Terms of Service

An outline of the terms of using Akindi.

On this page you will find the terms by which to use the Akindi website. You can also take a look at our Privacy Policy, which describes how we handle any personal information you provide us.

Acceptance of Terms

The web pages available at Akindi.com and all linked pages (“Site”), providing an automated grading of bubble sheets application (“Services”) are owned and operated by Akindi, Inc. (“Akindi”) an Canadian corporation and is accessed by you under the Terms of Use described below (“Terms”).

Please read these terms carefully before using the services. By accessing the Site, or using any services available on the Site you are agreeing to be bound by these terms, which together with our Privacy Policy, governs our relationship with you in relation to the Site. If you disagree with any part of the terms then you may not access the Site.

User Conduct

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by The Site. By way of example, and not as a limitation, you agree not to use the Services:

  1. To abuse, harass, threaten, impersonate or intimidate any person;
  2. To post or transmit, or cause to be posted or transmitted, any Content that is libellous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
  3. For any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Services;
  4. To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain private information from any Site user;
  5. To create or transmit unwanted ‘spam’ to any person or any URL
  6. To post copyrighted Content which doesn’t belong to you;
  7. You will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
  8. To advertise to, or solicit, any user to buy or sell any products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
  9. To promote Content of another person

To report a suspected abuse of the Site or a breach of the Terms (other than relating to copyright infringement which is addressed under “COPYRIGHT COMPLAINTS” below) please contact us from our Contact Us page.

You are solely responsible for your interactions with other users of the Site. Akindi reserves the right, but has no obligation, to monitor disputes between you and other users.

Content Submitted Or Made Available For Inclusion On The Service

Please read this section carefully before posting, uploading, or otherwise submitting any Content to the Site. All content on the Site, other than the Submissions displayed on the Site or otherwise made available via the Site, including without limitation, the text, software, scripts, graphics, and photos, and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Akindi. Akindi Content, and Submissions made available on or via the Site, are provided to you AS IS for your information and personal and business use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Akindi or the respective owners of such Submissions. Akindi reserves all rights not expressly granted in and to the Site and the Akindi Content. You agree to not engage in the use, copying, or distribution of any of the Akindi Content or Submissions, other than expressly permitted herein, including any use, copying, or distribution of Submissions of third parties obtained through the Site for any commercial or service bureau purposes. If you download or print a copy of any Akindi Content or Submissions for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Akindi Content or Submissions, or enforce limitations on use of the Site or the Akindi Content or Submissions displayed or made available therein.

If you are a Submitter, you understand that whether or not your Submissions are displayed or otherwise made available, Akindi does not guarantee any confidentiality or security with respect to any such Submissions.

You shall be solely responsible for your Submissions and the consequences of posting or publishing them. In connection with Submissions, you affirm, represent, and/or warrant that:

  1. You own or have the necessary licenses, rights, consents, and permissions to use and authorize Akindi to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submissions to enable inclusion and use of the Submissions in the manner contemplated by the Site and these Terms of Service.
  2. You have the written consent, release, and/or permission of each and every identifiable individual person in the Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submissions in the manner contemplated by the Site and these Terms of Service.

Copyright Complaints

Akindi respects the intellectual property rights of others. It is our policy to respond promptly any claim that Content posted on the Site infringes the copyright or other intellectual property infringement (“Infringement”) of any person. Akindi will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing.

To notify Akindi of a possible Infringement you must submit your notice to us through the Site’s Contact page and include in your notice a detailed description of the alleged Infringement sufficient to enable Akindi to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.

If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content. If you feel that your Content is not infringing, you may provide Akindi with a counter notice. You must include in your counter notice sufficient information to enable Akindi to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys' fees) if you materially misrepresent that your Content is not infringing the copyrights of others.

If you are uncertain whether an activity constitutes Infringement, we recommended seeking advice of an attorney.

Links

The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Akindi has no control over such sites and resources, you acknowledge and agree that Akindi is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Akindi shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Release And Indemnity

You hereby expressly and irrevocably release and forever discharge Akindi, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.

You hereby agree to indemnify and hold harmless Akindi, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site, (iii) the use of the Services.

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, AKINDI DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY SUBMISSIONS.

THE SITE’S SERVICES, AND ALL SUBMISSIONS AND OTHER MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR MADE AVAILABLE IN CONNECTION WITH THE SITE’S SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. AKINDI AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. AKINDI AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE ACCURACY, SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE’S SERVICES. AKINDI AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH ANY SUBMISSION OR ANY AKINDI SERVICE. AKINDI AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR IN CONNECTION WITH ANY SITE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SITE SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE SERVICES.

YOU AGREE THAT YOUR USE OF THE SITE AND ALL SUBMISSIONS SHALL BE AT YOUR SOLE RISK.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE SERVICES, INCLUDING BUT NOT LIMITED TO ANY SUBMISSION(S) AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA, INCLUDING SUBMISSIONS.

Limitations of Liability

AKINDI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS ASSUME NO LIABILITY OR RESPONSIBILITY FOR, AND IN NO EVENT SHALL AKINDI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM, ANY

  1. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE,
  2. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
  3. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE
  4. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE, OR SITES LINKED TO BY THIS SITE, BY ANY THIRD PARTY, AND/OR
  5. ANY ERRORS OR OMISSIONS IN ANY SUBMISSION(S) OR OTHER CONTENT MADE AVAILABLE BY THE SITE, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY SUBMISSION(S) OR OTHER CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN ANY EVENT, THE COMPANIES AGGREGATE LIABILITY SHALL NOT EXCEED $1000.00.

AKINDI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY ADVERTISING, AND AKINDI WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

YOU SPECIFICALLY ACKNOWLEDGE THAT AKINDI SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Site is not intended for children under 13. If you are under 13 years of age, then please do not use the Site.

Miscellaneous

No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind Akindi in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Akindi shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Akindi reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. Akindi may transfer, assign or delegate the Terms and its rights and obligations without consent. The Terms shall be governed by and construed in accordance with the laws of Ontario, as if made within Ontario between two residents thereof, and the parties submit to the exclusive jurisdiction of Ontario courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

If you have any further questions, please don’t hesitate to contact us at support@akindi.com

Last updated: November 7, 2012