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 Kabaqâ
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 userâ
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 userâ 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 Kabaqâ
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 Kabaqâ
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 individualâ 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 Kabaqâ 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
individualsâ 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
KabaqÕs 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 individualâ
personal contact information; (ix) promote an illegal or unauthorized
copy of another personâ
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 someoneâ 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 Kabaqâ 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 Kabaqâ and its Licensors/Suppliersâ 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 attorneyâ fees,
costs and expenses and court costs) arising out of or related to: (i) your use
of the Kabaq Sites and Kabaq Services; (ii) Kabaqâ 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. KABAQâ 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 Kabaqâ 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 JURISDICTIONâ 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 KABAQâ 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 KABAQâ
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
Departmentâ list of Specially
Designated Nationals or the U.S. Commerce Departmentâ 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 Kabaqâ 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. Kabaqâ failure to act with respect to a
breach by you or others does not waive Kabaqâ 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 âKabaq 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 â Subscription-based Featuresâ). 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 recipientsâ 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 Kabaqâ 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 â sampleâ 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 â My Accountâ 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 KABAQâ 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.
2. PURPOSEFULLY LEFT BLANK
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 recipientsâ 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 â as isâ 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 Kabaqâ 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
â AAAâ ) under its Commercial
Arbitration Rules and, in the case of consumer disputes, the AAA's
Supplementary Procedures for Consumer Related Disputes (the â AAA Consumer Rulesâ ) (collectively the
â AAA Rulesâ ). 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 Kabaqâ
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 â Kabaq Sitesâ ).
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 Kabaqâ 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 â Shine the Lightâ 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 individualâ 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
customerâ 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 customerâ 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 â Do Not Trackâ signals of Web
browsers. However, should the industry establish uniform technological
standards for recognizing and interpreting â Do Not Trackâ 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 â cookiesâ) to help us collect usage data and store member
preferences. A â cookieâ 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 â remarketing
with Google Analyticsâ 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 â 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 â Demographics and Interest Reportingâ
, 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 MobileAppTrackingâ„¢, 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
Analyticsâ End User Opt-Out
page athttps://www.optoutmobile.com/optout
In addition, Kabaq may use
so-called â pixel tags,â â
web beacons,â â web bugs,â â
clear GIFs,â etc.
(collectively â Web Beaconsâ ) 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 â network advertisersâ or â ad networksâ 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 advertisersâ 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
â local shared objectsâ or â LSOsâ
) 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
â http://epic.org/privacy/cookies/flash.html
â
http://www.aboutcookies.org/Default.aspx?page=2
âhttp://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html
Please note that, in
addition to Kabaqâ 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 sitesâ
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 â My Accountâ 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 â My Accountâ 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
Kabaqâ 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 Kabaqâ 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.
Childrenâ Privacy
Kabaq is committed to
protecting the privacy needs of children and we encourage parents and guardians
to take an active role in their childrenâ 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 childâ 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 â Kabaq Sitesâ ).
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
â Kabaq Contentâ 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 â 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:
â A
physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
â 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;
â 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;
â 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;
â 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;
â 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:
â Your
physical or electronic signature;
â 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;
â 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
â 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
â that
material or activity is infringing, or
â 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 ownerâ
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 othersâ 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.