Last Updated: Nov 29, 2019
“Personal Information” means information that alone or when in combination with other information may be used to readily identify, contact or locate you, such as: name, address, email address, or phone number. We do not consider Personal Information to include information that has been anonymized so that it does not allow a third party to easily identify a specific individual.
WHAT WE COLLECT
We and third parties that provide functionality on our Service collect information from you when you interact with our Service. This information includes:
Information You Provide Us. When you set up an account with us, we collect the Personal Information you provide us including your name and email address. You may choose to provide us with other optional information.
If you connect to us through Facebook or another service, you authorize us to collect your name, email address and other information you make publicly available on those sites.
Cookies, Automatic Data Collected, and Related Technologies. When you use our Service, we automatically collect certain information about your visit using cookies or similar technology. This information includes the type of Internet browser used, your computer operating system and IP address. We use this information to provide, measure, customize and improve our Service. We do not consider this automatically collected information or device data to be Personal Information.
HOW WE USE INFORMATION
We may use information, including your Personal Information, as follows:Internal and Service-Related Usage. We use information, including Personal Information, for internal and service-related purposes and may provide it to third parties to allow us to facilitate the Service. We may use and retain any data we collect to provide and improve our Service.Communications. We may send email to the email address you provide to us to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance.Marketing. We do not share your Personal Information with third parties for marketing purposes.Aggregated Data. We may anonymize and aggregate data collected through the Service and use it for any purpose.
HOW WE SHARE INFORMATION
We may share information, including your Personal Information, as follows:
As Required by Law and Similar Disclosures. We may access, preserve and share your information, including Personal Information if we believe doing so is required by law or if those actions are reasonably necessary to:comply with legal process, such as a court order or subpoena;enforce this Policy or our Terms of Service;respond to claims that any content violates the rights of third parties;respond to your requests for customer service;respond to law enforcement;investigate and prevent unauthorized transactions or other illegal activities; orprotect our or others’ rights, property, or personal safety.
Third Party Service Providers. We may share any information we receive with vendors and service providers who need it to do work for us.
Business Transfers. If we are involved in a merger, acquisition, reorganization, bankruptcy, sale of all or part of our assets or business, or transition of service to another provider, your information may be sold or transferred as part of such a transaction as permitted by law and/or contract.
Consent. We may share Personal Information with your consent.
YOUR INFORMATION CHOICES AND CHANGES
Your Komodo Videos. You own the videos you create using our Service, and we store the videos until you delete them. If you delete any video, it is removed from our system. However, be aware that users who see your videos can always save them, either by taking a screenshot or by using some other image-capture technology. There also may be ways to access videos from temporary storage on devices even after they are deleted. It is important to keep in mind, when using our Service, don’t send videos that you wouldn’t want someone else to save or share.
Social Media and Online Sharing. We allow you to share your videos on third party services like Facebook or by copying the video link and sharing it online. When you share your video on another online platform, that video becomes public and is subject to the privacy policies of those platforms. If you delete your video on our Service, it will not be able to be played on any service where you share the link.
Sharing Videos. Update, Modify or Delete your Personal Information. You may send requests about Personal Information to our contact information below. You can request to change contact choices, opt-out of our sharing with others, and update your personal information. If you need to change or correct any Personal Information provided to us, or wish to have all Personal Information we have collected removed from our files, please contact us at: firstname.lastname@example.org.
Data Retention. We will retain your information for as long as you are active on our Service or as needed to provide our Service. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
International Transfer. We process and store all of the information we receive on servers located in the United States. If you are using our Service in the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and processing globally. By providing your information to us, you consent to any transfer and processing in accordance with this Policy.
We take steps to ensure that your information is treated securely and in accordance with this Policy. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We do not accept liability for unintentional disclosure.
Electronic Communication. By using our Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please notify us as at: email@example.com.
Posting of Revised Policy. We will post any adjustments to this Policy on our Service, and the revised version will be effective when it is posted.
Changes to this Policy. From time to time, we may change this Policy to reflect changes in our practices. If at any point we decide to retain or use previously collected Personal Information in a materially less restrictive manner, we will post a notice on our Service prior to the change becoming effective. Revisions to this Policy are effective upon posting. You should periodically visit this page to review the current information on our Policy.
We welcome your questions or concerns about this Policy. You may contact us at our address:
Komodo195 Plymouth St 3/5Brooklyn, NY firstname.lastname@example.org
TERMS OF SERVICE
AGREEMENT TO BE BOUND
Please read the Terms carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to be bound by the Terms. If you do not agree to the Terms, then you may not access or use the Service. Komodo may amend the Terms from time to time and will provide notice of any substantive changes on this website. Continued usage of the Service constitutes acceptance of the amended Terms.
ABILITY TO ENTER INTO THIS AGREEMENT
The Service is available only to individuals who are at least thirteen (13) years old. By using the Service you represent that you are at least 13 years of age and otherwise able to enter into a valid and binding legal agreement and acknowledge that the Terms constitute a valid, binding agreement between you and us.
BANDWIDTH MESSAGING FEES
Komodo does not charge a fee to use the Service, but any video sent and/or received are subject to standard data transmission rates. Any users, whether sending or receiving videos with Komodo, should be aware that standard data messaging rates may apply. Please be aware that data charges can fluctuate internationally. Data rates can normally be found by asking your provider.
KOMODO ACCOUNTS AND USE OF SERVICE
If you create an account on Komodo, you are responsible for maintaining the security of your account and groups, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your groups. You must immediately notify us of any unauthorized uses of your group, your account, or any other breaches of security. We will not be liable for any acts or omissions by any user, including any damages of any kind incurred as a result of such acts or omissions. Further, you agree that you will provide only truthful information in your user profile and will neither falsify your phone number or your email address nor spoof another individual's phone number or email address. Third party vendors may further restrict your use of the Service.
If you operate a group, post material to one, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content. By using the Service, you assume responsibility for your use of the Service and agree not to use it in ways not explicitly authorized by Komodo. You represent and warrant that you own and control all of the rights to the Content that you share using the Service, or you otherwise have the right to post or share the Content on the Service; and represent and warrant that the use and posting of the Content you supply does not violate the Terms, will not violate any rights of or cause injury to any person or entity, and will not otherwise create any harm or liability of any type for us or for third parties. Using the Service means that you will:only send videos to people who have expressly agreed to receive videos from you, other members of the group, and Komodo;comply with all applicable laws and regulations;not infringe on the intellectual property or privacy of others;only share Content that is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;fully comply with any third-party licenses relating to the Content, and have completed all acts necessary to successfully pass through to end users any required terms;ensure that the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;ensure that the Content is not spam, is not machine- or randomly-generated, and does not contain commercial content;ensure that the Content is not being sent in connection with any unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);comply strictly with any carrier agreements and terms associated with your mobile device; andnot attempt to disrupt the Service.
LICENSE TO SOFTWARE
Komodo’s affiliate company, Komodo, Inc, may make available software to enable use of the Service (the "Software"). If Software is made available to you through the Service, your use of the Software is subject to the terms of the end-user license agreement (if any) that accompanies the Software; or, if no end-user license accompanies the Software, then subject to the terms and conditions of this Agreement, Komodo grants to you only a limited, personal, non-exclusive, non-transferable license to install and use one copy of the Software on a single personal computer in accordance with its documentation (if any), solely to enable your use of the Service. This limited license does not include any right to modify, distribute, prepare derivative works of, or grant sublicenses to use the Software. Furthermore, in order to protect the trade secrets and proprietary know-how contained in the Software, you will not decompile, disassemble, or reverse engineer the Software.
Any Content transmitted by users is not representative of our opinions including our employees.
Komodo has the right (though not the obligation) to, in its sole discretion (i) refuse or remove any content that, in Komodo’s opinion, violates any Komodo policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in Komodo’s sole discretion. This may include modifying or stopping the Service in its entirety.
COPYRIGHT CLAIMS AND DMCA POLICY
We respect the intellectual property of others. If you think material shared in a Komodo group violates any of your copyrights, please contact Komodo. The We will reply to all such notices, including as required or appropriate by removing any infringing material. Should a user repeatedly infringe on copyrights or other intellectual property, Komodo will terminate that user's access to Komodo.
MODIFICATIONS TO AND TERMINATION OF THE SERVICE
Komodo may periodically make updates to the Service. Disruptions to the Service are rare but may occur. Komodo reserves the right to terminate the Service at its sole discretion. This may prevent you from accessing any Content made available through or on the Service.
TERMINATION OF ACCESS TO CONTENT AND SERVICE
We reserve the right to block access to any Content and to terminate your or any group member's access to the Service at any time, with or without cause, with or without notice, effective immediately. Should you wish to terminate your use of the Komodo service, simply delete the application. Provisions of the Terms which on their face are intended to survive shall survive such termination. Your access to Content may be terminated.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SOFTWARE AND SERVICE IS AT YOUR SOLE RISK. THE SOFTWARE AND SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KOMODO AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. KOMODO DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICE, AND YOU RELY ON THE SERVICE AT YOUR OWN RISK. ANY MATERIAL TRANSMITTED OR STORED THROUGH USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE TRANSMISSION OF ANY MATERIAL THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KOMODO OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.LIMITATION OF LIABILITYNEITHER KOMODO NOR OUR AFFILIATES, LICENSORS OR SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KOMODO HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SOFTWARE OR SERVICE. UNDER NO CIRCUMSTANCES WILL KOMODO'S OR OUR AFFILIATES', LICENSORS' OR SUPPLIERS' TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF THE TOTAL AMOUNT PAID BY YOU TO KOMODO FOR THE SOFTWARE OR SERVICE OR $50. THE LIMITATIONS SET FORTH IN THIS AGREEMENT APPLY EVEN IF ANY LIMITED REMEDY UNDER THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION ON CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY TO YOU.
You agree to indemnify and hold harmless Komodo, its contractors, affiliates and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Software and/or Service, including but not limited to your violation of the Terms, or your breach of any representation or warranty contained in these Terms.
We will not be liable to you for any delay or failure to perform any obligation under the Terms if the delay or failure is due to circumstances beyond our reasonable control.
These Terms constitute the entire agreement between Komodo and you concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorized executive of Komodo, or by the posting by Komodo of a revised version. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing or otherwise be authorized. There are no third party beneficiaries to the Terms. Our failure to act in a particular circumstance does not waive our ability to act with respect to that circumstance or similar circumstances. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
CHOICE OF FORUM AND LAW
Except to the extent applicable law, if any, provides otherwise, and except as set forth below under the Arbitration and Class Action Waiver provision, all disputes arising out of or in any way related to this Agreement or the Service shall be brought exclusively in state or federal court in New York County, New York. This Agreement, and all access to or use of the Service, shall be governed by New York law.
ARBITRATION AND CLASS ACTION WAIVER:
IMPORTANT PLEASE READ CAREFULLYGENERAL:You agree that, unless prohibited by applicable law, the parties to the Terms may elect to arbitrate - and require the other party to arbitrate - any claim arising out of or in any way related to this Agreement or the Service.
IMPORTANT NOTICE AND LIMITATIONS:
If you or we elect to arbitrate a claim, neither you nor we will have the right to: (1) have a court or a jury decide the claim; (2) participate in a class action in court or in arbitration, either as a class representative or a class member; (3) act as a private attorney general in court or in arbitration; or (4) join or consolidate your claim(s) with claims of any other person or involving any other transaction.
STARTING AN ARBITRATION:
To start an arbitration, you or we must give written notice of an election to arbitrate. This notice may be given after a lawsuit has been filed and may be given in papers or motions in the lawsuit. If such a notice is given, the claim shall be resolved by arbitration under this Arbitration Provision and the consumer or other applicable rules of the American Arbitration Administration then in effect using a single arbitrator appointed by the American Arbitration Association and approved by you and us. For more information please see www.adr.org.
NO CLASS ACTIONS:
Notwithstanding any language herein to the contrary, if you or we elect to arbitrate a claim, neither you nor we will have the right to: (1) participate in a class action in court or in arbitration, either as a class representative, class member or class opponent; (2) act as a private attorney general in court or in arbitration; or (3) join or consolidate your Claims with claims of any other person or involving any other transaction, and the arbitrator shall have no authority to conduct any such class, private attorney general or multiple-party proceeding.
LOCATION AND COSTS:
Any arbitration hearing that you attend will take place in a location that is reasonably convenient for you. If you cannot afford or otherwise do not want to pay the Administrator's or arbitrator's filing, administrative, hearing and/or other fees and cannot obtain a waiver of fees from the Administrator, we will consider in good faith any request by you for us to bear the cost of those fees. We will pay for our own attorneys, experts and witnesses and will pay the reasonable fees and charges of your attorneys, experts and witnesses if you win the arbitration, as determined by the arbitrator. We will pay any administration fee, arbitration fees and fees and charges of attorneys, experts and witnesses if and to the extent we are required to pay such fees and charges by law or in order to make this Arbitration Provision enforceable.
EFFECT OF ARBITRATION AWARD:
Any court with jurisdiction may enter judgment upon the arbitrator's award. The arbitrator's award will be final and binding, except for: (1) any appeal right under the Federal Arbitration Act, 9 U.S.C. §§1 et seq. (the"FAA"); and (2) claims involving more than $100,000. For claims involving more than $100,000, any party may appeal the award to a three-arbitrator panel appointed by the Administrator, which will reconsider anew any aspect of the initial award that is appealed. The panel's decision will be final and binding, except for any appeal right under the FAA. The costs of any appeal will be borne in accordance with the paragraph above captioned "Location And Costs."
This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by the FAA, and not by any state law concerning arbitration.
SURVIVAL, SEVERABILITY, PRIMACY:
This Arbitration Provision shall survive the termination of your use of the Services, the Terms themselves and, the fulfillment of all our and your obligations under the Terms
*Updated Nov 29, 2019.
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