TERMS & CONDITIONS
Updated and valid from 01.01.2021
Welcome to the Azukara.com website at azukara.com. Azukara.com.com and Azukara AG, which will be referred to as ‘We’ and ‘us’, provides its services to you under the following Terms and Conditions. If you visit, use a service, or make purchases at azukara.com or any of our other web sites (collectively, the “Site”) operated by Azukara AG you agree to abide by these Terms and Conditions when you use the Site. If you do not agree to the Terms and Conditions of Usage, do not use the Site. The Azukara AG reserves the right to revise these Terms and Conditions of Use. Your continued use of the Site constitutes your agreement to comply with such revisions, so please visit this page from time to time.
1. Nonexclusive License
We grant you a nonexclusive, nontransferable, limited right to access and display the Site and the material provided herein for personal use, provided that you comply fully with these Terms and Conditions of Use. No portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express prior written consent of the Azukara AG. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Azukara AG without our express prior written consent. You may not use any meta tags or any other “hidden text” utilizing the Azukara AG’s name or trademarks without the express prior written consent of the Azukara AG. Any unauthorized use terminates the rights granted herein by the Azukara AG. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray Azukara AG its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Azukara AG logo or other proprietary graphic or trademark as part of the link without the express prior written permission of Azukara AG.
2. Prohibited Uses
Unauthorized use or modification of any stored on the Site may result in criminal and/or civil prosecution under applicable Federal, State, and local laws. You may not use the Site for anything other than a lawful and legitimate purpose. You agree not to use the Site to (i) promote any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability; (ii) carry out any unauthorized alteration of any data or information on or supplied by another user of the Site.; or (iii) conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity. You shall not restrict or inhibit any other user from using and enjoying any service conducted on the Site. You are solely responsible for the content of any transmissions you make to the Site or any Azukara AG’s employee. You agree that you will not send, post or otherwise publish through the Site, any message, material, user name or other communication that: (i) is unlawful, offensive, obscene, vulgar, indecent, pornographic, profane, sexually-oriented, threatening, abusive, false or misleading with respect to origin or fact, slanderous, libelous or defamatory; (ii) impersonates any person or entity; (iii) impersonates any person or entity, (iv) provides personally identifiable information of any person or entity such as an address or phone number; (v) constitutes or encourages the conduct of a criminal offense; (vi) gives rise to liability; (vii) promotes the use of controlled substances; (viii) causes injury of any kind to any person or entity;(ix) infringes or violates the intellectual property rights, contract rights, or any other rights of any third party; (x) contains harmful or malicious components or code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xi) creates a link to another Site. You agree not to interrupt or attempt to interrupt, the operation of the Site in any way. You may not advertise or solicit on or through the Site without the express prior written permission of the Azukara AG. You agree that you will not use the Site for chain letter, junk mail, “spamming”, solicitations (commercial or non-commercial), or bulk communications of any kind including, but not limited to, distribution lists to any person who has not given specific permission to be included in such a list.
3. Usage and Monitoring
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. The Azukara AG has no obligation to monitor the Site and is not responsible for the content of any messages, information, or files transmitted on the Site, the Azukara AG reserves the right to delete and take other appropriate action with respect to such messages, information or files with which the Azukara AG, in its sole and absolute discretion, deems objectionable or otherwise in violation of the Terms and Conditions. The Azukara AG further reserves the right, in its sole and absolute discretion and without notice, to deny access to the Site to anyone at any time.
If you do post or submit content of any nature, and unless indicated otherwise, you grant the Azukara AG a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media now known or hereinafter invented. You also grant the Azukara AG and Azukara.com the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate any rights and will not cause injury to any person or entity; and that you will fully indemnify FOCA for all claims of any nature resulting from content you supply. The Azukara AG respects the intellectual property of others. If you believe that your material has been copied in any way that constitutes copyright infringement or trademark infringement, please notify us immediately.
5. Copyright Ownership
All content included on this Site, including but not limited to text, graphics, photographs, logos, and software, and all derivative rights thereof are the property of the Azukara AG or its content suppliers and are protected by Switzerland and international copyright laws. Unauthorized copying, reproduction, republishing, uploading, downloading, posting, transmitting, or duplicating any of the material is prohibited. Azukara AG and its content suppliers do not grant any express or implied rights to you under any patents, copyrights, trademarks, or trade secrets.
6. Trademark Ownership
Azukara AG (Trademark) is a trademark or service mark and is protected by Switzerland and International trademark law. It may not be used without the express written permission of the Azukara AG and all rights associated therewith and herein reserved.
7. Web Linking
Links may appear on the Site that may be used to link other web sites. These links are provided as a courtesy to our visitors. The Azukara AG has no control over the linked web sites or other materials, information, goods, or services available or continued on these linked sites. The Azukara AG is not responsible for and does not endorse or guarantee accuracy in any way of such sites. If you decide to access any of the linked sites, you do so entirely at your own risk. The Azukara AG reserves the right to terminate any link at any time.
All items purchased from Azukara.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Additional Terms and Conditions which apply to all orders can be found at our web site.
9. Disclaimer and Limitation of Damages
a) The Azukara AG is neither responsible nor liable for any viruses or other contamination of your computer system or other device used to access the Site as a result of your use of the Site. The Site (including, without limitation, all content, software, functions, materials, and information made available or described on the site or accessed by means thereof) is provided “as is,” without representations or warranties of any kind, either express or implied, including, without limitation, any express or implied warranty of merchantability, fitness for a particular purpose, title, compatibility, security, accuracy, or non-infringement. Without limiting the foregoing, the Azukara AG makes no warranty or representation, either express or implied, that access to or operation of the Site will be uninterrupted or error-free. In no event will the Azukara AG, its suppliers, or any other party involved in creating, producing, or delivering the Site’s content be liable for the truth, accuracy, or completeness of any information on the Site, for errors or mistakes made by humans or machines, or for any actual, special, indirect, incidental or consequential damages that may arise from the use of, or the inability to use, the Site and/or the materials and information contained on or available through the Site.
b) Any statements and opinions appearing on the Site are those of authors, and the Azukara AG assumes no responsibility for such statements and opinions. Neither the Azukara AG nor its affiliates shall have any liability arising from your reliance upon the information provided on the Site. While FOCA makes reasonable efforts to present accurate and reliable information on the Site, the Azukara AG does not endorse, approve, or certify such information, nor does it guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of such information. Any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Site is at your sole risk. Please consult a physician or health care professional before using any of the general information that you find on the Site. Reference herein to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or favoring by the Azukara AG. Please use caution and common sense in making use of any information on the Site or any other resources on the Internet.
c) Use of the Site is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and or/use of files, information, other communications, content or other material (including, without limitation, software) accessed through or obtained by means of the Site.
d) Although we do not share or sell customer profile information including email addresses gathered on the Site with outside organizations, we make no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any site linked to the Site. We will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on our equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Site.
e) Indemnification. You agree to indemnify and hold the Azukara AG affiliate, subsidiaries, officers, directors, and employees, harmless from any claim or demand, including reasonable fee’s, made by a third party due to or arising out of your use of the Site, violation of these Terms and Conditions, or other infringement by you, or any other user of your member name, of any intellectual property or other rights of any person or entity.
f) Applicable Laws. Azukara AG, operates the Site from its office(s) in Switzerland and makes no representations that the materials in the Site are appropriate for use in other locations. Access to the Site from any territory where the content is illegal is prohibited. If you choose to access the Site from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws and regulations. The display of the Site alone does not subject the Azukara AG to any specific jurisdiction. You may not use or export any of the Site materials in violation of Swiss export laws and regulations.
We do not refund. For the already paid value, you can get any other service for the value paid.