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Terms of Service

EFFECTIVE DATE: APRIL 1, 2011

This terms of use agreement (the “Agreement”) sets forth the terms and conditions that apply to your access and use of services on the website located at www.aarki.com (“Aarki.com”), as owned and operated by Aarki, Inc. (“Aarki”). By using Aarki.com, you agree to be bound by the terms and conditions of this Agreement, as they may be amended from time to time in the future (see “Modifications” below).

  1. ACCEPTING THE TERMS

a. By using the software, information, features and functionality located on Aarki.com (referred to collectively as the “Service”), you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Aarki.com website) or you are a “Member” (which means that you have registered with Aarki.com and/or have executed a separate agreement with Aarki for the performance of certain services). The term “you” or “User” refers to a Visitor or a Member. The term “we” refers to Aarki.

b. If you wish to become a Member and make use of the Service, you must read and accept this Agreement. You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with Aarki.

c. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.

     2. PRIVACY POLICY

Aarki respects your privacy and permits you to control the treatment of your personal information. A complete statement of Aarki’s current privacy policy (the “Privacy Policy”) can be found by clicking here. The Privacy Policy is expressly incorporated into this Agreement by this reference and shall be deemed a part hereof.

     3. DESCRIPTION OF THE SERVICE AND SERVICES; FURTHER AGREEMENT

a. Aarki is constantly innovating to provide the best possible experience for you. You acknowledge and agree that the form and nature of the Service which Aarki provides may change from time to time.

b. The services provided by Aarki include serving as a network partner to mobile advertisers and publishers and aspiring mobile advertisers and publishers. Prior to Aarki performing such services on your behalf or for your benefit, you and Aarki shall execute a mutually acceptable written agreement setting forth the terms and conditions for the performance of such services, including without limitation the fee structure.

      4. YOUR REGISTRATION INFORMATION

a. You agree and understand that you are responsible for maintaining the confidentiality of your password and login information. That password and login information, together with any mobile number or other contact information you provide, form your “Registration Information.”

b. By providing us with your e-mail address, you agree to receive all required notices electronically to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.

c. If you become aware of any unauthorized use of your Registration Information, you agree to notify Aarki immediately at the email
address: contact@aarki.com.

     5. YOUR USE OF SERVICE

a. Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Service for purposes that are permitted by this Agreement and any applicable law, regulation or generally accepted practice or guidelines in the relevant jurisdictions.

b. You acknowledge and agree that Aarki reserves the right to contact you via e-mail or phone for the purpose of collecting feedback from you in connection with the improvement of the Service.

c. Your access and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of Aarki.com or other actions that Aarki, in its sole discretion, may elect to take.

      6. RIGHTS YOU GRANT TO US

By submitting information and data to Aarki through the Service, you give Aarki a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use and store any content which you submit, post or display on or through the Service. This license is for the sole purpose of enabling Aarki to provide the Service. By submitting this content to Aarki, you represent that you have all the rights, power and authority necessary to grant the above license, without any obligation by Aarki to pay any fees or other limitations.

  1. AARKI’S INTELLECTUAL PROPERTY RIGHTS

a. The contents of Aarki.com, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software and other material are protected under both United States and other applicable copyright, trademark, trade secret and other intellectual property laws. So long as you comply with this Agreement, Aarki grants to you a personal, limited, royalty-free, non-assignable and non-exclusive license to use the Service provided to you by Aarki. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by Aarki, in the manner permitted by the Agreement.

b. You may not copy, modify a derivative work of, reverse engineer or otherwise attempt to extract the source code of the Service or underlying software without our written consent.

c. Aarki and Aarki logo are registered trademarks of Aarki, Inc. You agree not to display or use, in any manner, the Aarki trademarks, without Aarki's prior permission.

     8. ACCESS AND INTERFERENCE
         You agree that you will not:

a. Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor Aarki.com or any portion of Aarki.com, without Aarki’s express written consent, which may be withheld in Aarki’s sole discretion;

b. Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search Aarki.com, other than any search engines and search agents available through the Service and other than generally available third-party web browsers;

c. Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of Aarki.com or the Service; or

d. Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of Aarki.com or the Service.

  1. RULES FOR POSTING
    As part of the Service, Aarki may allow Users to post content on bulletin boards, blogs and at various other publicly available locations on Aarki.com. These forums may be hosted by Aarki or by one of our third party service providers on Aarki’s behalf. You agree in posting content to follow certain rules. You are responsible for all content you submit to Aarki.com.

a. By submitting content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with Aarki.com and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your posted content through Aarki.com, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of Aarki.com and under this Agreement.

b. You may not post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate.

c. You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.

d. You may not interfere with other Users’ use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of Aarki.com, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.

e. Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are explicitly designated for such purpose.

f. You may not copy or use personal identifying or business contact information about other Users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Service are prohibited.

g. You agree that we may use any feedback, suggestions, or ideas you post in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant to us a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to us in any way.

  1. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
    1. THE CONTENT AND ALL SERVICE ASSOCIATED WITH AARKI.COM OR PROVIDED THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. AARKI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF AARKI.COM OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
    2. AARKI MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON AARKI.COM OR OF THE SERVICE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. AARKI MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
  2. E-MAIL DISCLAIMER

You understand and agree that any e-mail delivered to your through the Service may be delayed or prevented by a variety of factors. Aarki does its best to provide e-mails in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any e-mail. You also agree that Aarki shall not be liable for any delays, failure to deliver, or misdirected delivery of any e-mail; for any errors in the content of an e-mail delivered to you; or for any actions taken or not taken by you or any third party in reliance on an e-mail delivered to you.

  1. LIMITATIONS ON AARKI’S LIABILITY

AARKI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR CONTRACTORS SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER CAUSE OF ACTION, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST DATA, LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO AARKI.COM, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF AARKI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, AARKI’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00 (ONE HUNDRED UNITED STATES DOLLARS).

  1. YOUR INDEMNIFICATION OF AARKI

You shall defend, indemnify and hold harmless Aarki and its officers, directors, employees, agent, or contractors from and against any and all claims, damages, costs and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to your use of Aarki.com or the Service, or any breach of this Agreement by you.

  1. ENDING YOUR RELATIONSHIP WITH AARKI

a. This Agreement will continue to apply until terminated by either you or Aarki as set out below. If you want to terminate your legal agreement with Aarki, you may do so by closing your account for the Service.

b. Aarki may, at any time, terminate its legal agreement with you:

i. if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to, comply with the provisions of this Agreement);

ii. if Aarki in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or

iii. immediately upon notice, to the e-mail address provided by you as part of your Registration Information.

  1. MODIFICATIONS

Aarki may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on Aarki.com. In addition, the Agreement will indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.

  1. GOVERNING LAW AND FORUM FOR DISPUTES

a. This Agreement, and your relationship with Aarki under this Agreement, shall be governed by the laws of the State of California without regard to its conflict or choice of laws provisions. Any dispute with Aarki, or its officers, directors, employees, agents or contractors arising under or in relation to this Agreement shall be resolved exclusively through the Superior Court of California within the county of Santa Clara, California, except with respect to imminent harm requiring temporary or preliminary injunctive relief, in which case Aarki may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Aarki is able to offer the Service at the terms designated, without charge to you (other than charges to which you may agree separately in a written agreement by and between you and Aarki for the provision of certain services), and that your assent to this provision is an indispensable consideration to this Agreement.

b. You also acknowledge and understand that, with respect to any dispute with Aarki, its officers, directors, employees, agents or contractors arising out of or relating to your use of the Service or this Agreement:

i. YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and

ii. YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

     17. MISCELLANEOUS

a. If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

b. You agree that if Aarki does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Aarki has the benefit of under any applicable law), this will not be taken to be a formal waiver of Aarki’s rights and that those rights or remedies will still be available to Aarki.

c. All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.

d. This Agreement represents the entire understanding and agreement between you and Aarki regarding the subject matter of the same, and supersedes all other previous agreements.

e. In the event that any provision of this Agreement conflicts with any provision of any written agreement by and between you and Aarki for the performance of certain services, then such conflicting provision of this Agreement shall not apply only to the extent that it is in conflict with such other written agreement.

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