Effective Date: June 2010
Arf Software Inc. ("Arf Software") is a developer of applications for the iPhone, iPod
touch and iPad (the "Applications").
supplements the End User License Agreement you consented to when you downloaded
one or more of the Applications from the Apple App Store (the "Apple EULA"). This
Arf Software is committed to protecting any personal information or data that you may
provide to us. In particular, we believe it is important for you to know how we treat such
carefully to understand your legal obligations in connection with the site, the
Applications, and the Recordings, and to understand our privacy practices.
Your use of this site, the Applications, and the Recordings is expressly conditional on
means by which the site, and/or the Applications were accessed, including, but not
limited to, through the URL address http://www.arfsoftware.com/, electronic mail or
links from another site.
Arf Software, including its successors, affiliates and assigns now existing or hereafter organized is the owner of all copyrights, trade secrets, or other intellectual property rights in this site. More specifically, all content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of us
and is protected by Canadian and international intellectual property and copyright laws.
Arf Software acknowledges that it does not own any intellectual property rights associated with the RecordingsJournal contained in editions of the Journal published prior to the Effective Date. You grant to us, and to any assignees of us, without charge, a worldwide, non-exclusive, irrevocable, assignable, perpetual and royalty-free licence to use or otherwise deal with any and all Recordings.
Arf Software does not collect any personally identifying information about you except
when specifically and knowingly provided by you (i.e. when you contact us through the
"Contact" section of our site). When you visit the site or send e-mails to us, you are
communicating with us electronically. You consent to receive communications from us
electronically. We will communicate with you by e-mail or by posting notices on this site
on our blog. We do not store any personally identifying information you may give us,
except to the extent necessary for back-ups and record keeping purposes.
What Arf Software's Applications do
One or more of the Applications may include the functionality for you to record, save,
upload, synchronize, transmit, share and/or disclose to others a voice recording made by
you (the "Recordings").
One or more of the Applications may also include the functionality for you to post
and/or link the Recordings to one or more third party social networking sites, and/or to
share the Recordings through e-mail and/or other data transfer mechanisms.
Sharing and/or Storing Recordings
We may share or store the Recordings using either our own storage facilities or through
the services of a third party provider ("Storage Services"). The Storage Services are
provided at our discretion. We may modify, suspend, or discontinue providing the
Storage Services at any time with or without notice to you. You agree that we will not be
liable to you or any third party for any modification, suspension, or discontinuance of
the Storage Services or for any loss of data in respect of the Storage Services.
Your Consent to Disclosure of Recordings
By clicking on the "I intend to save, upload, synchronize, transmit, share, post, link,
and/or disclose the Recordings" button at the time you purchased a license for one or
more of the Applications, you consent to the Storage Services.
Exclusion of Warranty
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. THE INFORMATION ON THIS SITE IS CHANGED PERIODICALLY. ARF SOFTWARE AND/OR ITS THIRD PARTY PROVIDERS AND DISTRIBUTORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. ARF SOFTWARE AND/OR ITS THIRD PARTY PROVIDERS AND DISTRIBUTORS DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. IN NO EVENT SHALL ARF SOFTWARE AND/OR ITS THIRD PARTY PROVIDERS AND DISTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE PRODUCTS AND SERVICES OBTAINED OR PROPOSED TO BE OBTAINED THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY USE OF OR INABILITY TO USE ANY DATA IN THIS SITE, OR THE PERFORMANCE OR NONPERFORMANCE OF ARF SOFTWARE OF ANY FUNCTION OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ARF SOFTWARE AND/OR ITS THIRD PARTY PROVIDERS AND DISTRIBUTORS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF, HOWEVER, DESPITE THE EXCLUSIONS CONTAINED IN THIS PARAGRAPH, ARF SOFTWARE AND/OR ITS THIRD PARTY PROVIDERS AND DISTRIBUTORS SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE FUNCTIONS OR USES OF THE SITE, THE LIABILITY OF ARF SOFTWARE AND/OR ITS THIRD PARTY PROVIDERS AND DISTRIBUTORS SHALL NOT EXCEED THE AMOUNT OF ANY SUBSCRIPTION FEES AND/OR SERVICE CHARGES PAID BY YOU TO ARF SOFTWARE FOR THE SERVICES AND/OR DATE WITH RESPECT TO WHICH LIABILITY IS FOUND.
We may occasionally release a Recording when release is appropriate to comply with
law or to protect the rights, property or safety of other licensees of the Applications, the
public, customers, or us, and our employees, agents, partners, affiliates, and associates. If
we were to merge with another entity or otherwise reorganize, the Recordings may be
transferred to the reorganized entity. You agree that we may make such disclosures and
agree that we will not be liable to you or any third party for such disclosure.
Mobile Network Operators and Text Messages
Some mobile network operators may prohibit or restrict the use of Voice over Internet
Protocol (VoIP) functionality over their network, such as the use of VoIP telephony over
a cellular network, and may also impose additional fees, or other charges in connection
with VoIP. Please review the terms of agreement with your operator.
If you wish to upload, transmit, share, and/or disclose Recordings to others via SMS or
MMS message, please note that standard text messaging rates or other carrier charges
may apply to such use.
If you choose to record, save, upload, synchronize, transmit, share and/or disclose
Recordings to others through third party content providers, including posting links to
the Recordings to one or more third party social networking sites ("Third Party Sites"),
you do so at your sole risk. We do not control the Third Party Sites and are not
responsible for their content. Functionality in the Applications to allow such recording,
saving, uploading, synchronizing, transmission, sharing and/or disclosing of Recordings
to others through Third Party Sites does not imply any endorsement of the material on
the Third Party Sites or any association with their operators. Other sites and service
providers follow different rules regarding the use and disclosure of personally
identifiable information and data that you submit to them. Please review the privacy
Links to other Websites/Content
This site may contain links to other websites. The fact that there are links to other
websites on this site is not an endorsement, authorization, or representation of our
affiliation or association with that other website. We do not exercise control over the
content of other websites. Other websites follow different rules regarding the use and
disclosure of personally identifiable information and data that you submit to them.
websites that you visit.
Kids and Parents
Kids: Be sure to ask your parents for permission before you send any information about
yourself to us or anyone else over the Internet.
Parents: Any Recordings from children are used by us only as outlined in this Terms of
Policy at any time.
Copyright © 2010-2016 Arf Software inc.