TERMS AND CONDITIONS
By using this website you agree to following terms and conditions:
The terms “We” and “Us” refer to AAIway Incorporation, a Georgia, USA corporation doing business as AAIWay Inc.
Acceptance of the AAIWay Terms
- Your access to AAIWay is subject to these Terms. We reserve the right to update and change these Terms from time to time without notice or acceptance by You, although if we decide to materially change all or part of the Terms, we will send You a notification through the AAIWay site. Such modified Terms will become effective upon the earlier of (i) Your continued use of AAIWay after We send a notification to You through the AAIWay site; or (ii) thirty (30) days from publication of such modified Terms on this page.
Account Information; Access.
- AAIWay is not available to persons under the age of thirteen (13) or to anyone suspended or removed from AAIWay. By using AAIWay, You represent and warrant that You are at least thirteen (13) years of age and that You are of legal age to form a binding contract in Your place of residence, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
- We reserve the right to refuse registration of, or cancel, any AAIWay Account or access to AAIWay by anyone in Our reasonable discretion, at any time.
- AAIWay Accounts will be accessed through a username and password that You will create (Your “Credentials”). Your Credentials are solely for Your use and must not be shared. Each AAIWay online community (each “Hacker”), needs to have his or her own AAIWay provided Account and Credentials. You agree that Your Credentials and information You provide upon registration of Your AAIWay Account and at all other times will be true, accurate, current, and complete. You are responsible for maintaining the confidentiality of Credential, and for all activities that occur under Your AAIWay Account. You agree to immediately notify Us of any unauthorized use of Your AAIWay Account, Credentials, or any other breach of security. You agree that We will not be liable for any loss or damage arising from Your failure to provide Us with accurate information or to keep Your Credentials secure.
- AAIWay provides certain features which enable Hackers to submit, post, and share data, text, software, graphics, messages or other material (“Content”). Content that Hackers submit, post or share is subject to Terms. Content that You own and post on or through AAIWay belongs to You and You may use it in any way, except as prohibited by applicable law or regulations. By using AAIWay, You are granting Us permission to use the Content as described in these Terms.
- By using AAIWay You are granting Us a nonexclusive, worldwide, royaltyfree, fully paidup, sublicenseable, irrevocable and transferable right and license to use, host, store, reproduce, create derivative works of, distribute, modify, display, and communicate Your Content. If You post Content on or through AAIWay, You represent and warrant that You have the right to post the Content and to grant the above rights to Us. This license continues even if You terminate Your AAIWay Account and/or stop using AAIWay.
- You understand that by posting Your Content that You are responsible for Your Content and any Content that You create, transmit or display while using AAIWay, and for any consequences thereof. You further agree that under no circumstances will We be liable for the errors or omissions associated with Your Content. You represent and agree to all of the following and acknowledge . We are explicitly relying on such representations and agreement with regard to Your Content and use of Content made available on AAIWay:
- The Content represents Your own original work and/or You have all necessary rights to disclose the Content. In doing so, You are not violating the rights of any third party and You know of no other individual or entity whose rights will be infringed or violated by the Content being viewed and used as described in these Terms.
- You agree to use AAIWay only for purposes that are legal, proper and in accordance with these Terms. Your disclosure of Your Content does not violate a confidential relationship with any third party or establish a confidential relationship Us.
- You understand that You are responsible for Your Content that You upload, post, email, transmit, or otherwise make available through AAIWay. Except as permitted in these Terms, You do not have the rights to use, reproduce, create derivative works of, distribute, publicly perform or publicly display any Content that does not belong to You, other than viewing of Content or the associated Challenges on or through the AAIWay.
- We cannot and need not control all Content posted by Hackers on or through AAIWay, and We do not guarantee the accuracy, integrity or quality of such Content. You agree that under no circumstances will We be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of Your use of any Content. You understand that You must evaluate and bear all risks associated with the use of any Content, including any reliance on the Content, integrity, and accuracy of such Content. We do not endorse and are not responsible for the accuracy, usefulness, safety, or of or relating to Content. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST US WITH RESPECT THERETO.
- We reserve the right, in Our reasonable discretion, to refuse certain Content to be uploaded to and/or hosted by AAIWay, or to edit or remove any Content at any time with or without notice. Without limiting the generality of the preceding sentence, We comply with the Digital Millennium Copyright Act, and will remove Content upon receipt of a compliant takedown notice (see the “Copyright Infringement” section below).
- You are solely responsible for Your Content and the consequences of posting or publishing it. In connection with Your Content, You affirm, represent, and warrant that: (i) You own, or have the necessary licenses, rights, consents, and permissions to use and authorize Us to use all patent, trademark, copyright, or other proprietary rights in and to Your Content to enable inclusion and use of Your Content in the manner contemplated by these Terms, and to grant the rights and license set forth above, and (ii) Your Content, Our use of Your Content pursuant to these Terms, and exercise of the license rights set forth above, do not and will not:
- infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, Privacy Right, right of publicity, or any other intellectual property or proprietary right;
- slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any other person;
- violate any applicable law or regulation; or
- require obtaining a license from or paying fees or royalties to any third party for the exercise of any rights granted in these Terms, including, by way of example and not limitation, the payment of any royalties to any copyright owners, including any royalties to any agency, collection society, or other entity that administers such rights on behalf of others.
- If You provide Us with any comments, bug reports, feedback, or modifications proposed or suggested by You (“Feedback”), We shall have the right to use such Feedback at Our discretion, including, but not limited to the incorporation of such suggested changes into AAIWay and/or our other products and services. You hereby grant to Us a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use Your Feedback for any purpose.
Code of Conduct.
- We have the right, but not the obligation, to remove or block Content from AAIWay that We determine in Our reasonable discretion to be in violation of these Terms, to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, that violates any party’s intellectual property or that is detrimental to the quality or intended spirit of AAIWay. We also have the right, but not the obligation, to limit or revoke the use privileges of the AAIWay Account of any Hacker who posts such Content or engages in such behavior.
- You alone are responsible for Your interaction with other Hackers via AAIWay. If You have a dispute with one or more Hackers or if You disagree with the results of a Challenge, Your sole remedy is to cease using AAIWay. You irrevocably and forever release Us (and Our officers, directors, agents, subsidiaries, contractors, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
- We do not permit copyright infringing activities through AAIWay and We reserve the right to terminate access to AAIWay and remove all content submitted by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity may be grounds for termination of Your use of AAIWay and may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies We may have at law or in equity.
- We will use common business sense regarding behavior or Content allowed on or through AAIWay. Examples of unacceptable Content or behavior include:
- Abuse, harassment, threats, flaming or intimidation of any person or organization.
- Uploading or sending pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate Content.
- Uploading copyrighted material that is not Your own or that You do not have the legal right to distribute, display, and otherwise make available to others.
- Making unsolicited offers, advertisements, proposals, or sending junk mail (aka spam)
- Impersonating another person or pretending to be affiliated with an organization with which You are not affiliated or misrepresenting the extent of Your affiliated or role with an affiliated organization or the source, identity or Content transmitted.
- Engaging in or contributing to any illegal activity or activity that violates others’ rights.
- Use of derogatory, discriminatory or excessively graphic language.
- Transmitting worms, viruses or harmful software.
- Disclosing the personal or proprietary information of another person or organization not otherwise permitted by applicable rules or law.
- Sharing AAIWay Accounts or Credentials with any third party or encouraging any other Hacker to do so.
- AAIWay is hosted in the United States. If You use AAIWay from outside the United States, You acknowledge that You are voluntarily transferring information, including personally identifiable information and Content to the United States and that You agree that Our collection, use, storage and sharing of Your information and Content is exclusively subject to the laws of the United States and not of the jurisdiction where You are located.
- You agree that You will comply with all United States laws, rules regulations applicable to the export of products, services, software and technical data regardless of the jurisdiction in which You are located.
- We, in Our reasonable discretion may terminate Your AAIWay Account and/or Credentials and remove and discard any Content within AAIWay if We believe that You have violated or acted inconsistently with the letter and spirit of these Terms.
- You may terminate Your AAIWay Account and Your right to use AAIWay at any time and for any reason or no reason, by contacting User support at team@AAIWay.com. However, if You have a separate agreement with us which has conflicting terms regarding termination, those terms shall take precedence.
- After cancellation or termination of Your AAIWay Account for any reason, You will no longer have access to Your AAIWay Account and all information and Content in Your AAIWay Account or that You have stored on AAIWay may be, but is not required to be deleted by Us. We will have no liability for information or Content that is deleted due to the cancellation or termination of Your AAIWay Account for any reason.
Policies Regarding Copyright.
- If You believe that any content available through AAIWay infringes Your copyright, You may submit a notification pursuant to the United States’ Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with information by going to dmca.
Ownership; Proprietary Rights.
- AAIWay is owned and operated AAIWay Incorporated. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of AAIWay provided by AAIWay (“Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any third party content or Content uploaded by You, all Materials are the copyrighted property of AAIWay or its subsidiaries or affiliated companies and/or third party licensors. All trademarks, service marks, and trade names are proprietary to AAIWay or its affiliates and/or third party licensors. Except as expressly authorized by AAIWay, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
Third Party Websites and Services.
- AAIWay may include links to third party web sites or services (“Linked Sites”) solely as a convenience. We do not endorse any such Linked Sites or the information, material, products, or services contained on other Linked Sites or accessible through other Linked Sites. Furthermore, We make no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. Access and use of Linked Sites, including the information, material, products, and services on Linked Sites or available through Linked Sites, is solely at Your own risk.
Disclaimers/ No Warranties. Limitation of Liability
- EXCEPT AS MAY BE SET FORTH IN ANY SEPARATE SIGNED AGREEMENT BY AAIWAY AND YOU, AAIWAY IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, AS TO THE OPERATION OF AAIWAY, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON AAIWAY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, AAIWAY AND ITS AFFILIATES, IF ANY, DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. FURTHER, AAIWAY AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER INFORMATION CONTAINED IN AAIWAY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. EXCEPT AS MAY BE SET FORTH IN ANY EPARATE SIGNED AGREEMENT BETWEEN AAIWAY AND A YOU, AAIWAY DOES NOT WARRANT THAT AAIWAY WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT AAIWAY IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AAIWAY OR AAIWAY SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
- EXCEPT AS MAY BE SET FORTH IN ANY SEPARATELY SIGNED AGREEMENT BETWEEN AAIWAY AND YOU, NEITHER AAIWAY NOR ITS AFFILIATES WILL BE LIABLE, UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS OR, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AAIWay’s MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO AAIWAY FOR AAIWAY IN THE SIX (6) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) ONE HUNDRED DOLLARS ($100.00).
- You agree to indemnify and hold AAIWay Incorporation, its affiliated companies, suppliers, partners, officers, contractors and employees harmless from any claim or demand made by any third party due to or arising out of (i) Your actions in using AAIWay, (ii) a claim that You, or any third party using Your Credentials, infringed any intellectual property or other right of any person or organization using AAIWay, or (iii) the violation of these Terms by You or any third party using Your Credentials. AAIWay reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us, and You agree to cooperate with Our defense of these claims. This indemnity shall not apply if a third party uses Your Credentials due to an act or omission of AAIway.
- These Terms will remain in full force and effect while You use AAIWay. Those terms that can continue to operate after You stop using AAIWay (including without limitation Your Content license to Us and the general terms in this Section), will survive after You stop using AAIWay.
- You agree that regardless of any statute of law to the contrary or any claim or cause of action arising out of or related to use of AAIWay or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- You agree that We may provide You with notices, including those regarding changes to these Terms, via notification through AAIWay’s notification functionality.
- Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.
- You may not assign Your AAIWay Account or any rights and licenses granted hereunder and such any assignment by You will be null and void.
- All sections of these Terms that by their respective nature should survive the cancellation or termination of these Terms shall survive the termination or cancellation of these Terms. You agree that breach of these provisions will cause irreparable harm and that accordingly We may seek injunctive relief in addition to any other legal remedies under these Terms at law or equity.
- You agree that except as otherwise expressly provided for in these Terms, there shall be no third party beneficiaries to the Terms.
- These Terms (including any additional terms, conditions, policies and agreements incorporated herein) are the entire agreement between AAIWay Incorporation and You regarding AAIWay. Any dispute arising from or related to these Terms will be governed by the laws of the State of Georgia without regard to conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Forsyth, Georgia, USA.