1. Using Kudotap
Every effort is made to keep our Platform up and running smoothly. However, Kudotap Web takes no responsibility for, and will not be liable for, the Platform being temporarily unavailable due to technical issues beyond our control.
Our license to you
2. About Kudotap
Kudotap is an Online Gallery Platform where you create and operate Online Galleries. You can share images to Online Galleries that you have created, or to 'Core' Online Galleries that have been created by the Kudotap Platform. All Images, Posts, and Comments that you share on, or otherwise make available on Kudotap, irregardless of whether it is shared to your own Personally Created Online Gallery, or to a Platform-Created 'Core' Gallery is henceforth referred to as 'Content'. You retain all rights to, and are solely responsible for whatever Content you post to or share on Kudotap. All Content shared on Kudotap is the sole responsibility of the individual or entity who originated such Content.
By submitting any Content to Kudotap, you grant us a non-exclusive, royalty-free, transferrable, sublicensable, worldwide license to use, store, display, reproduce, share, re-share, modify, create derivative works, perform, and distribute your Content solely for the purpose of operating, developing, providing, and using the Kudotap Platform. Nothing in these Terms shall restrict other legal rights Kudotap may have to your Content, for example under other licenses. We reserve the right to remove or modify any of your Content for any reason, including Content that we believe violates these Terms or our policies. You also give permission to Kudotap to add, modify or remove information related to your Content in order to manage and license such Content if required, in accordance with applicable laws.
By submitting any Content to Kudotap, you grant Kudotap a worldwide, non-exclusive right to use your Display Name and Content in connection with Kudotap's marketing and promotional activities without the payment of any compensation to you. Kudotap, in the exercise of its discretion, may refrain from any or all of the foregoing without any liability to you.
3. Regarding Prohibited Content
Any User Account that is used to post inappropriate content (including but not limited to: pornographic content, content that incites violence towards any race/religion/gender/sexual orientation, content that attacks any race/religion/gender/sexual orientation, content that promotes violence of any sort) will be shut down.
4. Regarding Links to Third-Party Sites and Services
Our Platform may feature adverts that link to third-party websites. We do not endorse nor are we affiliated with any such third party sites (whether commercial or non-commercial). Accessing a third-party site is at your own risk and we bear no liability arising from access, use, or misuse of a third-party site or service.
We care about the security of our Users. While we work hard to protect the security of your account, We cannot guarantee that unauthorized third parties will not be able to defeat our security measures. You bear the responsibility for maintaining the confidentiality of any password associated with your Kudotap account, and assume full responsibility for all activities that occur within your account (unless we inadvertently cause a security breach). Please notify us immediately of any suspected unauthorized usage or compromise of your account.
6. Rights to Intellectual Property
The Kudotap Website (the 'Platform') is owned by Kudotap Web. All rights to, interest in, and title to the trademarks, service marks, and trade names displayed on the Platform, are the property of Kudotap Web, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws.
All trademarks, service marks, logos and designs used on the Platform, whether registered or unregistered, are owned by Kudotap Web or other third parties. You may not use or display any trademarks, service marks, logos or designs owned by Kudotap Web or other concerned third parties without prior written consent.
7. On Termination of an Account
Following the termination or deactivation of a User account, all Content posted by that User account are removed from Kudotap within 60 days of account termination.
By registering on the Kudotap website, you agree to release and hold harmless Kudotap Web and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) your usage of our Platform, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of our Platform; (v) electronic or human error which may occur in the administration of our Platform.
9. A. Waiver and Severability
The failure of Kudotap Web to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
10. Assignment, Governing Law and Jurisdiction
Kudotap Web may assign these Terms to a subsidiary or business successor. You may not assign these Terms without the prior written consent of Kudotap Web, which shall not be unreasonably withheld.
These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the the laws of the Republic of Seychelles, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of joining the Kudotap.com website, you hereby agree that any and all disputes which cannot be resolved between you and Kudotap Web, and causes of action arising out of or connected with this Platform, shall be resolved individually, without resort to any form of class action, exclusively before a court located in the Republic of Seychelles having jurisdiction. Further, in any such dispute, under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys' fees, other than your actual out-of-pocket expenses (i.e. costs associated with using the Kudotap Platform), and you further waive all rights to have damages multiplied or increased. Nothing in this clause shall limit the right of Kudotap Web to take proceedings against individuals who violate these Terms in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
11. Entire Agreement
We may revise these Terms from time to time, and we will notify you of changes to these Terms which we in our sole discretion believe to be significant and material by posting a notice on the account page of every Kudotap.com user. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.