Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities is our terms of service that governs our relationship with users and others who interact with Kudoboard, as well as Kudoboard brands, products and services, which we call the “Kudoboard Services” or “Services”. By using or accessing the Kudoboard Services, you agree to this Statement.
2. Sharing Your Content and Information
You own all of the content and information you post on Kudoboard. In addition:
- For all content that you post (IP Content), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any content that you post on or in connection with Kudoboard (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it. This license is used to display content on your Kudoboards and deliver Kudoboard services to users. We do not publicly share user-generated Kudoboard content on our website unless we have received permission from the board creator/admin or board recipient (i.e. they have changed the board privacy setting to “public”, they have given us written permission, etc).
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- When you publish content or information, it means that you are allowing everyone, including people off of Kudoboard, to access and use that information, including to repost and/or publish the content without restriction, and to associate it with you.
- We always appreciate your feedback or other suggestions about Kudoboard, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep Kudoboard safe, but we cannot guarantee it. We need your help to keep Kudoboard safe, which includes the following commitments by you:
- You will not post unauthorized commercial communications (such as spam) on Kudoboard.
- You will not collect users’ content or information, or otherwise access Kudoboard, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Kudoboard.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post any content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
- You will not use Kudoboard to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of Kudoboard, such as a denial of service attack or interference with page rendering or other Kudoboard functionality.
- You will not facilitate or encourage any violations of this Statement or our policies.
4. Registration and Account Security
Kudoboard users provide their real names and information before having the ability to create a board, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on Kudoboard, or create an account for anyone other than yourself without permission.
- You will not create more than one personal account.
- If we disable your account, you will not create another one without our permission.
- You will not use Kudoboard primarily for your own commercial gain without our express written consent.
- You will not use Kudoboard if you are under 13.
- You will not use Kudoboard if you are a convicted sex offender.
- You will keep your contact information accurate and up-to-date.
- You will not share your password , let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account to anyone without first getting our written permission.
- If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).
5. Protecting Other People’s Rights
We respect other people’s rights, and expect you to do the same.
- You will not post content or take any action on Kudoboard that infringes or violates someone else’s rights or otherwise violates the law.
- We can remove any content or information you post on Kudoboard if we believe that it violates this Statement or our policies.
- If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or Trademarks or any confusingly similar marks, except with our prior written permission.
- You will not post anyone’s identification documents or sensitive financial information on Kudoboard.
- You will not send Kudoboard contribution invitations to people whom you do not know.
6. Mobile and Other Devices
- We currently provide our mobile services for free, but please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply.
- You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on Kudoboard.
- Billing & Refunds. For individual board purchases, you authorize Kudoboard to charge you the agreed upon fee at time of purchase. For all subscriptions, you authorize Kudoboard to charge you all fees for the duration of the term agreed to at the time of purchase. Except when required by law, Kudoboard shall be under no obligation to issue refunds under any circumstances. All fees are non-refundable, even if an individual premium Kudoboard is not used or a subscription is terminated before its expiration. In the event that Kudoboard determines that you are entitled to a refund of all or part of the fees you paid, such refund shall be made using the payment method originally used by you to make your purchase.
- Renewals. Following the expiration of a subscription plan, such plan will automatically renew on the same terms as your original plan purchase. You can disable automatic renewal at any time prior to renewal using your account settings or by contacting your account representative. You expressly grant Kudoboard the right to charge you for each automatic renewal until you disable automatic renewal.
- Taxes. Fees do not include any local, state, federal or foreign taxes, levies, duties or similar governmental assessments of any nature, including value-added, use or withholding taxes (collectively, “Taxes”). Customer is responsible for payment of all Taxes associated with its purchases hereunder (excluding taxes based on Kudoboards’s net income or property), and any related penalties and interest. Customer will make all required payments to Kudoboard free and clear of, and without reduction for, any withholding taxes. Customer will, upon Kudoboard’s request, provide Kudoboard with official receipts issued by appropriate taxing authorities, or such other evidence as Kudoboard may reasonably request, to establish that such Taxes have been paid.
- Credits. Kudoboard may, at its sole discretion, choose to offer credits for its services, including discount codes or promotional campaigns. Credits are non-transferable and do not have any monetary or cash value. Any credits can only be used to offset fees per the terms and conditions expressly identified by Kudoboard and, unless otherwise stated by Kudoboard, shall no longer be redeemable ninety (90) days from the date of issuance.
- Failure of Payment. If Customer fails to pay fees, in addition to other available remedies, Kudoboard reserves the right to suspend or terminate access to the Application Services and delete the Customer Content.
- We’ll notify you before we make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Services.
- Your continued use of the Kudoboard Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Kudoboard to you. We will notify you by email or at the next time you attempt to access your account.
- You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Kudoboard exclusively in U.S. District Court in Delaware, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of Delaware will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
- If anyone brings a claim against us related to your actions, content or information on Kudoboard, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions on Kudoboard and are not responsible for the content or information users transmit or share on Kudoboard. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Kudoboard. We are not responsible for the conduct, whether online or offline, of any user of Kudoboard.
- WE TRY TO KEEP KUDOBOARD UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING KUDOBOARD AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT KUDOBOARD WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT KUDOBOARD WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. KUDOBOARD IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR KUDOBOARD, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR KUDOBOARD WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, KUDOBOARD’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
11. Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with Kudoboard outside the United States:
- You consent to having your personal data transferred to and processed in the United States.
- If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities on Kudoboard (such as advertising or payments). You will not use Kudoboard if you are prohibited from receiving products, services, or software originating from the United States.
12. Digital Millennium Copyright Act
Kudoboard complies with the requirements of the Digital Millennium Copyright Act (“DMCA”). Kudoboard may terminate your Account and this Agreement with you or any other user of the Applications who infringes on the copyrights of another (provided that these Terms and Conditions will survive any such termination). If you have any concerns or believe that any material on the Applications in any way constitutes copyright infringement, please submit an online takedown request here. Alternatively, you can contact the agent designated below, who has been designated to respond to reports alleging copyright infringement. Provide the DMCA Agent with the following information in writing (either via paper mail or electronic mail):.
- A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf
- A description of the copyrighted work claimed to have been infringed
- A description of the material that is claimed to be infringing or to be the subject of infringing activity, and its location on the Applications
- Your address, telephone number, and, if available, an email address
- A statement that the you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
- A statement that the information in your notice is accurate, and under penalty of perjury, and that you are authorized to act on behalf of the owner of the allegedly infringed copyright.
Mailing Address for Kudoboard’s DMCA Agent:
3000 Lawrence St #8, Denver, CO 80205
Email Address for Kudoboard’s DMCA Agent:
- By “Kudoboard” or” Kudoboard Services” we mean the features and services we make available, including through (a) our website at www.kudoboard.com and any other Kudoboard branded or co-branded websites (including sub-domains, international versions, and mobile versions); (b) our Platform; (c) social plugins; and (d) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed. Kudoboard reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not this SRR.
- By “information” we mean facts and other information about you, including actions taken by users and non-users who interact with Kudoboard.
- By “content” we mean anything you or other users post, provide or share using Kudoboard Services.
- By “data” or “user data” or “user’s data” we mean any data, including a user’s content or information that you or third parties can retrieve from Kudoboard or provide to Kudoboard through Platform.
- By “post” we mean post on Kudoboard or otherwise make available by using Kudoboard.
- By “use” we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- If you are a resident of or have your principal place of business in the US or Canada, this Statement is an agreement between you and Kudoboard. References to “us,” “we,” and “our” mean Kudoboard
- This Statement makes up the entire agreement between the parties regarding Kudoboard, and supersedes any prior agreements.
- If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Statement, it will not be considered a waiver.
- When you start a new Kudoboard on our primary domain (kudoboard.com), you are added to our marketing email list. You can unsubscribe to this list at any point.
- Any amendment to or waiver of this Statement must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
- All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this Statement shall prevent us from complying with the law.
- This Statement does not confer any third party beneficiary rights.
- We reserve all rights not expressly granted to you.
- You will comply with all applicable laws when using or accessing Kudoboard.