AGREEMENT BETWEEN USER AND AKAKANI
The AKAKANI Web Site is comprised of various Web pages operated by AKAKANI.COM.
The AKAKANI Web Site is offered to you conditioned on your acceptance without modification
of the terms, conditions, and notices contained herein. Your use of the AKAKANI
Web Site constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
AKAKANI reserves the right to change the terms, conditions, and notices under which
the AKAKANI Web Site is offered, including but not limited to the charges associated
with the use of the AKAKANI Web Site.
LINKS TO THIRD PARTY SITES
The AKAKANI Web Site may contain links to other Web Sites ("Linked Sites"). The
Linked Sites are not under the control of AKAKANI and AKAKANI is not responsible
for the contents of any Linked Site, including without limitation any link contained
in a Linked Site, or any changes or updates to a Linked Site. AKAKANI is not responsible
for webcasting or any other form of transmission received from any Linked Site.
AKAKANI is providing these links to you only as a convenience, and the inclusion
of any link does not imply endorsement by AKAKANI of the site or any association
with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the AKAKANI Web Site, you warrant to AKAKANI that
you will not use the AKAKANI Web Site for any purpose that is unlawful or prohibited
by these terms, conditions, and notices. You may not use the AKAKANI Web Site in
any manner which could damage, disable, overburden, or impair the AKAKANI Web Site
or interfere with any other party's use and enjoyment of the AKAKANI Web Site. You
may not obtain or attempt to obtain any materials or information through any means
not intentionally made available or provided for through the AKAKANI Web Sites.
USE OF COMMUNICATION SERVICES
The AKAKANI Web Site may contain bulletin board services, chat areas, news groups,
forums, communities, personal web pages, calendars, and/or other message or communication
facilities designed to enable you to communicate with the public at large or with
a group (collectively, "Communication Services"), you agree to use the Communication
Services only to post, send and receive messages and material that are proper and
related to the particular Communication Service. By way of example, and not as a
limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such
as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property
laws (or by rights of privacy of publicity) unless you own or control the rights
thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software
or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose,
unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know,
or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material contained
in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses,
without their consent.
- Violate any applicable laws or regulations.
AKAKANI has no obligation to monitor the Communication Services. However, AKAKANI
reserves the right to review materials posted to a Communication Service and to
remove any materials in its sole discretion. AKAKANI reserves the right to terminate
your access to any or all of the Communication Services at any time without notice
for any reason whatsoever.
AKAKANI reserves the right at all times to disclose any information as necessary
to satisfy any applicable law, regulation, legal process or governmental request,
or to edit, refuse to post or to remove any information or materials, in whole or
in part, in AKAKANI's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. AKAKANI does not control
or endorse the content, messages or information found in any Communication Service
and, therefore, AKAKANI specifically disclaims any liability with regard to the
Communication Services and any actions resulting from your participation in any
Communication Service. Managers and hosts are not authorized AKAKANI spokespersons,
and their views do not necessarily reflect those of AKAKANI.
Materials uploaded to a Communication Service may be subject to posted limitations
on usage, reproduction and/or dissemination. You are responsible for adhering to
such limitations if you download the materials.
MATERIALS PROVIDED TO AKAKANI OR POSTED AT ANY AKAKANI WEB SITE
AKAKANI does not claim ownership of the materials you provide to AKAKANI (including
feedback and suggestions) or post, upload, input or submit to any AKAKANI Web Site
or its associated services (collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting your Submission you are granting AKAKANI, its
affiliated companies and necessary sublicensees permission to use your Submission
in connection with the operation of their Internet businesses including, without
limitation, the rights to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat your Submission; and to publish
your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided
herein. AKAKANI is under no obligation to post or use any Submission you may provide
and may remove any Submission at any time in AKAKANI's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant
and represent that you own or otherwise control all of the rights to your Submission
as described in this section including, without limitation, all the rights necessary
for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
THE AKAKANI WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. AKAKANI AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE AKAKANI WEB SITE AT ANY TIME. ADVICE RECEIVED
VIA THE AKAKANI WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL
OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC
ADVICE TAILORED TO YOUR SITUATION.
AKAKANI AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS CONTAINED ON THE AKAKANI WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.
AKAKANI AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING
ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AKAKANI AND/OR
ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OR PERFORMANCE OF THE AKAKANI WEB SITE, WITH THE DELAY OR INABILITY TO USE THE
AKAKANI WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES,
OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED
THROUGH THE AKAKANI WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE AKAKANI
WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
EVEN IF AKAKANI OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE AKAKANI WEB SITE, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE AKAKANI
WEB SITE.
SERVICE CONTACT :
Contact Us.
TERMINATION/ACCESS RESTRICTION
AKAKANI reserves the right, in its sole discretion, to terminate your access to
the AKAKANI Web Site and the related services or any portion thereof at any time,
without notice. GENERAL To the maximum extent permitted by law, this agreement is
governed by the laws of the State of Washington, U.S.A. and you hereby consent to
the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A.
in all disputes arising out of or relating to the use of the AKAKANI Web Site. Use
of the AKAKANI Web Site is unauthorized in any jurisdiction that does not give effect
to all provisions of these terms and conditions, including without limitation this
paragraph. You agree that no joint venture, partnership, employment, or agency relationship
exists between you and AKAKANI as a result of this agreement or use of the AKAKANI
Web Site. AKAKANI's performance of this agreement is subject to existing laws and
legal process, and nothing contained in this agreement is in derogation of AKAKANI's
right to comply with governmental, court and law enforcement requests or requirements
relating to your use of the AKAKANI Web Site or information provided to or gathered
by AKAKANI with respect to such use. If any part of this agreement is determined
to be invalid or unenforceable pursuant to applicable law including, but not limited
to, the warranty disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and the
remainder of the agreement shall continue in effect. Unless otherwise specified
herein, this agreement constitutes the entire agreement between the user and AKAKANI
with respect to the AKAKANI Web Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user
and AKAKANI with respect to the AKAKANI Web Site. A printed version of this agreement
and of any notice given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent and subject
to the same conditions as other business documents and records originally generated
and maintained in printed form. It is the express wish to the parties that this
agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the AKAKANI Web Site are: Copyright 2011 by AKAKANI. All rights
reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks
of their respective owners.
The example companies, organizations, products, people and events depicted herein
are fictitious. No association with any real company, organization, product, person,
or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement under United States copyright law should be sent to Service
Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE
WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright
Infringement.