1. READ THIS:
This Terms of Use Agreement (“Agreement” or “Terms of Use”) is made by and between KUDOZZ that operates the Kudozz mobile application and you (“you,” “your” or “User”). This Agreement contains the terms and conditions that govern your use of this app / website.

BY ACCESSING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEBSITE / APP, OR OTHER KUDOZZ SOFTWARE, SERVICES, WEBSITES / APPS OR ANY OF KUDOZZ LICENSEES’ SERVICES (COLLECTIVELY “SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE / APP.

KUDOZZ RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN KUDOZZ SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE / APP CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE TERMS OF USE HYPERLINK LOCATED ON THIS WEBSITE / APP.

2. ACCESS TO THIS SITE/APP
To access this site/app or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this site/app that all the information you provide on this site/app will be correct, current, and complete. If KUDOZZ believes the information you provide is not correct, current, or complete, KUDOZZ has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time.

3. RESTRICTIONS ON USE
You may use this site/app for purposes expressly permitted by this site/app. As a condition of your use of KUDOZZ website/app(s), you warrant to KUDOZZ that you will not use the website/app(s) for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
For example, you may not (and may not authorize any party to) (i) co-brand this site/app, or (ii) frame this site/app, or (iii) download any content from this site/app (other than as provided by these terms) without the express prior written permission from KUDOZZ. For purposes of these Terms of Use, co-branding means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with KUDOZZ to prevent or remedy any unauthorized use. In addition, you may not use KUDOZZ website/app(s) in any manner which could disable, overburden, damage, or impair the website/app(s) or interfere with any other party’s use and enjoyment of the website/app(s). You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website/app(s).

4. PERSONAL AND NON-COMMERCIAL USE LIMITATION
KUDOZZ website/app(s) are for your personal and non-commercial use, unless otherwise specified. You may not use this site for any other purpose, including any commercial purpose, without KUDOZZ express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to KUDOZZ website/app(s), unless expressly permitted by these terms.

5. LINKS TO THIRD-PARTY WEBSITES/APPS
This site/app may link to other site/apps which are not maintained by, or related to, KUDOZZ. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website/apps. Links are to be accessed at the user’s own risk, and KUDOZZ makes no representations or warranties about the content, completeness or accuracy of the sites linked to or from this site/app. You expressly hold KUDOZZ harmless from any and all liability related to your use of a third-party website/app.

6. OBJECTIONABLE CONTENT AND BEHAVIORS (PROHIBITED CONTENT)
KUDOZZ website/apps contains comment boxes, forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the particular Communication Service. Users agree to adhere to this Terms of Use agreement when using KUDOZZ Communication Services.

When using the Communication Services, you agree that you will not post, send, submit, publish, or transmit in connection with this site any material that:

+ You do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);
+ Advocates illegal activity or discusses an intent to commit an illegal act;
+ Is vulgar, obscene, pornographic, or indecent;
+ Threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
+ Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
+ Harvests or otherwise collects information about others, including e-mail addresses, without their consent;
+ Violates any law or may be considered to violate any law;
+ Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
+ Falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded;
+ Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
+ Solicits funds, advertisers or sponsors;
+ Includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
+ Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
+ Amounts to a pyramid or other like scheme, including contests, chain letters, and surveys;
+ Disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site; or
+ Contains hyper-links to other sites/apps that contain content that falls within the descriptions set forth above.

KUDOZZ reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. KUDOZZ reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. KUDOZZ also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Materials uploaded to a Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials.

Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither KUDOZZ nor any third party that provides Content to KUDOZZ will assume or have any liability for any action or inaction by KUDOZZ or such third party with respect to any submission. KUDOZZ cautions you against giving out any personally identifying information about yourself in any Communication Service. KUDOZZ does not control or endorse the content, messages or information found in any Communication Service and, consequently, KUDOZZ specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service.

7. SUBMISSIONS
Unless you and KUDOZZ enter into a separate written contract for use of your Content that states otherwise, you hereby grant to KUDOZZ the 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 all content, remarks, suggestions, ideas, graphics, or other information communicated to KUDOZZ through this site/app (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. KUDOZZ will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future KUDOZZ operations.
KUDOZZ will treat any personal information that you submit through this site in accordance with its Privacy Policy.

8. DISCLAIMER
YOUR USE OF THIS WEBSITE/APP IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. KUDOZZ DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. KUDOZZ DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE/APP WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE/APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KUDOZZ DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND KUDOZZ MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT KUDOZZ, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE/APP OR ITS CONTENT. KUDOZZ MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

9. LIMITATION ON LIABILITY
KUDOZZ, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF KUDOZZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. TERMINATION OR RESTRICTION OF ACCESS
KUDOZZ reserves the right, in its sole discretion, to terminate your access to any or all of KUDOZZ website/apps and the related services or any portion thereof at any time, without notice.

11. INDEMNITY
You will indemnify and hold KUDOZZ, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

12. TRADEMARKS AND COPYRIGHTS
All contents of KUDOZZ website/apps are: Copyright © KUDOZZ. All rights reserved.

13. COPYRIGHT INFRINGEMENT
Notice and Takedown Procedure
KUDOZZ expeditiously responds to valid notices of copyright infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, you may provide KUDOZZ with a notice that contains all six points enumerated below (preferably via email).

Upon receipt of a valid notice, KUDOZZ will remove or disable access to the allegedly infringing content as well as make a good-faith attempt to contact the owner or administrator of the affected content.
+ An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
+ A description of the copyrighted work that you claim has been infringed upon;
+ A description of where the material that you claim is infringing is located on the site, including the URL, if applicable;
+ Your address, telephone number, and e-mail address;
+ A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,
+ A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Be aware that a notice must contain all six points for KUDOZZ to take action. All other notices will be ignored.

Counter-Notification Procedure
The provider of the allegedly infringing content may make a counter-notification. To file a counter-notification with KUDOZZ please provide KUDOZZ with the following information (preferably via email):
+ Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
+ Your name, address, and telephone number;
+ The following statement: “I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]”;
+ The following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”;
+ The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and
+ Your signature, in physical or electronic form.

Upon receipt of a counter-notification containing all six points, KUDOZZ will promptly provide the person who provided the original takedown notification with a copy of the counter-notification, and inform that person that KUDOZZ will replace the removed material or cease disabling access to it in 10 business days.

Finally, if KUDOZZ receives notification from the person who submitted the original takedown notification within 14 days of receipt of the counter-notification that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on its system, then KUDOZZ will once again remove the file from its system.

Repeat Infringers
KUDOZZ will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.

Accommodation of Standard Technical Measures.
It is KUDOZZ policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works that KUDOZZ determines are reasonable under the circumstances.

14. SECURITY
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). KUDOZZ will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that KUDOZZ considers insecure, KUDOZZ will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this site/app to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, KUDOZZ reserves the right to release your details to system administrators at other sites/apps in order to assist them in resolving security incidents. KUDOZZ reserves the right to investigate suspected violations of these Terms of Use.

KUDOZZ reserves the right to fully cooperate with any law enforcement authorities or court order requesting or direction KUDOZZ to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS KUDOZZ FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY KUDOZZ DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER KUDOZZ OR LAW ENFORCEMENT AUTHORITIES.

15. MISCELLANEOUS
If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and KUDOZZ as a result of this agreement or use of KUDOZZ website/apps.
These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and KUDOZZ with respect to KUDOZZ website/apps.
KUDOZZ may revise these Terms of Use at any time by updating this posting.

16. CONTACT US
If you have any questions about this Document, please contact us:
By email: info@kudozz.com.ng