Terms and Conditions

Terms of Use

These Terms of Use (“Terms”) are a contract between you (“you” “your”) and aKoma Media LLC (“We” “our” “us” or “akoma”). They govern your use of aKoma’s sites, services, mobile apps, products, and content (“aKoma” or “Services”).

By using aKoma, you agree that you have read, understand and agree to be legally bound by these Terms. If you do not agree to be bound by these Terms, do not access aKoma. 

These Terms may be modified by us at any time. You can review the most current version of these TOU at any time at www.aKomanet.com/terms-and-conditions. In agreeing to these Terms, you are responsible for periodically checking for changes and/or updates to these Terms.

1. Content rights & responsibilities

You own the rights to the content you create and post on aKoma.

By posting content to aKoma, you give us a a revocable limited, non-sublicensable, non-transferable, nonexclusive license to publish it on aKoma Services, including anything reasonably related to publishing it (like storing, displaying, reformatting, and distributing it). In consideration for aKoma granting you access to and use of the Services, you agree that aKoma may enable advertising on the Services, including in connection with the display of your content or other information. We may also use your content to promote aKoma, including its products and content. We will never sell your content to third parties without your explicit permission.

You’re responsible for the content you post. This means you assume all risks related to it, including someone else’s reliance on its accuracy, or claims relating to intellectual property or other legal rights.

You’re welcome to post content on aKoma that you’ve published elsewhere, as long as you have the rights you need to do so. By posting content to aKoma, you represent that doing so doesn’t conflict with any other agreement you’ve made.

By posting content you didn’t create to aKoma, you are representing that you have the right to do so. For example, you are posting a work that’s in the public domain, used under license (including a free license, such as Creative Commons), or a fair use.

We can remove any content you post for any reason.

You can delete any of your posts, or your account, anytime. Processing the deletion may take a little time, but we’ll do it as quickly as possible. We may keep backup copies of your deleted post or account on our servers for up to 14 days after you delete it.

2. Limitations on Content

You will not:

  • Post or link to any material that contains:
    • Obscene, defamatory, libelous, slanderous and/or unlawful content;
    • Content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent;
    • Inflammatory religious content;
    • Any known associations with hate, criminal and/or terrorist activities; or
    • Hate speech, whether directed at an individual or a group, and whether based upon the race, disability, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language of such individual or group. 
  • Remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices contained within the services; 
  • Modify, adapt, disassemble, decompile, translate, reverse engineer or otherwise attempt to discover the source code or structure, sequence and organization of the Services or any content contained therein;
  • Use the Services in any manner that could damage, disable, overburden, or impair the Services, Company, the applicable social networking site, or any other person or entity; or
  • Collect any information (including usernames and/or email addresses) about other users of the Services; create or transmit unwanted electronic communications to other users of the Services; or otherwise interfere with such users' enjoyment of the Services.

Unless otherwise expressly authorized in these Terms or the Services, you may not take any action to interfere with the Services or any other user’s use of the Services. You expressly agree that you will not copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Services without our prior written consent. You agree not to bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Services.  

You agree not to use the Website for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes). You agree that you will comply with all laws related to your use of the Website.

3. Privacy 

Any information you provide during your use of the aKoma is governed by the Privacy Policy located at www.aKomanet.com/privacy-policy. You agree to the collection, use and sharing of your information as set forth in our Privacy Policy.

4. Our content and services

We reserve all rights in aKoma’s look and feel. Some parts of aKoma are licensed under third-party open source licenses. We also make some of our own code available under open source licenses. As for other parts of aKoma, you may not copy or adapt any portion of our code or visual design elements (including logos) without express written permission from aKoma unless otherwise permitted by law. Any unauthorized use of content or information posted on the Website and any unauthorized reproduction, retransmission or other use of any part of the Website may infringe our, or third parties’ copyrights, trademarks, privacy, publicity or other rights.  

These Terms do not entitle you to any support, upgrades, updates, add-ons patches, enhancements, or fixes for aKoma except in aKoma's sole discretion.  You do not acquire any right, title or interest in any content on the Website by virtue of accessing the Services or making use of the permitted uses allowed under these Terms.

You may not do, or try to do, the following: (1) access or tamper with non-public areas of the Services, our computer systems, or the systems of our technical providers; (2) access or search the Services by any means other than the currently available, published interfaces (e.g., APIs) that we provide; (3) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive, or false source-identifying information; or (4) interfere with, or disrupt, the access of any user, host, or network, including sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content or accounts in such a manner as to interfere with or create an undue burden on the Services.

Crawling the Services is allowed if done in accordance with the provisions of our robots.txt file, but scraping the Services is prohibited.

We may change, terminate, or restrict access to any aspect of the service, at any time, without notice.

5. No children

aKoma is only for people 14 years old and over. By using aKoma, you affirm that you are over 14. If we learn someone under 14 is using aKoma, we’ll terminate their account.

6. Security

If you find a security vulnerability on aKoma, tell us. 

7. Digital Millenium Copyright Act (“DMCA”) Policy

We take seriously compliance with U.S. copyright and related laws, and we require all users of the Services to take them seriously too. Accordingly, you may not disseminate any material or content using the Services in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. It is our policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the rights of any user to access the Services if any such user is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who we believe, in our sole discretion, is infringing these rights. Upon our receipt of a proper notice of claimed infringement under the DCMA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is:

[Insert Name, Email, Address – Also confirm DMCA Agent Filing]

If you believe that content that you or a third party owns has been used via the Services in a way that violates yours or someone else’s copyright or other intellectual property rights, please provide us with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

8. Miscellaneous

Indemnity. You agree that you will defend , indemnify and hold harmless aKoma and all of its employees, parent companies, affiliates and agents from any and all claims, demands, causes of action, damages, losses, costs and expenses in any way arising out of your use of the Services in violation or alleged violation of these Term.

Disclaimer of warranty. aKoma provides the Services to you as is. You use them at your own risk and discretion. That means they don’t come with any warranty. None express, none implied. No implied warranty of merchantability, fitness for a particular purpose, availability, security, title or non-infringement.

Limitation of Liability. aKoma won’t be liable to you for any damages that arise from your using the Services. This includes if the Services are hacked or unavailable. This includes all types of damages (indirect, incidental, consequential, special or exemplary). And it includes all kinds of legal claims, such as breach of contract, breach of warranty, tort, or any other loss.

No waiver. If aKoma doesn’t exercise a particular right under these Terms, that doesn’t waive it.

Severability. If any provision of these terms is found invalid by a court of competent jurisdiction, you agree that the court should try to give effect to the parties’ intentions as reflected in the provision and that other provisions of the Terms will remain in full effect.

Choice of law and jurisdiction. These Terms are governed by California law, without reference to its conflict of laws provisions. You agree that any suit arising from the Services must take place in a court located in San Francisco, California.

Entire agreement. These Terms (including any document incorporated by reference into them) are the whole agreement between aKoma and you concerning the Services.

Questions? Let us know at legal@akomanet.com.

 These Terms of Use were last updated on August 9th, 2016.