TERMS OF SERVICE

While using this website, which is owned and operated by KudosWall LLC, a Limited Liability Corporation incorporated under the relevant laws of New Hampshire (hereinafter referred to as “KudosWall”).The user(s) agree(s) to be bound by these Terms of Service without any modification or qualification. If for any reason he/she/they are unable to meet all the conditions set forth under this agreement, or if he/she/they breach any of the Terms of Service contained herein, his/her/their permission to use the website or access any of the Services (defined below) offered to him/her/them immediately lapses.

We reserve the right to modify or change these Terms of Service at any time without giving prior notice. We shall, however, notify the user(s) of significant changes by posting an announcement on the Site. The use of the website is subject to the latest Terms of Service posted on the Site at such time.

  1. INTERPRETATION
    1. Agreement or this agreement refers to the terms of Service.
    2. "Site" means this website, all related web pages, and all related websites operated by affiliates or divisions of Kudoswall, but does not include any third party websites which are linked to or may link from this website whether or not such third party websites are used in connection with the Services.
    3. "Subscriber" refers to any person who maintains an account with us and utilizes our Services.
    4. "The website", "we", "us" shall refer to The Kudoswall and all its affiliates and subsidiaries.
    5. Kudoswall means the Site and all mobile applications and other applications which provide access to the Services offered by The website and its affiliates from time to time.
    6. "You" and "user" shall refer to any person who visits the Site or uses the website services and includes a subscriber and its employees and agents.
  2. BINDING AGREEMENT

    By agreeing to use this site through registration or for the purpose of visiting this site for viewing others contents, you acknowledge that you are of eligible age under the Contractual and Privacy laws and that the website grants you a non-exclusive, non- transferable limited license to use the website services and related resources in accordance with this Agreement. You agree not to infringe our intellectual property and the intellectual property of any third parties with whom we have partnerships, and you will comply with the terms of any applicable license agreements.

    For the Registration on our Site, users shall be bound by our Privacy Policy. Three kinds of User Registration are allowed on the Site: Parents using the site to post their children (aged under 13 yr ) activities/accomplishments OR Students aged above 13 years posting their accomplishments/activities OR Organizations like schools and businesses associated with students registering on our portal and interacting with other users.

  3. SERVICES

    The website is a social platform directed specifically towards students. We provide an educational and interactive platform to students to post their accomplishments or activities on our Site and share it with other users. The services on this website are for information purpose solely, including following listed services, and do not relate to any particular legal, taxation, other advice and does not give any certification, guarantee or warranty outside the scope of its Services. The users may register on the website through Account Creation or through allowed social networking websites.

    Registration: The Site allows for one-time user Registration to avail our platform and this is completed by signing-up on our site after submitting required personal information. Any information that the users submit is protected by our Privacy Policy. Registration is free of cost but the users may be subject to additional charges for the premium services that the website may provide.

    Portfolio Creation: The profile or portfolio of the students is automatically created or generated once you start posting the contents which may include your educational/professional/academic accomplishments and activities. The Site further allows the colleges or institutions to affiliate themselves and create their portfolio including the achievements, activities etc of their students or staff. This creates an interactive environment and helps students to develop their contacts or profiles.

    Premium Subscription plans: We offer optional premium paid services such as Professional Plans, online resume/portfolio writing services. By purchasing a premium service, you agree to pay the fees associated with the services that you order. Payments will be charged when you register for the premium service and will include the premium service for the indicated period (monthly, bi-annual, or annual).You agree to pay fees during your subscription period until you cancel your subscription. Each term shall automatically renew for subsequent periods of the same length as the initial term unless either party cancels the subscription prior to the expiration of the then-current term.

    You must provide us with accurate payment information and keep the information up to date.

  4. OBLIGATIONS

    Membership Obligations

    As between you and others, your account belongs to you. You agree to:

    1. Log into your account either by creating account on the website or logging in via facebook or LinkedIn or other websites that our Site provides access to ;
    2. Try to choose a strong and secure password and not share it with any third party;
    3. Keep your password secure and confidential
    4. Not transfer any part of your account (e.g., connections, groups) and
    5. Follow all the provisions laid down in statutes, laws, rules, regulations, enforcement orders or court decisions in the context of your usage or sharing content on the website.
    6. You are responsible for anything that happens through your account unless you close it or report misuse. We cannot and will not be liable for any loss or damage arising from your failure to comply with any of the above.

    Messaging, sharing and posting

    Our Services allow messaging and sharing of information in many ways. Information and content that you share or post may be seen by other Members or by the public Visitors. Where we have made settings available, we will honor the choices you make about who can see content or information. Note that other activities, such as applying for a job or sending a Mail, are by default private, only visible to the addressee(s).

    We are not obligated to publish any information or content on our Service and it is our sole discretion to remove it, with or without notice.

  5. PAYMENTS
    1. If the user wishes to avail our “Premium Service”, then it shall make the amount as listed to it during the purchase.
    2. The payment can be made via:
      • Valid credit card/debit card;
    3. Unless otherwise stated, all prices/fees are quoted in US Dollar (USD).
    4. Our website uses third party payment providers to receive payments for Premium Services from users. We are not responsible for delays or erroneous transaction execution or cancellation of orders due to payment issues.
    5. We take utmost care to work with 3rd party payment providers, but do not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers.
    6. Our website reserves the right to refuse to process transactions by users with a prior history of questionable charges including without limitation breach of any agreements by Buyer with us or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
    7. The users acknowledge that we will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond our control.
    8. Our website reserves the right to recover the cost of goods, collection charges and lawyers' fees from persons using the Site fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful act or acts or omissions in breach of these terms and conditions.
    9. We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time
    REFUNDS AND CANCELLATION
    1. All the payment made in regard to the purchase for “Premium Services” will not be refunded.
    2. However the user may cancel the subscription before the expiration of the term but the payment made in regard to the services for the term shall not be refunded and once the user cancels the subscription, the services subscribed by it will not be renewed after the expiration of the term for which the services had been availed by the user.
    3. The user is thus advised to exercise its best judgment and prudence before making purchase for “Premium Services” as the payment made for the same shall not be refunded or cancelled.
    RIGHTS AND LIMITATIONS

    License to Use the Website

    As between you and the website, the user has ownership over any content including without limitation any works or graphics or information that he/she submits to the website and the website has only a personal, non-exclusive, non-transferable, royalty- free, non-assignable license. The website may modify, change, alter, delete, use for permissible uses with consent or notify your content in case it is not according to these Terms. These rights are limited in the following ways:

    1. You can terminate this license for specific content by deleting such content from the Services, or generally by closing your account, except
      1. to the extent you shared it with others as part of the Service and they copied or stored it, and
      2. for the reasonable time it takes to remove from backup and other systems.
    2. We shall not endorse or publicize your works/content in advertisements for the services of third parties (including sponsored content) except on your express consent for a specific purpose only. However, we have the right, without compensation to you or others, to serve you advertisements of affiliated websites or third party links or promotional offers and such content as may be suitable to endorse your skills or achievements (which is already public on your portfolio) may be shared on such advertisement links. This shall be done in compliance with any law/court order and our Privacy Policy.
    3. We will get your approval if we want to give others the right to publish your posts beyond the Service. However, other Members and/or Visitors may access and share your publicly displayed content and information, consistent with your settings and extent of connection with them.
    4. All the rights, title or interest in and to the website including its affiliated applications shall remain and vest with us and our licensors. Nothing gives you the right to infringe any Intellectual Property belonging to the website. Any Feedback, comments or suggestions that you provide is entirely voluntary and you grant us irrevocable, perpetual, worldwide and non-exclusive license to modify, edit, delete, commercialize such feedback without any legal or payment obligations to you.
    5. Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of the Privacy Policy.

    You agree that we may access, store and use any information that you provide in accordance with the terms of the Privacy Policy and your privacy settings.

    Accuracy

    You agree that your profile information will be truthful and accurate. It should contain any content that may deceive the general public or mislead the users. All the personal information that is mandatory and provided by you during the registration on the website shall be true. The website may be required to forfeit your account in case of any discrepancy and may further comply with any legal orders issued to you for such falsity or inaccuracy.

    Restrictions in Use

    You acknowledge and agree that you will not do any of the following activities while using or accessing our website:

    1. You may post your comments or reviews or suggestions or other such information through the website or hyper linking the website as long as it is not obscene, threatening, objectionable, defaming, ethnically objectionable, infringing any privacy or intellectual property, threatening the unity, sovereignty or integrity of the country, incites commission of any offence by a third person, containing any viruses, spam, false contact address or e-mails impersonating any third party or in breach of any local, state, national or international laws. For such kind of content listed above, the website is not responsible and you hold the entire liability and responsibility whether the content is publicly or privately transmitted;
    2. You shall not scan or test the vulnerability of any system or network or breach any security or authentication measures;
    3. You shall not Forge any header or any part of the header information in any e- mail or posting, or in any way use our application to send altered, deceptive or false source-identifying information;
    4. You shall not spread or disrupt or attempt to interfere the access of other users or the host website to any of the features on the website including by sending a virus, spamming, flooding, bombing mails, decrypting any code or introducing such harmful computer programs as which will create undue hardship for the website; and
    5. You shall not attempt or obstruct to alter or remove or tamper with any copyright, trademark or other proprietary rights notice contained in or any portion of the website or affiliated applications.
    6. That you will use the services provided by our website, its affiliates and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.
    7. You will provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), we have the right in our sole discretion to reject the registration and debar you from using the Services of our website and / or other affiliated websites without prior intimation whatsoever.
    8. That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
    9. It is possible that the other users (including unauthorized/unregistered users or "hackers") may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the website you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the website. Please carefully select the type of information that you publicly disclose or share with others on the Website.
    10. You agree that you will not:
      1. Restrict or inhibit any other user from using and enjoying the Interactive Features;
      2. Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law;
      3. Post or transmit any information, software, or other material which violates or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
      4. Post or transmit any information, software or other material which contains a virus or other harmful component;
      5. Alter, damage or delete any Content or other communications that are not your own Content or to otherwise interfere with the ability of others to access our website
      6. Disrupt the normal flow of communication in an Interactive Area;
      7. Claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship;
      8. Violate any operating rule, policy or guideline of your Internet access provider or online service.

    Service Availability

    We may change, suspend or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.

    Third Party content and Links

    You may come across various analytics/third-party ads or services on our website that might not be accurate or secure or may contain offensive, misleading, incomplete or illegal data. The website is not responsible for authenticity/availability/lawfulness/suitability for any content or information displayed on this site provided or posted by third parties. Such sites are governed by their respective privacy policies and terms of use. We do not provide as-is warranty for such third party contents/hyperlinks or information. Except to the limited extent it may be required by applicable law, we are not responsible for these other sites.

    Limitation

    The website reserves the right to curtail the number of your connections, posts or feeds that you post through the website. It further all of its intellectual property rights in the Services.

  6. INTELLECTUAL PROPERTY PROTECTION

    The users have a limited or restricted use to the services/features on our website or a non-exclusive license to access or make personal or non-commercial use of this site and this license shall not give you or your affiliates/partners/friends an authority to modify/amend/transform/revise/sell/exploit for commercial use or make any derivative use of the contents of the website or any portion/product on this website. You shall also not post/duplicate/reproduce/copy/publish such content that infringes any intellectual property of a third party including trademark, copyright, designs and so on for any purpose. Further, no content or information present on this site may be reproduced/copied/published or incorporated into any other web portal or platform that retrieves information nor any intellectual or proprietary information shall be infringed for any personal use or circulation without prior permission.

    COPYRIGHT & TRADEMARK:
    1. Our website, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of kudoswall.com or any third party's intellectual property rights. All rights, including copyright, in this website are owned by or licensed to us or third party suppliers. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of our website. You cannot modify, distribute or re-post anything on this website for any purpose.
    2. kudoswall.com names and logos and all related product and service and our slogans are the trademarks or service marks of KudosWall. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
    3. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of our website or its suppliers and protected by laws of United States of America. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by our website, one of its affiliates or by third parties who have licensed their materials to us and are protected by laws of United States of America. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of our website and is also protected by laws of United States of America.
    4. If you learn of any unlawful material or activity on our website, or any material or activity that breaches this notice, please inform us. We respect the intellectual property rights of others and expect users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are promptly and properly provided to us. If you have a reason to believe that Your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
      1. a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
      2. identification of the copyrighted work claimed to have been infringed;
      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 us to locate the material;
      4. Your contact information, including your address, telephone number and an email address;
      5. a statement by you 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 that You are authorized to act on behalf of the copyright owner.
    5. We have the right to remove the Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if we determine that the user is a repeat infringer.
    6. Notices regarding our website should be sent to: termsandprivacy@kudoswall.com.
  7. TERMINATION

    The website or You may terminate this Agreement at any time with notice to the other. Such requests shall be honored within seven (7) days of sending notice by either party. You may immediately end your subscription by deleting or de-activating your account. On termination, you lose the right to access or use the Services. The following shall survive termination:

    1. Your obligations of honoring the intellectual and proprietary rights of the website;
    2. Our rights to use and disclose your feedback, comments or suggestions;
    3. The content or works which you had already shared on the website or with other users and which has remained on public domain without objection; and
    4. Amounts due by you for any premium services that you availed through the use of this website.
  8. DISPUTE RESOLUTION

    Any affected/aggrieved party and the website or its directors or operators shall engage in conciliation to resolve any dispute arising out of the breach of this agreement or any of the policies contained on this website. In case of failure to resolve the disputes through the above mechanism, the parties shall resort to binding arbitration according to the provisions of Arbitration laws of New Hampshire, NH, USA and USA. In case of failure of all of the above alternative dispute resolution mechanisms, we both agree that all of these claims can only be litigated in the federal or state courts of USA, and we each agree to personal jurisdiction in those courts.

  9. INDEMNIFICATION

    You agree to indemnify us or our agents, affiliates, officers, associates, directors, joint ventures, partners and employees against any damages, costs, cause of action, losses, fines, penalties, recoveries or any claims of kind nature, including reasonable attorneys fess, related to or arising out of your breach of this Agreement or Privacy Policy or any of the local, national or international laws.

  10. DISCLAIMER AND LIMITATION OF LIABILITY
    1. WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES. WE SHALL ALSO NOT BE LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION OR THE WEBSITE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY USING THE APPLICATION, INCLUDING, BUT NOT LIMITED TO, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (C) ANY CONTENT OBTAINED FROM THE WEBSITE OR APPLICATION; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. SUCH LIABILITY SHALL ONLY BE ATTRIBUTED ON THE EVENT OF DEATH OR GRIEVOUS HURT CASUED DUE TO NEGLIGENCE DIRECTLY ATTRIBUTABLE TO THE WEBSITE OR ITS OPERATORS.

    2. The Site is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the Site.
    3. The Site provides content from other Internet sites or resources and while our website tries to ensure that material included on the Site is correct, reputable and of high quality, it shall not accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site. This disclaimer constitutes an essential part of this User Agreement. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Company responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
      1. Your use of or your inability to use our Website, Services and tools;
      2. Delays or disruptions in our Website, Services, or tools;
      3. Viruses or other malicious software obtained by accessing our Website, Services, or tools or any site, Services, or tool linked to our Website, Services, or tools;
      4. Glitches, bugs, errors, or inaccuracies of any kind in our Website, Services, and tools or in the information and graphics obtained from them;
      5. The content, actions, or inactions of third parties, including items listed using our Website, services, or tools or the destruction of allegedly fake items;
    4. A suspension or other action taken with respect to your account;
    5. Our website periodically schedules system downtime for the Sites for maintenance and other purposes. Unplanned system outages also may occur. You agree that we have no responsibility and are not liable for: (a) the unavailability of any of the Sites; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Sites, any Internet service providers or otherwise.
    6. Users agree that we will not screen or review any of the resumes or portfolios on our website to determine suitability for employment, nor will we consider any of the individuals for employment with us. We do not act as an agent for any individual submitting his or her resume or portfolio through the Site or any company that may view an individual’s resume or through the Site, and nothing herein creates an employer-employee, agency or other relationship between us and such individual. We are not, and shall not be, responsible for recruiting, hiring, or any other decisions related to employment with respect to any individuals using the Site.
    7. The Site acts as a venue for individuals to create electronic resumes, portfolios and for certain companies to view such resumes. We do not review, screen, edit or monitor the resumes or make any judgments about or selections of resumes or individuals. We are not involved in the actual transaction between a potential employer and any individuals through the Site. Therefore, we have no control over the resumes or the quality, truth, accuracy, reliability, completeness or timeliness of such resumes on the site or the ability of a potential employer to offer opportunities to individuals, or the ability of individuals to fill job openings, and we makes no representations or warranties about any resume, potential employer or individual.
  11. GOVERNING LAW

    The agreement shall be governed by the Laws of New Hampshire, U.S.A

  12. SURVIVAL OF THE TERMS

    Notwithstanding any legal or regular practices under the governing law or any provision of this agreement, any obligation under the terms of this agreement shall continue to bind the users despite the termination of the agreement.

  13. FILTERING

    Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that we do not endorse any of the products or services listed at such sites.

  14. GENERAL PROVISION

    In case of any waiver of the provisions or terms of this agreement, it shall not be a continuing waiver or presumption of non-enforcement of that provision. If any of the terms of the agreement is held invalid or illegal or unenforceable by any of the laws or rules or regulations under the governing law or by the courts, such provision shall be severed from the rest of the agreement and it shall not lead to deeming entire agreement as illegal or unenforceable.

  15. COMPLAINTS AND QUERIES:

    If you are not happy with any aspect of our service, or if you have any queries or comments, please contact us at termsandprivacy@kudoswall.com.

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