Qukku Terms of Service

Updated: March 9, 2012

This Terms of Service Agreement ("TOS") is a contract between You ("You") and Chicabracan Inc dba Qukku ("Qukku"). For the purpose of this agreement, "Service" shall mean any of the services made available to users who have registered for an account with www.qukku.com or users who view content on the site located at www.qukku.com. You understand that the terms "Qukku," "Qukku application," www.qukku.com and qukku.com may sometimes be used interchangeably but all refer to the Service as that term is defined in this agreement. You agree to the terms and conditions of this TOS by visiting the website located at www.qukku.com; by using or viewing any content or application associated with the Service; by completing the form located at www.qukku.com to request an account, or by clicking through the link in the confirmation email to activate Your account. By doing so, You agree to the terms of (1) this TOS; (2) Qukku's Privacy Policy found at www.qukku.com/privacypolicy; and (3) the Qukku Community Rules found at www.qukku.com/communityrules. If You do not assent to these terms, do not utilize the Service.

1. SERVICE
   1. There is NO PURCHASE NECESSARY TO WIN in any contest or event provided by the Qukku application.
   2. This TOS applies to any person or entity that uploads, transmits, or otherwise utilizes Content via the Service or who views Content via the website located at www.qukku.com. "Content" includes any text, comments, video, music files, image files, or any other form of digital media.
   3. The Service may contain links to or interact with third-party websites or applications. Qukku assumes no responsibility for the services, privacy policies, applications, content or websites of third-parties. You are responsible for having knowledge of and adhering to any third-party terms of service or privacy policies. Qukku cannot and will not edit the content of third-party sites or services. By using the Service, You expressly agree to hold Qukku harmless for any and all liability arising from Your use of third-party services or Content.
   4. The Service may allow, via a third-party, access to images or Content which is in the public domain as construed by the laws of the United States. It is possible that such Content could possibly be outside the public domain in other countries. Qukku cannot guarantee that the Content is actually in the public domain as it relies on the review measures of the third-party service. When You send videos outside of the United States, You assume all risk of any copyright which may attach to the Content.
2. SERVICE CONDITIONS

   This agreement grants You, as a Qukku account holder, permission to use the Service to:

   1. Package messages or media via the Service;
   2. Submit Content to the Service for private use. You understand that Qukku cannot guarantee or maintain confidentiality of any content You submit, package or send, to or via the Service; and

   As a user of the Qukku site, You may, without a Qukku account,

   3. View, download, and otherwise utilize messages, media and Content submitted to or via the Service by other users.

   You do NOT have the right and You agree NOT to use the Service, or Content created using the Service, for any of the following:

   4. Unlawful or harmful behavior or conduct;
   5. Improper copying of proprietary or copyrighted material, such as recording texts or music belonging to others without obtaining written permission from the owner;
   6. Publishing false, misleading, libelous, or defamatory statements about any organization or person;
   7. Publishing hate speech, or other forms of personal, racial or ethnic harassment, such as anti-Semitic or anti-gay commentary;
   8. Publishing sexually explicit content. Sexual content will be considered permissible only if it meets the standards typically applied in the USA for discourse (or display) in public settings;
   9. Publishing Content that includes or describes graphic violence;
   10. Publishing any Content which violates the Qukku Community Rules found at www.qukku.com/communityrules which may be updated from time to time, or if that Content violates any local, state, U.S., or international law; and
   11. Any use, the proper performance of which is likely to be critical to personal health or safety. By way of illustration and not limitation, the Service may not be used in medical diagnostic applications or emergency alert systems.

   Qukku has the sole discretion to determine if any messages, media or other Content published using the Service violates these restrictions. Qukku has the right to terminate Your account, block access to Your account, and block access to Content based on Your violations of this TOS. That decision is at Qukku's sole discretion. Further, Qukku reserves the right to remove any Content without notice to You.

   You do not own your profile or your username. Qukku reserves the right to change or delete usernames and profiles for any reason. If you choose a username or input information to your profile which violates this TOS, the Qukku Community Rules or any applicable law, it will likely be changed or deleted by Qukku, though Qukku has no obligation to do so. Qukku has the right to reclaim usernames that have been inactive for 180 days or for which accounts have been terminated by Qukku or by You. Usernames and profiles are NOT transferrable. You cannot sell or barter for usernames or profiles on the Service in any way.

   You retain all rights in any Content You create. By utilizing the Service to distribute or display Your Content, You grant Qukku a worldwide, non-exclusive, royalty-free, sub-licensable, transferrable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Qukku's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access Your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. These licenses are perpetual and irrevocable.

3. FREE SERVICE

   Free Account Service is offered, contingent on following provisions:

   1. Free Account Service is used for personal, non-commercial purposes;
   2. Please note that if utilizing the Service through a mobile device, standard charges of Your carrier may apply;
   3. Advertising messages may be displayed by Qukku in the Qukku application site and along with the playback or display of content hosted or deployed by the Service; and
   4. Qukku may revoke this free offer at any time.
4. FEE-BASED SERVICE

   Qukku reserves the right to deploy fee-based services at any time. This clause serves as a placeholder for Terms of Service related to future fee-based services.

5. ANCILLARY SOFTWARE

   Qukku may provide software to You for use in support of the Service ("Ancillary Software"), including but not limited to software for the packaging and deploying of media or Content through the Service in the future. This paragraph operates as a placeholder for Terms of Service related to such software in the future.

6. LINKING TO RECORDINGS AND CONTENT

   You have the limited right to link from the Internet to Content of the Service. You may only do so by using a URL as provided by the Service. Linking to any other part of the Service is not permitted. In addition, You agree that Your website or application will not, in any way, copy or resemble the look and feel of the Service, nor will it create the impression that Your site is Qukku's site, or any part of the Service.

   Qukku grants to You a limited, non-transferable, non-exclusive, revocable license to use logos or trademarks belonging to Qukku that may be displayed by invoking links to recordings hosted by the Service for Your personal use. This license applies only in connection with the playback of such recordings or display of Content from the Service, and does not give You the right to use logos or trademarks for any other purpose. This license shall terminate upon the effective date of the termination of this Agreement.

7. TERM

   The term of this TOS begins upon Your visiting the Service, by visiting the website located at www.qukku.com, by using or viewing any Content or application associated with the Service, when You sign up for Service by requesting an account via the Qukku application or by clicking through the link in the confirmation email to activate Your account. At any time, either Party may terminate this TOS, with or without cause, by giving the other Party written notice of termination.

   If You continue to use the Service following termination of this TOS, such use shall be an intentional infringement of Qukku's copyright. Accordingly, upon termination of this TOS, You shall cease using the Service, and remove any links to recordings, media or Content hosted by the Service as a result of Your use of the Service.

8. NO WARRANTY

   You assume responsibility for the selection of the Service to achieve Your intended results. Qukku provides the Service on an as-is basis. You have received the Service free of charge, and there is no warranty provided whatsoever.

   Qukku makes no representation that the operation of the Service will be uninterrupted.

   YOU AGREE THAT YOU USE THE SERVICE AT YOUR OWN RISK. QUKKU AND ITS OFFICERS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. QUKKU MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. QUKKU DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND QUKKU WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

   EXCEPT AS SPECIFIED IN THIS SECTION, THERE ARE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND THE SERVICE, ANCILLARY SOFTWARE, AND DOCUMENTATION (AS WELL AS ANY OTHER FILES ON THE SERVICE) ARE PROVIDED "AS- IS."

9. LIMITATION OF LIABILITY

   UNDER NO CIRCUMSTANCES SHALL QUKKU BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM THE USE OR INABILITY TO USE THE SERVICE OR ANY OTHER PROVISION OF THIS AGREEMENT. THIS INCLUDES ANY ALLEGED DAMAGE CAUSED BY A THIRD-PARTY DISTRIBUTING BUGS, VIRUSES OR ANY OTHER MALWARE VIA THE SERVICE OR AS DESCRIBED HEREIN. THIS ALSO INCLUDES ANY DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT QUKKU IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

   YOU SPECIFICALLY ACKNOWLEDGE THAT QUKKU SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

10. INDEMNIFICATION BY YOU

    You shall indemnify and hold Qukku, its owners, representatives, and their successors, heirs and assigns, harmless, and defend Qukku and such parties from any claims or lawsuits (including attorneys' fees, legal costs, judgments and settlements) that arise or result from the use of the Service. The Service is intended for use only with properly licensed media, content and content-creation tools. You have full responsibility to ascertain whether any copyright, patent or other licenses are necessary and to obtain any licenses to such media and content. You agree to use only those materials for which You have the necessary patent, copyright and other permissions, licenses, and/or clearances. You agree to hold harmless, indemnify and defend Qukku, its officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to any claims that You have encoded, copied, compressed, enabled, used, published, displayed, or transmitted any content or materials (other than materials provided by Qukku specifically for Your use) in connection with the Service in violation of another party's rights.

11. ABILITY TO CONTRACT

    YOU WARRANT AND AFFIRM THAT YOU ARE EITHER OVER THE AGE OF 18, ARE AN EMANCIPATED MINOR, OR YOU HAVE PARENTAL OR GUARDIAN CONSENT TO AGREE AND ACCEPT THE TERMS OF SERVICE.

    YOU AGREE AND REPRESENT THAT YOU ARE NOT UNDER THE AGE OF 13.

    If You are under the age of 13, do not use the Service. Please talk to Your parents about using other services which are appropriate for Your age, other than the Service.

12. DIGITAL MILLENNIUM COPYRIGHT ACT
    1. If You are a copyright owner and You believe that any Content submitted by a user of the Service is an infringement of Your copyrights, You may submit a notice to Qukku's designated Copyright Agent under the Digital Millennium Copyright Act ("DMCA"). Your notice must be in the format proscribed in 17 U.S.C. §502(c)(3). Qukku's Copyright Agent is Stephen R. White and he can be contacted via the following: Chicabracan Inc DBA Qukku, 9506 Sotherloch Lake Drive, Spring, TX 77379, Attn: Copyright Agent, Tel: 832-304-4333; Email: stephen@chicabracan.com. Only contact Qukku's Copyright Agent regarding DMCA notices. You acknowledge that if Your notice does not comply with DMCA, it is not valid.
    2. If You are a user of the Service, and You believe that Your Content which was removed, or to which access was disabled, is not infringing or that You own the content or have a valid license to post the content, You may send a counter-notice in accordance with the DMCA which contains: 1) Your physical or electronic signature; 2) a complete description of the removed or blocked content as well as the location of that content; 3) a statement of Your good-faith belief that the Content was removed or blocked due to a misunderstanding, mistaken assertion of copyright, or misidentification of that content; and 4) Your name, address, telephone number, user ID, an express statement that You consent to jurisdiction in federal court in Houston, Texas, and will accept service of process related to any copyright claim with regard to Your Content.
       
       If a counter-notice is received by Qukku's Copyright Agent, Qukku may send the counter-notice to the original complainant informing him that the Content will be replaced or enabled within 10 business days. If an action seeking a court order related to the Content against the Content provider, member or user of the Service, is not filed by the complainant within 10 to 14 business days or more after receipt of the counter-notice, Qukku may replace or restore access to the Content at Qukku's sole discretion.
13. GENERAL PROVISIONS
    1. These Terms of Service shall be governed by and construed under the laws of the State of Texas (except Conflict of Law provisions) and the laws of the United States. The application of the United Nations Covenant on Contract for the International Sale of Goods is expressly excluded. You agree that this TOS is considered to be entered into in Houston, Texas, USA. Arbitration or suit with respect to this TOS may be brought only in Harris County, Texas. You waive all objections to venue to the extent permitted by law. You may not assign this TOS or the rights and obligations it may confer.
    2. Qukku makes no warranties that the Service may be used or accessed in jurisdictions other than the United States. If You access the Service from outside the United States, You do so at Your own risk and assume the risk perpetuated by Your jurisdiction concerning Your access.
    3. This License constitutes the entire contract between You and Qukku with respect to the Service and supersedes all prior or contemporaneous negotiations and agreements, written or oral. No amendment to or modification of this TOS will be binding unless in writing and signed by Qukku or as otherwise stipulated in this agreement.
    4. If any provision of this TOS is held invalid or otherwise unenforceable by any Court, such Court is authorized to revise such provision in a manner as to make it enforceable and fulfill the intent and purpose of this TOS. If such revision is determined to be impossible and the objectionable clause relates to the provisions of either Articles I, II, III, IV, V, VI, VII, VIII, IX, X, XI, XII, or XIII hereof, or to Qukku's ownership of the Service, this TOS shall be terminated and the provisions of Article VII shall apply. In all other cases, such unenforceable provision shall be stricken from this TOS and shall not affect the enforceability of the remaining provisions.
    5. Failure of Qukku to enforce Your strict adherence to any provision of this TOS does not constitute a waiver of Qukku's right to subsequently enforce such provision or any other provision of this TOS.
    6. These Terms of Service and any related rights and licenses created hereunder, either in writing or by operation of law, are not transferrable or assignable by You, but are assignable by Qukku without limitation.
    7. In the event legal judgment is rendered in Qukku's favor to enforce or interpret the terms or conditions of this TOS, Qukku will be entitled to recover reasonable attorney's fees and costs.

IMPORTANT – THIS IS A CONTRACT – PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE CHECKING THE BOX AS PART OF SUBMITTING YOUR VIDEO AND/OR ACTIVATING YOUR ACCOUNT THROUGH FACEBOOK LOGIN OR TWITTER LOGIN.