Terms of Use

Please read these terms and conditions of service carefully before you post questions or answers to, or otherwise use, the Service (defined below). Your use of the Service indicates that you accept these terms and conditions. If you do not accept these terms and conditions, do not use the Service.

INTRODUCTION

These terms and conditions represent the agreement ("Agreement") between you and akatoo, Inc. ("akatoo") with respect to your use of the applications, features, and functionality made available by akatoo on this website and websites operated by others, which enable users to post questions and answers (sometimes referred to herein as "posts"), and access the posts of others, on a variety of topics (collectively, the "Service"). Any violation of this Agreement by you may result in the termination of your right to post content to the Service.

akatoo may revise these terms and conditions at any time, with or without notice to you. You should visit http://www.akatoo.com from time to time to review the then-current terms and conditions for the Service.

You must be at least 13 years old to use the Service.

ACCOUNT SETUP

You are not obligated to set up an account profile with akatoo in order to access and read questions and answers posted to the Service. But setting up an account is required in order to post questions or answers to the Service. By registering as a user of the Service, you agree to abide by these terms and conditions.

When you register, you will be asked to disclose personal information (including your email address), and to select a screen name. Please keep in mind when choosing a screen name that whenever you post a question or answer to the Service, your screen name and a link to your online profile will automatically appear with your posted message. akatoo may refuse to grant you, and you may not use, a screen name (or email address) that is already being used by someone else, impersonates another person, belongs to another person, violates the intellectual property or other rights of any person, or is vulgar or otherwise offensive.

You will also be asked to select a password when you register. You are responsible for maintaining the confidentiality of the password, and are fully responsible for all activities that occur under your password. You agree to notify akatoo of any unauthorized use of your password or any other breach of security with respect to your account. akatoo will not be liable for any loss or damage arising from unauthorized use of your account.

You agree to provide true, accurate, current and complete information about yourself as requested in the account set-up process. You also agree to update the information about yourself promptly as necessary to keep it current and accurate.

PRIVACY

akatoo's Privacy Policy applicable to the Service is available on this website, and is incorporated into this Agreement. Alternatively, you may access the Privacy Policy at www.akatoo.com/privacypolicy.html.

NO ENDORSEMENT

akatoo does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any questions, answers or other content posted to the Service, or endorse any opinions expressed in such posts. You acknowledge that any reliance on material in posted content will be at your own risk.

INFORMATION IN POSTS

You must exercise caution, good sense and sound judgment in posting questions and answers to the Service. You are responsible for any material that you submit in a post. You agree, represent and warrant that any information you post is truthful, accurate, offered in good faith, and is not misleading, not invasive of another's privacy; abusive; threatening or obscene, not infringing upon the copyright; trademark or other intellectual property rights of others, and that you have the right to post or transmit such information. The content of such information (including without limitation, data, text, software, graphics or any other materials whatsoever), whether publicly posted or privately transmitted, is your sole responsibility.

You must not post any material to the Service that you consider to be confidential or proprietary. Any material that you post will be considered non-confidential and non-proprietary. This policy serves to avoid potential misunderstandings or disputes regarding ownership of ideas.

You may delete any of your posts to the Service at any time by logging onto the Service and using the "Delete a Post" option.

LICENSE GRANT

By posting a question or answer to the Service, you automatically grant akatoo a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the post, or any part of it, alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees. Any deletion of a post by you will not limit the foregoing license grant.

You further agree that akatoo has the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas that you post to the Service.

INTELLECTUAL PROPERTY

Under applicable copyright law, the author of any question or answer is the owner of the copyright in the post. Aside from the license that all registered users have granted to akatoo upon posting a question or answer as stated above, no one using the Service is licensed to copy, reproduce, republish, modify, transmit or distribute in any way any of the posts, or any portion of the posts, to the Service without the prior written permission of the copyright owner.

Trademarks

All trademarks, service marks, logos and trade names, whether registered or unregistered, are proprietary to akatoo or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of akatoo, or the appropriate owner thereof.

NO MODERATION OF POSTS

akatoo does not regularly review posts to the Service. However, akatoo reserves the right to review posts at any time, including any attached materials such as linked websites and pictures, and may edit or reject the posts in its sole discretion. Reasons for akatoo to edit or reject any post include, but are not limited to, posts that are deemed to violate the "Prohibited Content" and "Prohibited Conduct" restrictions set forth below.

Posts considered offensive by any registered user of the Service may be reported to akatoo by accessing the "Contact Us" link on this website.

akatoo is not obligated to, but may resolve disputes between users relating to the Service. akatoo's resolution of a particular dispute does not create an obligation to resolve any other dispute. Any resolution of a dispute by akatoo is final with respect to the Service.

PROHIBITED CONTENT

You may not submit any post to the Service that:

is threatening, abusive, libelous, indecent, or graphic, including hate speech directed at a specific ethnic group, nationality, sexual orientation, organization, corporation, or religion;
invades another person's privacy;
infringes upon a third party's intellectual property or other proprietary rights, including copyright, patent, trademark, trade secret, and right of publicity;
contains information that you do not have a right to transmit under legal or contractual obligations, including confidential information of others;
impersonates another individual or misrepresents a relationship with any third party or company;
advertises or promotes any goods or services;
contains software viruses or any other computer code, files, or programs that might interrupt, destroy, or limit the functionality of the website or any computer equipment;
encourages others to commit illegal acts or to harass third parties;
violates any applicable local, state, federal, or international law; or
communicates political content in an effort to influence voting on legislation or a proposition.

PROHIBITED CONDUCT

You may not do, or attempt to do, any of the following:

use the Service in a way that is not in compliance with any applicable local, state, federal, or international law, or for any purpose that is harmful;
tamper with the Service, or any posts, user profiles, or content of other users;
alter information on or obtained from the Service;
use any robot, spider, scraper or other automated means or interface not provided by akatoo to access the Service or extract data or gather or use information available on the Service;
transmit any unsolicited advertising or emails (e.g., "spam") to users of the Service;
frame any portion of the Service, or link to the Service, or otherwise make it look like you have a relationship with, or endorsement from, akatoo, except with akatoo's prior written consent;
reverse engineer, decompile, disassemble, translate, modify, alter or otherwise change the software underlying the Service; or
take any action that might impose a significant burden (as determined by akatoo) on the Service.

SECURITY OF THE SERVICE

You are prohibited from violating, or attempting to violate, the security of the Service. Any such violations may result in criminal and/or civil penalties against you. akatoo will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations of the security of the Service include without limitation:

logging into or attempting to log into a server or account that you are not authorized to access;
accessing data or taking any action to obtain data, information or services not intended for you or your use;
attempting to probe, scan or test the vulnerability of any system or network;
tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures;
posting material that contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or other computer programming routines or engines, or engaging in conduct that could damage, disrupt or otherwise impair or interfere with a computer's functionality or the operation of the Service.

TERMINATION

akatoo reserves the right to terminate your access to the Service at any time for any or no reason and without notice to you.

You may terminate your account profile with akatoo at any time by notifying akatoo via an email addressed to support@akatoo.com. Any such cancellation by you shall become effective upon akatoo's receipt of your notice.

Upon any termination of your account, akatoo shall have no liability to you or any further obligations under this Agreement.

JURISDICTIONAL ISSUES

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of Los Angeles County, California.

If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions. The Agreement represent the entire agreement between the parties relating to the subject matter herein.

akatoo makes no representation that posts to the Service are appropriate or available for use in locations other than the State of California. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Service from jurisdictions where the contents of the Service are illegal or penalized is prohibited.

ARBITRATION

YOU AND akatoo AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THIS AGREEMENT OR THE SERVICE SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either you or akatoo has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with the AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, akatoo will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Service be instituted more than three (3) years after the cause of action arose.

DISCLAIMERS

The Service is provided by akatoo as a medium for discussion on a variety of topics. The views expressed via the Service do not necessarily reflect the views of akatoo or its affiliates.

Most of the content posted to the Service is provided by third parties like you. akatoo is not responsible for this third-party content. akatoo does not make any representations or warranties regarding the correctness, accuracy, or other qualities of the information on the Service.

The content provided on the Service is provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, akatoo disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

akatoo does not warrant that the Service will be error-free, or free of viruses or other harmful components. akatoo also does not warrant that the Service will not infringe on third-party intellectual property rights.

Applicable law may not allow certain warranty exclusions, so one or more of the above disclaimers may not apply to you.

LINKS TO OTHER WEBSITES

The Service contains links to non-akatoo websites, including third-party advertising. These links are for convenience only. If you use these links, you will leave the akatoo or other website hosting the Service. Certain of these linked websites may make use of akatoo intellectual property (such as trademarks, service marks, logos and trade names) under license from akatoo. akatoo is not responsible for the availability or content of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website. In addition, providing links to these websites should not be interpreted as endorsement or approval by akatoo of the entities sponsoring such third-party websites or their products or services. These terms and conditions do not apply to any other websites.

You are advised to check each web page that you visit on or from the Service to determine whether you have moved onto a third-party website.

LIMITATION OF LIABILITY

To the extent permitted under applicable law, under no circumstances, including, but not limited to, negligence, shall akatoo or any of its licensors or affiliates be liable for any compensatory, punitive, special or consequential damages that result from your use of the materials posted on the Service, even if akatoo or an akatoo-authorized representative has been advised of the possibility of such damages. In no event shall akatoo's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you to akatoo, if any, for using the Service.

INDEMNITY

You agree to indemnify, defend and hold akatoo, its affiliates and any of its and their directors, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys' fees) or other expenses that arise directly or indirectly out of or from (i) your breach of this Agreement; and/or (ii) your activities in connection with the Service.

OTHER

This Agreement applies only to the Service available on this website and websites operated by others. This website is owned and operated by akatoo and should not be confused with any other website whether or not the word akatoo appears as part of the domain name or branding. You are advised to check each web page you visit on or from this website to determine whether you have moved onto a third-party site.

The failure of any party to exercise or enforce any right or provision of this Agreement, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party's right to act with respect to subsequent or similar breaches.

By using the Service, you consent to receive from akatoo all communications, including notices, agreements, legally required disclosures or other information in connection with the Service (collectively, "Notices") electronically. akatoo may provide such Notices by posting them on akatoo's website. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of the Service.

Questions or comments about the Service or this Agreement may be addressed as follows:

akatoo, Inc.
11400 W. Olympic Blvd. 200
LA, CA, 90064

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