Terms and Conditions

Terms and Conditions

The use of this site or any other site owned or maintained by Aktiv, LLC., a corporation organized and existing under the laws of the State of Georgia (“Company”), is governed by the policies, terms and conditions set forth below. Please read them carefully. Your use of this site signifies your acceptance of the terms and conditions set forth below. Your continued use on this site signifies your acceptance of the terms and conditions set forth below.

1. Privacy & Security

Company’s privacy policy may be viewed at https://www.aktivstudios.com/p.... Company reserves the right to modify its privacy policy in its reasonable discretion from time to time.

2. Trademarks

Aktiv Studios is a trademark of the Company. All rights reserved. This and other graphics, logos and service marks and trademarks of the Company may not be used without prior written consent. All other trademarks, product names, and company names and logos appearing on Company’s website are the property of their respective owners.

3. Proprietary Rights

Users acknowledge that Company’s website contains information, data, photographs, videos, typefaces, graphics, and other material (collectively, Content) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. Users may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, users may make copies of select portions of the Content, provided that the copies are made only for such user’s personal use and that the user maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices.

Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C.A. Section 107), users may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Company’s agent (listed below) the following information, in writing:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right which is allegedly being infringed upon;
  2. Identification of the copyrighted work that is alleged to have been infringed upon or, if more than one, a representative list;
  3. Identification of the material which needs to be removed or altered and a sufficiently detailed description of the location of the protected material on the site;
  4. A sufficient means for the company to contact you, such as your address, telephone number, and e-mail address (if available);
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law and that you have authority to make such a statement;
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright’s owner’s behalf.

The company’s copyright agent for notice of claims of copyright infringement is:

Kevin P. Kennealy, 1155 Mount Vernon Hwy. Ste. 800 Atlanta, GA 30338.

4. Online Conduct

Users agree to use Company’s website only for lawful purposes. Users are prohibited from posting on or transmitting through Company’s website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.

If Company is notified of allegedly infringing, defamatory, damaging, illegal or offensive content provided by a user (e.g., through an online review or chat room), Company may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content. Company may disclose any Content or electronic communication of any kind: (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate Company’s website; or (iii) to protect the rights or property of Company, its users or providers.

Company’s website reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual users, Company, or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither Company nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither Company, nor its affiliates, nor any of their officers, directors, employees or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on Company’s website.

5. Termination of Usage

Company may terminate or suspend a user’s access to all or part of Company’s website, without notice, for any conduct that Company, in its sole discretion, believes is in violation of any applicable law or is harmful to Company’s interests.

6. Privacy Policy

Company respects the privacy of its users in accordance with the terms of Company’s Privacy Policy. We improve our products and advertising by using Microsoft Clarity and Google analytics to see how you use our website. By using our site, you agree that we, Google and Microsoft can collect and use this data. Our privacy statement. Company’s privacy policy may be viewed at https://www.aktivstudios.com/p....

7. Link Disclaimer

Certain links found on these pages will open into a new browser window. Most of these links direct users to sites that are not part of Company’s website, and Company has no control over their content or availability. Company provides these links solely as a service to the general public. When you click on one of the provided links, you are leaving the Company website to enter another site on the Web. Certain links on this site lead to resources located on websites maintained by third parties over whom the Company has no control. As such, the Company makes no representation as to the accuracy or any other aspect of the information contained at such outside sites.

8. Third Party Interactions

During use of the Company website, you may enter into correspondence with, purchase services from, or participate in promotions of, affiliates, advertisers or sponsors. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party whether or not your are made expressly aware that you are dealing with such third party and not the Company. Company shall have no liability, obligation or responsibility for any such correspondence, service, purchase or promotion between you and any such third-party.

Company does not endorse any sites on the Internet that are linked through its website. Company provides these links to you only as a matter of convenience, and in no event shall Company be responsible for any content, products, or other materials on or available from such sites. Company provides products to you pursuant to the terms and conditions of this Agreement.

You recognize, however, that certain third-party providers of online content, ancillary software, hardware or other services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware or services.

9. Disclaimers of Warranty

Company makes no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of any information on this site.

Company does not represent or warrant that (a) the use of the site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the site or company’s services will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information, or other services purchased or obtained by you through the company will meet your requirements or expectations, (e) errors or defects will be corrected, or (f) the service or the server(s) that make the service available are free of viruses or other harmful components.

The service and all content is provided to you strictly on an “as is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by company.

10. Limitation of Liability

In no event shall either party’s aggregate liability exceed the amounts actually paid by and/or due from you in the 12 month period immediately preceding the event giving rise to such claim. In no event shall either party be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including loss of data, revenue, profits, use or other economic adv ant age) arising out of, or in any way connected with this site, including but not limited to the use or inability to use the site, or for any content obtained from or through the site, any interruption, inaccuracy, error or omission, regardless of cause in any information contained herein, even if the party from which damages are being sought have been previously advised of the possibility of such damages.

Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.

11. Modification to Terms

Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to its products and services at any time, effective upon posting of an updated version of this Agreement on this website. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.

12. General

With respect to U.S. Customers, this Agreement shall be governed by Georgia law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Georgia. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.

No joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this agreement or use of this website. The failure of Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Company in writing.

This Agreement, together with any applicable Form and policies, comprises the entire agreement between you and Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

13. Definitions

As used in this Agreement and in any Forms now or hereafter associated herewith: “Agreement” means these online terms of use, any Forms, whether written or submitted online via the www.aktivstudios.com Web Site, and any materials available on the Company website specifically incorporated by reference herein, as such materials, including the terms of this Agreement, may be updated by Company from time to time in its sole discretion; “Effective Date” means the date this Agreement is accepted as shown by your continued use of this website; “Form(s)” means the form evidencing your purchase from this site and any subsequent order forms submitted online or in written form, each such Order Form to be incorporated into and to become a part of this Agreement (in the event of any conflict between the terms of this Agreement and the terms of any such Form, the terms of this Agreement shall prevail); “Company” means collectively Aktiv, LLC. a corporation organized and existing under the laws of the State of Georgia and having an office at 3101 Cobb Parkway, Suite 124, Atlanta GA, 30339, together with its officers, directors, shareholders, employees, agents and affiliated companies.

14. Questions or Additional Information

If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to info@aktivstudios.com.