1. YOUR ACCEPTANCE
In order to use the Services provided by or submit Personal Information to this Site, you must also separately indicate your agreement and consent to our collection, use and processing of your Personal Information as defined by the General Data Protection Regulation (“GDPR”).
Eligibility Requirements. The Site is offered and available to users 18 years of age or older. If you are under 18, your parent or guardian must enter into the Agreement on your behalf and you must use the Site with your parent or guardian.
By clicking “Accept”, you represent and warrant that you meet the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Site.
By clicking “Accept” and entering into the Agreement, you acknowledge and agree (a) that it is your responsibility to read the most current form these Terms of Services before using the Site to ensure that you agree to any changes made; (b) the standard for notice of changes to these Terms of Service are reasonable; and (c) to be bound by any modifications to these Terms of Services prior to your continued use of the Site.
3. WEBSITE CONTENT AND USE
Site Content. Unless otherwise noted, the Site, all of the information, content, services and software displayed on, transmitted through, or used in connection with the Site, including, but not limited to, text, images, articles, opinions, reviews, images, illustrations, photographs, videos, audio clips, advertising, scripts, software, data compilations, and related materials, as well as their arrangement and the Site’s “look and feel” (collectively, “Content”) are protected under applicable copyright, trademark and other proprietary and intellectual property laws, and belong to AQTION, our licensors, suppliers, rightsholders, or other content providers. The copying, rearrangement, redistribution, modification, use or publication by you in any medium, directly or indirectly, except as set forth in these Terms and Conditions is strictly prohibited.
The domain, aqtion.io and the logo, and any AQTION service marks or trademarks are the property of AQTION. AQTION’s domain, logo and service mark may not be used in manner unless approved in advance, in writing by AQTION.
If you wish to use of the Site other than as set out in this section, please address your request to firstname.lastname@example.org.
Site Access. In AQTION’s sole discretion, we reserve the right to remove or change the Site and/or the Content available on it, at any time and without notice. We will not be liable for any such changes, nor if all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to registered users (discussed below).
Intellectual Property Complaints. AQTION respects the intellectual property of others, and reserves the right to terminate your access to the Site if, in connection with your use of the Site, you act in a manner that violates intellectual property rights associated with this Site.
If you choose, or are provided with, a user name, password, or any other identifying information as part of our security procedures, you must treat such information as confidential and not disclose anyone. You also acknowledge that your registered account is personal to you and agree not to provide any other person with access to the Site through the use of your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password, or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. Please use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other Personal Information.
4. PROHIBITED USES
You agree not to use the Site:
(a) For any unlawful purpose of in violation or any applicable law;
(b) To send or transmit any advertising or promotional material [without our prior written consent], including any “junk mail”, “chain letter”, “mass mailings” or any form of “spam” or unsolicited commercial electronic messages, and any other commercial, political or religious solicitation or campaigning;
(c) To impersonate AQTION, any AQTION representative, or any other person or entity;
(d) In a way that could disable, overburden, damage, or impair the Site, interfere with the ability of others to use the Site, or that may, as determined by us, harm AQTION or users; and
(e) Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights.
In addition, you agree not to:
(a) Create a false identity on the Site, misrepresent your identity, or use or attempt to use another’s account;
(b) Imply or state that you are affiliated with or endorsed AQTION without our express, written consent;
(c) Use any automatic device, software, process, routine or means (i) to access the Site for any purpose, including monitoring or copying any content from the Site or for any unauthorized purpose; and/or or (ii) that interferes with the proper working of the Site;
(d) Introduce any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful code;
(e) Attempt to gain unauthorized access to, interfere with, violate the security of, damage, or disrupt any part of the Site, any system resources, accounts, passwords, the server on which the Site is stored, or any server, computer, database or other website connected to or accessible through the Site;
(f) Attack the Site or otherwise attempt to interfere with its functionality; and
(g) Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Site or the Content on it, without AQTION’s written, advance consent.
5. WEBSITE SECURITY RULES.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for You or logging into a server or account which You are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing”, or (d) forging any TCP/IP packet header or any part of the header information in any e-mail, forum, or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
6. THIRD PARTY CONTENT
The Site may publish or distribute Content supplied by third-party providers such as designers, contributors, users, reporting services, third-party licensors and software companies (collectively “Third Party Providers”). Responsibility for the accuracy and completeness of such Content lies solely with those Third Party Providers and is not guaranteed by AQTION. Any opinions, advice, answers, statements, services, offers, or other information or Content supplied by Third Party Providers are solely those of the Third Party Provider supplying such Content. Third Party Content does not necessarily reflect AQTION’s opinion.
AQTION is not the publisher of information supplied by Third Party Providers, and is therefore not liable for any delays, inaccuracies, errors or omissions in such Content. Given the volume of information posted by Third Party Providers, AQTION cannot and does not monitor all of the information posted to the Site and assumes no duty to monitor the Site for inappropriate or inaccurate Content. AQTION, our affiliates, employees and/or representatives shall not be liable to any user or anyone else for claims of defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, fraud or misrepresentation arising from such Content. Notwithstanding, AQTION reserves the right to remove information provided by other Third Party Providers at any time in our sole discretion.
7. COOPERATION WITH GOVERNMENT AUTHORITIES.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity and other information of anyone who posts Content on or through the Site.
YOU WAIVE AND HOLD HARMLESS AQTION AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS, AND OUR RESPECTIVE EMPLOYEES, OWNERS AND AGENTS, FROM ANY CLAIMS RESULTING FROM ANY ACTION BY AQTION OR ANY OF THE FOREGOING PARTIES DURING, OR AS A CONSEQUENCE OF, INVESTIGATIONS BY AQTION, SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.
8. RELIANCE ON INFORMATION POSTED.
The information presented on or through the Site is made available solely for general information purposes. In describing a product or service, and/or presenting information, AQTION attempts to be as accurate as possible. However, we do not warrant the usefulness or accuracy of such information, or that it is complete, reliable, current, or error-free. Any reliance you place on such information is strictly at your own risk.
9. LINKS TO OTHER WEBSITES
The Site may include links other websites that are not owned or operated by AQTION or under AQTION’s control (each a “Third Party Website”). These links are for your convenience and for informational purposes. AQTION does not endorse, recommend, approve, guarantee, warrant or recommend any Third Party Website, or any information, materials, products, or services contained on or available through such Third Party Website unless we expressly state otherwise.
Although AQTION endeavors to select only reputable Third Party Websites and sources of information, AQTION is not responsible for the content, accuracy, trustworthiness, privacy or security of any Third-Party Website, or for any software available on Third Party Website. AQTION is also not responsible for examining or evaluating the content of, or the products or services offered by or through, Third Party Websites.
Links to a Third Party Website are offered on an “as is” basis. You use or follow these links at your own risk. AQTION is not responsible for any damages or losses incurred arising from or related to your use of a link, or as a consequence of downloading any software available through a Third Party Website.
If you purchase any products or services offered on a Third Party Website, your purchase is directly from the operator and/or owner of that site. AQTION is not a party to any agreement entered into by you and the owner or operator of a Third Party Website, and is not liable for the failure of any products or services offered on any such site. AQTION does not assume any responsibility or liability for the actions, product, and content of any third parties.
10. INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE.
11. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, AQTION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE WITH RESPECT TO THE WEBSITE, INTERACTIVE SERVICES, HYPERLINKS, AND/OR THE SERVICES, PRODUCTS (INCLUDING SOFTWARE) MADE AVAILABLE THROUGH THE WEBSITE OR OTHERWISE BY OR THROUGH AQTION.
AQTION DOES NOT WARRANT AND MAKES NO REPRESENTATION AS TO THE SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE, INTERACTIVE SERVICES, AND HYPERLINKS, OR THE SERVICES, PRODUCTS (INCLUDING SOFTWARE), AND OTHER WEBSITES MADE AVAILABLE TO YOU THROUGH THE WEBSITE. WITHOUT LIMITING THE FOREGOING, AQTION DOES NOT WARRANT THAT THE WEBSITE, AQTION’S SERVERS, ELECTRONIC COMMUNICATIONS SENT FROM AQTION OR THROUGH THE WEBSITE, OR SOFTWARE MADE AVAILABLE THROUGH THE WEBSITE WILL BE ERROR-FREE, UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THEY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AQTION, ITS EMPLOYEES, AGENTS, OFFICERS, OWNERS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE WEBSITE, INTERACTIVE SERVICES, LINKS, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER LINKED WEBSITES, OR FROM ANY SERVICES OR PRODUCTS (INCLUDING SOFTWARE) INCLUDED OR REFERRED TO ON THE WEBSITE OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, OR SUCH OTHER LINKED WEBSITES, INCLUDING, BUT NOT LIMITED TO
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY OTHER LOSSES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, EMOTIONAL DISTRESS, LOST PROFITS, LOSS OF BUSINESS OR GOODWILL AND DATA LOSS, EVEN IF FORESEEABLE.
WITHOUT LIMITING THE FOREGOING, BUT IN THE INTEREST OF CLARITY, AQTION WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A COMPUTER VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIALS THAT MAY INFECT YOUR COMPUTER SYSTEM, SOFTWARE PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
Any dispute or claim you may assert or have against AQTION arising from or relating in any way to your use of the Site, Interactive Services, links, other websites linked to the Site, and/or products or services made available through the Site, will be resolved by binding arbitration, rather than in court. You agree that the laws of Nevada, United States apply to this Agreement, without regard to principles of conflict of laws. The arbitration will be administered by the Courts in Nevada under its rules, unless you and AQTION otherwise agree, in writing.
THERE IS NO JUDGE OR JURY IN ARBITRATION. In arbitration, the parties chose a neutral third-party, the arbitrator, who will decide the merits of the dispute. If the parties cannot agree on arbitrator, the courts will appoint an arbitrator. An arbitrator is able to award the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the term of this Agreement 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.
Your right to access and use the Site immediately terminates without further notice upon your breach of this Agreement. AQTION may terminate this Agreement and/or your right to use the Site at any time, with or without cause. Sections 4 (Prohibited Uses), 5 (Website Security Rules), 6 (Third Party Content)), 8 (Reliance on Information Posted), 10 (Information About You and Your Visits), 11 (Disclaimers of Warranties and Limitation on Liability), 12 (Indemnification), 13 (Disputes), 17 (Waiver of Breach), and 20 (Invalidity) of this Agreement survive the expiration or termination of this Agreement for any reason whatsoever. AQTION reserves the right to discontinue the Site at any time.
16. ASSIGNMENT: We may assign this Agreement, in whole or in part, in its sole discretion. You may not assign your rights under this Agreement without AQTION’s prior written permission. Any attempt by you to assign your rights under this Agreement without AQTION’s permission shall be void.
17. WAIVER OF BREACH: Any failure to enforce any term or provision of this Agreement shall not be deemed a waiver of that or any other breach of that or any other term or provision of this Agreement. In addition, any failure to enforce any term or provision of this Agreement shall not constitute a waiver of a future breach of that or any other term or provision of this Agreement.
18. NOTICE: AQTION may deliver notice to you under this Agreement by means of electronic mail, a general notice on www.aqtion.io, or by written communication delivered by first class U. S. mail to your address on record with us, if any. Other than for purposes of Section 1.7 (Intellectual Property Complaints), you may give notice to AQTION at any time via electronic mail by letter delivered by first class postage prepaid U. S. mail or overnight courier to the following address:
1 boulevard Princess Charlotte,
19. HEADINGS: The headings of articles and sections contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
20. INVALIDITY: If any provision of this Agreement shall be held, be deemed or shall in fact be, invalid, inoperative or unenforceable as applied to any particular case or circumstance because of the conflicts of any provision with any law, regulation, ordinance or for any other reason, that provision or provisions (a) shall be reformed so that it would be valid, operative and enforceable to the maximum extent permitted in such circumstances or case, and shall not affect the validity and enforceability of any remaining terms; and (b) shall not be invalid, inoperative or unenforceable in any other case or circumstance.
General Data Protection Regulation (“GDPR”) Consent Addendum
Accordingly, in order for you to register with us and use the Site, you hereby acknowledge and agree that to the use, collection and processing of your Personal Information provided to us or to our data processor. This double opt-in serves as confirmation of your acknowledgement and consent to our collection, use and processing of your Personal Information as defined in the
How We Use Your Personal Information
Market our products and services to you that we believe may be of interest to you. For example, we allow advertisers to choose the characteristics of users who will see their advertisements and we may use the attributes we have collected to select the appropriate audience for those advertisements;
Respond to your requests, resolve disputes and/or troubleshoot problems;
Improve the quality of the Site and the Services; and
Communicate with you about the Site and the Services.
We may also use your Personal Information to create Anonymous Information records by excluding information that makes the information personally identifiable to you.
Right to Withdraw
If you reside in, or are a citizen of a Designated Country (as defined above), you have the right to withdraw your consent at any time; provided that if such consent interferes with or causes us to violate a contract involving you, you agree to indemnify us for any damage or financial penalty incurred as a result of the withdrawal of our consent.
Right to Access
You have the right to access the Personal Information that we may hold about you and the purposes for which we are using it. We may ask for proof of your identity. On receipt of such a request, we will endeavor to respond to you as soon as possible, at most within one calendar month.
Right to Rectification
You have the right to request that we amend any Personal Information which is incorrect or requires updating.
You have the right to request that we delete any Personal Information pertaining to you. We will assess any deletion request on a case by case basis and will endeavor to respond to you as soon as possible, at most within one calendar month. If you have authored any content on the Site, and would like this to be deleted, please let us know.
If you would like to exercise any of these rights or are concerned with the manner in which we have collected or used your Personal Information, please contact us at the following address and provide the the following details:
Aqtion , Inc.
1 boulevard Princess Charlotte,
How We Use Your Information and Data
We will use your Personal Information (insofar as it is regulated by the GDPR – General Data Protection Regulation) to conduct our business, specifically: pre-market and marketing of the aQtion services , relevant news, reference content, applications, sponsored programs, advertising, email communications, relevant events and conferences and discussion forums.
We may need to share your data when we believe it is required by law or to help protect the rights and safety of you, us or others.
It is possible that we will need to disclose information about you when required by law, subpoena, or other legal process or if we have a good faith belief that disclosure is reasonably necessary to (1) investigate, prevent, or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (2) enforce our agreements with you, (3) investigate and defend ourselves against any third-party claims or allegations, We will attempt to notify you about legal demands for your Personal Information when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge every demand.