Use of Services and Your Responsibilities
a. By using the Services, you agree to use the Services only for the purposes intended as permitted by
- (ii) applicable laws, regulations and generally accepted online practices or guidelines.
b. In order to access our Services, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Services. You agree that any information you provide will always be accurate, correct, and up to date.
c. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Services. Accordingly, you are responsible for all activities that occur under your account/s.
d. Accessing (or attempting to access) any of our Services by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Services through any automated, unethical or unconventional means.
e. You agree that you will not use, and will not permit any third party to:
- (i) modify, disassemble, decompile, prepare derivative works of, reverse engineer or otherwise attempt to gain access to the source code of the Services;
- (ii) knowingly or negligently use the Services in a way that abuses, interferes with, or disrupts KUDO’s networks, any of its accounts, or the Services;
- (iii) engage in activity that is illegal, fraudulent, false, or misleading;
- (iv) upload or otherwise transmit through the Services any material that infringes, misappropriates, or otherwise violates the copyrights, (including moral rights or other rights in authorship), trademark rights, or any other intellectual property rights of any third parties;
- (v) use the Services to build or benchmark a competitive product or service, or copy any features, functions or graphics of the Services;
- (vi) use the Services to communicate any message or material that is harassing, libelous, threatening, bullying, obscene, indecent, or pornographic, is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation;
- (vii) upload or otherwise transmit any software, content or code that does or is intended to harm, disable, destroy or adversely affect performance of the Services in any way or which does or is intended to harm or extract information or data from other hardware, software or networks of KUDO or other users of Services;
- (viii) upload, post, share, or otherwise distribute any content that contains any type of unauthorized or unsolicited advertising or impersonates any person or entity, including any KUDO employees or representatives;
- (ix) engage in any activity or use the Services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Services, or any servers or networks connected to the Services or KUDO’s security systems; or
- (x) use the Services in violation of any KUDO policy or in a manner that violates applicable law, including but not limited to anti-spam, export control, privacy, and anti-terrorism laws and regulations and laws requiring the consent of subjects of audio and video recordings, and you agree that you are solely responsible for compliance with all such laws and regulations.
g. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
h. We may provide various open communication tools on our Services, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, voting tools, file-sharing tools, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
- (i) Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language; or
- (ii) Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party.
j. We do not assume any liability for any content posted by you or any other third party users of our Services. However, any content posted by you using any open communication tools on any of our Services, provided that it doesn’t violate or infringe on any third party copyrights or trademarks, becomes the property of KUDO, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Services.
k. You are responsible for compliance with all law governing the recording and storage of the content of any meetings provided using the Services. A person or business with an account at KUDO (such as your employer) can choose to record meetings it hosts on the KUDO platform. By using the Services, you are giving KUDO consent to store recordings for any or all KUDO meetings that you join, if such recordings are stored in KUDO servers, on behalf of the account holder. The account holder is responsible for informing the meeting participants that the meeting is being recorded. When recording is enabled, a red light will appear on the platform.
KUDO is committed to protecting your personal data. We use reasonable and appropriate technical and organizational measures in accord with industry standards to protect personal data from loss, misuse and unauthorized access, hacking, disclosure, alteration and destruction, taking into due account the risks involved in the processing and the nature of the personal data. KUDO, however, does not and cannot guarantee that your personal data will be free from security breaches, or that materials uploaded in connection with KUDO’s video conferencing and communications services will not contain viruses, trojan horses, worms, or other forms of malware or malicious code.
YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND KUDO, ITS AFFILIATES, SUPPLIERS AND RESELLERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. KUDO, ITS AFFILIATES, SUPPLIERS AND RESELLERS MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE SERVICES IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE SERVICES. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU. KUDO DOES NOT ASSUME ANY RESPONSIBILITY FOR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS.
Limitation of Liability
All content and materials available on any of the Services, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of KUDO, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by KUDO in writing by a person of authority from its management team.
Termination of Use
- your disclosure to us of any personal data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, and that those data are accurate, up to date and relevant when disclosed.
b. KUDO shall not be liable for any unforeseeable event beyond its reasonable control not caused by its fault or negligence (each, a “force majeure event”), which causes KUDO to be unable to perform its obligations under this Agreement, and which it has been unable to overcome by the exercise of its due diligence, provided that KUDO shall use reasonable efforts to avoid or remove such causes of nonperformance, shall suspend performance only for such period of time as is necessary as a result of such force majeure event and shall resume performance as quickly as possible.