TERMS OF SERVICE

While using this website, 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 childrens (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 freemium 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.

  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. 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.

    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.

  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

    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.

  11. GOVERNING LAW

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

  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. 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.

  14. 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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