Acceptance of Terms
All rights, titles, and interests in and to the Content belong to Kocomo USA Inc or are used with permission, and are protected by applicable laws. You acknowledge that all Content posted on, transmitted through, or otherwise made available through the Service is the sole responsibility of the person from whom such Content originated. Specifically, you are entirely responsible for each individual item ("Item") of Content that you post or make available via the Service. Kocomo USA Inc does not control, and is not responsible for, Content made available through the Service. While using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Kocomo USA Inc does not guarantee the confidentiality of your privacy when engaging in contact with others through the Kocomo USA Inc site.
Third-party Content, Sites, and Services
Our site and Content available through the Service may contain features and functionalities that may link you to or provide you with access to third-party content (e.g., other websites) that is entirely independent of Kocomo USA Inc.
Your interactions with physical or legal persons that you have met through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such physical or legal persons. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. We recommend you be cautious when interacting with other physical or legal persons.
You agree that Kocomo USA Inc shall not be responsible or liable for any loss or damage of any kind whatsoever incurred as the result of any such dealings. In the event that you have a dispute with one or more other users, you hereby explicitly and irrevocably release Kocomo USA Inc from any and all claims and damages arising out of or in any way connected with such disputes and the Service.
If, for any reason, you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have been violated, please notify Kocomo USA Inc's customer service. In such cases, please provide our customer service with sufficient detail for Kocomo USA Inc to identify the material that you claim is infringing and a description of the infringement. Please also provide your contact information.
YOU OWN ALL OF YOUR USER CONTENT, INCLUDING ANY PHOTOS THAT YOU UPLOAD TO THE SITE.
At a High Level: The Service allows you to upload and post your Photos, as well as written text, images, web links, location information, and other content (“User Content”). Any User Content that you make available on the Service will belong to you or your licensors. We will not claim any ownership in your User Content–it is completely, 100%, yours.
Limited License to Us: You grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to host, store, transfer, display, adapt, perform, reproduce, modify, translate, and distribute your User Content (in whole or in part) in any media formats and through any media channels (now known or hereafter developed). You understand that we will not pay you for any use of your Photos and that your Photos will be made available to the public for their use without providing you attribution or compensation.
Authority: When you upload Photos to the Service, in addition to the license that you grant us to post the Photos publicly and permit other users to download and use them, you also authorize us under your copyrights to enforce any violations of the sublicenses we grant in the Photos to others. In other words, if a user misuses one of your Photos downloaded from the Service, you authorize us to enforce your copyrights in the Photos on your behalf. If you are interested in learning more about this, please see our FAQs.
Representations and Warranties: You are solely responsible for your User Content and any consequences that occur because you’ve uploaded or posted the User Content on the Service. Each time you upload or post publish User Content, you represent and warrant to us that: You are the creator and owner of the User Content or have all necessary rights from other people or companies to use and permit other users to use your User Content on the Service as envisioned in this Section 6; and Your User Content (including as used by you, us, or other users of the Service) does not and will not infringe or misappropriate any third-party right, including copyright and other intellectual property rights, privacy rights, rights of publicity, or moral rights, or slander, defame, or libel anyone. In other words, your User Content must be your original work, and you must have the permission of any third parties that have rights in the User Content before you upload or post the User Content to the Service.
Disclaimer: There is no reasonable way for us to monitor all of the User Content that gets uploaded to or posted on the Service, and we are under no obligation to you or the other users to monitor, edit, or control the User Content that you and other users upload or post to the Service. This means that we are not responsible for any User Content on the Service, and you agree not to make any claims against us on account of User Content. That said, we may at any time remove, edit, screen, or block any User Content from the Service (without notifying you first) for any reason, including if we think the User Content violates these Terms or is otherwise objectionable. When you use the Service, you will be exposed to the User Content of other users, some of which may be offensive, inaccurate, or indecent. We may investigate claims alleging that User Content violates these Terms, and, in those cases, we alone will decide what actions to take (if any) regarding the User Content in question.
Abusing Kocomo USA Inc
In order for Kocomo USA Inc to work as a functioning and tasteful environment, there are certain limitations regarding what you may post on the website. Hence, you agree not to post, email, upload, transmit, or otherwise handle or make available Content:
- That is unlawful, harmful, threatening, abusive, harassing, invasive of another's privacy, or is harmful to minors in any way;
- That is pornographic or depicts a human being engaged in actual sexual conduct or other sexual behavior;
- That harasses, degrades, intimidates, or is hateful toward an individual or group on the basis of political orientation, religion, gender, sexual orientation, race, ethnicity, age, or disability;
- That impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity;
- That includes personal or identifying information about another person without that person's explicit consent;
- That is false, deceptive, misleading, deceitful, or misinformative;
- That infringes any intellectual property rights of any party or Content that you do not have a right to make available under any legal or contractual relationship;
- That constitutes "affiliate marketing," "junk mail," "spam," "phishing attempts," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
- That advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by applicable law;
- That contains viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- That disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service or that otherwise negatively affects other users' ability to use the Service;
- That employs misleading email addresses, forged headers, or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service;
- That violates any agreements such as e.g. confidentiality agreements. Additionally, you agree not to:
- Engage in any conduct that limits any other person from using or enjoying the Service;
- Contact anyone who has asked not to be contacted or make unsolicited contact with anyone for any commercial purpose or otherwise stalk or harass anyone;
- Collect personal data about other users for commercial or unlawful purposes;
- Alter, delete, interfere with, or otherwise damage any portion of Kocomo USA Inc;
- Use automated means to download data from the Service, included use of unless expressly permitted by Kocomo USA Inc;
- Use "posting agents" i.e. third-party agents, services, or intermediaries that offer to post Items on behalf of others unless expressly approved by Kocomo USA Inc;
- Attempt to gain unauthorized access to Kocomo USA Inc's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Service or the Kocomo USA Inc website.
In general, you agree to refrain from any actions that:
Kocomo USA Inc grants you a limited, revocable, non-exclusive license to access the Service for your own personal use. This license does not include any collection, aggregation, copying, duplication, display, or derivative use of the Service nor any use of data gathering and extraction tools for any purpose unless expressly permitted by Kocomo USA Inc.
Limitations on Service
You acknowledge that Kocomo USA Inc may establish limits concerning use of the Service, such as including but not limited to limit the number of days that Content will be retained by the Service, limit the number and size of postings, limit the number and size of email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Kocomo USA Inc has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Kocomo USA Inc reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Kocomo USA Inc shall not be liable to you or anyone else for any modification, suspension, or discontinuance of the Service.
Termination of Service
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Service; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Kocomo USA Inc's Copyright Agent for notice of claims of copyright infringement can be reached as follows:
You agree that:
- Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. Kocomo USA Inc expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- Kocomo USA Inc makes no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the software will be corrected.
- Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
Limitation of Liability
You acknowledge that Kocomo USA Inc shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Kocomo USA Inc has been advised of the possibility of such damages), resulting from:
- The use or the inability to use the Service;
- The cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Service;
- Unauthorized access to or alteration of your transmissions or data;
- Statements or conduct of any third party on the Service;
- Any other matter relating to the Service.