Terms of use

1. Terms of usage.

Your use of the Kookloo Service implies Your acceptance of these Terms of Use. We ask that You read them carefully. This website is operated by Kookloo LLC. You may contact us at: support@Kookloo.com. Kookloo.com provides visitors to its Web site with access to content via the World Wide Web and offers the opportunity for users to submit text, pictures, video and other content for posting on the Kookloo.com Web site (the “Site”) under certain terms and conditions.

Acceptance of the Terms of Service.
By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the “Terms of Use”). We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms of Use periodically for changes. Your use of this site following the posting of any changes to the Terms of Use will be deemed your acceptance of such change(s).

Acceptance of the Terms of Service. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Service”), govern Your access to and use of www.Kookloo.com and (“we”, “us”, “our”, ours” and/or the “Websites”), including any content, functionality and services offered on or through the Websites, whether as visitor, or a registered user. These Terms of Service apply to the Websites, web pages, interactive features, applications, widgets, blogs, social networks, social network “tabs”, or other online or wireless offerings that post a link to these Terms of Service, whether accessed via computer, mobile device or other technology, manner or means. Please read the Terms of Service carefully before You start to use the Websites. Ability to accept terms. Kookloo is a 18+ rated website, intended for viewing and sharing video content. You affirm that you are at least 18 years of age or the age of majority in the jurisdiction You are accessing the Websites from, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If You are under 18 or the applicable age of majority, You are not permitted to submit personal information to us or use the Websites

Service description.
Kookloo is an original, free video hosting website that enables users to access, view, upload, store and share videos. The Kookloo service is made up of the Kookloo website, the Kookloo video player that is embeddable onto any website, the Kookloo apps and forthcoming web-apps as accessible via any current or future device capable of distributing the Kookloo website and/or the video player, and more generally any Kookloo products, content, channels, software, data feeds, services and functionality (“Kookloo Service”). By accessing and/or using the Kookloo Service, without being logged into Kookloo Account, You will be hereinafter a “Visitor.” As a Visitor, You will only have the ability to access, view or share videos available on the Kookloo Service, but will not be able to benefit from all the other features available on the Kookloo Service. A “Kookloo Account” means the video content storage space on the Kookloo Service which is dedicated to a Viewer or a User Kookloo Service that can be created by signing up for a Kookloo Account via www.Kookloo.com. If You want to be able to upload videos and access some other features of the Kookloo Service, You will need to first create a Kookloo Account and have Your email address validated. You will then be a “User”, being though agreed that after having created Your Kookloo Account and until You have validated Your email address according to the process defined below, You will be a “Viewer” and will not be able to upload videos or access the other features of the Kookloo Service. Information provided by You to create Your Kookloo Account must be accurate and complete. In order for Kookloo to verify that the email address You provided is valid, You will receive an email from Kookloo asking You to validate Your email address.

By creating a Kookloo Account, You agree that You alone will be responsible (to Kookloo and to others) for all activity that occurs under Your Kookloo Account. The user id and password which are required to access the Kookloo Account and the features associated with it are Your sole responsibility and it is Your obligation to keep them confidential. As a User, You will also have the ability to access some more additional features from the Kookloo Service, and if and when You have accepted the terms of the Kookloo Partner Program, You will then be a “Partner” and will have the opportunity to monetize Your Content uploaded on Your Kookloo Account. If You are a User, You may notably upload video files (that must be compliant with these Terms) on the Kookloo Service, and have a nickname and an avatar that will be associated with Your Kookloo Account. Any and all elements posted by You on the Kookloo Service are deemed to be “Your Content.” If You are not a Partner, Your Content may be automatically set to “private mode” so that Your Content will only be available on the Kookloo website to individuals who have the URL link for Your Content, however You or any third party will still have the ability to embed Your Content on any website through Kookloo video player

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of The U.S. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

2. Cookies.

We employ the use of cookies. By accessing Kookloo, you agreed to use cookies in agreement with the Kookloo LLC Network’s Privacy Policy. Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

3. Agreement To User Conduct Rules

You agree to abide by Kookloo.com’s User Conduct Rules, including but not limited to, agreeing not to use this site for any unlawful purpose:

By posting information in or otherwise using any communications service, message board, or other interactive service that may be available to you on or through this Site, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any materials, including text, communications, software, images, sounds, data, or other information (hereafter “Content”) that:

  1. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, false, fraudulent, invasive of another’s privacy or publicity rights, tortious, or otherwise violates Kookloo.com’s rules or policies.
  2. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
  3. constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
  4. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or

You also agree that you will not harvest or collect information about the users or members of this Site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications. You further agree that you will not knowingly solicit or collect personal information from a child 12 years old or younger. Kookloo.com generally does not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, or other interactive services that may be available on or through this site. However, Kookloo.com and its agents have the right at their sole discretion to remove any content that, in Kookloo.com’s judgment, does not comply with the User Conduct Rules or is otherwise harmful, objectionable, or inaccurate. Kookloo.com is not responsible for any failure or delay in removing such content.

Kookloo LLC Network reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
• The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
• The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Kookloo LLC Network a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

4. Hyperlinking to our Content.

The following organizations may link to our Website without prior written approval:
• Government agencies;
• Search engines;
• Partner / Affiliate linked organizations;
• News organizations;
• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
• System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:
• Commonly-known consumer and/or business information sources;
• Dot.com community sites;
• Associations or other groups representing charities;
• Online directory distributors;
• Internet portals;
• Paid and unpaid affiliate linked organizations (you must clearly disclose such);
• Accounting, law and consulting firms; and
• Educational institutions and trade associations.

This site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under Kookloo.com’s control, and you acknowledge that Kookloo.com is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by Kookloo.com or any association with its operators. We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Kookloo LLC Network; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Kookloo LLC Network. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
• By use of our corporate name; or
• By use of the uniform resource locator being linked to; or
• By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Kookloo LLC Network’s logo or other artwork will be allowed for linking absent a trademark license agreement.

5. Reservation of Rights.

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

6. Removal of links from our website.

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly. We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Proprietary Rights And Restrictions

7. Proprietary Rights And Restrictions.

You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and by other laws and that their use is restricted by the terms of this Agreement. Kookloo.com, the Kookloo.com product and service names are trademarks and/or service marks of Kookloo Inc. (the “Kookloo.com Marks”) and are owned exclusively by Kookloo.com. You will not display or use the Kookloo.com Marks, in any manner, without Kookloo.com’s prior permission. Except as expressly authorized by Kookloo.com, you agree not to sell, resell, exploit for any commercial purposes, license, rent, modify, distribute, copy, reproduce, duplicate, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any portion of such materials or content. Notwithstanding the above, you may use the Kookloo Embedded Video Player for commercial purposes, publishing, performing, distributing, and transmitting the Kookloo video content exclusively within the Kookloo Embedded Video Player. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Kookloo.com is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.

8. Kookloo’s content policies.

Kookloo.com is committed to promoting the most up-to-date and unique content possible while maintaining standards consistent with the Internet community and the societies of the world. Accordingly, Kookloo.com will NOT process, digitize, post, upload, store, share or otherwise display on the Kookloo.com website:

  1. Content or material that we believe is pornographic, obscene, or of an adult or sexual nature;
  2. Content or material that exploits children under the age of 18 or posts or discloses any personally identifying information about children under the age of 18;
  3. Content or material promoting or providing instructional information about illegal activities, promoting harm or injury to any group, individual or cruelty to animals including, but not limited to:
    • Instructions on how to assemble or use bombs, grenades or other weapons; and
    • Disseminating personal information about another individual for malevolent purposes, including libel, slander, defamation or violation of an individual’s right to privacy.
  4. Copyrighted content or material that is used without the express permission of the owner; Photographs and other images published in books, magazines, posters, calendars, websites and other media are generally protected by copyright law.
  5. Content or material that infringes or encroaches on the rights of others, including, but not limited to, infringement of privacy and publicity rights and harm to reputation; or
  6. Any links to the above.

Kookloo.com has the sole discretion to decide whether content or material is prohibited on the Site. You acknowledge that Kookloo.com has the absolute right (but not the obligation) to delete, move and edit content and material for any reason, in any manner, at any time, without notice. Please take these rules seriously. If a Kookloo creator’s on- and/or off-platform behavior harms our users, community, employees or ecosystem, we may respond based on a number of factors including, but not limited to, the egregiousness of their actions and whether a pattern of harmful behavior exists. Our response will range from suspending a creator’s privileges to account termination.

You should also know that in visiting the Kookloo.com website, you may be exposed to materials you consider to be offensive, and you assume responsibility for your exposure.

9. Video Self-monetization/publisher Terms, & Conduct.

Every Kookloo account qualifies for self-monetization activity. You may include paid product placements, endorsements, sponsorships, or other content that requires disclosure to viewers in your videos. All paid self-monetization needs to follow our strict guidelines of pre-disclosure. You and the brands you work with are responsible for understanding and complying with their local and legal obligations to disclose Paid Promotion in their content. Some of these obligations include when and how to disclose, and to whom to disclose.

10. Consideration.

In broad; Kookloo currently provides you with access to the Service for free. In return for enjoying this free access, you acknowledge and agree that Kookloo may generate revenues, increase goodwill or otherwise increase the value of Kookloo from your use of the Service, and you will have no right to share in any such revenues, goodwill or value whatsoever. Kookloo in its sole discretion may charge you fees to access certain features on the Service. Kookloo will provide you with advance notice of any such changes before they take effect. Even if we charge you a fee for the use of the Service, you will have no right to share in the revenues we charge you or other Users or to share in any goodwill or value created.

11. Procedure For Reporting Claims Of Copyright Infringement.

To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • 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.
  • 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. Providing URLs in the body of an email is the best way to help us locate content quickly.
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has 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.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

To expedite our ability to process your request, such written notice should be sent to our designated agent as follows:

Service Provider(s): Kookloo Inc.

Name of Agent: Kookloo

Address: Kookloo Inc. PO Box 1665

Broomfield, CO 80038

Email: dmca@Kookloo.com

If there are many videos to be removed, or you expect to have an ongoing need to remove potentially infringing content from Kookloo, we suggest that you email us at dmca@Kookloo.com with the subject as “ONGOING DMCA” where we increase the speed at which we are able to remove any infringing content on Kookloo and also offer industry-leading content identification tools and personal management for your requests.

Please note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. Don’t make false claims!

Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.

Claimant information will be published on the Kookloo site at anytime.

COUNTER NOTIFICATION

If you believe that material you posted has been removed in error, you should send our Copyright Agent, using the contact information listed above, a counter notice that includes the following:

  • Your physical or electronic signature.
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled because of mistake or misidentification.
  • Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which the Kookloo Inc offices may be found, and that you will accept service of process from the person who provided notification of copyright infringement, or an agent of such person.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.

12. Procedure For Reporting Violations Of Rights Of Privacy Or Publicity.

If you believe that your privacy rights or publicity rights have been violated by information or material that is accessible on this site, you may notify Kookloo.com. Please email support@Kookloo.com so we can investigate the matter further.

13. Disclaimer Of Warranties.

All materials, information, software, products, and services included in or available through this site (the “content”) are provided “as is” and “as available” for your use. the content is provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or noninfringement. kookloo.com, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable, or correct; that this site will be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. your use of this site is solely at your risk. any material viewed, downloaded or otherwise obtained through the use of this site is done solely at your own discretion and risk, and you will be solely responsible for any damage, including without limitation personal injury or distress, damage to your computer system, or loss of data, that results from the viewing or download of any such material. because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.

14. Limitation Of Liability.

Under no circumstances shall kookloo.com, its subsidiaries, members or employees be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, this site. this limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if kookloo.com has been advised of the possibility of such damage. because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, kookloo.com’s liability in such jurisdictions shall be limited to the extent permitted by law.

15. Indemnification.

You agree to indemnify and hold Kookloo.com, and its parent, subsidiaries and affiliates and their respective officers, directors, agents, co-branders and other partners, contractors, and employees, harmless from and against any and all claims, expenses, and demands, including attorneys’ fees, made by any third party due to, arising out of, or asserted in connection with your use or misuse of this Site, including claims relating to content you submit, post to or transmit through this site, and your connection to and use of this Site. Kookloo.com reserves the right to have control of any defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate with Kookloo.com in asserting any available defenses.

16. International Use.

Kookloo.com makes no representation that materials on this Site are appropriate or available for use in any particular locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from any location do so on their own initiative, at their own risk, and are responsible for compliance with local laws. If you use this Site in a jurisdiction that prohibits or restricts such use, your use will be subject to, without limitation, any other provision of the Terms of Use, and Kookloo.com shall not have any liability with respect to such use.

17. Choice Of Law And Forum.

These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Site shall lie only in the provincial courts of Denver, Colorado in the United States and you further agree to and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

18. Severability And Integration.

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Kookloo.com with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Kookloo.com with respect to this Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

19. Choice Of Law And Forum.

Kookloo.com reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without notice, for any reason, including, without limitation, if Kookloo.com believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. This includes Kookloo.com’s right to terminate a user’s ability to upload videos, post comments, collect revenue or any function available on Kookloo.com. Kookloo.com has a zero tolerance for any violation of Content Polices and/or Conduct outlined in these Terms, especially, but not limited to copyright infringement. If a user is found in violation, the account may be suspended and/or terminated. In the case of suspension or termination the user agrees to forfeit all revenue associated to the Kookloo account, including but not limited to Kookloo, 3rd Party and Kookloo revenue. The determination of suspension or termination is at the sole discretion of Kookloo.

You acknowledge that Kookloo.com shall not be liable to you or any third party for any termination or suspension of your access to this Site.

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