- Please carefully read the terms of service as set out hereinafter before using https://alalik.com/ (the “Website”) operated by Alalik, a company having its registered office located at 12625 Welby Way, North Hollywood, CA 91606 (the “Company”). This Agreement sets forth the legally binding agreement between you as the user(s) of the Website (hereinafter referred to as “you”, “your” or “User”) and the Company (hereinafter referred to also as “we”, “our”, “us” or “Company”).
- By accessing or using the Website in any manner as laid down in the term 2.1, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Website, you agree to be bound by these the terms.
- These terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Website without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
- You must be at least 18 years of age to use the Website and/or the Website Services; and by using the website in any manner, before or after registering your account on the Website, you warrant and represent to us that you are at least 18 years of age. If you are a minor in the jurisdiction in which you reside (generally under the age of 18), you must have the permission of, and be directly supervised by, your parent or legal guardian to use the Website and the Website Services, and your parent or legal guardian must read and agree to the Terms prior to your using the Website and the Website Services.
- Notwithstanding the foregoing, however, persons under the age of 13 are not permitted to register for the Website or use the Website Services.
- The Website is owned and operated by the Company and is currently hosted in the California, USA. The Company reserves the right to modify or discontinue, temporarily or permanently, and at any time, the Website and/or the Website Services (or any part thereof) with or without notice. You agree that the Website shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website Services.
- The Company or the Website management may modify these Terms from time to time, and any change to these Terms will be reflected on the Website with the updated version of the Terms and you agree to be bound to any changes to these Terms when you use the Website or the Website Services. The Website may also, in its sole and absolute discretion, choose to alert via email all users with whom it maintains email information of such modifications.
- Also, occasionally there may be information on the Website or within the Website Services that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information, and the Website management reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
- When you register an account on the Website and/or upload, submit, enter any information or material to the Website or use any of the Website Services, you shall be deemed to have agreed to and understand the Terms.
2. Licence to Use the Website
2.1 Scope: The Company grants you permission (which may be revoked at any time for any reason or no reason) to view the Website and to download, email, share via social networking or print individual pages from the Website in accordance with the Terms, provided you do not remove any trademark, copyright or other notice contained on such pages.
2.2 You are permitted to view pages from the Website in a web browser; download pages from the Website for caching in a web browser; print pages from the Website; stream audio and video files from the Website; and use the Website Services by means of a web browser, subject to the other terms.
2.3 Except as expressly permitted by Section 2.2 or the other provisions of the Terms, you must not download any material from the Website or save any such material to any of the devices.
2.5 Except as expressly permitted by the Terms, you must not edit or otherwise modify any material on the website.
2.6 You may not, incorporate the information, content, or other material in any database, compilation, archive or cache. You may also not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from the Website, except as specifically noted above.
2.7 Except as specifically authorized by the Website, you may not deep-link to the Website for any purpose or access the Website manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Website or any information, content, or material on the Website. The Website reserves all of its statutory and common law rights against any person or entity who violates this paragraph.
2.8 You may not link or frame to any pages of the Website or any content contained therein, whether in whole or in part, without prior written consent from the Website. You may like or follow the Website or share links to it via social networking technology referenced on the Website.
2.9 User Conduct: You agree that the use of the Website and/or the Website Services on the Website is subject to all applicable local, state and federal laws and regulations. You also agree:
- to comply with the local laws or rules regarding online conduct and acceptable material;
- not to access the Website or services using a third-party’s account/registration without the express consent of the account holder;
- not to use the Website for illegal purposes;
- not to commit any acts of infringement on the Website or with respect to content on the Website;
- not to copy any content for republication in print or online;
- not to create reviews or blog entries for or with any purpose or intent that does not in good faith comport with the purpose or spirit of the Website;
- not to attempt to gain unauthorized access to other computer systems from or through the Website;
- not to interfere with another person’s use and enjoyment of the Website or another entity’s use and enjoyment of the Website;
- not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or
- not to disrupt, interfere with, or otherwise harm or violate the security of the Website, or any services, system restores, accounts, passwords, servers or networks connected to or accessible through the Website or affiliated or linked website.
- not to use the Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website;
- not to use the Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- not to use se the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
- not to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without the express written consent of the Website owner;
- not to access or otherwise interact with the Website using any robot, spider or other automated means;
- not to violate the directives set out in the robots.txt file for the website; or
- not to use data collected from the website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
2.10 Prohibited Activities: Unless specifically endorsed or approved by the Website, the following uses and activities of and with respect to the Website and the Website Services are prohibited:
- criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;
- advertising to, or solicitation of, any user to buy or sell any products or services or/and using any information obtained from the Website or the Website Services in order to contact, advertise to, solicit, or sell to any user;
- unless authorized by the Website;
- systematic retrieval of data or other content from the Website or the Services to create or compile, directly or indirectly, any collection, compilation, database or directory;
- engaging in unauthorized framing of or linking to the Website or the Website Services;
- transmitting chain letters or junk email;
- engaging in any automated use of the Website or the Website Services.
- interfering with, disrupting, or creating an undue burden on the Website or the Website Services or the networks or services connected or linked thereto;
- attempting to impersonate another user or person;
- using the username of another user;
- selling or otherwise transferring your profile;
- using any information obtained from the Website or the Website Services in order to harass, abuse, or harm another person;
- deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website or the Website Services;
- attempting to bypass any measures of the Website or the Website Services designed to prevent or restrict access to the Website or the Website Services, or any portion of the Website or the Website Services;
- harassing, annoying, intimidating or threatening any the Website employees or agents engaged in providing any portion of the Website Services;
- using the Website and/or the Website Services in any manner inconsistent with any and all applicable laws and regulations.
- Using data collected from the website to contact individuals, companies or other persons or entities.
- Supplying false, untrue, expired, incomplete or misleading information through the Website.
3. Copyrights of Users:
3.1 Unless you own or control the relevant rights in the material, you must not:
i. republish material from the Website (including republication on any another website); or
ii. sell, rent or sub-license material from the Website; or
iii. show any material from the Website in public; or
v. redistribute material from the Website.
3.2 You must ensure that you do not violate third party rights of any kind, including without limitation, any intellectual property rights, rights of publicity, and privacy rights.
3.3 To the extent the user content may be copyrightable, you represent, warrant, and covenant that you are the owner of all the copyright rights to such user content and that the Company may exercise the rights to user content granted under this agreement without any liability or obligation for any payment.
4. Initial Signup Restrictions:
4.1 The Website shall initially restrict access only to the appropriate individuals who shall be given a sign up code.
4.2 The management of the Website reserves the right to restrict access to any individual that it finds inappropriate or unsuitable and this decision shall solely vest in such management.
4.3 The management of the Website may block areas of the website, or the complete website, at its exclusive discretion and you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.
6. Registration and accounts
6.2 You may register for an account with the Website by completing and submitting the account registration form on the Website, and clicking on the verification link in the email that the website will send to you.
6.3 You must not allow any other person to use your account to access the Website.
6.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
6.5 You must not use any other person’s account to access the Website, unless you have that person’s express permission to do so.
7. User IDs and passwords
7.1 If you register for an account with the Website, you will be asked to choose a user ID and password.
7.2 Your user ID must not be misleading and must comply with the content rules set out in this document; you must not use your account or user ID for or in connection with the impersonation of any person.
7.3 You shall be responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.
7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
7.5 You are responsible for any activity and content on the account arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
8. Cancellation and suspension of account
8.1 We may:
(a) suspend your account;
(b) cancel your account;
(c) edit your account details,
(d) freeze your account
at any time in the sole discretion without notice or explanation.
8.2 You may cancel or terminate your account on the Website by emailing us.
10. Personal profiles
10.1 All information that you supply as part of a personal profile on the website must be true, accurate, current, complete and non-misleading.
10.2 You must keep your personal profile on the website up to date.
13. Report abuse
13.1 If you learn of any unlawful material or activity on the Website, or any material or activity that breaches the Terms, please let us know.
13.2 You can let us know by email or by using our abuse reporting form on _____________________.
14. Third party websites
14.1 The Website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations. Goods and services of third parties may be advertised and/or made available on or through this web site. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. The Website shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.
14.2 The management of the Website has no control over third party websites and their contents, and subject to the Terms it accepts no responsibility for them or for any loss or damage that may arise from your use of them.
14.3 The Website may contain links from third party websites. External hyperlinks to or from the site do not constitute the Website’s endorsement of, affiliation with, or recommendation of any third party or its website, products, resources or other information. The Website is not responsible for any software, data or other information available from any third party website. You are solely responsible for complying with the terms and conditions for the third party sites. You acknowledge that the Company shall have no liability for any damage or loss arising from your access to any third party website, software, data or other information.
15. Trade marks
15.1 The Website, its logos and its other registered and unregistered trade-marks are trade-marks belonging to the respective brands or companies or the Website. The Company, the Website and the management of the Website give no permission to you for the use of these trade-marks, and such use may constitute an infringement of Intellectual Property rights.
15.2 The third party registered and unregistered trade-marks or service marks on the Website are the property of their respective owners and, unless stated otherwise in the Terms, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
17.1 The Website may revise the Terms from time to time.
17.2 The revised terms and conditions shall apply to the use of the Website from the date of publication of the revised terms and conditions on the Website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of the Terms. If you do not agree to the revised terms and conditions, you must stop using the Website.
17.3 If you have given your express agreement to the Terms, the management of the Website may not ask for your express agreement to any revision of the Terms.
18.1 You hereby agree that the Website may assign, transfer, sub-contract or otherwise deal with its rights and/or obligations under the Terms.
18.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under the terms.
19.1 If a provision of a contract under the Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
19.2 If any unlawful and/or unenforceable provision of a contract under the Terms would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
20. Third party rights
20.1 A contract under the Terms is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
20.2 The exercise of the parties’ rights under a contract under the Terms is not subject to the consent of any third party.
20.3 you agree not to; modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, scrape, gather, market, rent, lease, re-license, reverse engineer, or sell any information published by other users without the original publishers written consent.
21. Protecting other peoples right
21.1 You shall not post content or follow any course of action that infringes or violates someone else’s copyrights or otherwise violates the law.
21.2 If the management of the Website believes that you have the Terms or are breaching (intentionally or unintentionally) third party copyrights the management of the Website may remove your content or may remove you as a user of our site.
21.3 The Website will provide you with an opportunity to appeal if you believe your posted contented was not copyright infringement.
21.4 You will not post anyone’s identification documents or sensitive financial information.
21.5 You will not invite users or send email invitations to non-users without their consent.
22. Entire agreement
22.1 The Terms, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of the Website and shall supersede all previous agreements between you and us in relation to your use of the Website.
23. Law and jurisdiction
23.1 A contract under the Terms shall be governed by and construed in accordance with the law of California, USA.
23.2 Any disputes relating to a contract under the Terms shall be subject to the exclusive jurisdiction of the courts of England.
25. Regards to Communication
25.1 The Company does not make any representations or warranties as to the truth or accuracy of any statement made or materials posted on or through the Website site, forum, bulletin board, chat room, or any other user interactive area of our site. You agree and acknowledge that you assume the risk of any actions you take in reliance upon the information that may be contained in the Website, forum, bulletin board, chat room, or any other user interactive area of the Website.
25.2 The Company does not endorse or lend any credence for any statements that are made by any participant in the website forum, bulletin board, chat room, or any other user interactive area of our site. Any opinions or views expressed by our site, forum, bulletin board, chat room, or any other user interactive area of our site participants are their own. The Company does not endorse or support or otherwise give any credence or reason for reliance on any such statements or opinions.
25.3 You are fully responsible for your own statements and materials that you post in our site, forum, bulletin board, chat room, or any other user interactive area of our site and any consequences, whether or not foreseen, to any party who may rely upon these statements. You agree that you will not take any action directed towards attempting to hold us responsible for any such materials or statements.
25.4 As a participant in our site, forum, bulletin board, chat room, or any other user interactive area of our site, you agree that the management of the Website may remove any materials from the Website, forum, bulletin board, chat room, or any other user interactive area of our site for any reason, in our sole discretion, or for no reason at all. This includes material which is disruptive, abusive, offensive, illegal, vulgar, pornographic, or any other material. You hold us harmless from and against any damage you or others may suffer as a result of our removal of any content from our forum, bulletin board, chat room, or any other user interactive area of our site or from the discontinuance of our forum, bulletin board, chat room, or any other user interactive area of our site at any time.
26. Limited warranties
26.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on the Website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
(d) third party content, i.e. uploads content of users of the website
26.2 We reserve the right to discontinue or alter any or all of the Website Services, and to stop publishing the Website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in the Terms, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
26.3 To the maximum extent permitted by applicable law and subject to Section 14.1, we exclude all representations and warranties relating to the subject matter of the Terms, the Website and the use of the Website.
27. Limitations and exclusions of liability
27.1 Nothing in a contract under the Terms will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
27.3 YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY OR THE WEBSITE AND ITS MANAGEMENT OR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
27.4 To the extent that the Website and the information and services on the Website are provided free of charge, the management of the Website shall not be liable for any loss or damage of any nature.
27.5 The Website or its management shall not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
27.6 The Website or its management shall not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
27.7 The Website or its management shall not be liable to you in respect of any loss or corruption of any data, database or software.
27.8 The Website or its management shall not be liable to you in respect of any special, indirect or consequential loss or damage.
27.9 You accept that the Website has an interest in limiting the personal liability of its officers and employees and, having regard to that interest, you acknowledge that the Website or its management is a limited liability entity; you agree that you will not bring any claim personally against officers or employees of the website in respect of any losses you suffer in connection with the Website or the Terms (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
28.1 You hereby agree to indemnify and hold harmless the Company and the Website, its management, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders and undertake to keep them indemnified, against any and all claims, losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by them to a third party in settlement of a claim or dispute) incurred or suffered by them and arising directly or indirectly out of:
(a) any breach by you of any provision of the Terms; or
(b) your use of the Website.
28.2 You hereby indemnify the Website and its management for any third party actions and content on the Website. The Website or its management is not obliged to monitor or review any actions that third party users post on our site. The Website and its management do not preview user communications before they appear on the site. The Company will not accept any responsibility or liability related to the content of any such communications, whether arising under the laws of copyright, defamation, privacy, obscenity, or otherwise. The Website and its management retain the right to remove in its sole discretion, communications that include any material deemed abusive, defamatory, obscene or otherwise inappropriate.
28.3 You indemnify the Website and its management for any time that our the Website may be unavailable due to routine maintenance, updates or any other technical or non-technical reasons. You agree to indemnify the Website and its management for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to your published content, damages from lost profits, lost data or business interruption.
28.4 You hereby indemnify the Website and its management and will not hold them responsible for copyright theft, reverse engineering and use of your content by other users on the website.
29.1 The site and all information and services available through the Website are provided “as is” with all faults and is available. The Company, its affiliates, vendors and licensors do not warrant that the Website or its services will meet your requirements or that any results or comparisons generated by the Website or the Website Services will be complete or accurate.
29.2 The Company, the Website, its affiliates, vendors and licensors do not warrant that access to the Website or the operations of the Website Services shall be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, of any quality, or defects in the site will be corrected.
29.3 You understand and agree that neither us nor any participant in the service provides professional advice of any kind and that use of such advice or any other information is solely at your own risk and without our liability of any kind.
29.4 To the fullest extend permissible by law we disclaim any representations and warrantees including but not limited to conformity to any representation or description, merchantability, quality of information, quiet enjoyment, title, non-infringement and fitness for a particular purpose.
29.5 The Company is not obligated to monitor or review any areas of the site where user communications are made available, these communications submitted by users do not necessarily respect the view or opinions of the Company or the Website.
29.6 Your sole remedy for dissatisfaction with the Terms or with the Website Services or functioning of the Website is to stop using our site and the services it provides.
30.1 The Terms outlined herein are governed by the laws of the California, USA. You hereby consent to the exclusive jurisdiction and venue of state and federal courts in California, USA in all disputes arising out of or relating to the use of the Website. You agree not to use the Website in any jurisdiction that does not give effect to all provisions of the Terms, including without limitations this paragraph.
30.2 You agree that no joint venture, partnership, employment or agency relationship exists between you as a user and the Website and owner of the website and the Company.
30.3 This is a statement between you and the Company.
30.4 If any portion of this statement is found to be unenforceable, the remaining portion will remain in full force and effect.
30.5 You may not transfer any of your rights or obligations under this statement to anyone else without our consent.
30.6 By visiting this site, you are deemed to have executed this agreement electronically; effective on the date you visit the Website, pursuant to the federal electronic signatures in global and national commerce act.
30.7 All notices to have legal effect must be sent by post to the following address: 12625 Welby Way, North Hollywood, CA 91606.
31. Breaches of the Terms
31.1 Without prejudice to other rights under the Terms, if you breach Terms and conditions in any way, or if the Website or its management suspects that you have breached the terms in any way, it may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to the Website;
(c) permanently prohibit you from accessing the Website;
(d) block computers using your IP address from accessing the Website;
(e) contact any or all of your internet service providers and request that they block your access to the Website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on the Website.
31.2 Where the management of the Website suspend or prohibit or block your access to the Website or a part of the Website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
33. Headings & Construction
33.1 The section titles in the Terms are for your convenience only and carry no contractual or legal effect whatsoever. The language in the Terms shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.