Koovy - Terms of use

Use koovy responsibly and lawfully

Its fun only until someone's hurt

These Terms and Conditions (the “Terms”) are a legal contract between you (the user) and Koovy. These Terms explain how you are permitted to use the Koovy mobile application and services, as well as the Koovy website located at www.koovy.co and any content therein (collectively, the “Services"). Unless otherwise specified, all references to the “Services” include the services available through the Koovy mobile application and the Koovy website, as well as any software that Koovy provides to you that allows you to access the Services from an internet enabled device. By using the Services, you are agreeing to all of the Terms; if you do not agree with any of these Terms, do not access or otherwise use the Services. You may download and/or print a copy of these Terms for you records at: http://www.koovy.co/terms 

Important Note: These Terms contain a dispute resolution and arbitration provision, including class action waiver, which affects your rights under these Terms and with respect to any dispute you may have with Koovy. You may opt out of the binding individual arbitration and class action waiver as provided below.

Changes

Koovy may make changes to the content and Services at any time. Koovy can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on the Services or by notifying you via the App. By using the Services after Koovy has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using Services.

General Use

The Services may not be available in all locations, and we may block access to the Services from certain locations based on your device’s geolocation information; we may add to or remove the areas in which the Services are not available at any time, without notice to you.

By using, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age, but are at least 17 years old (a “Minor”), that you have received your parent’s or legal guardian’s permission to use the Services and agree to these Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless Koovy if the Minor breaches any of these Terms. If you are not at least 17 years old, you may not use the Services at any time or in any manner or submit any information to Koovy or the Services.

Koovy provides content through the Services that is copyrighted and/or trademarked work of Koovy or Koovy’s third-party licensors and suppliers or other users of the Services (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content.

Subject to the terms and conditions of these Terms, and your compliance with these Terms, Koovy hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use the Services solely for your personal use. Except for the foregoing license, you have no other rights in the Services or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Services or Materials in any manner.

If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.

Mobile Applications

The Services are made available via Mobile Applications. To use the Mobile Application you must have a mobile device that is compatible with the mobile service. Koovy does not warrant that the Mobile Application will be compatible with your mobile device. Koovy hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that Koovy may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and Koovy and its third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to your use of the Mobile Application.

The following additional terms and conditions apply with respect to any Mobile Application that Koovy provides to you designed for use on an Android-powered mobile device (an “Android App”) or an iOS device (iPhone)

- You acknowledge that these Terms are between you and Koovy only, and not         with Google, Inc. (“Google”) or Apple, Inc. (Apple)

- Your use of Koovy’s Android or iOS App must comply with Google’s or Apple's then-current Market Terms of Service respectively.

- Google or Apple are only a provider of the Android or iOS Market where you obtained the App. Koovy, and not Google or Apply, is solely responsible for Koovy’s app and the Services and Content available thereon. Google or Apple has no obligation or liability to you with respect to Koovy’s app or these Terms.

- You acknowledge and agree that Google and Apple are a third-party beneficiaries to the Terms as they relate to Koovy’s apps.

Registration

If you desire to register for an account with Koovy to use the Services, you must download the App on your mobile device or use a web browser to access the app's url. When you open the app, you must agree to let Koovy gather your location information; if you do not agree, the Services will not function. You are not required to submit your name or contact information. We also collect your IP address and may generate or collect a unique identifier for your mobile device, which will serve as your user ID.

Electronic Communications

By using the Services, you consent to receiving electronic communications from Koovy. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Services. These electronic communications are part of your relationship with Koovy. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Privacy Policy

Please review Koovy Privacy Policy (the “Privacy Policy”), available at [http://www.koovy.co/privacy] which explains how we use information that we collect about you. By using our Services, you agree that we may use and disclose the information we collect about you as stated in the Privacy Policy. Without limiting the foregoing, you expressly acknowledge that any Submissions (defined below) or other information you submit to the Services may be viewable by all other users of the Services and any third party.

Submissions

You are responsible for any information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the Services (each a “Submission”) and through the Services available in connection with the Services. We reserve the right to retain your Submissions, even after they have expired from view within the App or even after you have deleted them. However, you agree that we have no obligation to retain any Submission for any period of time, nor shall we be responsible or liable to you or any third party for any lost content or losses related to the expiration or deletion of a Submission.

You may not upload, post or otherwise make available on the Services any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.

Unless otherwise explicitly stated herein or in Koovy Privacy Policy, you agree that any Submission provided by you in connection with the Services is provided on a non-proprietary and non-confidential basis. You hereby grant to Koovy a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of your Submissions, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to use the Submissions. We may modify or adapt your Submissions in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the Submissions as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media.

You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through the Services. When you provide Submissions you agree that those Submissions shall not be in violation of the “Unauthorized Activities” paragraph below. Those prohibitions do not require Koovy to monitor, police or remove any Submissions or other information submitted by you or any other user.

Unauthorized Activities

When using the Services and/or the services, you agree not to:

- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such   as rights of privacy and publicity) of others.

- Use racially or ethnically offensive language.

- Discuss or incite illegal activity.

- Post anything that exploits children or minors (including pornography that depicts   minors) or that depicts cruelty to animals.

- Post any copyrighted or trademarked materials without the express permission       from the owner.

- Disseminate any unsolicited or unauthorized advertising, promotional materials,     ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such       solicitation.

- Use any robot, spider, scraper or other automated means to access the Services.

- Take any action that imposes an unreasonable or disproportionately large load on   our infrastructure.

- Alter the opinions or comments posted by others on the Services.

- Post anything contrary to our public image, goodwill or reputation.

This list of prohibitions provides examples and is not complete or exclusive. Koovy reserves the right to (a) terminate access to your account, your ability to post to the Services (or use the Services) and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Koovy determines is inappropriate or disruptive to the Services or to any other user of the Services. Koovy may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Koovy’s discretion, Koovy will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Services or on the Internet.

Unauthorized use of any Materials or Third-Party Content contained in the Services may violate certain laws and regulations. You agree to indemnify and hold Koovy and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Koovy or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of the Services or the use of the Services by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party.

Proprietary Rights

Koovy is a trademark of Brigge Technologies Private Limited in Chennai, India. Other trademarks, names and logos on the Services are the property of their respective owners. Unless otherwise specified in these Terms, all information and screens appearing on the Services, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Koovy, Brigge Technologies Private Limited. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Intellectual Property Infringement

Koovy respects the intellectual property rights of others, and we ask you to do the same. Koovy may, in appropriate circumstances and at our discretion, terminate service and/or access to the Services for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Koovy’s designated agent the following information:

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

- Identification of the copyrighted and/or trademarked 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.

- 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 at   the Services, and information reasonably sufficient to permit Koovy to locate the     material.

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

- A statement that you have a good faith belief that use of the material in the             manner complained of is not authorized by the copyright and/or trademark owner,   its agent, or the law.

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

Koovy’s agent for notice of claims of copyright or trademark infringement on the Services can be reached at: support@koovy.co.

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