Welcome to Kuhcoon.com, a property of Kuhcoon, LLC. These Terms of Service ("Agreement") are a legally binding contract between you and Kuhcoon, LLC which we require all users to agree to as a condition of using our website.
Throughout this Agreement, you may see the terms, "we," "our," "us," "Kuhcoon, LLC," and "Kuhcoon.com." Where appropriate, these terms refer to us, Kuhcoon, LLC.
Additionally, the terms "Kuhcoon.com," "Kuhcoon," "site," "website," and "service" refer to our website, Kuhcoon.com, and its associated services, as is appropriate.
"You" and "your" refer to you, the person entering into this Agreement with Kuhcoon, LLC.
2. Description of Service
Kuhcoon is an interactive social media education and management platform. We provide users with information on how to use social media, and tools to manage social media. We derive our revenue from a combination of user subscriptions for access to certain services provided by us, and collecting, analyzing, and selling public information received in the course of our business.
3. Basic Conditions of Use
In order for you to access and use our website, we require that you meet certain eligibility requirements. These include:
- Being thirteen years of age or older, in accordance with the Children's Online Privacy Protection Act (most social media websites won't let you have an account anyway if you're under this age).
- Enabling cookies in your browser. We require that cookies be enabled in order to save your preferences.
- Supplying us with your name and e-mail address.
- Agreeing to these terms.
Even if you meet these eligibility requirements, we reserve the sole right to deny you a subscription or cancel your account without cause or any notification to you.
4. Paid Accounts
We may choose to offer certain services only to those users who pay a fee in order to access them. We may elect to offer a variety of payment plans, whether they be a subscription, or a single fee. In any event, you agree that you will pay any invoice provided by us pursuant to these payment plans. Information about fees may be found on our website.
If you have chosen to pay for our service via a subscription, your payment method will be charged automatically at the end of the subscription period unless cancelled by you. This is known as recurring billing, meaning you will not be allowed to use the service for any given period if you have not paid for that period and thus you will be automatically charged for that billing period unless you have cancelled before the due date. All subscriptions are due on or before their due date or we have the right to cancel the service and terminate your account.
Should you fail to pay an invoice, execute a fraudulent chargeback, payment cancellation, or payment reversal, we may send the matter to a collections agency and report it to your credit bureau, as well as file an action in the appropriate court to recover the amounted owed to us. In the case of fraud, we will contact the law enforcement agency or agencies which have jurisdiction over you.
You must only use a payment method if you are the accountholder or are authorized by the accountholder.
We may change our subscription fees, and will provide you with sixty days' notice to the e-mail address on file with us when we do so. If you fail to cancel your subscription within this period, you agree that we may charge the new few. Please ensure that you have our domain, Kuhcoon.com, unblocked by your spam filter so that you may receive this as well as other notifications from us.
5. Refund Policy
We provide intangible goods. As such, it is physically impossible to "return" anything to us, and we cannot provide refunds. Therefore, you should ensure that you have software and hardware suitable for using our service before you make any purchases. The only occasion on which we will provide a refund is if we fail to provide our service to you, through a fault of our own.
6. Rules of Conduct
Once you have been cleared as eligible to join our service, and have created an account, we require that you agree to the following Rules of Conduct as a condition of our continuing to provide you with our service:
- You will not use any bots, scripts, or aggregators to fill out any forms or take content from our website.
- You will comply with all applicable statutes and regulations in force in the State of Pennsylvania, the United States of America, and any other area which has jurisdiction over your activities, including, but not limited to, the area in which you reside and/or access or service from, and the area which you target any of your social media communications to.
- You will not infringe on anyone's intellectual property rights.
- You will not defame anyone. Note, however, that we are not liable for defamation posted by third parties, in accordance with Section 230 of the Communications Decency Act.
- You will not use another person's account, nor will you allow another person to use your account.
- You will not create multiple accounts.
- You will not create an account if we have suspended, banned, or otherwise disabled you from accessing our service.
- You will not reproduce, reverse engineer, copy, disassemble, distribute, transmit, or otherwise create, analyze, or disseminate any derivative works of any offers, services or incentives offered, obtained, or provided by Kuhcoon.com.
- You will provide accurate information whenever filling out forms, surveys, or other requests.
- You will not hack, crack, phish, upload any viruses, SQL inject, or otherwise interfere with the safety, security, or integrity of our website, or the network or computers of us, ours users, or any others related to our website.
- You will not send unsolicited commercial messages, "spam," or any other advertisement, whether for profit or not, through our service without receiving our prior written consent, which we may revoke at any time.
- In the event that you offer a competing or similar service to our website, you will not attempt to contact the third parties who provide surveys, offers, and other programs through our service, nor will you attempt to contact our users or advertisers, or employees if the reason for contacting the employees is of a commercial nature.
- You will not otherwise interfere with the operations of our website or business.
Any violation of these rules may result in immediate termination and/or legal action. None of our Rules of Conduct should be construed as assuming any liability for actionable conduct that occurs on our website. We expressly retain any safe harbors, defenses, excuses, and other justifications available to us at law for the activities of third parties using our service.
7. Liquidated Damages
You acknowledge that it may be difficult and time-consuming to quantify the actual damages for breaching our "Rules of Conduct" as described above. Therefore, you agree that each breach of said rules shall be compensated in the following manner:
- For an intentional breach which disrupts the security or integrity of our servers, computers, network, or those of our users, you will pay us liquidated damages of $10,000.
- For the sending of unsolicited advertising, you will pay us liquidated damages of $100 for the first infraction, and $10 for each subsequent message that is identical to the first. The same damages of $100 and $10 will be payable for each group of identical messages sent to different recipients.
- One hundred dollars in liquidated damages for any other breach of our Rules of Conduct.
Each independent recipient of your wrongful actions will be considered a separate transaction. For example, intentionally damaging three different users' computers with malicious software would result in $30,000 in liquidated damages payable to us. Spamming ten different people with the same message would result in $190 in liquidated damages payable.
You agree that we may waive our right to receive liquidated damages under these rules, and choose to quantify the actual amount of damages should we wish to do so.
8. Copyrights, Trademarks, and Other Intellectual Property
8.1 Your License to Us
When using our service, you may make certain materials and information public through the use of our social media service. To help us maintain our website and generate revenue, we may aggregate, republish, or resell such materials and information. By using our service, you agree that you a) own the absolute intellectual property rights to any materials and information you publish or disseminate using our service and that, b) you grant to us an irrevocable, perpetual, universal license to use, publish, copy, disseminate, resell, and relicense such materials and information.
8.2 Our Intellectual Property
We distinguish ourselves from our competitors by developing unique brands, marks, services, and other content. Because of this, it is necessary that we vigorously defend all of our business branding content from infringement or other duplication by third parties. You agree that you will not use our trademarks or name, copy the "look and feel" of our website, or otherwise infringe on our trademark or trade dress rights. You agree that the prohibition of your copying of our "look and feel" is a contractual obligation in addition to any applicable intellectual property laws, and is in the nature of a non-competitive clause.
You further agree that you will not copy or imitate our content, whether the copyright is held by us or is licensed to us by a third party.
Our Warranty and Limitation of Liability are set forth herein. Different sections may or may not apply to you based on where you are located, notwithstanding the governing law provision of this Agreement. Our liability and warranty policies are as follows:
OUR SERVICE IS PROVIDED ON AN "AS IS" BASIS. AGAIN, EVERYTHING PROVIDED BY US IS ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FOR NON-INFRINGEMENT. WE DO NOT GUARANTEE OR PROMISE THAT THE SOFTWARE WILL BE ERROR FREE, THAT IT WILL ACCOMPLISH WHAT YOU DESIRE IT TO, THAT IT WILL BE SECURE, OR THAT IT WILL BE MISTAKE OR DEFECT FREE. WE DISCLAIM ANY WARRANTIES, WHETHER ORAL OR WRITTEN, THAT MAY BE ON OUR SITE AND DISCLAIM ANY PROMISES OR GUARANTEES ABOUT PERFORMANCE, OR RESULTS. YOU BEAR THE RISK OF RELYING ON AND EVALUATING ANY CLAIMS MADE INCLUDING ANY CONTENT YOU CREATE, PROVIDE, OR SUBMIT VIA THE SERVICE. USE OF THE SERVICE IN ANY WAY MAY INADVERTENTLY LEAD TO THE TERMINATION, SUSPENSION, OR LIMITATION OF YOUR ACCOUNT, OR ANY OTHER PERSONS ACCOUNT, ON ANY THIRD PARTY SITE THAT THE SERVICE MAY UTILIZE FOR SUBMITTING. YOU ARE RESPONSIBLE FOR ANY SUCH RISK OR LOSS.
9.2 Limitation of Liability
YOU WAIVE OUR LIABILITY OVER THIRD PARTY CONTENT, AS WELL AS ANY SERVICES THAT MAY INCLUDE MATERIALS OR INTERACT WITH ANY THIRD PARTIES. WE DO NOT EVALUATE ANY CONTENT NOR ARE WE RESPONSIBLE FOR EDITING OR REMOVING IT, ALTHOUGH WE RESERVE THE RIGHT TO DO SO. SINCE WE HAVE NO CONTROL WE DO NOT HAVE ANY LIABILITY, AND YOU WILL INDEMNIFY US FOR ANY LOSS THAT HAPPENS AS A RESULT OF YOUR USE OR MISUSE OF OUR SERVICE. YOU WILL NOT USE OUR SERVICE IN ANY WAY THAT VIOLATES THIS AGREEMENT, OR ANY THIRD PARTY RIGHTS, WHICH INCLUDE RIGHTS PROVIDED BY THE TERMS OF SERVICE OF ANY THIRD PARTY SITE CONNECTED WITH OURS. YOU AGREE THAT THE USE OF THE SITE, PROGRAM, OR SOFTWARE, INCLUDING ITS USE OR HOW IT SUBMITS ANY CONTENT IS DONE AT YOUR OWN RISK, IS YOUR OWN RESPONSIBILITY, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT ARE CAUSED TO YOU, US, OR ANY THIRD PARTY. WE WILL NOT BE RESPONSIBLE AND DISCLAIM ANY WARRANTY FOR YOUR USE AS IT PERTAINS TO YOUR COMPUTER, NETWORK, OR OTHER SYSTEMS, AND YOU AGREE THAT WE HAVE NO CONTROL OVER THE TRANSFER OR STORAGE OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING ANY FAULTS OR ERRORS IN SUCH COMMUNICATIONS.
EXCEPT FOR JURISDICTIONS WHERE THESE CLAUSES ARE PROHIBITED, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY PERSON FOR DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, LOSS OF DATA, STATUTORY FEES, FINES, TAXES, OR ANY DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, REPUTATION, DATA, OR OTHER INTANGIBLE LOSSES, WHETHER OR NOT WE WERE ADVISED OF SUCH LOSSES, OR ANY OTHER LOSS THAT RESULTS FROM THE INABILITY TO USE THE SERVICE, IMPROPER OR UNAUTHORIZED USE OR ACCESS TO THE SERVICE, CONTENT THAT IS DISTRIBUTED, OR ANY INACCURATE OR OUT OF DATE CONTENT OR FAILURE TO POST CONTENT, OR ANY OTHER MATTER RELATING TO OUR SERVICE.
IN JURISDICTIONS WHICH DO NOT PERMIT US TO DISCLAIM THIS LIABILITY, YOU AGREE THAT WE SHALL BE LIABLE ONLY FOR THE MINIMUM AMOUNT OF DAMAGES REQUIRED BY LAW.
IF YOU ARE A RESIDENT OF CALIFORNIA, THEN YOU ARE AGREEING THAT YOU ARE RELEASING US FROM ALL CLAIMS, EVEN IF YOU DO NOT KNOW, OR DO NOT SUSPECT THAT THE EVENTS GIVING RISE TO SUCH CLAIMS EXIST AT THE TIME OF EXECUTING THIS RELEASE.
You hereby agree to indemnify us, our affiliates, employees, officers, advertisers, and any others associated with us for any damages that may result from your use of our services, whether they be to you or a third party.
You further agree that, in the event that a third party claim is brought against us arising from or relating to your use of our service, you have a duty to defend us against that claim, including bearing any reasonable attorneys' fees, court costs, or disbursements.
You agree that we may settle any or all such claims against us without defending against them in court, and that you will still have a duty to indemnify us for such settlements.
11. Choice of Law
You agree that this Agreement shall be governed solely by the laws of the State of Pennsylvania, and that the offer and acceptance of this Agreement are deemed to have occurred in the State of Pennsylvania.
12. Forum of Dispute
We need to ensure that the construction and enforcement of this Agreement remains consistent for all of our users. Therefore, you agree that any dispute you may have arising from or related to this Agreement shall be brought solely within a court of competent jurisdiction located in the State of Pennsylvania, or if no court has such jurisdiction, then a court of competent jurisdiction which is closest to the State of Pennsylvania.
You agree that if you fail to bring an action in accordance with these "Forum of Dispute" rules, we, or our counsel or other authorized representative, may make a motion seeking to dismiss your claim against us, and that you will be responsible for all of our reasonable attorneys' fees, costs, and disbursements.
You agree that all attorneys' fees, costs, and disbursements relating to any dispute brought in compliance with these "Forum of Dispute" rules shall be awarded to the party which prevails in the suit, or, if each party is partially successful, then such attorneys' fees, costs, and disbursements shall be awarded proportionally according to the success and failure of each party's claim and/or defense.
13. Cancellation & Non-Waiver
We may cease providing our service to you at any time for any reason. If you or any other person are in breach of this Agreement, or engage in any other actionable conduct against us, we may not notice it, or we may simply choose not to take immediate or any action in regards to it. This shall not constitute a waiver of our right to enforce that breach within the applicable limitation period, or of similar breaches in the future, or of any other breaches. In other words, the fact that we do not enforce a legal right, whether it is against you or someone else, does not mean that we cannot choose to do so in the future.
If we cancel the provision of our service to you for a reason other than a violation of this Agreement by you, and you are a paid subscriber, we will refund your subscription on a pro rata basis. Otherwise, we shall not be liable to provide any refunds.
14. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, including any liability otherwise established by this Agreement, if it is the result of events beyond our control, including, but not limited to, acts of God, war, zombie attacks, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), communication disruption, failure or shortage of infrastructure, shortage of materials, errors by banks or credit card companies, postal or courier disruptions, or any other event beyond our control.
We may choose to amend this Agreement from time to time. When we amend it, we will post the amended version to our website's "Terms" page, along with the date that it was last amended so that you know whether there are any changes. We will also e-mail you with a notification of these changes, and require on your next login to our website that you agree to the amendments. If you do not agree to the amendments, you may not continue using our service, even if you already have a paid subscription.
Where two or more provisions in this Agreement conflict, Kuhcoon, LLC reserves the sole right to determine which provision shall remain in force.
Should any legislature, court of competent jurisdiction, or other entity which has the authority to do so, strike down or otherwise render void any provision of this Agreement, this Agreement shall remain in force as though it had been entered into without that voided provision.
We may assign any of our rights or obligations under this Agreement to a third party, including such cases, but not limited to, the sale or our business to another entity. You may assign your rights or obligations under this Agreement to a third party only with our prior written consent.
Our address for service for any legal claims or notifications is:
221 Lackawanne Ave.
Scranton, PA 18503
United States of America