KODA.US Terms of Use Agreement

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the KODA Services. By using the KODA Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the KODA Website) or you are a "Member" (which means that you have registered with KODA.us). The term "User" refers to a Visitor or a Member. You are only authorized to use the KODA Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the KODA Website and discontinue use of the KODA Services immediately. If you wish to become a Member, communicate with other Members and make use of the KODA Services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes KODA.us’ policy for acceptable use of the KODA Services and Content posted on the KODA Website, your rights, obligations and restrictions regarding your use of the KODA Services and KODA.us’s Privacy Policy. In order to participate in certain KODA Services, you may be notified that you are required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the KODA Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.

KODA.us may modify this Agreement from time to time and such modification shall be effective upon posting by KODA.us on the KODA Website. You agree to be bound to any changes to this Agreement when you use the KODA Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on KODA.us and that you provide to other Users. Your KODA.us profile may not include the following items: any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other KODA.us Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and KODA.us assumes no responsibility or liability for this material. If you become aware of misuse of the KODA Services by any person, please contact KODA at customerservice@koda.us.

KODA.us reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the KODA Services at any time, for any or no reason, with or without prior notice, and without liability.

1. Eligibility. Use of and Membership in the KODA Services is void where prohibited. By using the KODA Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 17 years of age or older; and (d) your use of the KODA Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 17 years of age.
2. Term. This Agreement shall remain in full force and effect while you use the KODA Services or are a Member. You may terminate your Membership at any time, for any reason, by contacting customerservice@koda.us. KODA.us may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.
3. Fees. You acknowledge that KODA.us reserves the right to charge for the KODA Services and to change its fees from time to time in its discretion. If KODA.us terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify KODA.us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Non-commercial Use by Members. The KODA Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by KODA.us. Illegal and/or unauthorized use of the KODA Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the KODA Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the KODA Services.
6. Proprietary Rights in Content on KODA.us. KODA.us does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the KODA Services. After posting your Content to the KODA Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the KODA Services, you hereby grant to KODA.us a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the KODA Services. Without this license, KODA.us would be unable to provide the KODA Services. The license you grant to KODA.us is non-exclusive (meaning you are free to license your Content to anyone else in addition to KODA.us), fully-paid and royalty-free (meaning that KODA.us is not required to pay you for the use on the KODA Services of the Content that you post), sublicensable (so that KODA.us is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the KODA Services), and worldwide (because the Internet and the KODA Services are global in reach). This license will terminate at the time you remove your Content from the KODA Services. The license does not grant KODA.us the right to sell your Content, nor does the license grant KODA.us the right to distribute your Content outside of the KODA Services. You represent and warrant that: (i) you own the Content posted by you on or through the KODA Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the KODA Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the KODA Services. The KODA Services contain Content of KODA.us ("KODA.us Content"). KODA.us Content is protected by copyright, trademark, patent, trade secret and other laws, and KODA.us owns and retains all rights in the KODA.us Content and the KODA Services. KODA.us hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the KODA.us Content (excluding any software code) solely for your personal use in connection with viewing the KODA Website and using the KODA Services. The KODA Services contain Content of Users and other KODA.us licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the KODA Services.
7. Content Posted. KODA.us may delete any Content that in the sole judgment of KODA.us violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. KODA.us assumes no responsibility for monitoring the KODA Services for inappropriate Content or conduct. If at any time KODA.us chooses, in its sole discretion, to monitor the KODA Services, KODA.us nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You are solely responsible for the Content that you post on or through any of the KODA Services, and any material or information that you transmit to other Members and for your interactions with other Users. KODA.us does not endorse and has no control over the Content. Content is not necessarily reviewed by KODA.us prior to posting and does not necessarily reflect the opinions or policies of KODA.us. KODA.us makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
8. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of KODA.us to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to KODA.us by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the KODA Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the KODA Services; (iv) your address, telephone number, and email address; (v) a written 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; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Notice of claims of copyright infringement should be sent to: Legal Department, KODA, Inc.,575 Sutter Street., #300, San Francisco, CA 94102; Email: customerservice@koda.us
9. Member Disputes. You are solely responsible for your interactions with other KODA.us Members. KODA.us reserves the right, but has no obligation, to monitor disputes between you and other Members.
10. Privacy. Use of the KODA Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
11. Disclaimers. KODA.us is not responsible for any incorrect or inaccurate Content posted on the KODA Website or in connection with the KODA Services, whether caused by Users of the KODA Services or by any of the equipment or programming associated with or utilized in the KODA Services. Profiles created and posted by Members on the KODA Website may contain links to other websites. KODA.us is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by KODA.us. Inclusion of any linked website on the KODA Services does not imply approval or endorsement of the linked website by KODA.us. When you access these third-party sites, you do so at your own risk. KODA.us takes no responsibility for third party advertisements which are posted on this KODA Website or through the KODA Services, nor does it take any responsibility for the goods or services provided by its advertisers. KODA.us is not responsible for the conduct, whether online or offline, of any User of the KODA Services. KODA.us assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. KODA.us is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the KODA Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the KODA Services. Under no circumstances shall KODA.us be responsible for any loss or damage, including personal injury or death, resulting from use of the KODA Services, attendance at a KODA.us event, from any Content posted on or through the KODA Services, or from the conduct of any Users of the KODA Services, whether online or offline. The KODA Services are provided "AS-IS" and as available and KODA.us expressly disclaims any warranty of fitness for a particular purpose or non-infringement. KODA.us cannot guarantee and does not promise any specific results from use of the KODA Services.
12. Limitation on Liability. IN NO EVENT SHALL KODA.US BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF KODA.US HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, KODA.US’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO KODA.US FOR THE KODA SERVICES DURING THE TERM OF MEMBERSHIP.
13. U.S. Export Controls. Software available in connection with the KODA Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the KODA Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
14. Disputes. If there is any dispute about or involving the KODA Services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of San Francisco. Either KODA.us or you may demand that any dispute between KODA.us and you about or involving the KODA Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in San Francisco, California, USA, provided that the foregoing shall not prevent KODA.us from seeking injunctive relief in a court of competent jurisdiction.
15. Indemnity. You agree to indemnify and hold KODA.us, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the KODA Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the KODA Website or through the KODA Services causes KODA.us to be liable to another.
16. Other. This Agreement is accepted upon your use of the KODA Website or any of the KODA Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and KODA.us regarding the use of the KODA Services. The failure of KODA.us to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. KODA.us is a trademark of KODA, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact us at customerservice@koda.us with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.