Conditons of Use
Last updated: Nov 1, 2015
Welcome to Adakie.com. Adakie.com and/or its affiliates ("Adakie") provide website features and other products and services to you when you visit Adakie.com, use Adakie products or services, use Adakie applications for mobile, or use software provided by Adakie in connection with any of the foregoing (collectively, "Adakie Services"). Adakie provides the Adakie Services subject to the following conditions.
By using Adakie Services, you agree to these conditions. Please read them carefully.
We offer a wide range of Adakie Services, and sometimes additional terms may apply. When you use an Adakie Service you also will be subject to the guidelines, terms and agreements applicable to that Adakie Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of Adakie Services, to understand our practices.
When you use any Adakie Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, in-app push notices, or by posting notices and messages on this site or through the other Adakie Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Adakie Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Adakie or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Adakie Service is the exclusive property of Adakie and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Adakie Service are trademarks or trade dress of Adakie in the U.S. and other countries. Adakie's trademarks and trade dress may not be used in connection with any product or service that is not Adakie's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Adakie. All other trademarks not owned by Adakie that appear in any Adakie Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Adakie.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Adakie or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Adakie Services. This license does not include any resale or commercial use of any Adakie Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Adakie Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Adakie or its licensors, suppliers, publishers, rightsholders, or other content providers. No Adakie Service, nor any part of any Adakie Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Adakie. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Adakie without express written consent. You may not use any meta tags or any other "hidden text" utilizing Adakie's name or trademarks without the express written consent of Adakie. You may not misuse the Adakie Services. You may use the Adakie Services only as permitted by law. The licenses granted by Adakie terminate if you do not comply with these Conditions of Use or any Service Terms.
If you use any Adakie Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Adakie does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Adakie Services only with involvement of a parent or guardian. Adakie reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, videos, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Adakie reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Adakie a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Adakie and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Adakie for all claims resulting from content you supply. Adakie has the right but not the obligation to monitor and edit or remove any activity or content. Adakie takes no responsibility and assumes no liability for any content posted by you or any third party.
Adakie will refund any purchases made online where services were not delivered to your satisfaction and that are disputed within 15 days of the payment date. To request a refund please contact us at firstname.lastname@example.org.
Adakie respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.
PRODUCT AND SERVICE DESCRIPTIONS
Adakie attempts to be as accurate as possible. However, Adakie does not warrant that product or service descriptions or other content of any Adakie Service is accurate, complete, reliable, current, or error-free.
ADAKIE SOFTWARE TERMS
In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Adakie Services (the "Adakie Software").
Parties other than Adakie provide services, or sell product lines through the Adakie Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Adakie does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE ADAKIE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ADAKIE SERVICES ARE PROVIDED BY ADAKIE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ADAKIE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ADAKIE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ADAKIE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE ADAKIE SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ADAKIE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ADAKIE DOES NOT WARRANT THAT THE ADAKIE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ADAKIE SERVICES, ADAKIE'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM ADAKIE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ADAKIE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY ADAKIE SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY ADAKIE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your use of any Adakie Service, or to any products or services sold or distributed by Adakie or through Adakie.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any Adakie Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of New York, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Adakie.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your use of Adakie Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
ADDITIONAL ADAKIE SOFTWARE TERMS
- Use of the Adakie Software. You may use Adakie Software solely for purposes of enabling you to use and enjoy the Adakie Services as provided by Adakie, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Adakie Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Adakie Software or otherwise assign any rights to the Adakie Software in whole or in part. You may not use the Adakie Software for any illegal purpose. We may cease providing any Adakie Software and we may terminate your right to use any Adakie Software at any time. Your rights to use the Adakie Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain Adakie Software that are specifically identified in related documentation may apply to that Adakie Software (or software incorporated with the Adakie Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Adakie Service is the property of Adakie or its software suppliers and protected by United States and international copyright laws.
- No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Adakie Software, whether in whole or in part, or create any derivative works from or of the Adakie Software.
- Updates. In order to keep the Adakie Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.