Effective May 2, 2018
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.
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:
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.
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:
You agree to:
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.
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.
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:
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:
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.
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 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.
Users of the Websites agree not to use the Websites to:
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:
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.
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.
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.
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:
12625 Laurel Bowie Rd #2924
Laurel, MD 20709