Akana Website Terms of Use and Privacy Policy

We at Akana, Inc. (“Akana,” “us,” “we”) know you care about how your personal information is used and shared, and we take your privacy seriously.  Please read the following to learn the rules and restrictions that govern your use of the Akana website and services (the “Services”).  By using or accessing the Services in any manner, you acknowledge that you accept the obligations, practices and policies outlined in these Terms of Use and Privacy Policy (the “Terms”), and you hereby consent that we will collect, use, and share your information in the following ways. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

Restrictions

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:

  1. Infringes or violates the intellectual property rights or any other rights of anyone else (including Akana);
  2. Violates any agreement you have with any third party (including any confidentiality agreement);
  3. Violates any law or regulation, including any applicable export control laws and laws regarding the disclosure and use of material non-public information regarding publicly traded companies;
  4. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  5. Jeopardizes the security of your Services account or anyone else’s (such as allowing someone else to log in to the Services as you);
  6. Attempts, in any manner, to obtain the password, account, or other security information from any other user;
  7. Violates the security of any computer network, or cracks any passwords or security encryption codes;
  8. Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
  9. “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
  10. Copies or stores any significant portion of the Content;
  11. Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

Privacy

What information does Akana collect?

Akana collects personally identifying information and data about individuals, their company, and the company’s demographics (“Personal Information”) including: (i) when you provide information to us, such as when you register or sign up for any of our communications such as newsletters, brochures, webcasts, White Papers, online seminars, conferences, memberships, RSS Feeds, content delivery and other communications with us; (ii) when you register or sign up on the Akana website;  and (iii) from time to time we may add other information that we collect from third-party sources to enhance the information that you provided to us. We reevaluate this Privacy Policy on an ongoing basis based on feedback from readers. We reserve the right to change our Privacy Policy at any time. However, if there are any changes to the use of Personal Information that are different from that stated at the time of collection, we will notify you by posting a notice on our website. If you don’t agree with the new Terms, you are free to reject them, but you will no longer be able to use the Services.  If you use the Services in any way after a change to the Terms is effective, you are indicating your agreement to all of the changes.

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 info@akana.com.

We or our third-party partners may transmit “cookies” to a user’s browser or device. Cookies allow us to recognize your browser or device and tell us how and when pages and features in our Services are visited and by how many people.  You may be able to change the preferences on your browser or device to prevent or limit your device’s acceptance of cookies, but this may prevent you from taking advantage of some of our features.  These Terms do not cover the use of cookies by third parties, and we aren’t responsible for their privacy policies or practices.

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: info@akana.com

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 info@akana.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 info@akana.com or mailed to:

Akana
Unsubscribe Department
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 info@akana.com, and we will try to resolve your concerns.

Other Terms Applicable to the Services

Licenses

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.

Termination

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.

Miscellaneous

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.

  1. Procedure for Reporting Copyright Infringements.  If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to Akana’s Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):
    1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
    2. Identification of works or materials being infringed;
    3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
    4. Contact information about the notifier including address, telephone number and, if available, email address;
    5. A statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized by the copyright owner, its agent, or the law; and
    6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
  2. 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:

    1. remove or disable access to the infringing material;
    2. notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
    3. terminate such content provider’s access to the Services if he or she is a repeat offender.
  3. 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:

    1. A physical or electronic signature of the content provider;
    2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
    3. A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
    4. Content provider’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

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:

Akana
12100 Wilshire Blvd Suite 1800
Los Angeles, CA 90025