Disclose information that you do not have the right to disclose (such as confidential information of others (including your employer);

Use, display, mirror or frame the Site, or any individual element within the Site or Services, Arx.onl's name, any Arx.onl trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Arx.onl's express written consent;

Access, tamper with, or use non-public areas of the Site, Arx.onl's computer systems, or the technical delivery systems of Arx.onl's providers;

Attempt to probe, scan, or test the vulnerability of any Arx.onl system or network or breach any security or authentication measures;

Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Arx.onl or any of Arx.onl's providers or any other third party (including another user) to protect the Site, Services or Collective Content;
Scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);

Sell, sponsor, or otherwise monetize any feature of the Services, without Arx.onl's consent;

Attempt to access or search the Site, Services or Collective Content or download Collective Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Arx.onl or other generally available third party web browsers;

Use bots or other automated methods to access the Services, add or download contacts or profile information;

Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

Use any meta tags or other hidden text or metadata utilizing a Arx.onl trademark, logo URL or product name without Arx.onl's express written consent;

Use the Site, Services or Collective Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;

Access the Services except through the interfaces expressly provided by Arx.onl;

Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Collective Content to send altered, deceptive or false source-identifying information;

Attempt to decipher, decompile, disassemble or reverse engineer, engage in any adversarial attacks, or otherwise attempt to derive or gain improper access to any of the software, components, models, algorithms or systems used to provide the Site, Services or Collective Content;

Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Services;

Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;

Impersonate or misrepresent your affiliation with or endorsement by any person or entity, including Arx.onl;

Violate any applicable law or regulation; or

Encourage or enable any other individual to do any of the foregoing.

Arx.onl will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Arx.onl may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Arx.onl has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Arx.onl reserves the right, at any time and without prior notice, to remove or disable access to any Content, including, but not limited to, Collective Content that Arx.onl, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Site or Services.

Copyright Policy

Arx.onl respects copyright law and expects its users to do the same. It is Arx.onl’s policy to terminate, in appropriate circumstances, Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

Links

The Site or Services may contain links to third-party websites or resources. You acknowledge and agree that Arx.onl is not responsible or liable for:

(i) the availability or accuracy of such websites or resources; or

(ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Arx.onl of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products, or services on or available from such websites or resources.

Termination and Account Cancellation

Arx.onl reserves the right, at its sole discretion, to discontinue or terminate the Site and Services and to terminate these Terms, at any time and without prior notice. Arx.onl will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. Arx.onl reserves the right to revoke your access to and use of the Site, Services, Content and Collective Content at any time, with or without cause. You may request to cancel your Account at any time sending an email to we@arx.onl.

Disclaimers

THE SITE, SERVICES, OUTPUT AND COLLECTIVE CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ARX.ONL EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ARX.ONL MAKES NO WARRANTY THAT THE SITE, SERVICES, OUTPUT OR COLLECTIVE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ARX.ONL MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OUTPUT OR COLLECTIVE CONTENT PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE, SERVICES OR OUTPUT.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ARX.ONL OR THROUGH THE SITE, SERVICES, OUTPUT OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT ARX.ONL DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE OR SERVICES, NOR DOES ARX.ONL MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES. ARX.ONL MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

Indemnity

You agree to defend, indemnify, and hold Arx.onl, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use or misuse of the Site, Services, Collective Content, your Output or their processing or use by Arx.onl, or your violation of these Terms.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES, COLLECTIVE CONTENT AND OUTPUT REMAINS WITH YOU. NEITHER ARX.ONL NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES, COLLECTIVE CONTENT OR OUTPUT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, COLLECTIVE CONTENT OR OUTPUT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, WHETHER OR NOT Arx.onl HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND WHETHER OR NOT FORESEEABLE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL ARX.ONL'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, COLLECTIVE CONTENT OR OUTPUT EXCEED THE GREATER OF "ONE THOUSAND JAPANESE YEN" (1.000 JPY). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ARX.ONL AND YOU.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Arx.onl used herein are trademarks or registered trademarks of Arx.onl. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Arx.onl and you regarding the Site, Services, Collective Content and Output, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Arx.onl and you regarding the Site, Services, Collective Content and Output.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Arx.onl’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Arx.onl may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Arx.onl

(i) via email (in each case to the address that you provide); or

(ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Dispute Resolution

Mandatory Arbitration of Disputes.
We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be resolved solely by binding, individual arbitration and not in a class or representative proceeding. You and Arx.onl are each waiving the right to a trial by jury, or to participate in a class action. This arbitration provision shall survive termination of these Terms.

Pre-Arbitration Notice and Informal Resolution.
Before either party may initiate arbitration, the party must first provide the other with a written 'Notice of Dispute' that includes the claimant's name, account information, an individualized description of the dispute, the claimant's specific alleged injury, and the relief sought. Notices to Arx.onl must be sent to we@arx.onl. Notices to you will be sent to the email address on file for your account. The parties shall attempt in good faith to resolve the dispute informally. If the dispute is not resolved within sixty (60) days after receipt of the Notice of Dispute, either party may commence arbitration.

Class Action Waiver.
YOU AND ARX.ONL AGREE THAT NEITHER PARTY MAY ASSERT CLAIMS AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Severability

With the exception of any of the provisions in the Class Action Waiver section above, if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Waiver

The failure of Arx.onl to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Arx.onl. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contacting Arx.onl

If you have any questions about these Terms, please contact Arx.onl at we@arx.onl.
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