Terms of Service

Introduction

Welcome to Akoha, the world’s first social reality game where you can earn points by completing real-world missions with your friends. Akoha is operated by Akoha Inc. of Montreal, Quebec, Canada. The following Terms of Service outline information regarding your legal rights, obligations and limitations with regard to the site. Please read these Terms of Service carefully before using the Akoha site and services (the Site).

Akoha reserves the right, at its discretion to change, modify, add, or delete portions of the Terms of Service at any time by posting terms on the Site. The User shall be responsible for reviewing and becoming familiar with any such modifications. Continued use of the Site following such notification constitutes the User’s acceptance of the terms and conditions of this agreement as modified.

By accessing the web site at www.akoha.com or sharing data from the site you signify that you have read and understand the following Terms of Service.

Eligibility

We say

Members must be 13 or older and not mind a web site that changes from time to time.

The legal teams say

Membership in the Site is void where prohibited by law and the right to access the Site is revoked in such jurisdictions. The Site is intended solely for users who are thirteen (13) years of age or older. Any registration or access to the Site by anyone under 13, is unauthorized, unlicensed and in violation of these Terms of Service. If you are under the age of 18, you are encouraged to get permission from your parent or guardian to use Akoha. Depending on the nature of any member interactions, Akoha may advise teenagers to get parents’ permission in order to continue the service. By using the Site the user certifies they agree to abide by all of the terms and conditions of this Agreement and takes full responsibility for their activities.

Akoha may change, suspend or discontinue the Site services for any reason, at any time, including the availability of any features, data, or content. Akoha may also impose limits on certain features and services or restrict the user’s access to parts or all of the Site without notice or liability.

Registration and Accounts

We say

Keep your secrets secret and your privates private.

The legal teams say

As a condition of your use of the Site you agree and understand that you are responsible for maintaining the security and confidentiality of passwords associated with any account you use to access the Site. Accordingly, you agree that you will be solely responsible for all activities that occur under your account. You agree to maintain updated and accurate registration data.

You shall not impersonate any person or entity including using another person’s username, password, likeness or other account information. You agree to immediately notify Akoha of any unauthorized use of your password or account or any other breach of security.

Failure to adhere to registration and account conditions shall constitute a breach of this Agreement, which may result in immediate termination of the User’s account.

Use of Content

We say

Help us spread the word, just remember who brought you to the dance.

The legal teams say

All content on the Site and available through our services, including written text, music, audio files or other sounds, photographs, videos or other images and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of Akoha or its licensors with all rights reserved.

Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to print, share, distribute and transmit any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, the republishing of Site Content in any form is for the expressed purpose of game play or the promotion of the Akoha site and may not be distributed or re-purposed for commercial use.

You understand that by using the Site you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Site at your own risk.

In the event that we offer downloads of software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.

Akoha does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Akoha, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes.

Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights. This license is revocable at any time without notice and with or without cause.

User Submitted Content

We say

What’s yours is yours. We just want to play it forward. And once again keep your privates private.

The legal teams say

You retain copyright and any other rights you already hold in Content which you submit, post or display on the Site. By submitting, posting or displaying the content you give Akoha a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly display and distribute your Content.

You agree that this license includes a right for Akoha to make such Content available to other companies, organizations or individuals with whom Akoha has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.

You may not post, transmit, or share User Content on the Site that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason, including User Content that in the sole judgment of the Company violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to Akoha.

You acknowledge that Akoha may retain archived copies of your User Content.

Trademarks

We say

If you don’t pretend to be us, we won’t pretend to be you.

The legal teams say

Akoha graphics, logos, designs, icons, scripts and service names are registered trademarks, trademarks or trade dress of Company in the U.S. and/or other countries. You should assume that the content of the Web pages created by other Akoha customers is protected by copyright or other proprietary rights. Third party trademarks or service marks used in connection with this service are the property of their respective owners. You may not use any trademark or service mark in connection with any product or service without the expressed permission of the owner of that mark. You are not entitled to copy any content without the express permission of the owner of that content.

Unless you have been expressly authorized to do so in writing by Akoha, you agree that in using the Site, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

User Conduct

We say

Behave like your Mama taught you and we’ll all get along.

The legal teams say

You understand that all materials, including without limitation, information, data, text, audio, photographs, images, video, and e-mail messages or other kinds of messages ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated and not Akoha. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Site will violate or infringe upon the following terms of conduct:

You will not upload, post, e-mail, transmit, or otherwise make available any Content that is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable or generally unlawful.
You will not intentionally or unintentionally violate any applicable local, provincial, national or international law.
You will not use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site; interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site. In addition you will not upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware.
You may not use automated scripts to collect information from or otherwise interact with the Site.
You may not solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes.
You will not upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials or any other form of solicitation. Content that is considered commercial or business-related in any way is prohibited.
You may not upload, post, transmit, share, store or otherwise make available Content that, in the sole judgment of Akoha, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Akoha or its users to any harm or liability of any type.

We cannot and do not assure that other users are or will be complying with the Rules of User Conduct or any other provisions of these Terms of Service and, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

Warranty and Disclaimers

We say

We’re here for a good time. You may have to look elsewhere for some commitment.

The legal teams say

You expressly understand and agree that use of the Site is at your sole risk. The Site is provided on an “as is” and “as available” basis. Akoha expressly disclaims all warranties, representations and conditions of any kind whether expressed or implied, including but not limited to the implied warranties, representations and conditions of merchantability.

Akoha makes no warranty that (a) the service will meet your requirements, (b) the service will be uninterrupted and timely, (c) the service will be secure and error free (d) the quality of material will be accurate and meet your expectations and (d) errors will be corrected was per the users exceptions.

Akoha is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Site, whether posted or caused by users of the Site, by Akoha, by third parties or by any of the equipment or programming associated with or utilized by the Site.

The Site may be temporarily unavailable from time to time for maintenance or other reasons. Akoha assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission. Under no circumstances will Akoha be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Site, whether online or offline.

Akoha does not represent or warrant that content or materials on the site are accurate, reliable, current or error free and are free of viruses or other harmful components. Therefore you should exercise caution and use industry recognized software to protect and secure your systems. You will be solely responsible for any damages that may result from use of the Site.

Limitation on Liability

We say

If you’re losing time, money or weight it’s probably because we’ve got you hooked.

The legal teams say

To the maximum extent permitted by law, you expressly understand and agree that Akoha, its subsidiaries and affiliates shall not be liable to you for any indirect, direct or consequential loss or damage incurred by any User in connection with our the Site or Site use. This includes limitation of any liability for:

loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

If anyone brings or threatens to bring a claim, complaint, lawsuit or other proceeding against Akoha based on content you post on Akoha or relating to any acts by you or materials or information transmitted by you in connection with the Site, leading wholly or partially to claims against Akoha by other subscribers or third parties, regardless of the type of claim or the nature of the cause of action, you agree to indemnify, defend and hold harmless, Akoha, including its officers, directors, employees and agents from and against any and all claims, complaints, proceedings, damages, injuries, liabilities, losses, costs and expenses (including but not limited to legal fees) incurred by Akoha in connection with any such claim, complaint, lawsuit or proceeding.

In no event shall Akoha’s total liability to the user for all damages, losses and causes of action exceed the amount paid by the user, if any, or $100 (whichever is less).

TERMINATION

We say

Once again we’re not hung up on that old commitment thing.

The legal teams say

Either party may terminate the Services at any time by notifying the other party by any means. Akoha may also terminate or suspend any and all access to the Site immediately, without prior notice or liability, if the User breaches any of the terms or conditions of this Agreement. Upon termination of User’s account, the User’s right to access the Site and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification and limitations of liability.

Akoha may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You acknowledge and agree that any termination of your access to the Site under any provision of this Terms of Service may be effected without prior notice and that Akoha may immediately deactivate or delete your account and all related Content associated with or stored in your account and/or bar any further access to such Content or the Site. Further, you agree that Akoha! is not liable to you or any third-party for termination of your account (including any associated e-mail address), or termination of your access to the Site.

Indemnity

We say

If you keep your privates private, there should be no need for this one.

The legal teams say

You agree to indemnify and hold Akoha and its affiliates, officers, agents, co-branders or other partners, and employees harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.

Privacy Policy

Read about Terms of Service

Effective date: August 1, 2008

Akoha Privacy Policy

At Akoha, we recognize that your privacy is important. This Privacy Policy covers Akoha’s treatment of personally identifiable information that Akoha collects when you are on the Akoha website and when you use Akoha’s services. This policy also covers Akoha’s treatment of any personally identifiable information that Akoha’s business partners share with Akoha. This Privacy Policy does not apply to the practices of third parties that Akoha does not own or control, or to individuals that Akoha does not employ or manage including without limitation, any Akoha affiliates or business partners.

By visiting the Akoha website, submitting information or using any of our products or services, you are accepting the practices outlined in this Privacy Policy.

Information Collection and Use

We say

Registration is the best opening line we have. But we promise not to kiss and tell.

The legal teams say

The Akoha site is available to both registered and unregistered users. In order to provide our full range of services, we may collect personal information. Akoha may also receive personally identifiable information from our business partners.

Akoha collects personally identifiable information (such as your name, e-mail address and an account password) when you register for an account. Once you register with Akoha and sign in to our services, you are not anonymous to us.

Akoha also automatically receives and records information from your browser including web requests, Internet Protocol addresses, browser type, browser language and the date and time of your requests.

Akoha cookie information is also gathered. Please note that some Akoha features and services may not function properly if your cookies are disabled.

When you send e-mail or other communication through Akoha, we may retain those communications in order to process your inquiries, respond to your requests and to improve our services.

In an effort to provide personalization of our services, we may receive information about you from other sources and add it to our account information.

To customize the content you see on our pages.
To fulfill your requests for certain products and services.
Auditing, research and analysis to maintain, protect and improve our services.
Ensuring the technical functioning of our network.
To contact you about new products or for service announcements or administrative messages relating to Akoha services.

Akoha processes personal information on our servers in the United States of America and Canada. In some cases, we process personal information on a server outside your own country.

Your Choices

We say

You can leave at any time. Just let us down gently.

The legal teams say

When you register with Akoha, we ask you to provide personal information. If we use this information in a manner different than the purpose for which it was collected, then we will ask for your consent prior to such use.

If we propose to use personal information for any purposes other than those described in this Privacy Policy or for specific system notices, we will provide you with the ability to opt out of the use of personal information for those other purposes. We will not collect or use sensitive information for purposes other than those described in this Privacy Policy or for specific system notices, unless we have obtained your prior consent.

You can decline to submit personal information to any of our services, however you may be unable to use certain features on our website.

Information Sharing and Disclosure

We say

We take this one seriously.

The legal teams say

Akoha will not sell or rent your personally identifiable information to anyone.

Akoha will not share personally identifiable information about you to other companies or people unless:

Akoha has your consent to share this information.
Akoha needs to share your information to provide the product or service you have requested.
Akoha needs to share the information with companies who work on behalf of Akoha to provide a product or service to you. Please know that whenever we share your personal information with these trusted business partners, we require that these parties agree to process such information based on our instructions and any other appropriate confidentiality and security measures.
Akoha has reason to believe that it is necessary to share information in order to investigate, prevent, or take action against illegal activities, situations involving potential threats to the physical safety of any person, or as otherwise required or permitted by law.
Akoha is responding to warrants, subpoenas, court orders or legal process or to establish or exercise our legal rights or defend against legal claims.
Akoha may transfer information about you if Akoha is acquired by or merged with another company. In this event, Akoha will notify you before information about you is transferred and becomes subject to a different privacy policy.
When you register for a Akoha account, your registration information and other data will be transmitted to the United States, Canada and/or other countries for processing and storage by Akoha and its affiliates and may be subject to the legal jurisdiction of these countries.

Security

We say

As long as you don’t use your cat’s name as a password we should be good.

The legal teams say

Akoha will take appropriate precautions to protect personal information from loss and unauthorized access. Your account information is located on a secured server behind a firewall. However, Akoha’s actions alone are not sufficient to ensure the security of your personal information. It is also important for you to guard against unauthorized access to your passwords and your computer.

We restrict access to personal information to Akoha employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

Accessing and updating personal information

We say

Fair is fair, what’s yours is yours.

The legal teams say

You have the right to access, verify and update your Akoha account information and preferences at any time, including whether you want Akoha to contact you about offers and new products. You may request the deletion of your Akoha account by visiting our user profile page, logging in and confirming your choice to terminate the account. Removed information may persist in backup copies for a reasonable period of time but will not be generally available to members of Akoha.

Where you make use of the communication features of the service to share information with other individuals on Akoha, you generally cannot remove such communications. When you use Akoha services, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request, if it is not otherwise required to be retained by law or for legitimate business purposes.

Third Parties

We say

No one controls those ad men.

The legal teams say

Akoha may, on certain pages, display advertisements. This Privacy Policy covers the use of cookies by Akoha and does not cover the use of cookies or other tracking technologies by any of its advertisers. These advertisements may be delivered or served directly to users by third party advertisers. The third party advertisers may incorporate technologies that allow the advertising network to recognize your computer each time they send you an advertisement in order to measure the effectiveness of their ads and to personalize advertising content. In this way, they may compile information about where individuals using your computer or browser saw their advertisements and determine which advertisements are clicked. Akoha does not have access to or control of the cookies that may be placed by the third party advertisers. Third party advertisers have no access to your contact information stored on Akoha unless you choose to share it with them. You should consult the respective privacy policies of third-party ad servers or ad networks for more information on their practices.

Questions or Concerns

We say

Call us. OK just write.

The legal teams say

If you have any questions about this privacy policy, please contact us at support@akoha.com or write us at;

M1-3981 boul. St-Laurent
Montréal, QC, Canada
H2W 1Y5

Please be assured that any personal information that you provide in communications to the above e-mail and postal mail addresses will not be used to send you promotional materials, unless you so request.

Changes to this Privacy Policy

We say

We do have a right to change our minds. We’re funny that way.

The legal teams say

Please note that this Privacy Policy may change from time to time. If changes are substantial changes we will notify you by sending a notice to the primary e-mail address specified in your Akoha account or by posting a prominent announcement on the Site.

Each version of this Policy will be identified by its effective date, and we will also keep prior versions of this Privacy Policy in our archives.