Terms and Conditions

Registration and Eligibility.

You may need to register for an account or use your credentials (e.g. username and password) from a third party social media platform to access some or all of our Services. If you register for an account with Akwaaba App, you shall provide Akwaaba App with accurate and complete registration information (including, but not limited to your email address and/or mobile telephone number (optional) and a password you will use to access the Service). You will also keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your Akwaaba App account. We recommend, but do not require, that you use your own name as your user name (“User Name”) so your friends can recognize you more easily.

You agree that you will not:

• create an account for anyone other than yourself without such person’s permission;
• reate a username that is the name of another person with the intent to impersonate that person;
• create a user name or Akwaaba App account that is subject to any rights of a person other than you without appropriate authorization; or
• create a user name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.

Akwaaba App reserves the right to refuse registration of, or cancel a user name, in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Akwaaba App password. You shall never use another user’s account without such other user’s prior express permission. You will immediately notify Akwaaba App in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

You must be at least 13 years of age to access of use the Services. If you are under 18 years of age (or the age of legal majority where you reside), you may only access or use the Services under the supervision of a parent of legal guardian who agrees to be bound by these Terms of Use. The Service is not available to individuals who are younger than 13 years old. Akwaaba App may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.

If you use a mobile device, please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply. In the event you change or deactivate your mobile telephone number, you agree that you will update your account information on the Services within 48 hours to ensure that your messages are not sent to the person who acquires your old number.

Privacy

By using the Services, you consent to Akwaaba App’s collection, use, and disclosure of information about you and your device. Please refer to our Privacy Policy for information about how we collect, use and disclose information about you and your mobile device. Please review our data collection practices carefully before using our Services.

ARBITRATION NOTICE:

THESE Akwaaba App CONSUMER SERVICES TERMS OF USE (“TERMS OF USE”) CONTAIN A MANDATORY ARBITRATION PROVISION. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT PROVISION, YOU AND THE Akwaaba App PARTIES AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND THE Akwaaba App PARTIES WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Content.

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Akwaaba App cannot guarantee the authenticity of any Content or data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. For purposes of these Terms of Use, the term “Content” includes, without limitation, any location information, “shouts”, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise you make accessible to Akwaaba App on or through the Services. Content you add, create, upload, submit, distribute, post or otherwise obtain through your use of the Services, including Content that you add to the Services if you link your accounts to third party websites and services, is collectively referred to as, “User Submissions.”

Akwaaba App Content.

The Services contain Content specifically provided by Akwaaba App or its partners and licensors, and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.

Subject to these Terms of Use, Akwaaba App grants you a personal, worldwide, royalty-free, non-exclusive, non-sublicensable, non-transferable and revocable license to access, and use the Content, solely for non-commercial use. You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so. You agree not to authorize or permit any third party to distribute or make the Apps available over a network where it can be used by multiple devices at the same time; nor will you remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on or in the Services. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial (whether or not for profit) use or in any way that violates any third party right

User Submissions.

We may use your User Submissions in a number of ways in connection with our Sites, Services and Akwaaba App’s business as Akwaaba App may determine in its sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing other users to do the same in connection with their own websites, media platforms, and applications (“Third Party Media”). By submitting User Submissions on our Sites or otherwise through the Services, you hereby grant Akwaaba App a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to host, use, store, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions and any content that your submit to Akwaaba App for business purposes (e.g. promoting the Sweepstakes in which you participated) in connection with our Sites, Services and Akwaaba App’s (and its successors and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Sites (and derivative works thereof) or the Services in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also grant each user of our Sites and/or the Services, including Third Party Media, a non-exclusive license to access your User Submissions through our Sites and the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions in connection with their use of our Sites, Services and Third Party Media. For clarity, the foregoing license grant to Akwaaba App does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing with Akwaaba App.

You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

You understand that all information publicly posted or privately transmitted through our Sites is the sole responsibility of the person from which such Content originated; that Akwaaba App will not be liable for any errors or omissions in any Content; and that Akwaaba App cannot guarantee the identity of any other users with whom you may interact in the course of using our Services.

When you delete your User Submissions, they will be removed from the Services. However, you understand that any removed User Submissions may persist in backup copies for a reasonable period of time (but following removal, it will not be shared with others) or may remain with users or third parties who have previously accessed or downloaded your User Submissions.

Rules and Conduct.

As a condition of your use, you shall not use the Services for any purpose that is prohibited by these Terms of Use. You are solely responsible for all of your activity in connection with the Services. Additionally, you shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.

You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through our Services, including without limitation any User Submission, that:

• Infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
• You know is false, misleading, untruthful or inaccurate;
• Is unlawful, threatening, abusive, harassing, defamatory, predatory, stalking, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate or objectionable as determined by Akwaaba App in its sole discretion;
• Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
• Involves commercial activities (whether or not for profit) and/or sales without Akwaaba App’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
• Contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Akwaaba App or any third party;
• Impersonates any person or entity, including any employee or representative of Akwaaba App;
• Includes anyone’s identification documents or sensitive information; or
• Breaches the Privacy Policy, the House Rules and/or any of the other policies and rules incorporated herein.

If the User Submission includes a photograph, Akwaaba App’s Photo Guidelines shall apply. Akwaaba App has a zero-tolerance policy against child pornography, and will terminate and report to the appropriate authorities any user who publishes or distributes child pornography.

You shall not (directly or indirectly):

• Take any action that imposes or may impose (as determined by Akwaaba App in its sole discretion) an unreasonable or disproportionately large load on Akwaaba App’s (or its third party providers’) infrastructure;
• Interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
• Bypass any measures Akwaaba App may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);
• Run any form of auto-responder or “spam” on the Service;
• Use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;
• Harvest or scrape any Content from the Service;
• Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Service or Site Content (other than your User Submissions), except as expressly authorized by Akwaaba App;
• Decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;
• Copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
• Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our services or that could damage, disable, overburden or impair the functioning of our services in any manner;
• Otherwise take any action in violation of Akwaaba App’s guidelines and policies.

Akwaaba App does not guarantee that any Content or User Submission (as defined above) will be made available on the Site or through the Service. Akwaaba App has no obligation to monitor the Sites, Services, Content, or User Submissions. However, Akwaaba App reserves the right to (i) remove, suspend, edit or modify any Content in its sole discretion, including without limitation any User Submissions at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Akwaaba App is concerned that you may have violated these Terms of Use), or for no reason at all and (ii) to remove, suspend or block any User Submissions from the Service. Akwaaba App also reserves the right to access, read, preserve, and disclose any information as Akwaaba App reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Akwaaba App, its users and the public.

Card Services

Certain features of our Services and/or certain services and products made available to you through the Services may allow you to purchase services (“Card Services”). Akwaaba App uses a third-party payment processor (the “Payment Processor”) to link your credit card account to the Services (your “Card Account”) for use of the Card Services. The processing of payments or credits, as applicable, in connection with the Card Services will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to this Agreement. Akwaaba App is not responsible for any errors by the Payment Processor. In connection with your use of the Card Services, Akwaaba App will obtain certain transaction details, which Akwaaba App will use solely in accordance with our Privacy Policy.

Special Terms for ‘Add-to-Akwaaba App’ Link

If you include Akwaaba App’s ‘Save-to-Akwaaba App’ Link (“Save-to Link”) on your website, the following additional terms apply to you:

• Subject to your continuous compliance with these Terms of Use, Akwaaba App hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to use and display the Save-to Link on a website for which you have proper authorization (“your website”) so that users can post links or content from your website on the Service. You grant us permission to use and allow others to use such links and content on the Service.
• Your license is subject to the following restrictions on use:
  1. you may not use the Save-to Link to facilitate your sale of access to the Service or any information therein without Akwaaba App’s prior written approval;
  2. you may not obscure or disable any element of the Save-to Link;
  3. your website title and other trademarks and logos must appear at least as prominent as Akwaaba App’s trademarks and logos in the Save-to Link;
  4. you may not display the Save-to Link in any manner that implies partnership with, affiliation with, sponsorship, or endorsement by Akwaaba App;
  5. you may not display the Save-to Link on any site that disparages Akwaaba App or its products or services, infringes any Akwaaba App’s intellectual property or other rights, or violates any applicable law;
  6. you may not place the Save-to Link on sites that include content that would violate these Terms of Use if posted on the Service;
  7. you may not display the Save-to Link in a manner that does not permit successful linking to, redirection to the Service; and
  8. you may not insert any intermediate page, splash page, or other content between the Save-to Link and the Service.

Special Terms for Pages.

If you have a “Page” on the Service, you also agree to the following:

• Pages are special profiles that may only be used to promote a business or other commercial, political, or charitable organization or endeavor (including non-profit organizations, political campaigns, bands, and celebrities).
• You may only administer a Page if you are an authorized representative of the subject of the Page.
• All Content posted on the Pages will be made available to all users of the Services.
• You may not display any Content on your Page that is an ad or could be construed as an ad.
• You may not establish terms beyond those set forth in these Terms of Use to govern the use of the Page you administer.
• Your Page will not be used primarily or substantially to promote or advertise alcohol or tobacco products, firearms, or other products or services that may not be lawfully purchased or used by minors.
• You will not direct your Page, or any Content on your Page, to children under the age of 13.
• If you collect information about users, you will only use such information for your internal business purposes in connection with your use of the Service and in accordance with Akwaaba App’s Privacy Policy.
• You will not use deceptive practices to get users to “like” your Page.
• You are responsible for ensuring that your Page, including any Content you post on your Page, shall comply with all applicable laws, rules and regulations and these Terms of Use, and any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.

Special Terms for Verified Venues.

We disclose data to other Akwaaba App affiliates for the purposes outlined in this Privacy Policy.If you are the verified representative of a venue, you also agree to Akwaaba App’s Venue Terms and Conditions.

Advertisements and Promotions.

Some of our Apps may run advertisements and promotions from third parties on or in connection with the Services or may otherwise provide information or links to third-party products or services on or in connection with the Services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. Akwaaba App is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Akwaaba App advertisers or third party information on the Services.

Third Party Sites and Services.

The Service may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site. When you access third party websites, you do so at your own risk. Each party’s terms will govern the respective party’s relationship with you. These other websites are not under Akwaaba App’s control, and you acknowledge that Akwaaba App is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Akwaaba App or any association with its operators. You further acknowledge and agree that Akwaaba App 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 the use of or reliance on any such Content, goods or services available on or through any such website or resource.

Termination.

Akwaaba App may terminate your access to all or any part of the Service and/or Save-to Link at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with the Services. If you wish to terminate your account, you may do so by following the instructions on our Sites. Any fees paid hereunder are non-refundable. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer.

Akwaaba App has no special relationship with or fiduciary duty to you. You acknowledge that Akwaaba App has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; effects, if any, the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.

You release Akwaaba App from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Akwaaba App makes no representations concerning any Content contained in or accessed through the Services, and Akwaaba App will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.

You release us from all liability relating to your connections and relationships with other users of the Sites. You understand that we do not, in any way, screen users, nor do we inquire into the backgrounds of users or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of users or the veracity of any information users provide. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with users or persons you may otherwise meet through the Services. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through the Services, particularly if you decide to meet such individuals in person. For example, you should not, under any circumstances, provide your financial information (e.g., credit card or bank account numbers) to other individuals.

THE SITE, SERVICE, CONTENT AND SAVE-TO-LINK ARE PROVIDED “AS IS”, “AS AVAILABLE” AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.

Akwaaba App, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE, SERVICES, CONTENT AND SAVE-TO LINK IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification.

You shall defend, indemnify, and hold harmless Akwaaba App, its subsidiaries, affiliates and each of its and its subsidiaries’, affiliates’ employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, our Sites, Services, Content, Save-to Link or otherwise from your User Submissions, violation of these Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity . Akwaaba App reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Akwaaba App in asserting any available defenses

Limitation of Liability.

ALL LIABILITY OF Akwaaba App, ITS SUBSIDIARIES AND AFFILIATES, EACH OF IT AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE OUR SITES, SERVICES, CONTENT, USER SUBMISSIONS OR SAVE-TO LINK IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT THAT IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF Akwaaba App, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TO ONE HUNDRED US DOLLARS ($100).

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Akwaaba App, ITS SUBSIDIARIES AND AFFILIATES, NOR IT AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT Akwaaba App, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO OUR SITES, SERVICES, CONTENT, USER SUBMISSIONS OR SAVE-TO LINK FOR:

• INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES;
• LOSS OF ACTUAL OR ANTICIPATED PROFITS;
• LOSS OF REVENUE;
• LOSS OF GOODWILL;
• LOSS OF DATA;
• LOSS OF ANTICIPATED SAVINGS;
• WASTED EXPENDITURE; OR
• COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.

NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS OF USE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, Akwaaba App’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

SOLELY IN RESPECT OF USERS LOCATED IN EUROPEAN ECONOMIC AREA (EEA), NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT OUR OR YOUR LIABILITY (AS APPLICABLE) IN RESPECT OF:

• DEATH OR PERSONAL INJURY ARISING AS A RESULT OF OUR OR YOUR NEGLIGENCE (AS APPLICABLE);
• FRAUD (INCLUDING FRAUDULENT MISREPRESENTATION), THEFT OR OTHER CRIMINAL ACTIVITY; OR
• ANY BREACH OF ANY OBLIGATIONS IMPLIED BY SECTION 12 OF THE SALE OF GOODS ACT 1979 OR SECTION 2 OF THE SUPPLY OF GOODS AND SERVICES ACT 1982.

Governing Law.

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Akwaaba App agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

For users not located in the EEA, the following arbitration and governing law provisions shall apply:

• These Terms of Use and any disputes or claims arising out of or in connection with it shall be governed by, and construed in accordance with, the laws of England. All disputes or claims arising out of or relating to these Terms of Use shall be subject to the exclusive jurisdiction of the English Courts to which the Parties irrevocably submit.

Legal Compliance

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

Government Use.

The use, duplication, reproduction, release, modification, disclosure or transfer of the software, application or widget is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. Any such software, application or widget is a “commercial item,” “commercial computer software” and “commercial computer software documentation.” In accordance with such provisions, any use of any such software, application or widget shall be governed solely by these Terms of Use.

Apple Terms of Service.

You acknowledge and agree that these Terms are a binding agreement between you and Akwaaba App, and which Akwaaba App is required to pass onto you by Apple: (a) these Terms are between you and Akwaaba App only, and not with Apple, and Akwaaba App is solely responsible for the iOS Apps and the content thereof; (b) there are additional usage rules for the iOS Apps by Apple, which are subject to additional restrictions set forth in the App Store Terms of Service (the “Usage Rules”) and you will comply with such Usage Rules; (c) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS Apps; (d) to the extent permitted by law, Apple shall have no warranty obligation whatsoever with respect to the IOS Apps or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the iOS Apps; (e) Akwaaba App, not Apple, is responsible for addressing any claims that you may have or any third party relating to the iOS Apps, your possession and/or use of the iOS App, including but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection, privacy, or similar legislation; and (iv) claims that the iOS Apps infringe a third party’s intellectual property rights; (f) Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof).

Integration and Severability.

These Terms of Use are the entire agreement between you and Akwaaba App with respect to the Service and use of the Site, Service, Content, User Submissions or Save-to-Link, and supercede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Akwaaba App with respect to ourSites. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. 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. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, Akwaaba App must provide you with written notice of such waiver through one of its authorized representatives.

Modification of Terms of Use.

Akwaaba App reserves the right, at its sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on our Sites or by sending you notice through the Services or via email. Akwaaba App may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Services following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

Cancellation of these Terms of Use

In respect of users located in the EEA who wish to receive Services, and/or provide User Submissions, and/or provide or access Content via our Sites, such users may have a right to cancel these Terms of Use under the European Distance Selling Directive (97/7/EC) (“Directive”) within 7 days of accepting these Terms of Use solely to the extent such right applies under the Directive to such users, save that if such right to cancel applies, it shall cease to exist from the time of actual use of the Services, and/or provision of the User Submissions, and/or provision or access of Content via the Sites by such users.

Miscellaneous.

Akwaaba App shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Akwaaba App’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Akwaaba App’s prior written consent. Akwaaba App may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.

Unless otherwise specified in these Terms of Use, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Solely in respect of users located in the EEA, in respect of these Terms of Use and your use of our Sites, Services, Content, User Submissions or Save-to Link, nothing in these Terms of Use shall be deemed to grant any rights or benefits to any person, other than us and you (and our and your respective successors in title or assignees), or entitle any third party to enforce any provision hereof, and we and you agree that we do not intend that any provision of these Terms of Use should be enforceable by a third party by virtue of the Contracts (Rights of Third Parties) Act 1999.

Language.

Where Akwaaba App has provided you with a translation of the English language version of these Terms of Use, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Akwaaba App.

If there is any contradiction between what the English language version of these Terms of Use says and what a translation says, then the English language version shall take precedence.

Data Protection and Privacy

Akwaaba App’S UNSOLICITED IDEA SUBMISSION POLICY

Akwaaba App Labs, Inc. (“Akwaaba App “) or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“submissions”) in any form to Akwaaba App or any of its employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Akwaaba App ’s products or marketing strategies might seem similar to ideas submitted to Akwaaba App . If, despite our request that you not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your submissions.

TERMS OF IDEA SUBMISSION

By sending us any submissions, you agree that (i) your submissions and their contents will automatically become the property of Akwaaba App and Akwaaba App shall be entitled to the unrestricted use of the submission for any purpose whatsoever, commercial or otherwise, without compensation or attribution to you, (ii) your submissions does not contain the confidential or proprietary information of third parties, (iii) Akwaaba App will consider the submissions to be non-confidential and non-proprietary, (iv) Akwaaba App may have something similar to the submissions already under consideration or in development, and (v) Akwaaba App will have no obligations concerning the submissions, contractual or otherwise (including but not limited to an obligation to keep the submissions confidential).

PRODUCT FEEDBACK

Akwaaba App does, however, welcome your feedback regarding many areas of Akwaaba App ‘s existing business. If you want to send us your feedback, and we hope you do, we simply request that you send it to us at hello@akwaaba.app Please provide only specific feedback on Akwaaba App ‘s existing products or marketing strategies; do not include any ideas that Akwaaba App ‘s policy will not permit it to accept or consider. It’s just one more way that Akwaaba App can learn how to best satisfy your needs. Any feedback you provide to Akwaaba App or any of its employees shall be deemed to be non-confidential. Akwaaba App shall be entitled to the unrestricted use of the feedback for any purpose whatsoever, commercial or otherwise, without compensation or attribution to you.

• GDPR Compliance: We value your privacy and ensure that our practices align with the General Data Protection Regulation (GDPR) requirements.
• Information Audit: We document the personal data we hold, its source, and who it has been shared with.
• Individual Rights: Users have the right to access their data, request corrections, or delete their data.
• Data Breaches: We have robust measures in place to detect, report, and investigate personal data breaches.
• Consent: We seek explicit consent for collecting personal data and ensure transparent communication regarding its use.
• Data Protection by Design: We incorporate data protection into our system designs.
• Children’s Data: We do not knowingly collect data from children under the age of 16 without parental consent.

User Conduct and Community Guidelines

Users and businesses on Akwaaba App are expected to uphold certain standards of behavior. Akwaaba App reserves the right to deactivate or remove accounts that violate these standards, which include but are not limited to:

• Prohibited Content: Posting nudity, pornography, or any form of explicit content is strictly prohibited.
• Abusive Language and Violent Threats: Harassment, bullying, or posting threats of violence against individuals or groups is not allowed.
• Business Conduct and Reviews: Businesses must maintain an average review rating of 3 stars or above. Failure to meet this standard may result in account deactivation unless an action plan for improvement is submitted and approved.

Termination

We reserve the right to terminate or suspend any user or business account if we believe there is a violation of these TOS or any malicious activities being carried out using our services.

House Rules

Here’s the thing: Akwaaba App is great. Help us keep it that way by following a simple set of House Rules developed for (and by!) our community.

Good things

Find all your friends on Akwaaba App. Akwaaba App is better with your friends! Find friends in the app. Only friend people you know and wouldn’t mind sharing your location with. Sending mass requests to people you don’t know is a big no-no – that should really go under ‘Not cool,’ but we like to keep things positive.

Leave tips for others. Leave useful tips at locations you’re familiar with. Give recommendations for what to order at a restaurant (“Try the curried ginger milkshake. Not on the menu, but so good!”) or other insider information (“Come on a weekday to avoid lines”) that would be the same kind of helpful info you’d pass on to a friend. Bonus: other people will ‘like’ your tips – the more likes you get, the more your reputation as an expert will grow!

Leave tips for others. Leave useful tips at locations you’re familiar with. Give recommendations for what to order at a restaurant (“Try the curried ginger milkshake. Not on the menu, but so good!”) or other insider information (“Come on a weekday to avoid lines”) that would be the same kind of helpful info you’d pass on to a friend. Bonus: other people will ‘like’ your tips – the more likes you get, the more your reputation as an expert will grow!

Create lists. Add places and tips to your to-do list – it’ll help you remember what you want to try next! And create other lists to show just how much you know about comic book stores, or to share your chicken nugget know-how.

Upload a handsome profile photo. A good photo helps friends recognize you when they’re sending friend requests.

Use Akwaaba App to make the most of where you are. If you’re in a new area or deciding where to go in your city, open the Akwaaba App app and browse in the Explore tab to discover that hole-in-the-wall spot of your dreams and tips (“try the wasabi ice cream! It’ll blow your mind!”) around you. Just tap the search icon to look for what you’re craving, like “Mexican Restaurant,” “nachos,” or “Joe’s Taco’s.”

Be respectful of other people. Duh. Keep the Akwaaba App community positive! Harassing other people through photos, tips, lists, shouts or places is SO not cool. So just be nice and respectful, instead. Comprende?

Not cool

We don’t like it when you check in when you’re not at a place. It makes us sad. Only check in when you’re there (remember: only one check-in per day at a place counts toward mayorships, so no need to check in more than once at the same exact place)! If you check in too often in a short period of time, you’ll see the check-in error message. Also, checking in across the globe from where you’re at is discouraged – we know you love badges, but it’s only really fun if you earn them fairly.

Try not to add places to Akwaaba App that don’t actually exist. A place on Akwaaba App should be a social location where people can actually meet up. Oh, and places like Snowpocalypse (that are based around a temporary, real event) are social and therefore okay! Confused? Well, we think that if people are enjoying checking in to a place and it’s not hurting anyone, that it’s legit. Examples of what not to add: I’m on a plane, stuck in traffic, your mom. Make sure to search for a place before adding it to our system. That’s the best way to prevent duplicates!

Please refrain from checking in to the homes of others, unless they are your friends and have invited you to do so. Homes are sensitive – it can creep people out to see non-friends checking in. Remember, checking in to your own home is okay! If you’ve categorized a place as a home, it will not show up in search to others, but it will show up if you search for it by name (which is why you should choose a unique name!). And only create a Akwaaba App location for someone else’s home if you have the permission of the resident/owner.

Don’t create tips or any other content with inappropriate language or negativity directed at another person. They will be deleted! Plus, being nice is better than being mean.

Don’t spam! Spamming through tips, places, photos or anything else is not okay. (What’s spam? So glad you asked. Spam is any content including links to websites selling software, realtor contact info, a listing for your business, or other promotion). Uploading similar content to several different places is considered a violation of our Terms of Service and will cause your account to be deactivated. Tips, places, photos, etc. should be unique to the place they’re at and useful for others.

Don’t misuse our trademarks. As our company grows, we need to protect our trademarks or we risk losing our rights to them altogether (you remember what happened to ‘escalator’ and ‘xerox’). That said, we love when people create vibrant communities around Akwaaba App , so we ask that you use ‘4sq’ instead of ‘Akwaaba App ’ or ‘Akwaaba App ,’ and please make clear that you’re ‘unofficial’ and not affiliated with us. See our trademark guidelines for more details.

Akwaaba App Trademark and Brand Feature Guidelines

Akwaaba App ®, Swarm™, 4SQ® and Check-in™ and certain graphics, logos, badges, designs, page headers, button icons, and scripts, are trademarks, service marks and trade dress of Akwaaba App Labs, Inc. (“Akwaaba App “) in the U.S. and other countries, (the “Akwaaba App Marks”). We support and encourage ideas, services, and tools that utilize and supplement the Akwaaba App ® services. However, we are quite serious about protecting our reputation and brand identity. To help us achieve this goal, you must follow these guidelines.

Why Must Akwaaba App Protect its Marks?

Akwaaba App must be to able assure the public that only the products and services offered, sponsored, or endorsed by Akwaaba App actually bear the Akwaaba App Marks. Trademark law requires that we not only protect against improper use of the Akwaaba App Marks, but also protect against use of confusingly similar marks.

General Guidelines for Using the Akwaaba App Marks.

In order for you to help us protect our Akwaaba App Marks, we ask the following:

The Dos.

• You may of course use the Akwaaba App Marks to refer to Akwaaba App Labs, Inc., our application, services provided by us, the Akwaaba App.com website, and our other offerings.
• However, we ask that you do so in a way that does not improperly suggest an affiliation, sponsorship, or endorsement of your website, domain name, products, or services by Akwaaba App.
• Always distinguish the Akwaaba App Marks from surrounding text by capitalizing, italicizing, or using a different font for Akwaaba App Marks.
• Always follow your use of our Akwaaba App Marks with the ™ or ® symbol, as applicable, in superscript.
• Always use the Akwaaba App Marks in sentences as adjectives, such as the Akwaaba App ® website or Akwaaba App ® service, as opposed to as a noun or verb.

The Do Nots.

• Do not incorporate our Akwaaba App Marks or any other confusingly similar marks into your domain names, screen names, website names, or trademarks.
• Do not alter or modify the Akwaaba App Marks, including adding other terms to the Akwaaba App Marks to create new words or changing a single element of the Akwaaba App Marks.
• Do not use the Akwaaba App Marks as part of a name of a product or service of a company other than Akwaaba App, except as otherwise expressly provided in a written agreement by Akwaaba App.
• Do not use the Akwaaba App Marks in a modified form, including an abbreviated form or in the plural or possessive form.
• Do not use the Akwaaba App Marks in any manner that merges the Akwaaba App Marks with other words, symbols, or numbers, either as one word or used as a modifier (with a hyphen).
• Do not use or display the Akwaaba App Marks in a way that implies a relationship or affiliation with, sponsorship, or endorsement by Akwaaba App.
• Do not use any trademarks, service marks, trade dress, designs, or logos that are confusingly similar to the Akwaaba App Marks or the look and feel of the Akwaaba App application or website.
• Do not use our Akwaaba App Marks in any manner that otherwise violates applicable law or regulation.

Appearance

You shall ensure that the presentation of the Akwaaba App Marks shall be consistent with Akwaaba App ‘s own use of the Akwaaba App Marks in comparable media. From time to time, Akwaaba App may provide you with guidelines for the size, typeface, colors and other graphic characteristics of the Akwaaba App Marks, which, upon delivery to you, shall be deemed to be incorporated into these Trademark and Brand Feature Guidelines.

Specific Guidelines for Using the Akwaaba App Marks.

Akwaaba App ® Merchandise

You may not use the Akwaaba App Marks on any merchandise without our permission.

Guidelines if you use the Akwaaba App ® API in your application or service:

If you use our API in your application or service, we require the following:

You Must

• Read and follow these Trademark and Brand Feature Guidelines.
• If your application or service displays any Akwaaba App Marks associated with Akwaaba App ® features and functionalities made available through the API, prominently include the statement:

“This [application/service] uses the Akwaaba App ® application programming interface but is not endorsed or certified by Akwaaba App Labs, Inc. All of the Akwaaba App ® logos (including all badges) and trademarks displayed on this [application/service] are the property of Akwaaba App Labs, Inc.”

Powered by Akwaaba App’s logo license

If you use our API in your application or service you MAY display one of our powered by Akwaaba App ® logos in connection with your application or service, including on your website, all mobile application stores, and on your application. Use our powered by Akwaaba App ® logo does not in any way signify that your application or service is endorsed or certified by Akwaaba App . Subject to full compliance with the API Terms of Use, and these Trademark and Brand Feature Guidelines, Akwaaba App hereby grants to you a limited, personal, non-sublicenseable, non-transferable, nonexclusive, revocable license to use our powered by Akwaaba App ® logo in connection with your application or service, including on your website, all mobile application stores, and on your application.

Approved Terms license

Subject to full compliance with the Akwaaba App API Terms of Use and these Trademark and Brand Feature Guidelines, notwithstanding anything to the contrary herein, Akwaaba App hereby may, at its discretion, grant to you a limited, personal, non-sublicenseable, non-transferable, nonexclusive, revocable license to use either “4SQ” or the term “four”, “square”, “check”, or other similar term pre-approved by Akwaaba App (together, “Approved Terms”) as incorporated in your trademark, website name, and domain name of your choice in connection with the promotion and distribution of your application or services utilizing our API or otherwise related to our services. If we grant you such a license, you agree that:

• you MUST include prominent display of one of our powered by Akwaaba App ® logos in connection with your application or service, including on your website, all mobile application stores, and on your application;
• Akwaaba App is the sole owner of the Akwaaba App Marks and Approved Terms and you will not challenge our ownership, use, or validity of the Akwaaba App Marks or Approved Terms or assist any third party in doing so, by any act or omission that will in any way impair our rights to the Akwaaba App Marks and Approved Terms;
• you will not acquire any rights in the Akwaaba App Marks and Approved Terms by virtue of any use of any Approved Term and you will refrain from filing any application to register any trademarks incorporating an Approved Term or any other mark confusingly similar to any Akwaaba App Marks in connection with Akwaaba App, its services, or use of its API;
• your use of an Approved Term, including all goodwill that results therefrom, will inure to the sole benefit of Akwaaba App; and
• Akwaaba App may terminate this license at any time for any reason or no reason and upon termination of this license you will immediately cease use of all Approved Terms in connection with any Akwaaba App ® related services or information.

If you do not follow these Trademark and Brand Feature Guidelines, we reserve the right to discontinue providing our API to you.

For more information on the use of the Akwaaba App Marks if you use the API, please see: Trademark Guidelines 101 for Developers

Other

If you do not agree to these terms, you must not use the Akwaaba App Marks. To help us address future branding concerns, we may modify these Trademark and Brand Feature Guidelines from time to time without notice to you. You are responsible for complying with any modified terms and therefore review and become familiar with any modifications. If you do not comply with these Trademark and Brand Feature Guidelines, you do not have any right to use the Akwaaba App Marks.

Changes to TOS

Akwaaba App reserves the right to change these TOS from time to time. We will provide notice of changes as required by law.

Last Updated: April 1, 2021

Akwaaba App Consumer Services Terms of Use

ARBITRATION NOTICE: THESE Akwaaba App CONSUMER SERVICES TERMS OF USE (“TERMS OF USE”) CONTAIN A MANDATORY ARBITRATION PROVISION. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT PROVISION, YOU AND THE Akwaaba App PARTIES AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND THE Akwaaba App PARTIES WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

These Terms of Use cover your use of the Akwaaba App consumer services, which we’ll refer to as the “Services”. The Services consist of:

• These websites: akwaaba.app, akwaabaapp.co, etc., and any other consumer websites offered by Akwaaba App (collectively, the “Sites”);
• These mobile apps: Akwaaba App consumer mobile apps offered by Akwaaba App (collectively, the “Apps”); and
• The services, features, content, and widgets offered by Akwaaba App in connection with the above.

Akwaaba App Labs, Inc. (“Akwaaba App “) is committed to protecting the intellectual property of third parties.

Copyright Infringement by Users

Akwaaba App ‘s Copyright Policy and Trademark Policy is available below

Procedure for Reporting Trademark Infringements:

To report a claim of trademark infringement, please provide a written communication (by regular mail – not by email) that sets forth the items specified below or, alternatively, by using this online form:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the registered trademark that has been allegedly infringed.
2. (a) List of the trademark(s) at issue; (b) the country/countries in which those trademarks are registered, and (c) provide the registration number of the trademark at issue.
3. Identification of the material that is claimed to be infringing the registered trademark, including information regarding the location of the allegedly infringing materials that the trademark owner seeks to have removed, with sufficient detail so that Akwaaba App is capable of finding and verifying its existence.
4. Contact information about the notifier, including address, telephone number, and, if available, an email address. If you are not the owner of the trademark that has been allegedly infringed, please describe your relationship to the trademark owner.
5. A statement representing that the trademark(s) at issue were registered and in use prior to the alleged infringement.
6. A statement detailing why the use of the trademark(s) at issue in the allegedly infringing materials creates consumer confusion as to source, origin, affiliation, or endorsement, as opposed to a simple identification of a legitimate location, product, or service or use in a manner that would not be likely to cause confusion.
7. A statement representing that (a) the trademark owner has done an investigation of the infringement but has not been able to locate the alleged infringer or (b) the trademark owner has contacted the alleged infringer who has refused to comply with the trademark owner’s requests.
8. The following statement: “I represent that the information in this notification is true and correct and that I am authorized to act on behalf of the trademark owner.”
9. If sending a written communication, please send to the following address:

Akwaaba App Labs, Inc.

Attn: General Counsel

50 W 23rd St, 8th Floor

New York, NY 10010

Akwaaba App LABS, INC. COPYRIGHT POLICY

Akwaaba App Labs, Inc. (“Akwaaba App “) has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act. The address of Akwaaba App ‘s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.

It is Akwaaba App ‘s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.

A. Procedure for Reporting Copyright Infringements:

If you believe that material or content residing on or accessible through the Akwaaba App Web site or service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below,

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;

• Identification of works or materials being infringed;
• Identification of the material that is claimed to be infringing, including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Akwaaba App is capable of finding and verifying its existence;
• Contact information about the notifier, including address, telephone number, and, if available, an email address. If you are not the owner of the copyright that has been allegedly infringed, please describe your relationship to the copyright owner;
• A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
• A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:

It is Akwaaba App ‘s policy:

• Identification of works or materials being infringed;
• Identification of the material that is claimed to be infringing, including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Akwaaba App is capable of finding and verifying its existence;
• Contact information about the notifier, including address, telephone number, and, if available, an email address. If you are not the owner of the copyright that has been allegedly infringed, please describe your relationship to the copyright owner;
• A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law;
• A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner;
• To remove or disable access to the infringing material;
• To notify the content provider, member, or user that it has removed or disabled access to the material; and
• That repeat offenders will have the infringing material removed from the system and that Akwaaba App will terminate such content provider’s, member’s, or user’s access to the service.

C. Procedure to Supply a Counter-Notice to the Designated Agent:

If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:

• A physical or electronic signature of the content provider, member, or user;
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
• A statement that the content provider, member, or user has a good faith belief that the material was removed or disabled as a result of a mistake or a misidentification of the material; and
• Content provider’s, member’s, or user’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s, or user’s address is located, or if the content provider’s, member’s, or user’s address is located outside the United States, for any judicial district in which Akwaaba App is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Akwaaba App may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Akwaaba App ‘s discretion.

Acceptance of Terms.

By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site(s), where applicable, you agree to all of the terms and conditions contained herein (“Terms of Use”), which also incorporate Akwaaba App ‘s Privacy Policy, Akwaaba App ‘s Intellectual Property Policy, Akwaaba App ‘s Photo Guidelines, Akwaaba App ‘s Venue Terms and Conditions, Placed Points Program, and all other operating rules, policies and procedures that may be published from time to time on the Site(s) by Akwaaba App , each of which is incorporated by reference and each of which may be updated by Akwaaba App from time to time without notice to you in accordance with the terms set out under the “Modification of Terms of Use” section below. In addition, some services offered through the Services may be subject to additional terms and conditions specified by Akwaaba App from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. These Terms of Use apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services on the Site(s), individual users of the Services, venues that access the Services, and users that have a page on the Services.

Access.

Subject to these Terms of Use, Akwaaba App may offer to provide the Services, as described more fully on our Sites, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but shall not be limited to, any services Akwaaba App performs for you, any applications or widgets offered by Akwaaba App that you download from ourSites or, subject to the terms set out under the “Third party Sites and Services” section below, from third party application stores (e.g., iTunes® store or Google Apps Marketplace) authorized by Akwaaba App , as well as the offering of any materials displayed or performed on or through the Services (including Content (as defined below)).