Term of Use
Use of Site
Before you enter the Akasha Site (the “Site”) or use any of the Akasha services, you must carefully review the Terms and Conditions set out below (the “Terms”). In addition, specific pages on the Site may set out additional terms and conditions, all of which are incorporated by reference into these Terms. These Terms may be changed or updated at any time, but you can always find the most recent version here. In the case of inconsistencies between these Terms and information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You should periodically check this page to make sure you are up to date. By entering and using the Site, you indicate that you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a binding contract between you and Akasha that you will use the Service only in a manner consistent with these Terms. If you have questions about these Terms, please contact Customer Support. Your use of the Site and its services (together, the “Service”) is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use the Service.
You may only access the Site for your personal use. You may not distribute or commercially exploit the Site or any part of its content (whether by reproduction, retransmission, dissemination, sale, broadcast, circulation, republication, amendment, re-delivery using “framing” or similar technology or otherwise). Any use of the on-line communication features of this Site may only be used for lawful purposes and you may not post or transmit any material which is objectionable (whether harmful, threatening or otherwise); AKASHA-US, Inc. reserves the right (but without the obligation or liability) to prohibit or remove any such material.
Design Challenge participation (“Participation”) is available to you if you are at least 13 years of age and submit certain requested information to Akasha , including your name and correct email address. When you become a Participant, you must provide Akasha with true, accurate, current, and complete information about yourself when such information is requested by the Service (whether by questionnaires, surveys, registration forms, or other informational requests). The Service is for personal use only.
Akasha is committed to ensuring that the Service remains a fun and safe place to post photographs (“Content”). To that end, the Service allows Participant to be creative with their Content. Participant may not use the Service to post Prohibited Content. Generally, Prohibited Content includes Content or other material that Akasha believes: (i) Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate; (ii) Comprises copyrighted material used without the express permission of the owner; (iii) Contains images of a person taken without their authorization and/or consent; (iv) Violates or otherwise encroaches on the rights of others; (v) Contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Service; (vi) Advocates illegal activity; (vii) Harms anyone, including minors; or,(viii) Provides a link to any of the above. Akasha has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be subject to examination from time to time. Although Akasha does not and will not examine or otherwise review all Content submitted or transmitted to the Service, Akasha may delete, move, and edit Content for any reason, at any time, without notice.
All Content that is posted on the Site is the sole responsibility of the person who submitted it. Thus, you are responsible for your Content. By viewing the Site, you may be exposed to Content that you consider offensive. You take sole responsibility for such exposure. Akasha in no way guarantees the accuracy, quality, or appropriateness of Content available through the Service.
When you use the Service, you become a Participant in an online community of people. In order for Akasha to make your Content available to you, Akasha needs the rights to make use of all Content on the Service, in accordance with and subject to these Terms. Accordingly, as a condition to your Participation, you shall and hereby do grant Akasha a worldwide, perpetual, irrevocable, non-exclusive, royalty-free right (with the right to sublicense through multiple tiers) to copy, display, modify, perform, transmit, make derivative works of, and distribute your Content for any and all purposes whatsoever. As a condition to Membership, you represent and warrant to Akasha that you either own the Content or have written permission from the copyright owner to make such Content available to Akasha on the foregoing terms. The Service is protected by U.S. and international copyright laws and by other applicable laws. You may not post any Content owned by someone else without the written consent of the owner of such Content. You are solely responsible for any copyright violations that you may incur as a result of your activities on the Service. If you believe that your work or the work of another has been copied in a way that constitutes copyright infringement, Akasha has a process in place to respond to your concerns. Please see How To Contact Us About Copyright Infringement Claims.
Resale Purpose is Not Permitted
All products sold are for customers’ use only and shall not be commercially resold. AKASHA-US, Inc. may refuse any purchasing order which it suspects is for commercial resale.
Title of Products, Documents and Fees to Import
All title of products will be passed to customer when order is dispatched by AKASHA-US, Inc. AKASHA-US, Inc. will deliver the products according to customer’s instructions. For many international shipments you may be required to pay customs and duties, obtain certain license or apply for registration of your purchased products in your own country to receive delivery of your package. The customs charge and/ or import regulation is determined completely by the government of your country, and as such we have no control over those costs or regulations. As such, AKASHA-US, Inc. will not pay, nor be held responsible, for such costs or arrange for application of import license. By continuing with you order you agree to be responsible for any customs or duties incurred as a result of your country’s customs and duties regulations as well as obtaining any import registrations or license required for the products you are purchasing. If the package is rejected by the customs of your home country or otherwise and returned to AKASHA-US, Inc. you will be responsible for the return shipping charges and a re-stocking fee of 15% of the total product purchase price.
IN NO EVENT WILL AKASHA OR AKASHA AFFILIATES BE LIABLE FOR ANY CLAIM OF ANY NATURE, WHETHER DIRECT OR INDIRECT, ARISING FROM OR RELATED TO (I) CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICE, INCLUDING ERRORS OR OMISSIONS IN SUCH CONTENT, OR (II) LOSS OR DAMAGE INCURRED AS A RESULT OF CONTENT. ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SERVICE AND THE SITE IS AT YOUR OWN RISK.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, AKASHA AND AKASHA AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. AKASHA MAKES NO WARRANTY THAT (i) THE SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE SERVICE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (iii) THE SERVICE WILL MEET YOUR REQUIREMENTS. AKASHA MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, OR SERVICES THAT ARE PURCHASED, ACCESSED, OR OBTAINED THROUGH THE SERVICE OR SITE, INCLUDING THAT SOFTWARE WILL BE FREE OF CORRUPTIVE CODE. TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE REMEDIES SET FORTH IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES.
Indemnity and Limitation of Liability
YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS AKASHA, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, AND AGENTS (COLLECTIVELY “AKASHA AFFILIATES”) FROM AND AGAINST ALL SUITS, LOSSES, ACTIONS, PROCEEDINGS, CLAIMS, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO THE SITE OR SERVICE (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR BY ANY OTHER PERSON ACCESSING THE SERVICE AS YOUR INVITEE, SUCH AS BY USING YOUR ACCOUNT.
TO THE FULLEST EXTENT PERMITTED UNDER LAW, AKASHA WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
In the event that this disclaimer is unenforceable, the total liability of AKASHA-US, Inc., if any, for losses or damages shall not exceed the fees you paid for the particular service or product upon which liability is based.
Links to other sites
Occasionally, AKASHA-US, Inc. may make available a link to a third party’s web site. These links will let you leave AKASHA-US, Inc. The linked sites are not under AKASHA-US, Inc. control and AKASHA-US, Inc. 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. AKASHA-US, Inc. is not responsible for webcasting or any other form of transmission received from any linked site. AKASHA-US, Inc. provides the links only as a convenience. AKASHA-US, Inc. does not endorse the site or its use or contents.
Akasha may, in its sole discretion, terminate your Participation, your authorization to use the Site, or your use of the Service, and may remove and discard any Content at any time, without notice, for any reason, including without limitation: (i) conduct that violates these Terms or other policies or guidelines set forth by Akasha elsewhere within the Service, or (ii) conduct Akasha believes is harmful to other Akasha users or the business of Akasha. Akasha will not be liable to you or any third-party for any termination of your access to the Service.
Akasha and you agree that this Agreement shall be interpreted under the laws of the State of Michigan without giving effect to the choice of laws principles thereof, and may not be superseded, amended or modified except by written agreement. Any action or litigation concerning this Agreement must take place exclusively in the federal or state courts in the Eastern District of Michigan, and the parties expressly consent to the exclusive jurisdiction of and venue in such courts and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to such courts. The parties hereby consent to service of process by overnight courier in addition to any method acceptable under the laws of the State of Michigan.
Akasha may amend these Terms at any time, for any reason, and without notice, including the right to terminate the Service or any part of the Service. Any amendments or modifications made by Akasha will be prospective only.
These Terms constitute the entire agreement between you and Akasha governing your use of the Service. In the case of inconsistencies between these Terms and any information included in off-line materials (for example, promotional materials and mailers), these Terms will always control.
The failure of Akasha to exercise or enforce any Term will not constitute a waiver of such Term. If any Term is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
In the event that any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable because it is invalid or unenforceable, the validity or enforceability of the remaining provisions will not be affected, and the provision so held shall be modified automatically so to be valid or enforceable and to as nearly as possible reflect the intent of the parties.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred.
You can report abuse of these Terms to abuse@Akasha-us.com.