terms of service

KADOO INC.

TERMS OF SERVICE

1. Acceptance of Terms. Kadoo Inc. (“Kadoo”) provides its service to you subject to these Terms of Service. Your use of Kadoo’s service constitutes your acknowledgement of, and agreement with, the Terms of Service. The Terms of Service may be updated by Kadoo from time to time without notice to you. You can review the most current version of the Terms of Service at any time at http://www.kadoo.com/general/Terms. In addition, when using particular Kadoo owned or operated services, you shall be subject to any posted guidelines, policies or rules applicable to such services, which may be posted from time to time. All such guidelines, policies or rules are hereby incorporated by reference into the Terms of Service. Kadoo may also offer other services that are governed by different terms of service. For the purposes of the Terms of Service, “User” means a person, including a member of the general public, who access Kadoo’s website or Service (as defined in Section 2) and “Registered User” means a User who has completed the Service’s registration process (as may be in effect from time to time) and received a password and account designation.

2. Description of Service. Kadoo provides its Users with access to a rich collection of resources (collectively, the “Service”), including:

· communications tools (such as e-mail, blogs, chat, personals, and groups);

· calendar tools;

· contacts management;

· shopping services (such as auctions);

· search services;

· storage and sharing of Content (as defined in Section 6 below);

· games;

· bookmarks; and

· programmatic access to and, interfaces with, other World Wide Web sites, resources, or services.

You also understand and agree that:

· the Service is provided “AS IS” and “AS AVAILABLE” and that Kadoo assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any Registered User’s communications or personalization settings;

· you are responsible for obtaining access to the Service, that access may involve third-party fees (such as Internet service provider or airtime charges), and that you are responsible for those fees (including those fees associated with the display or delivery of advertisements);

· you must provide and are responsible for all equipment necessary to access the Service;

· the Service may include advertisements and that these advertisements are necessary for Kadoo to provide the Service;

· the Service may index your Content and that such indexing is necessary for Kadoo to provide the Service;

· the Service may include certain communications from Kadoo, such as service announcements, administrative messages and the Kadoo Newsletter, and that these communications are considered part of Kadoo membership and you will not be able to opt out of receiving them; and

· unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the Terms of Service.

Please be aware that Users may have created certain areas on the Service that contain adult or mature Content. You must be at least 18 years of age to access and view such areas.

3. Your Use and Registration Obligations. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Kadoo has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Kadoo has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

Kadoo is concerned about the safety and privacy of all its Users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the Service must create a Kadoo Group. When you create a Kadoo Group and add your child to the Kadoo Group, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed on the Kadoo Group. By adding a child to your Kadoo Group, you also give your child permission to access many areas of the Service, including, without limitation, email, and instant messaging. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Service areas and/or Content are appropriate for your child.

4. Kadoo Privacy Policy. Registration Data and certain other information about you is subject to Kadoo’s Privacy Policy. For more information, see our full privacy policy at http://www.kadoo.com/general/PrivacyPolicy. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Kadoo and its affiliates.

5. Registered User Account, Password and Security. You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree (a) to immediately notify Kadoo of any unauthorized use of your password or account or any other breach of security and (b) to exit from your account at the end of each session. Kadoo cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6. Registered User’s Conduct. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Kadoo, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Kadoo does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Kadoo be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

· upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

· harm minors in any way;

· impersonate any person or entity (including, but not limited to, a Kadoo official, group leader, guide or host) or falsely state or otherwise misrepresent your affiliation with a person or entity;

· forge headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted to or through the Service;

· upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

· upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;

· upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising or promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Policy Against Spamming and Unethical Marketing Activities at http://www.kadoo.com/general/SpamPolicy;

· upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

· disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other Users of the Service are able to type, or otherwise act in a manner that negatively affects other Users’ ability to engage in real time exchanges;

· interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

· violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

· provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;

· “stalk” or otherwise harass another; or

· collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above.

You acknowledge that Kadoo may or may not pre-screen Content, but that Kadoo and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, Kadoo and its designees shall have the right to remove any Content that violates the Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You acknowledge, consent and agree that Kadoo may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Kadoo, its Users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Kadoo and/or Content providers who provide Content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

7. Interstate Nature of Communications on Kadoo Network. You acknowledge that in using the Service you will be causing communications to be sent through Kadoo’s computer networks, portions of which are located in Washington, D.C. and Virginia, and other locations in the United States and portions of which are located abroad. As a result, and also as a result of Kadoo’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, you acknowledge that use of the Service results in interstate data transmissions.

Kadoo Email and Chat will allow you and the people with whom you communicate to save your conversations in your Kadoo accounts located on Kadoo servers. This means you can access and search your message history from any computer with access to the internet. Whether or not you use this feature, other Users may choose to use it to save conversations with you in their account on Kadoo too. Your agreement to the Terms of Service constitutes your consent to allow Kadoo to store these communications on its servers. From time to time Kadoo will send you notices through the Kadoo Chat Service to let you know about important changes to the Kadoo Chat or related Services. Such messages may not be received if you violate the Terms of Service by accessing the Service in an unauthorized manner. Your agreement to the Terms of Service constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.

8. Special Admonitions for International Use. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

9. Content Submitted or Made Available for Inclusion on the Service. Kadoo does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Kadoo the following worldwide, royalty-free and non-exclusive license(s), as applicable:

(a) With respect to Content you submit or you choose to make publicly available on Kadoo or on specific Kadoo-niverses, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting Kadoo or the specific Kadoo-niverses to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Kadoo removes such Content from the Service.

(b) With respect to files, photos, blogs, websites, audio, or video you submit or make available via sharing controls for inclusion on publicly accessible areas of the Service other than Kadoo or Kadoo-niverses, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Kadoo removes such Content from the Service.

(c) With respect to Content other than files, photos, blogs, websites, audio, or video you submit or make available via sharing control for inclusion on publicly accessible areas of the Service other than Kadoo or Kadoo-niverses, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

“Publicly accessible” areas of the Service are those areas of the Kadoo network of properties that are intended by Kadoo to be available to the general public or that Kadoo’s Users have made available to the general public. By way of example, publicly accessible areas of the Service would include the Kadoo Welcome Page, which is open to both Registered Users and visitors. However, publicly accessible areas of the Service would not include portions of the Service of Kadoo or Kadoo-niverses that are limited to Registered Users, Kadoo services intended for private communication such as Kadoo Mail or Kadoo Chat, or areas off of the Kadoo network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Kadoo.

10. Contributions to Kadoo. By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to Kadoo through its suggestion or feedback web pages, you acknowledge and agree that (a) your Contributions do not contain confidential or proprietary information, (b) Kadoo is not under any obligation of confidentiality, express or implied, with respect to the Contributions, (c) Kadoo shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide, (d) Kadoo may have something similar to the Contributions already under consideration or in development, (e) your Contributions automatically become the property of Kadoo without any obligation of Kadoo to you, and (f) you are not entitled to any compensation or reimbursement of any kind from Kadoo under any circumstances.

11. Indemnity. You agree to indemnify and hold (i) Kadoo, (ii) its subsidiaries, affiliates, directors, officers, employees, agents, stockholders, partners and licensors, and (iii) its Business Customers (as defined below) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another. For the purposes of the Terms of Service, a “Business Customer” is a customer or client of Kadoo who is a party to a contract, agreement, or arrangements with Kadoo (other than the Terms of Service) relating to the provision of services by Kadoo for the benefit of (i) such customer or client and/or (ii) beneficiaries designated by such customer or client.

12. No Resale of Service. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Kadoo ID), use of the Service, or access to the Service.

13. General Practices Regarding Use and Storage. You acknowledge that Kadoo may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Kadoo’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Kadoo has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Kadoo reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Kadoo reserves the right to modify these general practices and limits from time to time.

14. Modifications to Service. Kadoo reserves the right (i) to modify, suspend, or discontinue the Service (or any part thereof), (ii) to modify your e-mail address and to assign your previous e-mail address to another User, and (iii) to modify your domain name / uniform resource locator, in each case in its sole discretion, at any time and from time to time, and with or without notice. You agree that Kadoo shall not be liable to you or to any third party for any modification, suspension or discontinuance.

15. Termination. You agree that Kadoo may, under certain circumstances and without prior notice, immediately terminate your Kadoo account, any associated email address, and access to the Service. Cause for such termination shall include, without limitation, (a) breaches or violations of the Terms of Service or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your Kadoo account includes (a) removal of access to all offerings within the Service, including but not limited to Kadoo-niverses, Kadoo Mail, Kadoo Chat, Personals, and Notifications, (b) deletion of your password and all related information, files and Content associated with or inside your account (or any part thereof), and (c) in certain circumstances, barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Kadoo’s sole discretion and that Kadoo shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.

16. Dealings with Advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. 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 or as the result of the presence of such advertisers on the Service.

17. Links. The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Kadoo has no control over such sites and resources, you acknowledge and agree that Kadoo is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Kadoo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

18. Kadoo’s Proprietary Rights. You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by Kadoo or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

Kadoo grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Kadoo for use in accessing the Service.

19. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KADOO, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, STOCKHOLDERS, PARTNERS AND LICENSORS, AND ITS BUSINESS CUSTOMERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

KADOO, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, STOCKHOLDERS, PARTNERS AND LICENSORS, AND ITS BUSINESS CUSTOMERS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KADOO OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

20. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT KADOO, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, STOCKHOLDERS, PARTNERS AND LICENSORS, AND ITS BUSINESS CUSTOMERS SHALL NOT BE LIABLE TO YOU 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 KADOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (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 SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

21. Exclusions and Limitations. 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 OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.

22. Special Admonition for Services Relating to Financial Matters. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. Kadoo and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information.

23. No Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in the Terms of Service, there shall be no third-party beneficiaries to this agreement.

24. Notice. Kadoo may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, SMS, MMS, text message, postings on the Service, or other reasonable means now known or hereinafter developed.

25. Trademark Information. The Kadoo name and the Kadoo symbol, as well as Kadoo’s other trademarks, service marks, logos, product names, and service names, are trademarks of Kadoo (the “Kadoo Marks”). Without Kadoo’s prior permission, you agree not to display or use the Kadoo Marks in any manner.

26. Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement. Kadoo may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of Users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise infringed, please provide Kadoo’s Copyright Agent with the following information:

· an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

· a description of the copyrighted work or other intellectual property that you claim has been infringed;

· a description of where the material that you claim is infringing is located on the site;

· your address, telephone number, and email address;

· 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;

· a statement by you, made under penalty of perjury, that such information is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Kadoo’s Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

c/o Kadoo Inc.

1300 Eye Street NW

Suite 1090

Washington, DC 20005

Fax: (202) 315-3020

27. General Information.

(a) Entire Agreement. The Terms of Service (including the documents incorporated by reference into the Terms of Service) constitutes the entire agreement between you and Kadoo with respect to the Service and governs your use of the Service, superseding any prior agreements between you and Kadoo with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Kadoo services, affiliate services, third-party Content or third-party software.

(b) Choice of Law and Forum. The Terms of Service and the relationship between you and Kadoo shall be governed by the laws of the District of Columbia without regard to its conflict of law provisions. You and Kadoo agree to submit to the personal and exclusive jurisdiction of the courts located within the District of Columbia.

(c) Waiver. The failure of Kadoo to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.

(d) Severability of Terms. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

(e) No Right of Survivorship and Non-Transferability. You agree that your Kadoo account is non-transferable and any rights to your Kadoo ID or the Content within your account terminate upon your death.

(f) Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one year after such claim or cause of action arose or be forever barred.

(g) Headings. The headings in the Terms of Service are for convenience only and have no legal or contractual effect.

28. Violations. Please report any violations of the Terms of Service to our Support Group.

Last updated on June 19, 2008

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