Aktub Terms and Conditions
1. ACCEPTANCE OF TERMS OF SERVICE
1.1 Welcome to the Aktub services, tools and software (collectively, the "Aktub Service"), provided to you by Aktub LLC. ("we" "us" "our" or "Aktub").
1.2 Your use of the Aktub Service or Aktub’s Web properties through which the Aktub Service is available is subject to this Aktub Terms of Service ("TOS") in effect at the time of your use. Aktub reserves the right to update and change this TOS from time to time without notice or acceptance by you, so please check this page frequently for updates and changes. However, changes made to this TOS will not apply to you to the extent that (i) the changes concern matters which are the subject of an actual dispute between you and Aktub as of the date the changes take effect and (ii) Aktub has actual notice of the dispute as of the date the changes take effect.
1.6 The Aktub Service is not intended for users under the age of thirteen (13). By signifying your acceptance of this TOS or making any use of the Aktub Service, you represent and warrant that you are at least thirteen (13) years of age.
2. REGISTRATION, ACCOUNT INFORMATION AND SECURITY
2.1 When you register to use the Aktub Service, you must provide true, accurate, current and complete information about yourself and maintain and promptly update your account information to keep it true, accurate, current and complete.
2.2 You are responsible for maintaining control over access to your account, including the confidentiality of your account log-in and password, and are responsible for all activities that occur on or through your account, whether authorized by you or not. Aktub will not be liable for any loss or damage arising from your failure to maintain control over access to your account.
2.3 Purchases of any paid Aktub service authorize access to the service only by you as an individual, through your account. You are not authorized to delegate access to a paid service to a third-person through your account. We reserve the right to revoke, limit, or otherwise abridge your access to a paid Aktub service if you violate this term.
3. VERSIONS AND SERVICE LEVELS
3.1 The Aktub Service may be made available in free or paid versions and/or in different service levels. Not all of the features and functionality of the Aktub Service may be available in each version or service level. The features and functionality of each version or service level may be changed from time to time at Aktub’s discretion.
3.2 Aktub reserves the right to change, suspend or discontinue part or all of any version of the Aktub Service at any time, for any reason, without notice and without explanation.
4. PROFESSIONAL SERVICES
4.1 Aktub may offer certain professional services, such as customization services, to users of the Aktub Service (collectively, the "Professional Services"). If you desire to engage Aktub to provide Professional Services, you and Aktub will document the scope, cost, schedule and deliverables for each such Professional Services engagement in a separate Statement of Work to be executed by both parties. Each Statement of Work will be subject to all of the terms and conditions of this TOS. In the event of any conflict between this TOS and any Statement of Work, the terms of the Statement of Work will control.
4.2 Aktub or one of its affiliates will perform the Professional Services described in each Statement of Work in a competent and professional manner and will use its reasonable commercial efforts to cause the Professional Services to be completed according to the schedule set forth in the Statement of Work. You will provide all assistance and cooperation reasonably necessary to permit Aktub or its affiliate to timely and efficiently provide the Professional Services. You acknowledge that Aktub will not be in breach of any Statement of Work if Aktub’s or its affiliate's failure to provide the Professional Services is caused by your failure to provide the necessary assistance and cooperation.
4.3 Upon payment in full of all of Aktub’s invoiced fees for the Professional Services, you will have a worldwide, royalty-free, non-exclusive, non-transferable right and license to use the deliverables specified in the corresponding Statement of Work (the "Deliverables") solely in connection with your Aktub account. You will not rent, sell, assign, lease, sublicense or otherwise transfer any Deliverables.
4.4 Aktub owns all right, title and interest in and to the Deliverables. Aktub reserves all rights to the Deliverables that are not expressly granted to you herein. Nothing herein will be construed as granting you any property rights in the Deliverables, or to any invention or any patent, copyright, trademark, or other intellectual property right that has been issued, or that may issue, based on the Deliverables. The Deliverables are licensed hereby, not sold.
5. PAYMENT TERMS APPLICABLE TO PAID VERSIONS OF THE AKTUB SERVICE
5.1 In order to register for or use a paid version of the Aktub Service, you may be required to provide Aktub with billing and account information ("Billing Information") for a credit card, payment card or another payment system for which you are authorized to approve charges (each, a "Payment Source") to allow Aktub to collect payment from you for your use of the Aktub Service. You must provide Aktub with true, accurate, current and complete Billing Information and maintain and promptly update your Billing Information to keep it true, accurate, current and complete.
5.2 You authorize Aktub to automatically and immediately bill your Payment Source when charges for your use of the paid version of the Aktub Service are due, without any further action on your part or other prior notice on the part of Aktub. You assume full responsibility for such charges, even if such charges are declined or not paid by your Payment Source.
5.3 If you register to use a paid version of the Aktub Service on a free-trial basis and you do not cancel the trial before the expiration of the trial period, then, upon the expiration of the trial period, your account will be automatically converted to a paid account and your Payment Source will be billed for that paid Aktub Service.
5.4 If your Payment Source is invalid, if charges billed to your Payment Source are declined or not paid or if you fail to pay charges for a paid version of the Aktub Service when due, your account may be downgraded, suspended or cancelled, at Aktub’s discretion. If your account is suspended, Aktub may, but is not obligated to, maintain your account and/or related content and information, in order to allow you pay the past-due charges and restore your account. If the charges are not paid, your account may be cancelled.
5.5 Unless stated to the contrary, all charges for paid versions of the Aktub Service are non-refundable, even if your use of the paid version of the Aktub Service is cancelled before the end of your current billing period.
5.6 Unless stated to the contrary, all currency references in paid versions of the Aktub Service are in U.S. dollars.
6. UPGRADES AND DOWNGRADES
6.1 Aktub may make available the ability for you to voluntarily upgrade or downgrade your account between free or paid versions and/or different service levels of the Aktub Service. In addition, Aktub reserves the right to downgrade your account if you fail to pay charges for a paid version of the Aktub Service when due or if you cancel your account for a paid version of the Aktub Service without requesting that Aktub delete your account completely.
6.2 If your account is upgraded from a free version of the Aktub Service to a paid version of the Aktub Service, your Payment Source will be automatically billed for that paid Aktub Service.
6.3 If your account is upgraded to a service level of a paid version of the Aktub Service for which the charges are greater than your current service level, your Payment Source will be automatically billed a pro-rata amount of the charges due for the balance of your current billing period.
6.4 If your account is downgraded from a paid version of the Aktub Service to a free version of the Aktub Service, or your account is downgraded to a service level of a paid version of the Aktub Service for which the charges are less than your current service level, you will not receive a refund of the difference in the charges due for the balance of your current billing period.
6.5 If your account is downgraded from a paid version of the Aktub Service to which a discount is applied (including but not limited to a term or volume discount) to a paid version of the Aktub Service to which a lesser or no discount is applied, Aktub may bill your Payment Source to recover the amount of the difference in the charges due retroactive to the first date the discount was applied.
6.6 Upgrading or downgrading your account between different versions or service levels of the Aktub Service may result in changes to the features and functionality available to you. Further, downgrading your account may result in some or all of the content and information relating to your account being no longer available to you and/or being deleted by Aktub. Aktub will have no liability for content or information that is no longer available to you or that is deleted due to the downgrading of your account.
7. CONTENT AND CONTENT LICENSES
7.1 Aktub does not claim ownership over the content you post on the Aktub Service. After posting your content, you continue to retain your ownership of your content and you continue to have the right to use and license your content in any way you choose. But by using the Aktub Service or Aktub’s Web properties through which the Aktub Service is available, you are granting Aktub a nonexclusive, worldwide, royalty-free, sublicenseable and transferable right and license to use, reproduce, create derivative works of, distribute, publicly perform and publicly display your content, subject to any restrictions on such distribution which you may implement through any content distribution controls provided to you by Aktub as part of the Aktub Service. This license ends when you delete your content or your account (except to the extent that your content has been shared with others or syndicated to third parties and they have not deleted it). You may always decline to submit content to Aktub, but please be aware that your decision may prevent you from being able to use all or portions of the Aktub Service.
7.2 You acknowledge that Aktub does not pre-screen content, but that Aktub and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Aktub Service.
7.3 You will evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content and you understand that all content is the sole responsibility of the person from which such content originated. This means that you, and not Aktub, are entirely responsible for all content that you upload, post, transmit or otherwise make available via the Aktub Service. Aktub does not control the content posted via the Aktub Service and, as such, does not guarantee the accuracy, integrity or quality of such content.
7.4 You understand that by using the Aktub Service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Aktub be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available via the Aktub Service.
7.6 The technical processing and transmission of the Aktub Service, including your content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
8. CANCELLATION AND TERMINATION
8.1 If you voluntarily cancel a paid version of the Aktub Service before the end of your current billing period, your cancellation will take effect upon Aktub’s receipt and processing of your cancellation request.
8.3 Aktub, in its sole discretion and at any time, may discontinue providing the Aktub Service, or any part thereof, with or without notice. Any termination of your access to the Aktub Service under any provision of this TOS may be effected without prior notice. Aktub may immediately deactivate or delete your account, as applicable, and all related information and content. Aktub reserves the right to bar any further access to such information or content or the Aktub Service. Aktub will not be liable to you or any third party for any termination of your access to the Aktub Service.
8.4 After cancellation or termination of your account for any reason, you will no longer have access to your account and all information and content in your account or that you have stored on the Aktub Service may be deleted by Aktub. Aktub will have no liability for information or content that is deleted due to the cancellation or termination of your account for any reason.
9. ADDITIONAL SOFTWARE
9.1 With respect to any additional software that may be made available by Aktub in connection with the Aktub Service, if you elect to download or access such additional software, you understand that you may have to agree to additional terms and conditions before you use such software.
10. INTERSTATE AND INTERNATIONAL USE
10.1 In using the Aktub Service to send electronic communications, and as a result of Aktub’s network architecture and business practices and the nature of electronic communications in general, you acknowledge that your communications may constitute interstate or international communications and/or data transmissions regardless of where you are physically located at the time of transmission.
10.2 The Aktub Service is hosted in the United States. If you use the Aktub Service from outside of the United States, you are voluntarily transferring information (potentially including personally-identifiable information) and content to the United States and agreeing that Aktub’s collection, use, storage and sharing of your information and content is exclusively subject to the laws of the United States, not of the jurisdiction in which you are located.
10.3 You will comply with all United States laws, rules and regulations applicable to the export of products, services, software and technical data regardless of the jurisdiction in which you are located.
11. ADVERTISING AND ADVERTISERS
11.1 The Aktub Service may include advertisements, which are necessary for Aktub to provide the Service. Aktub reserves the right to include advertisements in different versions and/or in different service levels of the Aktub Service at its discretion.
11.2 In certain versions and/or in different service levels of the Aktub Service, you may be allowed to place advertisements of your choosing. Your advertisement placements may be subject to additional terms and conditions.
11.3 Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Aktub Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Aktub will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Aktub Service.
12.1 The Aktub Service may provide, or third parties may provide, links to other content, products, services or Web sites which are not owned or operated by Aktub. Because Aktub has no control over such content, products, services or Web sties, Aktub is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Aktub will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, services or Web sties.
14. RESALE OF AKTUB SERVICE
14.1 You will not reproduce, duplicate, copy, sell, resell or exploit any portion of the Aktub Service, use of the Aktub Service or access to the Aktub Service without the express written permission of Aktub.
15. GENERAL PRACTICES REGARDING USE AND STORAGE
15.1 Aktub may establish general practices and limits concerning use of the Aktub Service and may modify such practices and limits from time to time.
16. MODIFICATIONS TO THE AKTUB SERVICE
16.1 Aktub reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Aktub Service (or any part thereof) with or without notice at any time. You agree that Aktub will not be liable to you or to any third party for any modification, suspension or discontinuance of the Aktub Service.
17. CONFIDENTIAL INFORMATION AND PROPRIETARY RIGHTS
17.1 The Aktub Service and any necessary software used in connection with the Aktub Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Content contained in sponsor advertisements or information presented to you through the Aktub Service or advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Aktub or advertisers, you will not modify, rent, lease, loan, sell, distribute or create derivative works based on the Aktub Service, any necessary software used in connection with the Aktub Service or any advertiser's content, in whole or in part.
18. DISCLAIMER OF WARRANTIES
18.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE AKTUB SERVICE IS AT YOUR SOLE RISK. THE AKTUB SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AKTUB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) AKTUB WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE AKTUB SERVICE, HOWEVER, AKTUB IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE AKTUB SERVICE, OR OTHER INTERACTION WITH THE AKTUB SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE AKTUB SERVICE. AKTUB DOES NOT WARRANT THAT (i) THE AKTUB SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE AKTUB SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE AKTUB SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE AKTUB SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE AKTUB SERVICE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE AKTUB SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE AKTUB SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
19. LIMITATION OF LIABILITY
19.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT AKTUB WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AKTUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE AKTUB SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE AKTUB SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE AKTUB SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE AKTUB SERVICE.
20. EXCLUSIONS AND LIMITATIONS
20.1 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.
21. U.S. GOVERNMENT RESTRICTED RIGHTS
21.1 If you are an agency of the United States Government, the Aktub Service is a "Commercial Item," as that term is defined at 48 C.F.R. Section 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. Section 12.212 or 48 C.F.R. Section 227.7202, as applicable. Consistent with 48 C.F.R. Section 12.212 or 48 C.F.R. Section 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to the United States Government (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. All unpublished rights are reserved under the copyright laws of the United States. For purpose of any public disclosure provision under any law, it is agreed that the Aktub Service is a trade secret and proprietary commercial product and not subject to disclosure.
22.1 Notices to you may be made via either email or regular mail. Aktub may also provide notices of changes to this TOS or other matters by displaying notices or links to notices to you generally on the Aktub Service.
22.2 This TOS and the relationship between you and Aktub will be governed by the laws of the State of Connecticut without regard to its conflict of law provisions. You and Aktub agree to submit to the personal and exclusive jurisdiction of the courts located within New Haven, Connecticut with regard to all disputes arising in any manner from the Aktub Service, Aktub’s Web properties through which the Aktub Service is available or this TOS.
22.3 The failure of Aktub to exercise or enforce any right or provision of this TOS will not constitute a waiver of such right or provision. This TOS constitutes the entire agreement between you and Aktub and governs your use of the Aktub Service, superseding any prior agreements between you and Aktub (including, but not limited to, any prior versions of this TOS). If any provision of this TOS or incorporated documents are 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 this TOS will remain in full force and effect.
22.4 You also may be subject to additional terms and conditions that may apply when you use affiliated or other Aktub services, third-party content or third-party software.
22.5 Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Aktub Service, Aktub’s Web properties through which the Aktub Service is available or this TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
22.6 The section titles in this TOS are for convenience only and have no legal or contractual effect.