Terms of Service

 

The following Terms of Service apply to your use of all websites, mobile applications, and other products and services owned, controlled, operated or hosted (whether now or in the future) by Kabaq 3D Technologies, LLC, or any of its corporate affiliates (collectively the Kabaq Sites).

 

Last Updated: September 3, 2018

 

Kabaq 3D Technologies, LLC ("Kabaq" or "we") is a Nevada corporation that creates, produces and distributes 3D Content (as defined below).

 

These Terms of Service (this "Agreement") set forth certain terms and conditions of the legal contract between you and Kabaq with respect to your use of the Kabaq Sites and Kabaq Services, whether you are an unregistered visitor ("Visitor"), a free account holder ("Registered Member"), or a paying subscriber ("Paid Subscriber"). By using any of the Kabaq Sites or Kabaq Services, you agree to be also bound by the Kabaq Privacy Policy (click here) and the Legal Notices (click here). In addition, if you make any purchases on any of the Kabaq Sites, you agree to be also bound by the Kabaq Terms of Sale (click here).

 

1. CERTAIN DEFINITIONS:

As used herein, the following capitalized terms shall have the meanings set forth as follows:

"Content" means and includes, without limitation, photos, images, artwork, graphics, videos, audios, animations, text, editorials, comments, writings, personal information, music, liner notes, lyrics, and other elements and materials, in any media or format now known or hereinafter devised, whether physical, electronic, digital, analog or otherwise.

"Collaborative Content" means any customized Content that results from Users incorporating User Materials into Kabaq Content (as defined below) as the functionality of the Kabaq Sites and Kabaq Services may allow and enable from time to time.

"Kabaq Content" means any and all Content made available on the Kabaq Sites and/or through the Kabaq Services, including Content owned or controlled by Kabaq, and/or its corporate affiliates, as well as Content licensed or otherwise provided to Kabaq by Licensers/Suppliers (as defined below).

"Kabaq Services" means any and all services, tools, Software (as defined in Section 23), applications, and functionalities as may be provided on the Kabaq Sites from time to time.

"Licensors/Suppliers" means any and all third parties that make available to Kabaq (pursuant to a license or otherwise) their proprietary Content, products or services for use, deployment, display, performance, and/or distribution via the Kabaq Sites. For the avoidance of doubt, the term "Licensors/Suppliers" includes third parties that place, display, or distribute their advertising, promotional, or sponsorship Content on the Kabaq Sites.

"Trademarks" means any and all marks, brands, logos, designs, character names, location names, slogans, catch words and phrases, business names, trade names, trade dress, packaging designs, label designs, webpage layouts, look and feel, and other indicia of source, origin or identification, owned or controlled by Kabaq, its corporate affiliates, and/or Licensors/Suppliers. Any and all Trademarks owned or controlled by Kabaq and/or its corporate affiliates, including, without limitation, the Kabaq name and logos and characters, and the layout and design of the Kabaq Sites, are referred to hereinafter as "Kabaq Trademarks"; and any and all Trademarks owned or controlled by Licensors/Suppliers, including, without limitation, those listed in the legal notices referenced in Section 2 below, are referred to hereinafter as "Licensors/Suppliers Trademarks."

"User Materials" means Content which users upload, submit, record, stream, distribute, or otherwise make available via the Kabaq Sites and/or through the Kabaq Services, but excluding any and all Kabaq Content.

 

2. TERM/FEES:

This Agreement shall remain in full force and effect for as long as you use any of the Kabaq Sites or Kabaq Services, whether as a Visitor, Registered Member, or Paid Subscriber ("Term"). You may terminate your free account or subscription at any time, for any reason. Kabaq may terminate your free account or subscription at any time, for any reason, effective immediately upon sending notice to you at the email address you provided during the account set-up process, or such other email address as you may subsequently provide to Kabaq. If Kabaq terminates your free account or subscription in the Service due to a breach of this Agreement, you shall not be entitled to the refund of any unused portion of subscription fees (if any). Even after the free account and/or subscription is terminated, this Agreement will remain in full force and effect, provided, however, that the User Materials submitted by you may no longer be accessible on the Kabaq Sites once your account has been cancelled.

Notwithstanding the foregoing, you acknowledge that once your User Materials are integrated into a Kabaq Sites production (e.g., photos, audio files, or videos integrated within an animation, promotion, video, or any Kabaq  Sites production, regardless of media format), all of the licenses for such materials, as granted in Sections 8 and 9 of this Agreement, shall extend in perpetuity, meaning that Kabaq will have the perpetual right throughout the world to exploit such Kabaq Sites production embodying your User Materials in any and all media now known or hereafter devised.

By using the Kabaq Services and/or by becoming a Paid Subscriber, you acknowledge that Kabaq reserves the right to charge a payment for the Kabaq Services and the right to terminate your account or subscription should you breach this Agreement or fail to pay for the Service, as required by this Agreement. Please keep in mind that Kabaq‚ subscription fees at registration (if any) may change from time to time.

 

3. ELIGIBILITY; LIMITED USER LICENSE FOR KABAQ CONTENT:

Use of the Kabaq Sites or Kabaq Services is void where prohibited by law. By signing up to become a Registered Member or Paid Subscriber on any of the Kabaq Sites or Kabaq Services, you represent and warrant that: (i) all registration information submitted directly by you or via third-party sign-on service (e.g., Facebook Connect) is truthful and accurate and you agree to maintain the accuracy of such information; (ii) you are at least 13 years of age; and (iii) your use of the Kabaq Sites and Kabaq Services does not violate any applicable law or regulation. Your account information and data may be deleted without warning if it is discovered that you have misrepresented your age or any other account and/or membership data. We may, in our sole discretion, refuse to offer the Kabaq Services to any user or entity that does not meet our eligibility criteria and we retain the right to change such eligibility criteria at any time.

Subject to your strict compliance with this Agreement and except as otherwise expressly permitted by this Agreement or by Kabaq, Kabaq grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable, and non-transferable license to download, view, and/or play one copy of the Kabaq Content (excluding source and object code) for your personal, non-commercial use only, PROVIDED that: (i) you maintain all copyright and other proprietary notices contained in the Kabaq Content or any copy you may make of the Kabaq Content; (ii) you do not use the Kabaq Content in a manner that suggests an association with Kabaq or any of its Licensors/Suppliers or any of their products, services or brands; (iii) you do not modify the Kabaq Content; (iv) you do not allow or aid or abet any third party (whether or not for your benefit) (a) to copy or adapt the object code of any of the Kabaq Sites or Kabaq Services or (b) reverse engineer, decompile, reverse assemble, modify, or attempt to discover any source code associated with any of the Kabaq Sites or Kabaq Services or other products or processes accessible through the Kabaq Sites or Kabaq Services; and (v) you do not insert any code or product to manipulate the Kabaq Content in any way that affects any user‚   experience. You also agree that you will not: (a) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy, or distribute the Kabaq Content (except as may be a result of standard search engine or internet browser usage), nor will you (b) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Kabaq Content in any way for any public or commercial purpose except as expressly permitted by this Agreement or by Kabaq.

 

4. USER CONDUCT:

Kabaq is glad to provide services to you, but you need to do your part as well. All of the Kabaq Sites, Kabaq Content, and Kabaq Services are solely for your personal use and/or contracted corporate or commercial use. You are solely responsible for all User Materials posted or distributed by you or through your account with Kabaq, including any email messages, and for all your interactions with other users. Your commitment to this agreement is extremely important.

We want all of our users to feel safe while using our services and enjoy our great content without worrying. In order to experience all of Kabaq services we ask that you act responsibly in a manner demonstrating the exercise of good judgment. For example and without limitation, you agree not to: (i) violate any applicable law or regulation; (ii) submit any materials that conflict with any of your representations and warranties set forth in Section 15 of this Agreement; (iii) infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity, and/or contractual rights; (iv) use any content or information available on the Kabaq Sites or through the Kabaq Services for any unauthorized purpose; (v) mislead users as to the features, functionality, origin, or capabilities of the Kabaq Sites or Kabaq Services; (vi) interfere with or damage any of the Kabaq Sites or Kabaq Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing of electronic mail address information, or similar methods or technology; (vii) use any of the Kabaq Sites or Kabaq Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others, personal contact information, or account numbers, or any defamatory materials of any kind, except where you have obtained express permission from such other person or entity in connection with any of the foregoing; (viii) use any of the Kabaq Sites or Kabaq Services in connection with the distribution of unsolicited commercial e-mail ("Spam") or advertisements; (ix) "stalk" or harass any other user of the Kabaq Sites or Kabaq Services; (x) harass, threaten, or verbally abuse the Performer during a Live Video Call; (xi) collect or store any information about any other user other than in the course of the permitted use of the Kabaq Sites and Kabaq Services; (xii) use any of the Kabaq Sites or Kabaq Services for any commercial purpose whatsoever (including, without limitation, to research, advertise, market, promote, sell, or otherwise exploit any product or service); (xiii) sell or otherwise transfer any User information (e.g., user profiles) or other user‚   User Materials); or (xiv) assist any third party in doing any of the foregoing. Kabaq reserves the right, in its sole discretion and without prior notice to you, to limit the amount of Kabaq Content and Collaborative Content you may send and the number of recipients to whom you may send such Kabaq Content or Collaborative Content through the Kabaq Sites. Kabaq may terminate your account and/or subscription if you violate the foregoing, and we may prohibit you from creating new accounts with Kabaq. If Kabaq determines, in its sole discretion, that you are a repeat infringer of third-party intellectual property rights, Kabaq will terminate your account and/or subscription, as the case may be, and prohibit you from creating new accounts with Kabaq. You are solely responsible for any interactions with other users of the Kabaq Services. Kabaq will not be responsible for any damage or harm resulting from your interactions with other users of the Kabaq Services. Kabaq reserves the right, but shall have no obligation, to monitor interactions between you and other users of the Kabaq Services and take any action in good faith to restrict access to or the availability of any material that Kabaq or another user of the Kabaq Services may consider to be obscene, lewd, defamatory, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.

Your Kabaq account may NOT include any photographs that contain nudity, violence, or offensive subject matter, as determined in Kabaq‚   sole discretion. Information provided by other Kabaq users may contain inaccurate, inappropriate and/or offensive material, and Kabaq assumes no responsibility or liability for this material.

 

5. PRIVACY:

Your privacy is extremely important to us. The Kabaq Sites and Kabaq Services allow, among other things, users who are 13 or older to post personal content (e.g., photographs and information about themselves and others for whom they have the authority or permission to post photos and information) for public review and comment, both in public forums and with private messaging. Accordingly, by submitting personal content on any of the Kabaq Sites or through any of the Kabaq Services, you hereby waive any and all privacy expectations (including the privacy expectations of any other individual who appears in the submitted content) with respect to Kabaq‚   use of such content. If you do not wish to have personal content viewable by others, you should not use the Kabaq Sites and Kabaq Services.

Children should only access and use such sites and services with the participation and supervision of their parents. Only parents are allowed to create accounts and profiles and post personal content on such sites and services, and Kabaq does not knowingly collect personal information directly from children on such sites and services.

Please click hereto view the Kabaq Privacy Policy for details concerning our data practices.

 

6. OWNERSHIP:

Kabaq is the owner and will retain all right, title and interest in and to the User Materials provided by you hereunder (including, without limitation, the copyrights therein and thereto), when you submit User Materials on any of the Kabaq Sites or through any of the Kabaq Services, you acknowledge that third parties may use your User Materials.

You acknowledge and agree that, as between Kabaq and you, Kabaq and/or its Licensors/Suppliers (as the case may be) are, and shall at all times remain, the sole and exclusive owner(s) of all right, title, and interest (including, without limitation, copyright) in and to the Kabaq Sites, Kabaq Services, all Trademarks, and all Kabaq Content, and that your right to use the Kabaq Sites, Kabaq Services, Trademarks, and Kabaq Content, as set forth herein, shall be for personal, or contracted commercial use only and shall not in any way transfer or convey any ownership rights or other proprietary interests therein to you.

 

7. LICENSE FOR USER MATERIALS:

Unless expressly otherwise stated in this Agreement or otherwise agreed between you and Kabaq in a written agreement signed by both parties, you hereby grant to Kabaq a worldwide, royalty-free, sublicensable, transferable, assignable, non-exclusive license to do the following things during the Term (and in perpetuity with respect to any Kabaq production as set forth in Section 3 of this Agreement): (i) to prepare and encode your User Materials, or any portion thereof for electronic, digital and/or other transmission, manipulation and exhibition in any format and by any means now known or hereafter devised; (ii) to display, copy, reproduce, create derivative works of, exhibit, publicly perform, broadcast, rebroadcast, transmit, retransmit, promote, distribute through any means (including electronic, analog and digital), and publish and/or otherwise exploit, in digital or physical form, any or all of your User Materials, including any portion thereof, and to include any such materials in compilations or other works, by any and all means in all media now known or hereinafter created, anywhere in the world, and for any purpose (for avoidance of doubt, the rights granted to Kabaq hereunder include the rights to make your User Materials available on the Kabaq Sites, third-party websites and electronic devices); (iii) to modify, adapt, change, or otherwise alter and create derivative works of the User Materials and use your User Materials as described in Section 8(ii); and (iv) to license and/or sublicense to any third party any of the foregoing rights in your User Materials, or any part or element thereof, subject to the terms and conditions of this Agreement.

You hereby agree not to assert any right, title, or interest in any and all Trademarks and Kabaq Content with which your User Materials may be combined or into which all or any portion of your User Materials may be incorporated. You acknowledge and agree that all right, title, and interest (including, without limitation, copyright, trademark and other intellectual property rights) in and to any and all Trademarks and Kabaq Content shall remain the sole and exclusive property of Kabaq and/or Licensors/Suppliers (as the case may be). For the avoidance of doubt, with respect to any and all Collaborative Content, you acknowledge and agree that your rights therein and thereto shall be expressly limited to your User Materials contained in such Collaborative Content and shall in no event extend to any Kabaq Content or any Trademarks contained or embodied therein.

 

8. LICENSE FOR USE OF NAME AND LIKENESS:

Unless expressly otherwise stated in this Agreement or otherwise agreed between you and Kabaq in a written agreement signed by both parties, you hereby grant to Kabaq a worldwide, royalty-free, sublicensable, transferable, assignable, non-exclusive license to use (a) your name(s), photograph(s), likeness(es), voice(s), performance(s), and biographical materials (to the extent contained or embodied in your User Materials) and (b) any other individual‚   name(s), photograph(s), likeness(es), voice(s), performance(s), and biographical materials, where such other individual appears in your User Materials, in connection with the distribution, exploitation, promotion, marketing and advertising of your User Materials, as described hereunder, during the Term (and in perpetuity with respect to any Kabaq production as set forth in Section 3 of this Agreement).

You also agree not to assert any privacy, publicity, moral or similar rights held by you (and to the extent any other person(s) whose name(s), photograph(s), likeness(es), voice(s), performance(s, and/or biographical materials are embodied in your User Materials, you represent and warrant that you have obtained all necessary consents from such third parties consistent with the full scope of rights granted to Kabaq pursuant to this Agreement, and you agree that such persons shall not assert any intellectual property, privacy, publicity, contractual, moral, or similar rights, or make any claims that your User Materials are objectionable or otherwise defamatory) under the laws of the United States and any other country in connection with the exploitation of such materials as described hereunder.

 

9. UNSOLICITED USER SUBMISSIONS.

Kabaq does not solicit user submissions of content/product/service/business ideas, concepts, suggestions or proposals, including, without limitation, stories, scripts, fan fictions, characters, designs, drawings or artwork. We ask that you do not make unsolicited submissions to Kabaq. If you do make an unsolicited submission to Kabaq, however, you expressly acknowledge and agree that: (i) your submission is not being made in confidence or in trust, and no contractual, fiduciary or confidential relationship of any kind (whether express or implied) is created between you and Kabaq by reason of your submission; (ii) Kabaq and its affiliates, licensees, successors and assigns will be free (with no obligation) to use your submission for any purpose and in any format or medium, and Kabaq and its affiliates, licensees, successors and assigns will have no obligation or liability to you whatsoever, and you will have no right or claim to any compensation, payment, credit, attribution, notice, approval, or inspection of any kind whatsoever with respect to any such use; (iii) Kabaq or third parties may have independently developed, or may hereafter independently develop content or material that is similar to your submission, and any similarity between your submission and any Kabaq content or material or production is purely coincidental; (iv) your submission is not returnable and may be retained indefinitely by Kabaq and its affiliates, licensees, successors and assigns; (v) to the extent your submission includes any idea, concept, recommendation, suggestion or proposal for a prospective product or service name, mark, logo, slogan, tagline, domain name, or other source identifier, Kabaq and its affiliates, licensees, successors and assigns will be free (with no obligation) to adopt, use, register, and license to others such name, mark, logo, slogan, tagline, domain name, or other source identifier (including any variation thereof) for and in connection with their businesses throughout the world in perpetuity, and will have sole ownership of all statutory and common law trademark rights and all associated goodwill resulting from such adoption, use, registration and licensing; and (vi) you waive the right to assert against Kabaq and its affiliates, licensees, successors and assigns, and you release and forever discharge Kabaq and its affiliates, licensees, successors and assigns from, any and all claims and damages based upon or relating to your submission, including, without limitation, claims and damages for copyright infringement, trademark infringement, invasion of privacy, violation of the right of publicity, defamation, libel, false light, unfair competition, unjust enrichment, idea theft, idea misappropriation, breach of implied contract, breach of fiduciary duty, and/or breach of confidence or trust.

 

10. THIRD PARTY CONTENT & SITES:

The Kabaq Sites and Kabaq Services may contain Content of third parties, including Content provided by Licensors/Suppliers and users (collectively "Third Party Content"), as well as links to third party web sites ("Third Party Sites"). Kabaq does not control Third Party Content and Third Party Sites and makes no representations or warranties about them. You understand that by using the Kabaq Sites and Kabaq Services, you may be exposed to Third Party Content or Third Party Sites that are false, offensive, indecent or otherwise objectionable. Under no circumstances will Kabaq be liable in any way for any Third Party Content or Third Party Sites, including, without limitation, any errors or omissions in any Third Party Content or Third Party Sites or any loss or damage of any kind incurred as a result of the use of any Third Party Content or Third Party Sites. You agree to bear all risks associated with using or relying upon Third Party Content or Third Party Sites, including without limitation, profiles of other users.

YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH ANY THIRD PARTY ON OR THROUGH ANY OF THE KABAQ SITES OR KABAQ SERVICES INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. YOU AGREE TO REVIEW AND EVALUATE ALL POLICIES, RULES, TERMS AND REGULATIONS, INCLUDING THE PRIVACY POLICIES AND TERMS OF USE OF EACH AND ANY THIRD PARTY SITE THAT YOU VISIT, AND BEAR ALL RISKS ASSOCIATED WITH, THIRD PARTY CONTENT AND THIRD PARTY SITES.

 

11. PROPRIETARY RIGHTS:

You acknowledge and agree that all Kabaq Sites, Kabaq Services, Trademarks, and Kabaq Content are the property of Kabaq and/or Licensors/Suppliers (as the case may be) and are protected by rights of publicity, copyright, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Kabaq and/or Licensors/Suppliers (as applicable), you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from, any Trademark or Kabaq Content, or otherwise use any Trademark or Kabaq Content in any way. You also agree not to retrieve data or other content or any materials from the Kabaq Sites to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of "bots" or otherwise. You further agree not to use any Trademark or Kabaq Content as metatags on other web sites. Moreover, you agree not to display any of the Kabaq Sites in a frame (or any of our content via in-line links) without Kabaq‚   express written permission.

 

12. PURPOSFULLY LEFT BLANK

 

13. USERNAME AND PASSWORD:

Any eligible user who creates a Kabaq account will select a username and password when completing the registration process or create an account using third-party single sign-on services (e.g. Facebook Connect). You are solely and fully responsible for maintaining the confidentiality of your username and password, or third-party credentials, for accessing Kabaq and will be solely and fully responsible for all activities that occur under that account to access the Kabaq Sites. You agree to (a) immediately notify Kabaq of any unauthorized use of your username and password or any other breach of security and (b) log off from your account at the end of each session. Kabaq cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 14.

 

14. REPRESENTATIONS AND WARRANTIES:

You represent and warrant that:

1. you have the full right and power to enter into and perform this Agreement and to grant Kabaq and Licensors/Suppliers all rights to use your User Materials (including individuals‚  names, likenesses, voices, and other elements of identity embodied therein) as contemplated in this Agreement, including, without limitation, the license grants in Sections 8 and 9 of this Agreement;

2. we exclusively own and/or control all right, title and interest (including, without limitation, copyright) in and to your User Materials, and you have secured all necessary third-party consents, rights, licenses and permissions, if any, required in order for you to enter into and perform this Agreement and to grant Kabaq and Licensors/Suppliers all rights to use your User Materials (including individuals names, likenesses, voices, and other elements of identity embodied therein) as contemplated in this Agreement (including, without limitation, consents and permissions from owners of any elements that are used or otherwise incorporated into your User Materials);

3. your User Materials (and Kabaq’s use thereof as contemplated under this Agreement) do not and will not infringe on any rights of any third party, including any trademark, copyright, patent, trade secret, right of privacy or publicity, or moral rights of any third party;

4. all information that you have provided or will provide to Kabaq is true and complete;

5. your User Materials do not and will not violate any law, statute, ordinance or regulation;

6. your User Materials do not and will not: (i) be defamatory, libelous, slanderous, or threatening; (ii) contain sexually explicit content that is pornographic, obscene, harmful to minors, violations of child pornography or child sexual exploitation laws; (iii) denigrate any ethnic, racial, sexual or religious group by stereotypical depiction or otherwise; (iv) exploit images or the likeness of any individual other than yourself (except where you have obtained express permission from such other individual(s) for such exploitation); (v) encourage or otherwise depict glamorized drug use; (vi) make use of offensive language or images; (vii) promote physical harm of any kind against any individual or group or characterize violence as acceptable, glamorous or desirable; (viii) contain your or any other individual‚   personal contact information; (ix) promote an illegal or unauthorized copy of another person‚   copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; (x) provide instructional information about illegal activities such as making or buying illegal weapons, violating someone‚   privacy, or providing or creating computer viruses; (xi) solicit passwords or personal identifying information for commercial or unlawful purposes from other users; and/or (xii) engage in any commercial activities whatsoever and/or sales without Kabaq‚   prior written consent; and

7. your User Materials do not and will not contain any viruses or other programming routines that may detrimentally interfere with computer systems or data, whether those of Kabaq or any third party.

 

15. USER DISPUTES:

It is important to keep in mind that you are solely responsible for your interactions with other users. Kabaq reserves the right, but has no obligation, to monitor disputes between you and other users.

 

16. DOWNLOADABLE ITEMS; COLLABORATIVE CONTENT:

To the extent that Kabaq makes any applications, software or functionalities available for download or use from or through any of the Kabaq Sites or Kabaq Services (the "Downloadable Items"), such Downloadable Items are the copyrighted work (as between you and Kabaq) of Kabaq and/or its Licensors/Suppliers. Your use of the Downloadable Items may be governed by additional terms and conditions, which may be included with the Downloadable Items. Please carefully read any such additional terms and conditions to determine the full extent of conditions governing the use of such Downloadable Items.

If you install a Downloadable Item that is a software application, you consent to the download of such software to your computer or device and accept this Agreement and any additional terms and conditions related to such software application. With respect to any User Materials that you download from or through any of the Kabaq Sites or Kabaq Services, you are responsible for all licensing, reporting and payment obligations of any kind to third parties in connection with such downloaded User Materials (including, without limitation, any such obligations that may arise from use by Kabaq or its Licensors/Suppliers of such User Materials as authorized in this Agreement). You also agree that any Downloadable Items you obtain from any of the Kabaq Sites or Kabaq Services (whether for free or for a fee) are only provided to you for your personal, non-commercial use and are not meant for you to further distribute unless you have a written agreement with kabaq that governs such distribution.

Your use of any Collaborative Content is subject to the following additional terms and conditions: (i) the permission for you to use Kabaq Content to generate Collaborative Content or otherwise in association with your User Materials is expressly limited to Kabaq Content specifically made available by Kabaq for that purpose, and may be revoked by Kabaq at any time without notice or liability to you; (ii) your use of Collaborative Content is subject to this Agreement and any additional terms and conditions as Kabaq may from time to time prescribe; (iii) you may NOT make any commercial use of any Collaborative Content or of any Kabaq Content embodied in any Collaborative Content, in whole or in part, or sell, lease, hypothecate, transfer, license, distribute, reproduce, encumber, or otherwise exploit same, in whole or in part, EXCEPT that you may use the Kabaq Sites and Kabaq Services to generate and engage in Viral Distribution (as defined below) of Collaborative Content, but in each case only to the extent expressly permitted by this Agreement or otherwise by Kabaq; as used herein, "Viral Distribution" means, for non-commercial purposes only: (a) sending Collaborative Content to friends, acquaintances at no charge by e-mail or other forms of digital delivery; (b) reproducing copies of Collaborative Content for personal use; and (c) posting and displaying links to Collaborative Content on a personal web site or on a third party web site that permits posting of such links at the direction of users subject to its terms and conditions, provided that such third party web site does not charge for access to the Collaborative Content or associate products, services or advertising with the Collaborative Content; (iv) you must always include and keep intact, and not remove or alter, any and all of Kabaq‚   and its Licensors/Suppliers‚   trademarks, copyrights and other proprietary rights notices, legends, watermarks, and other markings contained or embedded in or otherwise accompanying Collaborative Content (or any Kabaq Content portion thereof), and you agree to comply with all usage and viral distribution guidelines that may be prescribed by Kabaq from time to time; and (v) YOU AGREE NOT TO ENGAGE IN SPAMMING OR OTHER UNLAWFUL OR CONTROVERSIAL BEHAVIOR IN CONNECTION THEREWITH.

 

17. INDEMNITY:

You agree to defend, indemnify, reimburse, and hold Kabaq and its parent, subsidiary and affiliated entities, its Licensors/Suppliers, and its and their respective members, managers, officers, directors, representatives, employees, agents, successors, designees, licensees, sublicensees, and assigns harmless from and against any and all liability, loss, damages, judgments, costs, and expenses (including reasonable attorney‚   fees, costs and expenses and court costs) arising out of or related to: (i) your use of the Kabaq Sites and Kabaq Services; (ii) Kabaq‚   use of your User Materials; (iii) any breach or alleged breach of your representations and warranties and/or any breach, alleged breach, or violation of the notices, terms, and conditions hereof; and (iv) your violation or alleged or threatened violation of any laws, rules or regulations, or any rights of a third party, including, without limitation, any trademark, copyright, patent, trade secret, defamation, right of privacy or publicity, or moral rights of any third party, arising from the submission and/or use of your User Materials as contemplated hereunder.

 

18. KABAQ‚   PERFORMANCE:

Kabaq strives to provide you with the best possible experience, but we cannot guarantee that there will not be any errors or interruptions on our end. You acknowledge and agree that the operation of the Kabaq Sites may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and Kabaq shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Kabaq Services. There are no assurances whatsoever that any of your User Materials or any part or element thereof shall actually be utilized on any of the Kabaq Sites or if so utilized continue to be available for any particular time. Kabaq has the right, in Kabaq‚   sole and absolute discretion, to remove from the Kabaq Sites at any time your User Materials or any part thereof and/or to revoke any sublicense granted by Kabaq to any affiliate or unaffiliated third party. Notwithstanding the foregoing, Kabaq does not control the content of any User Materials and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content submitted to the Kabaq Sites. The Kabaq Sites may be discontinued at any time, with or without reason and without any liability to you or to any third party for any modification or discontinuance of the Kabaq Services.

 

19. NO WARRANTY:

ALL OF THE KABAQ SITES, KABAQ SERVICES, AND KABAQ CONTENT ARE PROVIDED ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KABAQ AND ITS LICENSORS/SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: UNINTERRUPTED OR CONTINUOUS AVAILABILITY OF THE KABAQ SITES AND KABAQ SERVICES, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE KABAQ SITES AND KABAQ SERVICES.

IN ADDITION, ALTHOUGH KABAQ INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE KABAQ SITES, AND WHETHER OR NOT KABAQ IMPLEMENTS THE AFOREMENTIONED REASONABLE PROTECTIONS, KABAQ DOES NOT WARRANT THAT THE KABAQ SITES, ANY PART THEREOF, OR ANY INFORMATION OR OTHER MATERIAL ACCESSIBLE THROUGH THE KABAQ SITES IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION‚   LAW IS APPLICABLE TO THESE TERMS.

BY ACCESSING OR USING ANY OF THE KABAQ SITES OR KABAQ SERVICES, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE SUCH KABAQ SITES OR KABAQ SERVICES.

 

20. NO LIABILITY FOR THIRD PARTY USE:

KABAQ DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY USE OF THE USER MATERIALS MADE AVAILABLE ON THE KABAQ SITES BY YOU PURSUANT TO THE TERMS OF THIS AGREEMENT. YOU SHALL BE SOLELY RESPONSIBLE FOR SEEKING RELIEF FOR ANY UNAUTHORIZED USE OF YOUR USER MATERIALS BY A THIRD-PARTY, AND NOT FROM KABAQ OR ANY OF ITS LICENSORS/SUPPLIERS. THIS MEANS, AMONG OTHER THINGS, THAT IF ANOTHER PERSON OBTAINS YOUR USER MATERIALS FROM KABAQ (WHETHER OR NOT WITH KABAQ‚   PERMISSION), AND USES THOSE MATERIALS IN A WAY NOT AUTHORIZED PURSUANT TO THE LICENSES GRANTED HEREUNDER, YOU WILL SEEK REDRESS FROM THAT OTHER PERSON AND NOT FROM KABAQ OR ANY OF ITS LICENSORS/SUPPLIERS, AND THAT YOU WILL NOT HOLD KABAQ OR ANY OF ITS LICENSORS/SUPPLIERS RESPONSIBLE OR LIABLE FOR SUCH UNAUTHORIZED USE.

 

21. EXCLUSION OF DAMAGES:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT (INCLUDING NEGLIGENCE) SHALL KABAQ, ITS OFFICERS, DIRECTORS, MEMBERS, PARENTS, AFFILIATES, SUBSIDIARIES, LICENSEES, ASSIGNS, SUCCESSORS, AGENTS, REPRESENTATIVES, EMPLOYEES, OR LICENSORS/SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY AND DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, INCIDENTIAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES), WHETHER OR NOT KABAQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE KABAQ SITES AND/OR THE KABAQ SERVICES. IN NO EVENT SHALL KABAQ‚   TOTAL LIABILITY TO YOU UNDER THIS AGREEMENT FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY EXCEED $200. YOU EXPRESSLY WAIVE ANY AND ALL RIGHT TO SEEK OR OBTAIN EQUITABLE OR INJUNCTIVE RELIEF RELATING IN ANY WAY TO THIS AGREEMENT, THE SERVICES AND/OR ANY USER MATERIALS (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO ANY USE OF YOUR USER MATERIALS BY KABAQ). THE PARTIES ACKNOWLEDGE AND AGREE THAT KABAQ HAS ENTERED INTO THIS AGREEMENT IN RELIANCE ON THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN, WHICH ALLOCATE THE RISK BETWEEN YOU AND KABAQ, AND FORM THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.

 

22. EXPORT CONTROLS:

Software from the Kabaq Sites (the "Software") is further subject to United States export controls. No Software may be downloaded from the Kabaq Sites or otherwise exported or re-exported (a) into (or to a national or resident of) any Country to which the U.S. has embargoed goods or (b) to anyone on the U.S. Treasury Department‚   list of Specially Designated Nationals or the U.S. Commerce Department‚   Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

 

 

23. GOVERNING LAW, VENUE, AND JURISDICTION:

You agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern your use and purchase of products and services and these Terms of Service, and any dispute of any sort that might arise between you and Kabaq or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in the Southern District of New York, New York, and BOTH YOU AND KABAQ IRREVOCABLY consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in the Southern District of New York, New York.

 

24. ARBITRATION

YOU AND KABAQ AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF SERVICE OR THE SALE OF ANY PRODUCT OR SERVICE BY KABAQ SHALL BE FINAL AND BINDING ARBITRATION, except that, to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, such other party may seek injunctive or other appropriate relief.

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes (the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF SALE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE OR ANY KABAQ PRODUCTS OR SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action, or proceeding by you related in any way to any products or services purchased by you on or through any of the Kabaq Sites be instituted more than one (1) year after the cause of action arose.

 

25. ASSIGNMENT:

Kabaq shall have the right to assign this Agreement in whole or in part to any person or business entity. You may not assign your rights or delegate your obligations under this Agreement without the prior written consent of Kabaq.

 

26. NOTICES:

All copyright infringement notifications to Kabaq in regards to any Content (including User Materials) on the Kabaq Sites must be made in accordance with the section entitled "NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT" contained in Kabaq‚   Legal Notices (click here).

 

All other notices, requests and other communications ("Communications") under this Agreement must be in writing and sent to The Glimpse Group Inc, 70 w 40TH, 16th floor, New York NY 10018 ATTN: Maydan Rothblum. Communications shall be deemed received: (i) for Communications sent by registered or certified mail, postage prepaid, return receipt requested or by Federal Express or other reputable overnight courier service, on the date of receipt as indicated on the return receipt; (ii) for Communications sent by personal delivery, on the date of personal delivery; No other form of notice shall be accepted under this Agreement.

 

 

 

27. ENTIRE AGREEMENT:

This Agreement, together with the Kabaq Terms of Sale, the Kabaq Privacy Policy, and the Legal Notices, sets forth the entire understanding and agreement of you and Kabaq as to the subject matter hereof and supersedes all prior proposals, discussions or agreements (oral and written) with respect to such subject matter. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Kabaq‚   failure to act with respect to a breach by you or others does not waive Kabaq‚   right to act with respect to antecedent, subsequent or similar breaches.

 

28. MODIFICATION:

Kabaq reserves the right to change the terms of this Agreement from time to time in its sole discretion. In the event of such changes, Kabaq will post the changes on the Kabaq Sites and/or notify you via email. Also, Kabaq may ask you to review and consent to the changes at the time of your next account login or at the time of your next visit to the Site. By continuing to use any of the Kabaq Sites or Kabaq Services after such notice and consent, you agree to be bound by the changes to this Agreement and the new terms of the Agreement shall govern all prior and future submissions of your User Materials.

 

Terms of Sale

The following Terms of Sale apply to your use of all websites, mobile applications, and other products and services owned, controlled, operated or hosted (whether now or in the future) by Kabaq 3D Technologies, LLC,  and/or its corporate affiliates and all related applications and services (collectively the ‚Kabaq Sites).

 

Last Updated: September 3, 2018

 

These Terms of Sale (Terms of Sale) govern your purchase of goods and services (including, without limitation, your purchase of non-trial subscriptions, physical goods, gift subscriptions, and/or pay-per-download material) on or through any of the Kabaq Sites. By purchasing any products or services on any of the Kabaq Sites, you affirmatively acknowledge that you have read and understand these Terms of Sale and agree to be bound by them as in effect at the time of your purchase. By using any of the Kabaq Sites or any products or services offered thereon, you agree to be also bound by the Kabaq Terms of Service (click here), the Kabaq Privacy Policy (click here), and the Legal Notices (click here), all of which are incorporated herein by reference. All capitalized terms used herein that are not otherwise defined in these Terms of Sale shall be as defined in the Kabaq Terms of Service (click here).

 

Please keep in mind that these Terms of Sale are subject to change by Kabaq, LLC from time to time. In the event of such changes, we will post the changes on the Kabaq Sites and/or notify you via email. Also, we may ask you to review and consent to the changes at the time of your next account login or at the time of your next purchase on or through any of the Kabaq Sites. Changes to these Terms of Sale shall apply to any purchases made after such notice and consent. Please review these Terms of Sale prior to each purchase so you will understand the terms applicable to such transaction. If you do not agree to these Terms of Sale, do not make any purchases on or through the Kabaq Sites.

 

PLEASE READ THESE TERMS OF SALE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

 

1. SUBSCRIPTIONS

You may be required to be a Paid Subscriber to access certain goods, services, and content offered on the Kabaq Sites (collectively ‚ Subscription-based Features‚). Kabaq, LLC may offer different subscription plans across different platforms, and some subscription plans may include special promotional pricing with differing conditions and limitations. With respect to any Subscription-based Features, you acknowledge and agree that, by making such features accessible to Paid Subscribers in general, Kabaq will have fully satisfied its obligation to deliver or otherwise provide such features to you (and/or to your intended authorized recipients), regardless of your or your recipients‚   failure or inability to use such features.

 

1.1 NON-TRIAL SUBSCRIPTIONS

If you decide to register for a paid subscription, we will charge you the applicable subscription fee for the applicable subscription term using your selected payment method at the time of purchase. If Kabaq alters the subscription fee or makes other changes to your subscription, you will be notified in advance about the changes via email. It is important to keep in mind that if you signed up for a subscription during a promotional period, the promotional price may only be active for a certain period of time, based on our sole discretion.

 

1.2 NON-TRIAL SUBSCRIPTION RENEWALS

As a Paid Subscriber, your non-trial subscription will renew either annually or monthly, depending on your applicable subscription plan. For example, if you start your annual subscription on March 31st, you will be billed on March 30th the following year. If you start your monthly subscription on March 31st, you will be billed on April 30th the following month. For some Kabaq products and services, your subscription will automatically be renewed at the end of the subscription term unless you turn off the auto-renew feature or cancel your subscription prior to the expiration date of your then-existing subscription. To cancel your subscription auto-renewal, please follow the instructions on the website of application. where you have a membership account or to the applicable third-party interface if you subscribed to Kabaq through a third-party. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS, IN WHOLE OR IN PART, FOR PARTIALLY USED PERIODS. Following any cancellation, your access to the Subscription-based Features will continue only for the remainder of your applicable non-trial subscription term.

 

1.3 CANCELLATION

You may cancel your subscription at any time. However, PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS, IN WHOLE OR IN PART, FOR PARTIALLY USED PERIODS. Following any cancellation, your access to the Subscription-based Features will continue only for the remainder of your applicable non-trial subscription term. At Kabaq‚   sole discretion, we may provide a discount or other accommodation to some or all of our Paid Subscribers at any time and for any reason. Our offering of a discount or other accommodation in one instance does not entitle you to, or obligate us to provide, the same treatment in the future for similar instances.

If you pay for a subscription through a third-party service (such as through the iTunes App Store, for example), you may need to access your account through that applicable third-party interface to cancel your subscription to or turn off auto-renew for the Kabaq Services. The billing information related to your non-trial subscription may also be accessible via your account with the applicable third party.

 

 

 

1.4 TRIAL PERIODS

We know that sometimes you need a little time to try out the services before wanting to commit. In order to allow customers an opportunity to ‚ sample‚ our products and services, occasionally we may offer trial periods during which you will have the ability to cancel your subscription within a stated period of time and receive a full refund. If you do not cancel during the trial period, your trial subscription will automatically be converted to a non-trial subscription upon expiration of the trial period. If you cancel after the trial period has ended, NO REFUND will be given, whether in whole or in part, and your access to the Subscription-based Features will continue only for the remainder of the non-trial subscription term. To cancel your trial subscription, please go to the ‚ My Account‚ section of the Kabaq Sites where you have a membership account or to the applicable third-party interface if you subscribed to Kabaq through a third-party.

 

1.5 PUPOSFULLY LEFT BLANK

 

1.6 KABAQ‚   RIGHT TO TERMINATE

We hope that it never has to reach this point, but if necessary, Kabaq, LLC reserves the right to terminate your account and/or subscription at any time for any breach or violation by you of the Kabaq Terms of Service. In the event of such termination, you will not be entitled to any refund of any unused portion of the subscription fee previously paid by you.

 

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2.1 PURPOSEFULLY LEFT BLANK

 

 

2.2 PAY-PER-DOWNLOAD MATERIAL

With respect to any a la carte virtual good or pay-per-download material that you purchase on or through the Kabaq Sites, you acknowledge and agree that, upon making such material available to you (or to your intended authorized recipients) for download, Kabaq will have fully satisfied its obligation to deliver or otherwise provide such material, regardless of your or your recipients‚   failure or inability to view, play, use, or store such material. All purchases of a la carte virtual goods and pay-per-download material on or through the Kabaq Sites are final, non-cancelable, and non-refundable, and no such material is returnable or exchangeable (except as expressly otherwise provided in these Terms of Sale or as otherwise determined by Kabaq in its sole discretion). For the avoidance of doubt, a la carte virtual goods and pay-per-download material is provided for your personal, non-commercial use only and remains the exclusive property of Kabaq

 

 

3. PURPOSEFULLY LEFT BLANK

 

4. GENERAL PROVISIONS

4.1 PURCHASE QUALIFICATIONS; ACCOUNT SECURITY

To make any purchase on or through the Kabaq Sites (including, without limitation, purchase of subscriptions, a la carte virtual goods, physical goods, gift subscriptions, and/or pay-per-download material, you must be a Registered Member (as defined in the Kabaq Terms of Service) and comply with these Terms of Sale (including the Kabaq Terms of Service). You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. Kabaq sells its products and services only to those who can legally make purchases with a credit card/debit card. If you are under 18 years of age (but not younger than 13), you may make purchases on or through the Kabaq Sites only with the consent and supervision of a parent or guardian. No one under 13 is allowed to make any purchase on any of the Kabaq Sites or Kabaq Services. Kabaq reserves the right to refuse or cancel any customer order or terminate any customer account with Kabaq, at any time in its sole discretion (except as prohibited by law).

 

4.2 PAYMENT METHOD AND TERMS

We may accept credit cards and certain debit cards as forms of payment. By submitting an order on or through the Kabaq Sites, you authorize Kabaq, or its designated payment processor, to charge the purchase amount (and in the event of a subscription renewal, you authorize Kabaq, or its designated payment processor, to automatically charge the renewal amount) to the credit card/debit card account you specified. No purchase will become effective unless and until your payment has been accepted and processed.

Kabaq also accepts payment through various third-party services (such as iTunes). In those cases, the terms of sale applicable to those third-party services will govern the processing of your payment.

 

Kabaq may have certain products or services that can be purchased through your mobile service (Premium SMS billing). You will find these charges on your mobile bill. Please keep in mind that you are responsible for any device connection charges you may incur when you use our services. If while using our application you use your cellular network (rather than Wi-Fi), you may be charged standard data rates. International data roaming charges may apply when using our application when traveling outside your home country. We recommend speaking about data roaming charges with your cellular carrier before using our application abroad. If you purchase a Kabaq product or service through texting messaging/SMS or use our sharing feature via mobile, then standard texting messaging rates/fees may apply. These purchases are non-refundable and final. Kabaq will not refund any purchase(s) made via an SMS charge in the event of technical incapability or non-functionality of the message.

 

Kabaq reserves the right to report, investigate, and prosecute to the fullest extent required or permitted under applicable law, any fraudulent, unauthorized, or otherwise unlawful use of any credit card or debit card by any person on or through the Kabaq Sites.

 

 

4.3 TAXES

You are responsible for any and all applicable sales, use and other taxes, duties, and governmental fees and charges payable in connection with your purchase made on or through the Kabaq Sites. If you do not pay such taxes or fees on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and Kabaq reserves the right to collect or withhold such taxes or fees from you at any time.

 

4.4 PRODUCT AND SERVICE AVAILABILITY; ERRORS

Kabaq may revise, discontinue, or modify products or services offered on or through the Kabaq Sites, at any time without prior notice to you, if a product or service offered by you is or becomes unavailable, Kabaq may decline or cancel your order (and issue you a refund if you have paid for the order), with no further liability or obligation to you. If a product or service offered by you is or becomes unavailable, Kabaq may, in its sole discretion, offer to substitute your order with another product or service of equal or greater value and will make such substitution only with your written or recorded consent.

While we strive to eliminate errors on the Kabaq Sites, we do not warrant that all products, services, information, and content offered on the Kabaq Sites will be accurate, complete, reliable, current, or error-free. Unless expressly otherwise noted, all products, services, information, and content offered on the Kabaq Sites are provided ‚ as is‚ without warranty of any kind. In the event of an error by Kabaq in processing or delivering your order, Kabaq may, at its election: (i) correct such error and revise your order accordingly if necessary (including charging the correct price and billing you for any undercharged amount or refunding to you any overcharged amount, as the case may be); or (ii) cancel your order affected by the error and issue a refund of the purchase amount actually paid by you for such order. By placing an order on or through the Kabaq Sites, you acknowledge and agree that, in the event of an error by Kabaq in processing or delivering your order, your sole remedy is to cancel your order and return the physical goods delivered (if any) for a refund of the purchase amount actually paid by you, all subject to Kabaq‚   cancellation, return and refund policies set forth in these Terms of Sale.

 

4.5 PRIVACY

We care about the privacy of our customers. Please (click here) to view the Kabaq Privacy Policy.

 

4.6 DISCLAIMERS

ANY WARRANTY ON PRODUCTS OR SERVICES PURCHASED THROUGH ANY OF THE KABAQ SITES ARE PROVIDED BY THE ORIGINAL MANUFACTURER ONLY AND NOT BY KABAQ. KABAQ ITSELF MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON ANY OF THE KABAQ SITES.

ALL PRODUCTS AND SERVICES ON THE KABAQ SITES ARE PROVIDED OR SOLD "AS-IS" AND KABAQ DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. KABAQ CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF PRODUCTS OR SERVICES. KABAQ DOES NOT REPRESENT OR WARRANT THAT PRODUCTS, SERVICES, OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR THAT PRODUCTS OR SERVICES THAT ARE DOWNLOADED FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.

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 Kabaq.

 

4.7 LIMITATION ON LIABILITY

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL KABAQ OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOST PROFITS OR LOST DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES THAT MAY ARISE FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES ON THE KABAQ SITES, EVEN IF KABAQ IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, KABAQ'S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO KABAQ FOR THE PURCHASE OR USE OF ANY PRODUCT OR SERVICE ON THE KABAQ SITES, BUT IN NO CASE WILL KABAQ'S TOTAL LIABILITY TO YOU EXCEED $200.00.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

4.8 GOVERNING LAW; VENUE AND JURISDICTION

You agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern your use and purchase of products and services and these Terms of Sale, and any dispute of any sort that might arise between you and Kabaq or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in the Southern District of New York, NY, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in the Southern District of New York, NY.

 

4.9 ARBITRATION

YOU AND KABAQ AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF SALE OR THE SALE OF ANY PRODUCT OR SERVICE BY KABAQ SHALL BE FINAL AND BINDING ARBITRATION, except that, to the extent that either party has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, such other party may seek injunctive or other appropriate relief.

 

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the ‚  AAA‚ ) under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes (the ‚  AAA Consumer Rules‚ ) (collectively the ‚  AAA Rules‚ ). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

 

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF SALE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE OR ANY KABAQ PRODUCTS OR SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action, or proceeding by you related in any way to any products or services purchased by you on or through any of the Kabaq Sites be instituted more than one (1) year after the cause of action arose.

 

4.10 INDEMNITY

You agree to indemnify and hold Kabaq, 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 your purchase or use of any products or services offered on any of the Kabaq Sites, or any violation of these Terms of Sale or of any law or the rights of any third party.

 

4.11 MISCELLANEOUS

These Terms of Sale, together with the Kabaq Terms of Service, the Kabaq Privacy Policy, and the Legal Notices, constitute the entire agreement between you and Kabaq regarding your purchase and use of Kabaq‚   goods and services offered on the Kabaq Sites (including, without limitation, the Kabaq Premium Content Services), superseding any prior agreements between you and Kabaq relating to such purchase and use. The failure of Kabaq to exercise or enforce any right or provision of these Terms of Sale shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Sale shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Sale and shall not affect the validity and enforceability of any remaining provisions. In the event of a conflict between these Terms of Sale and the Kabaq Terms of Service, these Terms of Sale shall be controlling.

Questions

For customer support, please send an email to support@Kabaq.com

 

Privacy Policy

The following Privacy Policy applies to your use of all websites, mobile applications, and other products and services owned, controlled, operated or hosted (whether now or in the future) by Kabaq 3D Technologies, LLC,  and/or its corporate affiliates, (collectively the ‚  Kabaq Sites‚ ).

 

Last Updated: September 3, 2018

 

This Privacy Policy sets forth certain terms and conditions of the legal contract between you and Kabaq 3D Technologies, LLC with respect to your use of the Kabaq Sites and Kabaq Services, whether you are a Visitor, Registered Member or Paid Subscriber. The other integral parts of this agreement are the Kabaq Terms of Service (click here), the Kabaq Terms of Sale (click here) and the Legal Notices (click here). All capitalized terms used herein that are not otherwise defined in this Privacy Policy shall be as defined in the Kabaq Terms of Service (click here).

 

At Kabaq 3D Technologies, LLC we respect your right to privacy and we understand that you need to control the uses of your personal information. This Privacy Policy details below the measures taken by Kabaq, LLC to protect your privacy in connection with your use of the Kabaq Sites. However, you understand that the Kabaq Sites and Kabaq Services allow, among other things, users to post personal content for public review and comment, both in public forums and with private messaging. Accordingly, by submitting personal content for public posting on any of the Kabaq Sites or through any of the Kabaq Services, you hereby waive any and all privacy expectations (including the privacy expectations of any other individual who appears in your submitted content) with respect to Kabaq‚   use of such content. If you do not wish to have personal content viewable by others, you should not submit content for public posting on the Kabaq Sites and Kabaq Services.

 

Kabaq allows Registered Members and Paid Subscribers to set up unique personal profiles either directly with Kabaq or via third-party sign-on services (e.g., Facebook Connect). To enrich user experience, we request and display some personal information to others so as to allow our users to identify each other. Registered Members and Paid Subscribers can change their profile information at any time and can control how the service communicates with them.

By submitting personal information on any of the Kabaq Sites or through any of the Kabaq Services, you affirmatively consent to this Privacy Policy and agree to have such personal information (to the extent disclosed by you either directly to Kabaq or via third-party sign on services) collected by Kabaq (or its agents or contractors) and transferred to and processed in the United States.

 

Your California Privacy Rights

Effective January 1, 2005, California Civil Code Section 1798.83 (known as the ‚  Shine the Light‚  law) provides that, if an individual who is a California resident has provided his/her personal information to a business in connection with a business relationship that is primarily for personal, family, or household purposes, and if that business has within the immediately preceding calendar year disclosed such individual‚   personal information to a third party and knows or should have known that such third party used the information for its own direct marketing purposes, then that business is obligated to disclose in writing to such individual upon request, what personal information was shared and with whom the information was shared. A business may comply with this law by: (1) having EITHER a published privacy policy of not sharing a customer‚   personal information for third-party direct marketing use unless the customer has first affirmatively opted in to such sharing OR a published privacy policy of not sharing a customer‚   personal information for third-party direct marketing use if the customer has opted out to prevent his/her personal information from being shared for third-party direct marketing use; AND (2) notifying the customer of his/her right to opt out and providing a cost-free means for the customer to exercise that right.

 

California residents may request an information-sharing disclosure from us by emailing your request to support@Kabaq.com or writing to us at The Glimpse Group, Inc., Attn: Maydan Rothblum, 800 Third Avenue, Suite 1701, New York NY 10022. Please note that, under the law, we are not required to respond to your request more than once in a calendar year, nor are we required to respond to any requests that are not sent to the above-designated email or mailing address.

 

Do Not Track Disclosure: The Kabaq Sites do not currently respond to ‚ Do Not Track‚ signals of Web browsers. However, should the industry establish uniform technological standards for recognizing and interpreting ‚ Do Not Track‚ signals, the Kabaq Sites would be open to following such industry standards.

 

Information Collection and Use

One of our many goals at Kabaq is to provide you with the best possible experience on our sites and applications. Through the information that we collect from you, we are able to deliver one of a kind user experience. Kabaq collects user submitted information including but not limited to name, email address, and age to authenticate users and to send notifications to those users relating to the Kabaq Sites and Kabaq Services. Kabaq may also collect other data either directly or via third-party sign-on services (e.g., Facebook Connect), including but not limited to: personal interests, gender, age, education, and occupation, in order to enrich the user experience.

 

Kabaq also logs non-personally-identifiable information such as IP address, aggregate user data, and browser type, from users and visitors to the site. This data is used to manage the website, track usage and improve the website services. This non-personally-identifiable information may be shared with third-parties to provide more relevant services and advertisements to users. User IP addresses may be recorded for security and monitoring purposes.

User account information, including pictures and usernames, may also be collected and displayed in order to enrich the user experience and facilitate user interaction on the Kabaq Sites and in email communications. Email addresses are primarily used for the purpose of sending notifications related to the service. With the exception of notifying friends about content the user has created, a user's email address is not shared or publicly displayed on the Kabaq Sites or within the Kabaq service. Users' full names, to the extent collected and stored, are never directly revealed to other users, unless authorized by the user.

 

We use the email address you provide upon registration to communicate with you regarding your account, your purchases and/or other transactions with Kabaq, changes in our Terms of Service, Terms of Sale, and/or Privacy Policy, and other matters relating to your account with Kabaq. It also enables us to send you announcement emails about our new content, features, services, products, promotions, etc. You may opt out of receiving announcement emails from us at any time by following the opt-out link contained in an announcement email you previously received or by logging into the "My Account" section of the Kabaq Site(s) where you have an account and changing your email preferences in the account settings.

 

From time to time, Kabaq and one or more of its partners may co-sponsor a promotion, sweepstake or contest or may offer a co-branded product or service on the Kabaq Sites (each, a "Joint Offering"). Users may be asked to provide personal information such as name, email address, home address, etc. or to answer questions in order to participate in a Joint Offering, which personal information may be shared by Kabaq with its partners involved in such Joint Offering, and such partners may use the information for its own advertising and marketing purposes. Also, we may transfer personal information to certain ad partners that you have explicitly requested to receive information from. It will be clear at the point of collection who is collecting the personal information and whose privacy statement will apply. All in all, we urge you to think carefully before disclosing any personal information or User Content with Kabaq that you deem private and to take the necessary measures to keep your information secure.

 

Use of Cookies & Similar Tracking Technologies

We may utilize technologies (such as ‚ cookies‚) to help us collect usage data and store member preferences. A ‚ cookie‚ is a small amount of data that is sent to your browser from an Internet server and stored in your computer. Kabaq uses cookies (including Flash cookies) to store user preferences, account status, traffic origination, and to record session information, for purposes including ensuring that users are not repeatedly offered the same advertisements and to customize newsletter, advertising, and Web page content based on browser type and user profile information. You may be able to configure your browser to accept or reject all or some cookies (other than Flash cookies), or notify you when a cookie (other than a Flash cookie) is set - each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences - however, you must enable cookies from Kabaq in order to use most functions on the Kabaq Sites. For more information about Flash cookies and how to remove them from your computer, please see the paragraph below entitled "SPECIAL NOTE - Flash Cookies."

 

Kabaq may implement several Google Analytics features that support Display Advertising. You may opt out of Google Analytics for Display Advertising and customize Google Display Network ads using the Ads Settings or by installing the Google Analytics opt-out browser add-on.

Kabaq utilizes ‚ remarketing with Google Analytics‚ to advertise online. In addition, third-party vendors, such as Google, show these ads on sites across the Internet and Kabaq and third-party vendors use both first-party and third-party cookies to inform, optimize, and serve ads based on user visits to the Kabaq site. Kabaq also utilizes ‚ Google Display Network Impression Reporting, which uses both first-party and third-party cookies to report how ad impressions, uses of ad services, and interactions with the ad impressions and ad services are related to user visits to the Kabaq sites. Kabaq also utilizes ‚ Demographics and Interest Reporting‚ , which collects data based on user demographics and interests, including but not limited to: age, gender, affinity category behavior, and other category behavior. Data collected from the Google Analytics Demographics and Interest Reporting function is used in order to enrich the user experience and provide more relevant services and advertisements to users.

Some Kabaq products may utilize MobileAppTracking‚ĄĘ, a HasOffers Analytics tracking service which collects non-personally identifiable user data including but not limited to: platform, timestamp, locale, time zone, page views, and IP address. Kabaq uses this service to collect and compare information about the user base and user visits. You are free to opt out of this data collection service by going to HasOffers Analytics‚   End User Opt-Out page athttps://www.optoutmobile.com/optout

 

In addition, Kabaq may use so-called ‚  pixel tags,‚    web beacons,‚    web bugs,‚    clear GIFs,‚  etc. (collectively ‚  Web Beacons‚ ) to collect information about your visits to the Kabaq Sites. These are small electronic images embedded in web content (including online ads) and email messages and are ordinarily not visible to users. Like cookies, Web Beacons enable us to track pages and content (including ads) accessed and viewed by users on the Kabaq Sites. Also, when we send HTML-formatted (as opposed to plain text) emails to our users, Web Beacons may be embedded in such emails to allow us to monitor readership levels so that we can identify aggregate trends and individual usage to provide our users with more relevant content or offers. Web beacons in emails may recognize activities such as when an email was opened, how many times an email was forwarded, which links in the email were clicked on, etc. Web Beacons cannot be declined when delivered via a regular web page. However, Web Beacons can be refused when delivered via email. If you do not wish to receive our Web Beacons via email, you will need to disable HTML images or refuse HTML (select Text only) emails via your email software.

 

Please note that Kabaq may allow thirty-party advertisers (including those that are serving their own ads on the Kabaq Sites, as well as those so-called ‚ network advertisers‚  or ‚  ad networks‚  who are serving and managing ads for others) to set and use their own cookies (including Flash cookies) and/or Web Beacons on your computer when you visit the Kabaq Sites. These cookies and Web Beacons allow third-party advertisers to recognize your computer each time they send you an online advertisement and to compile information about where you, or others who are using your computer, saw their advertisements and determine which ads are clicked on. The information so compiled allows third-party advertisers to deliver targeted advertisements that they believe will be of most interest to you. Note, however, that we do not show these types of advertisements to our children users or track children users for targeted advertising purposes.

 

Use of cookies (including Flash cookies) and Web Beacons by third-party advertisers is governed by the privacy policies of those advertisers - not the Kabaq Privacy Policy. Please note that Kabaq has no control over what information is collected by third-party advertisers or how they may use the information. The privacy policies and data practices of such third-party advertisers may significantly differ from those of Kabaq, and Kabaq makes no representation or warranty whatsoever about third-party advertisers‚   data policies and practices. We recommend that you read the privacy policies for the other third-party advertisers if you have any concerns about their use of your personal information or data collection on you. For more information regarding the data practices of some of these third-party advertisers and how to opt out of their use of your information, please visit: http://www.networkadvertising.org/choices/#completed

 

The Kabaq Sites may contain links to and/or enables certain third-party Internet functionalities to enhance your online experience, including, without limitation, social plug-ins, tools and APIs. Prior to using any third-party functionalities (e.g., Facebook Connect) on the Kabaq Sites, you should consult the privacy notices of the third-party providers of such functionalities (e.g., Facebook). Once again, we have no control over what information is collected by such third parties, or how they may use the information. The privacy policies and data practices of such third parties may significantly differ from ours, and we make no representation or warranty whatsoever about their data policies and practices. Your communications and interactions with such third parties are solely between you and them, and are at your own risk.

 

SPECIAL NOTE - Flash Cookies:

Flash cookies (also known as ‚ local shared objects‚ or ‚  LSOs‚ ) cannot be rejected, disabled, turned off, opted out, or deleted in the same way as regular cookies such as HTML cookies. Flash cookies may remain on your computer even after you have rejected, disabled, opted out or deleted regular cookies. For information on how to manage and remove Flash cookies, please visit: http://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html

      ‚ http://epic.org/privacy/cookies/flash.html

      ‚ http://www.aboutcookies.org/Default.aspx?page=2

      ‚http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html

Please note that, in addition to Kabaq‚   Flash cookies, third-party advertisers may set and use their own Flash cookies for user tracking purposes when serving and managing ads on the Kabaq Sites.

 

Invitations and Other Communications to Non-users

Kabaq users might be able to send content to friends via our system or invite friends to join the service  via third-party single sign-on services (e.g., Facebook Connect). Kabaq may store the email addresses that users provide so that Kabaq can send notifications authorized by users and related reminders to such email addresses. Kabaq does not sell these email addresses or use them to send any other communication besides those initiated by users and invitation reminders initiated by Kabaq (one (1) per email address). Recipients of emails from Kabaq may contact Kabaq to request the removal of their information from our database by clicking on the "Opt-Out" Link at the bottom of our emails.

 

You may prevent Kabaq messages from being sent to any email address you control by sending an email request to support@Kabaq.io or by visiting and adjusting your email preferences in My Account. Please note that the email must come from the account you wish to block.

 

Service Providers

We rely on certain third-party services for the operation of the Kabaq Sites, such as credit card payment processing, order processing, fulfillment and shipment, data storage and security, etc. The security of your personal information is important to us. Please keep in mind that, to the extent a third-party service provider needs to access your information in order to perform services to us, we share your information with that provider. However, we do require that any third-party service providers limit their use of your information solely to providing services to us and that they maintain the confidentiality, security, and integrity of your information and not make unauthorized use or disclosure of the information.

 

For example, if you purchase a product from the Kabaq online store, we use a third-party vendor to pack and ship your order. Our fulfillment vendor will be given access to your full name and shipping address solely for the purpose of shipping your order. We require our fulfillment vendor not to retain, share, store or use your information for any other purpose.

 

Third-Party Sites

 

The Kabaq Sites may contain links to third-party sites. Unless expressly otherwise stated by Kabaq, Kabaq is not responsible for the privacy policies and/or practices of linked third-party sites. When you leave a Kabaq Site and go to a third-party site, our Privacy Policy will no longer apply, and any information collected from or about you on the third-party site will be governed by the privacy policy of that third party. Third-party sites‚   privacy policies and data practices may be substantially different from those of Kabaq. They may send their own cookies, web beacons, etc. to your computer or mobile device and may collect data about you and make use of the data in ways that we would not. You access such third-party sites entirely at your own risk. You should always read the privacy policy of a third-party site and use caution before disclosing any personal information on that site.

 

For example, when you purchase Kabaq Services or products from a third-party app store (e.g., Apple/iTunes), your purchase is with the third-party app store and not with Kabaq, and accordingly, any personal information you submit to the third-party app store in connection with the purchase is subject to and governed by the privacy policy of the third-party app store and not Kabaq

 

Public Communication

Please be aware that whenever you voluntarily post information on the Kabaq Sites that that information can be accessed by the public and can in turn be used by those people to send you unsolicited communications. We are not responsible for the personally identifiable information you choose to submit in these forums. We do not currently make available public forums to our children users.

 

Correcting/Updating or Removing Information

Kabaq users may modify or remove any of their personal information at any time by logging into their account and accessing the ‚ My Account‚ section. To receive notifications on updates or changes to the Kabaq Sites or Kabaq Services, we ask that you keep your account updated with most relevant personal information (i.e. current email address).

Email Choice/Opt-out

Registered Members and Paid Subscribers may choose to no longer receive updates or notifications by managing their email preferences in the ‚ My Account‚ section of any of the Kabaq Sites. All notification emails and Kabaq newsletters include instructions for opting-out of those communications in the future.

 

Security

We at Kabaq want to provide you with the best and most secure customer experience possible. Kabaq user accounts are secured by user-created passwords and, in some cases, third-party sign-on services (e.g., Facebook Connect). Kabaq takes precautions to ensure that user account information is kept private. We use commercially reasonable measures to protect user information that is stored within our database, and we restrict access to user information to those employees who need access to perform their job functions, such as our customer service personnel and technical staff. However, we do not guarantee that these efforts will completely protect user account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time. We will endeavor to notify users in the event that the security of their personal information is breached or compromised. By submitting personal information on any of the Kabaq Sites, you expressly consent to receiving our notification regarding any breach or compromise, or suspected breach or compromise, of the security of your personal information, by email or postal mail, as we deem appropriate, and as required by law. For any additional information about the security measures we use on Kabaq, please contact us at support@Kabaq.com.

 

We urge you to keep your username, password, and other account access information in a safe place and not to divulge it to anyone. Also, remember to sign off your account and close your browser window when you have finished your visit to a Kabaq Site. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place such as a library or an internet cafe.

 

Sharing and Disclosure of Information Kabaq Collects

Except as otherwise described in this privacy statement, Kabaq will not disclose personal information to any third party unless we believe that disclosure is necessary: (1) to comply with applicable law or to respond to a subpoena, court order, search warrant or other legal process received by Kabaq, whether or not a response is required by applicable law; (2) to protect or enforce our rights or the rights of a third party; (3) to protect the safety of members of the public and our users; or (4) to respond to an emergency. Kabaq reserves the right to transfer personal information to a successor in interest that acquires rights to that information as a result of a sale of Kabaq or substantially all of Kabaq‚   assets to that successor in interest or of a merger between Kabaq and such successor in interest. Kabaq also reserves the right to disclose personal information as necessary to enable third-party service providers to support and maintain the operation of the Kabaq Sites and Kabaq‚   services. You will be notified via e-mail of any such change in ownership or control of your personal information. For more information see the "Changes in Our Privacy Policy" section below.

 

Children‚   Privacy

Kabaq is committed to protecting the privacy needs of children and we encourage parents and guardians to take an active role in their children‚   online activities and interests. The Kabaq Sites and Kabaq Service are not intended for use by children under the age of 13 without parental supervision. Kabaq does not knowingly collect personal information from children under the age of 13. Users must be 13 or older to be eligible to register on the Kabaq Sites.

If you wish to review or delete any profile information that you have provided us regarding a child, or ask that we stop using such information, you may do so at any time through the settings area of your account or by contacting us using the information below. For more information about keeping your child‚   privacy safe, please visit http://www.onguardonline.gov/articles/0031-protecting-your-childs-privacy-online.

 

Changes in Our Privacy Policy

This Privacy Policy is subject to change by Kabaq from time to time. If we make material changes (including material changes in the way we use or share user personal information, such as using information for purposes materially different from those disclosed in this Privacy Policy), we will post the changes on the Kabaq Site(s) affected by such changes and notify Registered Members and Paid Subscribers via email. Also, we may ask Registered Members and Paid Subscribers to review and consent to the changes at the time of their next account log-in. By continuing to use the Kabaq Site(s) affected by such changes after such notice and consent, you agree to be bound by the changes to this Privacy Policy. Please check our Privacy Policy regularly for updates to our policies and practices.

 

Contacting the Web Site

If you have any questions about this Privacy Policy, the data practices of any of the Kabaq Sites, or your dealings with any of the Kabaq Sites, please contact us via email at support@Kabaq.io, or via mail to The Glimpse Group, Inc., Attn: Maydan Rothblum, 70 W 40th st, 16th floor, New York NY 10018.

 

 

Legal Notices

The following Legal Notices apply to your use of all websites, mobile applications, and other products and services owned, controlled, operated or hosted (whether now or in the future) by Kabaq 3D Technologies, LLC,  and/or its corporate affiliates, (collectively the ‚  Kabaq Sites‚ ).

 

Copyright & Trademark Notice

Product names, logos, designs, titles, words or phrases used on any Kabaq Sites products or services are owned by Kabaq 3D Technologies, LLC, its licensors, or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally.

 

Software

Any software made available to you via download on any of the Kabaq Sites is copyrighted by Kabaq 3D Technologies, LLC and/or our suppliers. Use of the software is governed by the Terms of Use for this site and the end-user license agreement, if any, provided in connection with the software.

 

Government Users

Any use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013(c)(1)(ii) and FAR 52.227-19.

 

Notice and Procedure For Making Claims of Copyright Infringement

  Kabaq Content‚  means any and all Content (excluding User Materials) made available on the Kabaq Sites and/or through the Kabaq Services, including Content owned or controlled by Kabaq and/or its corporate affiliates, as well as Content licensed or otherwise provided to Kabaq by third parties for use, deployment, display, performance and/or distribution via the Kabaq Sites.

"User Materials" means Content which Users upload, submit, distribute or otherwise make available via the Kabaq Sites and/or through the Kabaq Services, but excluding any and all Kabaq Content.

Kabaq 3D Technologies, LLC respects the intellectual property rights of others and expects all Users to do the same. For claims of copyright infringement relating to Kabaq Content and/or User Materials, Kabaq 3D Technologies, LLC will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2).

Pursuant to the requirements of the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(3), written notification of claimed copyright infringement must be submitted via U.S. registered mail to our Designated Agent as follows:

Copyright Complaints ‚ The Glimpse Group, Inc., Attn: Maydan Rothblum, 70 W 40th st, 16th floor, New York NY 10018

 

To be effective, the Notification must include the following:

           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;

           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.

Counter-Notification to Claimed Copyright Infringement

Pursuant to Sections 512(g)(2) and (3) of the DMCA, if a claim of copyright infringement has been asserted against you, you may elect to make a counter-notification with the Designated Agent identified above. Such counter-notification must contain the following information:

           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 by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and

           Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the federal district in which you are located (or Los Angeles County, State of California, if you reside outside of the U.S.), and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.

If Kabaq 3D Technologies, LLC receives a valid counter-notification, it may reinstate the removed or disabled material in accordance with Section 512(g)(2) of the DMCA.

Liability for Misrepresentation under the DMCA

Please note that, under Section 512(f) of the DMCA, any person who knowingly materially misrepresents

           that material or activity is infringing, or

           that material or activity was removed or disabled by mistake or misidentification

will be liable for damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner‚   authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

Accordingly, if you are not sure whether certain material or activity infringes your or others‚   copyrights, please consult with a copyright attorney first.

 

Repeat Infringers

For any Users who Kabaq 3D Technologies, LLC determines, in its sole discretion, are repeat infringers of third-party intellectual property rights, Kabaq 3D Technologies, LLC will terminate their accounts and/or memberships, as the case may be, and prohibit them from creating new accounts with Kabaq 3D Technologies, LLC.