Welcome to Cadooga! These Terms of Service (“Terms”) set forth a binding agreement between you and Cadooga LLC (“Cadooga,” “we,” “us,” or “our”). These Terms govern your access to and use of www.cadooga.com (the “Site”), our mobile application, “Cadooga” (the “App” and together with the Site, the “Platform”), and all related widgets, tools, data, software, features, and other services provided by us (together, with the Platform, collectively, the “Services”).
PLEASE CAREFULLY READ THESE TERMS BEFORE USING THE SERVICES.THESE TERMS AFFECT YOUR LEGAL RIGHTS, INCLUDING LIMITING CADOOGA’S LIABILITY AND REQUIRING RESOLUTION OF DISPUTES WITHOUT A JURY TRIAL AND ON AN INDIVIDUAL NON-CLASS BASIS. SEE SECTIONS 14 - 17.
We want to keep the Cadooga community safe and secure – so we require all users to create an account to access the Services (“Account”).
A. Creating your Account. You must create an Account to use the Services. You must be at least eighteen (18) years of age to create an Account. In order to create an Account, you will need to provide us with your name, your relationship status, email address, username, your location, birth date, and photo of yourself. We reserve the right to remove or change any username you select.
You agree that you will: (i) not use a username (or email address) that is already being used by someone else; (ii) not impersonate another person, use credentials that belong to another person or violate the intellectual property rights or other right of any person or entity, (iii) not use a username that is offensive; (iv) provide true, accurate, current, and complete Account information about yourself; (v) be solely responsible for all activities that occur under your Account; (vi) immediately notify us of any unauthorized use of your Account, or any other breach of security; and (vii) not sell, transfer, or assign your Account or any Account rights.
B. Deleting Your Account. If you wish to delete your Account and associated Account data, please navigate to Settings option within the App, select “Delete,” and follow the instructions to confirm you would like to delete your Account. Please note that we retain some of your personal information after you delete your Account, as described in our Privacy Policy, including to keep Cadooga safe for all users by preventing fraud within the App.
A. Subscription. The Services are available to you upon paying a recurring monthly subscription fee through the Apple App Store or the Google Play Store. When you purchase your subscription via the Apple App Store or Google Play Store, you may also be subject to these third parties’ terms. The terms of your subscription, including the subscription fee and your subscription period, will be presented to you at the time you authorize payment via Apple or Google. You agree to waive all claims against Cadooga related to any unauthorized payments made through the use of your Apple or Google account. To the extent permitted by applicable law, your subscription will automatically renew for additional subscription periods until you cancel your subscription, or your Account is otherwise suspended or terminated pursuant to Section 6(C) of these Terms. To cancel your subscription, please follow the cancellation instructions set out by Apple or Google. If you cancel your subscription, you will continue to have access to the Services until the end of the subscription period. Please note that cancelling your subscription does not delete your Account.
Cadooga may change the terms of your subscription, including the subscription fee. Any changes that we make will begin at the start of the next subscription period following the date of the change. We will give you advance notice of these changes. In the event of any increase in the subscription fee or material reduction in the features, we will communicate these changes to you at least thirty (30) days in advance and the changes will only take effect upon the renewal of your subscription following the applicable thirty (30) day period. You can cancel the subscription prior to the effective date of the changes by following the instructions provided by Apple or Google. If you do not cancel your subscription prior to the applicable effective date of the changes, the changes to the subscription will become effective upon the start of the new subscription period.
B. Promotional Offers. We may offer special promotional offers for the Services. The specific terms of the promotional offer will be disclosed to you at the time that you sign up for the offer. Promotional offers are determined by Cadooga at its sole discretion. UPON THE EXPIRATION OF THE PROMOTIONAL OFFER PERIOD, WE MAY CHARGE YOUR PAYMENT METHOD, UNLESS YOU CANCEL THE SUBSCRIPTION PRIOR TO THE LAST DAY OF THE PROMOTIONAL OFFER.
C. Trial Subscriptions. We may offer a free trial for a limited time. The duration of the trial subscription will be specified at sign up in the applicable offer. UPON THE EXPIRATION OF THE TRIAL SUBSCRIPTION, WE WILL CHARGE YOUR PAYMENT METHOD, UNLESS YOU CANCEL THE SUBSCRIPTION PRIOR TO THE LAST DAY OF YOUR TRIAL SUBSCRIPTION.
Congratulations - when you create an Account to use our Services and pay for your subscription, you officially become a Cadooga Member (“Cadooga Member”)! You will have access to certain features within the App.
A. Face Scan. Cadooga’s face scanning feature (“Face Scan”) allows you to scan your face and others to connect with Cadooga Members. To use the Services, including the ability to scan the faces of other Cadooga Members, you must consent to the scanning of your face, which may be considered biometric data, and agree that other Cadooga Members can scan your face in public. Your use of the Face Scan feature is subject to our Acceptable Use Policy (Section 4) and Community Guidelines (Section 5).
B. Intend2Copyright; Blockchain Networks. Our Intend2Copyright feature (“Intend2Copyright,” or “I2C”) allows users to upload creative content, such as art, music, documents, recordings, or other creative works (“Creative Works”). When you upload your Creative Works, we will store your original file. We will then create a timestamp record of your upload and a hash of your Creative Works to the Polygon Network, an Ethereum Layer 2 blockchain network. Using the Intend2Copyright feature is not the same as registering your Creative Works with the U.S. Copyright Office and does not establish ownership of any copyrightable materials. Instead, the Intend2Copyright feature provides a timestamp on the Polygon Network blockchain of when your Creative Work was first submitted, which you can use as proof that a specific file existed at or before a certain time.
i. Creative Works. You represent and warrant that your Creative Works do not infringe on any third party’s intellectual property rights. When you use the Intend2Copyright feature, you will provide us with a copy of the Creative Works, the name of the Creative Work, the author’s name (or any collaborators), a description of the Creative Works, and what access you would like others to have to your Creative Works. In order to use the Intend2Copyright feature, Cadooga may require you to provide Creative Works in a format that meets certain technical standards as may be indicated by Cadooga from time to time through the Services. You can choose whether you would like your Creative Works to be private or visible and shared with all Cadooga Members on your public feed. If you choose to share your Creative Works with other Cadooga Members, the definition of User Generated Submissions described in Section 7 shall include such Creative Works and you understand that it will be treated as non-confidential.
ii. Blockchain Record. Once your Creative Work has been uploaded, you can verify the blockchain record and view the certificate with the file hash and transaction. You understand an encrypted copy of your Creative Work will be stored, and that storage of the Creative Works file and related metadata (time stamps, logs, cryptographic hashes) is required to use the Services.
iii. Risks. You understand that Cadooga does not own or controlany of the underlying software through which blockchain networks areformed nor does Cadooga have the ability to reverse or delete transactionsconducted on the Polygon Network blockchain. You acknowledge thattimestamps reflect blockchain confirmation times, which may vary due tonetwork conditions, re-orgs, forks, or service interruptions. Usingblockchain-based solutions, networks, and protocols may involve seriousrisk, and you accept any risk. By using the Services, you understand andacknowledge that we make no guarantee of functionality, security, oravailability of such software and networks. You acknowledge andunderstand that Cadooga is not providing legal advice when you use theIntend2Copyright feature. You should consult an attorney about registration,publication, enforcement, and international rights.
C. Beta Features. From time to time, we may make certain features within the Services available to you as an “Alpha” or “Beta” test (“Beta Features”). You agree that the terms of the Beta Features will be disclosed to you at the time of the sign up.
D. Beta Features. The Services are not available outside of the United States or within the State of Illinois.
We love offering Cadooga to you, but we want to make sure that the Cadooga community is safe for everyone. You agree to comply with all applicable national, federal, state, and local laws, statutes, ordinances, and regulations while using the Services. As a user of the Services, you also agree not to:
* Retrieve data from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.
* Trick, defraud, impersonate, or mislead us or other users, including in any attempt to learn sensitive Account information such as usernames or passwords.
* Circumvent, disable, or otherwise interfere with security-related features ofthe Services.
* Use any information obtained from the Services to harass, abuse, or harm another person.
* Make improper use of our support services or submit false reports of abuse or misconduct.
* Engage in unauthorized framing of or linking to the Services.
* Upload or transmit, or attempt to upload or transmit, viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Services or that modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
* Engage in any automated use of the system, such as using scripts to send messages, or using any data mining, robots, or similar data gathering and extraction tools.
* Delete any copyright or other proprietary rights notice displayed via the Services.
* Attempt to impersonate another person or user or use the username of another user.
* Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any software comprising or in any way making up a part of the Services.
* Use the Services as part of any effort to compete with us or otherwise use the Services for any revenue generating endeavor or commercial enterprise.
Cadooga Is Not a Consumer Reporting Agency
Cadooga is not a consumer reporting agency and does not provide consumer reports, background checks, credit checks, criminal history reports, or any other service regulated by the Fair Credit Reporting Act or similar state or federal laws. The identity verification features, search tools, and any information made available through the Services are provided solely for personal use, social connection, and general informational purposes.
You agree that you will not use any information obtained through the Services, including identity verification results or profile information, to make decisions about employment, credit, insurance, housing, education, or any other purpose that would cause the Services to be treated as a consumer report under the Fair Credit Reporting Act or similar laws.
You are solely responsible for ensuring that your use of the Services complies with all applicable laws. Cadooga disclaims any liability arising from any prohibited or unlawful use of information obtained through the Services.
Cadooga Is Not For Commercial Use
The Services are designed for general consumer use only. The Services are nottailored to comply with industry specific regulations such as the Health Insurance Portability and Accountability Act (HIPAA), the Federal Information Security Management Act (FISMA), or any similar regulatory frameworks. You may not usethe Services if your use would place Cadooga into a category requiring compliance with these laws and regulations. You shall not use the Services in any manner that would violate the Gramm Leach Bliley Act (GLBA), the Fair Credit Reporting Act (FCRA), or any similar federal or state laws governing regulated financial orconsumer reporting activities.
The Cadooga community is open to everyone, but we want our community to feel safe while using the Services. While using the Services, you agree that:
* You will not misrepresent your identity.
* You will not stalk, harass, bully, harm, or otherwise mistreat others.
* You will not upload, submit, or share facial images of any person under the age of eighteen, and you will not attempt to create or maintain a verified profile for any person under the age of eighteen.
* You will not upload, submit, or share any image, video, or other media that is manipulated, altered, deepfaked, or otherwise falsified for the purpose of misleading us or other users as to a person’s identity, criminal history, or status.
* You will not solicit compensation or anything of monetary or other valuable consideration from another user.
A. Availability of the Services. You must use the Services in accordance with any and all procedures, forms, formats, displays, and operating times specified by Cadooga. You are responsible for all software, hardware, fees, expenses, costs, and taxes required for you to use the Services. The Services may be unavailable from time to time and for any reason, including, for example, routine maintenance. You understand that, due to circumstances both within and outside of the control of Cadooga, access to the Services may be interrupted or suspended from time to time. Cadooga shall have the right at any time to change or discontinue any aspect or feature of the Services. B. Deleting Your Account. If you wish to delete your Account and associated Account data, please navigate to Settings option within the App, select "Delete," and follow the instructions to confirm you would like to delete your Account. Please note that we retain some of your personal information after you delete your Account, as described in our Privacy Policy, including to keep Cadooga safe for all users by preventing fraud within the App. If you have an active subscription, you will need to cancel your subscription as described above in Section 2(A) before deleting your Account. C. Suspension; Termination. We reserve the right to, with or without prior notice, suspend, terminate, and delete your Account and access to the Services for any reason, in our sole discretion, if you have violated these Terms. Upon termination of your access to the Services, or upon notice from Cadooga, all rights granted to you under these Terms will cease immediately, and you shall immediately discontinue use of the Services.
The Services may allow Cadooga Members to create, submit, post, display, transmit, perform, publish, or distribute content and materials, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or public Creative Works (collectively, “User Generated Submissions”). User Generated Submissions may be viewable by other Cadooga Members and through third-party websites.
When you create or make available any User Generated Submissions, you represent and warrant that:
* The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your User Generated Submissions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
* You are the creator and owner of, or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your User Generated Submissions in any manner contemplated by the Services and these Terms.
* You have the authorization of each identifiable individual person in your User Generated Submissions to use the name and likeness of each such person to enable inclusion and use of your User Generated Submissions in any manner contemplated by the Services and these Terms.
* Your User Generated Submissions are not false, inaccurate, or misleading.
* Your User Generated Submissions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
* Your User Generated Submissions are not offensive, obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
* Your User Generated Submissions do not ridicule, mock, disparage, intimidate, or abuse anyone.
* Your User Generated Submissions are not used to harass or threaten any other person or to promote violence against any person or class of people.
* Your User Generated Submissions do not violate any applicable law, regulation, or rule.
* Your User Generated Submissions do not violate the privacy or publicity rights of any third party.
* Your User Generated Submissions do not violate any applicable law concerning child pornography or any law intended to protect the health or well-being of minors.
* Your User Generated Submissions do not include any offensive comments connected to race, national origin, gender, sexual orientation, or physical handicap.
* Your User Generated Submissions do not otherwise violate, and do not link to material that violates, any provision of these Terms or any applicable law or regulation.
You acknowledge that any User Generated Submissions you submit through the Services, including content that you submit via the Intend2Copyright feature, will be deemed to be non-confidential.
You agree that Cadooga shall have, and hereby grant to Cadooga, a worldwide, royalty-free, perpetual, irrevocable, sublicensable, non-exclusive right and license to translate, reproduce, sell, publish, distribute, modify, adapt, display, perform, promote, link to, use, or authorize others to access, in any form or media, any User Generated Submissions that you submit to Cadooga. Cadooga does not endorse any User Generated Submissions, or third-party product or service that may appear in connection with use of the Services.
The Services, and their contents, features, and functionality (including but not limited to all information, software, source code, databases, text, displays, images, photographs, video, audio, functionality, website designs, and graphics and the design, selection, and arrangement thereof) (collectively, “Content”) are owned by Cadooga, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All related names, logos, product and service names, designs, and slogans are trademarks of Cadooga or its affiliates or licensors. You must not use such marks without the prior written permission of Cadooga. All rights not expressly granted to you are reserved by Cadooga and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise.
Subject to these Terms, Cadooga grants you a limited, non-exclusive, revocable, and nontransferable right to use the Services strictly in accordance with these Terms for your personal, non-commercial use.
We take the intellectual property rights of others seriously and require that users of Cadooga do the same. Cadooga handles copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA). If you are a copyright owner or have authority to act on behalf of a copyright owner and want to report a claim that a third party is infringing that material posted on the Platform, please send a notice to our copyright agent at legal@cadooga.com that includes all of the items below.
* A reference or subject line that says: “DMCA Copyright Infringement Notice”;
* A description of the copyrighted work that you claim is being infringed;
* A description of the material you claim is infringing and that you want removed or access to which you want disabled and the URL or other location of that material;
* Your name, address, telephone number, and email address;
* The following statement: “I have a good faith belief that the use of the copyrighted material I am complaining of is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”;
* The following statement: “The information in this notice is accurate and, under penalty of perjury, I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right that is allegedly infringed”;
* The U.S. Copyright Registration Number or a clear chain of authorization demonstrating your legal right to act on behalf of the copyright owner; and
* An electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.
Without limiting Cadooga’s other rights, we may, in appropriate circumstances, disable, or terminate the Accounts of users who may be infringers. This process does not limit our ability to pursue any other remedies we may have to address suspected infringement.
DMCA Counter-Notification. If a work that you submitted to Cadooga is disabled or the work is removed as a result of a DMCA Copyright Infringement Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:
* A description 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;
* A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
* Your name, address, telephone number, email address;
* A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, and that you will accept service of process from the person who provided DMCA Copyright Infringement Notice to us or an agent of such person; and
* Your electronic or physical signature.
If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Services. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.
All personal information that you provide to us in connection with your use of the Services is collected, stored, used, and disclosed by Cadooga in accordance with our Privacy Policy, which is incorporated into these Terms. By using the Services, youconsent to our data practices described in the Privacy Policy.
We may utilize artificial intelligence, machine learning tools, or similar technology within the Services (“Artificial Intelligence Tools”). You acknowledge and agree that any information that you provide via the Services may be used as an input for such Artificial Intelligence Tools. You further agree that we (or one of our vendors) may use any output generated from the Artificial Intelligence Tools for our own commercial purposes, including to enable the Face Scan feature and to remove any User Generated Submissions that violate these Terms and to train artificial intelligence algorithms, models, and solutions.
The Platform and the Services may provide you with access to and/or integration with third-party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services (hereinafter “Third-Party Services”). Cadooga does not have or maintain any control over Third-Party Services and is not and cannot be responsible for their content, operation, or use. By linking or otherwise providing access to any Third-Party Services, Cadooga does not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such Third-Party Services.
Third-Party Services may have their own terms of use and/or privacy policy and may have different practices and requirements than those operated by Cadooga with respect to the Services. You are solely responsible for reviewing any terms of use, privacy policy, or other terms governing your use of these Third-Party Services, which you use at your own risk. You are advised to make reasonable inquiries and investigations before entering into any transaction, financial or otherwise, and whether online or offline, with any third-party related to any Third-Party Services. You are solely responsible for taking the precautions necessary to protect yourself from fraud when using Third-Party Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material from any Third-Party Services. Cadooga disclaims any and all responsibility or liability for any harm resulting from your use of Third-Party Services, and you hereby irrevocably waive any claim against Cadooga with respect to the content or operation of any Third-Party Services.
YOU ACKNOWLEDGE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTIES. CADOOGA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OF TITLE OR NON-INFRINGEMENT AS TO THE SERVICES PROVIDED TO YOU. UNLESS OTHERWISE RESTRICTED OR PROHIBITED BY APPLICABLE LAW, CADOOGA DOES NOT WARRANT THAT THE SERVICES WILL BE ACCURATE, COMPLETE, ERROR-FREE, WITHOUT INTERRUPTION, FREE FROM VIRUSES OR OTHER MALICIOUS AGENTS EVEN IF ANTI-VIRUS MECHANISMS ARE DEPLOYED. CADOOGA DOES NOT WARRANT THAT ANY COMMUNICATION WILL BE TRANSMITTED UNCORRUPTED OR AT ANY UPSTREAM OR DOWNSTREAM SPEED. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS. AS WITH THE PURCHASE OF ANY PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THOSE PROVISIONS MAY NOT APPLY TO YOU. THIS SECTION WILL CONTINUE IN EFFECT AFTER THESE TERMS TERMINATE.
Cadooga assumes no responsibility regarding the accuracy of User Generated Submissions presented on the Services. Cadooga makes no warranty whatsoever that any of this information is accurate and does not guarantee that it will verify the statements of its users. Reliance on any information provided by Cadooga or others appearing in our Services is solely at your own risk. Cadooga disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Services.
The information and Content available through the Services may include inaccuracies, errors, omissions, or typographical errors. Changes are periodically added to the information herein. We reserve the right to update or make improvement, or changes to the Services at any time, without prior notice.
You hereby agree to indemnify, defend, and hold harmless Cadooga its successors,assigns, affiliates, agents, directors, officers, employees, and shareholders from andagainst any and all claims, obligations, damages, losses, expenses, and costs,including reasonable attorneys' fees, resulting from:(i) your use of the Services; (ii)any breach or violation by you of these Terms; (iii) your User GeneratedSubmissions; (iv) your violation of any laws, rules, regulations, codes, statutes,ordinances, or order; (v) your violation of the rights of any third party, includingany intellectual property, publicity, confidentiality, property, or privacy right; or(vi) any misrepresentation made by you. Cadooga reserves the right to assume, atyour expense, the exclusive defense and control of any matter subject toindemnification by you. You agree to cooperate with Cadooga’s defense of anyclaim. You will not in any event settle any claim without the prior written consentof Cadooga.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR ANY OTHER DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, (I) NETWORK INTERRUPTIONS OR BLOCKCHAIN/NETWORK EVENTS (INCLUDING DELAYS, RE-ORGS, FORKS, OR NODE OUTAGES); (II) TECHNICAL LIMITATIONS (INCLUDING HASHING MISMATCHES FROM FILE ALTERATIONS, COMPRESSION, OR RE-ENCODING); (III) LOSS, CORRUPTION, OR DELETION OF DATA; OR (IV) THIRD-PARTY SERVICES (WALLETS, CHAINS, STORAGE PROVIDERS); EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CADOOGA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) FOR ALL CLAIMS IN CONNECTION WITH THE SERVICES THAT UNDERLIE THE CLAIM(S) EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO CADOOGA FOR THE SERVICES DURING THE TWELVE-MONTH (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST INITIATE A CLAIM OR US$1,000.00, WHICHEVER IS LESS. YOUR SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET FORTH HEREIN. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You expressly agree that under no circumstances will Cadooga be responsible or liable for any content, act, inaccuracy, or omission, including, without limitation, any threatening, defamatory, obscene, offensive, or illegal conduct, of any third party, and you hereby release Cadooga for any such claims based on the activities of third parties.
These Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Delaware, applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles. Any action arising out of or relating to these Terms shall be filed only in the state or federal courts located in Delaware and you hereby consent and submit to the exclusive personal jurisdiction and venue of such courts.
A. APPLICABILITY. YOU UNDERSTAND AND AGREE THAT THESE DISPUTE RESOLUTION TERMS APPLY TO ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND CADOOGA, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES, AND/OR RELATED COMPANIES ARISING OUT OF OR RELATING TO YOUR USE OR ACCESS TO THE SERVICES.
B. Dispute Notice and Informal Dispute Resolution. If a dispute should arise between you and Cadooga, we want to provide you with a resolution that is efficient and cost effective. Before initiating an action, you and Cadooga each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (i) a written description of the problem and relevant documents and supporting information; and (ii) a statement of the specific relief sought. A Notice of Dispute can be (1) mailed to Cadooga LLC, 780 Long Beach Blvd., Long Beach, NY 11561, or (2) emailed to legal@cadooga.com. You and Cadooga agree to make attempts to resolve the dispute prior to commencing any legal action, including the filing of a lawsuit, until a 45-day post-notice resolution period expires. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or Cadooga may commence a lawsuit or other legal action.
C. NO CLASS ACTIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND CADOOGA AGREE THAT ANY AND ALL DISPUTES (WHETHER BASED IN CONTRACT, STATUTE, TORT, OR ANY OTHER THEORY) WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION. ALL CLAIMS MUST BE BROUGHT SOLELY IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION, OR PROCEEDING.
D. WAIVER OF JURY TRIAL. EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHTS THEY MAY HAVE (INCLUDING BUT NOT LIMITED TO, THEIR CONSTITUTIONAL OR STATUTORY RIGHT) TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING FOR ANY DISPUTE, INCLUDING BUT NOT LIMITED TO DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS OR THE RELATIONSHIP OF THE PARTIES.
Subject to these Terms, Cadooga grants you a limited, non-exclusive, revocable, and nontransferable license to download, install, and use the Platform for your personal, non-commercial use on a mobile cellular device or tablet owned or otherwise controlled by you (“Device”) strictly in accordance with these Terms.
A. Terms Specific to Apple Mobile Devices. If you are accessing or using our App on any Apple, Inc. (“Apple”) Device, the following additional terms and conditions apply to you and are incorporated into these Terms by this reference:
i. To the extent that you are accessing the App through an Apple Device, you acknowledge that these Terms are between you and Cadooga, and that Apple is not a party to these Terms other than as a third-party beneficiary as contemplated below.
ii. You acknowledge that Cadooga, and not Apple, is responsible for providing the App and content thereof.
iii. The license granted to you in this Section 18 is limited, nontransferable, and subject to the permitted Usage Rules set forth in the Apple Media Services Terms and Conditions. The license is limited to use the App on any Apple-branded products that you own or control as permitted by these Terms, except that the App may be accessed and used by other accounts associated with you via “Family Sharing” (as defined in the Apple Media Services Terms and Conditions), volume purchasing or Legacy Contacts.
iv. As between Cadooga and Apple, Cadooga is solely responsible for providing any maintenance and support services with respect to the App that Cadooga may offer (which, if provided, is provided in Cadooga’s sole discretion). You acknowledge that Apple has no obligation whatsoever to furnish maintenance or support services with respect to the App.
v. You and Cadooga acknowledge that Cadooga, not Apple, is responsible for addressing any of your claims or any third-party claims relating to the App or your possession and/or use of the App, including but not limited to (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
vi. Further, you agree that if the App or your possession and use of the App infringes a third party’s intellectual property rights, Cadooga, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim, but only to the extent it relates to your use of the App.
vii. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
viii. When using the App, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the App. You may not use the App on a device that has firmware or software configuration that has not been authorized by Apple (“jailbroken”) device.
ix. TO THE EXTENT ANY WARRANTY, WHETHER EXPRESS OR IMPLIED, REGARDING THE APP ARISES BY LAW OR HAS NOT BEEN DISCLAIMED UNDER THESE TERMS, CADOOGA, AND NOT APPLE, IS SOLELY RESPONSIBLE FOR SUCH WARRANTY. IF YOU ARE A CUSTOMER OF THE SERVICES AND THE APP FAILS TO CONFORM TO SUCH WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE (IF ANY) PAID FOR THE APP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECTED TO THE APP, AND ANY OTHER CLAIMS, LOSS, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO THE WARRANTY IS CADOOGA’S SOLE RESPONSIBILITY.
B. Terms Specific to Android Mobile Devices. If you downloaded the App through Google, Inc.’s (Google, Inc. together with all of its affiliates, “Google”) Google Play Store, the terms and conditions below apply to you and are incorporated into these Terms by this reference.
i. The license granted in this Section 18 is limited to accessing the App by way of download via Google Play Store, except that the App may be used by a family group and family members whose accounts are joined together for the purpose of creating a family group.
ii. You acknowledge and agree that these Terms are between you and Cadooga, and that Google is not a party to these Terms and Google is not responsible for providing support services for the App.
iii. If any of the terms and conditions in these Terms are inconsistent with the Google Play Development Distribution Agreement (the current version as of the date of these Terms is located at: https://play.google.com/about/developer-distribution-agreement.html). The terms and conditions of Google’s Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict.
These Terms are subject to change at our discretion. You agree that Cadooga may change, terminate, modify, add, or delete any of these terms and conditions. We will indicate changes to these Terms by updating the “Effective Date” at the beginning of the Terms. Your continued use of Services after any update to the Terms will constitute your acceptance of the changes.
A. Complete Agreement; Waiver. These Terms constitute the entire agreement between you and Cadooga with respect to the use of the Services and supersede any prior agreements, representations, warranties, assurances, or discussion related to the Services. Except as expressly set forth in these Terms, (i) our failure or delay to exercise or enforce any right, provision, powers, or remedies of these Terms will not operate as a waiver of that or any other right, provision, powers, or remedies; and (ii) no waiver or modification of any term of these Terms will be effective unless in writing and signed by Cadooga.
B. Severability; Interpretation. If any provision of these Terms is found to be invalid, unlawful, void, or unenforceable by any court having competent jurisdiction, the invalidity of such provision shall be deemed severable from these Terms and such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. The summaries of provisions and Section headings are provided for convenience only and shall not limit the full Terms.
C. Assignment. Cadooga may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Cadooga.
D. Investigations; Cooperation with Law Enforcement. Cadooga reserves the right to investigate and prosecute any suspected or actual violations of these Terms. Cadooga may disclose any information as necessary or appropriate to satisfy any law, regulation, legal process, or government request.
E. Export Control. You represent and warrant that you are not (i) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) listed on any U.S. government list of prohibited or restricted parties. You hereby agree that (x) you will comply with all applicable sanctions and export control laws; (y) you are solely responsible for ensuring that the Platform is used, disclosed, and/or transported only in accordance with all applicable sanctions and export control laws, and (z) you will not re-export or transfer the Platform, in any form, directly or indirectly, to any person or entity based in Cuba, Iran, Syria, Sudan, South Sudan, or North Korea.
F. Electronic Communications; Transactions; and Signatures. Using the Services, sending us emails, and completing online forms constitute electronic communications. We may communicate with you electronically in regard to the Services, including by email, and we may collect information related to communications between you and Cadooga. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that any time you electronically transact, agree, or consent via the Platform, your action is intended as an electronic signature which binds you as if you had signed on paper.
YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, ELECTRONIC CONTRACTS, ELECTRONIC ORDERS, AND OTHER ELECTRONIC RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SERVICES. You waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature, non-electronic recordkeeping, or delivery by any means other than electronic means.
For questions or comments about the Services or these Terms, please contact us at: Cadooga LLC 780 Long Beach Blvd., Long Beach, NY 11561 support@cadooga.com
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