Terms & Conditions
These Terms and Conditions (“Terms”) apply to the ARC Association (“ARCA”), an association organized under the laws of Switzerland and domiciled in Geneva. ARCA owns and operates the site (“Site”) found at www.arcassociation.org. ARCA is the headquarters of what over time will be a federated system of chapters and affiliates with the mission of providing everyone in the world with digital identity independence. The path toward that independence begins with becoming a member of ARCA and receiving your unique digital identifier, your ARCid.
By accepting these Terms, you, the visitor to this website, including a member (collectively for purpose of these Terms, “you” or “your”), confirm that you have unlimited capacity to act and are of legal age to enter into a binding contract. By registering on the Site to obtain an ARCid or signing any contracts and agreements, you declare that all information provided is true, up-to-date and in accordance with the rights of third parties, good morals, and the law.
1. Membership & Membership Fees
Membership in the Association is voluntary and may be terminated by the member at any time and for any reason. Members are encouraged to read carefully all documents and understand the consequences of membership termination. The Association cannot provide legal, tax, or other fiscal advice.
Becoming a member includes accepting and abiding by the membership agreement and our Articles of Association (“Articles”). In return, members receive both the ARCid and - at such time as ARCA introduces such operations and services - the opportunity to participate in the governance of ARCA and to engage in dialogue and proposals on any Association communication platforms under any Community Guidelines for doing so. All of those activities, and any related activities or services (collectively, “Services”), are governed by these Terms, which incorporate by reference the membership agreement and the Articles. Nothing in these Terms may be construed in a manner that contravenes the membership agreement or the Articles.
ARC Association reserves the right to revise and amend the membership agreement.
Given ARC Association’s global mission, membership is not denied to anyone. However, membership can be revoked for violations set forth in the Articles. There are no refunds or prorating of the membership fee in case of any termination. Please consult the Termination section below.
Subject to other services or offerings, such as any offerings that relate to an ARCA chapter or affiliate in another country, all fees are quoted in Swiss francs (CHF) unless otherwise expressly stated. All prices or fees cited anywhere for Services or other offerings are exclusive of any applicable value added tax (VAT). The Association reserves the right to change prices at any time but only in compliance with the Articles. The member fee in effect at the time the member completes all steps necessary to becomes a member applies to that member. Any price increase shall apply to the following year.
Renewal of memberships shall be automatic and charged to your method of payment unless we hear otherwise from you.
There shall be no paper invoice. All transactions and payments shall be through the means by which you registered for membership and received your ARCid unless otherwise stated in the membership agreement documents or unless we hear otherwise from you.
2. Late Payments, Suspension & Termination of Membership
Because membership is tied to our mission of infusing humanity and human rights in our digital lives, termination of members is not a trivial matter. Our Articles speak to this important issue and should be reviewed carefully before choosing to become a member. Generally speaking:
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We may attempt to reach you to inform you of any failure of payment or other barrier to renewing your membership. It is your responsibility to maintain accurate records with us of how to reach you.
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Membership will be terminated only for a serious violation of the membership agreement, which necessarily implicates a serious violation of the Articles.
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Membership is suspended, not terminated, for members who fail to pay the renewal membership fee within one hundred twenty (120) days of the date on which ARCA first sends notice of non-payment (“Suspension”). Rights and functionality of the ARCid may be limited during the Suspension period.
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Termination, including a voluntary one, does not remove the (former) member or the ARCid from the Registry; however, voting rights and any monetization rights including revenues associated with the ARCid cease to exist.
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There are no refunds of the annual membership fee for any reason.
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There is no prorating of the membership fee.
ARC Association has the right but not the obligation to cease providing Services in the event of an extended period of default in Member’s payment of the annual membership fee. The Association’s failure to timely enforce Suspension or termination shall not constitute a waiver of any other rights the Association may have.
3. The Registry & Use of the ARCid
The Association’s mission and purpose include building and maintaining the Registry to empower digital identity independence, as well as providing a public service to show that digital identity independence is not just possible but a matter of right.
What members choose to do with their ARCid, and whatever content may be associated with it, is a matter solely and exclusively within the discretion of the member. ARC Association is not responsible for how members choose to live their digital lives. You agree that ARCA is not legally or morally responsible for how any ARCA member chooses to use the ARCid.
4. Ethical Licensing Principles
The Association was created to educate about the importance and necessity of human rights in digital worlds and empower digital identity rights and independence. An important aspect of that mission is honoring that the creator of content is entitled to be asked whether and how that content may be used by others. This is what we call ethical licensing. Members agree to respect and uphold the ethical licensing principles, including signing our Ethical Licensing Agreement.
5. Obligations of ARC Association
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Educate the general public around the humanitarian mission of digital human rights and the integrity and independence to which every human is entitled in their digital lives
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Amplify the mission through expanding the Association’s reach in various countries
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Seek donations, sponsorships, grants and other resources to (i) pursue the mission and (ii) allow for anyone in the world to obtain the benefits of membership such that payment of a fee does not preclude a person’s having digital identity independence with an ARCid
6. Obligations of a Member
The member is obliged to act pursuant to the membership agreement. In addition, a member agrees to conform to community guidelines in place on any Association communication platforms. In addition, the member:
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is prohibited from submitting or displaying in any way, in any Service, confidential information of itself or a third party
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is solely responsible to ensure safe storage of any profile information and passwords
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is obliged to cooperate comprehensively and promptly with requests from the Association
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shall provide the Association with accurate information when requested
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shall send any updated contact information to the Association to ensure timely receipt of communications from the Association to the member
7. Warranty regarding this Website
Although ARC Association makes every effort to make this Site available and takes reasonable steps to project the Site from harm or interference from third parties, we do not guarantee that all information on it may be free from errors.
The Association makes no warranty for non-spamming, harmful software, spyware, hackers or phishing attacks, and similar interference that may impair the use of the Services or damage the infrastructure on which Services are provided to you, including this Site.
We make every effort to ensure the content on the Site is accurate at the time of publication, to the best of our knowledge, we but do not guarantee the accuracy, completeness, reliability or quality of the information and services made available, published or transmitted, or the results of the work on the Services.
If you become aware of a problem or defect, please report it to us immediately.
8. Liability
The liability for any indirect damages and consequential damages relating to the Services is excluded.
Liability for direct damages is limited to the sum of the Service purchased by the member. This limitation of liability does not apply to direct damages caused by gross negligence or willful bad intent. The member or partner is obliged to report any damage to the legal contact immediately. In all cases, any Association liability for third persons, including other members, is completely excluded.
9. Intellectual Property
The Association is entitled to all rights comprising and relating to the Services; any trademarks on this Site are the intellectual property of their respective owners. Neither these Terms nor the associated agreements (including for the avoidance of doubt the membership agreement) authorize a transfer of intellectual property rights unless such a transfer is explicitly mentioned. In addition, any further use, publication and making accessible information, images, texts or other material received by the member or visitor to this Site in connection with these provisions is prohibited, unless explicitly approved by the Association.
If the member or visitor to this Site uses contents, texts or pictorial material in connection with the Association on which third parties have a property right, the member or partner must ensure that no property rights of third parties are infringed. The Ethical Licensing Agreement may include more obligations and requirements regarding intellectual property rights of members.
10. Validity of these Terms
In the event a provision of these Terms, or a supplement to them, is or becomes invalid, such finding of invalidity shall not affect the validity of the remainder of the Terms. The contracting parties shall replace the invalid provision by a valid provision that comes as close as possible to the intended economic purpose of the invalid provision. The same shall also apply to any gaps in the Terms.
11. Confidentiality
Members agree to respect confidentially obligations regarding information submitted or appropriated in connection with the Services. This obligation shall remain in force even after termination of the Terms.
12. Applicable law/place of jurisdiction
These Terms are subject to Swiss law. If no mandatory legal provisions take precedence, such as in the Articles of Association, the court at the registered office (canton of Genève) of ARC Association shall have jurisdiction.