Cucku

Terms of Use

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

1. Effective Date

This Agreement was last updated on April 7, 2008.

2. Acceptance of Terms

The www.cucku.com website (the "Site") and the service offered therein (the "Service") are provided by Cucku, Inc. ("Cucku"). By using our Site, you agree to be bound by these Terms of Use (the "Agreement"). We encourage you to periodically review these Terms of Use. If you do not agree with them, please do not use this Site.

3. Changes in Terms of Use

This Agreement outlines the legally binding terms for your use of the Site. We reserve the right to modify this Agreement from time to time, for any reason, without notice and such modifications will be made available on our Site. Use of our Site constitutes (1) acknowledgement by you of our modifications, and (2) an agreement by you to abide and be bound by this Agreement and its modifications. You may identify whether we have revised this Agreement by the Effective Date listed in Section 1 above.

4. Registration

In order to use the Service, you must register with Cucku and download Cucku’s software application (the "Application"). You may register with Cucku by either filling out and submitting our online registration form or by following the instructions when you install the Application. You may register for the free version or "Pro" version of our Service when it becomes available. You represent and warrant that the registration information you submit is truthful and accurate. Your wilful provision of inaccurate or unreliable information shall constitute a material breach of this Agreement and be a basis for termination.

During the registration process, you will specify your email address and a password (your "Login Credentials"). You are solely responsible in all respects for all use of and for protecting the confidentiality of your Login Credentials. You agree to notify Cucku immediately of any unauthorized use of your Login Credentials and any other suspected breach of security regarding the Site. You are responsible for changing your password if you believe your password has been stolen or might otherwise be misused.

5. Limitations On Service

You acknowledge that Cucku may establish limits concerning use of the Site, including the maximum number of back-ups, the maximum number and size of postings, email messages, or other User Content that may be transmitted or stored by the Site, and the frequency with which you may access the Site. You agree that Cucku has no responsibility or liability for the deletion or failure to store any User Content maintained or transmitted by the Site. You acknowledge that Cucku reserves the right at any time to modify or discontinue the Site (or any part thereof) with or without notice, and that Cucku shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

6. User Conduct and Responsibilities

You agree to use the Service only in accordance with these Terms of Use.

You are responsible for obtaining access to the Site and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Site.

Your use of the Service is subject to, and you agree to abide by, all applicable local, state, national and international laws and regulations, including but not limited to laws and regulations related to data privacy, international communications and the transmission of technical or personal data.

You are responsible for the timely payment of any subscription fees owed to Cucku for use of the Services and Cucku reserves the right to suspend or terminate your access to such Services upon your failure to make any such payments when due.

Without limitation of the foregoing, you agree to not use the Site to:

  • impersonate any person or entity, or falsely state or otherwise misrepresent yourself, or your affiliation with any person or entity;
  • solicit personal information from anyone under 13; or
  • intimidate, harass, or "stalk" another.

You represent and warrant that any materials you transmit through or otherwise post or share through the Site are free of libel or other unlawful material, including matter that may be construed as invasion of privacy, violation of a right of publicity, a copyright, a patent, a trademark infringement, and/or theft of trade secret or any other right of a person or party and that all necessary licenses and consents have been obtained for unrestricted use on the Web.

Without limitation, you agree to not use the Site to upload, post, transmit, share, store or otherwise make available:

  • any content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  • any content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party (including without limitation rights of privacy and publicity), or that would otherwise create liability or violate any local, state, national or international law;
  • any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or
  • any content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Cucku or its users to any harm or liability of any type.

7. User Content

You are solely responsible for any content that you upload, publish or display (hereinafter, "post") on or through the Site, or transmit to or share with other users ("User Content"). Cucku reserves the right to modify or remove, at its discretion, any content posted by you to the Site.

8. User Data

Cucku does not own any files, data, information or material that you transmit through the Service ("User Data"). It is your sole responsibility to ensure the intellectual property ownership or right to use any of your User Data. Cucku is not responsible or liable for any deletion, correction, modification, destruction, damage to or caused by, loss or failure to store, any User Data. If Cucku terminates your account for any reason, your right to access or use User Data through the Service ceases immediately, and Cucku has no obligation to maintain or provide you with the User Data.

9. Site Content

All content on the Site, other than User Content and User Data, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of Cucku, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Cucku’s prior written permission.

You may not republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Cucku, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

10. Links to Other Websites and Content

The Site contains (or you may be sent through the Site) links to other web sites ("Third Party Sites") which may contain articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software and other content belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Cucku, and Cucku is not responsible for any Third Party Sites accessed through the Site or any Third Party Content linked or posted through the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability, legality, or policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by Cucku. If you decide to leave the Site and access the Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

11. Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site ("Submissions"), provided by you to Cucku are non-confidential and shall become the sole property of Cucku. Cucku shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.

12. Suspension, Termination

If you violate any of the terms in this Agreement, Cucku may suspend or terminate your use of the Site.

13. Privacy Policy

We care about the privacy of our users. Use of the Site is governed by our Privacy Policy. By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United States.

14. Proprietary Rights

The Site is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Site is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Site or the collective work, and/or copying or reproducing the Site or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Cucku. You further agree not to reproduce, duplicate or copy content from the Site without the express written consent of Cucku, and agree to abide by any and all copyright notices displayed on the Site. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Site. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Site.

All contents on the Site are: Copyright © 2008 Cucku, Inc. or its partners. All rights reserved. Cucku and the Cucku logo are trademarks of Cucku, Inc.. All other trademarks are property of their respective companies. All trademarks and registered trademarks are protected by US and international trademark laws.

15. Modifications to or Discontinuation of Service

Cucku reserves the right to modify or terminate the Site with or without cause at any time and effective immediately. Cucku shall not be liable to you or any third party for termination. Should you object to any terms and conditions of the Agreement or any subsequent modifications thereto or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of the Site, your right to use the Site immediately ceases. You shall have no right and Cucku will have no obligation thereafter.

16. Notice

All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Cucku may broadcast notices or messages through its website to inform you of changes to this Agreement, the Site, or other matters of importance. Such broadcasts shall constitute notice to you.

17. Disclaimers

The Site may be temporarily unavailable from time to time for maintenance or other reasons. Cucku assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications or User Data. Under no circumstances will Cucku be responsible for any loss or damage, including any loss or damage to any User Data or any computer or equipment or any data stored therein or personal injury or death, resulting from anyone's use of the Site, any User Content or Third Party Content linked to or posted on or through the Site, or any interactions between users of the Site, whether online or offline.

You acknowledge and agree that Cucku is not responsible for any loss of confidentiality or misappropriation of any intellectual property rights or any other rights in User Data that you post, transmit, share, or otherwise make available on or through the Site and its related Services.

Cucku reserves the right to change any and all content contained in the Site or offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Cucku.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  • THE SITE, AND ALL CONTENT AND SERVICES INCLUDED IN THE SITE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER.
  • EXCEPT AS EXPRESSLY SET FORTH ON OUR SITE, CUCKU AND ITS LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF CUSTOM OR TRADE USAGE.
  • WITHOUT LIMITATION, CUCKU AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTY AS TO THE RELIABILITY, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SERVICE OR ANY SITE CONTENT.
  • CUCKU AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, ERROR-FREE, UNINTERRUPTED OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE SYSTEM OR DATA, (B) THE QUALITY OF THE SERVICE OR MATERIALS OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, (D) ERRORS OR DEFECTS WILL BE CORRECTED, (E) THE SERVICE, THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE, OR FILES RECEIVED OR TRANSMITTED THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, USER DATA, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR (F) THE USE OF THE SERVICE DOES NOT INFRINGE ANY THIRD PARTY RIGHTS.
  • USE OF THE SERVICE IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY USER DATA, IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
  • THE SERVICE MAY BE SUBJECT TO DELAYS, LIMITATIONS, DOWNTIME AND OTHER PROBLEMS INHERENT TO THE USE OF THE INTERNET. CUCKU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS.
  • NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CUCKU OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

18. Disclaimer of Liability

CUCKU DISCLAIMS ALL LIABILITY UNDER ANY CAUSE OF ACTION WHATSOEVER, WHETHER IN CONTRACT, TORT OR OTHER LEGAL THEORY. IN NO EVENT SHALL CUCKU OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR INCIDENTAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Certain states or jurisdictions do not allow the exclusion of implied warranties or limitations of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.

19. Indemnity

You agree to indemnify and hold Cucku, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Data or User Content you post, transmit, share, backup or otherwise make available on or through use of the Site, your use of the Site, your conduct in connection with the Site or with other users of the Site, or any violation of this Agreement or of any law or the rights of any third party.

20. Miscellaneous

Entire Agreement. These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

Headings, Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

Waiver and Severability of Terms. The failure of Cucku to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Cucku. If any provision of this Agreement 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 this Agreement remain in full force and effect.

Statute of Limitations. You and Cucku agree that any cause of action arising out of or related to this service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Some jurisdictions may prohibit the shortening of the time period in which a cause of action must be brought. In all such jurisdictions, the applicable time period shall be the minimum allowed by law.

Choice of Law and Forum. This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law provisions. You and Cucku agree to submit to the exclusive jurisdiction of the courts of the State of California.