oTakhi Terms of Use

Last Revised: August 29, 2009

By downloading and using oTakhi Software, you are agreeing to be bound by the following terms and conditions. If you do not agree to these terms and conditions, you may not use oTakhi and its supporting web services or install and use oTakhi software.

We may, without notice to you, at any time revise these Terms of Use and any other information contained in this Web site by updating this posting. We may also make improvements or changes in the products, services, or programs described in this site at any time without notice.

Basic Terms

  1. You must be 13 years or older to use the services provided by this site and through the software.
  2. You are responsible for any activity performed under your nickname.
  3. You are responsible for keeping your password, certificate, and digital signature key secure.
  4. You must not abuse, harass, threaten, impersonate or intimidate other oTakhi users.
  5. You may not use the oTakhi service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
  6. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links that you submit, post, and display on the oTakhi service.
  7. You must not modify, adapt or hack otakhi.com or modify another website so as to falsely imply that it is associated with otakhi.com.
  8. You must not create or submit unwanted email to any oTakhi members.
  9. You must not transmit any worms or viruses or any code of a destructive nature.
  10. You must not, in the use of oTakhi, violate any laws in your jurisdiction (including but not limited to copyright laws).

Violation of any of these agreements will result in the termination of your aTakhi account. While otakhi.com prohibits such conduct and content, you understand and agree that oTakhi cannot be responsible for the Content posted and shared and you nonetheless may be exposed to such materials at times and that you use the oTakhi service at your own risk.

oTakhi Software Terms

  1. The oTakhi software product is copyrighted freeware. The software can be used without charge but oTakhi retains full rights to the program. All rights reserved.
  2. You are hereby licensed to make as many copies of this software and documentation as you wish; give exact copies of the original software to anyone; and distribute the software and documentation in its unmodified form via electronic means. There is no charge for any of the above.
  3. You are specifically prohibited from charging, or requesting donations, for any such copies, however made; and from distributing the software and/or documentation with other products (commercial or otherwise) without prior written permission.
  4. You may not disassemble or reverse engineer any part of this software.
  5. You may not rent or lease the software.
  6. USE OF THIS SOFTWARE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. OTAKHI EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, OTAKHI MAKES NO WARRANTY OR GUARANTEE THAT THIS SOFTWARE WILL BE FREE FROM BUGS OR VIRUSES. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

General Conditions

  1. We reserve the right to modify or terminate the oTakhi service for any reason, without notice at any time.
  2. We reserve the right to alter these Terms of Use at any time.
  3. We reserve the right to refuse service to anyone for any reason at any time.
  4. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
  5. We reserve the right to reclaim nicknames on behalf of businesses or individuals that hold legal claim or trademark on those nicknames.

Digital Millennium Copyright Act Notices

  1. It is the policy of oTakhi to respect the intellectual property of others and thus to respond to effective notices of alleged infringement of copyrighted material where the copyrighted material is available at, or from, a system or network controlled or operated by or for oTakhi.
  2. If you are alleging that copyrighted material may have been or is being infringed, then you may notify oTakhi, pursuant to the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. 512 (c), by sending a notice to the address listed below. Such notice must include the following to be effective:
    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. A description of the copyrighted work claimed to have been infringed;
    3. A description of the infringing material and information reasonably sufficient to permit MashFabric to locate the material;
    4. Your contact information, including your address, telephone number, and email;
    5. A statement by you that you have 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
    6. A statement that the information in the notification is accurate, and, under penalties of perjury, that you are authorized to act on behalf of the copyright owner.

All notices should be sent to:
Email address           copyright@otakhi.com