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TermsWelcome to Darasani.com, a website and online service owned and operated by AKIBA INVESTMENTS COMPANY. ("Darasani" "we," or "us") and its subsidiary companies established across the Americas, Europe and Africa serving a Global audience in facilitating the delivery of real time information amongst peers, mentors and their protégé.
Use of Our ServiceDarasani provides a place for people to communicate with Role Models, Trainers, Mentors, Lecturers, Teachers, Tutors, Protégé and Peers in real time.
Darasani grants you permission to use the Service as set forth in this Agreement, provided that:
- You will not copy, distribute, or disclose any part of the Service in any medium;
- You will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose;
- You will otherwise comply with the terms and conditions of this Agreement.
You may never use another Member’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Darasani immediately of any breach of security or unauthorized use of your account. Although Darasani will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of Darasani or others due to such unauthorized use.
You may use your Account Settings to control your Member Profile. By providing Darasani your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You may use your Notifications Settings to opt out of many Service-related communications. We may also use your email address to send you other messages, including changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out by changing the preferences in your Notifications Settings. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Service in a manner that sends more request messages to the Darasani servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser. You agree neither to collect or harvest any personally identifiable information, including account names, from the Service nor to use the communication systems provided by the Service for any commercial solicitation purposes. You agree not to use any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages.
Darasani may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability, if, in the company’s sole determination, you violate any of the Agreement, including the following prohibited actions:
- Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
- Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
- Uploading invalid data, viruses, worms, or other software agents through the Service;
- Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
- Interfering with the proper working of the Service; or, bypassing the measures we may use to prevent or restrict access to the Service, including, but not limited to, registering for the Service with a non-Network email address. Upon termination for any reason, you continue to be bound by this Agreement.
If you learn that a User is not authorized to be a Member of a Network or is otherwise violating this Agreement, we encourage you to visit such User's Member profile page and follow the "click here" link under the Admin section to notify us. You agree you will not accuse any User of being unauthorized or of violating this Agreement unless you have actual knowledge.
Use of Our ServiceSome areas of the Service may allow Users to post feedback, comments, questions, data, and other information (“User Content”). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, “post”) on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.
By utilizing the Service, you agree to have the domain portion of your email address (“@yourschool.com”) and/or the company, school, or organization name represented by such domain portion of your email address, listed on the Darasani website in a company directory listing (“Directory”). Customers (as defined below) who do not want to be included in such published Directory may send a written request to Support@Darasani.com to remove their company, school, or organization name from the Directory.
You agree not to post User Content that:
- May create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
- May create a risk of any other loss or damage to any person or property;
- May constitute or contribute to a crime or tort;
- contains any information or content that is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable;
- contains any information or content that is illegal;
- Contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
- Contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below), rights of publicity and privacy. You understand that publishing your User Content on the Service is not a substitute for registering it with any International Copyright Office, the Writer’s Guild of America, or any other rights organization.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
Darasani takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. Darasani is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that Darasani shall not be liable for any damages you allege to incur as a result of such User Content.
You are solely responsible for your interactions with other Darasani Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.
GeneralEach Darasa may have one or more individuals who are responsible for overseeing the use of and monitoring the content posted to, such Darasa (the “Darasa Creator”). Darasa’s may exist on the Service absent a Darasa Creator; in such case Users are responsible for conducting themselves in accordance with this Agreement.
From time to time, Users may be asked to confirm their account on the Darasa via an email message containing a hyperlink to the User’s Darasa email address. If such account is not reconfirmed, the account is removed. In addition users who have commenced the registration but have not confirmed their account will be deleted after exactly one week. Once a User is removed from a Darasa, the content of that User remains on the Darasa and is the sole property of the company.
Users belonging to an Institution should follow their particular company’s policies, guidelines, and procedures concerning the Content they post to the Service. Users may delete their own User Content from the Darasa, so long as they are a Member of that Darasa. Darasa Creators may delete the User Content of one or more Users in their Darasa.
GroupsIndividual Users may form a group to segment the audience for certain User Content (“Group”). Each Group may have one or more administrators (the “Group Administrator”). A Group may be designated as open to any User in a Darasa (a “Public Group”) or a Group may be limited to certain Users in a Darasa with membership subject to the approval of the Group Administrator (a “Private Group”). A Group Administrator may add or remove Users to that particular Group. Though Users may establish a Private Group, User Content posted within a Private Group on a Darasa is owned by that Darasa.
GeneralUsers may opt in to receive regular short message service (“SMS”) alerts of new Darasani content through mobile telephone device carriers that may be supported via Darasani SMS. You may receive help for SMS content delivery via SMS by text messaging “SUPPORT” to Darasani at XXXX, or by contacting Darasani customer support at email@example.com. There is no fee charged by Darasani for Users to receive text messages. Standard text messaging rates and other charges from a User’s carrier may apply.
Opt-in/Opt-outUsers may elect to receive SMS alerts of new Darasani Content. To opt-in to SMS updates, you will sign up on the web at Darasani.com, register your mobile device, and receive a PIN number to your registered mobile device. After receipt of the PIN, you will then enter the PIN on the Darasani website to receive SMS alerts. When you register to receive the mobile alerts, you warrant that you are the legal own of the mobile device which you registered to receive mobile alerts messages and that you are authorized to incur any charges that may result from receiving mobile alert messages.
You may discontinue receipt of mobile alert messages by text messaging “STOP” or “QUIT” to Darasani short code XXXX. You may also opt-out of SMS alerts at the Darasani website by changing your preferences in your Mobile Settings.
Text Message Content and DeliveryDarasani forwards the information that you have requested in the form of text messages from our partners. Darasani is not responsible for the contents of any information that is sent to your mobile device, since it is not the originator of this content. Darasani can make no representations or warranties as to the accuracy or reliability of the contents and accuracy of that information.
Darasani does not warrant that the text messaging service will be uninterrupted or error free. We shall not be liable for any delay in performing or failure to perform any obligation hereunder by circumstances beyond our reasonable control including (without limitation) any technical problems beyond the control of Darasani such as (for example) defects, congestion or failures of capacity or otherwise in the public data or telephone or mobile carrier Darasa or caused by atmospheric interference, your mobile device being turned off for an extended period of time so that messages are not retained, or your being unable to obtain mobile Darasa coverage.
License GrantSubject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Service. Darasani reserves all rights not expressly granted herein in the Service and the Darasani Content (as defined below). Darasani may terminate this license at any time for any reason or no reason.
Our Proprietary RightsExcept for your User Content, the Service and its materials, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the "Darasani Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Darasani and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Darasani Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Darasani under any fiduciary or other obligation, that we are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the Ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, Darasani does not waive any rights to use similar or related ideas previously known to Darasani, or developed by its employees, or obtained from sources other than you.
EligibilityThis Service is intended solely for Users who are thirteen (13) years of age or older, and any registration, use or access to the Service by anyone under 13 is unauthorized, unlicensed, and in violation of this Agreement. Darasani may terminate your account, delete any content or information that you have posted on the Service, and/or prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service) for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 13. If you are under 18 years of age you may use the Service only if you either are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
SecurityWe have implemented commercially reasonable technical and organizational measures designed to secure your personal information and User Content from accidental loss and from unauthorized access, use, alteration or disclosure. Details about such measures are available here. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information and User Content for improper purposes. You acknowledge that you provide your personal information at your own risk.
Additional Representations and WarrantiesYou shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following:
- You are at least 18 years of age, or if you are under 18 years of age you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
- You have the written consent of each and every identifiable natural person in your Darasa to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
- Your User Content and Darasani's use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.
IndemnityYou agree to defend, indemnify and hold harmless DARASANI and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
- your use of and access to the Service, including any data or work transmitted or received by you;
- your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above;
- your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights;
- your violation of any law, rule or regulation of the United States or any other country;
- Any claim for damages that arise as a result of any of your User Content or any that are submitted via your account; or
- Any other party’s access and use of the Service with your unique username, password or other appropriate security code.
No WarrantyTHE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, DARASANI, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT;
THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
DARASANI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE DARASANI SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DARASANI WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of LiabilityTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DARASANI, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL DARASANI BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DARASANI ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL DARASANI, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO DARASANI HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF DARASANI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled and operated from its facilities in the United States. Darasani makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the U.S.
AssignmentThis Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Darasani without restriction.
GeneralA. Governing Law. You agree that:
- the Service shall be deemed solely based in California; and
- the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Darasani, either specific or general, in jurisdictions other than California.
B. Notification Procedures. Darasani may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Darasani in our sole discretion. Darasani reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.
C. Entire Agreement/Severability. This Agreement, together with any other legal notices and agreements published by Darasani via the Service, shall constitute the entire agreement between you and Darasani concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
D. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Darasani's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please Contact us at Support with any questions regarding this Agreement.
Billing TermsA Darasa Creator has access to the features available here. Such tools are available for a monthly license fee based on the number of users in that Darasa per month.
If there is one Darasa Creator for a Darasa, such person will be responsible for payment of any fees due for such Darasa. If there is more than one Darasa Creator for a Darasa, the initial Darasa Creator will be the billing party of record (the "Customer") unless otherwise changed.
The Customer agrees to pay for all products ordered through the Darasani web site using the payment method indicated, and provides Darasani express authorization to charge said fees to the Customer's payment provider at time of purchase. Fees owed depend on the quantity of Darasa Users per month. Payment of fees shall not be contingent on any events other than the quantity of Darasa Users per month, unless otherwise agreed in writing by both parties. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customer. If payment is not current, Darasani may immediately cease to provide any and all services to the customer. The fees paid for monthly Darasa usage are non-refundable, regardless of whether the Claimed Darasa is terminated prior to the end of the then-current monthly billing period.
Charges will automatically renew using the Customer's current credit card account number unless Customer cancels their Darasa Administration by email to firstname.lastname@example.org three (3) days prior to the renewal date to cancel such subscription. All cancellation requests will be processed within five (5) business days. Once the cancellation is processed, a confirmation email will be sent via the customer's email account on record with Darasani. If Customer has a question about a cancellation, Customer should contact Darasani at email@example.com. The Company reserves the right to change its fees or billing methods at any time. The Company will provide timely notice to the affected Customers of any such changes.
It is the Customer's responsibility to promptly provide the Company with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Account updates should be made online via the "My Account" tab within the "Administrator" section, once Customer has logged into www.Darasani.com. Darasani does not validate all credit card information required by the Customer's payment provider to secure payment.
The Customer must notify Darasani about any billing problems or discrepancies within 90 days after charges first appear on their Account statement. If it is not brought to Darasani's attention within 90 days, Customer agrees to waive their right to dispute such problems or discrepancies.