1. YOUR ACCEPTANCE
B. Although Azentos Labs may attempt to notify you when major changes are made to the Terms of Service, you should periodically review the most up-to-date version at http://airopine.com/terms. Azentos Labs may, in its sole discretion, modify or revise the Terms of Service at any time, and your continued use of the Service constitutes agreement to be bound by such modifications or revisions.
A.These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. "Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service.
B. You are solely responsible for your use of the Service, your interaction with other users of the Service and any Content you post to the Service, and for any consequences thereof. You agree that Azentos Labs is not responsible or liable for the conduct of any user.
3. COMMUNITY GUIDELINES
A. You may not post violent, nude, unlawful, pornographic, obscene or sexually suggestive photos, videos or other Content via the Service.
B. You may not use the Service to (i) attack or demean individuals or groups, (ii) engage in predatory behavior, stalking, harassment, bullying, abuse or intimidation, (iii) defame or impersonate people or entities or (iv) engage in other hostile, harmful, discriminatory, hateful or offensive speech.
C. You may not disclose personal, confidential or any non-public information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers or non-public addresses, phone numbers or email addresses.
D. You may not use the Service for any illegal activity or unauthorized purposes and must comply with all laws, rules, and regulations, including federal, state, and local and provincial, applicable to your use of the Service and your Content, including but not limited to copyright and trademark laws.
Violation of these Terms of Service, including the foregoing Community Guidelines or any other action that Azentos Labs determines is harmful to the Service or the use of the Service by others may, in Azentos Labs’ sole discretion, result in removal of the violating Content and/or termination of your AirOpine account.
4. AIROPINE ACCOUNTS
A. In order to access the Service, you will have to create an AirOpine account using either your phone number, email or another form of social identity. You must not use another user's account without permission. When creating your account, you must provide accurate and complete information. You are responsible for all activity that occurs on your account. You must notify Azentos Labs immediately of any breach of security or unauthorized use of your account.
B. Azentos Labs will not be liable for any losses to you caused by any unauthorized use of your account.
5. GENERAL USE OF THE SERVICE
A. Azentos Labs grants you permission to access and use the Service as set forth in the Terms of Service, provided that:
B. You agree not to alter or modify any part of the Service.
C. You agree not to interfere with or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You agree not to inject content or code or otherwise alter or interfere with the way any AirOpine content is rendered or displayed in a user's browser or device. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
D. You agree not to use the Service for any of the following commercial uses unless you obtain Azentos Labs’ prior written approval:
• the sale of access to the Service; or
• the sale of advertising, sponsorships, or promotions placed on or within the Service, including any Content shared on the Service.
E. Prohibited commercial uses do not include uploading original Content to the Service to promote your ideas or artistic enterprise.
F. In your use of the Service, you will comply with all applicable laws.
G. You may not access AirOpine’s private APIs unless authorized to do so by Azentos Labs.
H. You agree not to create any AirOpine account through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
I. You agree not to crawl, scrape, cache, or otherwise access any Content within the Service via any automated means.
J. You agree not to create multiple accounts with the intention of being disruptive or abusive to the Service or as an effort to "game" the system by creating artificial influence around specific Content or accounts. If you are creating accounts that perform overlapping behaviors across specific scenarios, you are subject to possible account termination.
K. Azentos Labs reserves the right to modify or discontinue any aspect of the Service or your access to the Service for any reason, without notice, at any time, and without liability to you.
6. YOUR USE OF AIROPINE CONTENT
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content:
A. The Content on the Service, and the trademarks, service marks and logos on the Service, are owned by or licensed to Azentos Labs, subject to copyright and other intellectual property rights under the law.
B. You may access Content for your personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You agree to not alter, remove, or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Content and to not copy, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, broadcast, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Azentos Labs or the respective licensors of the Content. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Azentos Labs, and may not be copied, imitated or used, in whole or in part, without prior written permission from Azentos Labs.
C. Azentos Labs and its licensors reserve all rights not expressly granted in and to the Service and the Content.
D. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
E. Azentos Labs does not guarantee the accuracy, validity, or completeness of any Content on the Service, nor do we endorse or support any opinions expressed in the Service. You understand and acknowledge that you may be exposed to Content that may be deemed inaccurate, offensive, indecent, objectionable or otherwise inappropriate, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Azentos Labs with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Azentos Labs, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
7. YOUR CONTENT; LICENSE TO AZENTOS LABS
A. As an AirOpine account holder, you may submit Content to the Service. You understand that Azentos Labs does not guarantee any confidentiality with respect to any Content you submit.
B. You shall be solely responsible for your own Content and the consequences of submitting your Content on the Service. You should only provide Content that you are comfortable publicly sharing with others under these Terms of Service. You affirm, represent, and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Service; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and / or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Service in your jurisdiction. You retain all of your ownership rights in your Content. By submitting Content to Azentos Labs, you hereby grant Azentos Labs a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, copy, reproduce, process, modify, adapt, prepare derivative works of, monetize, publish, transmit, display, perform and distribute the Content in connection with the Service and Azentos Labs’ (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels, including without limitation, various social channels such as, but not limited to, Facebook, Instagram, Twitter, Google and so on. You also hereby grant each user of the Service a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to access your Content through the Service, and to use, reproduce, distribute, modify, prepare derivative works of, display and perform such Content as permitted through the functionality of the Service and under the Terms of Service.
C. You hereby agree that Azentos Labs may place advertising, sponsorship or promotional material on the Service in conjunction with your Content. The manifestation of how such advertising and promotional content appear are subject to change over time without specific notification you. You also understand that Azentos Labs may not always identify content as advertising or promotional content.
D. You are free to remove your Content at any time. You understand and agree, however, that Azentos Labs may retain server copies of your Content that have been removed or deleted by you. Further, you understand and agree that any Content you have submitted which has been previously downloaded by any other user or person will remain within the control of such user or person.
E. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Azentos Labs all of the license rights granted herein.
F. Azentos Labs expressly disclaims any and all liability in connection with Content. Azentos Labs does not permit copyright infringing activities and infringement of intellectual property rights on the Service and will remove Content if properly notified that such Content infringes on another's intellectual property rights. Azentos Labs reserves the right to remove Content without prior notice.
G. You understand that the Service may be interrupted, including, without limitation, for scheduled or emergency maintenance, including upgrades or failure of telecommunications links and / or equipment. Given the nature of data / storage and the possibilities of content loss across the Service, Azentos Labs encourages all users to keep local copies of all Content they publish in AirOpine. AirOpine is not a backup service for your Content and you agree that you will not rely on the Service for the purposes of Content backup and / or storage. Azentos Labs is not liable for any modification, suspension or discontinuation of the Service or Content loss through use of the Service.
8. ACCOUNT TERMINATION POLICY
A. Azentos Labs will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to have infringed the Terms of Service.
B. Azentos Labs reserves the right to decide whether Content violates the Terms of Service for reasons other than copyright infringement, such as, but not limited to, violation of the Community Guidelines set forth above. Azentos Labs may at any time, without prior notice and in its sole discretion, remove such Content and / or terminate a user's account for submitting such material in violation of the Terms of Service. Content removed from the Service may continue to be stored on Azentos Labs servers, including for purposes of compliance with legal obligations.
9. REPORTING COPYRIGHT VIOLATIONS
Azentos Labs respects the intellectual property of others and require that users of the Service do the same. To protect the rights of copyright holders, it is our policy to respond to written notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA"). If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing Azentos Labs with the following information in writing (please consult your legal counsel or see Section 512(c)(3) of the DMCA to confirm these requirements):
A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
D. Information reasonably sufficient to permit the service provider to contact the complaining party, including your address, telephone number, and, if available, an email address;
E. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
F. A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send such written communication to us via written mail or email at:
• Azentos Labs
• 222 Broadway, 20th Floor
• New York, NY 10038
If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to Azentos Labs:
• A. Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled.
B. A statement, under penalty of perjury, that you have a good faith belief that the Content was removed or disabled as a result of mistake or misidentification of the Content in question;
C. Your name, address, telephone number and email address;
D. A statement that you consent to the jurisdiction of the Federal District Court for judicial district in which your address is located or, if your address is outside of the United States, the United States District Court for the Southern District of New York, and that you will accept service of process from the person who submitted notification of the alleged infringement, as generally described above;
E. Your physical or electronic signature.
Please send such notice to us via written mail or email at:
• Azentos Labs
• 222 Broadway, 20th Floor
• New York, NY 10038
To the extent permitted by applicable law, you (and also any third party for whom you operate an account on the Service) agree to defend, indemnify and hold harmless Azentos Labs, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, obligations, losses, and expenses, including without limitation attorney's fees and costs, arising from (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your access to or use of the Service; (ii) your violation of these Terms of Service; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (v) any misrepresentation made by you; or (vi) any claim that your Content caused damage to a third party. You agree to cooperate as required by Azentos Labs in the defense of any claim. Azentos Labs reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Azentos Labs. This defense and indemnification obligation will survive the Terms of Service and your use of the Service.
11. WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AZENTOS LABS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. AZENTOS LABS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OMISSIONS OR INACCURACIES IN ANY CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF AZENTOS LABS’ SERVERS AND / OR ANY AND ALL PERSONAL INFORMATION AND / OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND / OR (V) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT MADE AVAILABLE VIA THE SERVICE. AZENTOS LABS DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND AZENTOS LABS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
12. LIMITATION OF LIABILITY
IN NO EVENT SHALL AZENTOS LABS, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM ANY (I) ERRORS, MISTAKES, OMISSIONS OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF AZENTOS LABS’ SERVERS AND / OR ANY AND ALL PERSONAL INFORMATION AND / OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT MADE AVAILABLE VIA THE SERVICE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT AZENTOS LABS SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by Azentos Labs from its facilities in the United States of America. Azentos Labs 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 responsible for compliance with local laws.
For any dispute you have with Azentos Labs, you agree to first contact us and attempt to resolve the dispute with us informally. If Azentos Labs has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Azentos Labs agree otherwise, the arbitration will be conducted in the Southern District of New York. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND AZENTOS LABS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
14. ABILITY TO ACCEPT TERMS OF SERVICE
You affirm that you are either 18 years of age or older, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under the age of 13. If you are under 13 years of age, please do not use the Service.
The Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Azentos Labs without restriction.
You agree that: (i) the Service shall be deemed solely based in New York; and (ii) the Service does not give rise to personal jurisdiction over Azentos Labs, either specific or general, in jurisdictions other than New York. The Terms of Service shall be governed by the laws of the State of New York, without respect to its conflict of laws principles. If any provision of the Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Service, which shall remain in full force and effect. No waiver of any provision of the Terms of Service shall be deemed a further or continuing waiver of such provision or any other provision, and any failure by Azentos Labs to assert any right or provision under the Terms of Service shall not constitute a waiver of such right or provision. Azentos Labs reserves the right to amend the Terms of Service at any time without notice. It is your responsibility to review the Terms of Service for any changes. Your use of the Service following any amendment of the Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND AZENTOS LABS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.