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Welcome to Kūroo, a website and online and mobile service of Kūroo, LLC. ("Kūroo,","Kuroo", "we," or "us"). This page explains the terms by which you may use the Kūroo web site, mobile device software applications (the "Kūroo Software"), applications for third-party web sites and services, and any other web or mobile services or applications owned, controlled, or offered by Kūroo in association with this site (collectively the "Service"). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement ("Agreement"), whether or not you are a registered user of our Service.
We reserve the right to amend this Agreement at any time by notifying you as provided in this Agreement, provided that no notice shall be required for non-substantive changes to the Agreement. If we substantively amend this Agreement, we will give you at least seven (7) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use Agreement. If you do not agree to any of these terms or any future Terms of Use Agreement, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, and others who access the Service ("Users").
Kūroo provides a way to exchange your approximate geographical location with your, friends, family and other persons. You do not have to register in order to visit Kūroo or use some functions of the service. However to access certain features of the Service, though, such as push notifications through your mobile device and the ability to respond directly to Where-RU requests you will need to register with Kūroo and create a "Member" account. Your Member account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.
This Service is intended solely for Users who are thirteen (13) years of age or older, and any registration, use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. If you are under 18 years of age you may use the Service only if you either are an emancipated minor or have the consent of your parent or legal guardian, and are fully able and competent to enter into this Agreement and to abide by and comply with its terms.
You may never use another Member's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep access to your mobile device secure. You must notify Kūroo immediately of any breach of security or unauthorized use of your account. Although Kūroo will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of Kūroo or others due to such unauthorized use.
You may control your Member profile and how you interact with the Service by changing your settings on the Service. By providing Kūroo your email address or mobile phone number you consent to our using the email address or mobile number to send you Service-related notices via electronic mail or SMS, including any notices required by law, in lieu of communication by postal mail. We may also use your email address or mobile phone telephone number to send you other messages, including changes to features of the Service and special offers. If you do not want to receive such messages, you may opt out or change your preferences by contacting us at contact [at] kuroosafe.com. Opting out may prevent you from receiving messages regarding updates, improvements, or offers.
You assume all risks arising in connection with transmitting your approximate location to others. Always exercise common sense and caution.
All aspects of the Service are subject to change or elimination at Kūroo's sole discretion. Kūroo reserves the right to interrupt the Service an/or to permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service with or without prior notice for any reason or no reason. You agree that Kūroo will not be liable to you for any interruption of the Service or your account.
You are solely responsible for your interactions with other Kūroo Users.
The location transmitted by Kūroo Users using the Service is determined by your mobile device and your mobile carrier. The location is approximate and the accuracy of the location may vary due to many factors none of which are under the control or influenced by Kūroo. Kūroo accepts no responsibility whatsoever for the accuracy of location information nor for the use of location information by Kūroo Users.
Except for your User Content, all right, title, and interest in and to the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the "Kūroo Content") are and will remain the exclusive property of Kūroo and its licensors. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Kūroo Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
Any feedback, comments, or suggestions you may provide regarding Kūroo or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
We care about the privacy of our Users. Click here to view our Privacy Policy. By using the Service, you are consenting to have your personal data transferred to and processed in the United States.
We have implemented commercially reasonable technical and organizational measures designed to implement your privacy settings and secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
In connection with your User Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, that: (a) you are at least 18 years of age; (b) you have the written consent of each and every identifiable natural person in the User Content to use such person's name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use; (c) your User Content and Kūroo's use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity; and (d) Kūroo may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
Kūroo may contain links to third-party websites, advertisers, or services that are not owned or controlled by Kūroo. Kūroo has no control over, and assumes no responsibility or liability for, the content, privacy policies, or practices of any third party websites or services. If you access a third party website from Kūroo, you do so at your own risk, and you understand that this Agreement and Kūroo's Privacy Policy do not apply to your use of such sites. You expressly relieve Kūroo from any and all liability arising from your use of any third-party website or services or third party owned content.
We encourage you to be aware of when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.
You agree to defend, indemnify and hold harmless Kūroo and its subsidiaries, agents, managers, partners (including, without limitation, its wireless carrier partners), and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; (vi) any other party's access and use of the Service with your unique username, password or other appropriate security code; or (vii) your use the Service to meet another User in-person or to locate and/or visit any offline place or event.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, KUROO, ITS PARTNERS AND LICENSORS DISCLAIM ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KUROO, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS OR PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM (A) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR LOCATION INFORMATION; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE KUROO SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH Kūroo OR ANY OTHER USER OF THE Kūroo SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT Kūroo HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
The Service is controlled and operated from its facilities in the United States. Kūroo 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 United States and local laws and regulations, including but not limited to export and import regulations. You represent and warrant that (i) you are not 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) you are not listed on any U.S. Government list of prohibited or restricted parties. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Kūroo without restriction.
Please contact us with any questions regarding this Agreement.
Kūroo, LLC
PO Box 249
Hells Gate Station
New York, NY 10029
contact [at] kuroosafe.com
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Privacy Policy - Terms of Use Copyright 2011-2012 by Kuroo LLC. All Rights Reserved Kuroo develops location based saftey application for iPhone and Android smart phones. Kuroo Safe is a personal safety app that provides personal protection for users, friends and families in times of distress. Having the Kuroo Safe personal safety iPhone application is one piece of personal safety equipment you don't want to leave home without. Kuroo Safe is like having a personal home security system or car alarm system with you at all times. |
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