These Terms of Use are a legally binding contract between you and Akwaaba App. We’ll refer to all of as “Akwaaba App”.
These Terms of Use cover your use of the Akwaaba App consumer services, which we’ll refer to as the “Services”. The Services consist of:
These Terms of Use do not cover our enterprise (business) websites or services. Those services are described in our Enterprise Site Terms.
By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site(s), where applicable, you agree to all of the terms and conditions contained herein (“Terms of Use”), which also incorporate Akwaaba App’s Privacy Policy, Akwaaba App’s Intellectual Property Policy, Akwaaba App’s Photo Guidelines, Akwaaba App’s Venue Terms and Conditions, Placed Points Program, and all other operating rules, policies and procedures that may be published from time to time on the Site(s) by Akwaaba App, each of which is incorporated by reference and each of which may be updated by Akwaaba App from time to time without notice to you in accordance with the terms set out under the “Modification of Terms of Use” section below. In addition, some services offered through the Services may be subject to additional terms and conditions specified by Akwaaba App from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. These Terms of Use apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services on the Site(s), individual users of the Services, venues that access the Services, and users that have a page on the Services.
Subject to these Terms of Use, Akwaaba App may offer to provide the Services, as described more fully on our Sites, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but shall not be limited to, any services Akwaaba App performs for you, any applications or widgets offered by Akwaaba App that you download from ourSites or, subject to the terms set out under the “Third party Sites and Services” section below, from third party application stores (e.g., iTunes® store or Google Apps Marketplace) authorized by Akwaaba App, as well as the offering of any materials displayed or performed on or through the Services (including Content (as defined below)).
You may need to register for an account or use your credentials (e.g. username and password) from a third party social media platform to access some or all of our Services. If you register for an account with Akwaaba App, you shall provide Akwaaba App with accurate and complete registration information (including, but not limited to your email address and/or mobile telephone number (optional) and a password you will use to access the Service). You will also keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your Akwaaba App account. We recommend, but do not require, that you use your own name as your user name (“User Name”) so your friends can recognize you more easily.
You agree that you will not:
Akwaaba App reserves the right to refuse registration of, or cancel a user name, in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Akwaaba App password. You shall never use another user’s account without such other user’s prior express permission. You will immediately notify Akwaaba App in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
You must be at least 13 years of age to access of use the Services. If you are under 18 years of age (or the age of legal majority where you reside), you may only access or use the Services under the supervision of a parent of legal guardian who agrees to be bound by these Terms of Use. The Service is not available to individuals who are younger than 13 years old. Akwaaba App may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.
If you use a mobile device, please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply. In the event you change or deactivate your mobile telephone number, you agree that you will update your account information on the Services within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
By using the Services, you consent to Akwaaba App’s collection, use, and disclosure of information about you and your device. Please refer to our Privacy Policy for information about how we collect, use and disclose information about you and your mobile device. Please review our data collection practices carefully before using our Services.
ARBITRATION NOTICE:
THESE Akwaaba App CONSUMER SERVICES TERMS OF USE (“TERMS OF USE”) CONTAIN A MANDATORY ARBITRATION PROVISION. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT PROVISION, YOU AND THE Akwaaba App PARTIES AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND THE Akwaaba App PARTIES WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Akwaaba App cannot guarantee the authenticity of any Content or data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. For purposes of these Terms of Use, the term “Content” includes, without limitation, any location information, “shouts”, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise you make accessible to Akwaaba App on or through the Services. Content you add, create, upload, submit, distribute, post or otherwise obtain through your use of the Services, including Content that you add to the Services if you link your accounts to third party websites and services, is collectively referred to as, “User Submissions.”
The Services contain Content specifically provided by Akwaaba App or its partners and licensors, and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
Subject to these Terms of Use, Akwaaba App grants you a personal, worldwide, royalty-free, non-exclusive, non-sublicensable, non-transferable and revocable license to access, and use the Content, solely for non-commercial use. You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so. You agree not to authorize or permit any third party to distribute or make the Apps available over a network where it can be used by multiple devices at the same time; nor will you remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on or in the Services. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial (whether or not for profit) use or in any way that violates any third party right.
We may use your User Submissions in a number of ways in connection with our Sites, Services and Akwaaba App’s business as Akwaaba App may determine in its sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing other users to do the same in connection with their own websites, media platforms, and applications (“Third Party Media”). By submitting User Submissions on our Sites or otherwise through the Services, you hereby grant Akwaaba App a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to host, use, store, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions and any content that your submit to Akwaaba App for business purposes (e.g. promoting the Sweepstakes in which you participated) in connection with our Sites, Services and Akwaaba App’s (and its successors and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Sites (and derivative works thereof) or the Services in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also grant each user of our Sites and/or the Services, including Third Party Media, a non-exclusive license to access your User Submissions through our Sites and the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions in connection with their use of our Sites, Services and Third Party Media. For clarity, the foregoing license grant to Akwaaba App does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing with Akwaaba App.
You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
You understand that all information publicly posted or privately transmitted through our Sites is the sole responsibility of the person from which such Content originated; that Akwaaba App will not be liable for any errors or omissions in any Content; and that Akwaaba App cannot guarantee the identity of any other users with whom you may interact in the course of using our Services.
When you delete your User Submissions, they will be removed from the Services. However, you understand that any removed User Submissions may persist in backup copies for a reasonable period of time (but following removal, it will not be shared with others) or may remain with users or third parties who have previously accessed or downloaded your User Submissions.
As a condition of your use, you shall not use the Services for any purpose that is prohibited by these Terms of Use. You are solely responsible for all of your activity in connection with the Services. Additionally, you shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.
You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through our Services, including without limitation any User Submission, that:
If the User Submission includes a photograph, Akwaaba App’s Photo Guidelines shall apply. Akwaaba App has a zero-tolerance policy against child pornography, and will terminate and report to the appropriate authorities any user who publishes or distributes child pornography.
You shall not (directly or indirectly):
Akwaaba App does not guarantee that any Content or User Submission (as defined above) will be made available on the Site or through the Service. Akwaaba App has no obligation to monitor the Sites, Services, Content, or User Submissions. However, Akwaaba App reserves the right to (i) remove, suspend, edit or modify any Content in its sole discretion, including without limitation any User Submissions at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Akwaaba App is concerned that you may have violated these Terms of Use), or for no reason at all and (ii) to remove, suspend or block any User Submissions from the Service. Akwaaba App also reserves the right to access, read, preserve, and disclose any information as Akwaaba App reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Akwaaba App, its users and the public.
Certain features of our Services and/or certain services and products made available to you through the Services may allow you to purchase services (“Card Services”). Akwaaba App uses a third-party payment processor (the “Payment Processor”) to link your credit card account to the Services (your “Card Account”) for use of the Card Services. The processing of payments or credits, as applicable, in connection with the Card Services will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to this Agreement. Akwaaba App is not responsible for any errors by the Payment Processor. In connection with your use of the Card Services, Akwaaba App will obtain certain transaction details, which Akwaaba App will use solely in accordance with our Privacy Policy.
If you include Akwaaba App’s ‘Save-to-Akwaaba App’ Link (“Save-to Link”) on your website, the following additional terms apply to you:
If you have a “Page” on the Service, you also agree to the following:
If you are the verified representative of a venue, you also agree to Akwaaba App’s Venue Terms and Conditions.
Some of our Apps may run advertisements and promotions from third parties on or in connection with the Services or may otherwise provide information or links to third-party products or services on or in connection with the Services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. Akwaaba App is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Akwaaba App advertisers or third party information on the Services.
The Service may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site. When you access third party websites, you do so at your own risk. Each party’s terms will govern the respective party’s relationship with you. These other websites are not under Akwaaba App’s control, and you acknowledge that Akwaaba App is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Akwaaba App or any association with its operators. You further acknowledge and agree that Akwaaba App shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
Akwaaba App may terminate your access to all or any part of the Service and/or Save-to Link at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with the Services. If you wish to terminate your account, you may do so by following the instructions on our Sites. Any fees paid hereunder are non-refundable. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Akwaaba App has no special relationship with or fiduciary duty to you. You acknowledge that Akwaaba App has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; effects, if any, the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
You release Akwaaba App from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Akwaaba App makes no representations concerning any Content contained in or accessed through the Services, and Akwaaba App will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
You release us from all liability relating to your connections and relationships with other users of the Sites. You understand that we do not, in any way, screen users, nor do we inquire into the backgrounds of users or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of users or the veracity of any information users provide. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with users or persons you may otherwise meet through the Services. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through the Services, particularly if you decide to meet such individuals in person. For example, you should not, under any circumstances, provide your financial information (e.g., credit card or bank account numbers) to other individuals.
THE SITE, SERVICE, CONTENT AND SAVE-TO-LINK ARE PROVIDED “AS IS”, “AS AVAILABLE” AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.
Akwaaba App, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE, SERVICES, CONTENT AND SAVE-TO LINK IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You shall defend, indemnify, and hold harmless Akwaaba App, its subsidiaries, affiliates and each of its and its subsidiaries’, affiliates’ employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, our Sites, Services, Content, Save-to Link or otherwise from your User Submissions, violation of these Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity . Akwaaba App reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Akwaaba App in asserting any available defenses
ALL LIABILITY OF Akwaaba App, ITS SUBSIDIARIES AND AFFILIATES, EACH OF IT AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE OUR SITES, SERVICES, CONTENT, USER SUBMISSIONS OR SAVE-TO LINK IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT THAT IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF Akwaaba App, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TO ONE HUNDRED US DOLLARS ($100).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Akwaaba App, ITS SUBSIDIARIES AND AFFILIATES, NOR IT AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT Akwaaba App, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO OUR SITES, SERVICES, CONTENT, USER SUBMISSIONS OR SAVE-TO LINK FOR:
NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS OF USE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, Akwaaba App’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
SOLELY IN RESPECT OF USERS LOCATED IN EUROPEAN ECONOMIC AREA (EEA), NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT OUR OR YOUR LIABILITY (AS APPLICABLE) IN RESPECT OF:
A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Akwaaba App agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
For users not located in the EEA, the following arbitration and governing law provisions shall apply:
Solely in respect of users located in the EEA, the following governing law provisions shall apply:
You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” Country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
The use, duplication, reproduction, release, modification, disclosure or transfer of the software, application or widget is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. Any such software, application or widget is a “commercial item,” “commercial computer software” and “commercial computer software documentation.” In accordance with such provisions, any use of any such software, application or widget shall be governed solely by these Terms of Use.
You acknowledge and agree that these Terms are a binding agreement between you and Akwaaba App, and which Akwaaba App is required to pass onto you by Apple: (a) these Terms are between you and Akwaaba App only, and not with Apple, and Akwaaba App is solely responsible for the iOS Apps and the content thereof; (b) there are additional usage rules for the iOS Apps by Apple, which are subject to additional restrictions set forth in the App Store Terms of Service (the “Usage Rules”) and you will comply with such Usage Rules; (c) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS Apps; (d) to the extent permitted by law, Apple shall have no warranty obligation whatsoever with respect to the IOS Apps or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the iOS Apps; (e) Akwaaba App, not Apple, is responsible for addressing any claims that you may have or any third party relating to the iOS Apps, your possession and/or use of the iOS App, including but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection, privacy, or similar legislation; and (iv) claims that the iOS Apps infringe a third party’s intellectual property rights; (f) Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof).
These Terms of Use are the entire agreement between you and Akwaaba App with respect to the Service and use of the Site, Service, Content, User Submissions or Save-to-Link, and supercede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Akwaaba App with respect to ourSites. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, Akwaaba App must provide you with written notice of such waiver through one of its authorized representatives.
Akwaaba App reserves the right, at its sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on our Sites or by sending you notice through the Services or via email. Akwaaba App may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Services following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
In respect of users located in the EEA who wish to receive Services, and/or provide User Submissions, and/or provide or access Content via our Sites, such users may have a right to cancel these Terms of Use under the European Distance Selling Directive (97/7/EC) (“Directive”) within 7 days of accepting these Terms of Use solely to the extent such right applies under the Directive to such users, save that if such right to cancel applies, it shall cease to exist from the time of actual use of the Services, and/or provision of the User Submissions, and/or provision or access of Content via the Sites by such users.
Akwaaba App shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Akwaaba App’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Akwaaba App’s prior written consent. Akwaaba App may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.
Unless otherwise specified in these Terms of Use, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
Solely in respect of users located in the EEA, in respect of these Terms of Use and your use of our Sites, Services, Content, User Submissions or Save-to Link, nothing in these Terms of Use shall be deemed to grant any rights or benefits to any person, other than us and you (and our and your respective successors in title or assignees), or entitle any third party to enforce any provision hereof, and we and you agree that we do not intend that any provision of these Terms of Use should be enforceable by a third party by virtue of the Contracts (Rights of Third Parties) Act 1999.
Where Akwaaba App has provided you with a translation of the English language version of these Terms of Use, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Akwaaba App.
If there is any contradiction between what the English language version of these Terms of Use says and what a translation says, then the English language version shall take precedence.
Data Protection and Privacy
Akwaaba App Labs, Inc. (“Akwaaba App “) or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“submissions”) in any form to Akwaaba App or any of its employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Akwaaba App ’s products or marketing strategies might seem similar to ideas submitted to Akwaaba App . If, despite our request that you not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your submissions.
By sending us any submissions, you agree that (i) your submissions and their contents will automatically become the property of Akwaaba App and Akwaaba App shall be entitled to the unrestricted use of the submission for any purpose whatsoever, commercial or otherwise, without compensation or attribution to you, (ii) your submissions does not contain the confidential or proprietary information of third parties, (iii) Akwaaba App will consider the submissions to be non-confidential and non-proprietary, (iv) Akwaaba App may have something similar to the submissions already under consideration or in development, and (v) Akwaaba App will have no obligations concerning the submissions, contractual or otherwise (including but not limited to an obligation to keep the submissions confidential).
Akwaaba App does, however, welcome your feedback regarding many areas of Akwaaba App ‘s existing business. If you want to send us your feedback, and we hope you do, we simply request that you send it to us at hello@akwaaba.app Please provide only specific feedback on Akwaaba App ‘s existing products or marketing strategies; do not include any ideas that Akwaaba App ‘s policy will not permit it to accept or consider. It’s just one more way that Akwaaba App can learn how to best satisfy your needs. Any feedback you provide to Akwaaba App or any of its employees shall be deemed to be non-confidential. Akwaaba App shall be entitled to the unrestricted use of the feedback for any purpose whatsoever, commercial or otherwise, without compensation or attribution to you.
User Conduct and Community Guidelines
Users and businesses on Akwaaba App are expected to uphold certain standards of behavior. Akwaaba App reserves the right to deactivate or remove accounts that violate these standards, which include but are not limited to:
Termination
We reserve the right to terminate or suspend any user or business account if we believe there is a violation of these TOS or any malicious activities being carried out using our services.
Here’s the thing: Akwaaba App is great. Help us keep it that way by following a simple set of House Rules developed for (and by!) our community.
Find all your friends on Akwaaba App . Akwaaba App is better with your friends! Find friends in the app. Only friend people you know and wouldn’t mind sharing your location with. Sending mass requests to people you don’t know is a big no-no – that should really go under ‘Not cool,’ but we like to keep things positive.
Add shouts and photos to your check-ins. Shouts add context and conversation to where you are (think of this as the “what you’re doing” part of a check-in, like “With Tamara, Nina, and Tracey!” or “Finally trying the double double animal style”), and photos make your check-ins stand out.
Leave tips for others. Leave useful tips at locations you’re familiar with. Give recommendations for what to order at a restaurant (“Try the curried ginger milkshake. Not on the menu, but so good!”) or other insider information (“Come on a weekday to avoid lines”) that would be the same kind of helpful info you’d pass on to a friend. Bonus: other people will ‘like’ your tips – the more likes you get, the more your reputation as an expert will grow!
Create lists. Add places and tips to your to-do list – it’ll help you remember what you want to try next! And create other lists to show just how much you know about comic book stores, or to share your chicken nugget know-how.
Upload a handsome profile photo. A good photo helps friends recognize you when they’re sending friend requests.
Use Akwaaba App to make the most of where you are. If you’re in a new area or deciding where to go in your city, open the Akwaaba App app and browse in the Explore tab to discover that hole-in-the-wall spot of your dreams and tips (“try the wasabi ice cream! It’ll blow your mind!”) around you. Just tap the search icon to look for what you’re craving, like “Mexican Restaurant,” “nachos,” or “Joe’s Taco’s.”
Be respectful of other people. Duh. Keep the Akwaaba App community positive! Harassing other people through photos, tips, lists, shouts or places is SO not cool. So just be nice and respectful, instead. Comprende?
We don’t like it when you check in when you’re not at a place. It makes us sad. Only check in when you’re there (remember: only one check-in per day at a place counts toward mayorships, so no need to check in more than once at the same exact place)! If you check in too often in a short period of time, you’ll see the check-in error message. Also, checking in across the globe from where you’re at is discouraged – we know you love badges, but it’s only really fun if you earn them fairly.
Try not to add places to Akwaaba App that don’t actually exist. A place on Akwaaba App should be a social location where people can actually meet up. Oh, and places like Snowpocalypse (that are based around a temporary, real event) are social and therefore okay! Confused? Well, we think that if people are enjoying checking in to a place and it’s not hurting anyone, that it’s legit. Examples of what not to add: I’m on a plane, stuck in traffic, your mom. Make sure to search for a place before adding it to our system. That’s the best way to prevent duplicates!
Please refrain from checking in to the homes of others, unless they are your friends and have invited you to do so. Homes are sensitive – it can creep people out to see non-friends checking in. Remember, checking in to your own home is okay! If you’ve categorized a place as a home, it will not show up in search to others, but it will show up if you search for it by name (which is why you should choose a unique name!). And only create a Akwaaba App location for someone else’s home if you have the permission of the resident/owner.
Don’t create tips or any other content with inappropriate language or negativity directed at another person. They will be deleted! Plus, being nice is better than being mean.
Don’t spam! Spamming through tips, places, photos or anything else is not okay. (What’s spam? So glad you asked. Spam is any content including links to websites selling software, realtor contact info, a listing for your business, or other promotion). Uploading similar content to several different places is considered a violation of our Terms of Service and will cause your account to be deactivated. Tips, places, photos, etc. should be unique to the place they’re at and useful for others.
Don’t misuse our trademarks. As our company grows, we need to protect our trademarks or we risk losing our rights to them altogether (you remember what happened to ‘escalator’ and ‘xerox’). That said, we love when people create vibrant communities around Akwaaba App , so we ask that you use ‘4sq’ instead of ‘Akwaaba App ’ or ‘Akwaaba App ,’ and please make clear that you’re ‘unofficial’ and not affiliated with us. See our trademark guidelines for more details.
Akwaaba App ®, Swarm™, 4SQ® and Check-in™ and certain graphics, logos, badges, designs, page headers, button icons, and scripts, are trademarks, service marks and trade dress of Akwaaba App Labs, Inc. (“Akwaaba App “) in the U.S. and other countries, (the “Akwaaba App Marks”). We support and encourage ideas, services, and tools that utilize and supplement the Akwaaba App ® services. However, we are quite serious about protecting our reputation and brand identity. To help us achieve this goal, you must follow these guidelines.
Akwaaba App must be to able assure the public that only the products and services offered, sponsored, or endorsed by Akwaaba App actually bear the Akwaaba App Marks. Trademark law requires that we not only protect against improper use of the Akwaaba App Marks, but also protect against use of confusingly similar marks.
In order for you to help us protect our Akwaaba App Marks, we ask the following:
The Dos.
The Do Nots.
You shall ensure that the presentation of the Akwaaba App Marks shall be consistent with Akwaaba App ‘s own use of the Akwaaba App Marks in comparable media. From time to time, Akwaaba App may provide you with guidelines for the size, typeface, colors and other graphic characteristics of the Akwaaba App Marks, which, upon delivery to you, shall be deemed to be incorporated into these Trademark and Brand Feature Guidelines.
You may not use the Akwaaba App Marks on any merchandise without our permission.
If you use our API in your application or service, we require the following:
You Must
“This [application/service] uses the Akwaaba App ® application programming interface but is not endorsed or certified by Akwaaba App Labs, Inc. All of the Akwaaba App ® logos (including all badges) and trademarks displayed on this [application/service] are the property of Akwaaba App Labs, Inc.”
If you use our API in your application or service you MAY display one of our powered by Akwaaba App ® logos in connection with your application or service, including on your website, all mobile application stores, and on your application. Use our powered by Akwaaba App ® logo does not in any way signify that your application or service is endorsed or certified by Akwaaba App . Subject to full compliance with the API Terms of Use, and these Trademark and Brand Feature Guidelines, Akwaaba App hereby grants to you a limited, personal, non-sublicenseable, non-transferable, nonexclusive, revocable license to use our powered by Akwaaba App ® logo in connection with your application or service, including on your website, all mobile application stores, and on your application.
Subject to full compliance with the Akwaaba App API Terms of Use and these Trademark and Brand Feature Guidelines, notwithstanding anything to the contrary herein, Akwaaba App hereby may, at its discretion, grant to you a limited, personal, non-sublicenseable, non-transferable, nonexclusive, revocable license to use either “4SQ” or the term “four”, “square”, “check”, or other similar term pre-approved by Akwaaba App (together, “Approved Terms”) as incorporated in your trademark, website name, and domain name of your choice in connection with the promotion and distribution of your application or services utilizing our API or otherwise related to our services. If we grant you such a license, you agree that:
If you do not follow these Trademark and Brand Feature Guidelines, we reserve the right to discontinue providing our API to you.
For more information on the use of the Akwaaba App Marks if you use the API, please see: Trademark Guidelines 101 for Developers
If you do not agree to these terms, you must not use the Akwaaba App Marks. To help us address future branding concerns, we may modify these Trademark and Brand Feature Guidelines from time to time without notice to you. You are responsible for complying with any modified terms and therefore review and become familiar with any modifications. If you do not comply with these Trademark and Brand Feature Guidelines, you do not have any right to use the Akwaaba App Marks.
Changes to TOS
Akwaaba App reserves the right to change these TOS from time to time. We will provide notice of changes as required by law.
Last Updated: April 1, 2021
ARBITRATION NOTICE: THESE Akwaaba App CONSUMER SERVICES TERMS OF USE (“TERMS OF USE”) CONTAIN A MANDATORY ARBITRATION PROVISION. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT PROVISION, YOU AND THE Akwaaba App PARTIES AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND THE Akwaaba App PARTIES WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
These Terms of Use cover your use of the Akwaaba App consumer services, which we’ll refer to as the “Services”. The Services consist of:
Akwaaba App Labs, Inc. (“Akwaaba App “) is committed to protecting the intellectual property of third parties.
Akwaaba App ‘s Copyright Policy and Trademark Policy is available below
To report a claim of trademark infringement, please provide a written communication (by regular mail – not by email) that sets forth the items specified below or, alternatively, by using this online form:
Akwaaba App Labs, Inc.
Attn: General Counsel
50 W 23rd St, 8th Floor
New York, NY 10010
Akwaaba App Labs, Inc. (“Akwaaba App “) has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act. The address of Akwaaba App ‘s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.
It is Akwaaba App ‘s policy to (1) block access to or remove material that it believes 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.
If you believe that material or content residing on or accessible through the Akwaaba App Web site or service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below,
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
It is Akwaaba App ‘s policy:
If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user 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, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
If a counter-notice is received by the Designated Agent, Akwaaba App may send a copy of the counter-notice to the original complaining party informing that person that it 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, member or user, 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 Akwaaba App ‘s discretion.
By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site(s), where applicable, you agree to all of the terms and conditions contained herein (“Terms of Use”), which also incorporate Akwaaba App ‘s Privacy Policy, Akwaaba App ‘s Intellectual Property Policy, Akwaaba App ‘s Photo Guidelines, Akwaaba App ‘s Venue Terms and Conditions, Placed Points Program, and all other operating rules, policies and procedures that may be published from time to time on the Site(s) by Akwaaba App , each of which is incorporated by reference and each of which may be updated by Akwaaba App from time to time without notice to you in accordance with the terms set out under the “Modification of Terms of Use” section below. In addition, some services offered through the Services may be subject to additional terms and conditions specified by Akwaaba App from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. These Terms of Use apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services on the Site(s), individual users of the Services, venues that access the Services, and users that have a page on the Services.
Subject to these Terms of Use, Akwaaba App may offer to provide the Services, as described more fully on our Sites, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but shall not be limited to, any services Akwaaba App performs for you, any applications or widgets offered by Akwaaba App that you download from ourSites or, subject to the terms set out under the “Third party Sites and Services” section below, from third party application stores (e.g., iTunes® store or Google Apps Marketplace) authorized by Akwaaba App , as well as the offering of any materials displayed or performed on or through the Services (including Content (as defined below)).
You may need to register for an account or use your credentials (e.g. username and password) from a third party social media platform to access some or all of our Services. If you register for an account with Akwaaba App , you shall provide Akwaaba App with accurate and complete registration information (including, but not limited to your email address and/or mobile telephone number (optional) and a password you will use to access the Service). You will also keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your Akwaaba App account. We recommend, but do not require, that you use your own name as your user name (“User Name”) so your friends can recognize you more easily.
You agree that you will not:
Akwaaba App reserves the right to refuse registration of, or cancel a user name, in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Akwaaba App password. You shall never use another user’s account without such other user’s prior express permission. You will immediately notify Akwaaba App in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
You must be at least 13 years of age to access of use the Services. If you are under 18 years of age (or the age of legal majority where you reside), you may only access or use the Services under the supervision of a parent of legal guardian who agrees to be bound by these Terms of Use. The Service is not available to individuals who are younger than 13 years old. Akwaaba App may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.
If you use a mobile device, please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply. In the event you change or deactivate your mobile telephone number, you agree that you will update your account information on the Services within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
By using the Services, you consent to Akwaaba App ’s collection, use, and disclosure of information about you and your device. Please refer to our Privacy Policy for information about how we collect, use and disclose information about you and your mobile device. Please review our data collection practices carefully before using our Services.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Akwaaba App cannot guarantee the authenticity of any Content or data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. For purposes of these Terms of Use, the term “Content” includes, without limitation, any location information, “shouts”, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise you make accessible to Akwaaba App on or through the Services. Content you add, create, upload, submit, distribute, post or otherwise obtain through your use of the Services, including Content that you add to the Services if you link your accounts to third party websites and services, is collectively referred to as, “User Submissions.”
The Services contain Content specifically provided by Akwaaba App or its partners and licensors, and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
Subject to these Terms of Use, Akwaaba App grants you a personal, worldwide, royalty-free, non-exclusive, non-sublicensable, non-transferable and revocable license to access, and use the Content, solely for non-commercial use. You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so. You agree not to authorize or permit any third party to distribute or make the Apps available over a network where it can be used by multiple devices at the same time; nor will you remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on or in the Services. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial (whether or not for profit) use or in any way that violates any third party right.
We may use your User Submissions in a number of ways in connection with our Sites, Services and Akwaaba App ’s business as Akwaaba App may determine in its sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing other users to do the same in connection with their own websites, media platforms, and applications (“Third Party Media”). By submitting User Submissions on our Sites or otherwise through the Services, you hereby grant Akwaaba App a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to host, use, store, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions and any content that your submit to Akwaaba App for business purposes (e.g. promoting the Sweepstakes in which you participated) in connection with our Sites, Services and Akwaaba App ‘s (and its successors and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Sites (and derivative works thereof) or the Services in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also grant each user of our Sites and/or the Services, including Third Party Media, a non-exclusive license to access your User Submissions through our Sites and the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions in connection with their use of our Sites, Services and Third Party Media. For clarity, the foregoing license grant to Akwaaba App does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing with Akwaaba App .
You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
You understand that all information publicly posted or privately transmitted through our Sites is the sole responsibility of the person from which such Content originated; that Akwaaba App will not be liable for any errors or omissions in any Content; and that Akwaaba App cannot guarantee the identity of any other users with whom you may interact in the course of using our Services.
When you delete your User Submissions, they will be removed from the Services. However, you understand that any removed User Submissions may persist in backup copies for a reasonable period of time (but following removal, it will not be shared with others) or may remain with users or third parties who have previously accessed or downloaded your User Submissions.
As a condition of your use, you shall not use the Services for any purpose that is prohibited by these Terms of Use. You are solely responsible for all of your activity in connection with the Services. Additionally, you shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.
You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through our Services, including without limitation any User Submission, that:
If the User Submission includes a photograph, Akwaaba App ‘s Photo Guidelines shall apply. Akwaaba App has a zero-tolerance policy against child pornography, and will terminate and report to the appropriate authorities any user who publishes or distributes child pornography.
You shall not (directly or indirectly):
Akwaaba App does not guarantee that any Content or User Submission (as defined above) will be made available on the Site or through the Service. Akwaaba App has no obligation to monitor the Sites, Services, Content, or User Submissions. However, Akwaaba App reserves the right to (i) remove, suspend, edit or modify any Content in its sole discretion, including without limitation any User Submissions at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Akwaaba App is concerned that you may have violated these Terms of Use), or for no reason at all and (ii) to remove, suspend or block any User Submissions from the Service. Akwaaba App also reserves the right to access, read, preserve, and disclose any information as Akwaaba App reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Akwaaba App , its users and the public.
Certain features of our Services and/or certain services and products made available to you through the Services may allow you to purchase services (“Card Services”). Akwaaba App uses a third-party payment processor (the “Payment Processor”) to link your credit card account to the Services (your “Card Account”) for use of the Card Services. The processing of payments or credits, as applicable, in connection with the Card Services will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to this Agreement. Akwaaba App is not responsible for any errors by the Payment Processor. In connection with your use of the Card Services, Akwaaba App will obtain certain transaction details, which Akwaaba App will use solely in accordance with our Privacy Policy.
If you include Akwaaba App ‘s ‘Save-to-Akwaaba App ‘ Link (“Save-to Link”) on your website, the following additional terms apply to you:
If you have a “Page” on the Service, you also agree to the following:
If you are the verified representative of a venue, you also agree to Akwaaba App ‘s Venue Terms and Conditions.
PLEASE READ THESE TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY Akwaaba App LABS, INC. (“Akwaaba App “). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF Akwaaba App ‘S AUTHORIZED VENUE AND EVENT PLATFORM (THE “PLATFORM”). BY REGISTERING FOR AND/OR USING THE PLATFORM IN ANY MANNER, YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL USERS OF THE PLATFORM. ALL DEFINED TERMS USED HEREIN SHALL BE SOLELY APPLICABLE TO THIS AGREEMENT.
The Platform allows owners, organizers, event planners and other authorized managers (“Managers”) of (a) restaurants, hotels, bars, stores, theaters, stadiums and other venues of goods and services (“Venues”) and/or (b) concerts, movies, sporting events, parties, social events and other events (“Events”) to edit and correct their Venue and/or Event details in Akwaaba App ’s database, view analytics on usage of Akwaaba App ’s ‘Akwaaba App ’ service (the “Service”) at their Venue and/or Event and reward customers with special offers (“Specials”) who choose to check-in on Akwaaba App at the Venue and/or Event they manage on Akwaaba App . For clarity, a Manager of a Venue can run Specials at such Manager’s Venue but cannot run Specials at an Event being held at such Venue unless such Manager is also the Manager of the Event. Likewise, a Manager of an Event can run Specials at such Event but cannot run Specials at the Venue where such Manager’s Event is being held unless such Manager is also the Manager of the Venue.
The Platform is offered subject to acceptance without modification of all of the terms and conditions contained herein, which terms include all terms of use and other operating rules, policies and procedures that may be published from time to time on the Platform or on Akwaaba App ‘s website (currently located at www.Akwaaba App .com, the “Site”), each of which is incorporated by reference.
Akwaaba App reserves the right to modify or terminate the Platform for any reason, without notice, at any time. Akwaaba App reserves the right to alter these Terms of Use or other Platform policies at any time and notify you of material changes by posting notice through the Platform. What constitutes a “material change” will be determined at Akwaaba App ‘s sole discretion, in good faith, and using common sense and reasonable judgment.
In order to claim a Venues or an Event, a Manager must be invited and/or approved by Akwaaba App and complete the applicable verification process for such Venue or Event to become an “Authorized Venues” or an “Authorized Event,” as applicable, and to access the ServicePlatform. If you are registering as a business entity, you represent and warrant that you have the authority to bind the entity to this Agreement. Akwaaba App may, in its sole discretion, refuse to offer the ServicePlatform to any person or entity and change its eligibility criteria at any time. These Terms of Use are void to the extent prohibited by applicable law and the right to access the ServicePlatform is revoked in such jurisdictions.
Each Manager must complete the registration process by providing Akwaaba App with current, complete and accurate information, as more specifically required by the then current registration and verification procedures. You represent and warrant that all registration information you submit is accurate and truthful. Akwaaba App will use the contact and other information you provide to verify your identity and you hereby consent to Akwaaba App contacting you directly or through automated means to do so. You are solely responsible for all activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Platform password. You shall never use another user’s account without such other user’s express permission. You will immediately notify Akwaaba App in writing of any unauthorized use of your account, or other account related security breach of which you are aware. You agree that Akwaaba App cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.
You must keep your account information up-to-date and accurate at all times, including a valid email address and phone number. You may not transfer or sell your Akwaaba App account to another party.
Certain features of the Platform and/or certain services and products made available to you through the Platform may be subject to payments now or in the future (“Paid Services”). Akwaaba App uses a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Platform (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay Akwaaba App , through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize Akwaaba App , through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. Akwaaba App reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
You acknowledge and agree that the Platform and all content, information and other materials made available via the Platform are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws or privacy laws, and Akwaaba App (and its licensors) shall own and retain all rights, title and interests (including all intellectual property and proprietary rights) therein and thereto. Unless and only to the extent expressly authorized by Akwaaba App , you agree not to or allow a third party to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of the Platform or such content, information and other materials.
For purposes of the Terms of Use, the term “Content” includes, without limitation, written comments, information, data, text, photographs, software, scripts, graphics, and other content.
By uploading, posting, submitting or otherwise distributing any Content (“User Submission”) via the Platform or which you otherwise provide to Akwaaba App , you hereby:
Akwaaba App shall have the right to use, reproduce, transfer, sublicense and otherwise exploit perpetually any place, venue, latitude and longitude, or other location information that you submit, upload, post, create or add to the Platform (including without limitation, in connection with the Service).
As a condition of use, you promise not to use the Platform for any purpose that is prohibited by the Terms of Use. You are responsible for all of your activity in connection with the Platform.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Platform, including without limitation any User Submission, that:
If the User Submission includes a photograph, Akwaaba App ‘s Photo Guidelines shall apply.
You shall not (directly or indirectly):
Akwaaba App does not guarantee that any Content or User Submissions will be made available through the Platform. Akwaaba App has no obligation to monitor the Platform, Content, or User Submissions. However, Akwaaba App reserves the right to (a) remove, edit or modify any Content in its sole discretion, including without limitation any User Submissions, from the Platform at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Akwaaba App is concerned that you may have violated the Terms of Use), or for no reason at all and (b) to remove or block any User Submissions from the Platform. Akwaaba App also reserves the right to access, read, preserve, and disclose any information as Akwaaba App reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Akwaaba App , its users and the public.
This Agreement incorporates Akwaaba App ‘s Privacy Policy, which covers Akwaaba App ‘s treatment of personally identifiable information and other data that Akwaaba App gathers when you are accessing the Platform. For clarity, information that you submit during the claim verification process will be retained and used by Akwaaba App in connection with such process.
In connection with the Platform, you may obtain personal information, including but not limited to twitter account name, first and last name, city and state of current location, number of days out, check-ins and things done on Akwaaba App and number of friends on Akwaaba App (with ten being displayed) from users of the Akwaaba App service. Without obtaining prior permission from Akwaaba App or the applicable user, this personal information shall only be used by for you to view Akwaaba App usage at your venue and you may not use or disclose such information for any other purpose. Akwaaba App has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Akwaaba App user to your email or physical mail list. You agree to take commercially reasonable steps, compliant with applicable laws, rules and regulations, to protect all Akwaaba App user data and information from unauthorized use, disclosure or access by third parties.
Akwaaba App may terminate any user’s access to all or any part of the Platform at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your registration and account, you may do so at any time by following the instructions on the Platform.
Upon any termination, all rights and obligations of the parties shall cease and you shall immediately cease using the Platform, except that (a) all obligations that accrued prior to the effective date of termination (including without limitation, all payment obligations) and all remedies for breach of the Agreement shall survive and (b) the provisions of Sections 5, 7 and 9 – 14 inclusive shall survive. After termination, Akwaaba App has no obligation to maintain any content in any user’s account or to forward any unread or unsent messages to you or any user of the “Akwaaba App ” service or any other party.
THE Platform IS PROVIDED “AS IS” AND “AS AVAILABLE”. THE Platform IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. Akwaaba App DOES NOT WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (B) THE Platform WILL BE SECURE, ERROR-FREE, UNINTERRUPTED OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; © ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE Platform WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) ANY RESULT OR OUTCOME CAN BE ACHIEVED. YOUR USE OF THE Platform IS SOLELY AT YOUR OWN RISK.
You agree that Akwaaba App shall not be responsible or liable for any unauthorized access to, alteration or use of your account, transmissions or data, or any material or data sent or received or not sent or received through the Platform. You agree that Akwaaba App is not responsible or liable for any threatening, defamatory, obscene, offensive, illegal or other content or conduct of any third party or any infringement of another’s rights, including intellectual property rights.
IN NO EVENT SHALL Akwaaba App (OR ITS AFFILIATES, LICENSORS AND SUPPLIERS) BE LIABLE CONCERNING ANY SUBJECT MATTER RELATED TO THE Platform, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, © INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, OR (D) DAMAGES, IN THE AGGREGATE, IN EXCESS OF US$50.00 OR THE FEES PAID BY YOU FOR ACCESS TO THE Platform DURING THE PREVIOUS 12 MONTH PERIOD, WHICHEVER IS GREATER, EVEN IF Akwaaba App HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to (a) defend Akwaaba App and its employees, contractors, officers, directors and representatives against any action or suit that arises out of your use or misuse of the Platform, any transaction or other dealings with any other user or other third party in which you are involved, or your breach of any of your representations, warranties or covenants under this Agreement and (b) indemnify Akwaaba App for settlement amounts or damages, liabilities, costs and expenses (including reasonable attorneys’ fees) awarded and arising out of such a claim. Akwaaba App reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Akwaaba App in asserting any available defenses.
A printed version of the Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The Agreement shall be governed by and construed in accordance with the laws of the State of New York (excluding its conflicts of law rules) and the United States of America. In the event of any conflict between US and foreign laws, rules and regulations, US laws, rules and regulations shall govern. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Agreement. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to the Agreement or use of the Platform shall be filed only in the state or federal courts located in New York, New York, USA, and you further agree and submits to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Platform is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section.
This Agreement, in addition to any other written agreements, you may have entered into with Akwaaba App regarding specific services, are the entire agreement between you and Akwaaba App with respect to the Platform, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Akwaaba App with respect to the Platform. If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Agreement will otherwise remain in full force and effect and enforceable.
Your rights and obligations under the Agreement are personal to you, and are not assignable, transferable or sublicensable by you except with Akwaaba App ‘s prior written consent. Akwaaba App may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers, consents and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of the Platform or Agreement, and neither party has any authority of any kind to bind the other in any respect. All notices under this Agreement will be in writing (including electronically) and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile, e-mail or through the service; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
Some of our Apps may run advertisements and promotions from third parties on or in connection with the Services or may otherwise provide information or links to third-party products or services on or in connection with the Services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. Akwaaba App is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Akwaaba App advertisers or third party information on the Services.
The Service may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site. When you access third party websites, you do so at your own risk. Each party’s terms will govern the respective party’s relationship with you. These other websites are not under Akwaaba App ‘s control, and you acknowledge that Akwaaba App is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Akwaaba App or any association with its operators. You further acknowledge and agree that Akwaaba App shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
Akwaaba App may terminate your access to all or any part of the Service and/or Save-to Link at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with the Services. If you wish to terminate your account, you may do so by following the instructions on our Sites. Any fees paid hereunder are non-refundable. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Akwaaba App has no special relationship with or fiduciary duty to you. You acknowledge that Akwaaba App has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; effects, if any, the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
You release Akwaaba App from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Akwaaba App makes no representations concerning any Content contained in or accessed through the Services, and Akwaaba App will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
You release us from all liability relating to your connections and relationships with other users of the Sites. You understand that we do not, in any way, screen users, nor do we inquire into the backgrounds of users or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of users or the veracity of any information users provide. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with users or persons you may otherwise meet through the Services. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through the Services, particularly if you decide to meet such individuals in person. For example, you should not, under any circumstances, provide your financial information (e.g., credit card or bank account numbers) to other individuals.
THE SITE, SERVICE, CONTENT AND SAVE-TO-LINK ARE PROVIDED “AS IS”, “AS AVAILABLE” AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.
Akwaaba App , AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE, SERVICES, CONTENT AND SAVE-TO LINK IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You shall defend, indemnify, and hold harmless Akwaaba App , its subsidiaries, affiliates and each of its and its subsidiaries’, affiliates’ employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, our Sites, Services, Content, Save-to Link or otherwise from your User Submissions, violation of these Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity . Akwaaba App reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Akwaaba App in asserting any available defenses
ALL LIABILITY OF Akwaaba App , ITS SUBSIDIARIES AND AFFILIATES, EACH OF IT AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE OUR SITES, SERVICES, CONTENT, USER SUBMISSIONS OR SAVE-TO LINK IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT THAT IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF Akwaaba App , ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TO ONE HUNDRED US DOLLARS ($100).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Akwaaba App , ITS SUBSIDIARIES AND AFFILIATES, NOR IT AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT Akwaaba App , ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO OUR SITES, SERVICES, CONTENT, USER SUBMISSIONS OR SAVE-TO LINK FOR:
NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS OF USE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, Akwaaba App ’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
SOLELY IN RESPECT OF USERS LOCATED IN EUROPEAN ECONOMIC AREA (EEA), NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT OUR OR YOUR LIABILITY (AS APPLICABLE) IN RESPECT OF:
A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Akwaaba App agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
For users not located in the EEA, the following arbitration and governing law provisions shall apply:
Solely in respect of users located in the EEA, the following governing law provisions shall apply:
You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” Country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
The use, duplication, reproduction, release, modification, disclosure or transfer of the software, application or widget is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. Any such software, application or widget is a “commercial item,” “commercial computer software” and “commercial computer software documentation.” In accordance with such provisions, any use of any such software, application or widget shall be governed solely by these Terms of Use.
You acknowledge and agree that these Terms are a binding agreement between you and Akwaaba App , and which Akwaaba App is required to pass onto you by Apple: (a) these Terms are between you and Akwaaba App only, and not with Apple, and Akwaaba App is solely responsible for the iOS Apps and the content thereof; (b) there are additional usage rules for the iOS Apps by Apple, which are subject to additional restrictions set forth in the App Store Terms of Service (the “Usage Rules”) and you will comply with such Usage Rules; (c) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS Apps; (d) to the extent permitted by law, Apple shall have no warranty obligation whatsoever with respect to the IOS Apps or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the iOS Apps; (e) Akwaaba App , not Apple, is responsible for addressing any claims that you may have or any third party relating to the iOS Apps, your possession and/or use of the iOS App, including but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection, privacy, or similar legislation; and (iv) claims that the iOS Apps infringe a third party’s intellectual property rights; (f) Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof).
These Terms of Use are the entire agreement between you and Akwaaba App with respect to the Service and use of the Site, Service, Content, User Submissions or Save-to-Link, and supercede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Akwaaba App with respect to ourSites. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, Akwaaba App must provide you with written notice of such waiver through one of its authorized representatives.
Akwaaba App reserves the right, at its sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on our Sites or by sending you notice through the Services or via email. Akwaaba App may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Services following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
In respect of users located in the EEA who wish to receive Services, and/or provide User Submissions, and/or provide or access Content via our Sites, such users may have a right to cancel these Terms of Use under the European Distance Selling Directive (97/7/EC) (“Directive”) within 7 days of accepting these Terms of Use solely to the extent such right applies under the Directive to such users, save that if such right to cancel applies, it shall cease to exist from the time of actual use of the Services, and/or provision of the User Submissions, and/or provision or access of Content via the Sites by such users.
Akwaaba App shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Akwaaba App ‘s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Akwaaba App ‘s prior written consent. Akwaaba App may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.
Unless otherwise specified in these Terms of Use, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
Solely in respect of users located in the EEA, in respect of these Terms of Use and your use of our Sites, Services, Content, User Submissions or Save-to Link, nothing in these Terms of Use shall be deemed to grant any rights or benefits to any person, other than us and you (and our and your respective successors in title or assignees), or entitle any third party to enforce any provision hereof, and we and you agree that we do not intend that any provision of these Terms of Use should be enforceable by a third party by virtue of the Contracts (Rights of Third Parties) Act 1999.
Where Akwaaba App has provided you with a translation of the English language version of these Terms of Use, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Akwaaba App .
If there is any contradiction between what the English language version of these Terms of Use says and what a translation says, then the English language version shall take precedence.
You may contact Akwaaba App at the following address: 144 LIBERTY CORNER ROAD WARREN NJ 07059 hello@akwaaba.app