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Terms of Service
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Last updated 16.08.2007
WEBSITE SERVICE AGREEMENT/TERMS OF USE
The services that Akitaspace.com provide to User are subject to the following Terms of Use ("TOU" or “Agreement”). Akitaspace.com require that all persons or entities visiting this Website and those that become a User agree to the TOU. Please read the TOU carefully before continuing on with your use of this Website or becoming a User of the Website. The TOU shall govern the use of the Website and apply to all Internet traffic visiting the Website.
1. ACCEPTANCE OF TERMS AND BINDING EFFECT
THIS IS A BINDING AGREEMENT. BY USING AND/OR VISITING THIS WEBSITE (COLLECTIVELY, INCLUDING ALL CONTENT AVAILABLE THROUGH THE AKITASPACE.COM DOMAIN NAME, THE “WEBSITE”), YOU (“User,” “YOU” OR “YOUR” ) SIGNIFY YOUR ASSENT TO THE TOU, THE WEBSITE’S PRIVACY POLICY, WHICH IS PUBLISHED AT http://www.akitaspace.com/PrivacyPolicy/cms/PrivacyPolicy.html AND THE DOMAIN LICENSES YOU OBTAIN FROM THE UTILIZATION OF WEBSITE’S SERVICES AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. IT IS YOUR RESPONSIBILITY TO REVIEW THE TOU PERIODICALLY. IF AT ANY TIME YOU FIND THE TOU AND INCORPORATED AGREEMENTS UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE ALL USE OF THE SERVICES AND THE WEBSITE. YOU AGREE THAT BY USING THE SERVICES YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
A. Akitaspace.com reserve the right to update the TOU at any time without notice to User.
B. The right to use Akitaspace.com is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any.
C. Akitaspace.com shall have the right at any time to change or discontinue any aspect or feature of Akitaspace.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.
2. CHANGED TERMS
The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located or published at the bottom of our Web pages. Akitaspace.com shall have the right at any time to change or modify the terms and conditions applicable to User's use of Akitaspace.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Akitaspace.com, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of Akitaspace.com by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
3. DESCRIPTION OF SERVICES
Through its Web property, Akitaspace.com provides User with access to a variety of resources, including download areas, information, products, communication forums and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU, the privacy policy and the domain licenses.
4. EQUIPMENT
User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of Akitaspace.com and all charges related thereto.
5. USER CONDUCT
A. User shall use Akitaspace.com for lawful purposes only. User shall not post or transmit through Akitaspace.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Akitaspace.com's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in Akitaspace.com's discretion restricts or inhibits any other User from using or enjoying Akitaspace.com will not be permitted. User shall not use Akitaspace.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services.
B. Akitaspace.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of Akitaspace.com are copyrighted as a collective work under the United States copyright laws. Akitaspace.com owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Akitaspace.com and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
C. User shall not upload, post or otherwise make available on Akitaspace.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of Akitaspace.com, User automatically grants, or warrants that the owner of such material has expressly granted Akitaspace.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store, or reproduce the material for that User's personal use. User hereby grants Akitaspace.com the right to edit, copy, publish and distribute any material made available on Akitaspace.com by User.
D. The foregoing provisions of Section 5 are for the benefit of Akitaspace.com, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. USE OF SERVICES
A. The Services may contain email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a "Communication Service" and collectively "Communication Services"). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:
- Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- 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, obscene, indecent or unlawful topic, name, material or information.
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User own or control the rights thereto or have received all necessary consent to do the same.
- Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
- Download any file posted by another user of a Communication Service that User know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
- Falsify or delete any copyright management information, such as 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 email addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
B. Akitaspace.com has no obligation to monitor the Communication Services. However, Akitaspace.com reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Akitaspace.com reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Akitaspace.com reserves the right at all times to disclose any information as it deems 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 Akitaspace.com's sole discretion.
C. Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.
D. Always use caution when giving out any personally identifiable information in any Communication Services. Akitaspace.com does not control or endorse the content, messages or information found in any Communication Services and, therefore, Akitaspace.com specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services. Managers and hosts are not authorized Akitaspace.com spokespersons, and their views do not necessarily reflect those of Akitaspace.com.
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires User to open an account, User must complete the registration process by providing Akitaspace.com with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify Akitaspace.com immediately of any unauthorized use of User’s account or any other breach of security. Akitaspace.com will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by Akitaspace.com or another party due to someone else using User’s account or password. User may not use anyone else's account at any time, without the permission of the account holder.
8. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Akitaspace.com AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Akitaspace.com AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL Akitaspace.com AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Akitaspace.com AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
9. NOTICES REGARDING DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE
IN NO EVENT SHALL Akitaspace.com AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
10. MATERIALS PROVIDED TO Akitaspace.com OR POSTED AT ANY OF ITS WEBSITES
A. Akitaspace.com does not claim ownership of the materials User provide to Akitaspace.com (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") User’s Submission User is granting Akitaspace.com, its affiliated companies and necessary sublicensees permission to use User’s Submission in connection with the operation of their Internet businesses (including, without limitation, all Akitaspace.com Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of User’s Submission, as provided herein. Akitaspace.com is under no obligation to post or use any Submission User may provide and Akitaspace.com may remove any Submission at any time in its sole discretion. By Posting a Submission User warrants and represents to own or otherwise control all of the rights to User’s Submission as described in these Terms of Use including, without limitation, all the rights necessary for User to provide, post, upload, input or submit the Submissions.
B. In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), User warrant and represent that (a) User is the copyright owner of such Images, or that the copyright owner of such Images has granted User permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of User’s use and as otherwise permitted by these Terms of Use and the Services, (b) User have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, User is granting (a) to all members of User’s private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use User’s Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Images without having User’s name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for a Images will terminate at the time User completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time User completely remove such Images. No compensation will be paid with respect to the use of User’s Images.
C. Akitaspace.com is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, Akitaspace.com have no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of Akitaspace.com, are those of the respective author(s) or distributor(s) and not of Akitaspace.com. Neither Akitaspace.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
11. COMPLIANCE WITH ALL INTELLECTUAL PROPERTY LAWS
When accessing the Website or using the Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Services and the Website is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or Materials in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Materials you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Materials do not violate any laws or third party rights rests solely with you.
12. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
A. USER EXPRESSLY AGREES THAT USE OF Akitaspace.com IS AT USER'S SOLE RISK. NEITHER Akitaspace.com, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT Akitaspace.com WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF Akitaspace.com, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH Akitaspace.com.
B. Akitaspace.com IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT Akitaspace.com IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
D. IN NO EVENT WILL Akitaspace.com, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING Akitaspace.com OR THE Akitaspace.com SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE Akitaspace.com. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, Akitaspace.com, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN Akitaspace.com, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
F. PRIOR TO THE EXECUTION OF A STOCK TRADE, USERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. Akitaspace.com, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, Akitaspace.com, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
G. FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
13. LINKS TO THIRD PARTY SITES
A. THE LINKS IN THIS AREA WILL LET YOU LEAVE Akitaspace.com'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF Akitaspace.com AND Akitaspace.com IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. Akitaspace.com IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. Akitaspace.com IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY Akitaspace.com OF THE SITE.
B. Akitaspace.com is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, Akitaspace.com has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of Akitaspace.com, are those of the respective author(s) or distributor(s) and not of Akitaspace.com. Neither Akitaspace.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
C. In many instances, the content available through Akitaspace.com represents the opinions and judgments of the respective information provider, User, or other user not under contract with Akitaspace.com. Akitaspace.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Akitaspace.com by anyone other than authorized Akitaspace.com employee spokespersons while acting in their official capacities. Under no circumstances will Akitaspace.com be liable for any loss or damage caused by a User's reliance on information obtained through Akitaspace.com. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Akitaspace.com. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
14. PRIVACY POLICY
Akitaspace.com respect your privacy and permits Users to control the treatment of personal information. A complete statement of Akitaspace.com current Privacy Policy can be reviewed by clicking on the "Privacy Policy" hypertext link located or published at the bottom of our Web pages.
15. MONITORING
Akitaspace.com shall have the right, but not the obligation, to monitor the content of Akitaspace.com, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Akitaspace.com and to satisfy any law, regulation or authorized government request. Akitaspace.com shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Akitaspace.com. Without limiting the foregoing, Akitaspace.com shall have the right to remove any material that Akitaspace.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
16. INDEMNIFICATION
User agrees to defend, indemnify and hold harmless Akitaspace.com, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of Akitaspace.com by User or User's Account.
17. TERMINATION
Either Akitaspace.com or User may terminate this Agreement at any time. Without limiting the foregoing, Akitaspace.com shall have the right to immediately terminate User's Account in the event of any conduct by User which Akitaspace.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
18. PAYMENTS, CANCELLATIONS AND REFUNDS POLICY
A. Users are charged for some of the Services. If you pay someone other than us for these Services, then the charges and billing terms are as stated by the other company. Even if you do not pay for the some of the Services, you may still incur charges incidental to using the Services; for example, charges for Internet access, mobile text messaging, or other data transmission. The price for the Services will be assed all applicable taxes and charges unless stated otherwise. These taxes and charges are your responsibility. Currency exchange settlements are based on your agreement with your payment method provider. Akitaspace.com reserves the right to change pricing from time to time, but it will be posted on the Website before you incur any billing. If you do not agree to these changes, then you must cancel and stop using the Website before the changes take place.
B. When you create a paid account, you enter your payment method. You must be authorized to use the payment method. You authorize Akitaspace.com to charge you for the Services using your payment method and for any paid feature of the Services for which you choose to sign-up for. Akitaspace.com may bill you for more than one of your prior billing periods together.
C. Akitaspace.com will provide you with an online billing statement accessible online through your User Account. This is the only billing statement that Akitaspace.com provide. If you request a paper copy, Akitaspace.com may charge you a retrieval fee. Akitaspace.com will only provide paper copies for the past 120 days. If Akitaspace.com makes an error on your bill, Akitaspace.com will correct it promptly after you tell us and Akitaspace.com investigates the charge. You must tell us within 120 days after an error first appears on your bill. You release us from all liability and claims of loss resulting from any error that you do not report to us within 120 days after the error first appears on your online statement. If you do not tell us within this time, Akitaspace.com will not be required to correct the error. Akitaspace.com can correct billing errors at any time.
D. Cancellations
You may cancel your Akitaspace.com membership at anytime you desire, however the act of canceling does not constitute an automatic cancellation of your billing. If you cancel after a payment has been processed, there will be a time delay in refund for that payment. Cancellation requests must contain your name, username and date joined from the form inside your member area. If any of this information is missing, the cancellation request may not be able to acurately process your refund and you are liable for your membership fees until Akitaspace.com receives required information.
E. Refunds
You have a 60 day money back guarantee if you are not satisfied with your membership and you have put forth the effort to using the Akitaspace.com products. However you will lose all access to Akitaspace.com, it's products and services and you will no longer be able to use it. You also agree to forfeit resell rights to all products you had rights to and you will be removed from all contributed membership sites and reseller membership sites. You are agreeing that you are purchasing a membership to Akitaspace.com by your own accord without any coercion or intimidation by anyone associated with or not with Akitaspace.com. In addition, you agree not to attempt to charge back or dispute any charges made by Akitaspace.com to your PayPal account or 2checkout.com payment processing listed at Akitaspace.com today or in the future and should contact us first if you are cancelling your membership. In the event of a billing error or duplicate billing Akitaspace.com will investigate the matter and issue a full refund if deemed necessary.
19. ENTIRE AGREEMENT
This Agreement, the privacy policy and any operating rules for Akitaspace.com established by Akitaspace.com constitute the entire agreement of the parties and supersede all previous written or oral agreements between the parties.
20. ARBITRATION
Each party to this Agreement expressly agrees that all disputes, claims or controversies that exist or may come to exist between them including, without limitation, all disputes, claims or controversies that exist or may arise out of, under or in connection with this Agreement, first to binding arbitration located in the residence country of the Akitaspace.com owner. In the case of action under this Section, the prevailing party shall be entitled to recover its costs of the proceeding, including reasonable attorneys' fees and out of pocket expenses.
21. SEVERABILITY
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect.
22. WAIVER
No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
23. HEADINGS
The section headings used herein are for convenience only and shall not be given any legal importance.
24. COPYRIGHT
All contents of Website or Services are: © 2007 Akitaspace.com. All rights reserved (Unless otherwise stated).
25. TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
26. NO LICENSE
Nothing contained on the Website should be understood as granting you a license to use any of the trademarks, service marks, logos and the like owned by Akitaspace.com or by any third party.
27. NOTICES
Any notices to Akitaspace.com shall be given by email to pastas @ akitaspace.com and by certified mail, return receipt requested: 23 Tindall close, Wisbech, Cambs, PE13 3QT, UK. Any notice to Users shall be sent by email to the email address provided by the User. Email notices to a User shall be deemed delivered twenty-four (24) hours from the time the email is sent. Notices to Akitaspace.com shall be deemed delivered five (5) calendar days after sent by certified mail.
30. COPYRIGHT INFRINGEMENT
Akitaspace.com has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website or with the Services. Akitaspace.com has adopted a policy that provides for the immediate suspension and/or termination of any Website or Services user who is found to have infringed on the rights of Akitaspace.com or of a third party, or otherwise violated any intellectual property laws or regulations. Akitaspace.com ’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Akitaspace.com to delete, edit, or disable the material in question, you must provide Akitaspace.com with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Akitaspace.com to locate the material; (d) information reasonably sufficient to permit Akitaspace.com to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to the Copyright Infringement Unit, pastas @ akitaspace.com and by certified mail, return receipt requested: 23 Tindall close, Wisbech, Cambs, PE13 3QT, UK.
31. ACKNOWLEDGEMENT
BY USING THE SERVICES OR ACCESSING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
Any rights not expressly granted herein are reserved. |
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