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Terms of Service

Overview:

By registering, accessing or using u2bidol.com (the “Site”), you have agreed to these Terms of Service, our Privacy Policy and all other policies and rules;
Are you a minor? Go ask your parents for permission to play on u2bidol.com. They will have to register your account for you;
Are you under 13? If so, this site is not intended for you;
If you are not a minor what are you waiting for? Please register;
Password security is your responsibility for all activity on your account. Create a 'hard to guess' password and do not share your password with anyone for any reason;
All content of any type on the Site is the property of Khush. Though you remain the owner of your personal content, by posting personal User Content on the Site you automatically grant Khush and all other users a full license to use such User Content;
You have all responsibility over all activity on your account and any other account associated with your account, including accounts linked through billing method or IP address;
Do have fun and respect the rights of others to enjoy safe, fun and unimpeded access to u2bidol.com
Khush may, but is not obligated to, review and delete, at its own discretion, User Content that violates this agreement or might be offensive, illegal or inappropriate;
Do not use our services to violate any applicable law or regulation, including without limitation, the infringement of any copyright, trademark, trade secret or other intellectual property right of others, or violate the privacy or publicly rights of any other person;
If your account is closed because of violation to the terms and conditions of our website, you will lose access to our website. If you have any questions, you may contact our customer support at: help@khu.sh

Khush Inc. (“us”, “we”, “Khush” or “Company”) offers multi-user online content creation and sharing service (“the Service”), including the software provided to you by Khush and the online environments that support the Service, including without limitation: the server computation, software access, messaging and protocols that simulate the Khush environment (the “Servers”) and application program interfaces provided by Khush to you for use with the Service (the “APIs”). Access to the Service is available from the domain www.u2bidol.com (“the Site” or “the Website”) and/or Khush’s mobile applications (the “Mobile Applications”).

These terms of service (“Terms of Service”) constitute legal agreement (“the Agreement”) between you, the user (“the User”) and the Company. Your enjoyment of the Site is important to us. Please read the Terms of Service carefully. They contain the legal terms and conditions provided to you by the Site and are a binding agreement, just as if you had signed the agreement.

BY ACCESSING, BROWSING, USING AND/OR REGISTERING FOR AN ACCOUNT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE TERMS OF USE OF CONTENT, LIMITED WARRANTY, EXCLUSION OF LIABILITY AND ANY GUIDELINES OR FUTURE MODIFICATIONS. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, THE PRIVACY POLICY OR OTHER POSTED GUIDELINES, DO NOT USE THE WEB SITE.

Privacy Policy

Your privacy is important to us. The u2bidol.com Privacy Policy is hereby incorporated into these Terms of Service by reference. Please read the policy carefully for details relating to the collection, use, and disclosure of your personal information.

Eligibility; Account Registration and Requirements

The Site is not available to persons under the age of 13 or to any person suspended or removed from our website by us. In consideration for your use of the Site and the Service, you agree to provide true, current, complete and accurate information as requested on the registration form, and to update that registration information as soon as possible after any information on the registration form changes.

You must establish an account (the “Account”) with us to use the Service, except for those portions of the Website to which Khush allows access without registration. When you register as a User, you will choose a user name and a password. You are solely responsible for the activities that occur on your account and for maintaining the confidentiality of your account and password and for restricting access to your computer. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your password, or any credit or debit card number), you will immediately notify Khush. Although Khush will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses incurred by us due to any unauthorized use of your Account.

Age Requirement

Khush recognizes the privacy interests of children and we encourage parents and guardians to take an active role in their children's online activities and interests. The Service and the Site are not intended for children under the age of 13. Khush does not target its Service or the Site to children under 13. Khush does not knowingly collect personally identifiable information from children under the age of 13.

If you are under the age of 13, you cannot create an Account, you are not eligible to enter any contest, events or promotions and are asked not to provide any personal information of any kind on or through the Site, or to us.

While children of all ages may view the Site, only those 13 or older can use the Site. We will not knowingly accept any applications, transactions or other submissions from anyone under the age of 13. If we learn that anyone under the age of 13 is attempting to complete such an action, we will terminate the action if it is feasible to do so and subsequently delete any personal information submitted to Khush.

If a parent or legal guardian of a child discovers that their child under the age of 13 has provided us with personally identifiable information and would like Khush to stop collecting such information regarding their child, or have the child's personal information deleted from our database records, they should contact us via email at help@khu.sh. We will remove the child's information as requested within a reasonable time.

We strongly encourage parents or legal guardians to be positive and active role models to their children and spend time together with their children online, familiarizing themselves with the Site and overseeing any communication between their children and any other Internet users. It is strongly suggested that parents or legal guardians educate their children about online conduct, specifically including but not limited to, never revealing, distributing, or otherwise communicating their personal identifying information such as real names, images, addresses, or phone numbers without parental or guardian permission when using the Internet.

The Site is an ever-evolving community comprised of many different members with different experiences and backgrounds. While we may choose to monitor and take action upon inappropriate movies, it is possible that at any time there may be language or other material accessible on or through the Site that may be inappropriate for children or offensive to some users of any age. We cannot ensure that all users will adhere to these Terms of Service and cannot remove all content or restrict access to all content that parents or guardians may find inappropriate or that any user may find objectionable. Khush does not pre-screen the content, the materials or the communications transmitted by each user. As such, it is highly encouraged that parents provide guidance to users under the age of majority and exercise their parental responsibility in restricting access of their children to such content.

Disclosures Permitted by Law

We provide the information on a confidential basis to nonaffiliated companies we engage as contractors or agents to perform services for us, such as maintaining software, sending direct mail or administering a sweepstakes or contest. Information will be shared with such contractors only to the extent reasonably necessary for them to perform services on our behalf, and pursuant to confidentiality obligations;
In response to subpoenas, court orders, or legal process, from law enforcement agencies or state and federal regulators;
If we are acquired by or merged with another company. In this event, Khush will notify you before information about you is transferred and becomes subject to a different privacy policy.

Service Provider and Content

You acknowledge that Khush is a service provider that may allow people to interact online regarding topics and content chosen by users of the service, and that users can alter the service environment on a real-time basis. Khush generally does not regulate the content of communications between users or users' interactions with the Service. As a result, Khush has very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Service.

Proprietary Rights

Site Content. All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, voices, music, sound and other files, and their selection and arrangement (hereafter referred to as the “Site Content”), are the proprietary property of Khush, its users or its licensors with all rights reserved.

You acknowledge that:

By using the Service you may have access to Site Content;
Site Content may be provided under license by independent content providers, including contributions from other users of the Service (all such independent content providers, “Content Providers”);
Khush does not pre-screen Site Content.

You acknowledge that Khush and other Content Providers have rights in their respective Content under copyright and other applicable laws and treaty provisions, and that except as described in these Terms of Service, such rights are not licensed or otherwise transferred by mere use of the Service. You accept full responsibility and liability for your use of any Site Content in violation of any such rights. You agree that your creation of Site Content is not in any way based upon any expectation of compensation from Khush.

Site Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Khush’s prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use (subject to purchasing the Commercial Account) provided that you keep all copyright or other proprietary notices intact.

You agree not to use the Site, for any commercial use, unless you agree to purchase the Commercial Account. Prohibited commercial use includes, but is not limited to, theses actions:

The sale of access to the Site or its Services on another site;
Use of the Site or its Service, for the primary purpose of gaining revenues;
The sale of advertising on the Site;
Any use of the Site or the Services with the effect of competing with or displacing the market for our Site/

Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Khush, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication or otherwise. This license is revocable at any time without notice and with or without cause and does not include use of any data mining, robots or similar data gathering or extraction methods.

User Content

You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, 'post') on or through the Service or the Site, or transmit to or share with other users (hereafter referred to as “User Content”). You understand that whether or not such User Content is posted, Khush does not guarantee any confidentiality with respect to User Content. You understand and agree that Khush may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content (collectively “Content”) in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Site Owner violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to Khush.

In connection with the User Content, you affirm, represent and warrant that you own or have the necessary licenses, rights, consents and permissions to use and authorize Khush to use all copyright or other proprietary rights in and to any and all User Content to enable use in the manner contemplated by the Site and the Terms of Service. When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. For clarity, Khush does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms of Service, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content. However, by posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Khush a non-exclusive, transferable, fully-paid royalty-free, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You also grant each User of the Site a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Site and under the Terms of Service.

In connection with User Content, you further agree that you will not (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Khush all of the licensed rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Khush or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business unless you are a subscriber to a fully paid commercial account.

Khush does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Khush expressly disclaims any and all liability infringing activities and infringement of intellectual property rights on the Site, and Khush will remove all User Content if properly notified that such User Content infringes on another’s intellectual property rights. In no event shall you represent or suggest, directly or indirectly, Khush’s endorsement of User Content. Khush does not vouch for the accuracy or credibility of any User Content on our Site, and does not take any responsibility or assume any liability for any actions you may take as a result of seeing User Content on our Site. Through the use of the Site and the Service, you may be exposed to content you may find offensive, objectionable, harmful, inaccurate or deceptive. By using our Site, you assume all associated risks.

You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will terminate within a commercially reasonable time, however you acknowledge that Khush may retain archived copies of your User Content. You acknowledge as well that even though some of your User Content might be remove from the Site at any time, Khush has no capacity to remove, from the world wide web, any portion of the User Content which has previously been published on the Internet. More specifically but without limitation, User Content previously published on the Internet might still be viewable through other sites or search engines, for an unlimited period of time. Khush has no control over those website or search engines.

User Account and Account Data

You agree that even though you may retain certain copyright or other intellectual property rights with respect to content you create while using the Service, you do not own the Account you use to access the Service, nor do you own any data we store on Khush’s servers (including without limitation any data representing or embodying any or all of your User Content). Your intellectual property rights do not confer any rights of access to the Service or any rights to data stored by or on behalf of Khush.

Technologies, Services, Materials and Downloads

Technologies and Services. Khush has designed the Service to be experienced only as offered by Khush at the Websites, Mobile Applications or partner websites. Khush is not responsible for any aspect of the Service that is accessed or experienced using software or other means that are not provided by Khush. You agree not to create or provide any server emulators or other software or other means that provide access to or use of the Servers without the express written authorization of Khush. Khush is not obligated to allow access to the Servers by any software that is not provided by Khush and you agree to cease using, creating, distributing or providing any such software at the request of Khush. You are prohibited from taking any action that imposes an unreasonable or disproportionately large load on Khush’s infrastructure.

You may not charge any third party for using Khush’s software to access and/or use the Service, and you may not modify, adapt, reverse engineer (except as otherwise permitted by applicable law), decompile or attempt to discover the source code of the Khush software, or create any derivative works of the Khush software or the Service, or otherwise use the Khush software except as expressly provided in this Agreement. You may not copy or distribute any of the written materials associated with the Service.

Materials. All information, product information (e.g. specifications, datasheets, performance reports, case studies etc), software (e.g. service packs), documentation, content (except for User Content) and/or material posted on the Site or available through it (collectively, the “Materials”) are the property of Khush or its licensors, which retain all rights, title and interests in and to such Materials and all intellectual property rights relating thereto, including without limitations all copyright, patent, trademarks, logos, design rights and any other proprietary rights.

No transfer or grant of any rights is made or is to be implied by any provision of these Terms of Service or by any other provision contained in the Site. You agree not to infringe upon all the above rights. Without limiting any of the foregoing, you may not copy, reproduce, republish, upload, sell, rent, lease, sublicense, post, transmit, or otherwise distribute, the Materials or any part thereof. You may not decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for any of the Materials or modify or create any derivative works of the Materials or documentation.

Modification of the Materials or use of the Materials for any other purpose, including without limitations the use of Materials on any other web site or networked computer environment is strictly prohibited, and be deemed a violation of Khush’s copyright and other proprietary (including intellectual property) rights.

No Endorsement. No reference made in this Site to any specific commercial product, process, website or service (or provider of such product, process or service) other than such products, processes, or services of Khush Inc., constitute or imply an endorsement, recommendation or favoring by Khush. Khush makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites accessible by hyperlink from this Site, or websites linking to this Site.

Charges, billing, the free trial and free membership

You are responsible and agree to pay all charges incurred, including applicable taxes and purchases made, by you or anyone you allow to use your account. There may be extra charges to access certain premium content or Services. Khush will provide notice of any extra charge before you incur any charges. You are responsible for any premium charges incurred using your Account and these charges may apply even during the free trial and free membership. Billing information will be held as confidential in accordance with the terms set forth in the Privacy Policy. Upon default of payment by a User, Khush may cancel the User Account, without further notice.

Payment by Credit Card

You must use a credit card or an approved payment method to pay for your subscription. When you provide credit card information or other payment method information to Khush, you represent and warrant that you are the authorized user of the credit card that is used to pay the subscription or other charges or fees. Unless you provide us, prior to the expiry of your subscription, with a written notice of cancellation, your subscription will automatically renew for the same period of time. The automatic renewal will not apply if the recurring charges for your membership program have changed since the time of subscription. You agree to promptly notify us of any changes to your credit card account number, its expiration date and/or your billing address, and you agree to promptly notify us if your credit card expires or is cancelled for any reason.

Charges to Your Credit Card

Your subscription fees are payable in advance and are not refundable in whole or in part. If your membership program includes recurring monthly fees, Khush will provide you with notice of a change to such recurring monthly fees. You will be notified via email at least thirty (30) days in advance. Your continued use of the Service for thirty (30) days after notification of the changes to the recurring monthly fees means that you accept the said changes. If any change is unacceptable to you, you may cancel your membership or a particular subscription at any time, but Khush will not refund any fees that may have accrued to your account before cancellation of your membership or subscription, and we will not prorate fees for any subscription. If your use of the Service is subject to use or sales tax, then Khush may also charge you for any such taxes, in addition to the subscription or other fees.

Free Periods to Subscriptions

We may offer a period of free access to the Service. You are always responsible for any Internet service provider, telephone, and other connection fees that you may incur when using the Service, even when we offer a free period to a subscription.

Khush Credits and Exchange

You acknowledge that the Service may in the future include a component of in-world fictional currency (“Khush Credits” or “Currency”), which constitute a limited license right to use a feature of our product when, as, and if allowed by Khush. Khush may charge fees for the right to use Khush Credits, or may distribute Khush Credits without charge, in its sole discretion. Regardless of terminology used, Khush Credits represent a limited license right governed solely under the terms of this Agreement, and are not redeemable for any sum of money or monetary value from Khush at any time. You agree that Khush has the absolute right to manage, regulate, control, modify and/or eliminate such Currency as it sees fit in its sole discretion, in any general or specific case, and that Khush will have no liability to you based on its exercise of such right.

Khush Credits may offer a service under which you can acquire Credits and redeem those Credits for certain online services and digital products. You may be able to obtain selected services or digital products that we elect to offer in exchange for Credits. You may be able to do this by redeeming your Credits as indicated in the particular messaging you see for those offers, as the case may be.

You may be able to acquire Credits in a variety of ways. For example, you may be offered to purchase Credits, or certain services may give you Credits for using the service or specific features of the service (also known as “Promotion Credits”). You may earn Promotion Credits only for actions you actually complete. You shall be responsible for any tax consequences that may result from your participation in the Credits service.

When you obtain Credits, you shall have obtained a limited license to a digital product. Credits will have no monetary value. You may not obtain any cash or money in exchange for Credits, regardless of how you shall have acquired those Credits. Credits shall not be your personal property. Your only recourse for using.

Credits shall be to obtain the specific online services or digital products that we offer for Credits redemption. We may further restrict your Credits redemption offers based on your country of residence. We encourage you to redeem your Credits. The existence of a particular offer available for Credits redemption is not a commitment by us to maintain or continue to make the offers in the future. The scope, variety and type of online services and digital products that you may obtain by redeeming Credits can change at any time. We have no obligation to continue making offers available for Credits redemption.

Promotion Credits may expire at any time, as set forth in the messages related to that promotion. We may cancel, suspend or otherwise limit your access to your Credits balance if we suspect fraudulent, abusive or unlawful activity on your Credits balance. Once we delete Credits from a balance, we will not reinstate them, except at our discretion. When we cancel, suspend or otherwise limit access to your Credits balance, your right to use your Credits balance shall immediately cease. We will use reasonable efforts to investigate Credits balances that are subject to access limitations and to reach a final decision on the limitations promptly. In addition, we may limit your use of the Credits service, including applying limits to: the number of Credits you may have credited to your Credits balance at one time, the number of Credits you may redeem within a given time period (for example, one day), and the number of promotion Credits you may obtain in a single event.

If we post Credits to your balance for an activity that is subsequently voided, cancelled or involves a returned item, then we will remove those Credits from your balance. You must ensure that we properly post your Credits to your Credits balance. If you believe that you have validly acquired Credits that we have not posted to your Credits balance, we will not consider posting these Credits unless you contact us within 12 months after the date you claimed to have acquired those Credits. We shall require reasonable documentation to support your claim.

Contests and sweepstakes

From time to time you may have the opportunity to send us your submissions as part of a contest or a sweepstake where your submissions are judged and the winner will be awarded a virtual prize. We will provide the rules for such contests at such times as they are made available on the Site. You may also win virtual prizes through playing games on the Site, or through contests. With respect to the games and contests, the following minimum rules shall apply:

We will tell you the number and types of prizes to be won; all prizes are virtual and shall have no retail value;
Your chances of winning depend on your skill in playing the game selected, and where you are playing a game against other users of the Site, your chances of winning also depend on the number of other users and their skill in playing the game;
For some games, it may be possible for there to be no winner (e.g., a trivia game where none of the users answers the questions correctly);
Unless we tell you otherwise, there will be no special allocation of prizes by country, state, province or region;
Some games have skill level by age group, so check the game instructions carefully; however, unless we tell you otherwise, there will be no special allocation of prizes by age group;
We will clearly advise you of the start and stop times applicable to the game selected;
There may be limits on the number of times you may play a game, so read the game instructions carefully;
Prizes will be awarded without undue delay.

Patents

Without limiting any of the foregoing or hereunder, the Service or any of its licensors or affiliates products, technology and processes referred to or posted on the Site may be covered by one or more patents and/or are subject to other trade secret and/or any other proprietary rights. No transfer or grant of any rights under any such patents is made or is to be implied by any provision of these Terms of Service or by any other provision contained in the Site, and Khush and/or its licensors and/or affiliates reserves all such rights.

Trademarks

u2bidol is a trademark of Khush Inc. Khush’s trademarks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Khush.

Third Party Websites

The Site contains or may contain (or you may be sent through the Site or the Service) links to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (collectively, the “Third Party Applications, Software or Content”). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

Links to the Site

Unless you have a written agreement in effect with Khush which states otherwise, links to the Site may be provided only in the following manner:

Links must not suggest or otherwise create the false appearance that Khush is affiliated with any person or entity, or that Khush otherwise endorses, sponsors or affiliated with any product or service;
The appearance, position and other aspects of any link to the Site may not be such as to damage or dilute the goodwill associated with Khush name and trademark;
All links to the Site must “point” to the URL “www.u2bidol.com” and not to other pages within the Site;
All links to the Site, when activated by a user, must not display the Site within a “frame” on the linking web site, or any other web site.

Without limiting any of the above, Khush reserves the right to revoke its consent above to the providing of any link to the Site, at any time in its sole discretion.

Disclaimer

THE SITE AND THE CONTENT ARE PROVIDED ON AN 'AS-IS' and 'AS AVAILABLE' BASIS AND YOU USE THIS SITE AT YOUR OWN RISK.

Khush makes no warranties or representations about the accuracy or completeness of this site’s content or the content of any sites linked to this site and assumes no liability or responsibility for any errors, mistakes or inaccuracies of content.

When using the Site, information will be transmitted over a medium that is beyond the control and jurisdiction of Khush. Accordingly, Khush ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SITE. Khush MAKES NO WARRANTY OR REPRESENTATION THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.

Khush DISCLAIMS ALL LIABILITY FOR ANY COMPUTER VIRUSES, WORMS OR OTHER DISABLING COMPUTER CODE THAT MAY BE LOADED INTO USER’S COMPUTER WHEN USERS DOWNLOAD DOCUMENTS FROM THIS SITE. You are strongly advised to obtain and use appropriate anti-virus and security software.

TO THE FULLEST EXTENT PERMITTED BY LAW, Khush DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR THIRD PARTIES’ RIGHTS AND FITNESS FOR PARTICULAR PURPOSE AND Khush MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SITE.

You specifically agree that Khush shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Site. You specifically agree Khush is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that Khush is not responsible for any content sent using and/or included in the Site by any third party.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NONE OF Khush OR ANY THIRD PARTIES MENTIONED ON THE SITE ARE NOR WILL THEY BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE (OR INABILITY TO USE) THE SITE, THE CONTENT, THE INFORMATION ON OR AVAILABLE THROUGH THIS SITE, OR ARISING OUT OF ANY INFORMATION AVAILABLE ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Khush IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY WAIVE ANY AND ALL CLAIM AGAINST Khush, AND ITS AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SITE AND THE INFORMATION AVAILABLE ON IT.

Indemnity

Despite and in addition to any other requirements under these Terms of Service that you make any payments to any third party as a result of the use of your password or account, you agree to indemnify and hold harmless Khush, its directors, officers, employees, agents, and licensors from and against all losses, expenses, damages, claims, fines, penalties and costs, including reasonable legal and accounting fees, resulting from any alleged violation of these Terms of Service or the Site’s Privacy Policy or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Account.

Modification or Interruption of Service

Khush reserves the right at any time to modify, interrupt or discontinue the Service with or without notice for any reason or no reason. You agree that Khush will not be liable for any modification, interruption or suspension of the Service. We will not reimburse any Subscription or other fee based if there is an interruption of Service. We reserve the right, at any time and at our sole discretion, to change, modify, add, or delete portions of these Terms of Service or the policies regarding the use of our Website at any time and to notify you by posting an updated version of the Terms of Service on this Website. Your continued use of the Service or the Site after any such changes shall constitute your acceptance of the new Terms of Service. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes.

Server Outages

There will be regular periods of server maintenance as well as spot maintenance, usually coinciding with a new service, including new characters, sets, voices or animation. Khush will do its best to limit such downtime events. Further, we cannot and do not promise or ensure that you will be able to access your Account whenever you want. You assume the entire risk as to the results and performance of the Services in connection with your hardware and software, and you assume the entire cost of all servicing, repair and/or correction of your hardware and software.

Active Participation; Storage and Bandwidth Limits

A condition of the Service is your 'Active Participation' in the Service. Active Participation is defined as accessing the Service, including displaying Materials or sending Content through the Service, at least once every 180 days. If you do not maintain Active Participation, Khush may, with or without providing you with notice, terminate your Account (or any part thereof) and/or your use of the Service, and may remove and discard any content, any of your Content. Additionally, with or without providing you with notice, we may place a maximum limit on the amount of Content that you are allowed to upload into the Service, or the maximum bandwidth that you may utilize each day. We may change these limits in our sole discretion upon providing you with notice. If you exceed these limits, we may refuse to accept and/or remove any Content, or we may suspend certain functions of the Service for your Account.

Account Cancellation

Accounts may be cancelled through the “Delete Account” link on the Site. Upon approval of your cancelation, your Account will be cancelled within 24 hours. There will be no refund for any prepaid fees or for any portion of the Service.

Termination

You agree that Khush, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you have with Khush and remove and discard any Content within the Site at any time. Khush may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of these Terms of Service may be effected without prior notice. Further, you agree that Khush shall not be liable to you or any third-party for any termination of your access to the site. Khush will terminate a User’s access to its Site if, under appropriate circumstances, they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activities more than twice and/or has had User Content removed from the Web Site more than twice. Khush also reserves the right to decide whether the Content is appropriate and complies with these Terms of Service for violation other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Khush may remove such User Content and/or terminate a User’s access to the Site, without prior notice and at its sole discretion.

General

This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Agreement shall be filed only in the courts of the State of Georgia, located in Atlanta, Georgia, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.