Kukaret Heavy Industries & Virtua Rasa Terms of Use

Effective May 2, 2018

All data available from this website is proprietary and confidential property of Kukaret Heavy Industries. By using this software or continuing to access this website, you agree to these Terms of Use.

Please read these Terms of Use (the “Terms of Use” or “Terms”) carefully, because they apply to your use of the Kukaret Heavy Industries (“Kukaret”) website available at kukaret.com (together with all sub-domains thereof, and the websites available at domain names or sub-domains of virtuarasa.com; collectively, the “Websites”) and the Services (defined below). These Terms do not apply to the websites of Kukaret’s affiliates.

Kukaret makes the Websites available to you to use on the terms and conditions set forth in these Terms of Use.

Your use of the website in any way signifies that you have read, understand, and agree to be bound by these terms of use. By accessing or using the Websites, you also represent that you have the legal authority to accept these Terms of Use on behalf of yourself, and any party you represent, in connection with your use of the Websites. In addition, you represent that you, and any party you represent, are at least thirteen (13) years of age. If you do not agree to these terms, you are not authorized to use the Websites.

Both the Websites and the Services are controlled and offered by Kukaret from its facilities in the United States of America. Kukaret makes no representations that the Websites are appropriate or available for use in other locations. If you are accessing or using the Websites from other jurisdictions, you do so at your own risk and you are responsible for compliance with local law.


Changes to these Terms of Use

From time to time, Kukaret may change, remove, add to, or otherwise modify the Terms of Use, and reserves the right to do so in its discretion. In that case, we will post the updated Terms to the Websites and indicate the date of revision. We encourage you to periodically review the Terms of Use. In addition, if our modifications are material, we will make commercially reasonable efforts to notify you electronically. For example, we may send a message to your email address, if we have one on file, or we may display a notice on the Websites indicating that the Terms of Use have changed. All new and/or amended Terms of Use take effect immediately; provided, however, that if deemed material by Kukaret, in its sole discretion, such new and/or additional material terms will be marked as such and will take effect 30 days after they are posted on the Websites. Notwithstanding the foregoing,

  1. No modification to the Terms of Use will apply to any dispute between you and Kukaret that arose prior to the effective date of any modification, and
  2. If you do not agree with any modification to the Terms of Use, you may terminate this agreement by ceasing use of the Websites, and requesting that your account, if any, be closed.

Your continued use of the Websites after new and/or revised Terms of Use are effective indicate that you have read, understood, and agreed to those Terms.


About the Websites Generally

Kukaret makes the Websites available to you on these Terms. You may only use the Websites in accordance with these Terms and, in particular but without limitation, you may not use the Websites for any purpose that is unlawful or prohibited by these Terms of Use or any other conditions or notices that are made available on the Websites.


Membership

Becoming a member (“Member”) of the Kukaret Network (the “Network”) is void where prohibited. Only persons who are over the age of majority in their jurisdiction (which typically is 18, but may be different in your jurisdiction) and fully competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms may join the Network and use the Services; provided, however, that if you are under the age of majority in your jurisdiction but over 13 years of age, you may join the Network and use the Services with the express permission of your legal guardian. Any registration by, use of or access to the Websites or the Services by anyone:

  1. under the age of 13 or
  2. under the age of majority in their jurisdiction but without guardian permission,

is unauthorized, unlicensed and a violation of these Terms of Use. By joining the Network, establishing an account on the Websites, or using the Services, you represent and warrant that you

  1. are the age of majority in your jurisdiction or,
  2. are over the age of 13 and have the express permission of your legal guardian to join the Network and use the Services,

and you further agree to abide by all of the terms and conditions of these Terms of Use.

Subject to the terms and conditions in these Terms and Services, any person may join the Network. In addition, Kukaret may offer membership in the Network on other terms that Kukaret deems appropriate in its sole discretion.

Kukaret may also offer additional benefits (“Additional Benefits”) to members of the Network who support Kukaret financially. Additional Benefits may be available on a recurring basis, and if so, must be renewed based upon the initial date of payment in order to maintain the Additional Benefits. Your membership will lose its Additional Benefits if it is not renewed prior to the anniversary of the last payment you made for the minimum amount required to maintain the Additional Benefits. Kukaret will use reasonable efforts to notify you of your renewal date in advance of expiration. Kukaret reserves the right to change the minimum amounts required to receive Additional Benefits in its sole discretion (but never retroactively), and will use reasonable efforts to notify Members in advance of their Additional Benefits renewal date.


About the Services Generally

By joining the Network, Members have the option of creating an account on the Websites and using the Services, which currently include, but may not be limited to:

  1. A profile page for each Member of the Network, where the Member may, among other things, identify themselves. The Member’s user-id, as created at registration, will be visible on this page, along with metadata regarding the user based upon the user’s use of the Services.
  2. The creation of a virtual “world“ and “maps” within that world, with pre-defined limits upon the number of Members of the Network who may access that world with various roles or capabilities.
  3. A virtual “badge” that may appear next to the user’s user-id, in certain circumstances, such as on their profile page, discussion forums provided by Kukaret, or the Websites in general.

These features (as such may be modified, eliminated or added to by Kukaret in its sole discretion) are collectively referred to in these Terms of Use as the “Services” and are provided subject to these Terms of Use. Kukaret reserves the right to modify or discontinue the Websites, membership in the Network, and any or all of the Services at any time. Kukaret disclaims any and all liability to Members and third parties in the event Kukaret exercises its right to modify or discontinue the Websites, membership in the Network, or any or all of the Services. Any additional or modified Services offered by Kukaret shall be subject to these Terms of Use. See “Termination and Inactivation of Network Membership,” below for a description of how Services may be affected when your Network membership terminates for any reason or becomes inactive.


Registration; Security; Notice

You agree to:

  1. provide accurate, current and complete information about you as may be prompted by any registration forms on the Websites,
  2. maintain the security of your password and identification,
  3. maintain and promptly update your registration information and any other information you provide to Kukaret, and to keep it accurate and complete to, among other things, allow us to contact you, and
  4. be fully responsible for all use of your account and for any actions that take place using your account.

It is your responsibility to ensure that Kukaret has up-to-date contact information for you. You may not set up an account, membership, or a profile page on behalf of another individual or entity unless you are authorized to do so.

You agree that, in the event that Kukaret is served with an infringement notice under section 512(c)(1)(C) of the US Copyright Act, Kukaret will have taken reasonable steps (as required by section 512(g)(2)) if it promptly notifies you using the latest contact details you provided via your membership, such as by email. See also “Copyright Complaints and DMCA Compliance” below.


No Ownership of Kukaret

As used in these Terms of Use, “Member” means a person who has joined the Network and established an account on the Websites. Joining the Network, establishing an account on the Websites, or using the Services does not and shall not be deemed to make you an assignee, creditor, director, member, officer, partner, shareholder, or other any affiliate of Kukaret for any purposes whatsoever, even in the event that you have paid for additional benefits as discussed in “Membership” above.


Privacy Policy

Kukaret is committed to handling responsibly the information and data we collect through our Websites and agrees to use your personal information in accordance with the Privacy Policy and these Terms of Use. The Privacy Policy is hereby incorporated into these Terms.


Profile Pages

Kukaret may permit Members of its Network to create and maintain a profile page. Kukaret does not pre-screen or approve profile pages, and cannot guarantee that a profile page was actually created and is being maintained by the individual or entity that is the subject of a profile page. Kukaret is not responsible for the Content (as defined below) of any profile page, including without limitation the accuracy of any list of works or the provenance and/or ownership of such works.


Termination

Your right to use the Websites, Services, and Network terminates automatically upon your breach of any of these Terms of Use.

In addition, Kukaret may, at any time:

all as Kukaret deems appropriate in its discretion. Your membership in the Network, access to your account, and use of the Services may be terminated by you or by Kukaret at any time and for any reason whatsoever. Kukaret will use reasonable efforts to notify you in advance about any material modification, suspension or termination by Kukaret that is not caused by your breach of these Terms. Membership in the Network may also be inactivated automatically upon failure of Member to access their account for a period of ninety (90) consecutive days.

Each Member of the Network agrees and understands that when their membership is terminated by either the Member or Kukaret for any reason, Kukaret may take certain actions relating to the Member’s access to the Services, including but not limited to the following:

  1. the website page displaying their profile data may be blocked, deleted, and/or discarded from the Websites, at Kukaret’s sole discretion, and
  2. the Member’s account access on the Network will terminate.

Further, each Member of the Network agrees and understands that when additional membership privileges provided by financially supporting Kukaret expire due to non-renewal, Kukaret may take certain actions related to the Member’s account access to the Services, including but not limited to the following:

  1. Website pages listing the virtual “worlds” assigned to the Member may indicate to the public that they do not have the benefits associated with paid membership, through any means Kukaret determines to be appropriate in its sole discretion (such as by adding or removing a badge or symbol, by stating “inactive” or “frozen,” or any other means).
  2. The Member may be able continue to access their account but their access to the virtual “worlds” associated with their account, or other posted Content (defined below), may be impaired unless and until renewed, or otherwise brought into compliance with the benefits normally available to all members of the Network, paid or unpaid.
  3. Their badge indicating financial support of Kukaret will no longer appear near their user-id on the Websites.

However, upon request of the inactive Member, Kukaret will promptly delete such Member’s profile and other posted Content.

In addition, Kukaret reserves the right to delete and purge any account and all Content associated therewith following any prolonged period of inactivity, all as may be determined by Kukaret in its complete discretion.

The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions shall survive any termination. The license grants mentioned herein shall continue in effect subject to the terms of the applicable Kukaret license. Your warranties and indemnification obligations shall survive any termination for one year.


Use of Content Posted to the Websites

As used in these Terms of Services, “Content” includes, but is not limited to, photos, profiles (including username, images, and other metadata), text, information, lists of “worlds,” forum posts, stories, and any other Content that is posted, uploaded or displayed (“post” or “posted”) on or through the Websites or the Services. You may only post Content that you have the right to post. For example, this means that you can only post Content that you yourself create, that is in the public domain, or that you have been expressly granted the right to use and post. For the avoidance of doubt, materials that infringe the rights of any third party (i.e., materials used without express permission of the copyright owner) may not be posted. Any Content you provide to the Websites will be considered Third Party Content for the purposes of these Terms of Use. You represent, warrant, and agree that no Content of any kind submitted or posted through your account on the Websites, or submitted, posted or otherwise shared by you through any Service, will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other person or proprietary rights, or contain libelous, defamatory or otherwise unlawful material.

With the exception of these Terms of Use and the DMCA Notice and Takedown Procedure, and any Content identified as Third Party Content, all Content on the Websites is owned and copyrighted by Kukaret, all rights reserved. These Terms of Use are owned and copyrighted by Kukaret, and licensed under a Creative Commons Attribution 3.0 Unported License. The DMCA Notice and Takedown Procedure is owned and copyrighted by Kukaret, and licensed under a Creative Commons Attribution 4.0 International License. You represent and warrant to Kukaret that you will use any and all content, text, or images made available at the Websites in accordance with the applicable license.

By using the Websites, you agree that you are solely responsible for your use of any and all Content made available thereon. You acknowledge that Kukaret does not make any representations or warranties about the Content, including without limitation, about the accuracy, integrity or quality of the Content and information made available at the instigation of users of the Websites (including the provenance or ownership of works included on a list of works). You understand that by using the Websites, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances is Kukaret liable in any way for any Third Party Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted to, linked to or otherwise accessible or made available via the Websites or the Services.

You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the provenance, ownership, accuracy, completeness, or reliability of such Content. In this regard, you acknowledge that you may not rely on any Content not created by us or submitted to us, including without limitation information posted on or linked to from any profile page or elsewhere on the Websites, works identified on a list of works, or works to which a badge has been affixed.

You further agree that all content posted by you or Kukaret on the Websites is made available under the terms of the license specified on the Websites, and that all rights not expressly granted under the terms of such license are reserved to Kukaret and its licensors.

You may post and thereafter edit data to the Websites for public viewing. To the extent such Content is copyrightable, as a condition to making the posting you must grant a non-exclusive and royalty-free license to Kukaret for all content you upload to the Websites. By submitting Content to the the Websites, you represent and warrant to Kukaret that you have all necessary rights and authority to upload such Content the Websites and you allow Kukaret to use the Content for any purpose whatsoever, with or without attribution.

You are solely responsible for the Content that you post. Kukaret may, but is not obligated to, review your postings, and may delete or remove (without notice) any Content in its sole discretion that Kukaret determines violates these Terms of Use or that may be offensive, illegal, or that might violate the rights, harm or threaten the safety of others. Kukaret does not endorse or support any Content posted on the Websites.

You alone are responsible for creating backup copies and replacing any Content you post on the Websites, and you authorize Kukaret to make copies of your Content as we deem necessary in order to facilitate the posting of your Content on the Websites. You may remove your Content from the Websites at any time. If you choose to remove any Content, the non-exclusive and royalty-free license granted above will remain in full force and effect in accordance with its terms.

You agree that, while Kukaret may make efforts to ensure that the Content made available on the Websites is legal, non-infringing, and that the use of it in accordance with these Terms of Use and, where applicable, a Creative Commons license will not infringe the rights of any third party, Kukaret cannot guarantee that Content made available on the Websites, works identified on a list of works, or works to which a badge has been affixed do not infringe the rights of any third party.

You further agree that all Content posted by Kukaret (as opposed to Members or other users) on the Websites is made available under the terms of the license specified above, and incorporated by reference into these Terms of use, and that all rights not expressly granted under the terms of such license are reserved to Kukaret and its licensors.

User Conduct

Users of the Websites agree not to use the Websites to:


Third Party Websites and Third Party Content

The Websites may contain links to websites not controlled by Kukaret (“Third Party Websites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information and other items belonging to or originating from persons or organizations other than Kukaret (“Third Party Content”). You acknowledge that Kukaret:

  1. is not responsible or liable for any Third Party Websites, including without limitation, the Third Party Content, information, or products made available at any Third Party Websites;
  2. has not reviewed any Third Party Websites or Third Party Content for accuracy, appropriateness or completeness;
  3. has not sponsored or otherwise endorsed Third Party Websites or Third Party Content; and
  4. makes no representations or warranties whatsoever about any Third Party Websites or Third Party Content.

DISCLAIMER OF WARRANTIES

To the fullest extent permitted by the applicable law, Kukaret offers the website as-is and makes no representations or warranties of any kind concerning the website, express, implied, statutory, or otherwise, including, without limitation, warranties of title, merchantibility, or fitness for a particular purpose. Kukaret does not warrant that the functions or content contained on the website will be uninterrupted or error-free, that defects will be corrected, or that the website is free of viruses or other harmful components. Kukaret does not warrant or make any representation regarding use or the result of use of the content in terms of accuracy, reliability, or otherwise.


LIMITATION OF LIABILITY

Except to the extent required by applicable law and then only to that extent, in no event will Kukaret, its employees, officers, directors, affiliates, or agents (“the Kukaret parties”) be liable to you on any legal theory for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including without limitation, loss of revenue or income, lost profits, pain and suffering, emotional distress, or similar damages suffered or incurred by you or any third party that arise in connection with the website (or the termination thereof for any reason), even if the Kukaret parties have been advised of the possibility of such damages.

THE KUKARET PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR YOUR USE OF THE WEBSITE OR FOR THE CONDUCT OF THIRD PARTIES, WHETHER ON THE WEBSITE OR OTHERWISE RELATING TO THE WEBSITE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF USE, THE LIABILITY OF THE KUKARET PARTIES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU DIRECTLY TO KUKARET FOR THE USE OR ENJOYMENT OF THE WEBSITE.


Indemnification for Breach of Terms of Use

You agree to indemnify and hold harmless the Kukaret Parties (defined above) from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys fees, resulting, whether directly or indirectly, from your violation of these Terms of Use. You also agree to indemnify and hold harmless the Kukaret Parties from and against any and all claims brought by third parties arising out of your use of the Websites.


Trademarks

The Websites may contain trademarks, service marks, logos and other names (“Marks”) that are the property of Kukaret or such other parties as indicated with respect to that name or icon. In the case of Kukaret’s Marks, all rights are reserved. You may not use Kukaret’s Marks without prior authorization, in writing, from an officer of Kukaret. All other Marks that appear on the Websites are property of their respective owners, and the presence of these Marks does not necessarily indicate an affiliation between Kukaret and the owner of such Marks.


Copyright Complaints and DMCA Compliance

Kukaret respects the intellectual property rights of others, and we prohibit Members of our Network or other users of Services from uploading, posting or otherwise transmitting any materials that violate another person's intellectual property rights.

Kukaret complies with the provisions of the Digital Millennium Copyright Act (DMCA). In compliance with the DMCA, a Designated Agent has been established with proper documentation sent to the US Copyright Office. If you have a concern regarding the use of copyrighted material on the Websites, please refer to our DMCA Notice and Takedown Procedure and contact our designated agent to report alleging copyright infringement. The designated agent is:

Ben Stern
dmca@kukaret.com
12625 Laurel Bowie Rd #2924
Laurel, MD 20709
(240) 547–9227


Other Terms of Use

These Terms of Use are governed by and construed by the laws of the State of Maryland, USA, exclusive of its choice of law rules. The parties agree that any disputes or proceedings between Kukaret and you concerning these Terms of Use and the Websites shall be brought in a federal or state court of competent jurisdiction sitting in Maryland, US, and hereby consent to the personal jurisdiction and venue of such court. Either party’s failure to insist on or enforce strict performance of any of these Terms of Use shall not be construed as a waiver of any provision or right. If any term or part of these Terms of Use is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions. The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and Kukaret as a result of these Terms of Use or your use of the Websites. These terms constitute the entire agreement between you and Kukaret relating to this subject matter and supersede all prior, contemporaneous and future communications (with the exception of future amendments to these Terms of Use as made available by Kukaret from time to time) between you and Kukaret. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

These Terms of Use are Effective as of May 2, 2018.


Using these Terms of Use for Your Own Purposes

You are free to use and adapt these Terms of Use for your own purposes. However, please keep in mind that these terms, as written, may not be completely suitable for your situation. Kukaret strongly encourages you to seek the advice of your own attorney or counsel before using these Terms of Use.

These Terms are based upon the “Creative Commons Terms of Use,” as of August 14, 2009, but have been altered by Kukaret, as permitted by the license therein. This attribution does not indicate that Creative Commons endorses Kukaret nor Kukaret’s adaptation of the Creative Commons Terms of Use.