arkirus v1.2

arkirus v1.2

Terms and Conditions

Agreement to my Legal Terms

I am Antonio Rafael Arias Romero, operating under the alias Arkirus ("I", "me", "my", "the Author"), based in Lima, Peru. I operate the website https://arkirus.fun (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

arkirus.fun is a personal website featuring my projects, blog posts, and writings, including essays published on platforms like arXiv or other organizations, academic papers with abstracts, short and long stories, and my books (whether published or unpublished). Infrastructure Note: While the source code for these Services is hosted on Codeberg (Germany), the Services are deployed and served through Vercel (United States).

You can contact me by email at arkiruscontact@gmail.com or via C-mail at cyberspace.online/arki.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Antonio Rafael Arias Romero (the "Author"). By accessing the Services, you agree that you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Users can track all updates and previous versions of these Legal Terms on my dedicated Changelog page. Major changes will also be highlighted in the site's latest version notes.

The Services are intended for users who are at least 18 years of age. If you are under 18, you represent that you have the explicit permission of, and are being supervised by, your parent or legal guardian to access the Content. The Author assumes no liability for the access of minors without such supervision.

Contact Methods & C-mail Clarification

You can contact me by email at arkiruscontact@gmail.com or via C-mail at cyberspace.online/arki.

What is C-mail? C-mail is the messaging system of Cyberspace, a social medium "de-imagined" that prioritizes human thought and writing over algorithms and tracking. As part of the Anti-Brainrot Alliance, this platform does not use AI, suggestions, or invasive ads.

By contacting me via C-mail, you acknowledge that you are using a privacy-first, decentralized-oriented service. If you do not have a Cyberspace identity, please use the standard email address provided above for professional or academic inquiries.

My Services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Author to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

User Generated Contributions

Currently, the Services do not offer an automated platform for users to submit or post content directly. However, I may provide you with the opportunity to create, submit, post, or transmit materials to the Author (collectively, "Contributions"), such as guest blog posts, comments via email/C-mail, or feedback on my writings.

Contributions may be viewable by other users of the Services or through third-party platforms (like Codeberg or arXiv) if they are part of a collaborative project. Any Contributions you transmit will be treated in accordance with the Privacy Notice. When you provide any Contributions, you represent and warrant that:

  • Intellectual Property: Your Contributions do not and will not infringe the proprietary rights (copyright, patent, trademark, or moral rights) of any third party.
  • Ownership and Licenses: You are the creator and owner of, or have the necessary licenses and permissions to authorize the Author and other users to use your Contributions as contemplated by these Legal Terms.
  • Consent: You have the written consent or permission of each identifiable person in your Contributions to use their name or likeness.
  • Accuracy and Ethics: Your Contributions are not false, inaccurate, misleading, or unauthorized advertising (spam, mass mailings, or solicitation).
  • Respectful Conduct: Your Contributions are not obscene, violent, harassing, libelous, or otherwise objectionable. They do not ridicule, mock, disparage, intimidate, or promote violence against any person or class of people.
  • Non-Discrimination: Your Contributions do not include offensive comments connected to race, national origin, gender, sexual preference, or physical handicap.
  • Legal Compliance: Your Contributions do not violate any applicable law, including those concerning the protection of minors or privacy rights.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in the termination or suspension of your right to interact with the Services.

Contribution License

You and the Author agree that any information and personal data you provide will be accessed, stored, processed, and used in accordance with the terms of the Privacy Notice and your respective choices.

Feedback and Suggestions: By submitting suggestions, bug reports, or other feedback regarding the Services (including through email, C-mail, or Codeberg issues), you agree that the Author can use, implement, and share such feedback for any purpose—technical, academic, or otherwise—without acknowledgment or compensation to you.

Ownership of Contributions: The Author does not assert any ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property rights associated with them.

Liability: The Author is not liable for any statements or representations in your Contributions provided in any area of the Services. You are solely responsible for your Contributions and you expressly agree to exonerate the Author from any and all responsibility and to refrain from any legal action regarding your Contributions.

Intellectual Property Rights

Intellectual Property and Authorship

Unless otherwise indicated, the Author is the owner or the licensee of the intellectual property rights in the Services.
Collaborative Works: Certain Content, including but not limited to academic papers, research, or software projects, may have been developed in collaboration with third parties (co-authors, research teams, or open-source contributors). In such cases, the Author holds shared rights or licenses as specified in the original publication or project repository.

The specific license (e.g., MIT, GPL, Creative Commons) or the attribution provided within a particular project or paper shall prevail over these general Legal Terms. The Content and Marks are protected by copyright and trademark laws in Peru, the United States, Germany (via Codeberg), and around the world.

Your Use of the Services

Subject to your compliance with these Legal Terms, the Author grants you a non-exclusive, non-transferable, revocable license to access the Services and download or print portions of the Content solely for your personal, non-commercial use. For works involving co-authorship, any use beyond personal reading must also respect the rights of the respective co-authors and the specific terms of the original publication (such as arXiv or academic journals).

Licensing Framework

arkirus.fun operates as a personal portfolio and academic repository. To balance open collaboration with the protection of my creative and research work, I apply the following licensing standards:

Software and Technical Projects (Open Source)

The projects displayed in the "Projects" section are presented for portfolio purposes. While the arkirus.fun website acts as a showcase, the actual source code for these projects (hosted on Codeberg or other git-based platforms) is generally released under Open Source licenses (such as MIT or GPL). This allows the community to study, modify, and redistribute the functional logic, provided original authorship is respected.

Written Works and Academic Content (Copyright Reserved)

All written materials, including but not limited to Blog Posts (.md, .mdx), Essays, Academic Papers, Stories, and Books (whether served directly via Astro or hosted as PDFs on Cloudflare), are protected by Strict Copyright (All Rights Reserved).

The use of machine-readable formats (Markdown) or external hosting services (Cloudflare) does not constitute a waiver of intellectual property rights. You are granted a license for personal reading and academic citation only. Any reproduction, commercial redistribution, or unauthorized translation of these "Writings" is strictly prohibited.

To balance the IndieWeb philosophy of transparency with the protection of my creative work, I use a dual-licensing approach within my Codeberg repository:

  • Software and Infrastructure (MIT License): The functional code of this site (Astro components, CSS, and logic) is Open Source. You are free to study and adapt the "engine" of arkirus.fun.
  • Written Content (Creative Commons / Copyright): All blog posts (.md, .mdx), academic papers, and stories (PDFs on Cloudflare) are protected by Copyright. Unless otherwise stated, these are licensed under CC BY-NC-ND, you may read and share them with proper attribution, but you cannot sell them or create derivative works (like AI-generated summaries) without my consent.

Format Note: The fact that my writings are stored as machine-readable files (.md) in a public repository does not grant permission for their use in AI training or data mining, which is strictly prohibited.

AI Training Prohibition

I expressly forbid the use of my written works (in any format: .md, .mdx, .pdf, or plain text) for the training of generative AI models or data mining. My creative and academic output is a reflection of human thought and is not intended for algorithmic synthesis without my explicit written consent.

Prohibited Activities

You may not access or use the Services for any purpose other than that for which the Author makes the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the Author.

As a user of the Services, you agree not to:

  • Systematic Retrieval: Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from the Author.
  • Security Interference: Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
  • Harassment and Abuse: Disparage, tarnish, or otherwise harm, in the Author's opinion, the Author and/or the Services. Use any information obtained from the Services in order to harass, abuse, or harm another person.
  • Malicious Uploads: Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
  • Automated Use: Engage in any automated use of the system, such as using scripts to send messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Infrastructure Stress: Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services (specifically including Vercel and Codeberg infrastructure).
  • Software Misuse: Except as permitted by the specific terms of an Open Source license (e.g., MIT, GPL) provided in the source code on Codeberg, you may not decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
  • Impersonation: Attempt to impersonate the Author, another user, or any other person.
  • Commercial Exploitation: Use the Services as part of any effort to compete with the Author or otherwise use the Services and/or the Content for any unauthorized revenue-generating endeavor or commercial enterprise.
  • Unauthorized Use: Make any unauthorized use of the Services, including collecting email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts under false pretenses.

Third-Party Content and Attributions

Respect for Authorship: The Author respects the intellectual property rights of others. While the majority of the Content on arkirus.fun is original, the Services may include or reference materials, data, or excerpts owned by third parties (e.g., open-source libraries, academic citations, or public domain assets).

Proper Referencing: In any case where third-party material is used, the Author commits to providing clear and proper attribution, including the name of the original creator, the source, and a link to the original work or its specific license whenever possible.

Fair Use: The inclusion of such materials is intended strictly for educational, academic, or personal archival purposes, in accordance with fair use principles and academic standards.

Correction of Credits: If you are the owner of any content appearing here and believe the attribution is incorrect or that its use violates your license terms, please contact the Author at arkiruscontact@gmail.com. The Author will promptly correct the credit or remove the content upon valid request and verification.

Modifications and Interruptioms

The Author reserves the right to change, modify, or remove the contents of the Services at any time or for any reason at his sole discretion without notice. However, the Author has no obligation to update any information on the Services. The Author will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

The Author cannot guarantee the Services will be available at all times. The Services may experience hardware, software, or network problems (including those related to third-party providers such as Vercel or Codeberg), or may require maintenance, resulting in interruptions, delays, or errors.

The Author reserves the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that the Author has no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance.

Nothing in these Legal Terms will be construed to obligate the Author to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

Governing Law

These Legal Terms shall be governed by and defined following the laws of Peru. Antonio Rafael Arias Romero and yourself irrevocably consent that the courts of Peru shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or the Author (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating any formal legal action. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration and Jurisdiction

Any dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the competent courts of Lima, Peru. The language of the proceedings shall be Spanish or English, as determined by the Author's discretion depending on the nature of the Dispute.

Exceptions to Informal Negotiations

The Parties agree that the following Disputes are not subject to the provisions concerning informal negotiations:

  • Any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party (specifically regarding books, papers, or software code).
  • Any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use of the Content.
  • Any claim for injunctive relief.

Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, technical data, academic abstracts, and various other information. The Author reserves the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES AND THE CONTENT (INCLUDING SOFTWARE CODE AND ACADEMIC TEXTS) WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AUTHOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

The Author makes no warranties or representations about the accuracy or completeness of the Services' content or the content of any websites linked to the Services and will assume no liability or responsibility for any:

  • (1) Errors, mistakes, or inaccuracies of content and materials (including technical, scientific, or literary data).
  • (2) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services.
  • (3) Any unauthorized access to or use of secure servers and/or any and all personal information stored therein.
  • (4) Any interruption or cessation of transmission to or from the Services (including downtime from Vercel or Codeberg).
  • (5) Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services by any third party.
  • (6) Any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services.

The Author does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services or any hyperlinked website. As with the use of any information or software through any medium, you should use your best judgment and exercise caution where appropriate.

Limitation of Liability

IN NO EVENT WILL THE AUTHOR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

User Data

The Author will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although the Author (or third-party providers like Vercel) may perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services.

You agree that the Author shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against the Author arising from any such loss or corruption of such data.

Electronic Communications and Signatures

Visiting the Services, sending emails to the Author, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications provided to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES AND POLICIES INITIATED OR COMPLETED BY THE AUTHOR OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes or laws in any jurisdiction which require an original signature or delivery of non-electronic records.

Indemnification

You agree to defend, indemnify, and hold the Author harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; or (4) any overt harmful act toward any other user of the Services or the Author.

Term and Termination

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, THE AUTHOR RESERVES THE RIGHT TO, IN HIS SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION.

THE AUTHOR MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU PROVIDED (SUCH AS COMMENTS OR FEEDBACK) AT ANY TIME, WITHOUT WARNING, IN HIS SOLE DISCRETION.

If the Author terminates or blocks your access to the Services for any reason, you are prohibited from attempting to bypass such restrictions through the use of proxies, fake identities, or third-party networks. In addition to restricting access, the Author reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress if your actions harm the integrity of the Services or the Author's reputation.

Privacy Notice

I care about data privacy and security. Please review my Privacy Notice at https://arkirus.fun/privacy. By using the Services, you agree to be bound by my Privacy Notice, which is incorporated into these Legal Terms.

International Transfers: Please be advised that while my source code is hosted on Codeberg (Germany), the Services are deployed and served through Vercel in the United States. If you access the Services from any other region with laws governing personal data that differ from those in the United States, through your continued use, you are transferring your technical data (such as IP address) to the United States and Germany, and you expressly consent to this processing.

Advertisers

Ad Space: I allow individuals or companies to display advertisements and other information in certain areas of the Services, such as sidebar banners or text links. I simply provide the space for such advertisements and I have no other relationship with the advertisers.

Ethical Filtering: I reserve the right to ignore, reject, or remove any advertising proposal or content related to pornography, gambling, betting, or any other activity I deem inappropriate, harmful, or predatory. My Services are a reflection of my professional and academic journey, and I will not host advertisements that conflict with these values.

Sponsored Content: I reserve the right to publish full blog posts or articles that are based on or sponsored by an advertiser. Such content will be clearly identified as "Sponsored" or "Advertisement," and its inclusion remains at my sole discretion as the Author.

Liability: I am not responsible for the content, privacy practices, or products of any third-party advertiser. Your interaction with any advertiser found through the Services is solely between you and that advertiser.

Miscellaneous

These Legal Terms and any policies posted by the Author on the Services constitute the entire agreement and understanding between you and the Author. Failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right.

The Author may assign any or all of his rights and obligations to others at any time. The Author shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond his reasonable control (including infrastructure failures of Vercel or Codeberg).

If any provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and the Author as a result of these Legal Terms. You agree that these Legal Terms will not be construed against the Author by virtue of having drafted them.

Intellectual Property and Personal Repository

The Content available through the Services represents a curated archive of the Author's academic and professional journey. The ownership and usage rights are defined by the nature of the Author's involvement:

  • Individual Authorship: All books, research papers, essays, and literary works created solely by Antonio Rafael Arias Romero (Arki) are his exclusive intellectual property. Any use, reproduction, or redistribution of these works requires express written consent.
  • Co-authorship and Academic Projects: For works created in collaboration with third parties (e.g., research papers with university teams or shared software), the Author maintains his rights as a co-author. Inclusion on this site is intended for personal archiving, academic dissemination, and professional portfolio purposes, respecting the shared intellectual property of the team and in compliance with original authorship terms.
  • Contributions as a Collaborator: In projects where the Author acted solely as a contributor or collaborator on works owned by third parties, the primary intellectual property remains with the original creators. These works are displayed here as a record of professional contribution, subject to removal upon a valid request from the primary owner.

AI Training and Data Mining: Regardless of the authorship level, the commercial redistribution, alteration, or use of any materials found on this site for data mining or the training of artificial intelligence models is strictly prohibited.

The Author expressly reserves all rights to prevent the use of his text, code, or media for generative AI purposes, including the use of automated scrapers, except where specific Open Source licenses (e.g., MIT, GPL) explicitly allow such machine-readable access in the source code on Codeberg.

Contact Me

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact me at

Antonio Rafael Arias Romero

Peru

arkiruscontact@gmail.com