Terms and Conditions Akashaman LLC

AKASHAMAN LLC TERMS AND CONDITIONS

The following terms and conditions (the “Terms and Conditions”) govern your use of Akashaman LLC (“Akashaman” “Company” or “we” or “us”) website located at www.akashaman.com (the “Site”) and of the services provided by Akashaman (“Services”).

  1. ACCEPTANCE OF TERMS

By using or otherwise accessing the site or the services, posting or downloading content or any other information to or from the site or the services or manifesting your assent to these terms and conditions in any other manner, you hereby unequivocally and expressly agree to, and shall be subject to, these terms of use. if you do not unequivocally agree to these terms and conditions, you may not use or otherwise access the site or the services or post or download content or any other information to or from the site or the services. your sole remedy for dissatisfaction with the site or the service or any content is to stop using the site.

These Terms and Conditions May Change

Akashaman reserves the right, at its discretion, to change, modify, add or remove portions of these Terms and Conditions at any time by posting such changes. Please check the Terms of Use page periodically for changes. The continued use of the Site and the Service following the posting of changes to these Terms and Conditions indicates that you accept those changes. If you have any questions, or would like further clarification, please e-mail us at <admin email>.

Additional Terms and Conditions May Apply

The disclaimers, terms and conditions on these pages are of general application and may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application disclosed by Akashaman, including on any particular page of this Site or through the Services, or through a registration process or other means. In the event of a conflict between these Terms and Conditions and any additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application, the additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application shall control.

Termination of Services for Non-compliance

If you do not comply with the Terms and Conditions at any time, we reserve the right to terminate, limit, or otherwise alter your access to the Site or the Services.

  1. AUTHORIZED USERS / REGISTRATION

Definitions

The terms “you,” “your” or “User(s)” refers to any individual accessing the Site or the Services for his/her own personal purposes, or on behalf of an entity or other person. In the event that you purport to be the agent of, represent, or otherwise act on behalf of an entity or any other person, references to “you,” “your” or “User(s)” shall include you individually and any such entity or person that you purport to represent, and you further represent and warrant that you are in fact an authorized representative of such entity or other person, that you have the authority to bind such entity or other person to these Terms and Conditions, and that your acceptance of these Terms of Use shall constitute acceptance on behalf of such entity or person.

Authorization to Use this Site

You hereby confirm to Akashaman that: (a) you have reached the age of 13, (ii) are an emancipated minor under the laws of your jurisdiction of domicile or residence, (iii) have the consent of your parent or legal guardian, or (iv) otherwise have the power and authority to enter into and perform your obligations under these Terms and Conditions.

Users between the ages of 13 and 18 must (i) review these Terms and Conditions with a parent or legal guardian to ensure the parent or legal guardian acknowledge and agree to these Terms and Conditions, and (ii) not access the Site if his or her parent or legal guardian doesn’t agree to these Terms and Conditions.

Accounts

For certain aspects of the Site, you may be asked to register an account. In the event you agree to register an account, you will select or receive a username and password upon providing registration information and successfully completing the registration process.

You are solely responsible for maintaining the confidentiality of your account, username and password and for all activities and liabilities associated with or occurring under your account, username and password. You must notify us immediately of any unauthorized use of your account, username or password and any other breach of security, and (b) ensure that you exit from your account(s) at the end of each session. We cannot and will not be responsible for any loss or damage arising from your failure to comply with this requirement or as a result of use of your account, username or password, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account, username or password.

You may not transfer your account, username or password to another person, and you may not use anyone else’s account, username or password at any time without the permission of the account holder. In cases where you have authorized or registered another individual, including a minor, to use your account, you are fully responsible for (i) the online conduct of such user; (ii) controlling the user’s access to and use of the Services; and (iii) the consequences of any misuse.

In consideration of your use of the Site, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form and to maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we believe that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account(s) and refuse any and all current or future use of the website, or any portion thereof.

  1. PAYMENT AND REFUND TERM

Akashaman charge a fee to use the website services and content. You are responsible to Akashaman for any fees applicable to services you choose. You authorize Akashaman (or its partners), or its designated payment processor, to charge your specified credit card, debit card or PayPal for such fees as provided through the registration process.

Unless otherwise specified, all fees are in United States dollars, and all charges will be made in United States dollars. 

Refund

Refund is made through PayPal in the amount and the currency you paid with. Users who pay with credit card may take up to 30 days before the refund appear in their card balance. In the event that the card was cancelled or payment was made with a prepaid card, contact he card issuer to access your refund.

  • Bank account: your refund will initially go back to the PayPal balance before being auto swept back to the original funding source (bank). It may take up to 5 business days for the refund amount to appear on your bank account. If a refund is issued shortly after you paid, we’ll try to cancel the transaction so you’re never charged. If we’re unable to cancel the transaction, the refund will be processed and sent to your bank account.
  • PayPal Cash or PayPal Cash Plus balance: your refund will go to your PayPal Cash or PayPal Cash Plus balance on the same day the refund was processed.
  • PayPal Cash or PayPal Cash Plus balance + credit card: your refund will go to both your PayPal Cash or PayPal Cash Plus balance and credit card. The refund to the balance will happen the same day it’s processed; the refund to the card may take up to 30 days.
  • Debit card: your refund will go to your debit card. It may take up to 30 days for the refund amount to appear on your card statement. If the refund can’t be applied to your debit card, it’ll be sent to your PayPal account.
  1. RESTRICTIONS ON USE OF SITE CONTENT

All content and materials contained in this Site or made available through the Service (“Content”), are protected by United States and international trademark and copyright laws, are owned or controlled by Akashaman, and must only be used for certain approved purposes as established by Akashaman. You may only view or download Content from this Site for your own use or as otherwise expressly authorized by Akashaman.

Limited License

Akashaman hereby grants you a limited, nonexclusive, non-assignable, nontransferable license to access and use the Site solely for your own personal, non-commercial purposes, subject to your agreement to, compliance with and satisfaction of these Terms of Use. All rights not otherwise expressly granted by these Terms of Use are reserved by Akashaman. If you do not comply with the Terms of Use at any time, Akashaman reserves the right to revoke the aforementioned license(s), limit your access to the Site, or restrict your ability to post or download Content, which may include the ordering of products and services.

No Reproduction / Distribution

The reproduction, duplication, distribution (including by way of e-mail, facsimile or other electronic means), publication, modification, copying or transmission of material available on or through this Site or the Services is STRICTLY PROHIBITED without the prior written consent of Akashaman or unless expressly permitted by this Site or the Services. This includes, without limitation, any application, text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site by Akashaman.  The copying posting, linking, or other use of Content from this Site or the Services on any other website or networked computer environment is similarly prohibited.  Requests for permission to reproduce or distribute materials found on this Site or the Service can be made by contacting Akashaman in writing at the address listed below.

Trademarks

The trademarks, logos, service marks and trade names (collectively the “Trademarks”) of Akashaman or any third party displayed on the Site or on content available through the Site may not be used unless authorized by the trademark owner. All Trademarks not owned by us that appear on the Site or on or through the Site’s services, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without our written permission or that of the third-party rights holder. Your misuse of the Trademarks displayed on the Site is strictly prohibited.

Third Party Rights

Trademarks, service marks, logos and icons owned by third parties are the property of those respective third parties. Akashaman and affiliates do not warrant or represent that your use of the Content will not infringe the rights of third parties.

  1. THIRD-PARTY LINKS

You may be able to link from the Site to third party web sites and third-party web sites may link to the Site (“Linked Sites”). You acknowledge and agree that we have no responsibility for the content, products, services, advertising or other materials which may be provided by or through Linked Sites, even if they are owned or run by affiliates of ours.  Links to Linked Sites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites. Any reliance on the contents of a third-party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.

  1. PROHIBITED USER CONDUCT

We may investigate and/or terminate your account if you misuse the Site or behave in any way that we regard as inappropriate or unlawful. You agree that, while using the Site and the various services and features offered on or through the Site, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Site’s content, materials or services; or (c) gain or attempt to gain unauthorized access to other computer systems through the Site. You agree to not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Site or for any services or features offered on or through the Site, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Site or the services offered on or through the Site, including, without limitation, any information residing on any server or database connected to the Site or any services offered on or through the Site; (ii) use the Site or the services made available on or through the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; or (iii) use the Site or the Site’s services in violation of any applicable law or the legal rights of any third party. You further agree that you may not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Site’s services, or any content thereof, or make unauthorized use thereof.

You shall not (nor cause any third party to) use the Site or the Services to perform any illegal or immoral activities (including without limitation defaming, abusing, harassing, stalking, threatening, or otherwise violating the legal rights – such as rights of privacy of others) or any of the following types of activities, without limitation: (a) disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, pornographic, obscene or otherwise objectionable material; (b) transmitting information that violates any applicable federal, state, or local laws, rules or regulations, including any governmental agency guidelines, policies or procedures, or that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any party; (c) conducting any activity that would constitute fraud; (d) transmitting any material that contains software viruses, trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (e) use the Site or the Services to gain competitive intelligence about Akashaman, the Site, or any product or service offered via the Site or to otherwise compete with Akashaman.

  1. LICENSE AND OWNERSHIP

Akashaman website and all rights therein, including intellectual property rights, shall remain Akashaman’s property or the property of its licensors. Nothing in the Terms shall be construed to grant you any rights, except for the limited license granted below. Subject to the Terms, Akashaman grants you a limited, non-exclusive, non-transferrable, non-sublicensable license, to access and use the website and its Paid features purchased pursuant to the Terms on any same-platform that you own and control. The license is granted solely for your personal, non-commercial use. Therefore, you may not rent, lease, sell, transfer, redistribute, or sublicense the Akashaman website. Third-party services or libraries included in Akashaman are licensed to you either under these Terms, or under the third party’s license terms, if applicable.

Based on your license, you may not access Akashaman with other means than the official website, mine or extract any data from Akashaman databases, modify, reverse engineer, hack, decode, decrypt, decompile, disassemble or create derivative works of Akashaman website or any part thereof and circumvent any technology used to protect the Paid features. You also may not remove, delete or obliterate any copyright notices, proprietary labels or private legends placed upon or found within the Akashaman website. 

  1. INTELLECTUAL PROPERTY

The content available on the website (“Website Content”), including the logos and trademarks (“Marks”), are licensed to Akashaman and are subject copyright, trademark, and other intellectual property rights under the United States of America (“USA”), foreign laws, and international conventions. The Website Content includes, but are not limited to, the source codes, database, website design, functionalities, videos, audios, texts, images, graphics, and items available on the website.

The logos, designs, page headers, names, script, graphic, button icons and footers are registered trademarks or common law trade dress of Akashaman in the US and other parts of the world. The Akashaman trademarks and trade dress may not be used in combination with any other products, services, or goods in a manner that is likely to confuse. You do not also have our permission to copy, imitate, or use it without getting written approval from us. 

Akashaman provides the Website Content to users on “AS IS” basis for information and personal use purposes. Users may not copy, reproduce, distribute, advertise, transmit, license, sell, or exploit it for any other purposes without seeking written consent from us.

  1. PRIVACY POLICY

Akashaman cares about your privacy. Any information collected by Akashaman through the Site and other means is for a purpose. Please, review our Privacy Policy to know our practices regarding how we collect, use, secure, and disclose the information we hold about you. By accessing the Site and ordering products from us, you consent to the disclosures as described in our Privacy Policy. 

  1. INDEMNIFICATION

You agree to defend, indemnify and hold Company, its affiliates, and its and their directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from any content or other material you place on the Site, or your breach or violation of the law or of these Terms and Conditions. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Company’s defense of such claim.

  1. NO WARRANTIES

TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, PRODUCTS, CONTENT, FUNCTIONS AND MATERIALS CONTAINED OR AVAILABLE THEREON, IS PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. COMPANY ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. FURTHER, AKASHAMAN DOES NOT WARRANT (A) THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT, (B) THAT THE RESULTS OBTAINED FROM THE USE OF THE SITE OR THE SERVICES OR CONTENT WILL BE ACCURATE OR RELIABLE, OR (C) THAT THE QUALITY OF THE SITE OR THE SERVICES OR CONTENT WILL MEET YOUR EXPECTATIONS.

  1. LIMITATION ON LIABILITY

IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL COMPANY, ANY OF ITS AFFILIATES, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS TO THE EXTENT REQUIRED BY APPLICABLE LAW.

IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO COMPANY FOR YOUR USE OF THE SITE AND/OR SERVICES.

  1. MAINTENANCE AND SUPPORT

Akashaman is subject to a continuous development and Akashaman reserves the right, at its sole discretion, to update the Akashaman website, change the nature of Akashaman or modify or discontinue some of the features without prior notice to you. You acknowledge that Akashaman has no obligation to maintain or update Akashaman. Akashaman does not guarantee an uninterrupted provision of the services. Akashaman or integrated third-party services may be temporary unavailable due to the maintenance, certain technical difficulties, or other events that are beyond Akashaman’s control. If you have some questions, problems or suggestions, you can reach the Akashaman via contacts provided hereafter. However, you acknowledge that the support to nonpaying users of Akashaman is limited due to the limited capacity of the Akashaman. 

  1. TERRITORIAL RESTRICTIONS

We control and operate our Services from the United States and we make no representations or warranties that the information, products, or services provided through our Services, or our Content, are appropriate for access or use in other jurisdictions. You are not permitted to access or use our Services in any jurisdiction or country if it would be contrary to the law or regulation of that jurisdiction or if it would subject us to the laws of, or any registration requirement with, such jurisdiction. We reserve the right to limit the availability of our Services or the provision of any of our Content to any person, geographic area, or jurisdiction, at any time and in our sole and absolute discretion.

  1. EXPORT CONTROL

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 you are not listed on any U.S. Government list of prohibited or restricted parties.

  1. TERMINATION

In addition to any other method of termination or suspension provided for in these Terms and Conditions, Akashaman reserves the right to terminate, change, suspend or discontinue any aspect of the Site or the Site’s services at any time. Further, you agree that Akashaman shall not be liable to you or any third-party for any termination or suspension of your access to the Site or any part thereof, removal of Content.  Any such termination, suspension or cancellation shall not affect any right or relief to which Akashaman may be entitled at law or in equity.  Upon any such termination, suspension or cancellation, you shall terminate all use of the Site, the Services and any Content and you will not be entitled to any refund of any fees or other charges, if any, paid in connection with such use.

  1. SEVERABILITY

If any provision under these Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such an invalid or unenforceable provision shall be severed and shall not affect the validity and enforceability of the other valid and enforceable provisions.

  1. GOVERNING LAW

You agree that the Website does not give rise to personal jurisdiction over Akashaman, either specific or general, in jurisdictions other than the laws of the United States of America.  Any claim or dispute between you and Akashaman that arises in whole or in part from the Service will be decided exclusively by a court of competent jurisdiction located in the United State of America. Those who do not choose to access the Akashaman do so at their initiative and are responsible for compliance with all applicable laws including any applicable local laws.

  1. COPYRIGHT NOTICES- DMCA

If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Website (and such description must be reasonably sufficient to enable Company to find the alleged infringing material);
  • your address, telephone number and email address;
  • a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
  • Notice of claims of copyright infringement should be provided to Company’s Copyright Agent at info@akashaman.com
  1. CONTACT US

For further information or to contact us with questions, concerns, or comments, you may email us at the email in the footer of our website or visit our Contact Us page. Although we will, in most circumstances, be able to receive your email or other information provided through the Site, we do not guarantee that it will receive all such email or other information timely and accurately. We shall not be legally obligated to read, act on, or respond to any such email or other information.