Terms of Use

features-and-design.png

Updated June 27, 2016

These Terms of Use ("Terms") govern your relationship with Azha, Inc. ("Azha") and form a legally binding contract. By using or accessing Azha's products and services ("Services"), you agree to these Terms. If you do not agree to these Terms then do not use or access the Services.


General Safety & Security

  1. You will not use the Services for any purpose that is illegal or prohibited by these Terms. Azha reserves the right to disable your account for violating any of these Terms. If we disable your account, you agree to not create another account.
     
  2. You will not use Azha if you are under 13 years of age.
     
  3. You are responsible for all activity that occurs in your account. You are responsible for keeping your login information protected and secure and will not share your password, let anyone else use your account, or put your login information in a place that would jeopardize the security of your account. You will keep your account information accurate and up-to-date.
     
  4. You will not create more than one account on Azha. You will not include web domains or URLs in your username without prior written permission from Azha. You will not select usernames that are profane, inappropriate, or infringe upon a trademark or copyright.
     
  5. You will not attempt to solicit the login information of another user, or attempt to use another user's account, username, or password without their permission.
     
  6. You will not create an account for anyone other than yourself without permission.
     
  7. You will not attempt to login or create user accounts with unauthorized third party applications including, but not limited to, automated bots, scripts, spiders, crawlers, or devices.
     
  8. You will not attempt to block or restrict the access of other users.


License

  1. Azha grants you a limited, personal, non-transferable, nonexclusive, revocable, and non-sublicensable license for the sole purpose of accessing and use the Services as set forth in these Terms and Azha's Privacy Policy.

  2. You may not copy, modify, translate, distribute, sell, lease, decompile, reverse engineer, create derivative works based on, or attempt to extract the source code of any part of, our Services.


Disclaimer, Limitation of Liability, and Waiver

WE TRY TO KEEP AZHA SAFE, SECURE, AND RUNNING SMOOTHLY, BUT YOU USE AZHA AT YOUR OWN RISK. AZHA IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, TITLE, CUSTOM, TRADE, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT GUARANTEE OR WARRANT THAT AZHA WILL ALWAYS BE SECURE OR ERROR-FREE; FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; THAT ANY AZHA CONTENT, USER CONTENT, OR INFORMATION OBTAINED THROUGH AZHA WILL BE ACCURATE OR TIMELY; OR THAT AZHA WILL NOT SUBJECT YOU OR YOUR ELECTRONIC DEVICES TO ANY HARMFUL EFFECTS INCLUDING, BUT NOT LIMITED TO, VIRUSES, BUGS, SECURITY BREACHES, TAMPERING, FRAUD, COMPUTER OR NETWORK FAILURE OR MALFUNCTION, OR LOSS OF DATA. AZHA TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU ARE EXPOSED TO THROUGH AZHA AND YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE INACCURATE, INCOMPLETE, OFFENSIVE, ILLEGAL, MISLEADING, OR INAPPROPRIATE. BY ACCESSING AZHA YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION IN WHICH YOU USE AZHA.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AZHA AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS, AND OTHER AFFILIATED THIRD PARTIES WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS OR USE AZHA, THE CONDUCT OR CONTENT OF USERS OR THIRD PARTIES, OR UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, OR ANY OTHER CLAIMS OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ACCESSING OR USING AZHA. YOU RELEASE AZHA AND ITS PARTIES FROM ALL SUCH CLAIMS AND DAMAGES, KNOW AND UNKNOWN. EVEN IF AZHA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, YOU AGREE THAT IN NO EVENT WILL AZHA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR INJURIES EXCEED $100 UNITED STATES DOLLARS ($100.00).

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES, OR INJURIES ARISING FROM OR RELATED TO AZHA, YOU ARE NOT ENTITLED TO AN INJUNCTION PREVENTING EXPLOITATION OF ANY CONTENT OWNED OR CONTROLLED BY AZHA OR TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, OR OTHER USE OF ANY PROPERTY OR CONTENT OWNED OR CONTROLLED BY AZHA. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OR ALL EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. IN SUCH CASES, AZHA'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. YOU EXPRESSLY WAIVE CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 1542, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOW BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.


Indemnity

You agree to indemnify, defend, and hold harmless Azha and its directors, officers, employees, and affiliates from and against all damages, losses, charges, liabilities, and expenses - including reasonable legal fees and costs - related to any such claims. Indemnity includes, but is not limited to claims relating to: (a) your content, access to, or use of Azha; (b) other's content, access to, or use of Azha; (c) your breach or alleged breach of these Terms; (d) others' breach or alleged breach of these Terms.