Terms of Service

The following Terms of Service (the “Terms”) are a binding contract between you and Hakeema, Inc. (“Hakeema,” “we” and “us”).

If you have any questions, comments, or concerns regarding these terms or the Service, please contact us at support@hakeema.com.

These Terms govern all use of the platforms developed and supported by Hakeema (“Hakeema Platforms”), including, but not limited to, Matterfund.com (“Matterfund”), Aristotly.com ("Aristotly"), and Co-incide.org (“Co-Incide”), and all content, and services available at or through these platforms, (taken together, our “Services”).

Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Privacy Policy) and procedures that may be published from time to time by Hakeema (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades.

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by Hakeema, acceptance is expressly limited to these Terms.

Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (16 years or older in the European Union).

This version of the policy is effective as of May 25, 2018.

Matterfund, Co-Incide, Aristotly

As part of using the Service, you may be required to sign up for an account on Matterfund, Co-Incide, or Aristotly, and select a password and email or user name (your “User ID”).  You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person.

You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure. You must immediately notify Hakeema of any unauthorized uses of your account, or any other breaches of security. Hakeema will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

You will only use the Service and Content in a manner that complies with all laws that apply to you. If your use of the Service is prohibited by applicable laws, then you aren’t authorized to use the Service.  We can’t and won’t be responsible for your use of the Service in any way that breaks the law.

You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Service and gotten your parent or guardian to agree to these Terms on your behalf).  If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

Responsibility of Contributors

You are responsible for all Content you contribute, in any manner, to the Service, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Service and warrant that your content and conduct do not violate these Terms.

Anything you post, upload, share, store, or otherwise provide through the Service is your “User Submission.”  Some User Submissions (such as data you contribute to Hakeema Platforms) are viewable by other users. In order to display your User Submissions on the Service, you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.

For all User Submissions, you hereby grant Hakeema a royalty-free, perpetual, sublicenseable, irrevocable, and worldwide license to translate, modify (including, without limitation, for technical purposes), reproduce, and otherwise act with respect to such User Submissions, in each case to enable us to operate the Service, as described in more detail below.  This is a license only – your ownership in User Submissions is not affected.

If you share a User Submission publicly on the Service and/or in a manner that more than just you or specified specific set of users can view, or if you provide us with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Service (each of the foregoing, a “Public User Submission”), then you grant Hakeema the licenses above, as well as a royalty-free, perpetual, sublicenseable, irrevocable, and worldwide license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all Hakeema Platforms users and providing the Service necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Service and/or otherwise in connection with Hakeema’s business.

Hakeema has the right (though not the obligation) to, in Hakeema’s sole discretion, (i) reclaim your username due to prolonged inactivity, (ii) refuse or remove any content that, in Hakeema’s reasonable opinion, violates any Hakeema policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of Hakeema Platforms to any individual or entity for any reason and without notice.

If you delete Content, Hakeema will use reasonable efforts to remove it from Hakeema Platforms, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Prohibited Uses

When using Matterfund, Co-Incide, or Aristotly, you agree not to:

  • Publish material or engage in activity that is illegal under applicable law.
  • Disclose the sensitive personal information of others.
  • Send spam or bulk unsolicited messages.
  • Interfere with, disrupt, or attack any service or network.
  • Distribute material that is or enables malware, spyware, adware, or other malicious code.

Responsibility of Visitors

Any information or content publicly posted or privately transmitted through the Service is the sole responsibility of the person or organization from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Service. We can’t guarantee the identity of any users with whom you interact when using the Service and are not responsible for which users gain access to the Service.

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services (if applicable), and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Hakeema shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site, or between users and any third party, you agree that Hakeema is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Hakeema, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Service.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Hakeema Platforms link, and that link to Hakeema Platforms. Hakeema does not have any control over those non-Hakeema Platforms, and is not responsible for their contents or their use. By linking to a non-Hakeema Platform, Hakeema does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Hakeema disclaims any responsibility for any harm resulting from your use of non-Hakeema websites and webpages.

Copyright Infringement and DMCA Policy

As Hakeema asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Hakeema Platforms violates your copyright, you are encouraged to notify Hakeema. Hakeema will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Hakeema will terminate a visitor’s access to and use of the Service if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Hakeema or others.

Intellectual Property

This Agreement does not transfer from Hakeema to you any Hakeema or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Hakeema. Hakeema, Aristotly, Matterfund, Co-Incide, the Hakeema, Matterfund, Aristotly, and Co-Incide logos, and all other trademarks, service marks, graphics and logos used in connection with Hakeema, are trademarks or registered trademarks of Hakeema or Hakeema’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Hakeema or third-party trademarks.

Changes

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes, we may provide you with a notice (such as adding a statement to Hakeema Platforms homepages or sending you a notification through email). Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

Termination

Hakeema may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account on any of Hakeema Platforms (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

Our Services are provided “as is.” Hakeema and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Hakeema nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

Jurisdiction and Applicable Law

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California.

Arbitration Agreement

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.

Limitation of Liability

In no event will Hakeema, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services;  or (iii) for interruption of use or loss or corruption of data. Hakeema shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of our Services will be in strict accordance with the Hakeema Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.

General Representation and Warranty

You represent and warrant that your use of our Services:

  • Will be in strict accordance with this Agreement;
  • Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the United States or the country in which you reside, privacy, and data protection); and
  • Will not infringe or misappropriate the intellectual property rights of any third party.

US Economic Sanctions

You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Hakeema reserves the right to terminate accounts or access of those in the event of a breach of this condition.

Indemnification

You agree to indemnify and hold harmless Hakeema, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

Translation

These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

Miscellaneous

This Agreement constitutes the entire agreement between Hakeema and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Hakeema, or by the posting by Hakeema of a revised version.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Hakeema may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Other Things You Should Know

This Terms of Service was made available under a Creative Commons Sharealike license by Automattic.