Akwa - Terms-of-use

Akwa and its affiliates, (collectively, "Akwa") makes available for your use on this Web site (www.akwa.io) information, documents, software, and products (collectively, the "MATERIALS") and various services and subscriptions offered by Akwa (collectively, the "Services"), subject to the terms and conditions set forth in this document (the "TERMS OF USE"). By accessing this site, which includes your access to or use of any of the Services, you agree to the Terms of Use. Akwa reserves the right to update the Terms of Use from time to time at its sole discretion. Your use of this site will be subject to the most current version of the Terms of Use posted on this site at the time of such use. In addition, when using particular Services, Content (as defined below) or Material on this site, you shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in the Terms of Use. All such guidelines or rules are hereby incorporated by reference into the Terms of Use. If you breach any of the Terms of Use, your authorization to use this site automatically terminates and you must cease accessing the site and immediately destroy any Materials downloaded or printed from the site

OWNERSHIP AND RESTRICTIONS
1. Akwa owns, controls, has license or the right to use and provide the site and Materials on the site. Unless otherwise indicated, all the Materials featured or displayed on the site, including text, images, photographs, graphics, illustrations, layout of the site, sound, software, trade dress, trademarks, patents, and the selection and arrangement thereof (collectively, the "CONTENT") is owned by Akwa, its affiliates, subsidiaries, and/or its third party providers.
2. Except as otherwise indicated elsewhere on this site, you may view, download, and print the Content available on this site subject to the following conditions:
  1. You may not modify, create derivative works from, participate in the transfer or sale of, or in any way exploit the site or any portion thereof for any public or commercial use, other than as expressly provided by these Terms of Use, without the express written permission of Akwa.
  2. In the event any content is downloaded or re-distributed, you have to maintain all copyright, attribution, and other notices contained in such Content, including, trademarks and service marks of Akwa and its affiliates or the respective right holder identified in the individual Content’s copyright notice.
3. You may not otherwise print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the Content contained on this site.
  YOU ARE SPECIFICALLY PROHIBITED FROM:
  1. Using any data mining, robots or similar data gathering or extraction methods
  2. Manipulating or otherwise displaying the site or its Content by using framing, linking, meta-tag or similar navigational technology
  3. Using the site or its Content other than for its intended purpose
4. The rights granted to you constitute a limited use license and not a transfer of title. You do not acquire any ownership rights by downloading or using any of the Content.
5. Akwa reserves the right to revoke your authorization to view, download, and print the Content available at any time, and any such use shall be discontinued immediately upon such notice from Akwa.
REGISTRATION DATA AND ACCOUNT SECURITY
In consideration of your use of the site, you agree to:
1. Provide correct, accurate, current, and complete information about you as prompted by any registration forms on the site ("Registration Data")
2. Help maintain accuracy of such data by promptly making relevant changes or advising Akwa in a reasonable manner of such changes
3. Maintain the security of your password and login ID
4. Notify Akwa info@akwa.io immediately of any unauthorized use of your account or other breach of security
5. Accept all responsibility for any and all activity from your account
6. Accept all risks of unauthorized access to the Registration Data and any other information you provide to Akwa. You are responsible for consequences of all uses of your account and identification information whether or not actually or expressly authorized by you
INTELLECTUAL PROPERTY RIGHTS
1. Akwa is the sole owner or licensee of all the rights to the site and the Contents except as where indicated otherwise. All Contents are the property of Akwa or its affiliates or third parties and are protected by all the applicable laws, including, but not limited to copyright, trademark, trade-names, patents, Internet domain names, data protection, privacy and publicity rights and other similar rights and statutes. All title, ownership and intellectual property rights in the site and the Content shall remain with Akwa, its affiliates or respective owner or licensor, as the case may be and does not pass on to you or your representatives unless specifically agreed to by relevant parties.
2. COPYRIGHT
  1. Akwa and its licensors own copyright in the Content. You shall not remove any copyright or other proprietary rights notice contained in the Content.. Akwa prohibits any Content or any other material that infringes on any copyright, trademark, patent, and trade secret, right to privacy, right to publicity, or any other applicable law or proprietary right to be uploaded to the site. Akwa owns the copyright in the selection, coordination, arrangement and enhancement of the site. The site is protected by copyright as a collective work and compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws as applicable.
  2. Akwa respects the intellectual property rights of others, and we expect our user(s) to do the same. Akwa is not an expert in assessing intellectual property rights, and cannot verify or represent that the users and contributors to the site have rights to the material posted by them. If you believe that any material on the site infringes upon any copyright that you own or control, you may file a notification of such infringement with our legal department by email at info@akwa.com .
  3. Akwa may give notice of a claim of copyright infringement by means of a general notice on the site, electronic mail to a user's email address, and may also remove the infringing material uploaded by the user. Akwa is not endorsing any such material even in the event it is not removed.
3. TRADEMARKS
  1. Akwa is the exclusive owner and holder of Akwa trademarks, domain names www.Akwa.com, www.Akwa.in and www.Akwa.co.uk, or any other Akwa's trade names, trademarks, logos or service marks and including any other slogan(s) or design contained in the site and otherwise used in its business activities (collectively the " MARKS"). Said Marks shall remain the sole property of Akwa, its affiliates and subsidiaries, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Akwa. To the extent a Mark or logo does not appear in the aforementioned list or on the site does not constitute a waiver of any and all intellectual property rights that Akwa or its affiliates and subsidiaries have established in any of its product, feature, or service names or logos.
  2. You may not use, register, or assist others in using or registering any trademarks, trade names, logos, Internet domain names, or any mark or name confusingly similar to Marks without Akwa's prior written consent. You will not now or in the future contest the validity of Marks or, oppose or assist others in challenging registration of any of the Marks.
  3. All goodwill accruing to the Marks shall belong to Akwa. You agree not to use Marks in any manner that might tarnish, disparage, or reflect adversely on such Marks or Akwa.
  4. You agree not to use any Marks or any variant thereof including misspellings as a domain name or as part of a domain name regardless of the top-level domain, or as a meta tag, hidden text, keyword, or any other type of programming code or data. You cannot at any time, adopt or use, without Akwa's prior written consent any word or marks which is similar to or likely to be confused with Marks.
  5. In addition, the look and feel of the site, including all page headers, custom graphics, button icons and scripts, belong to Akwa, and which may not be copied, imitated or used, in whole or in part, without Akwa's prior written permission.
  6. All other trademarks, registered trademarks, product names and company names or logos mentioned in the site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise, by itself, does not constitute or imply endorsement, sponsorship or recommendation thereof by Akwa.
LINKS TO OTHER WEBSITES
1. The site may contain links and pointers to other Internet sites, resources and sponsors of the site. Akwa makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, concept, nature or reliability of third party sites accessible by hyperlink from the site, or third party sites linking to the site. Such third party sites are not under the control of Akwa and Akwa is not responsible for the contents of any linked third party site, or any review, changes or updates to such sites. Akwa provides these links to you as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Akwa of any third party site or any information contained therein. You should review the terms and policies, including privacy and data gathering practices, of any third party site to which you navigate from the Site.
2. Your participation, correspondence or business dealings with any third party found on or through the site, regarding third party goods and services and related obligations, payment and delivery of related goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Akwa shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
USER CONTENT
1. Certain Services offered on the site accommodate or require user-supplied information, materials or communications (collectively "USER CONTENT"). You are solely responsible for your use of such User Content and use them at your own risk.
2. By posting any material on the site, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the site any of the following:
  1. Anything that would infringe any copyright, trademark, patent, trade secret or other intellectual property and proprietary rights or contract rights of any party.
  2. Not to delete or revise any User Content posted by any third party.
  3. Any message, comment, data, information, photographic images, sound, text or other material that is unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable.
  4. Anything that would constitute, encourage or provide instructions for a criminal offense, violate rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
  5. Anything that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity.
  6. Unsolicited promotions, political campaigning, advertising, junk mail, spam, and chain letters.
  7. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers without appropriate authorization.
  8. Viruses, corrupted data or other harmful, disruptive or destructive files; and anything that, in the sole judgment of Akwa, is objectionable or which restricts or inhibits any person from using the site or which may expose Akwa or its users to any harm or liability of any type.
3. By posting material on the site you warrant and represent that you own or otherwise control all of the rights to your submission including, without limitation all the rights necessary for you to provide, post, upload, input or submit the materials on the site. Akwa takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Akwa liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity pornographic or otherwise offensive comments or contents you may encounter. Your use of the User Content is entirely at your own risk. As a provider of User Content, Akwa is not liable for any statements, representations and User Content provided by its users.
4. Although Akwa has no obligation to screen, edit or monitor any of the User Content posted on the site, Akwa reserves the right and in its absolute discretion may remove, screen or edit any User Content posted on the site at any time and for any reason without notice. You are solely responsible for creating backup copies of the User Content posted by you on the site at your sole cost.
5. Any use of the site or other provisions of the privacy policy of the site in violation of the foregoing violates these Terms of Use and may result, in among other things, termination and suspension of your User Account and affect your rights to use the site.
6. You acknowledge and agree that Akwa may access, use or disclose any information about you or your use of the site, including, without limitation, any User Content, personal information and other information required to comply with the law or any legal process; protect and defend the rights or property of Akwa and others; or to protect the safety of Akwa, its affiliates, parent, their respective directors, employees, officers, customers or the public.
7. Unless you indicate otherwise, you grant Akwa and its affiliates and subsidiaries, a non-exclusive, royalty free, perpetual, irrevocable and fully sublicensable right to use, distribute, perform and publish, translate, create derivative works from, distribute, perform and display any material you supply as User Content throughout the world in any media.
8. You grant Akwa, its affiliates and subsidiaries and sublicensees the right to use the name that you submit in connection with such User Content.
9. For User Content such as comments to the User Forums on the site, customer feedback, piracy reports or product suggestions, you grant Akwa an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such User Content. You also agree that Akwa is free to use any ideas, concepts, know-how or techniques that you send us for any purpose without any attribution of authorship, inventorship, or compensation to you.
LIMITATION OF LIABILITY AND DISCLAIMER
1. This site and Content is provided "as is" and Akwa, its directors, employees, content providers, agents and affiliates exclude, to the fullest extent permitted by applicable law, any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose.
2. Akwa will not be liable for any damages of any kind arising from the use of the site or Content, or the unavailability of the same, including, but not limited to lost profits, and direct, indirect, incidental, punitive and consequential damages. The functions embodied on or in the Content of the site are not warranted to be uninterrupted or without error.
3. You, not Akwa, assume the entire cost of all necessary servicing, repair or correction due to any damage caused by your use of the site or the Content. Akwa makes no warranty that the site or Content is free from infection by viruses or anything else that has contaminating or destructive properties.
4. Akwa uses commercially reasonable efforts to ensure the accuracy, correctness and reliability of the information and Content, but makes no representations or warranties as to the Content posted by the User(s) as to its accuracy, correctness, reliability and any other irregularity.
5. In no event shall Akwa, its affiliates, subsidiaries and their respective directors, employees, officers, members or agents be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including, but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the site, the Services, Content or the materials contained in or accesses through the site, including without limitation any damages caused by or resulting from reliance by user on any information obtained from Akwa, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Akwa' records, programs or Services.
6. In no event shall the aggregate liability of Akwa, whether in contract, warranty, tort (including, but not limited to negligence), product liability, strict liability or other theory, arising out of or relating to the use of the site exceed any compensation you pay, if any, to Akwa for access to or use of the site.
7. Some jurisdictions do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by applicable jurisdiction's laws and regulations.
INDEMNIFICATION
You agree to indemnify and hold Akwa, its affiliates, subsidiaries and their respective directors, employees, officers and agents harmless against all claims or liability asserted against Akwa arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use. You shall defend, indemnify and hold Akwa, its affiliates, subsidiaries and their respective directors, employees, agents and officers harmless from all damages, liabilities and expenses (including reasonable attorney's fees and permitted and authorized costs) arising out of breach of these Terms of Use as a result of claims by third parties relating to your use and act relating to these Terms of Use. Such indemnification is in addition to Akwa's right to terminate for a breach of the representations and warranties and is not a waiver or limitation of Akwa's other rights or remedies.
TERMINATION
You understand and agree that Akwa may, in its sole discretion and at any time, terminate your Account, if any, and discard and remove any content or information contained therein, for any reason. Akwa may also, in its sole discretion and at any time, discontinue any Services, or limit or restrict any user's access to the site or the Services, for any reason. You understand and agree that Akwa may take anyone or more of these actions without prior notice to you, but shall use commercially reasonably efforts to notify you of such termination. You understand and agree that Akwa shall not have any liability to you or any other person for any termination of your Member Account or access to Services or the removal of such information. Member may terminate its Member Account at any time by sending a request of termination by email to Akwa at info@akwa.com.
GOVERNING LAW AND JURISDICTION
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflicts of laws provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms of Use shall be an appropriate State or Federal court located in Harris County in the State of Texas and you hereby irrevocably consent to the jurisdiction of such courts.
GENERAL PROVISIONS
1. If one or more of the provisions contained in these Terms of Use is found to be invalid, illegal or enforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.
2. These Terms of Use constitute the entire agreement between you and Akwa with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
3. No action of Akwa, other than express waiver in writing, may be construed as a waiver of any provisions of these Terms of Use. A delay on the part of Akwa of its rights or remedies will not operate as a waiver of such rights or remedies. A single or partial exercise by a party of any such rights or remedies will not preclude other or further exercise of that right or remedy. A waiver of a right or remedy on any occasion will not be construed as a bar to or waiver of rights or remedies on any other occasion. Any rights not expressly granted herein are reserved by and for the benefit of Akwa.
4. You agree that any breach of these Terms of Use by you and your representatives would cause Akwa irreparable harm, injury, loss, and damage, the extent of which would be impossible to ascertain and for which monetary damages would not be an adequate remedy. Accordingly, in addition to any other remedies Akwa may have at law or in equity, Akwa shall be entitled to injunctive and other equitable relief without having to show specific or special injury or lack of other remedy in the event of any such breach of this Agreement by you or your representatives.

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