PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE (the "Site"). This Site is fully controlled and operated by KooDooZ, Inc. ("KooDooZ"). By accessing and using this Site, you are hereby agreeing to be legally bound by the terms and conditions of this Terms of Use Agreement. If you do not agree with all of the following terms and conditions, please do not use this Site.
KooDooZ® reserves the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions periodically and before you use the Site. Your continued use of the Site, following the posting of changes and/or modifications, will constitute your acceptance of the revised Terms of Use.
OWNERSHIP OF INTELLECTUAL PROPERTY
All site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, the selection and arrangements thereof, and trademarks, service marks and trade names (the "Material") are the property of KooDooZ and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. KooDooZ hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use only, one copy of any Material that you may download from this Site, including, without limitation, any files, codes, audio or images incorporated in or generated by the Material, provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of KooDooZ. Use of this Site and/or its Material is only permitted with KooDooZ express written permission. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. Any unauthorized or prohibited use of the Material may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
ELIGIBILITY
By using the Site, you represent and warrant that any registration information that you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that your use of the Site and the Material shall not violate any applicable law or regulation. KooDooZ may terminate your membership and delete your membership and any other information you provide without warning, if it is found that you have misrepresented any information which you have provided.
REGISTRATION
You must agree to this Terms of Use Agreement and the terms and conditions of our registration in order to use the Site. You may be required to become a member and registered user of this Site, in order to access some or all of the Site. To do so, you will be required to create a username and password, and provide certain information and, such as your valid email address for any person over the age of 13 or your parent or guardian’s email address for any person 13 and under. Any person under the age of 13 must have the consent of his or her legal guardian or parent to become a member or registered user of this Site. If you become a member, your member name and account may automatically be provided access to any services offered by KooDooZ. Your membership is solely for your personal use, and you shall not authorize others to use your account. You agree to notify KooDooZ immediately of any unauthorized use of your account and you agree to indemnify and hold harmless KooDooZ, its shareholders, directors, officers, employees, affiliates, agents, other partners, and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same.
USER GENERATED CONTENT
To the extent that portions of this Site provide users an opportunity to post and exchange information, videos, pictures, documents, materials, ideas and opinions (the "Postings"), please be advised that Postings do not necessarily reflect the views of KooDooZ. Postings made by you or your minor child may inadvertently disclose personal information about you or them. It is impractical that KooDooZ moderators can catch all such Postings, therefore, IN NO EVENT SHALL KooDooZ ASSUME OR HAVE ANY RESPONSIBILITY OR LIABILTY FOR ANY Postings, OR FOR ANY CLAIMS, DAMAGES OR LOSSESS RESULTING FROM THEIR USE AND/OR APPEARANCE ON THE Site. You hereby represent and warrant that you have all necessary rights in and to all Postings you or your child provide and all information they contain, and that such Postings shall not infringe any proprietary or other rights of third parties, or contain any libelous, tortious, or otherwise unlawful or offensive information.
You hereby authorize KooDooZ to use, and authorize others to use, your Postings, in whole or in part, on a royalty-free basis, throughout the universe in perpetuity, in any and all media, now known or hereafter devised, alone or together, or as part of other material, of any kind or nature. Without limiting the foregoing, KooDooZ will have the right, in its sole discretion, to use and change the Postings in any manner that KooDooZ may determine. Additionally, KooDooZ may, in its sole discretion, periodically sweep its content in any other part of the Site for Posting it deems inappropriate and eliminate such materials.
Postings which contain any of the below shall be considered in violation of this Terms of Use Agreement:
In the absence of KooDooZ written consent to the contrary, the user generated content areas of the Site that allow Postings may be used for noncommercial purposes only. Users may not post any information intended to promote and/or generate revenue for any third party business activity. Although KooDooZ periodically monitors the content posted on this Site, we cannot be responsible for the views or opinions expressed by third parties. Nonetheless, KooDooZ will make every effort to ensure that the user generated content portions of the Site best serve the interests of all users, and, therefore, KooDooZ reserves the right to edit, delete, or refuse to post messages that violate the above-referenced rules of participation, as well as revoke the privileges of users who do not comply with such rules.
If you believe that any content on the Site (including, without limitation, Postings) violates any of the terms of this Terms of Use Agreement, please send us a message about it through the Site. We cannot guarantee that we will respond to your message and we reserve the right to take, or refrain from taking, any or all steps available to us once we receive any such message.
PRIVACY POLICY
Use of the Site is governed by our Privacy Policy, which is incorporated herein by reference and is also subject to change from time to time. We take protection of copyrights, trade and service marks, and proprietary information, both our own and others, very seriously. We therefore employ multiple measures to prevent infringement of proprietary information, copyrights, and trade and service marks throughout this Site, and to promptly end any infringement that might occur.
DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE AND ALL MATERIALS DISPLAYED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
KooDooZ is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site, or with respect to the information and Material displayed on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any Material rests with you.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KOODOOZ, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE, WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS DISPLAYED ON THIS SITE, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY KOODOOZ OR ANY THIRD PARTY.
Notwithstanding the foregoing, in no event shall KooDooZ’s liability to you, for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Site.
CHALLENGE PARTICIPATION
KooDooZ offers the opportunity for KDZ to combine their goals and passions and transform them into real-world achievements by participating in Challenges.
BY SUBSCRIBING TO, AND PARTICIPATING IN, A CHALLENGE ON KOODOOZ, YOU HEREBY AGREE TO ASSUME ALL KNOWN AND UNKNOWN RISKS ARISING OUT OF, OR IN ANYWAY RELATING TO, YOUR PARTICIPATION IN A CHALLENGE. FURTHERMORE, YOU AGREE TO HOLD HARMLESS KOODOOZ AND ITS PARTNERS FROM ANY AND ALL PERSONAL INJURIES, PROPERTY DAMAGES OR OTHER CLAIMS ARISING FROM YOUR PARTICIPATION, INCLUDING CLAIMS THAT ARE KNOWN AND UNKNOWN, FORESEEN AND UNFORESEEN, FUTURE OR CONTINGENT.
THIRD PARTY HYPERLINKS AND ADVERTISEMENTS
The appearance of external hyperlinks and/or Postings generated by third parties does not constitute endorsement by KooDooZ, its subsidiaries and affiliates, of the opinions or views expressed by these third party websites, and KooDooZ does not verify, endorse, or take responsibility for the accuracy, currency, completeness, or quality of the content displayed at these sites. Furthermore, KooDooZ is not responsible for the quality or delivery of the products or services offered, accessed, obtained by, or advertised at such sites. As such, KooDooZ will not be responsible for any errors or omissions, or for the results obtained from the use of information displayed on such sites. Finally, KooDooZ will under no circumstances be liable for any direct, indirect, incidental or special loss, or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution, or exploitation of any information or content contained within these third party hyperlinked websites.
INDEMNIFICATION
You hereby agree to indemnify, defend and hold KooDooZ, and their respective officers, directors, shareholders, employees, agents, licensors, representatives, and third party providers to the Site, harmless from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of this Terms of Use Agreement. KooDooZ expressly 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 KooDooZ in asserting any available defenses.
MISCELLANEOUS
KooDooZ operates and controls this Site from its offices at 13428 Maxella Ave Suite 518 Marina Del Ray, CA, 90292, United States of America. This Site is intended for residents of the United States only. No software from this Site may be downloaded, exported, or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.