This page contains the terms and conditions ("Terms and Conditions") for use of the Kudoroo website ("Consumer Service") offered by Kudoroo, LLC. ("Kudoroo" or "We").
By using the Consumer Service in any form, you agree to be bound by these Terms and Conditions. You are only authorized to use the Consumer Service (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms and Conditions. If you do not agree, you should not accept these terms and/or discontinue use of the Consumer Service immediately.
Use of the Consumer Service
Kudoroo reserves the right, in its sole discretion, to reject, restrict, suspend, or terminate all or any part of the Consumer Service at any time, for any or no reason, with or without prior notice, and without liability.
Eligibility. Use of the Consumer Service is void where prohibited. By using the Consumer Service, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Consumer Service does not violate any applicable law or regulation. Your account may be deleted without warning, if we believe that you are under 14 years of age.
Term. These Terms and Conditions shall remain in full force and effect while you use the Consumer Service. Kudoroo may terminate your account at any time, without warning. Even after your account is terminated, these Terms and Conditions will remain in effect.
Password. When you sign up, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, or password of another user at any time or todisclose your password to any third party. You agree to notify Kudoroo immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Use. The Consumer Service is made available to you for your use in compliance with all applicable laws, rules and regulations, and may not be used in connection with any endeavors except those that are specifically endorsed or approved by Kudoroo, illegal and/or unauthorized use of the Consumer Service, including collecting information about users by electronic or other means, for the purpose of sending unsolicited messages. Appropriate legal action will be taken for any illegal or unauthorized use of the Consumer Service. Kudoroo reserve the right to refuse or discontinue participation to any user at any time, in its sole discretion.
Rights in Content. By publishing ("posting") or transmitting ("sending") any content, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials (collectively, "Content") on or through the Consumer Service, you hereby grant to Kudoroo, a non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on and through the Consumer Service. You represent and warrant that: (i) you own the Content posted on or sent by you through the Consumer Service or otherwise have the right to grant the license set forth in this section, and (ii) the Content posted on or sent by you through the Consumer Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted on or sent by you through the Consumer Service.
Content. Kudoroo may delete any Content that in the sole judgment of Kudoroo violates these Terms and Conditions or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Kudoroo assumes no responsibility for monitoring the Consumer Service for inappropriate Content or conduct. If at any time Kudoroo chooses, in its sole discretion, to monitor the Consumer Service, Kudoroo nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the user submitting any such Content. You are solely responsible for the Content that you post on or send through the Consumer Service, and any material or information that you transmit to others. Kudoroo does not endorse and has no control over the Content. Content is not necessarily reviewed by Kudoroo prior to posting or sending and does not necessarily reflect the opinions or policies of Kudoroo. Kudoroo makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to others.
Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to send through the Consumer Service. Kudoroo reserves the right to investigate and take appropriate legal action against anyone who, in Kudoroo sole discretion, violates this provision, including without limitation, terminating the account of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Kudoroo: (1) threaten, bully or humiliate any other person, (2) are obscene or pornographic, (3) depict violence against people or property, (4) could violate the ownership rights of other people or companies, including trademarks or copyrights, (5) promote or depict racism, bigotry or hatred toward any individual or group.
You may not modify, copy, license, or create derivative works of the Consumer Service, unless you have an agreement with Kudoroo.
You acknowledge that Kudoroo or third parties own all right, title and interest in and to the Consumer Service, portions thereof, or software or content provided through or in conjunction with the Consumer Service, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to (and agree not to allow third parties to) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Consumer Service. You also agree to (and agree not to allow third parties to) not remove, obscure, or alter Kudoroo or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Consumer Service.
You agree to indemnify and hold Kudoroo, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys fees, made by any third party due to or arising out of your use of the Consumer Service in violation of these Terms and Conditions and/or arising from a breach of these Terms and Conditions and/or any breach of your representations and warranties set forth above and/or if any Content that you send through the Consumer Service causes Kudoroo to be liable to another.
If you have comments on the Consumer Service or ideas on how to improve it, please contact Kudoroo by emailing feedback at kudoroo dot com. Please note that by doing so, you also grant Kudoroo and third parties permission to use and incorporate your ideas or comments into the Consumer Service (or third party software or content) without compensation or approval.
Changes to Terms and Conditions
Kudoroo reserves the right to modify these Terms and Conditions from time to time in its sole discretion, without notice or liability to you. You agree to be bound by these Terms and Conditions, as modified. Please review the most current version of the Terms and Conditions from time to time, located at https://www.kudoroo.com/terms (or such successor URL as Kudoroo may provide), so that you will be apprised of any changes.
Disclaimer of Warranties
Kudoroo and any third party who makes its software or content available in conjunction with or through the Consumer Service disclaim any responsibility for any harm resulting from your use (or use by your employees, agents or contractors) of the Consumer Service and/or any third party software or content accessed in conjunction with or through Kudoroo. KUDOROO AND ANY THIRD PARTY SOFTWARE AND CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE CONSUMER SERVICE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. KUDOROO AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. KUDOROO AND ANY THIRD PARTY WHO MAKES ITS SOFTWARE OR CONTENT AVAILABLE IN CONJUNCTION WITH OR THROUGH THE CONSUMER SERVICE DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE CONSUMER SERVICE AND SUCH THIRD PARTY SOFTWARE OR CONTENT. YOU UNDERSTAND AND AGREE THAT YOU USE THE CONSUMER SERVICE AND ALL THIRD PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE CONSUMER SERVICE AT YOUR OWN DISCRETION AND RISK. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL KUDOROO OR ANY THIRD PARTY WHO MAKES ITS SOFTWARE OR CONTENT AVAILABLE IN CONJUNCTION WITH OR THROUGH THE CONSUMER SERVICE BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE CONSUMER SERVICE OR SUCH THIRD PARTY SOFTWARE OR CONTENT. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF KUDOROO AND/OR A THIRD PARTY SOFTWARE OR CONTENT PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE CONSUMER SERVICE AND ALL THIRD PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE CONSUMER SERVICE, FROM INABILITY TO USE THE CONSUMER SERVICE AND ALL THIRD PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH KUDOROO, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE CONSUMER SERVICE AND ALL THIRD PARTY SOFTWARE AND CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE CONSUMER SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Governing Law and Venue
Any claim relating to the Consumer Service shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. All claims, legal proceedings or litigation arising in connection with the Consumer Service will be brought solely in the federal or state courts located in King County, Washington, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.