TERMS OF USE

Küdzoo, Inc. (“Küdzoo”) owns and operates the KudzooApp mobile application (“App”) where students can earn Küdzoo Cash which can then be exchanged for coupons and other offers from our participating vendors. The following Terms of Use (“TOU”) govern your use of the App. Küdzoo may also offer other promotions, sweepstakes, contests, services, or features that have their own terms of use, and to the extent any portion of those special terms conflict with these TOU, the special terms will govern for that specific portion.

By using the App, you agree to be bound by these TOU. If you do not agree to be so bound, you are not authorized to use the App. These TOU are a legal contract between you and Küdzoo and govern your access to and use of the App together with any services offered through the App.

The App is intended for people 13 years of age or older. By accessing the Site, you represent that you are 13 years of age or older.

The App

You can use the Site and App to earn Küdzoo Cash which can then be exchanged for coupons and other offers we provide or are provided by our participating vendors. You will be required to review and agree to the terms of each individual offer you select. Küdzoo is not responsible for any errors by the participating vendors related to offers they upload to the App.

You agree that you will only use the App for personal use, and not for any other commercial venture. Accounts on the App may only be held by students. Each student may hold only one App account. Accounts that are not held by students will be deleted. All accounts of any student holding multiple accounts will be deleted. If your account is deleted, you will lose your Küdzoo cash.

In using the App, you may interact with other App users. You are solely responsible for any such interaction and agree to do so in a manner that is legal, respectable, and consistent with these TOU. Küdzoo is not responsible for the conduct of any other user who may interact with you, regardless of whether or not it is done through the App.

Changes to TOU

Küdzoo reserves the right to modify these TOU at any time without prior notice. You should visit the App from time to time to review the current TOU. By using the App subsequent to any modification of these TOU, you agree to be bound by such modification(s). Küdzoo will highlight any change to these TOU for 30 days after such change(s) is/are made.

Küdzoo does not represent that any of App content is completely accurate, and therefore any reliance on the App is done at your own risk.

Privacy Policy

Your use of the App is governed by the Privacy Policy located at here. The Privacy Policy is incorporated by reference into these TOU.

Report Card Upload Function

The “Submit Your Report Card” function is to be used only for uploading report cards. If you upload any other material, including but not limited to inappropriate or offensive material, Küdzoo has the right to terminate your account and delete your Küdzoo Cash.

Please make sure that your name, school and grades are clearly displayed on the image of your report card you submit to us. Küdzoo does not seek any other information from your report card. Some other information on your report card may be confidential or sensitive, such as your home address or social security number. You should not send Küdzoo this information. Please cover this information or delete it from the image you submit to us.

Küdzoo Cash

Küdzoo Cash or (“ü’s”) can only be redeemed for giveaways, scholarships, experiences and deals available at the time of redemption and have no cash value.

Rewards Are Subject to Availability and Verification of Eligibility

Some of our partners limit the number of rewards we may provide. All Experiences are limited in number. Giveaways, scholarships, experiences and deals available now may not be available at a later date. Küdzoo has the right to verify your Küdzoo Cash when you redeem, and to confirm the accuracy of the information you submitted to obtain your Küdzoo Cash.

Intellectual and Other Property

Other than the exceptions referenced in these TOU or noted elsewhere, all other content on the App is the property of Küdzoo including, but not limited to, all marks, logos, names, text, data, documents, messages, pictures, images, video, audio, graphics, links, software and its underlying code, domain name, or other electronic files (referred hereafter as “Küdzoo Content”).

Certain elements the App, including but not limited to, text, graphics, photos, images, video, audio, color selections, organization and layout, are copyright protected under United States and international copyright laws and treaty provisions. Any Küdzoo Content protected by intellectual property laws may not be copied, republished, posted, modified, edited, transmitted, distributed, used to create derivative works of, or reverse engineered, except that you may print out one copy of each Site page solely for personal, non-commercial use. No right, title, or interest in any Küdzoo Content is transferred to you as a result of your accessing, downloading, or printing such content from the Site or App.

You acknowledge that you have no right, title, or interest in or to the App and/or Küdzoo Content.

KÜDZOO is a mark of Küdzoo. Other marks, names, and logos on the App are the property of their respective owners.

There may be other content located on the App not owned by Küdzoo, and you should respect those property rights as well. All rights not expressly granted herein are reserved to Küdzoo.

Copyright Infringement Notification

If you believe that any content on the App infringes your copyright and you want the content removed from the App, please send a detailed message (under the Digital Millennium Copyright Act, the following information must be included in the message) to Küdzoo’ designated agent for notice of claims of copyright infringement:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.

  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Küdzoo to locate the material.

  4. Information reasonably sufficient to permit Küdzoo to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Küdzoo’ Designated Agent is:

LOGAN E. COHEN
EMAIL:  lcohen@kudzooapp.com; or
PHONE:  (484) 459-3352

Küdzoo reserves the right to terminate any App accounts connected to repeat copyright infringement offenders.

If you believe that any content on the App violates or infringes your intellectual property rights, other than related to copyright, please send a detailed email to EMAIL: info@kudzooapp.com detailing your allegation. Küdzoo takes infringement of intellectual property rights seriously and will investigate the matter.

Password/Username Protection

To earn and redeem Küdzoo Cash, and for other uses of the App, you will be asked to set up a user account that will be password protected. You are responsible for maintaining the confidentiality of your password and account, and agree to notify Küdzoo if your password is lost, stolen, disclosed to an unauthorized party, or otherwise may have been compromised. You are responsible for all activities that occur under your App account. You may only set up one App account, and must do so in your own name. You agree to immediately notify Küdzoo at info@kudzooapp.com of any unauthorized use of your App account or any other breach of security in relation to the App known to you. If Küdzoo suspends or terminates your account under these TOU, you acknowledge that all information and content associated with such account will no longer be available to you.

There are two ways to establish an App account. First, you can simply create your own, unique username and password.

Second, you can login using your Facebook account login credentials. If you are not logged into Facebook already, you will be prompted to do so. Once logged into Facebook (which you may already be through your browser), a Facebook prompt will ask you if you will allow Facebook to transmit your public Facebook data and email address to Küdzoo. If you approve this Facebook authentication, your public Facebook data and email address will transmitted to Küdzoo and you will able to use your Facebook login credentials to log into your Küdzoo account. Küdzoo will then use such public data to populate your Küdzoo account.

You may cancel your App account at any time by contacting us at info@kudzooapp.com.

Products and Services

Küdzoo does its best to provide offers from reputable vendors. Yet, Küdzoo does not endorse any specific third party product or service. Any complaint, legal or otherwise, that you have regarding your experience with a vendor’s products or services is solely with that vendor and not Küdzoo. Küdzoo provides no representations or warranties, including but not limited to, as to the quality, value, safeness, or legality, of the products or services of third parties offered through the App, and you waive any and legal claims against Küdzoo you may have as a result of your experience with a vendor’s product or service.

Each vendor’s offer will have its own rules, regulations, and terms of use, and you are required to follow those. Any dispute over a vendor’s offer or the terms related to the offer is between you and the respective vendor. Küdzoo is not legally affiliated with any vendor.

Links to Third Party Sites And Other Site Interaction

The App may contain links to external sites and apps not controlled and/or affiliated with Küdzoo. If you use these links, you will leave the . For example, there may be links on the App to social media pages. Küdzoo provides these links to you only as a convenience, yet Küdzoo is not responsible for the content at the linked sites, including, without limitation, links displayed on such sites.

The display of the links are not meant to imply that Küdzoo guarantees, approves, recommends, or endorses the linked sites or any information, content and/or products/services available on those linked sites. The links are not meant to indicate any association with Küdzoo. Küdzoo is not responsible or liable for any linked site. If you access the linked sites, you will be subject to the terms of use, privacy, and other policies applicable to those sites. You visit those sites at your own risk and should consult the sites’ policies.

Küdzoo may also allow interaction between the App and other third party sites such as Facebook and other social media sites. This may include “Like” buttons or other interactions through third party buttons or plugins on the App that when used, may allow you to share content from the App with other persons on or through the third party sites or elsewhere. Please consult the privacy policies of these third party sites before using them to make sure you are comfortable with the level of sharing that will take place once you interact with them. It may be very different than how your user generated content and other content is shared on the App. Küdzoo has no control over these third party sites and you use these interaction functions at your own risk. Küdzoo is in no way liable for any harm to you as a result of using one these interaction functions.

User Generated Content

The App may allow you to upload your own user generated content that may include, among other things, photos, audio clips, text, videos, and graphics (“UGC”).

Any UGC you upload/post to the App is done on a non-proprietary and non-confidential basis and you agree that Küdzoo has a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display any UGC for the purpose of operating and/or marketing the App or any related services offered through the App. This license includes any right of publicity rights that may be present in the UGC.

Küdzoo is not required to treat any UGC as confidential.

You further agree that you will not upload/post to the App any UGC that infringes the rights, including but not limited to, intellectual property, privacy, publicity, or contract of some other person or entity. You shall be solely liable for any damages, royalties, or fees resulting from any infringement of rights or any other harm resulting from any UGC you upload/post.

You further represent and warrant that: (i) you own all right, title, and interest, including the intellectual property rights, to any UGC uploaded/posted by you to the App or you have been granted the right by the owner to upload/post the UGC; and (ii) your UGC does not violate the intellectual property rights, privacy rights, publicity rights, contract rights or any other rights of any person or entity.

Küdzoo reserves the right to comply and cooperate with any and all legal requirements, legal authorities, and/or law enforcement agencies regarding the investigation of, or request to disclose, information related to your UGC. By accepting these TOU, you waive and hold harmless Küdzoo from any claims resulting from any action taken by Küdzoo during or as a result of Küdzoo’ investigation and/or from any actions taken as a consequence of investigations by either Küdzoo or law enforcement.

Please note that Küdzoo does not accept unsolicited content or ideas you may attempt to transmit to Küdzoo directly. As such, we take no responsibility for such transmitted content or ideas. If you do send Küdzoo unsolicited content or ideas, you agree that Küdzoo may use such content and ideas in any way Küdzoo wishes without any compensation to you.

Prohibited Conduct

In connection with your access and/or use of the App or any App services, including the uploading/posting of UGC, you agree not to:

  • Violate any federal, state, or local laws or regulations.

  • Upload/post anything that imposes an unreasonable or disproportionately large strain on Küdzoo’ network or computer infrastructure.

  • Engage in any behavior that is designed to hack into or gain unauthorized access to protected areas of the App and/or Küdzoo’ computers, servers or networks, and/or any computers or systems used by other users of the App.

  • Upload/post anything that could destroy, damage, or impair any portion of the App or any computers, systems, hardware, or software used by Küdzoo or other users.

  • Make unauthorized attempts to modify any information stored on the App.

  • Make attempts to defeat or circumvent security features, or to utilize the App for any other purpose other than its intended purposes.

  • Defame, abuse, harass, bully, threaten, or otherwise violate the legal rights (such as rights of intellectual property, privacy and publicity) of others.

  • Use racially, ethnically, or otherwise offensive language.

  • Discuss, incite, or promote illegal activity.

  • Solicit or post sexually explicit images (actual or simulated) or other offensive material.

  • Upload/post anything that depicts cruelty to animals.

  • Upload/post any unsolicited or unauthorized advertising, promotional materials, spam emails, chain letters, pyramid schemes, or any other form of such solicitations.

  • Use any automated technology such as a robot, spider, or scraper to access, scrape, or data mine the App.

  • Use the App to send spam or unsolicited bulk email.

  • Provide false or misleading information when signing up for a Küdzoo account or otherwise uploading/posting any false or misleading information or content through the App.

The previous list of prohibitions is not exclusive. Küdzoo reserves the right to delete your account, terminate your access to the App or any App services for any reason. If we delete your account or terminate your access to the App, you will lose your Küdzoo Cash. Küdzoo reserves the right to refuse, delete, or edit any UGC without cause and without notice for any or no reason including, but not limited to, for any action that Küdzoo determines is inappropriate or disruptive to the Site or App or to any other user of the App.

Küdzoo is under no duty to, and does not represent it will, monitor and/or remove any UGC.

By accepting these TOU, you waive and hold harmless Küdzoo from any claims resulting from any action taken by Küdzoo during or as a result of Küdzoo’ investigation and/or from any actions taken as a consequence of investigations by either Küdzoo or law enforcement related to your use of the App.

Disclaimer of Warranties

YOUR USE OF THE SITE AND APP IS AT YOUR OWN RISK.

KÜDZOO MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE APP. KÜDZOO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE DISCLAIMER OF WARRANTIES APPLIES TO THE APP, ITS CONTENT, AND ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE APP. KÜDZOO DOES NOT WARRANT THAT THE SITE OR APP FUNCTIONS OR CONTENT WILL BE UNINTERRUPTED, TIMELY, OR SECURE. KÜDZOO DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE APP. KÜDZOO DOES NOT WARRANT THAT THE SITE, APP AND/OR CONTENT WILL BE ERROR-FREE, THAT ANY ERRORS ON THE SITE WILL BE CORRECTED, OR THAT THE SITE/SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE APP AND RELATED CONTENT, INCLUDING ANY GOODS, SERVICES OR INFORMATION PROVIDED ON OR THROUGH THE APP, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIRS IN THE EVENT YOU EXPERIENCE ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE, APP OR ANY SITE GOODS OR SERVICES. KÜDZOO MAKES NO WARRANTIES THAT YOUR USE OF THE APP WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY FOR SUCH INFRINGEMENT.

Limitation of Liability

IN NO EVENT WILL KÜDZOO OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, AND BUSINESS PARTNERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, ACTUAL, OR OTHER INDIRECT DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF KÜDZOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF: (1) THE USE OR INABILITY TO USE THE APP OR ANY APP GOODS OR SERVICES; (2) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE APP; (3) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR INACCURACIES ON THE APP; (4) ANY ACTIONS OR INACTIONS BY THE PARTICIPATING VENDORS; (5) YOUR EXPERIENCE WITH VENDOR PRODUCT AND SERVICES; AND/OR (6) ANY OTHER MATTER RELATING TO THE APP OR ANY GOOD OR SERVICE OFFERED ON OR THROUGH THE APP.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF KÜDZOO OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, AND BUSINESS PARTNERS TO ANY PARTY, REGARDLESS OF THE TYPE OF ACTION WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF $100.00 OR THE AMOUNT YOU PAID TO KÜDZOO FOR THE APPLICABLE GOOD OR SERVICE OUT OF WHICH THE LIABILITY AROSE.

IF YOU ARE DISSATISFIED WITH THESE TOU, THE APP, OR ANY GOOD OR SERVICE OFFERED ON OR THROUGH THE SITE OR APP, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APP.

GIVEN THAT SOME STATES DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE LIMITATION OF LIABILITY WILL APPLY TO GREATEST EXTENT ALLOWED UNDER THE LAW.

Indemnity

You agree to indemnify, defend and hold harmless Küdzoo, including its officers, directors, employees, affiliates, agents, licensors, representatives, attorneys, and business partners (“Indemnified Parties”), from and against any and all claims, demands, losses, costs, damages, liabilities, judgments, awards, and expenses (including attorn’ys' fees, costs of defense, and direct, indirect, punitive, special, individual, consequential, or exemplary damages) Küdzoo or any of the Indemnified Parties suffer in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that relates to your use of the App and/or any App goods or services, your breach of these TOU, the use of the App by any person using your password, or any violation of an applicable law or regulation by you. Your indemnification obligation shall survive the termination of these TOU.

Geographic Limitation

Küdzoo operates the App from its headquarters in the United States, and the App and TOU are intended only for users within the United States. If you use the App outside the United States, you are responsible for following your applicable local laws and determining, among other things, whether your use of the App violates any of those local laws.

Miscellaneous

Any and all disputes relating to these TOU, the App and/or any goods or services offered on or through the App, are governed by, and will be interpreted in accordance with, the laws of the Commonwealth of Pennsylvania, without regard to any conflict of laws provisions. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the Commonwealth of Pennsylvania (USA) for any litigation arising out of or relating to the use of the App, waive any objection to the venue of any such litigation in the Commonwealth of Pennsylvania courts, and agree not to plead or claim in any Commonwealth of Pennsylvania court that such litigation brought therein has been brought in an inconvenient forum.

If any part of these TOU is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these TOU, all of which will remain in full force and effect.

These TOU constitute the entire agreement of the parties with respect to the Site and supersede all prior communications, promises and proposals, whether oral, written, or electronic, between you and Küdzoo, with respect to the Site and App.

If you violate any portion of these TOU, Küdzoo reserves the right, without an obligation to do so, to deny you access to the App and/or remove any UGC you may have posted/uploaded on the App. If Küdzoo terminates your access to the App, Küdzoo may also delete your account. Küdzoo has the right to terminate any password-restricted account for any reason.

Küd’oo' failure to enforce any portion of these TOU is not a waiver of such portion.

The proprietary rights, disclaimer of warranties, representations made by you, indemnities, and limitations of liability shall survive the termination of these TOU.

Küdzoo reserves the right, without notice and reason, to take down or terminate the App. You agree that Küdzoo is not liable to you or any other third party for this action.

Küdzoo does not assume any liability or responsibility for your use of the Internet or the App including, but not limited to, any change your computer or mobile device or related systems may sustain as a result of accessing the App.

You are free to text link to the App so long as there is nothing deceptive or infringing about the link. Küdzoo may revoke this linking permission at any time and for any reason.

Certain software elements of the App and related services may be subject to U.S. export laws and controls. As such, no software may be downloaded or exported to any country or foreign citizen that is under a U.S. embargo or that would otherwise violate U.S. law or regulations.

If you need to contact Küdzoo for any reason not already specified in these TOU, please use the following contact information:

EMAIL:  info@kudzooapp.com; or
PHONE:  (484) 459-3352

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