You represent and warrant that you are an individual and are at least 18 years old. You will only use the Services in a manner that complies with all laws that apply to you.
You will not use the Services or interact with the Services (including by contributing any Content or User Submission (as defined below)) in a manner that:
What information does Akana collect?
We do not knowingly collect or solicit personal information from anyone under the age of 13. If you are under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at email@example.com.
If you have registered with Akana, the information collected by cookies is used to provide a more personalized experience on our website. For example, in our webcasts, a cookie may allow us to show you the webcast without having to re-register or to review it since your last log-in. We may use this data to customize content for you that we think you might like, based on your usage patterns. We may also use it to improve the Services – for example, this data can tell us how often users use a particular feature of the Services, and we can use that knowledge to make the Services interesting to as many users as possible.
Will Akana Share Any of the Personal Information it Receives?
We do not rent or sell your Personal Information in personally identifiable form to anyone. We may share your Personal Information with third parties by: (i) anonymizing your Personal Information so that you are not individually identified and providing that information to our partners; (ii) providing aggregate usage information to our partners; (iii) sharing your Personal Information with affiliated businesses to the extent that it is related to a transaction or service provided to you in connection with the Services; and (iv) sharing Personal Information with other companies and people we employ to perform tasks on our behalf so that they can provide products or services to you. We have no control over the policies and practices of third party websites or businesses as to privacy or anything else, so if you choose to take part in any transaction or service relating to an affiliated website or business, please review all such business’ or websites’ policies.
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of Personal Information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to: firstname.lastname@example.org
When you provide your email address to us, you agree to receive email from Akana. Each time we use your e-mail address to communicate with you, you can individually “opt-out” of receiving further e-mail by clicking the appropriate links that appear at the bottom of any email you receive. Akana users should be aware that when they disclose personal identifying information (e.g., user name, address, company name, telephone number, demographic information, buying information, other data and e-mail address) in discussion forums, chat rooms or other areas that are publicly accessible by others, that information can be collected and used by others and may result in unsolicited messages from other posters or parties. Akana is not responsible for any information that you provide in the above areas.
We may choose to buy or sell assets, and may share and/or transfer Personal Information in connection with the evaluation of and entry into such transactions. In the event that part or all of the ownership of Akana or any of its products are sold or transferred, all lists and data which contain Personal Information (including, for example, user name, address, company name, telephone number, demographic information, buying information, other data and e-mail address) will be transferred to the new owner.
To access restricted content on the Akana website you must be a registered user or partner of Akana. To become a registered user or partner of Akana, you need to provide certain information about yourself, which may include your name, address, email address, and other Personal Information. Akana may use this identifying information for internal analytical and business development purposes and to communicate with you.
What Personal Information can I access?
Through your online account, you can unsubscribe to the Services. If you have any questions about viewing, updating, or deleting the information that we have on file about you, please contact us at email@example.com.
Some information may remain in our records after your deletion of your account or of such information from your account. We may continue to use data derived from or incorporating your Personal Information after you update or delete it.
Registered users who do not want their names used in any of the above ways may contact us and ask to be removed from the promotion list. Requests should be emailed to firstname.lastname@example.org or mailed to:
12100 Wilshire Blvd Suite 1800
Los Angeles, CA 90025
Is Personal Information about me secure?
We endeavor to protect the privacy of your account and other Personal Information we hold in our records, but unfortunately, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
If you have any questions or concerns regarding these Terms, please send us a detailed message to email@example.com, and we will try to resolve your concerns.
Other Terms Applicable to the Services
Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.” In order to display your User Submissions on the Services, and to allow other users to view them, you grant us and other users certain rights in those User Submissions. Subject to the Privacy section above with respect to Personal Information, you hereby grant Akana a license to display, perform, distribute, translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services. This is a license only – your ownership in User Submissions is not affected. You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide.
The materials displayed or performed or available on or through the Services, including, but not limited to, text, data, photos, and User Submissions (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You will abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use or exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Akana’s) rights.
You understand that Akana owns the Services. Except as expressly allowed by these Terms, you won’t modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, or otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply.
Akana is free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Please note that account termination may result in destruction of any Content associated with your account.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any liability arising from your use of the Service, any limitations on our liability, any terms regarding ownership or intellectual property rights, terms regarding disputes, and the “Disclaimer” and “Miscellaneous” sections.
If there is a dispute between participants on this site, or between users and any third party, you agree that Akana is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Akana, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”
Warranty Disclaimer. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED BY AKANA (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL AKANA (OR ITS LICENSORS, SUPPLIERS, EMPLOYEES AND AGENTS) BE LIABLE TO YOU OR TO ANY OTHER PERSON IN CONNECTION WITH THE SERVICES FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF $100, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL.
Etc. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Akana’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Los Angeles County, California, or the Southern District of California. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. There are no third party beneficiaries intended under these Terms. These Terms are the only agreement between the parties with respect to the subject matter herein; provided, however, that these Terms do not supersede any other agreements we may have with you with respect to different subject matter, including without limitation any software license we have entered into with you.
Copyright Dispute Policy
We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. In accordance with the DMCA, we’ve adopted the policy below toward copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders. To learn more about the Digital Millennium Copyright Act, click here.
Once Proper Bona Fide Infringement Notification is Received by the Designated Agent. Upon receipt of a proper notice of copyright infringement, we reserve the right to:
Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:
If a counter-notice is received by the Designated Agent, Company may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company’s discretion.
Please contact Company’s Designated Agent at the following address:
12100 Wilshire Blvd Suite 1800
Los Angeles, CA 90025