Last modified February 10, 2015
BINDING CONTRACTUAL TERMS
The Service allows users to transmit text, voice, photo, and/or video messages to other users of the Service or any individual with a cellular phone number. The basic Service is free to use. However, Kindkudos also offers a premium subscription service (the “Premium Service”). The premium service allows the user to store more than 50 messages in the cloud. For more information on the Premium Service, please visit this link.
LINKS TO AND FROM THE SERVICE
The Service may contain links to third party websites and online services (such as apps) that are not owned or controlled by Kindkudos. Kindkudos has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or online services, and You access and use these websites or online services solely at Your own risk. These links are provided for Your reference and convenience only, and do not necessarily imply any endorsement, sponsorship or recommendation of the material on these third-party websites or online services or any association with their operators. In addition, Kindkudos will not and cannot control or edit the content of any third-party website or online service. BY USING THE SERVICE, YOU EXPRESSLY RELEASE KINDKUDOS, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, LICENSEES, AND SUPPLIERS (COLLECTIVELY “THE KINDKUDOS PARTIES”), APPLE AND GOOGLE FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR ONLINE SERVICE AND FROM ANY LOSS OR DAMAGE OF ANY SORT YOU MAY INCUR FROM DEALING WITH ANY THIRD PARTY. Accordingly, We encourage You to be aware when You leave the Service and to read the terms and conditions of use for each other website or online service that You visit.
Kindkudos will apply reasonable measures to protect the security of the information uploaded by You when using the Service and to allow such information to be accessible to other individuals with whom You have elected to share Your content through the Service.
It is Your responsibility and obligation to protect the security of Your log-in details and passwords. Kindkudos strongly recommends that such access details not be shared with any person.
Kindkudos will be entitled (but not required) to apply security measures to protect the Service and the Content and will be entitled to block users (or IP addresses) identified or suspected as being used to access the Service without authorization or for unlawful purposes including for disrupting or damaging the Service.
You will notify Kindkudos of any activity on the Service suspected as being for unlawful purposes including any activity liable to disrupt, gain unauthorized access to, or cause any damage to the Service.
You will notify Kindkudos immediately of any security breach involving the Service of which You become aware including any loss of personal information and any incident where personal information (relating to You) becomes available to unauthorized persons through the Service.
Kindkudos will be entitled to use non-personal information processed on the Service, without limitation, to obtain technical, statistical or other information. Any databases of non-personal information which Kindkudos may create out of the information on the Service from time to time will be part of the Content.
The Service may permit the submission of text, audio recordings, graphics, photos, videos, and messages intended to be sent from one user to another user (“User Messages”) and material, information, comments, feedback, notes, messages, ideas, concepts, know-how, techniques, or other communications submitted by You and other users (“User Feedback”) (“User Messages” and “User Feedback” collectively “User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published or posted, Kindkudos (1) does not guarantee any confidentiality with respect to any User Submissions, (2) does not pay any compensation for User Submissions, and (3) is under no obligation to respond to or post any User Submissions.
You shall be solely responsible for Your own User Submissions and the consequences of sharing them. Kindkudos does not claim ownership of any of Your User Submissions. By submitting User Messages to Kindkudos, You hereby grant Kindkudos and its successors, assigns, and affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers) and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, broadcast, perform, make, use, import, offer to sell, sell, and otherwise transfer and exploit all copyrights, inventions, and other intellectual property rights in the User Messages in connection with the offering the Service.
By submitting User Feedback to Kindkudos, You hereby grant Kindkudos and its successors, assigns, and affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers) and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, broadcast, perform, make, use, import, offer to sell, sell, and otherwise transfer and exploit all copyrights, inventions, and other intellectual property rights in the User Feedback in connection with the Service and Kindkudos’ (and its successors’, assigns’, and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any form and media formats and through any media channels.
In connection with User Submissions, You represent and warrant that You will not: (i) transmit, submit, or post material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to transmit, submit or post the material and to grant Kindkudos all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Kindkudos or any third party; (iii) transmit, submit, or post material that involves gambling, gaming, sweepstakes, and/or any other activity with an entry fee and a prize, or (iv) transmit, submit, or post material that is otherwise inappropriate. In addition, You agree to pay for all royalties, fees, and other payments owed to any party by reason of Your transmitting, submitting, or posting User Submissions. Kindkudos does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Kindkudos, APPLE AND GOOGLE expressly disclaim any and all liability in connection with User Submissions. Kindkudos does not permit copyright infringing activities, infringement of rights of publicity, or infringement of other intellectual property rights on its Service. Kindkudos will not necessarily monitor User Submissions. However, Kindkudos reserves the right to monitor, alter, edit, or remove Content (including User Submissions) and block users without prior notice and for any reason. Kindkudos also reserves sole discretion to decide whether Content (including a User Submission) is appropriate and complies with these Terms of Service.
You understand that when using the Service, You may be exposed to User Submissions from a variety of sources, and that Kindkudos is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST THE KINDKUDOS PARTIES, APPLE, AND GOOGLE WITH RESPECT THERETO, AND AGREE TO INDEMNIFY AND HOLD THE KINDKUDOS PARTIES, APPLE, AND GOOGLE HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR USE OF THE SERVICE.
If You do not wish to receive messages from particular users through the Service, please use the function of the Service which allows you to block messages from a sender.
RESTRICTIONS ON USE OF THE SERVICE
In Your use of the Service, You shall not:
- provide false personal information or create an account for anyone other than Yourself without permission;
- create another account without our permission, if We have disabled Your account;
- share Your password, let anyone else access Your account, or do anything else that might jeopardize the security of Your account;
- assign or transfer Your account or login information to anyone;
- use web crawlers, web robots, web scutters, ants, automatic indexers, bots, worms, and other such devices in connection with the Service;
- post, transmit or submit any confidential (including Your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses), false, misleading, unlawful, infringing, threatening, abusive, harassing, libelous, defamatory, discriminatory, obscene, offensive, inflammatory, scandalous, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law;
- upload, download, post, email or otherwise transmit any material that may infringe copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any party;
- upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use of the Service;
- obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Service;
- facilitate gambling, gaming, raffles, lotteries, sweepstakes, and/or any other activity featuring the award of a prize;
- impersonate or misrepresent any person or entity or Your affiliation with someone else. For the elimination of doubt, You must use Your real name when registering for and using the Service;
- remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Service;
- collect personally-identifiable information of other users;
- harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications;
- solicit other users to join, become members of, or contribute money to any online service or other organization;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- post or transmit any worms, viruses, Trojans, or other harmful, disruptive, or destructive files, code, or programs to the Service;
- stalk, bully, or otherwise harass any person or entity;
- harm minors in any way; or
- use any discussion functionality to advertise or perform any commercial solicitation.
Please also visit this link for the Kindkudos User Code of Conduct.
Kindkudos believes in children’s online safety and oes not wish to receive information regarding children under 13 years old. Therefore, You may not post or submit any personally-identifiable information of a child under 13 years old or information sufficient to locate such a child on or through the Service. If You are under 13 years of age, then please do not attempt to submit any information to or use the Service.
Everything You see, hear, or otherwise experience through this Service, including but not limited to the graphics, videos, text, software, photographs, scripts, interactive features and the like (collectively, “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Kindkudos, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Kindkudos owns the copyright in the selection, coordination, arrangement and enhancement of the Content. Any unauthorized use of any materials on this Service may violate copyright, trademark, and other laws. KINDKUDOS and the Kindkudos logo are trademarks of Kindkudos.
Content on the Service is provided to You AS IS for Your information and personal use only. For Your personal use, You may view, copy, and print screenshots of the Service. Otherwise, the Service may not be copied, modified, reproduced, distributed, published, performed, streamed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Kindkudos reserves all rights not expressly granted in and to the Service and the Content. You agree not to use, copy, download, or distribute any of the Content other than as expressly permitted herein, including any use, copying, downloading, making derivative works from, or distribution of User Submissions of third parties obtained through the Service for any commercial purposes. You may not incorporate the Content into, or stream or transmit the Content via any hardware or software application unless expressly permitted by Kindkudos in writing. You may not create, recreate, advertise or distribute an index of a significant portion of the Content unless authorized in writing by Kindkudos. You may not build a business using the Content, whether or not for profit. If You copy or print pages of the Content for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein, nor may You scrape or use any extraction methods to obtain any content or data from the Service.
Kindkudos takes no responsibility for advertisements or any third party material transmitted through or posted on the Service, nor does it take any responsibility for the products or services provided by service providers with profiles or other Content accessible through the Service (“Advertisers”). Any dealings You have with Advertisers found while using the Service are between You and the Advertiser, and You agree that Kindkudos is not liable for any loss or claim that You may have against an Advertiser.
YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO RELEASE KINDKUDOS AND THE KINDKUDOS PARTIES, APPLE, AND GOOGLE FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE AND YOUR TRANSACTIONS WITH ADVERTISERS OR OTHER THIRD PARTIES. YOU FURTHER WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED BY ANY STATUTORY OR NON-STATUTORY LAW OF ANY JURISDICTION THAT WOULD PURPORT TO LIMIT THE SCOPE OF A RELEASE OR WAIVER. YOU WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS WHICH YOU HAVE OR MAY HAVE UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA OR ANY SIMILAR PROVISION OF THE STATUTORY OR NON-STATUTORY LAW OF ANY OTHER JURISDICTION (INCLUDING WITHOUT LIMITATION THE STATES OF MISSOURI, DELAWARE AND PENNSYLVANIA) TO THE FULLEST EXTENT THAT YOU MAY LAWFULLY WAIVE ALL SUCH RIGHTS AND BENEFITS.
You warrant and represent to Kindkudos as set out below:
- The information provided to Kindkudos in any registration or application screen, profile, email, postings, telephone call or through other means including all personal details, contact details and all other data provided to Kindkudos is true in all respects, up-to-date and not misleading in any way.
- You will keep the information referred to in paragraph (a) up to date.
- You will not access the Service under false identity or pretext and will not use it to falsify Your or any other person’s identity (however, this will not prevent You from using an adopted name provided the name is used lawfully and in good faith).
- You will use the Service lawfully and in good faith.
- You will keep Your log-in details and password secure and will not share such information with third parties.
DISCLAIMER OF WARRANTIES
LIMITATIONS ON LIABILITY
THE KINDKUDOS PARTIES, APPLE, AND GOOGLE WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT YOU MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM: (1) ANY SUSPENSION OR DISRUPTION OF THE SERVICE, INCLUDING WHERE SUCH SUSPENSION OR DISRUPTION RESULTS FROM THE KINDKUDOS PARTIES’ NEGLIGENCE, (2) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (3) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (4) UNAUTHORIZED ACCESS TO OR USE OF KINDKUDOS’ SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (5) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (6) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, (7) USER SUBMISSIONS, THIRD PARTY WEBSITES OR APPS, OR (8) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, YOUR BUSINESS TRANSACTIONS OR OTHER INTERACTIONS WITH ANY THIRD PARTIES OR ADVERTISERS, WHEREIN SUCH CONTENT OR ADVERTISEMENT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KINDKUDOS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Any claims relating to use of the Service must be bought within one (1) year from the date the cause of action arose. Claims brought after such period are VOID. The Service is controlled and offered by Kindkudos from its facilities in the United States of America. Those who access or use the Service do so at their own volition and are responsible for compliance with local and all other applicable laws, restrictions, and regulations.
TERMINATION OF THE SERVICE
Kindkudos may terminate Your access to and use of the Service without notice, in the event You:
- misuse or challenge Kindkudos’ rights in the Content.
Kindkudos may at any time discontinue the Service altogether or modify the Service and such modifications may adversely affect the use of the Service by users. You agree that Kindkudos shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service. Kindkudos will use reasonable endeavours to notify users of the cessation of the Service or any changes that would impact on Your use of the Service. Kindkudos may give such notices through the Service or on its website or by email communications.
Kindkudos will store a limited number of Your User Submissions indefinitely until: (1) You request that such User Submissions be deleted; or (2) the Service is discontinued. If the Service is scheduled to be discontinued, Kindkudos will provide a mechanism by which You can download Your saved User Submissions and the saved User Submissions You have received from others before the Service is discontinued.
You may, at any time, unregister from the Service.
Upon Your request that Your User Submissions be deleted or the termination of the Service:
Your right to access and use the Service will immediately terminate; and
all of Your personal information and User Submissions will be permanently deleted from the Service, save that –
- copies of Your data may remain stored for limited periods of time on back-up media which will be cleansed from time to time;
- Your phone number may be retained on the Kindkudos servers for some time;
- Kindkudos will be entitled to retain any data in non-personal information form which may have been extracted or obtained from Your personal information or other User Submissions including any aggregated, anonymized or otherwise de-personalized data.
CLASS ACTION WAIVER
ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE SERVICE SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.
Software and the transmission of applicable technical data, if any, in connection with the Service may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which You reside.
If You have any questions, please contact Kindkudos by emailing Us at Kindkudos@Kindkudos.com.
APPLE REQUIRED TERMS
- Scope of License: The license granted to You for the Service is limited to a non-transferable license to use the Service on any iPhone or iPod touch that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Warranty: As between Apple and Kindkudos, Kindkudos is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Service to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the relevant App to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Kindkudos’ sole responsibility.
- Product Claims: Kindkudos and You acknowledge that Kindkudos, not Apple, is responsible for addressing any claims by You or any third party relating to the Service or Your possession and/or use of that Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- Intellectual Property Rights: Kindkudos and You acknowledge that, in the event of any third party claim that the Service or Your possession and use of the Service infringes that third party’s intellectual property rights, to the extent a warranty of non-infringement is not validly disclaimed, Kindkudos, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- Legal Compliance: You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
- Developer Name and Address: Kindkudos may be contacted at 650-416-8063 or firstname.lastname@example.org in connection with any questions, complaints or claims with respect to the Service.
ADDITIONAL TERMS RELEVANT TO GOOGLE INC.
- The Google Play marketplace is owned and operated by Google Inc. Your use of Google Play is governed by a legal agreement between you and Google consisting of the Google Terms of Service (found at http://www.google.com/accounts/TOS) and the Google Play Terms of Service (found at https://play.google.com/intl/en-US_us/about/play-terms.html and together with the Google Terms of Service called the “Terms”). In addition, your use of Google Play is subject to the Google Play Business and Program Policies (http://play.google.com/about/android-developer-policies.html). The Google Play Market Terms of Service, Google Play Business and Program Policies, and Google Terms of Service shall take precedence in that order in the event of a conflict between them, to the extent of such conflict.
- KINDKUDOS is solely responsible for providing, and Google has no obligation to provide, maintenance and support for the KINDKUDOS Mobile Application. Support requests, as well as questions, complaints or claims regarding the KINDKUDOS Mobile Application, may be directed to KINDKUDOS support, P.O. Box 3193, Missoula, mt 59806. Users may also contact us by email at email@example.com.
- To the maximum extent permitted by applicable law, Google will have no warranty obligation whatsoever with respect to the KINDKUDOS Mobile Application, and will not be liable for any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
- Google shall not be responsible for addressing any claims by you or any third party relating to the KINDKUDOS Mobile Application or your possession and/or use of the KINDKUDOS Mobile Application, including but not limited to (i) product liability claims, (ii) any claim that the KINDKUDOS Mobile Application failS to conform to any applicable legal or regulatory requirement, or (iii) claims arising under consumer protection or similar legislation.
- Google shall not be responsible for the investigation, defense, settlement or discharge of any claim that the KINDKUDOS Mobile Application or your possession and use thereof infringes a third party’s intellectual property rights.
- You represent and warrant that (i) the KINDKUDOS Mobile Application will not be downloaded or used in, or transported to, a country that is subject to a United States Government embargo or has been designated by the United States Government as a “terrorist-supporting” country, and (ii) you are not listed on any United States Government list of prohibited or restricted parties.
- Removal of KINDKUDOS Mobile Application. KINDKUDOS or Google Inc. may, at any time and without notice, restrict, interrupt or prevent use of the KINDKUDOS Mobile ApplicatioN, or delete the KINDKUDOS Mobile Application from your Supported Device, without entitling you to any refund, credit or other compensation from KINDKUDOS or any third party (including, but not limited to, Google Inc. or your network connectivity provider).