Welcome to Kaboodle Media!
(These Terms were last modified on December 1, 2020.)
For those of you who do not especially enjoy reading fun-crushing mind-numbing legalese, here is the plain English “Cliff Notes” version of these Terms of Service:
- What is yours is yours, and what is ours is ours. We claim no ownership in your “stuff”, and you have no rights in Kaboodle Media.
- We respect other people’s intellectual property, and you should too. Do not upload other people’s “stuff” and claim it as your own.
- Do not act stupid! If you do, we will terminate your account.
- Your continued use of Kaboodle Media indicates that you agree to be bound by these Terms and related Policies
- What we are trying to accomplish here is kind of revolutionary and rather complicated, so please cut us some slack while we try to work out all the answers.
Now for the legalese version that will probably make your eyes glaze over….
The Kaboodle Media™ Service
Kaboodle Media ("Kaboodle") is an innovative marketing platform featuring easy-to-use DIY products and services designed to help increase audience development, engagement, and conversion. Kaboodle is designed to save time and increase productivity through a combination of advanced media content tools, branding, and distribution options for web, print, and social media.
The Kaboodle service is owned and operated by Escalet Inc. ("Escalet"). Kaboodle Media is provided to visitors, registered members and others who access the service (each, a "User") under these Terms of Service (“TOS”), and any operating rules or policies that may be published by Escalet. Escalet may offer the User additional premium Kaboodle Media services, which the User may purchase at their option. Escalet may modify or discontinue the Kaboodle Media service (partially, or entirely), or User's account, with or without notice to any User, without liability to any User or any third party.
BY YOUR CONTINUED USE OF THE KABOODLE MEDIASERVICE YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE.
Who can use Kaboodle Media™. You may use the Service only if you can form a binding contract with Escalet, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations. Because we respect the Kaboodle Media community, the Service is not available to any Users previously removed from the Service by Kaboodle Media.
Your Account. Creating an account with Kaboodle Media gives you access to the Services in our sole discretion. We may maintain different types of accounts for different types of Users. If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. You agree not to use a user-name(s) or project titles that are offensive, obscene, or harassing to others. We reserve the right to require you to change your user-name or the title of your project(s) at any time and for any reason at our sole discretion.
Responsibility for your account. When you create your Kaboodle Media account, you must provide us with accurate and complete information. Please be sure to provide us with up to date contact information for you so we know how to reach you. We encourage you to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers and symbols) with your account. You are solely responsible for the activity that occurs on your account, and you agree to keep your account login and password secure. You must immediately notify Kaboodle Media of any compromise of your credentials you become aware of and any unauthorized use of your account.
Your interactions with other Users. Please keep in mind that you are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Kaboodle Media will have no liability for your interactions with other Users, or for any User’s action or inaction. Please help to make Kaboodle Media a positive and respectful community.
Terminating your account. You may close your account at any time by sending an email to firstname.lastname@example.org. We may permanently or temporarily terminate or suspend your User account or access to the Service for any reason, without notice or liability to you, including if in our sole determination you violate any provision of our Acceptable Use Policy or these Terms, or for no reason. Upon termination of your use of the Service, we will immediately delete any projects created and all content uploaded to your account.
User content. Kaboodle Media allows you to upload and post content on the Service, including music, photos, comments, and other materials. Anything that you upload, post, display, or otherwise make available on our Service, including all Intellectual Property Rights, as defined below, in such content, is referred to as “User Content.” You retain all your rights in all the User Content you post to our Service. Kaboodle keeps copies of your original content uploaded to your Kaboodle Media Vault. Kaboodle is not intended to be, and should not be used as, a backup service for your content. It is advisable that you retain multiple copies of your content locally and in remote locations.
Intellectual Property Rights. When we refer to “Intellectual Property Rights” in these Terms, we mean all patent rights; copyright rights; moral rights; rights of publicity; trademark, trade dress and service mark rights (and associated goodwill); trade secret rights; and all other intellectual property and proprietary rights as may now exist or hereafter come into existence, and all applications for any of these rights and registrations, renewals and extensions of any of these rights, in each case under the laws of any state, country, territory or other jurisdiction.
How Kaboodle Media and other users can use your content. Subject to any applicable account settings you select, you grant Kaboodle a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, display, reproduce, reuse, modify (e.g., re-format), re-arrange, and distribute your User Content on Kaboodle Media for the purposes of operating and providing the Service(s) to you and to our other Users. Nothing in these Terms shall restrict Kaboodle Media’s rights under separate licenses to User Content. Please remember that the Kaboodle Media Service is a public platform, and that other Users may search for, see, use, and/or reuse any User Content that you make publicly available through the Service.
The Kaboodle Media Ecosystem
Kaboodle Media Content. Except for User Content, the Service itself, all content and other subject matter included on or within the Service, and all Intellectual Property Rights in or related to the Service or any such content or other subject matter (“Kaboodle Media Content”) are the property of Kaboodle Media and its licensors. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit the Kaboodle Media Content without our permission.
Kaboodle Media License. Subject to the terms and conditions of these Terms and our Acceptable Use Policy, we grant you a license to use the Service, including accessing and viewing Kaboodle Media Content, for your personal, noncommercial use to allow you to express yourself, discuss public issues, report on issues of public concern, engage in parody and as expressly permitted by the features of the Service. Kaboodle Media may terminate this license at any time for any reason or no reason. Except for the rights and licenses expressly granted, Kaboodle Media reserves all other rights, and no other rights are granted by implication or otherwise.
Third-party Links, Sites and Services. The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Kaboodle Media. Kaboodle does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from the Service, you do so at your own risk and you agree that Kaboodle Media will have no liability arising from your use of or access to any third-party website, service, or content.
Kaboodle Media has adopted and implemented the Kaboodle Media Copyright Policy in accordance with the Digital Millennium Copyright Act.
You agree to indemnify and hold harmless Kaboodle Media and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), arising out of or in any way related to (i) User access to or use of the Services or Kaboodle Media Content, (ii) your User Content, or (iii) your breach of any of these Terms.
THE SERVICES, INCLUDING WITHOUT LIMITATION ALL CONTENT AND OTHER SUBJECT MATTER INCLUDED WITHIN THE SERVICES, ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, KABOODLE MEDIA SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Kaboodle Media takes no responsibility and assumes no liability for any User Content that you or any other User or third-party posts or sends over the Service. You are solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your AND OTHER USERS’ online distribution and publication of your AND THEIR User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES, KABOODLE MEDIA CONTENT, AND USER CONTENT REMAINS WITH YOU AND YOU USE THE SERVICES AT YOUR OWN RISK. YOU AGREE THAT NEITHER KABOODLE MEDIA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR FROM THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, USER CONTENT, KABOODLE MEDIA CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KABOODLE MEDIA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT WILL KABOODLE MEDIA’S AGGREGATE LIABILITY, OR THAT OF ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, USER CONTENT OR KABOODLE MEDIA CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN KABOODLE MEDIA AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
The Service is controlled and operated from its facilities in the United States. Kaboodle Media makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable national, state, local or other laws, statutes, directives, rules, regulations, and all interpretations or orders of any government, administrative or regulatory authority or court, including but not limited to those related to export and import of software, technical information or services. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
Arbitration and Governing Law
- For any dispute you have with Kaboodle Media, you agree to first contact us at email@example.com and attempt to resolve the dispute with us informally. In the unlikely event that Kaboodle Media has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Kaboodle Media agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that Kaboodle Media will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND KABOODLE MEDIA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- Governing Law. You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Kaboodle Media, either specific or general, in jurisdictions other than California. These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. We each agree to submit to the personal jurisdiction of a state court located in Contra Costa County, California or the United States District Court for the Northern District of California, for any actions for which either party retains the right to seek injunctive or other equitable relief, as further described in the Arbitration provision above.
Terms or to any future Terms of Service, do not use or access (or continue to access) the Service. Kaboodle Media is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Kaboodle Media without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Restricted Rights. If Kaboodle Media M is being acquired on behalf of the United States Government, then the following provision applies: This is commercial computer software. If acquired by or on behalf of an agency, department, or other entity of the United States Government (“Government”), the use, duplication, reproduction, release, modification, disclosure, or transfer (“use”) of this software, and any related documentation of any kind, including technical data or manuals no matter how received by the Government, is restricted by the terms and conditions of a license agreement in accordance with Federal Acquisition Regulation 12.212 for civilian agencies, and Defense Federal Acquisition Regulation Supplement 227.7202 for military agencies. All other use is prohibited.
Export Control. Any software or technology obtained from Kaboodle Media through the Service, including the Mobile Software, originates in the United States, and is subject to United States export laws and regulations. Such software and technology may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, software and technology obtained from Kaboodle Media may be subject to the import and export laws of other countries. It is your responsibility to comply with all U.S. and foreign export and import laws and regulations.
Entire Agreement/Severability. These Terms, together with any amendments and any additional agreements you may enter into with Kaboodle Media in connection with the Service, shall constitute the entire agreement between you and Kaboodle Media concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.
No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Kaboodle Media’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Contact. Please contact us at firstname.lastname@example.org with any questions regarding these Terms.