Effective February 1, 2006:
AKinTu.com is a social networking service that allows people to connect through
the use of password protected and private sites, where access to each member’s
site is gained by invitation only. The AKinTu.com service is operated by
AKinTu, Inc. (“AKinTu”). By accessing and using the AKinTu.com Website (the
“Web Site”) you agree to be bound by these Terms of Use (this “Agreement”). If
you wish to become a member, communicate with other members and make use of the
AKinTu service (the “Service”), you must read this Agreement and indicate your
acceptance of them by following the instructions during the registration
process.This Agreement sets out the legally binding terms for your use of the
Website and your Membership in the Service. AKinTu.com may modify this Agreement
from time to time and such modification shall be effective upon posting by
AKinTu.com on the Website. Additionally, you will be required to re-accept
these terms in your profile. This Agreement includes AKinTu’s Acceptable Use
Policy and AKinTu’s Privacy Policy. All current versions of our policies are
available on our Website. AKinTu.com reserves the right, in its sole
discretion, to reject, refuse to post or remove any posting (including email) by
you, or to restrict, suspend, or terminate your access to all or any part of the
Website and/or Services at any time, for any or no reason, with or without prior
notice, and without liability.
Eligibility
Membership in the Service is void where prohibited. You must be 16 years or over
to register as a member of AKinTu’s services unless parental consent is given.
You are solely responsible for all Content published or displayed through your
account, including any email messages, and for your interactions with other
members. By registering for this Website and the Service, you (or your
Parent/Legal Guardian) represent and warrant that all registration information
submitted is truthful and accurate and that you agree to maintain the accuracy
of such information. By using the Web site, you represent and warrant that you
(or your parent/Legal Guardian) have the right, authority, and capacity to enter
into this Agreement and to abide by all of the terms and conditions of this
Agreement. Your Membership is solely for your personal use, and you shall not
authorize others to use your account, including your profile or email address.
Term/Fees.
This Agreement will remain in full force and effect while you use the Web site
and/or are a Member. You may terminate your membership at any time, for any
reason by following the instructions on the Cancel Account page in Account
Settings. AKinTu may terminate your membership for any reason, at any time and
is effective upon sending notice to you at the email address you provide in your
Membership application or such other email address as you may subsequently
provide to AKinTu.com.. If AKinTu terminates your membership in the Service
because you have breached the Agreement, you will not be entitled to any refund
of unused subscription fees. Even after membership is terminated, this Agreement
will remain in effect. By using the Service and by becoming a Member, you
acknowledge that AKinTu.com reserves the right to charge for the Service and has
the right to terminate a Member's Membership should Member breach this Agreement
or fail to pay for the Service, as required by this Agreement.
Non
Commercial Use by Members
The Web site is for the personal use of Members only and may not be used in
connection with any commercial endeavors. Passwords and compiled names, photos,
links, and Web site content are not to be transferred or copied from the Web
site for use with any other product or service. Illegal and/or unauthorized uses
of the Web site, including collecting usernames and/or email addresses of
members by electronic or other means for the purpose of sending unsolicited
email and unauthorized framing of or linking to the Web site will be
investigated. Appropriate legal action will be taken by AKinTu.com for any
illegal or unauthorized use of the Website.
Proprietary
Rights of Content on AKinTu.com
AKinTu.com owns and retains all proprietary rights in the Website and the
Service. The Website contains copyrighted material, trademarks, and other
proprietary information of AKinTu.com and its licensors. Except for that
information which is in the public domain or for which you have been given
written permission, you may not copy, modify, publish, transmit, distribute,
perform, display, or sell any such proprietary information.
Content
Posted on the Site
a. You understand and agree that AKintu.com may review and delete any content,
messages, text, files, images, AKintu.com Messenger messages, photos, videos,
sounds, profiles, works of authorship, or any other materials (collectively,
"Content") that in the sole judgment of AKintu.com violate this Agreement or
which may be offensive, illegal or violate the rights, harm, or threaten the
safety of any Member. b. You are solely responsible for the Content that you
publish or display (hereinafter, "post") on the Service or any material or
information that you transmit to other Members. c. By posting any Content to the
public areas of the Website, you hereby grant to AKintu.com the non-exclusive,
fully paid, worldwide license to use, publicly perform, publicly display,
modify, and translate such Content on the Website. This license will terminate
at the time you remove such Content from the Website. You represent and warrant
that: (i) you own the Content posted by you on the Website or otherwise have the
right to grant the license set forth in this section, and (ii) your Content does
not violate the privacy rights, publicity rights, copyright rights, intellectual
property rights, or any other rights of any person, and (iii) the posting of
your Content on the Website does not result in a breach of any contract between
you and a third party. You agree to pay for all royalties, fees and any other
monies owing any person by reason of any Content you post on the Website. d. The
following is a partial list of the kind of Content that is illegal or prohibited
on the Website. AKintu.com reserves the right to investigate and take
appropriate legal action in its sole discretion against anyone who violates this
provision, including without limitation, removing the offending communication
from the Service and terminating the membership of such violators. Prohibited
Content includes Content that: i. is obscene, patently offensive, or promotes
racism, bigotry, hatred or physical harm of any kind against any group or
individual; ii. harasses or advocates harassment of another person; iii.
involves the transmission of "junk mail", "chain letters," or unsolicited mass
mailing or "spamming"; iv. promotes information that you know is false or
misleading or promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libelous; v. promotes an illegal or
unauthorized copy of another person's copyrighted work, such as providing
pirated computer programs or links to them, providing information to circumvent
manufacture-installed copy-protect devices, or providing pirated music or links
to pirated music files; vi. contains restricted or password only access pages or
hidden pages or images (those not linked to or from another accessible page);
vii. provides material that exploits people under the age of 18 in a sexual or
violent manner, or solicits personal information from anyone under 18; viii.
provides instructional information about illegal activities such as making or
buying illegal weapons, violating someone's privacy, or providing or creating
computer viruses; ix. solicits passwords or personal identifying information for
commercial or unlawful purposes from other users; or x. involves commercial
activities and/or sales without our prior written consent such as contests,
sweepstakes, barter, advertising, or pyramid schemes; (xi) for band profiles,
uses sexually suggestive imagery or any other unfair, misleading or deceptive
content intended to draw traffic to the profile. e. You must use the Service in
a manner consistent with any and all applicable laws and regulations. f. You may
not include in your Member profile any telephone numbers, street addresses, last
names, URLs or email addresses on any public and non-password protected area of
this Website. g. You may not engage in advertising to, or solicitation of, any
Member to buy or sell any products or services through the Service. You may not
transmit any chain letters or junk email to other Members. Although AKintu.com
cannot monitor the conduct of its Members off the Website, it is also a
violation of these rules to use any information obtained from the Service in
order to harass, abuse, or harm another person, or in order to contact,
advertise to, solicit, or sell to any Member without their prior explicit
consent. In order to protect our Members from such advertising or solicitation,
AKintu.com reserves the right to restrict the number of emails which a Member
may send to other Members in any 24-hour period to a number which AKintu.com
deems appropriate in its sole discretion. h. You may not cover or obscure the
banner advertisements on your personal profile page, or any AKintu page via
HTML/CSS or any other means. i. Any automated use of the system, such as using
scripts to add friends, is prohibited. j. You may not attempt to impersonate
another user or person who is not a member of AKintu.com. K. You may not use the
account, username, or password of another Member at any time nor may you
disclose your password to any third party or permit any third party to access
your account. m. You may not sell or otherwise transfer your profile.
Copyright
Policy
You may not post, distribute, or reproduce in any way any copyrighted material,
trademarks, or other proprietary information without obtaining the prior written
consent of the owner of such proprietary rights. It is the policy of AKintu.com
to terminate membership privileges of any member who repeatedly infringes
copyright upon prompt notification to AKintu.com by the copyright owner or the
copyright owner's legal agent. Without limiting the foregoing, if you believe
that your work has been copied and posted on the Service in a way that
constitutes copyright infringement, please provide our Copyright Agent with the
following information: an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest; a
description of the copyrighted work that you claim has been infringed; a
description of where the material that you claim is infringing is located on the
Website; your address, telephone number, and email address; a written statement
by you that you have a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law; a statement by you, made under
penalty of perjury, that the above information in your notice is accurate and
that you are the copyright owner or authorized to act on the copyright owner's
behalf. AKintu.com's Copyright Agent for notice of claims of copyright
infringement can be reached as follows: Copyright Agent, AKintu.com P.O. Box 34,
Blairstown, NJ 07825.
Member
Disputes
You are solely responsible for your interactions with other AKinTu.com Members.
AKinTu.com, Inc. reserves the right, but has no obligation, to monitor disputes
between you and other Members.
Privacy
Use of the Website and/or the Service is also governed by our
Privacy Policy.
Disclaimers
AKintu.com is not responsible for any incorrect or inaccurate Content posted on
the Website or in connection with the Service provided, whether caused by users
of the Website, Members or by any of the equipment or programming associated
with or utilized in the Service. AKintu.com is not responsible for the conduct,
whether online or offline, of any user of the Website or Member of the Service.
AKintu.com assumes no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications line
failure, theft or destruction or unauthorized access to, or alteration of, any
user or Member communication. AKintu.com is not responsible for any problems or
technical malfunction of any telephone network or lines, computer online
systems, servers or providers, computer equipment, software, failure of any
email or players due to technical problems or traffic congestion on the Internet
or at any Website or combination thereof, including any injury or damage to
users and/or Members or to any person's computer related to or resulting from
participation or downloading materials in connection with the Website and/or in
connection with the Service. Under no circumstances shall AKintu.com be
responsible for any loss or damage, including personal injury or death,
resulting from use of the Website or the Service or from any Content posted on
the Website or transmitted to Members, or any interactions between users of the
Website, whether online or offline. The Website and the Service are provided
"AS-IS" and AKintu.com expressly disclaims any warranty of fitness for a
particular purpose or non-infringement. AKintu.com cannot guarantee and does not
promise any specific results from use of the Website and/or the Service.
Limitation
on Liability
In no event will AKintu be liable to you or any third person for any indirect,
consequential, exemplary, incidental, special or punitive damages, including
also lost profits or damages arising from your use of the Web site or the
Service, even if AKintu has been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, AKintu's liability to
you for any cause whatsoever, and regardless of the form of the action, will at
all times be limited to the amount paid, if any, by you to AKintu for the
Service during the term of membership.
U.S.
Export Controls
Software from this Website (the "Software") is further subject to United States
export controls. No Software may be downloaded from the Website or otherwise
exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq,
Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has
embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of
Specially Designated Nationals or the U.S. Commerce Department's Table of Deny
Orders. By downloading or using the Software, you represent and warrant that you
are not located in, under the control of, or a national or resident of any such
country or on any such list.
Disputes
If there is any dispute about or involving the Website and/or the Service, by
using the Website, you agree that any dispute shall be governed by the laws of
the State of New Jersey without regard to conflict of law provisions. You agree
to personal jurisdiction by and venue in the state and federal courts of the
State of Jersey, Warren County.
Indemnity
You agree to indemnify and hold AKintu.com, its subsidiaries, affiliates,
officers, agents, and other partners and employees, harmless from any loss,
liability, claim, or demand, including reasonable attorneys' fees, made by any
third party due to or arising out of your use of the Service in violation of
this Agreement and/or arising from a breach of this Agreement and/or any breach
of your representations and warranties set forth above.
No Agency
There is no agency, partnership, joint venture, employee-employer or
franchisor-franchisee relationship between AKinTu and any User of the Service.
Other
This Agreement is accepted upon your use of the Website and is further affirmed
by you becoming a Member of the Service. This Agreement constitutes the entire
agreement between you and AKintu.com regarding the use of the Website and/or the
Service. The failure of AKintu.com to exercise or enforce any right or provision
of this Agreement shall not operate as a waiver of such right or provision. The
section titles in this Agreement are for convenience only and have no legal or
contractual effect. Please contact us with any questions regarding this
Agreement.
AKintu.com is a trademark of AKintu, Inc.
I
HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.