Kadoo, Inc. Last updated on December 20, 2010
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE WWW.KADOO.COM WEBSITE OR RELATED SERVICES. KADOO
Welcome to Kadoo.com operated by Kadoo, Inc. ("Kadoo. Inc.", “Kadoo”, "we" or "us").
1. Description of the Kadoo Service
Kadoo is providing the User with an online resource for uploading, hosting and sharing files. The User must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for User’s access to the Internet, and (3) pay any fees relate with such connection.
Kadoo is a leader in media filesharing where you can store, share and publish. Kadoo is your private video cloud. Kadoo's customizable video players, audio players, and document viewers are for the personal use of our Users in a non-commercial environment only. Kadoo allows you to privately share or publicly publish your videos and other files to anywhere including smart phones, TV and social media sites such as Facebook and Twitter. Users can upload their videos (including HD) and selectively share to those they choose or publish it publicly. Capture an HD video on your mobile phone and minutes later share it privately or publicly to friends on almost any device, TV or tablet.
Read this Terms of Service Agreement before accessing this web site. This is a legally binding agreement between you (the "User" or "you") and Kadoo, Inc., a New York corporation ("Kadoo, Inc.", "Kadoo", "we" or “us”).
This Terms of Service Agreement sets forth the standards of use of the Kadoo Service. By using the Kadoo.com web site you agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this web site.
If you do not understand and agree to these Terms of Service, please do not use the Kadoo Site or any Services (as defined below), and do not register to be a user of Kadoo. If you have any questions or concerns regarding these Terms of Service, please let us know by contacting us at email@example.com. Do not use the Services until these questions and concerns have been answered to your satisfaction, and you agree to abide by the terms and conditions of these Terms of Service.
By visiting this Site and/or by completing the registration process for the Services, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by these terms and conditions. Kadoo is available FOR PERSONAL USE ONLY IN A NON-COMMERCIAL CAPACITY ONLY TO USERS 13 YEARS OF AGE OR OLDER. REGISTRANTS BETWEEN THE AGES OF 13 AND 18 MUST HAVE A PARENT ASSIST IN THE COMPLETION OF REGISTRATION.
2. Modifications to the Terms of Service
We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the Kadoo web site. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications.
If you do not agree to the revised terms and conditions, your sole recourse is to immediately stop all use of the Services. Your continued use of the Services following the posting of modifications will constitute your acceptance of the revised terms and conditions. Should you have any questions regarding the use of our Site, please contact firstname.lastname@example.org.
3. Use of the Kadoo Services
Use of the Services is void where prohibited. By accessing or otherwise using the Kadoo Site and/or Services, you are acknowledging and agreeing, and representing and warranting that (i) you have read, understand, and agree to be legally bound and to abide by these Terms of Service, just as if you had signed a written agreement; (ii) you have the right, authority and capacity to enter into this agreement and to abide by all the terms and conditions of these Terms of Service; and (iii) if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party.
You must be an individual of 13 years of age or older to register or use the Services. If you are at least 13 but not yet 18 years of age: Please have your parents or legal guardian review these Terms of Service with you, discuss any questions you might have, and give you their permission to register and use the Services with both your and their full understanding of these Terms of Service. By using the Services, you are telling us that you and your parent or guardian has joined in this agreement.
If you are a parent or guardian: Parents and guardians are advised to exercise supervision over their children's on-line activities. If you do not agree to these Terms of Service, do not let your child use the Services. If you have any further questions about our Services please take a look at our Frequently Asked Questions or contact us at email@example.com. If you are the parent or guardian of a child under 13 and believe that he or she is using the Services without your consent, please contact us.
Kadoo assumes no responsibility for filtering or monitoring the content viewed by its members; accordingly minor members' parents or guardians shall be solely responsible for filtering and/or monitoring their child's use of the Kadoo Site and/or Services.
We reserve the right, at any time, to: (a) modify or discontinue some or all of the Services, including, but not limited to (i) restricting the time the Services are available, (ii) restricting the amount of use of the Services permitted (which may vary depending on membership level), and (iii) restricting or terminating any user's right to use the Services, with or without notice; (b) charge fees in connection with the use of all or part of the Services; (c) modify and/or waive any fees charged in connection with the Services; and/or (d) offer opportunities to some or all users of the Services. You agree that neither we nor any of our affiliates shall be liable to you or to any third party for any modification, suspension or discontinuance of the Services, in whole or in part, or of any service, content or feature offered through the Services. Your continued use of the Services following the posting of changes to these TOS will constitute your acceptance of such changes.
Subject to the above, the terms and conditions set forth herein, and any applicable third party restrictions, Kadoo grants you a revocable, non-transferable, non-exclusive and non-sublicensable limited right and license to view, use and access the Services to (a) incidentally view, print and download the images, text, graphics, photographs, audio, video and other content to the extent made available by Kadoo for such purposes on the Kadoo Site, solely for your informational purposes and for your immediate and private use; and (b) make purchases of goods and services through links found on or through the Services. At all times you must retain all Kadoo or third party copyright and proprietary notices contained in the original materials or any copies thereof. All rights to ownership or use not expressly stated herein are reserved by Kadoo and Kadoo disclaims any and all implied licenses.
In order to use certain Services, you must become a registered user of the Kadoo Site. You agree that Kadoo Site user names may be refused, changed, removed or replaced by us for reasons including, but not limited to, using a user name to impersonate another person, if a user name is offensive or violates third party intellectual property, etc.
If you elect to register to use the Services (whether as a basic member, or as a paid subscriber to Kadoo), utilize the Kadoo Site and/or participate in any Kadoo promotions, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Kadoo registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it accurate. If you provide any information that is untrue, inaccurate, or incomplete, or Kadoo has reasonable grounds to suspect that such is the case, Kadoo has the right to suspend or terminate your account (including paid, membership accounts) and refuse any and all current or future use of the Kadoo Site and/or Services (or any portion thereof).
In addition to any other Registration Data, to register on the Kadoo Site you will be required to choose a password. You are solely responsible for maintaining the confidentiality of any password you may use to access the Services, and agree not to transfer your user name or password, or lend or otherwise transfer your use of or access to the Services, to any third party. You are fully responsible for all activity that occurs in connection with your user name or password. You agree to immediately notify us of any unauthorized use of your user name or password or any other breach of security related to your account or the Services, and to ensure that you "log off"/exit from your account (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
At any time you may elect to become a "Premium" user of the Kadoo Site by subscribing to Kadoo Personal Services and paying the associated subscription fee. Kadoo Premium users have greater storage and bandwidth allocations, and may have access to more areas, functions and types of Services than basic users. For an in depth description of the Kadoo Personal services and benefits, as well as current pricing and subscription offerings click offerings.
In addition to any other rights or remedies available to it, Kadoo reserves the right to immediately suspend, terminate, access and investigate the user account of any user upon receipt of a subpoena or law enforcement request, or when Kadoo believes, in its sole discretion, that a user is transmitting or is otherwise connected with the distribution of unsolicited bulk email messages (SPAM) or any harassing email messages or Forum posts, or with any fraudulent, misleading, illegal or otherwise objectionable activities. Because of the difficulty associated with quantifying damages, if actual damages cannot be reasonably calculated then you agree to pay Kadoo liquidated damages of $5 for each piece of unsolicited bulk email transmitted from or otherwise connected with your account or the maximum liquidated damages permitted under law, whichever is greater; otherwise you agree to pay Kadoo's actual damages, to the extent such actual damages can be reasonably calculated.
You agree that Kadoo, in its sole and absolute discretion, may terminate your password, account (or any part thereof) or use of the Services, and remove and discard any User Content or other content within the Services, for any reason, including, without limitation, if Kadoo believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. Kadoo may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Services.
The provisions of these Terms of Service pertaining to disclaimers, exclusion of damages, limitations of liability and indemnification shall survive termination.
5. User Conduct and Acceptable Use Policy
Kadoo is for consumer use only. Unauthorized use of the Kadoo service is expressly prohibited. You may not use the Services in any way that violates applicable federal, state, or international law, or for any unlawful purpose. Furthermore, you may not use the Services to send, receive, or download messages or materials that are inappropriate or violate the intellectual property rights of Kadoo or others.
To the extent that the Services provide Users an opportunity to store and exchange information, materials, data, files, programs, ideas and opinions (“User Content”), you hereby represent and warrant that you have all necessary rights in and to all User Content you provide and all information contained therein. By registering to use the Services, you understand and acknowledge that Kadoo and its contractors retain an irrevocable, royalty-free, worldwide license to use, copy, and publicly display such content for the sole purpose of providing to you the Services for which you have registered. In the event that you give us the right to distribute your content, additional terms may apply to Kadoo's usage or distribution of this content. You continue to retain all ownership rights in any User Content you provide and shall remain solely responsible for your conduct, your User Content, and any material or information transmitted to other Users for interaction with other Users. Kadoo does not claim any ownership rights in any User Content.
User Content posted by Users is not generally reviewed by Kadoo. Kadoo shall have the right, but not the obligation, to reject, refuse to post, or otherwise monitor all content displayed by users, and may remove or require users to remove all content that Kadoo, in its sole discretion, deems to be (a) inconsistent with these Terms of Service; or (b) possibly in violation of applicable law. In addition, Kadoo has the right to remove any content if Kadoo has reason to believe that displaying such content may infringe the rights of a third party or subject Kadoo to expense or liability. Please notify firstname.lastname@example.org regarding any content that you believe might violate applicable law or your intellectual property rights.
Kadoo reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit Kadoo’s response to a future complaint. You acknowledge and agree that we shall not assume or have any liability for any action or inaction by us with respect to any User Content.
Kadoo reserves the right, in its sole discretion, to deactivate and/or require a change of name for any user Vanity URL for any reason or for no reason. We may exercise such right at any time, with or without prior notice. Upon receipt of notice from Kadoo of its decision, subscriber will immediately provide Kadoo with a replacement name for the Vanity URL acceptable to us, or the Vanity URL will be canceled. Without limiting the generality of Kadoo's discretion, among the reasons we may determine a Vanity URL is unacceptable are abuse of the feature, violation of any of these terms of service, infringement or potential infringement on third party intellectual property rights such as trademark or copyright, misrepresentation, or failure to pay pursuant to the terms of any service agreement.
Additionally, Kadoo reserves the right, without limitation, to terminate your access to and use of the Site and Services if, in our view, your conduct fails to meet any of the following guidelines for User conduct:
· You may not attempt to harm, disrupt, or otherwise engage in activity that diminishes, the Kadoo Site, computer systems and network, or the Services.
· You may not attempt to interfere with any other person’s use of the Services.
· You may not misrepresent your identity or impersonate any person.
· You may not attempt to gain access to any account, computers or networks related to the Services without authorization.
· You may not attempt to obtain any data through any means from the Services, except if we intend to provide or make it available to you.
· You may not attempt to charge others to use the Services either directly or indirectly.
· You may not use the Services to participate in pyramid schemes or chain letters.
· You may not use the Services to send, either directly or indirectly, any unsolicited bulk e-mail or communications or unsolicited commercial e-mail or communications.
· You may not use the Services for defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights of others.
· You may not use the Services to send or otherwise make available, any material protected by intellectual property laws unless you own or control the rights to such material or have received all necessary consents.
· You may not use the Services to send or otherwise make available any material that contains viruses, Trojan horses, worms, corrupted files, or any other similar software that may damage the operation of another’s computer or property.
· You may not use the Services to download any material sent by another User of the Services that you know, or reasonably should know, cannot be legally distributed in such manner.
· You may not use the Services to violate any code of conduct or other guidelines which may be applicable to the Services or the Site.
· You may not use the Services to harvest or otherwise collecting information about others, including e-mail addresses.
· You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by Kadoo in connection with the Kadoo Site or Services.
· You may not use the Services in a manner that results in excessive bandwidth usage, as determined by a representative of Kadoo. Use of the Services on the Site as well as use of the Services on any desktop application will be applied toward such bandwidth usage.
All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of Kadoo. Kadoo reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit Kadoo’s response to a future complaint. You acknowledge and agree that we shall not assume or have any liability for any action or inaction by us with respect to any User Content. Users shall remain solely responsible for User Content, and any material or information transmitted to other Users for interaction with other Users.
6. User Content Uploads
User Content that you upload or otherwise transmit to Kadoo through the Services shall at all times remain your sole and exclusive property. As such, you shall be solely responsible for your User Content and the consequences of their posting or publication on or via the Services.
By submitting your video(s), you hereby grant Kadoo and its affiliates, successors and assigns a worldwide, non-exclusive, royalty-free, sub-licensable (through multiple tiers) and transferable license (with a right to create derivative works to the extent necessary to make video content compatible with any Kadoo Services), revocable upon removing the video from Kadoo, to use, copy, transmit or otherwise distribute, perform, modify, incorporate into other works, publicly perform and display your User Content or any portion thereof, in or through any medium, whether now known or hereafter created.
You also grant each user (or specified users, if a video is designated "private") of the Kadoo Site or Services a limited, non-exclusive, non-transferable, personal and non-commercial license to access and view your video through the Kadoo Site or any other access point authorized by you and/or Kadoo. This right to access and view your video shall include, solely to the extent necessary, the right to copy, transmit or otherwise distribute, perform, publicly perform, create derivative works of, and display your video. Unless designated "private," all video uploads will be deemed public information. No video upload shall be subject to any obligation of confidence on the part of Kadoo, and Kadoo shall not be liable for any use or disclosure of any video.
When you remove or otherwise delete a video from the Services, the licenses granted by you to Kadoo and the Kadoo Site users shall terminate within a commercially reasonable time. You understand and agree, however, that Kadoo may retain (but not display, distribute, or perform) server copies of videos that have been removed or deleted, and that Kadoo shall have no obligation to attempt to remove from distribution any of your videos that are otherwise publicly available through the Internet or other publicly accessible medium.
Kadoo and its service providers utilize diligent efforts to maintain the Services, but Kadoo and its service providers are not responsible for any defects or failures associated with the Services, including, without limitation, the email service, or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures.
7. Disclaimer of Warranties
The Kadoo Site and Services are provided on an “as-is” and “as available” basis. To the fullest extent permitted by applicable law, Kadoo makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Kadoo shall have no liability for any interruptions in the use of this web site. Kadoo disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion may be inapplicable.
8. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DIVSHARE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DIVSHARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE DIVSHARE SITE OR SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES OR OPERATION OF THE DIVSHARE SITE. IN NO EVENT SHALL DIVSHARE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE DIVSHARE SITE.
You acknowledge and agree that Kadoo and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be responsible or liable for (i) any unauthorized access to or alteration of your User Content; (ii) any User Content sent or received or not sent or received, (iii) any User Content stored on storage devices owned, operated or controlled by Kadoo, (iv) any User Content or conduct of any third party, including, but not limited to, content sent using and/or included within the Services provided by any other user of the Kadoo Site or any third party licensors or suppliers of Kadoo.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF ANY OF THE EXCLUSIONS SET FORTH IN THIS SECTION IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN ALL SUCH EXPRESS, IMPLIED AND STATUTORY WARRANTIES SHALL BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST ACCESS THE SERVICES, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY BOX.NET PARTY WITH RESPECT TO THIS CONTRACT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
In the event that, notwithstanding the foregoing disclaimers and indemnification, Kadoo is found responsible to any User for any reason whatsoever, Kadoo's responsibility shall be limited to the amounts actually paid by such user for Kadoo's services, and shall not include punitive damages or consequential or resulting damages of any nature.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS DIVSHARE, ITS PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, REPRESENTATIVES, AGENTS AND THIRD-PARTY PROVIDERS, TO, FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF THE DIVSHARE SITE OR SERVICES, YOUR VIOLATION OF THESE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY DIVSHARE OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
Kadoo reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Kadoo in asserting any available defenses.
10. Modifications and Interruption to Service
Kadoo and its service providers utilize diligent efforts to maintain the Services, but Kadoo and its service providers are not responsible for any defects or failures associated with the Services, including, without limitation, the email service, or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures.
Kadoo reserves the right to modify or discontinue the Service with or without notice to the User. Kadoo shall not be liable to User or any third party should we exercise our right to modify or discontinue the Service. User acknowledges and accepts that Kadoo does not guarantee continuous, uninterrupted or secure access to our web site and operation of our web site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
11. Third-Party Sites
The Services and certain User Content may contain, and other users or third parties may provide, advertisements for or links to other Internet sites or resources. The Services may contain features and functionalities linking you or providing you with certain functionality and access to third party content, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. We may also provide some content to you as part of the Services. We encourage all Users to review said privacy policies of third-parties’ sites.
All transactions using Kadoo's services are between the transacting parties only. Kadoo is not an agent of any transacting party. Any such activities, and any terms associated with such activities, are solely between you and the applicable transacting party. Similarly, we are not responsible for any third party content you access with the Services, and you irrevocably waive any claim against us with respect to such sites and third-party content. Kadoo shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. 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 are solely responsible for your dealings with any third party related to the Services, including the delivery of and payment for goods and services. Should you have any problems resulting from your use of any third party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, we will not be responsible unless the problem was the direct result of our breaches.
12. Disclaimer Regarding Information Provided by Users
You understand that all User Content posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such User Content originated. You are entirely responsible for all User Content that you post or otherwise make available via the Service. You understand that Kadoo does not control, and is not responsible for, User Content made available through the Service.
You acknowledge that Kadoo does not pre-screen or approve User Content, but that Kadoo shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any User Content that is available via the Service, for violating the letter or spirit of the Terms of Service or for any other reason. You agree not to use the Service to transmit any User Content that infringes upon a copyright, or violates applicable state, federal, or international laws, regulations or other government requirements.
Kadoo can make no representations or warranties as to the accuracy or reliability of any information provided on this web site. Kadoo makes no warranties or representations whatsoever with regard to any product provided or offered by any user who posts content on the web site, and you acknowledge that any reliance on representations and warranties provided by any user shall be at your own risk.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, 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 Kadoo 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 understand and agree that Kadoo is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Kadoo, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
13. Governing Jurisdiction of the Courts
Our web site is operated and provided in the State of New York. As such, we are subject to the laws of the State of New York, and such laws will govern this Terms of Service, without giving effect to any choice of law rules. We make no representation that our web site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of New York.
14. Compliance with Laws
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
15. Copyright and Trademark Information
All Services included or available on this Site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is Copyright 2010 Kadoo, Inc., with all rights reserved, or is the property of third parties protected by intellectual property rights. Any use of materials on the web site, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Kadoo is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Kadoo.
16. Intellectual Property Rights and Notices
Except for the licenses granted herein, you have no right, title or interest in or to Kadoo Services. You agree that Kadoo or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to the Kadoo Service.
All contents of the Kadoo’s Site and Services including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement are: Copyright © 2010 Kadoo, Inc., and/or the proprietary property of its suppliers, affiliates, or licensors. The Services may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via a third party Web site or other networked computer environment) without the express prior written consent of Kadoo and/or it suppliers, affiliates, or licensors. All rights reserved.
Kadoo and the Kadoo logo are including without limitation, either trademarks, service marks or registered trademarks of Kadoo, Inc., and may not be copied, imitated, or used, in whole or in part, without Kadoo’s prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.
Kadoo may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in its Site that are part of the Services. Unless we have granted you licenses to our intellectual property in these terms and conditions, our providing you with such Web pages does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.
17. Notices and Procedure for Making Claims of Copyright Infringement
Kadoo respects copyright law and expects Users to do the same. Kadoo expressly prohibits the use of its Services for the illegal transmission of copyrighted material, and will respond if notified by content owners to disable copyrighted material from being transmitted via its Services. In addition, Kadoo may disable individual accounts if these accounts are found to be illegally transferring copyrighted material.
If you believe that your work has been copied in a way that constitutes copyright infringement, please contact email@example.com and provide the written information specified below: (1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) A description of the copyrighted work that you claim has been infringed upon; (3) A description of where the material that you claim is infringing is located on the Site; (4) Your address, telephone number, and e-mail address; (5) 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; (6) 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’s behalf.
18. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Kadoo designates as its agent for receipt of notifications of claimed copyright infringement, firstname.lastname@example.org
19. Other Terms
21. Premium Accounts
Kadoo offers its users the ability to purchase "Premium” accounts that confer on the bearer additional and advanced functionality for a fee. Kadoo may, at its discretion, cancel a user's premium account or underlying account for any reason, including violation of these Terms of Service. Under such circumstances Kadoo will refund to the account holder a pro-rated portion of their paid premium account fees, rounded to the nearest unused whole month.
Kadoo respects the intellectual property of others, and we ask our users to do the same. Kadoo may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. Kadoo will remove infringing materials in accordance with the Digital Millennium Copyright Act if properly notified that content infringes copyright. Our DMCA Notifications and Counter-Notifications process is available, and is hereby incorporated by reference into these Terms of Service.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Kadoo's Copyright Agent with a written notification containing all of the requisite information at email@example.com.
Similarly, if you believe that your work has been removed or disabled by mistake or misidentification, please provide Kadoo with a written counter-notification containing all of the requisite information, firstname.lastname@example.org.
22. Electronic Delivery/Notice Policy And Your Consent
By using the Services, you consent to receive from Kadoo all communications including notices, agreements, legally required disclosures or other information in connection with the Services (collectively, "Contract Notices") electronically. Kadoo may provide such electronic Contract Notices by posting them on the Kadoo Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Kadoo Site and Services.
No failure or delay by Kadoo in exercising any right or privilege under these Terms of Service will operate as a waiver thereof, nor will any single or partial exercise of any right or privilege preclude any other or further exercise thereof or the exercise of any other right or privilege under these Terms of Service. If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
Last updated on December 20, 2010