By using our Services, you are accepting these Terms, so please review them carefully before using our Services. If you do not agree to all of our terms outlined below, then please do not use our Services. Your right to use our Services is conditioned upon acceptance of and compliance with these Terms. IF YOU DO NOT CONSENT TO THESE TERMS PLEASE DO NOT USE OUR SERVICES.
We reserve the right to terminate (or temporarily suspend) your access and use of the Services at any time at our sole discretion, with or without notice to you. In particular, we may choose to do so if you do not comply with these Terms.
If your rights regarding access to and use of the Services are suspended or terminated, you agree to make no further attempt to access or use the Services during such suspension or after termination.
We are based in San Francisco, California, USA and provide Services from this location. Although our Services are accessible throughout the world, we reserve the right to limit, in our sole discretion, the provision and quantity of any feature or part of our Services to any person or geographic area.
We also reserve the right to modify, suspend, interrupt or terminate our Services or any part thereof, at any time and for any reason, and with or without notice to you. You agree that we will not be liable to you or any third party for any such modification, suspension, interruption or termination of the Services or any part thereof.
No User Account and Personal Responsibility
We do not store user accounts and the concept of users accounts are not contemplated by Okoa. A unique token generated by Okoa is stored on our servers identifying your mobile device. We only know that your mobile device is associated with the organization where you authenticated our email correspondence. It is your responsibility, however, to keep your information secure. You are responsible for all activity that occurs through the use of your mobile device and you may be held responsible for any losses incurred by us or any other user of our Services that are in any way related to your failure to maintain control of your mobile device.
Third Party Content
Through our Services, third parties may make available materials, information and services, such as photographs, text, graphics, pictures, sound, video, information and software applications (collectively "Third Party Content"). Such Third Party Content may be governed by separate license agreements that accompany such content.
Although we may monitor Third Party Content, and may set up controls of the same, we are under no obligation to investigate, monitor or check for accuracy, appropriateness, or completeness of such Third Party Content. We offer no guarantees and we assume no responsibility or liability of any type with respect to such Third Party Content, including any liability resulting from incompatibility between the Third Party Content and our Services. You agree that you will not hold us responsible or liable with respect to the Third Party Content or seek to do so.
Also, we may provide links to third party websites or other properties to you only as a convenience, and the inclusion of a link does not imply our approval or endorsement. Any issues or concerns regarding any such site should be directed to the owner or operator of that site or property.
The following additional terms and conditions apply with respect to any Mobile Application that Okoa provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”): You acknowledge that these Terms are between you and Okoa only, and not with Apple, Inc. (“Apple”).
Your use of Okoa’s iOS App must comply with Apple’s then-current App Store Terms of Us.
Okoa, and not Apple, is solely responsible for our iOS App and the Services and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
You agree that Okoa, and not Apple, is responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App.
You agree that Okoa, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
You agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of Okoa’s iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
The Services may not be available in all locations, and we may block access to the Services from certain locations based on your device’s geolocation information; we may add to or remove the areas in which the Services are not available at any time, without notice to you.
By using, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age, but are at least 17 years old (a “Minor”), that that you have received your parent’s or legal guardian’s permission to use the Services and agree to these Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless Okoa if the Minor breaches any of these Terms. If you are not at least 17 years old, you may not use the Services at any time or in any manner.
Okoa provides content through the Services that is copyrighted and/or trademarked work of Okoa or Okoa’s third-party licensors and suppliers or other users of the Services (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content.
Subject to the terms and conditions of these Terms, and your compliance with these Terms, Okoa hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use the Services solely for your personal use. Except for the foregoing license, you have no other rights in the Services or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Services or Materials in any manner. If you breach any of these Terms, the above license Okoa terminate automatically and you must immediately delete the Okoa app and destroy any downloaded or printed Materials.
When using the Services and/or the services, you agree not to:
This list of prohibitions provides examples and is not complete or exclusive. Okoa reserves the right to (a) terminate access to your account, your ability to post to the Services (or use the Services) and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Okoa determines is inappropriate or disruptive to the Services or to any other user of the Services. Okoa may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Okoa’s discretion, Okoa will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Services or on the Internet.
Unauthorized use of any Materials or Third-Party Content contained in the Services may violate certain laws and regulations. You agree to indemnify and hold Okoa and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Okoa or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of the Services or the use of the Services by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party.
Our Community Guidelines provide important information about permissible User Content and User conduct. We cannot guarantee that you will not encounter objectionable content on our Services. By using our Services, you agree to our Community Guidelines and they constitute an integral part of these Terms.
When using our Services, you may submit content, including without limitation picture posts and user comments ("User Content"). You are solely responsible for your User Content and the consequences of submitting and publishing your User Content through our Services.
We reserve the right to suppress or delete any User Content that we, in our sole discretion, deem inappropriate or to be violating these Terms or our Community Guidelines, such as, but not limited to, User Content containing nudity, pornography, obscenity, or abusive or bullying content. For more information about permissible and prohibited User Content, please refer to our Community Guidelines.
By submitting User Content to our Services, you affirm, represent and warrant that you are the creator and owner of or have the necessary licenses, rights, consents, and permissions to submit such User Content to our Services and to grant us the rights and licenses as set forth hereinafter. You also represent that your User Content does not and will not infringe, violate or misappropriate any third-party rights, including any patent, trademark, trade Okoa, copyright, right of publicity, or any other intellectual property or proprietary right.
By submitting User Content to our Services, you are hereby granting us a license to all Intellectual Property and other proprietary rights in and to such User Content for the use of your User Content with our Services. For clarification, you retain all of your ownership rights in your User Content, but by submitting your User Content to our Services, you hereby: (a) grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable and sublicensable license to use, reproduce, distribute, publish, modify and prepare derivative works of, publicly display and perform such User Content in connection with our Services and our (and our successors’, assigns’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels; and (b) grant each user of our Services a worldwide, non-exclusive, royalty-free, perpetual, irrevocable and sublicensable license to use, reproduce, distribute, publish, modify and prepare derivative works of, publicly display and perform your User Content as permitted through the functionality of our Services and under these Terms. The above license granted by you to each other user of our Services in your User Content terminates after you remove or delete your User Content from our Services, unless you have published your User Content or shared it with other users prior to its removal, and they have not deleted it.
Unless otherwise stated, all materials on our Services, including, but not limited to, text, graphics, images, illustrations, designs, icons, photographs, video clips, and any written and other content that appear as part of our Services, as well as their selection and arrangement and their "look and feel", are, insofar applicable, protected by copyright, trademark, trade dress, patent and/or other intellectual property and proprietary rights (collectively "Intellectual Property"), and any unauthorized use of such material may violate the Okoa Intellectual Property.
Nothing in these Terms shall transfer from us or any of our third party licensors to you any Okoa Intellectual Property or third party Intellectual Property. All right, title and interest in and to our Services and the Okoa Intellectual Property are and will remain the exclusive property of Okoa.
The Okoa Intellectual Property, as well as any third party trademarks, logos and service marks contained in our Services, may not be used in connection with any product or service in any manner that is likely to cause confusion, and may not be copied, imitated, or used, in whole or in part, without our or the third party owner’s prior written permission.
Intellectual Property Infringement
Okoa respects the intellectual property rights of others, and we ask you to do the same. Okoa may, in appropriate circumstances and at our discretion, terminate service and/or access to the Services for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Okoa’s designated agent the following information:
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Please send correspondence to:
Okoa Mobile Corporation;
Attention: DMCA Legal Notice
33 New Montgomery St, Suite 1500
San Francisco, CA 94105
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 other law, to submit the content to Okoa, you may send a counter-notice containing the following information to the address above. Please provide:
If a counter-notice is received by the Copyright Agent, Okoa may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Okoa, Inc.’s sole discretion.
Compliance with Law
You may only use our Services in compliance with all applicable local, state, national and international laws, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy as well as U.S. export laws and regulations. You are not permitted to access or use our Services in any jurisdiction that does not give effect to these Terms. If you access or use our Services from a location outside the United States, you are solely responsible for complying with applicable local laws. Just as we require you to abide by the law, we must do so as well.
We may monitor User Content and where deemed appropriate take proactive steps, including without limitation notification to appropriate authorities. For example, if we read about illegal activity or imminent threats, we may inform law enforcement agencies. You hereby expressly acknowledge and agree to such monitoring.
OUR SERVICES AND ANY CONTENT MADE AVAILABLE THROUGH OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS WITH RESPECT TO OUR SERVICES AND CONTENT MADE AVAILABLE THROUGH OUR SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF OUR SERVICES, THAT THE FUNCTIONS CONTAINED IN OUR SERVICES OR PERFORMED BY OUR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY PART OF OUR SERVICES WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN OUR SERVICES WILL BE CORRECTED, OR THAT OUR SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR AN APPROVED REPRESENTATIVE SHALL CREATE A WARRANTY. ALL INFORMATION PROVIDED ON OR THROUGH OUR SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE. WE CANNOT AND DO NOT ENSURE OR WARRANT THAT ANYTHING YOU DOWNLOAD FROM OUR SERVICES WILL NOT CONTAIN VIRUSES OR OTHER DESTRUCTIVE ELEMENTS.
In such jurisdiction that do not allow for the exclusion of implied warranties or limitations on statutory rights of a consumer, the above exclusions and limitations will be valid to the fullest extent allowed by applicable law.
Limitation of Liability
Okoa SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SERVICES. IN NO EVENT SHALL Okoa BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF Okoa KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
We welcome your questions, comments and concerns. You understand and agree that Okoa is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the feedback, and you have no right to compel such use, display, reproduction, or distribution. Please send your feedback to hello[atsign]okoa.co.
If you have any questions about these Terms or otherwise need to contact Okoa for any reason, you can reach us at hello[atsign]Okoa.co.