Terms and conditions

 

Welcome to Akla-Baity.com, a website operated by Akla-Baity, Inc. ("Akla-Baity," "us," and "we"). Akla-Baity provides an online marketplace designed to connect users looking for home-cooked meals in their neighborhood (each a "Customer") with cooks who wish to sell meals to Customers (each a "Cook") (the "Services"). The Site features upcoming available meals (each an "Service"), including information about the Cook and the meal, including pickup information and price.

 

These Terms of Use (the "Terms") govern your use of the website located at Akla-Baity.com (the "Site") and the Services offered by Akla-Baity, Inc. THESE TERMS SET FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE SITE AND SERVICES. BY ACCESSING OR USING THE SITE OR SERVICES, YOU ARE ACCEPTING THESE TERMS AND YOU REPRESENT AND WARRANT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS, (2) YOU ARE AT LEAST 18 YEARS OLD, AND (3) YOU HAVE THE RIGHT AND AUTHORITY TO ENTER INTO THE TERMS. YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES.

 

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE SERVICE OF A DISPUTE.

 

Certain features of the Site or Services may be subject to additional terms which will be posted on the Site or Services in connection with such features. All such additional terms are incorporated by reference into these Terms. In the service of a conflict between the additional terms and any provision in these Terms, the additional terms will prevail, but only with respect to the Service to which the additional terms apply.

 

  1. How the Services Work. As stated above, Akla-Baity makes available an online platform or marketplace with related technology for Customers and Cooks to meet online and arrange for the purchase of meals and bookings of Services directly with each other. Akla-Baity is not an owner or operator of the Services or the venues at which such Services take place. Unless expressly stated within the Services, Akla-Baity's responsibilities are limited to (i) facilitating the availability of the Site and Services and (ii) serving as the limited payment collection agent of each Cook for the purpose of accepting payments from Customers on behalf of the Cook.

(a)             Cook Applications. As a Cook, you will submit an application to us that contains: (i) content and images that provide biographical information about you and a description of your meals and proposed Services, (ii) the price to be paid for the meals and (iii) all applicable policies, restrictions and contractual arrangements (e.g., cancellation policies and liability waivers required for all Customers) applicable to the Service and Customers (collectively, "Rules"). Submission of a request does not obligate Akla-Baity to accept the request or any of its contents nor to promote the Service, and is not binding on Akla-Baity.

(b)             Acceptance of Application. If we accept your application, we may post information about your service, including: (i) your name, images, and biographical information, (ii) a description of the food and (iii) the price you have set, on the Services. We may also promote you and your service using the content you have provided, using any method and medium that we deem appropriate, including through e-mail, mobile applications and any other distribution channel owned, affiliated, controlled or operated by Akla-Baity. Akla-Baity may promote your Service to Akla-Baity customers and potential customers based on geographic or other geolocational data, but will determine the customers and potential customers to whom your Service is actually promoted and made available, if any, in its sole discretion. Cooks are entirely responsible for the Service and any interaction with Customers.

(c)             Customer orders. Customer may elect to purchase meals and participate in Services, and Akla-Baity may facilitate communications between Cooks and Customers.

(d)             Cook Commitments. By participating as a Cook, you represent and warrant: (i) that the information you submit to us or post on the Services regarding your meals and Service are true and accurate; (ii) that you make the meals and Services available to Customers in accordance with the information you provide, at the times and locations specified; (iii) that you have obtained and will maintain all certifications, licenses and legal requirements and that you comply with all applicable laws and industry standards (including business licenses, food handling, fire codes, health and safety inspections and, to the extent applicable, the collection and remittance of sales taxes); (iv) that you will provide the Service without imposing restrictions or policies not listed in the Rules; (v) that you will not accept any gratuity or require additional payments not listed on the Site and Services; or (vi) not solicit users to participate in an Service off the platform or otherwise circumvent any fees that are paid or would be payable to Akla-Baity. You further agree that unless you obtain the consent of any Customer, you will use the personal information of the Customer provided to you by Akla-Baity only to communicate with the Customer about the Akla-Baity, and for no other purpose.

(e)             Customer Commitments. By participating as a Customer, you represent and warrant: (i) that you will comply with the Rules; (ii) not solicit Cooks or other Customers for any commercial, religious or other reasons; (iii) Show up on time and at the stated location to purchase the meals and attend the Service and (iv) pay the agreed upon price for the meals. You, as a Customer, agree and acknowledge that, to the extent stated in the Rules, a Cook may refuse to provide a meal for violation of the Rules without refund.

(f)              Relationship between Customers and Cooks. Akla-Baity does not control the quality, safety, or legality of any aspect of the Services (including the meals), the ability of Cooks to provide meals, or the ability of Customers to pay for Services. The relationship between the Cook and the Customers are governed by the provisions of this Agreement as follows: if you are a Customer, you provide to each Cook the covenants provided to Akla-Baity in Sections 1(e). If you are a Cook, you provide to each Customer the covenants provided to Akla-Baity in Section 1(d). Customers and Cooks each acknowledge that the other is a third party beneficiary of this Agreement, but solely with respect to those provisions.

(g)             Akla-Baity's Right to Record. Akla-Baity may photograph and/or record Customers and Cooks engaging in an Service, and any such image, recording or video (collectively "Recording") will be owned exclusively by Akla-Baity. You agree that to the extent that your name, likeness, biography and / or voice appears in any such Recording, you grant to Akla-Baity an unrestricted, perpetual, worldwide right to use your Image as contained in the Recording in all media now known and later developed for any purpose, including for the purpose of promoting the Site and Services.

  1. Akla-Baity Disclaimers.

(a)             Compliance with Laws. As noted above, Cooks are solely responsible for compliance with all applicable laws, rules, regulations and local ordinances, including without limitation, necessary permits, alcohol licenses, fire codes, and health and safety inspections (collectively, "Regulations"), or other taxes and payments which may be applicable to Services. Akla-Baity makes no representation relating to and does not offer any opinion, recommendation, or advice regarding the legality of, tax implications and liabilities of, or any licenses, permits or other consents that may be necessary to provide any Service. Should you have any questions related to the legality of or consents necessary to provide any Service, you should consult your own legal counsel. As such, you agree that you, as a Cook, are solely responsible for your Services and agree to indemnify, defend and hold harmless Akla-Baity from any claims, suits, losses, damages, costs and expenses (including reasonable attorneys' fees) relating to or arising from your Services, including any violation of any Regulations, or other taxes and payments which may be applicable to your Service.

(b)             No Identity Verification by Akla-Baity. You acknowledge that Akla-Baity does not attempt to confirm, and does not confirm, any user's purported identity. We do not investigate any user's reputation, conduct, morality, criminal background or verify the information that any user submits to the Site. We do not endorse any persons who use or register for the Services, whether as Customers or Cooks. You are responsible for determining the identity and suitability of others whom you may contact or who may contact you by means of the Site. You agree to exercise caution and good judgment in all interactions with other users. Akla-Baity encourages you to communicate directly with others through the tools available on the Site and to review your Cooks' profile pages for feedback from other users. You may also wish to consider using a third-party service that provides additional user verification.

(c)             Release. To the extent permitted under applicable laws, you hereby release Akla-Baity from any liability related to: (i) any incorrect or inaccurate Content posted on the Services, whether caused by us or any user of the Services, or by any of the equipment or programming associated with or utilized in the Services; (ii) the conduct, whether online or offline, of any Cook or Customer; (iii) any injury, loss or damage caused by another user, an Service, any Meal, or Content posted on the Services, whether online or offline; and (iv) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Services' users' communications. If you are a California resident, you hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

  1. The Site and Services.

(a)             License. Subject to these Terms, Akla-Baity grants you a non-transferable, non-exclusive, license to use the Site and Services for your personal use.

(b)             Certain Restrictions. The rights granted to you in the Terms are subject to the following restrictions: (i) you will not license, sell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit the Site or Services; (ii) you will not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Site or Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (iii) you will not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to "scrape" or download data from any web pages contained in the Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such); (iv) you will not access the Site or Services in order to build or promote a similar or competitive website, application, or service; and (v) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services will be subject to the Terms. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof. Akla-Baity makes no representation that the Site or Services are appropriate for use in locations other than the United States. Akla-Baity reserves the right in its sole discretion to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice at any time for any reason. You agree that Akla-Baity will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof.

(c)             Ownership. Except with respect to your User Content (as defined below), you agree that (i) the Site and Services are and will remain the sole property of Akla-Baity and is subject to protection under Dubai financial center authority. and foreign copyright laws and (ii) Akla-Baity (and its licensors, where applicable) owns all right, title and interest, including all related intellectual property rights, in and to the Site and Services. The provision of the Site and Services does not transfer to you or any third party any rights, title or interest in or to such Site or Services. The Akla-Baity name, logo, and the product names associated with the Site or Services belong to Akla-Baity (or its licensors, where applicable), and no right or license is granted to use them by implication, estoppel or otherwise. Akla-Baity (and its licensors, where applicable) reserves all rights not granted in this Agreement.

(d)             Updates. You agree that Akla-Baity is not obligated to create or provide any support, corrections, maintenance, updates, upgrades, bug fixes, and/or enhancements of the Site or Services (each an "Update"). However, in the service Akla-Baity decides to offer an Update, you agree that Akla-Baity may amend these Terms in connection with such Update without specific notice to you and that your use of the Site or Services following such Update is conditioned upon your acceptance of any revised Terms. By using the Site or Services following an Update, you are representing that you have reviewed the then-current version of the Terms and agree to be bound by such version. All Updates will be governed by the version of these Terms published by Akla-Baity as of the date you use the Site or Services following such update.

(e)             Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to us ("Feedback") is at your own risk and that Akla-Baity has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Akla-Baity a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner it deems appropriate, any and all Feedback, and to sublicense the foregoing rights.

  1. Accounts.

(a)        In General. In order to use certain aspects of the Services, you may have to register for an account with us ("Account"). To create an Account, you must provide certain information about yourself as prompted by the registration process on the Site. You represent and warrant that: (i) all required registration information you submit is truthful and accurate; and (ii) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Akla-Baity of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Akla-Baity cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You may not have more than one Account. You agree not to create an Account or use the Site or Services if you have been previously removed by us or banned from any of the Services. Akla-Baity reserves the right in its sole discretion to suspend or terminate your Account and refuse any and all current or future use of the Site or Services (or any portion thereof) at any time for any reason. You agree that Akla-Baity will not be liable to you or to any third party for any suspension or termination of your Account or any refusal of any use of the Site or Services (or any portion thereof). Information on your profile will include information and content you provide and/or upload as well as information we collect from your account with social networking sites (each an "SNS") ("Profile Information"). Akla-Baity reserves the right in its sole discretion to remove Profile Information at any time for any reason. You agree that Akla-Baity will not be liable to you or to any third party for such removal.

(b)        Social Networking Sites. The Services may allow users to connect with various SNSs. By connecting your SNS account, you represent that you are entitled to grant us access to your SNS account without breach by you of any SNS terms and conditions and without obligating us to pay any fees or making us subject to any usage limitations. By granting Akla-Baity access to your SNS account, you understand that we may access, make available, and store any information, content, or other materials that you have provided to or stored in your SNS account ("SNS Content") accessible through the Site and Services so that it is available on your Account. Unless otherwise specified in the Terms, all SNS Content will be deemed your User Content (as defined below) for all purposes of the Terms. PLEASE NOTE THAT YOUR RELATIONSHIP WITH EACH SNS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SNS, AND WE DISCLAIM ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO US BY AN SNS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN THE SNS. Akla-Baity makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and Akla-Baity is not responsible for any SNS Content.

  1. User Content.

(a)             Your User Content. "User Content" means any and all information and content that a user submits to, or uses with, the Site or Services. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (as defined below). You may not state or imply that your User Content is in any way provided, sponsored, or endorsed by Akla-Baity. Because you alone are responsible for your User Content (and not Akla-Baity), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Akla-Baity is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire. Akla-Baity has no responsibility or liability for the deletion or accuracy of any User Content; the failure to store, transmit, or receive transmission of User Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Site or Services. You acknowledge that Akla-Baity has no obligation to pre-screen User Content, although Akla-Baity reserves the right in its sole discretion to pre-screen, refuse, or remove any User Content at any time for any reason. PLEASE MAKE SURE THAT YOU ONLY PROVIDE INFORMATION TO THE SERVICES THAT YOU ARE ALLOWED TO PROVIDE WITHOUT VIOLATING ANY OBLIGATIONS YOU MIGHT HAVE TOWARDS A THIRD PARTY, INCLUDING ANY CONFIDENTIALITY OBLIGATIONS. PLEASE DO NOT PROVIDE ANY INFORMATION THAT YOU ARE NOT ALLOWED TO SHARE WITH OTHERS, INCLUDING BY CONTRACT OR LAW; PLEASE NOTE THAT ANY INFORMATION YOU PROVIDE WILL BE ACCESSIBLE BY USERS OF THE SITE AND SERVICES.

(b)             License to User Content. You hereby grant, and you represent and warrant that you have the right to grant, to Akla-Baity an irrevocable, perpetual, nonexclusive, royalty-free, and fully paid, worldwide license to license, reproduce, distribute, modify, adapt, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content (in whole or in part), and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site and Services and operating and providing the Site and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

(c)             Ownership. Each user owns its own User Content. By making available your User Content on or in the Site or Services, you represent that you own or have all rights necessary to make available your User Content.

(d)             Content Provided by Other Parties. The Site and Services may contain User Content provided by other users or third parties. We are not responsible for and do not control such content. We have the right, but no obligation to review or monitor such content. We do not approve, endorse or make any representations or warranties with respect to such content. You use all such contact at your own risk.

  1. Acceptable Use Policy. The following sets forth Akla-Baity's "Acceptable Use Policy":

(a)             In General. As a condition of use, you agree not to use the Site or Services for any purpose that is prohibited by the Terms or by applicable law. You will not (and will not permit any third party) either (i) take any action or (ii) make available any User Content on or through the Site or Services that: (A) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (B) is unlawful, threatening, abusive, harassing, harmful, defamatory, trade libelous, deceptive, fraudulent, false, intentionally misleading, pornographic, invasive of another's privacy, tortious, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual), vulgar, profane or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; (C) in violation of any laws, or obligations or restrictions imposed by any third party; (D) constitutes unauthorized or unsolicited advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (E) involves commercial activities and/or sales without Akla-Baity's prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (F) impersonates any person or entity, including any employee or representative of Akla-Baity, or falsifies or misrepresents yourself or your affiliation with any person or entity; (G) interferes with or attempt to interfere with the proper functioning of the Site or Services or uses the Site or Services in any way not expressly permitted by the Terms; (H) harasses or interferes with another user's use and enjoyment of the Site or Services; (I) harvests, collects, gathers or assembles information or data regarding other users, including e-mail addresses, without their consent; (J) displays, mirrors, or frames the Site (K) attempts to engage in or engage in, any potentially harmful acts that are directed against the Site or Services, including but not limited to violating or attempting to violate any security features of the Site or Services, using manual or automated software or other means to access, "scrape," "crawl" or "spider" any pages contained in the Site or Services, introducing viruses, worms, or any software intended to damage or alter a computer system or data, interfering with, disrupting, or creating an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies or procedures of such networks, attempting to gain unauthorized access to the Site or Services, other computer systems or networks connected to or used together with the Site or Services, through password mining or other means.

(b)             Community Guidelines. The Site may include various areas that enable you to post information, provide feedback, recommendations, reviews, and comments, and otherwise interact with other users, either through postings or by interacting in real-time (the "Community Forums"). In connection with such Community Forums, you agree to abide by any rules that Akla-Baity publishes in connection therewith, including but not limited to, the prohibition on use of the Site for any unlawful purpose. Although Akla-Baity may from time to time review the Community Forums, you acknowledge and agree that Akla-Baity is under no obligation to monitor or control, and will have no liability for, any information available via the Community Forums. You acknowledge that any opinions, statement, recommendation, offers, advice or other information presented or disseminated on the Community Forums are those of their respective authors who are solely responsible and liable for their content. Akla-Baity reserves the right, in its sole discretion, to refuse to post or remove any material submitted or posted on the Community Forums.

(c)             Investigations. Akla-Baity reserve the right (but has no obligation) to monitor or review the Site and Services and User Content at any time, investigate, and/or take appropriate action against you in our sole discretion (including removing or modifying your User Content, terminating your Account, and/or reporting you to law enforcement authorities) if you violate the Acceptable Use Policy, any other provision of the Terms, any applicable law or otherwise create liability for us or any other person.

  1. Fees.

(a)             Cook Compensation. The Site enables Cooks to connect with and provide food to Customers. Since each Cook is solely responsible for all out-of-pocket costs involved with each Service, the Site enables Cooks to set a per-portion price for their Service (a "Contribution"). Each Customer will pay the Contribution for such Service upon pickup or delivery. By reserving a serving in connection with an Service, you agree that your payment card or other payment means may be charged for the full amount of the Contribution upon pickup at the Service. A portion of your Contribution may be remitted to cover any Akla-Baity fees, with the remainder to the Service Cook. Contributions are non-refundable.

(b)             Akla-Baity Fees. Joining the Site, creating an Account and creating and searching for Services are free. Akla-Baity does, however, charge a fee to Cooks for using the Services. The fees Akla-Baity charges Cooks are listed on our fee schedule located at Akla-Baity.com, which we may change from time to time. Changes to that schedules are effective after we provide you with at least thirty (30) days' notice by posting the changes on the Site. Akla-Baity may choose to temporarily change the fees, waive the fees or offer discounts for the Services, promotional services or new services ("Discounts"), which may be subject to additional terms and conditions.

(c)             Payment Information. All payment information that you provide in connection with the Services must be accurate, current and complete. By attending any Service, you authorize your payment card to be charged in accordance with this Section. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT MEANS USED TO PAY ANY CONTRIBUTION. You will be responsible for paying any applicable taxes relating to your payments and will indemnify and hold harmless Akla-Baity from any and all taxes, including sales tax, based on any payments made by you in connection with the Services.

  1. Mobile Text Message Terms. The following terms apply to everyone who signs up to receive one or more SMS or MMS message and/or messages from Akla-Baity or sends us messages via SMS or MMS.

(a)             When you sign up for Akla-Baity's SMS list or RSVP to an Service, you are expressly consenting to receive text messages on behalf of Akla-Baity, containing information about upcoming Services or Services that you have RSVP's to attend, in the following manner (the "Text Services"):

(i) If you are a Cook you will receive a text message notifying you each time a potential Customer RSVPs to attend one of your Services, including Customer details such as the number of servings requested.

(ii)             If you are a Customer or potential Customer, you will receive a text message notifying you of information regarding any Service to which you have RSVP's such as pickup information.

(iii)            If you signed up for our SMS list, you will receive text messages 1-2 times per week notifying you of upcoming Services.

 (b)             We do not charge a fee for the Text Services; however, depending on your messaging plan, your mobile carrier may charge you for each message we send you or that you send us

 (c)             The Text Services may not be available in all areas at all times. This means we may not be able to successfully transmit SMS/MMS messages to you, and we have no liability for any such transmission delay or message failure. The Text Services may not work in the service of product, software, coverage, or other changes made by your wireless carrier or changes you make to your mobile device. You must provide your own wireless device, subscribe to a wireless service on a participating mobile carrier, and be able to receive text messages using that wireless device and your carrier's service.

  1. Services.By Cooking or attending a cooking service managed by Akla-Baity, you agree to, and at all times during the Service will, comply with the Akla-Baity's code of conduct (the "Code of Conduct") available here and below. In the service you bring any companions with you to any Service ("Your Companions"), you agree that you will notify, and make Your Companions aware of the Code of Conduct and the Rules. You acknowledge and agree that you will be responsible for and will ensure that Your Companions, at all times during any Service, comply with the Code of Conduct and the Rules. You further acknowledge and agree that you, not Akla-Baity, will be fully responsible and liable for all acts and omissions of Your Companions during any Service. As such you agree to indemnify, defend and hold harmless the Akla-Baity, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors ("Released Parties") harmless from any losses, costs, liabilities and expenses (including reasonable attorneys' fees) ("Claims") relating to or arising out of your and/or Your Customers' alleged (i) breach or violation of any covenant, obligation or terms and conditions in these Terms or the Code of Conduct, (ii) negligence of misconduct, and/or (iii) violation of any applicable law during any Service. You further agree to indemnify, defend and hold harmless the Released Parties from and against any Claim made by Your Customer(s) arising out of or in connection with any Service, including any losses, personal injuries, death, or any other occurrence or service whatsoever. Notwithstanding the foregoing, you will have no indemnification obligation under this Section with respect to any Claims based upon or arising in whole or in part from the gross negligence or willful misconduct of Akla-Baity.
  2. Indemnification. You agree to indemnify and hold the Released Parties harmless from any Claims relating to or arising out of: (a) your User Content; (b) your use of, or inability to use, the Site or Services; (c) your violation of the Terms; (d) your violation of any rights of another party, including any users; (e) your interaction with any other user; or (f) your violation of any applicable laws, rules or regulations. Akla-Baity reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which service you will fully cooperate with Akla-Baity in asserting any available defenses. You agree not to settle any matter without the prior written consent of Akla-Baity. Akla-Baity will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this section will survive any termination of your Account, the Terms, or your access to the Site or Services.
  3. Disclaimers. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND SERVICES AND ANY CONTENT OR INFORMATION PROVIDED BY THE SITE OR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND AKLA-BAITY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE AND SERVICES AND ANY CONTENT OR INFORMATION PROVIDED BY THE SITE OR SERGICES EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT. AKLA-BAITY DOES NOT WARRANT THAT THE SITE OR SERVICES OR ANY CONTENT PROVIDED BY THE SITE OR SERVICES, INCLUDING ANY USER CONTENT, WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TYP OR ITS AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY.
  4. Limitation on Liability. NEITHER Akla-Baity, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR USE OF THE Site or services OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY CONTENT OR OTHER INFORMATION AVAILABLE ON THE site or services, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE. THE FOREGOING WILL APPLY EVEN IF AKLA-BAITY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE site or services OR THESE TERMS YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE site or services. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR (AND OUR SUPPLIERS') LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO FIFTY US DOLLARS ($50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AKLA-BAITY AND YOU.
  5. Copyright Policy. Akla-Baity respects the intellectual property of others and asks that users of our Site and Service do the same. In connection with our Site and Service, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site and Service who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site and Service, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
  6. Your physical or electronic signature;
  7. identification of the copyrighted work(s) that you claim to have been infringed;
  8. identification of the material on our services that you claim is infringing and that you request us to remove;
  9. sufficient information to permit us to locate such material;
  10. your address, telephone number, and e-mail address;
  11. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
  12. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

 

  1. Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Site or Services. You may terminate your Account at any time, for any reason, by following the instructions on the Site. Akla-Baity may, in its sole discretion, suspend your rights to use the Site and/or Services and/or suspend, disable, or delete your Account (or any part thereof) at any time for any reason. Upon termination of these Terms, your Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated therewith from our live databases; however, we reserve the right to continue to use your User Content. Akla-Baity will not have any liability whatsoever to you for any termination of the Terms, including for termination of your Account or deletion of your User Content. All provisions of these Terms which by their nature should survive, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
  2. General.

(a)             Changes to the Terms. The Terms may be updated from time to time for any reason. We will notify you of any changes to our Terms by posting the new Terms here: Akla-Baity.com. After we make the change and we will change the "Last Revised" date above. If we make any substantial changes, we may noti