Terms of Service

Qukku General Terms of Service

Yes, these terms make a contract between us and you. At least, that is what our lawyer says and he is the one that made us do this. We acknowledge your agreement to these terms by your continued use of the site. If you don’t like these terms, you don’t have to stay. We hope you do. Our Community Rules and Privacy Policy also form part of this Agreement. If you decide to enter into a contest, then additional rules will apply as to the specific contest and your content. We call this our lawyer employment stabilization program.

We may include 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. We have a hard enough time policing ourselves.


LIMITATIONS OF LIABILITY AND WARRANTY

The next section is in all caps because our lawyer told us to yell it out to you. Basically, because we offer this site for the public’s use for free, we cannot afford to be a party to a bunch of expensive lawsuits. So, our lawyer says we can say we really try, but we can’t really promise the world. Here are the details and I promise we are not yelling at you.

IT WOULD BE UNWISE AND TECHNICALLY IMPOSSIBLE TO PROVIDE YOU ANY WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH OUR WEBSITE, SO WE DON’T. 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 IS PROVIDED “AS-IS.” WE ALSO DON’T MAKE ANY PROMISES ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR SITES WE LINKED TO. WE ASSUME NO LIBAILITY FOR A WHOLE BUNCH OF STUFF WE TRY TO AVOID, SUCH AS ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE SITE; (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; AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (BECAUSE WHO KNOWS WHAT THE BAD GUYS ARE COOKING UP) WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY. WE ALSO ASSUME NO LIABILITY 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. WE CAN’T TAKE ON THAT RESPONSIBILITY, SO DO SOME RESEARCH.


LIMITATION OF LIABILITY

If we do get sued, we don’t want to pay a lot because we don’t make enough money off of every user to assume a huge liability for every user. So, our lawyers make us add this in all caps as well to try so you would see it and cover every kind of suit imaginable. That, or our lawyer is angry and likes to yell.

UNDER NO CIRCUMSTANCES SHALL QUKKU BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM THE USE OR INABILITY TO USE THE SERVICE OR ANY OTHER PROVISION OF THIS AGREEMENT INCLUDING ANY DAMAGE TO YOUR DATA, COMPUTER OR SYSTEM, PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, REGARDLESS OF WHETHER IT RESULTS FROM USER GENERATED OR THIRD-PARTY CONTENT. THIS LIABILITY APPLIES REGARDLESS OF WHETHER YOU CLAIM IS 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.


INDEMNIFICATION BY YOU

Our lawyer is a real downer. Because we created this platform and give access to a lot of creative people, our lawyer told us all the bad things people could do. He’s not much fun at parties, either. Although we don’t think our community would do something to cause us harm, you never know so you agree to defend, indemnify and hold us, our owners, officers, representatives, even our lawyers from any claims or lawsuits (including attorneys' fees, legal costs, judgments and settlements) that arise or result from the use of the Service. We expect you not to violate copyrights or the rights of others with your use of this site, so you have to defend, indemnify and hold us (the Global Qukku family of us) 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.


ABILITY TO CONTRACT

Kids can’t form contracts. So, you promise to us you are over 18 or have your parents’ consent to agree to these terms. You also promise to us that you are not under 13. We have nothing against 12-year-olds, but it would trigger requirements under the Children’s Online Privacy Protection Act if our site was targeted to 12-year-olds. If you are under the age of 13, do not use this Service. The lawyers always harsh the mellow, huh?


DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”)

We don’t want a video creator violating copyrights and we really don’t want to be sued for copyright. Fortunately, the law says we are not liable if video creators violate a copyright if we follow the DMCA. If you think your copyright has been violated by one of the video creators, here is what you need to do or otherwise your notice to us may not be valid:

    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: Qukku, Inc., ATTN: COPYRIGHT AGENT, Houston, TX 77002. Your notice needs to include:

      (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

      (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

      (3) 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 and information reasonably sufficient to permit the service provider to locate the material;

      (4) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

      (5) 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 owner, its agent, or the law; and

      (6) 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.


THE DON’TS

Don’t steal our stuff, reverse engineer or try to steal the code our smart people put together. Don’t conduct or promote any illegal activities. Don’t gain access to secured portions of the Site. Don’t use our site to spam or use automatic stuff to harvest info from our Site. Don’t impersonate another user or use someone else’s account without their permission. It’s unethical and it would violate this Agreement.


GENERAL PROVISIONS

We know people can access our site from anywhere in the world on this cool Interweb thing. But, we can’t afford to consider every possible law or be sued in some far off place (although we will consider Hawaii or Fiji). Because of that, our these terms 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. Yeah, we just did that. You agree that this Agreement is considered to be entered into in Houston, Texas, USA and any suit or claim related to or arising out of this Agreement or your use of Site must be brought only in Harris County, Texas. You waive all objections to venue to the extent permitted by law.

We can’t make any warranties that you can use this website or access it in your jurisdiction because there are some crazy rules in crazy countries and some crazy leaders. Here’s looking at you Kim Jong-Un.

We reserve the right to amend these terms or even terminate this Service if we want. We intend to be transparent and notify you of any material changes so you can decide whether you want to continue using our Site. If we have upset you with a change, let us know at support@qukku.com and we may tell our lawyer he shouldn’t have changed it.

In addition to the Community Rules, Contest Rules, and the Privacy Policy, this Agreement constitutes the entire contract between you and Qukku. To the extent you spoke to your cousin who claimed he knew a guy associated with Qukku and made some deal with you, that’s gone because this supersedes all prior or contemporaneous negotiations and agreements, written or oral. That cousin, or even one of our actual employees, can’t amend or modify this agreement orally.

If our lawyer is not as smart as he thinks he is, and any provision of this Agreement is held invalid or otherwise unenforceable by any Court, such Court should revise such provision in a manner as to make it as enforceable as possible to fulfill the intent and purpose of this Agreement and it shall not affect the enforceability of the remaining provisions.


ACCOUNT CREATION

To vote or comment on the videos, you have to agree to set up an account. You do not own your profile or your username, we just let you use it while you are using it. We reserve 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 these terms, the Qukku Community Rules or any applicable law, it will likely be changed or deleted by us, though we have no obligation to do so. We reserve the right to reclaim usernames that have been inactive for 180 days or for which accounts have been terminated by us or by you. We Reduce, Reuse, Recycle like that. Usernames and profiles are NOT transferrable. You cannot sell or barter for usernames or profiles in any way no matter how cool your handle is bigsexy123.

By creating an account, you will have the ability to provide comments and vote. Because the rules also apply to video submissions you may enter with a contest, we will call all of it “User Generated Content” or “UGC”. Just so we are clear, we have to define UGC. It is any (and we mean any because who knows what you will be able to transmit to us twenty years from now) material or information you voluntarily provide us through the website such as text, comments, video, music files, image files, or any other form of digital media. You agree not publish any UGC that violates the Qukku Community Rules found at www.qukku.com/communityrules which may be updated from time to time.

We have the sole discretion to determine if any messages, media or other UGC violates these terms. We have the right to terminate your account, block access to your account, and block access to UGC based on your violations of these terms. That decision is at our sole discretion. Further, we reserve the right to remove any UGC without notice to you. If you want this kind of power, build your own site (cue evil laugh)

Unless otherwise stated in the contest rules for your particular submission, you retain all rights in any UGC. You grant us a worldwide, non-exclusive, royalty-free license to use the UGC on our site. We are not going to steal or sell your content to others without your permission, but we do retain the rights to reproduce, distribute, prepare derivative works of, display, and perform the UGC to promote our site and our company in any media formats and through any media channels. Your license to us terminates within a commercially reasonable time after you remove or delete your videos or tell us to take a hike.

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