Terms of Service

1. The agreement

These Terms govern your use of ArcTV at arctv.net and any related application (the "Service"). By creating an account or using the Service you agree to these Terms and to our Privacy Policy and Copyright Policy, which form part of these Terms. If you do not agree, do not use the Service.

We may change these Terms. When we do, we will post the new version with a new effective date and, for account holders, ask you to accept it before you next create a series or upload. Continued use after that is acceptance.

2. Where the Service is offered

The Service is offered to people in Canada, the United States, Australia, New Zealand and Singapore. It is not directed at or marketed to people in the European Economic Area, the United Kingdom or Switzerland. If you access the Service from a place where it is not offered, these Terms still apply and you do so at your own risk.

3. Accounts and age

You must be at least 13 years old to use the Service. If you are under the age of majority where you live (19 in British Columbia), you may only create an account with the permission of a parent or guardian, who agrees to these Terms on your behalf.

You are responsible for your account and everything done with it. Keep your password private, use a real email address you control, and tell us at admin@arctv.net if you think your account has been used without your permission. You may not create an account for someone whose account we have terminated, and a person whose account we have terminated may not create another.

4. What you may upload

ArcTV hosts series made by their creators. You may upload a video only if you own it, or hold a licence that covers every part of it: the video, the audio, the music, the script, and the story it is based on. Adaptations of copyright-protected novels, web serials, comics, games or other works require the relevant permission, whether or not the visuals are original. The requirements below distinguish public-domain stories.

When you create a series, you must answer both rights questions:

• Who owns this series? Choose "I do" or "Someone else, I have their licence".
• Where does the story come from? Choose "Original", "Public domain" or "Adapted from another work".

You must provide the following information and documents for your answers:

A series cannot be submitted for approval until both questions are answered, all required information and documents are supplied, and you tick this confirmation: "My answers are true, my documents are genuine, and I am responsible for claims arising from my series or false answers or documents." You must tick the confirmation again whenever you change an answer or add, replace or remove a document. A previous confirmation does not cover changed answers or documents.

Choosing "Original" or "Public domain" does not remove your responsibility to hold rights in the video's other elements. If you identify a work as public domain, you are responsible for ensuring the version you use may be used in the countries where the Service is offered.

Submit complete, readable licence evidence as PDF, JPG/JPEG or PNG files, up to 10 MB each and up to ten files per evidence requirement. Include every page in order; images must not exceed 20 megapixels. Licence documents are private. Within the Service, only authorized moderators can view their contents; they are not published or made available to viewers or other creators. Storage and legally required disclosures are described in the Privacy Policy.

You may not upload content that is sexually explicit, that depicts graphic violence for its own sake, that harasses or threatens a person or group, that is spam or deceptive, or that is outside what the Service hosts. We decide what the Service hosts.

5. Your promises about your content

For everything you upload, you represent and warrant that:

• you own it or hold every licence needed to upload it and to grant us the licence in section 6;
• it does not infringe anyone's copyright, trademark, personality or privacy rights, and does not break any law;
• any audio tracks, subtitle files and metadata you upload with it are accurate about their language and origin; and
• you have any consent needed from people who appear in it or whose voices are used; and
• your rights answers are true, the licence and permission documents you submit are genuine, and you keep those answers and documents up to date.

You will indemnify Markflow, its directors, employees and contractors against any claim, loss, damages, cost or legal fee arising from your content or from a breach of these promises. We may take over the defence of any such claim, and you will cooperate with us if we do.

6. The licence you give us

You keep ownership of your content. So that we can operate the Service, you grant Markflow a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, transcode, chunk and stream your content; to create thumbnails, previews and image variants from it; to extract, convert and attach subtitle tracks that are embedded in it or that you upload; to index it for search and recommendations; and to distribute and publicly perform it through the Service and any player or application we provide.

This licence exists only to operate the Service. It ends when you delete the content or your account, except that we may keep copies as required by section 11 and the Privacy Policy, and copies already served to viewers' devices are not recalled.

You also grant other users a licence to watch your published content through the Service, and nothing more.

7. Captions, translation and dubbing

After an upload, the Service automatically checks the file for embedded English subtitle tracks and attaches any it finds so that viewers can turn captions on. It does not translate anything and does not judge the content. If a track's language is not labelled, we ask you to confirm it before attaching it. You can replace or remove captions from your studio at any time.

Dubbing and voice recreation are not currently available. Any future dubbing feature will require separate episode-specific permissions and disclosures before use.

8. Copyright complaints and counter-notices

We respond to copyright notices under the United States Digital Millennium Copyright Act and Canada's notice-and-notice provisions, and we act on valid notices under the copyright law of any other country where the Service is offered. The Copyright Policy explains how to send a notice, what it must contain, and how to file a counter-notice. In short:

• we forward qualifying Canadian notices to the uploader. When we remove an episode or series following a copyright complaint, we notify the uploader through our copyright process;
• if you believe the removal was a mistake or your use is licensed, you can file one counter-notice for the claim, covering all materials removed under it, which we pass to the claimant along with your name and contact details;
• unless the claimant tells us within the statutory period that they have started legal proceedings, we may restore the content covered by that claim, subject to any separate restrictions; and
• knowingly misrepresenting that material is infringing, or that it was removed by mistake, can make you liable for damages.

9. Repeat infringer policy

We terminate the accounts of repeat infringers. This is how it works:

• A strike may be recorded when content is removed for copyright reasons. A submitted copyright case can cover one episode or all currently published episodes of a series, with at most one strike per creator for that case. Series claims are actioned as a whole and can make the entire series unavailable. Creators file one counter-notice per claim covering the removed materials identified in it. Later uploads are not automatically included. We may separately pause new episode publication during a rights review. Clearing one claim does not clear other restrictions; a case strike is revoked once all removals actioned under that case have been cleared through restoration.
• A strike expires twelve months after it is recorded.
• When your account has three active strikes, it is suspended, your published series are taken offline, and you may not upload. Suspension is not lifted automatically.
• Reinstatement is at our discretion, decided by a person, with the reason recorded. A person whose account has been terminated may not open another.

We may also remove content or terminate an account without waiting for three strikes where infringement is obvious, where a court has found the content infringing, or where the account exists mainly to upload other people's work.

10. Removal, review, appeals and permanent deletion

Your studio records warnings, removals and restoration decisions, with in-app notifications of new decisions. You may request review of an incorrect removal or submit a corrected video for review. A corrected upload remains unavailable to viewers until approved; approval may replace the video at the same episode URL. We retain the original privately for moderation and dispute review. A restoration request does not bypass the copyright counter-notice process, and restoring an episode does not automatically reinstate a suspended account.

We may remove any content, or decline to publish a series, that breaks these Terms or that we decide the Service should not host. When we remove your content we record the reason and show it to you in your studio. Copyright removals are appealed through the counter-notice process. Other removals may be appealed through the restoration-request option in your studio or by writing to admin@arctv.net.

Series are reviewed before they first appear publicly. Before approving a series that requires licence documents, a moderator must confirm that the submitted licence and supporting permissions:

• match the rights holders identified in the video's credits;
• cover online streaming;
• cover both Canada and the United States; and
• have not expired.

A series requiring documents cannot be approved until these checks are completed. Changed rights answers or documents require a new creator confirmation and renewed review of the affected permissions. Saving changes makes an approved series unavailable to viewers until it is approved again. Moderator review is a review of the supplied evidence, not an endorsement or a guarantee of ownership, authenticity or freedom from claims. You remain responsible for your rights, documents and permissions.

Permanent series deletion. When you confirm deletion of an eligible series in your studio, the series and its episodes are permanently removed from the app. There is no 30-day recovery period or option to restore them. This is different from a moderation or copyright removal, which may be reviewed and reversed. Copyright or moderation retention requirements may block deletion pending review.

Storage cleanup of videos, replacement and previous versions, and artwork starts after deletion and may take longer or require retries. Media still needed for another series or retained record is excluded from that cleanup. We retain private rights documents, confirmations, reviews and deletion records under section 11 and the Privacy Policy; those records are not a backup from which you can restore a deleted series.

11. Records

We keep records of uploads, series ownership and story-source answers, work names, submitted licences and supporting permissions, changes and renewed confirmations, moderator rights checks, and permanent-deletion records. Historical rights submissions and reviews remain subject to the retention periods in the Privacy Policy. We also keep copyright notices, counter-notices, removals and strikes. Records include the account and time associated with an action, and network information as described in the Privacy Policy. We retain these records for the periods described there and for as long as the law requires. We may disclose records in response to valid legal process; licence documents are not routinely sent to copyright claimants. Your counter-notice contact details are sent to the claimant when you file one.

12. Viewing, advertising and paid features

Watching is currently free, and this version of the Service does not display third-party advertising. We may introduce advertising or paid features later. Before doing so, we will update the relevant disclosures and obtain any consent required for the associated data use. Any paid offering will describe its price and terms before purchase.

You may watch content only through the Service and its player. You may not download, scrape, record, re-stream or redistribute content, or use automated tools against the Service, except as the Service itself provides.

13. Our content and trademarks

ArcTV, the arc mark, and the Service's design and software belong to Markflow or its licensors. Nothing in these Terms gives you a right to use them except as needed to use the Service.

14. Termination

You may request account closure by writing to admin@arctv.net. Account closure requests are handled by our team. Closure does not erase records retained under section 11 and the Privacy Policy. We may suspend or terminate your account for breach of these Terms, under the repeat infringer policy, or where required by law, and we may stop offering the Service. Sections 5, 6 (as to retained copies), 11, 15 and 16 survive termination.

15. Disclaimers and limitation of liability

The Service is provided as is and as available. To the extent the law allows, we make no warranties about it, including that it will be uninterrupted, error-free or secure, or about the content that other users upload. Content on the Service is the responsibility of the person who uploaded it.

To the extent the law allows, Markflow is not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, arising from the Service or these Terms, and our total liability for all claims is limited to the greater of one hundred Canadian dollars and the amount you paid us in the twelve months before the claim. Some of these limits may not apply to consumers where local law says otherwise, including under the British Columbia Business Practices and Consumer Protection Act.

16. Governing law and disputes

These Terms are governed by the laws of British Columbia and the federal laws of Canada that apply there. You and Markflow agree to the exclusive jurisdiction of the courts of British Columbia, sitting in Vancouver, for any dispute arising from these Terms or the Service, except that either of us may seek an injunction in any court to protect intellectual property, and except that the counter-notice process carries its own consent to jurisdiction described in the Copyright Policy.

17. General

These Terms, the Privacy Policy and the Copyright Policy are the whole agreement between you and Markflow about the Service. If part of these Terms is found unenforceable, the rest still applies. Our not enforcing a term is not a waiver of it. You may not assign these Terms; we may assign them to a successor of the Service.

Questions about these Terms: admin@arctv.net, or by mail to Markflow Inc., 4588 Marineview Crescent, North Vancouver BC V7R 3P5, Canada.