Akme Conditions of Use

Welcome to www.akme.app, www.getakme.com, David+ Lincoln Productions, Inc., and/or its affiliates (“Akme“). We provide Web site features and other products and services to you when you visit or shop at Akme, use Akme products or services, use Akme applications for mobile, or use software provided by Akme in connection with any of the foregoing (collectively, “Akme Services”). Akme provides the Akme Services subject to the following conditions:  By using Akme Services, you agree to these conditions. Please read them carefully.

We offer a wide range of Akme Services, and sometimes additional terms may apply. When you use a Akme Service, you will also be subject to the guidelines, terms and agreements applicable to that Akme Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will prevail.

 

Akme Privacy Notice

Please review our Privacy Notice, which also governs your use of the Akme Services, to understand our practices.

Akme On Demand Viewer Agreement

Please review our On Demand Viewer Agreement, which also governs your use of the Akme Services, to understand our practices. 

ELECTRONIC COMMUNICATIONS

When you use any Akme Service, or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notices, or notices and messages on this site or through other Akme Services and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

 COPYRIGHT

All content included in or made available through any Akme Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Akme or its content suppliers and protected by Canadian and international copyright laws. The compilation of all content included in or made available through any Akme Service is the exclusive property of Akme and protected by Canadian and international copyright laws.

 

TRADEMARKS

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Akme Service are trademarks or trade dress of Akme, or its affiliates, in Canada and other countries. Akme or its affiliates trademarks and trade dress may not be used in connection with any product or service that is not Akme or its affiliates’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Akme or its affiliates. All other trademarks not owned by Akme or its affiliates that appear in any Akme Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Akme or its affiliates.

 

LICENCE AND ACCESS

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Akme or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the Akme Services. This licence does not include any resale or commercial use of any Akme Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Akme Service or its contents; any downloading copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Akme or its licensors, suppliers, publishers, rightsholders, or other content providers. No Akme Service, nor any part of any Akme Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Akme. 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 Akme without express written consent. You may not use any meta tags or any other “hidden text” utilizing Akme’s name or trademarks without the express written consent of Akme. You may not misuse the Akme Services. You may use the Akme Services only as permitted by law. The licences granted by Akme terminate if you do not comply with these Conditions of Use or any Service Terms.

 

BETA SERVICES

We may invite you to try beta, pilot, or limited release features (“Beta Services”). By using any Beta Services, you agree that (a) Beta Services may be modified or discontinued at any time, may contain bugs or errors, and are not subject to uptime, support, or other service level commitments; and (b) you will provide timely feedback to Akme and only use the Beta Services for the purpose of providing such feedback.


YOUR ACCOUNT

You may need your own Akme account to use certain Akme Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.

Akme does sell products for children, but it sells them to adults who can purchase with a credit card or other permitted payment method. If you are under the age of majority in your province, state or territory of residence, you may use the Akme Services only with involvement of a parent or guardian. Akme reserves the right to refuse service, terminate accounts, terminate your rights to use Akme Services, remove or edit content, or cancel orders in its sole discretion.

 

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

All Akme member plan types permit an Akme user (“Akme member”) to post reviews, comments, photos, videos, and other content; and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages.

You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Akme reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Akme a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicencable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display such content throughout the world in any media.

You grant Akme and sublicencees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Akme for all claims resulting from content you supply. Akme has the right but not the obligation to monitor and edit or remove any activity or content. Akme takes no responsibility and assumes no liability for any content posted by you or any third party.

INTELLECTUAL PROPERTY COMPLAINTS

Akme respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please contact customer service.

 

RISK OF LOSS

Risk of loss and title for physical items purchased from Akme pass to you upon our delivery to the carrier or, if such items must cross an international border, then risk of loss and title pass to you when they clear customs in Canada.

 

RETURNS, REFUNDS AND TITLE

In the case that Akme sells a physical product, such as a t-shirt, Akme does not take title to returned items until the item arrives at our fulfillment centre. At our discretion, a refund may be issued without requiring a return. In this situation, Akme does not take title to the refunded item. If we receive items that do not meet the requirements of our return policies, including items returned past the eligible return window, opened items or damaged items, we may charge a restocking fee or issue a partial refund.

In the case that Akme sells a virtual product, such as a virtual/digital ticket to an event (presented by an Event Host) which grants the purchaser the nonexclusive limited license to access the virtual event through Akme Services, the virtual product does not grant the buyer the right to physically attend the actual event in person.

If Akme sells a virtual product offered by an Event Host, the Event Host may change the start date and time for any Akme event at any time. In the situation where an Event Host cannot complete their Akme event at the designated date and time in Akme, for any reason whatsoever, the Event Host may delay or reschedule the event to another date and time at its discretion.

Akme and the Event Host do not offer Akme virtual product refunds to members for a delayed event since the member who purchased the virtual product was granted a limited license to the purchased product’s content immediately upon ticket purchase.

 

PRODUCT DESCRIPTIONS

Akme attempts to be as accurate as possible. However, Akme does not warrant that product descriptions or other content of any Akme Service is accurate, complete, reliable, current, or error-free. If a physical product offered by Akme itself is not as described, your sole remedy is to return it in unused condition. If a virtual/digital product offered by an Event Host in Akme is not as described, a refund less a handling charge may be issued at the discretion of the Event Host and Akme at our sole discretion.

Virtual Product Transactions: Akme may offer digital goods for sale. Purchases of Akme On Demand virtual/digital products and videos (“Virtual products”) are governed by our Akme On Demand Viewer Agreement

·        VIRTUAL PRODUCT ACTIVATION: If an Akme member purchases an Akme virtual product to an Akme Event Host’s event, the holder of this Akme virtual product voluntarily assumes all risks and danger incidental to any event for which this virtual product is issued and waives all claims against Akme, the event sponsor, the owner of the facility or event, the ticket producer or issuer. Admission to the virtual event is subject to compliance with all laws and event rules and the virtual product holder consents to reasonable security examinations to ensure compliance. Failure to comply with the law or event rules may result in refusal of admission or expulsion. No unauthorized recording or rebroadcasting of event is permitted.

·        VIRTUAL PRODUCT EXPIRATION: If an Akme member purchases an Akme virtual product to an Akme Event Host’s event, the virtual product holder is granted a limited license from the date of purchase to review the Akme event’s content and to post content in the Akme event and this limited license expires based on the terms set forth by the Event Host for the virtual product as defined in the Akme Event Listing product page at time of purchase and in Akme On Demand View Agreement.

 

PRICING

“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, event host, or seller. From time to time, we reserve the right to check List Prices against prices recently found on Akme and other retailers. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product on Akme.

With respect to items sold by Akme, we cannot confirm the price of an item until you offer to purchase the item by placing an order. Despite our best efforts, a small number of the items in our catalogue may be mispriced. If the correct price of an item sold by Akme is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

 

APP PERMISSIONS

When you use apps created by Akme, such as the Akme App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.

 

SANCTIONS AND EXPORT POLICY

You may not use any Akme Service if you are the subject of Canadian sanctions or of sanctions consistent with Canadian law imposed by the governments of the country where you are using Akme Services. You must comply with all Canadian or other export and re-export restrictions that may apply to goods, software (including Akme Software), technology, and services.

OTHER BUSINESSES

Parties other than Akme operate stores, provide services or software, or sell product lines through the Akme Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Akme. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals (including the content of their Web sites). Akme does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC’S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

THE Akme SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Akme SERVICES ARE PROVIDED BY Akme ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.

Akme MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE Akme SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Akme SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE Akme SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, Akme DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Akme DOES NOT WARRANT THAT THE Akme SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Akme SERVICES; ITS SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM Akme ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, Akme WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY Akme SERVICE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY Akme SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

 

DISPUTES

(May not be applicable to Quebec consumers) Any dispute or claim relating in any way to your use of any Akme Service, or to any products or services sold or distributed by Akme or through Akme Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Ontario Arbitrations Act and Canadian federal arbitration laws apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Conditions of Use as a court would.

The arbitration will be conducted by the Canadian Arbitration Association (CAA) under its rules, including the CAA’s Supplementary Procedures for Consumer-Related Disputes. The CAA’s rules are available at https://www.canadianarbitrationassociation.ca

Payment of all filing, administration and arbitrator fees will be governed by the CAA’s rules. We will reimburse those fees for claims totalling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Akme will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

 

APPLICABLE LAW

(May not be applicable to Quebec consumers) By using any Akme Service, you agree that the Ontario Arbitration Act, applicable Canadian federal laws, and the laws of the province of Ontario, Canada, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Akme.

For Quebec consumers: These Conditions of Use and any dispute of any sort that might arise between you and Akme shall be governed by the laws of the Province of Quebec, without reference to its conflict of laws provisions, and the laws of Canada applicable therein, and any disputes will be submitted to the courts of competent jurisdiction of the District of Montreal (Quebec).

Please review our other policies, such as our privacy policy, posted on the Akme site. These policies also govern your use of Akme Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

OUR ADDRESS

David+ Lincoln Productions, Inc.

1801 – 1 Yonge Street

Toronto Ontario, M5E 1W7 Canada

https://www.getakme.com

ADDITIONAL AKME SOFTWARE TERMS

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Akme Services (the “Akme Software”).

1.       Use of the Akme Software. You may use Akme Software solely for purposes of enabling you to use the Akme Services as provided by Akme, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Akme Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or licence the Akme Software in whole or in part. All software used in any Akme Service is the property of Akme or its software suppliers and is protected by Canadian and international copyright laws.

2.      Use of Third Party Services. When you use the Akme Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

3.     No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Akme Software, whether in whole or in part.

4.     Updates. We may offer automatic or manual updates to the Akme Software at any time and without notice to you.

5.     Export Regulations. You must comply with all export and re-export restrictions and regulations of the Canadian Department of Commerce, Foreign Affairs and International Trade Canada, and other Canadian agencies and authorities that may apply to the Akme Software.

6.     Conflicts. In the event of any conflict between these Conditions of Use and any other Akme or third-party terms applicable to any portion of Akme Software, such as open-source licence terms, such other terms will control as to that portion of the Akme Software and to the extent of the conflict. We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances. Written claims concerning copyright infringement must include the following information:

·        A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;

·        A description of the copyrighted work that you claim has been infringed upon;

·        A description of where the material that you claim is infringing is located on the site;

·        Your address, telephone number, and email address;

·        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;

·        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 owner.

Last updated: January 9, 2024