End User Licensing Agreement
If you agree to be bound by the terms of this Agreement, click on the "I AGREE" button at the end of this Agreement. If you do not agree to be bound by the terms of this Agreement, click "I DISAGREE." If you click "I DISAGREE," you will not be able to proceed with the registration process for the respective Service and become a subscriber.
If are using or have access to a Service without having completed our registration process and clicked on an "I AGREE" button, your continued use of a Service is subject to the terms and conditions of this Agreement.
1. Nature of This Agreement: This Agreement creates a license, not a transfer of title, and you may not nor permit anyone else to sell, transfer, assign, lease, modify or create derivative works, or otherwise use the Content and Services described herein for any purpose, public or private.
2. Changes to Subscriber Agreement: We may change the terms of this Agreement at any time by notifying you of the change in writing or electronically. The changes also will appear in this document, which you can access at any time. You agree to be bound by such changes by using a Service after changes are made to this Agreement.
4. Fees and Payments: You agree to pay the subscription fees and any other charges incurred in connection with your user name and password for a Service (including any applicable taxes) at the rates in effect when the charges were incurred. We will bill all charges automatically to your credit card. Subscription fees will be billed at the beginning of your subscription or any renewal. Unless we state in writing otherwise, all fees and charges are nonrefundable. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. If you want to use a different credit card or there is a change in credit card validity or expiration date, or if you believe someone has accessed a Service using your user name and password without your authorization, you must immediately notify us and request corrective action. You are responsible for any fees or charges incurred to access a Service through an Internet access provider or other third-party service.
5. Renewal: Your subscription will renew automatically, unless we terminate it or you notify us by telephone, mail, or e-mail (receipt of which must be confirmed by email reply from us) of your decision to terminate your subscription. For annual subscriptions, we will notify you of the pending renewal of your subscription at least thirty (30) days prior to the date your subscription renews, except as otherwise required by law. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card.
6. Limitations on Use:
a. Only one household may access a Service at the same time using the same user name or password, unless we agree otherwise. If you violate this restriction, we will terminate your subscription by email notification.
b. The Kudda and KuddaSports logos are the sole property of Kudda Corp. Nothing on Kudda.com may be copies, altered or manipulated without the written permission of Kudda. The videos, graphics, images, texts, design, organization, compilation, look and feel, advertising and all other protectable intellectual property (the "Content") available through the Services is our property or the property of our advertisers and licensors and is protected by copyright and other intellectual property laws. Unless you have our written consent, you may not sell, publish, distribute, retransmit or otherwise provide access to the Content received through the Services to anyone. To request such permission, send an email to email@example.com.
c. You may not rearrange or modify the Content. You may not create copies or abstracts from our content for use on another web site or service. You may not post any content from the Services to weblogs, newsgroups, mail lists or electronic bulletin boards or similar forums, without our written consent. To request consent for this and other matters, please contact Kudda directly.
d. You may not use the Services for any unlawful purpose. We reserve the right to terminate or restrict your access to a Service if, in our opinion, your use of the Service may violate any laws, regulations or rulings, infringe upon another person's rights or violate the terms of this Agreement. Also, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive. If we determine that your conduct or comments in a forum or comment area are inappropriate, we will terminate your account by email notification. We are not responsible for the conduct of others in a forum or comment area. Forums are meant to be pleasant and helpful; do not use profanity or make disrespectful comments to coaches, members or participants in videos.
7. Third Party Web Sites, Services and Software: We may link to, or promote, web sites or services from other companies or offer you the ability to download software from other companies. You agree that we are not responsible for, and do not control, those web sites, services and software.
8. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE CONTENT AVAILABLE THROUGH THE SERVICES IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
KUDDA AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS ("THE KUDDA PARTIES") WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES FOR PERSONAL INJURIES, MEDICAL BILLS, EMOTIONAL DISTRESS, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE KUDDA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE KUDDA PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
9. General: This Agreement contains the final and entire agreement between us regarding your use of the Services and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Services. We may discontinue or change the Services, or their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of Maryland, United States of America applicable to contracts made entirely within Maryland and wholly performed in Maryland, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in Maryland.
10. Additional Terms and Notices: We employ cookie technology. Any notice required by this Agreement or given in connection with it, shall be in writing and delivered by mail or electronic mail to Kudda at the address listed on its website.EULA Version: 2011/01