TERMS AND CONDITIONS OF USE
Other Terms:
DEFINITIONS
"Kondoot Service/s" means:-
- the application and platform controlled, operated or produced by Kondoot.
- the Kondoot web site at kondoot.com (the "Site")
- live streaming audio and/or video to one or more persons "live broadcasting services" on the Site
- the uses linked to and permitted by Kondoot
- all tools associated with a Kondoot account
- all services provided by Kondoot
"Kondoot" means the corporation that provides Kondoot Services and its officers, directors, employees, affiliates, agents, licensors, suppliers or representatives or any other party involved in creating, producing or delivering the Kondoot Service.
"Paid Services" include all web services and any related support services that we make available to you for a fee on the Kondoot Website, except those web services for which we specifically provide a separate customer agreement. Our Paid Services include, but are not limited to:
- Live streaming audio and visual content to one or more persons or entities for a fee "Live Broadcasting"
- Produced Content
"You/User" means any person, company/entity ("Business") accessing the Kondoot Service or any person or Business who uses, subscribes to, publish through, joins or visits Kondoot.com or Kondoot Services. If you use the Kondoot Service you represent to Kondoot that you have the authority to bind that Business. Your acceptance of the Terms and Conditions will be treated as acceptance by that Business. You and the Business are bound by the Terms and Conditions stated herein. Any reference to "you/your/user" will refer to that business.
"Policies" means any policies, rules or guidelines referred to herein and are hereby incorporated by reference into the Terms and Conditions of Use.
"Produced Content" has the meaning outlined in this clause. Kondoot.com permits Users display video content that may be viewed by any person who chooses to view this video content or any person who is present while this video content is displayed. The video content may be viewed by persons live or otherwise. Produced Content means any content of this nature including but not limited to written works posted on message boards, chat and blogs, video, audio music, images or text.
GENERAL
By accessing Kondoot Services and/or by clicking " I Agree" you accept the Terms and Conditions of Use.
By accepting the Terms and Conditions of Use you are also required to use Kondoot in accordance with the Policies referred to herein.
Your use of the site is subject to the Terms and Conditions at all times.
Kondoot may add, remove or change the Terms and Conditions of Use at any time. Please check these Terms and Conditions of Use and Policies regularly. In the event of any inconsistency between the Policies and Terms and Conditions of Use the Terms and Conditions of Use shall prevail. By accessing or using after the posting of any changes to the Terms and Conditions of Use and Policies you are deemed to have accepted and are bound by such changes.
ELIGIBILITY
To be a User you must be at least 13 years of age.
Only Users that are at least 18 years of age may purchase access to Paid Services.
PROHIBITED USE
Post, upload to or create on the Kondoot web site:-
- content that violates any law, regulation, treaty
- misrepresentations that may damage Kondoot or any third party
- content that is unlawful, obscene, defamatory, libelous, pornographic, vulgar, harassing, hateful, racially or ethnically offensive or in the Kondoot's sole discretion is otherwise inappropriate
- falsely claim an association or affiliation with any person or entity
- impersonate another person or entity
- access the Kondoot account of others without permission
- perform other similar fraudulent activity
- use the Kondoot Service for any purpose other than that permitted in this Agreement
- disable or otherwise interfere with security related features of the Kondoot Service
- defame, harass, threaten or defraud users of the Kondoot Service or third parties without their consent
- attempt or endeavour to discover coding for the Kondoot Service
- interfere or harm operation of the Kondoot Service
- interfere or harm any user's enjoyment of the Kondoot Service
- interfere, disable or damage the Kondoot Service in any manner whatsoever
- copyright infringing activities
TERMINATION
KONDOOT
You agree that Kondoot may in its sole discretion and with or without notice:-
- for any reason whatsoever suspend or terminate any account ( or any part thereof) you may have with Kondoot
- prohibit your use of the Kondoot Service
- discard, remove, discontinue all or any part of your account
- terminate your account and prohibit access to the service for any breach of the terms of use set out herein
- refer any suspect or reported fraudulent, abusive or illegal activity to law enforcement authorities
You agree that Kondoot will not be liable to you or any third party for any action taken in this clause. Any remedies outlined in this clause or this agreement is in addition to the remedies available to Kondoot at law or in equity.
YOU
You agree that your only remedy with respect to any issue you may have with the Kondoot Service, any term of the terms of use set out herein, any policy or practice of Kondoot, any content or information on the Kondoot Service, is to terminate your use of the Kondoot Service. You may terminate your use of the Kondoot Service by terminating your account, discontinuing use of any and all parts of the Kondoot Service.
MATERIAL AND CONTENT
Kondoot permits Users to display, view and store content that is viewed simultaneously or nearly simultaneously by all viewers of such content. The Kondoot Service provides a system and method for Users to produce and distribute authorized live and prerecorded audiovisual content. The Kondoot Service permits its Users to create, upload and/or display content of their own creations, written works posted on message boards, chat and blogs, and any other content, including without limitation, videos, music, images, and text also referred to as Produced Content in this agreement.
You understand that when using the Kondoot Service, you will be exposed to content from a variety of sources, and that Kondoot is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content or other content. You further understand and acknowledge that you may be exposed to Produced Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Kondoot with respect thereto. Kondoot does not endorse any Produced Content or any opinion, recommendation, or advice expressed therein, and Kondoot expressly disclaims any and all liability in connection with the Produced Content.
Kondoot its officers, directors, employees, affiliates, agents, licensors, suppliers and representatives has made nor makes any representation or warranty, express or implied, as to:-
- the accuracy or completeness of any content or material on the Kondoot web site;
- fitness of the content or material on the Site for any particular purpose;
- delays, interruptions, errors or omissions on the Kondoot web site;
- the Kondoot web site meeting your needs or requirements
The User must make its own assessment of any content or material disclosed on Kondoot.com and the user shall satisfy itself as to the accuracy, completeness, fitness and suitability of the site, content or material.
You agree that you use, access, download or otherwise obtain information, materials through the Kondoot Service or any third Party Service at your own risk and that you will be sole responsible for any damage or loss that you may suffer.
You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Kondoot with respect thereto and agree to indemnify and Kondoot, its owners, operators, officers, directors employees, affiliates, licensors, suppliers and representatives harmless to the fullest extent allowed by law regarding all matters relates to your content and use of the Kondoot Service.
Subject to any law to the contrary, and to the maximum extent permitted by law Kondoot its owners, operators, officers, directors, employees, affiliates, licensors, suppliers and representatives disclaim all liability for any claims, demands, suits, actions, loss or damage (whether foreseeable or not) suffered by any person acting on any content, material or information on the Site whether the loss or damage arises in connection with any negligence, default, lack of care or misrepresentation on its part ( or the part of its officers, directors, employees, affiliates, licensors, suppliers and representatives) or any other cause and the User hereby releases Kondoot from all such liability to the User.
LIMITATION OF LIABILITY
Kondoot, its officers, directors, employees, affiliates, agents, licensors, suppliers or any party involved in creating, producing or delivering the Kondoot Service shall not be liable in any manner whatsoever for any damages of any kind, including but not limited to loss of profits or date, business interruption, indirect, incidental, consequential, special or punitive damages arising out of:
the Kondoot Service, your access, use or inability to use this Kondoot Service; and
any performance malfunction, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure; and
inaccuracy of the information on the Kondoot Service; and
delay or loss of the use of the Kondoot Service; and
personal injury or property damage of any nature whatsoever, resulting from your access to and use of the Kondoot Service; and
any unauthorised access to or use of our secure servers and/or any and all personal identifiable information stored therein; and
any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Kondoot Service by any third party.
The liability (if any) of Kondoot or its affiliates, contractors, employees, agents, licensors or suppliers to You for all damages, losses and causes of action arising out of or relating to these terms of your use of the Kondoot Service or your interaction with other Kondoot Service users (whether in contract, tort including negligence, warranty, or otherwise) shall not exceed the amount paid by you, if any, to Kondoot for the particular Kondoot Service to which your damage, loss, cause of action, claim or any other loss directly relates.
Kondoot reserves the right to amend, remove or discontinue any portion of the Kondoot Service or the content on the Kondoot Service or to suspend or terminate your use in any way, at any time, for any reason, without prior notification and will not be liable in any way for possible consequences of such changes.
The above mentioned limitations apply whether the liability is based on contract, tort, negligence or any other basis even if Kondoot, its officers, directors, employees, affiliates, agents, licensors, suppliers or any other party has been advised of the possibility of such damages.
These limitations of liability also apply with respect to damages incurred by You by reason of any products or services sold or provided on any third party services or otherwise by third parties other than Kondoot and received through or advertised on the Kondoot Service or received through any reference sites.
You acknowledge that Kondoot shall not be liable in any manner whatsoever for produced content or the defamatory, offensive or illegal conduct of any third party and that the risk of loss or damage from the foregoing rests entirely with the User.
As some jurisdictions prohibit the exclusion or limitation of certain types of damages, Kondoot, its officers, directors, employees, affiliates, agents, licensors and suppliers liability in such jurisdictions shall be limited to the fullest extent permitted by law.
INDEMNITY
The User shall indemnify and keep indemnified and shall hold harmless Kondoot from and against any claim, demand, suits, actions, damages, loss or liability which arises in respect of the use or application to the maximum extent permitted by law.
OWNERSHIP OF CONTENT AND LICENCE TO KONDOOT
You retain all ownership rights in your Produced Content on Kondoot
Users that submit Produced Content to Kondoot:
- grant Kondoot a perpetual, worldwide, non-exclusive, royalty-free, fully paid-up, sub-licensable through multiple tiers and freely transferable license to display, utilise, reproduce, distribute, publish, create derivative works of, display, edit, and otherwise exploit your Produced Content solely in connection with the Kondoot Service and Kondoot (and its successor's) including without limitation for promoting and redistributing your Produced Content or part of or all of the Kondoot Service (and derivative works thereof) in any media formats or medium now or hereafter in existence; and
- grant each user of the Kondoot Service a non-exclusive license to access your Produced Content through the Kondoot Service, and to use, reproduce, distribute, publish, prepare derivative works of and display such Produced Content solely as permitted through the functionality of the Kondoot Service and under these Terms and Conditions of Use
You are solely responsible for all of your Produced Content and you acknowledge and affirm that the Kondoot Service provides you the means to produce and distribute your Produced Content. Accordingly, you shall be solely responsible for your own Produced Content and the consequences of broadcasting or publishing it.
You affirm, represent and warrant that:
- You are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorise Kondoot and Kondoot' Users to use and distribute Your Produced Content as necessary to exercise the rights and licenses granted by You in these Terms and Conditions in the manner contemplated by Kondoot and these Terms and Conditions; and
- Your Produced Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) defame, libel, or invade the right of privacy, publicity or other rights of any person or entity; and
- Your Produced Content does not contain any viruses, or other malicious code or any content or file that provides a method to access to potentially infringing content outside of the Kondoot Service.
You affirm that your Produced Content does not and shall not violate any of the "Prohibited Uses" set out in the Terms and Conditions of Use.
Should you violate a third party’s rights you may be subject to criminal and civil liability. Kondoot reserves all rights and remedies against any Users who violate these Terms and Conditions of Use.
You understand that Kondoot reserves the right to discontinue any aspect of the Kondoot Service at any time, including the right to discontinue the display of any Produced Content or linked or embedded content.
You are not entitled to any compensation from Kondoot for any Produced Content for any reason.
PRIVACY POLICY
Kondoot is dedicated to protecting your privacy of Users of the Kondoot Service. Please refer to our Privacy Policy for details with respect to the manner in which Kondoot collects and your personal information.
COPYRIGHT
If you are a copyright owner or an agent thereof and believe that nay content on the Kondoot Service infringes your copyrights, you may notify Kondoot in writing of the infringement. This notice of claimed infringement shall identify:-
- the person authorised to act on behalf of the copyright owner with respect to copyrights; and
- the material on the Kondoot web site that is the subject of the copyright infringement so that Kondoot can locate sufficiently identify this material; and
- a request that the material be removed or disabled
- contact details for the Copyright owner
- a statement that the copyright owner believes in good faith that the material identified contravenes in the manner complained of with the copyright owners copyrights.
- That the contents of notification is accurate
If you receive notice from Kondoot that your content has been removed or disabled pursuant to a notification of alleged infringement and believe that this improper or incorrect you may provide Kondoot with a counter notification and include the following:-
- identification of the material that has been removed or disabled; and
- the location of this material on the Kondoot site prior to removal or disabling
- a statement that you have a good belief that the material removed or disabled does not contravene copy rights and the reasons for this belief.
Kondoot accepts no liability whatsoever where Users cause copyright infringement.
Kondoot reserves the right to terminate without notice any user's access if in Kondoot's sole discretion any User's access that contravenes copyright.
Kondoot accommodates and does not interfere with measures used by copyright owners to protect their materials.
PASSWORDS AND PERSONAL SECURITY
You agree to be responsible/liable for maintaining the confidentiality of any passwords or other account identifiers used to access Kondoot Services.
You are agree to be liable for all activities that occur under such password or account identifiers.
You agree to notify Kondoot of any loss of your password or account identifiers and any unauthorised use of your password or account identifiers.
Without limiting anything in this Agreement, Kondoot will not be responsible either directly or indirectly in any way for any claim, demand, suits, actions, damages, loss or liability of any kind incurred as a result of, or in connection with your failure to comply with this section.
THIRD PARTY WEBSITES
The Kondoot Service contains links to other websites and services operated by other people or companies ("Third Party Services"). Third Party Services may have their own terms and conditions of use. Kondoot does not endorse any such Third Party Services or the material, content, services or goods provided on or accessible through Third Party Services. Without limiting anything in this Agreement, Kondoot will not be responsible either directly or indirectly in any way for any claims, demands, suits, actions, damages, loss or liability of any kind incurred as a result of, or in connection with your use of these Third Party Services.
RELEASE FOR DISPUTES BETWEEN USERS
Without limiting anything in this agreement if you have a dispute with one or more Users, you release Kondoot, Kondoot's officers, directors, employees, affiliates, agents, licensors, suppliers and representatives from any claims, demands, suits, actions, damages, loss or liability of any kind.
WAIVER AND SEVERABILITY
Failure or omission to enforce any provision of this Agreement shall not constitute a waiver Kondoot's right to enforce any provision at any time thereafter.
Any waiver of a breach of any provision of this Agreement shall not constitute a waiver of any subsequent breach.
If any part or whole of any provision of this Agreement is found to be unenforceable, such part or whole provision shall be severed from this Agreement or where permissible at law such part or whole provision shall be modified only to the extent necessary to make it enforceable and so that it reflects the parties intention. The remaining provisions of this Agreement shall remain in full force and effect.
JURISDICTION
This Agreement shall be governed and construed in accordance with the laws of the State of Queensland. Any dispute arising out of or relating to this Agreement will be subject to the exclusive jurisdiction of the state of Queensland and you hereby submit to the personal jurisdiction of such courts.
