Kadoink's Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.  BY CLICKING ON THE ["SIGN UP"] BUTTON OR BY USING OR ACCESSING THIS WEB SITE, OR ANY WEB SITE HOSTED AT KADOINK.COM (THE "SITE"), OR BY USING ANY OF THE SERVICES PROVIDED VIA THE SITE ("SERVICES"), EACH OF YOU AND THE ENTITY THAT YOU REPRESENT (COLLECTIVELY, “YOU”) AGREE TO BE BOUND BY THESE TERMS OF USE AND BY THE PRIVACY POLICY AND COPYRIGHT DISPUTE POLICY OF KADOINK, INC. ("KADOINK"), WHICH ARE COLLECTIVELY REFERRED TO AS THE "AGREEMENT." YOU REPRESENT THAT YOU CONSENT TO BE BOUND BY AND ARE BECOMING A PARTY TO THE FOLLOWING TERMS AND CONDITIONS. YOUR USE OF THE SITE AND THE SERVICES OFFERED BY KADOINK SHALL ALSO CONSTITUTE ASSENT TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THIS AGREEMENT, YOU WILL HAVE NO RIGHT TO USE THE SITE OR THE SERVICES DESCRIBED HEREIN.

Kadoink may, in its sole discretion, modify this Agreement from time to time, and may modify, suspend, or terminate the Site and Services, for any reason and without notice. Although You may be asked to indicate Your assent to the terms of this Agreement only once (e.g., when You register for a Kadoink account), the terms of this Agreement, as modified by Kadoink from time to time, will govern all use of the Site and Services. Kadoink recommends that You review these terms from time to time to note any changes. By continuing to use or access the Site or any of the Services, You agree to be bound by the Terms of Use in effect at the time of such use or access.

1. Description of the Services

Kadoink provides Registered Users the ability to contact and be contacted on their mobile phones with voicemail, live calls and text messages without exposing their phone number to anyone but Kadoink.  Kadoink provides Registered Users (defined below) with the ability to host a variety of content, including without limitation images and videos (including any audio accompanying the videos) ("Content") that Registered Users own or to which they have the necessary rights ("User Content"), in order to share User Content via the Web or mobile phones.

Although the Site and Services are normally available, there will be occasions when the Site or Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Kadoink.  Also, although Kadoink will normally only delete Content that violates this Agreement, Kadoink reserves the right to delete any Content for any reason, without prior notice to You. Deleted Content may be stored by Kadoink in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, Kadoink encourages You to maintain Your own backup of Your User Content. In other words, Kadoink is not a backup service. As discussed further in Section 8, Kadoink will not be liable to You for any modification, suspension, or discontinuation of the Services or the loss of any Content.

2. Accounts and Passwords

In order to access certain features of the Site and the Services, and to post Content, You must create a Kadoink account. Once You have created an account, You will be a "Registered User." Your Kadoink account is solely for Your own personal use and benefit. You are responsible for safeguarding the password that You use to access the Site and Services. You agree not to disclose Your password to any third party nor to permit any third party to use Your Kadoink account. You agree to take sole responsibility for any activities or actions under Your password, whether or not You have authorized such activities or actions. You will immediately notify Kadoink of any unauthorized use of Your password. In registering and creating an account, You agree to provide accurate, current and complete information, and to promptly update that information as necessary. Kadoink will have no liability for failure to deliver notices that result from inaccurate account information. Kadoink reserves the right to disable accounts that are using excessive bandwidth or otherwise abusing the system. Kadoink has the right to change its file size, bandwidth, or storage limitations without notice.

You may terminate Your account at any time, for any reason, by following the instructions on the “My Account” page. Kadoink reserves the right at all times to terminate Your account and delete any and all Content, in whole or in part, for any reason, including, without limitation, a violation of any part of this Agreement.

3. Your License to Kadoink

Kadoink does not claim any ownership rights in any User Content that You post to the Site or upload using the Services. After You post User Content to the Site or upload User Content, You continue to retain all ownership rights in such User Content. However, by posting User Content to the Site or uploading User Content, You hereby grant to Kadoink and each Registered User a nonexclusive, royalty-free, transferable, sublicensable, perpetual, worldwide license to use, copy, modify, prepare derivative works from, distribute, publicly display and publicly perform (whether by means of a digital audio transmission or otherwise), process and otherwise fully exploit Your User Content (including all related intellectual property rights), and to allow others to do so, including without limitation (a) adapting the format of Your User Content (for example by encoding or transcoding) for suitable display on the Site or Services; and (b) displaying, in Kadoink's sole discretion, Your User Content in search results generated by the Kadoink search engine. In connection with the above license, You provide Your consent for Kadoink personnel, including Kadoink contractors and service providers, to view Your User Content at any time for the purpose of providing the Services and filtering content that violates this Agreement. You acknowledge that You are solely and fully responsible for all Content You submit to the Site or provide to the Service. You represent that You either own the User Content or have all rights necessary to grant this license.

4. Kadoink's Limited License to You

Subject to Your compliance with the terms and conditions of this Agreement, Kadoink grants You a non-transferable, non-sublicensable right to access, view and print public Content, only for Your personal, non-commercial use.  With the exception of Your User Content, You may not distribute any Content to third parties, use any Content commercially (except as may be permitted by a separate license explicitly attached to a particular piece of Content), or otherwise copy, modify, distribute, publicly display, perform, or exploit any Content (except as such acts may be permitted by a separate license explicitly attached to such Content). You shall abide by all notices, information, and restrictions contained in any Content accessed through the Services.

5. Restrictions

As a condition of use, You will not use the Services for any purpose that is unlawful or prohibited by this Agreement, or any other purpose which Kadoink otherwise forbids. By way of example, and not as a limitation, You will not do any of the following while using or accessing the Site or the Services:

a. Post, upload, e-mail, or otherwise transmit (i) any Content that You do not have the lawful right to copy, transmit, and display (including any Content that would violate any confidentiality or fiduciary obligations that You might have with respect to the Content); (ii) any Content for which You do not have the consent or permission of each identifiable person in the Content to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the Content); or (iii) any Content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right, or right of publicity);

b. Delete, or in any manner alter, the copyright, trademark, or other proprietary rights notices appearing on any Content except Your User Content;

c. Use any meta tags or other hidden text or metadata utilizing a Kadoink name, trademark, URL, or product name without Kadoink's express written consent;

d. Post, upload, e-mail, or otherwise transmit, without first obtaining the permission of Kadoink, any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes," Ponzi schemes, investment opportunities, or any other form of solicitation;

e. Post, upload, e-mail, or otherwise transmit, via the Site or Services, any Content that is unlawful, obscene, harmful, threatening, harassing, defamatory, sexually explicit, or hateful (including, without limitation, any Content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law), or that contains objects or symbols of hate, invades the privacy of any third party, contains nudity or pornography (including without limitation any child pornography or child erotica), or is deceptive, threatening, abusive, inciting or facilitating an unlawful action, defamatory, libelous, profane, vulgar, or violent, false, misleading, or likely to mislead or deceive (including, without limitation, information relating to the source or author of the Content), alcoholic beverage-related (beer, wine, liquor, etc.), tobacco-related (cigarettes, cigars, pipes, chewing tobacco, etc.), guns/weapons-related (firearms, bullets, etc.), illegal drugs-related (marijuana, cocaine, etc.), crime-related (organized crime, notorious characters, etc.), death-related (funeral homes, mortuaries, etc.), gambling-related (casinos, lotteries, etc.), telecommunications carrier competitor-related (e.g. providers of telecommunication services, providers of comparison shopping for telecommunications services, etc.), involves a copy or parody of current or part telecommunications carrier products or services, involves an implied affiliation, association or endorsement by, or favored status with, any telecommunications carrier or is otherwise objectionable in the sole opinion of Kadoink;

f. Post, upload, e-mail, or otherwise transmit any Content that contains software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy, or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;

g. Post, upload, e-mail, or otherwise transmit any Content that includes code that is hidden or otherwise surreptitiously contained within the images, audio, or video of any Content that is unrelated to the immediate, aesthetic nature of the Content;

h. Attempt to probe, scan, or test the vulnerability of any Kadoink system or network or breach any security or authentication measures;

i. Forge any TCP/IP packet header or any part of the header information in any posting, or in any way use the Site or Services to send altered, deceptive, or false source-identifying information;

j. Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure protecting the Site or Services;

k. Collect or store personal data about other users without their express permission;

l. Impersonate or misrepresent Your affiliation with any person or entity, through pretexting or any other form of social engineering, or otherwise commit fraud;

m. Resell the Services, in whole or in part;

Kadoink does not control the Content in Registered Users' accounts and does not have any obligation to monitor such Content for any purpose. However, regardless of whether the Content is public or private, Kadoink may choose to monitor such Content at any time, in its sole discretion and without notice.  Kadoink reserves the right at all times to terminate Your account, and delete any and all Content, in whole or in part, for any reason including without limitation violations of this Section 5, or of any part of this Agreement. Kadoink reserves the right at all times to disclose, in its sole discretion, any Content as necessary to (a) satisfy any law, regulation, or governmental request or (b) reduce or prevent what Kadoink considers to be, in its sole discretion, a serious or imminent threat to Your health or safety, or the health or safety of another. For information regarding Kadoink's handling of Your personally identifiable information, refer to the Kadoink Privacy Policy.

6. Age Requirements

You certify to Kadoink that if You are an individual (i.e., not a corporation); You are of legal age to form a binding contract.  You also certify that You are legally permitted to use the Services and access the Site, and take full responsibility for the selection and use of the Services and access of the Site.  Without limiting the foregoing, if You are under the age of 13, You are not allowed to use the Service. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.

7. Disclaimer of Warranty

THE SERVICES, CONTENT, SITE, AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, KADOINK AND ITS LICENSORS DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Electronic Communications Privacy Act Notice (18 USC 2701-2711): KADOINK MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB SITE LINKED TO THE SITE OR THROUGH ANY USE OF THE SERVICES.  Kadoink will not be liable for the privacy of e-mail addresses, phone or communication device numbers, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on its equipment and transmitted over networks accessed by the Site or Services, or otherwise connected with Your use of the Site or Services.

8. Limitations of Liability

You acknowledge that Kadoink has no control over, and no duty to take any action regarding: which users gains access to the Site or Services; what Content You access via the Site or Services; what effects the Content may have on You; how You may interpret or use the Content or Services; or what actions You may take as a result of having been exposed to the Content or Services. You release forever and irrecoverably Kadoink and its licensors and each of their respective officers and directors from all liability for having acquired or not acquired Content through the Site or Services.  The Site or Services may contain, or direct You to sites containing, information that some people may find offensive or inappropriate.  Kadoink makes no representations concerning any content contained in or accessed through the Site or Services, and Kadoink will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or Services.

IN NO EVENT WILL KADOINK OR ITS LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE, OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY SERVICES, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY EVEN IF KADOINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL KADOINK OR ITS LICENSORS' AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY AND ALL CLAIMS ARISING OUT OF THE USE OF THE SITE OR ANY SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO KADOINK OR $500.00, WHICHEVER IS GREATER. You acknowledge that Kadoink has set its prices and entered into this Agreement in reliance upon the limitations of liability specified herein, which allocate the risk between the parties and form a basis of the bargain between the parties. Some jurisdictions do not allow the exclusion or limitation of liability of incidental or consequential damages, so the above limitation may not apply to You.

9. Indemnification

You agree to defend, indemnify, and hold harmless Kadoink and its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with Your access to or use of the Site or Services, Your violation of this Agreement, or the infringement by You, or any third party using the Your Kadoink account, of any intellectual property or other right of any person or entity. Kadoink reserves the right, at its own expense, to assume the exclusive defense and control of any such claim otherwise subject to defense by You, in which event You will cooperate with Kadoink and its counsel, as necessary, in the conduct of such defense.

10. Links to Third Party Sites

The Site or Services may contain links to third-party Web sites or resources. You acknowledge and agree that Kadoink is not responsible or liable for: (i) the availability or accuracy of such Web sites or resources; or (ii) the content, products or services on or available from such Web sites or resources. Links to such Web sites or resources do not imply any endorsement by Kadoink of such Web sites or resources or the content, products, or services available from such Web sites or resources. You acknowledge sole responsibility for and assume all risk arising from Your use of any such Web sites or resources. For the terms and conditions governing Your use of those Web sites, refer to their terms of use.

11. Forum and Choice of Law

This Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law rules. Except as specified in this section, any controversy or claim arising out of or relating to this Agreement or its subject matter shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”). Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in San Francisco, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Kadoink may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

12. Fees/Payment

Some of the Services require payment of fees. You shall pay all applicable fees in connection with the Services that You select. Any fees paid hereunder are non-refundable.  Kadoink reserves the right to change its prices and to institute new charges at any time, upon prior notice to You, which may be sent by e-mail or posted on the Site. You authorize Kadoink, directly or through third parties, to make any inquiries it considers necessary to validate Your account and financial information.

Kadoink reserves the right to terminate Your Kadoink account if You misuse the credit card chargeback process.  Kadoink reserves the right to contest credit card chargebacks, in accordance with the rules of the applicable card issuer or card association. If You initiate a chargeback claim, You agree to provide to any requesting party on a timely basis any and all necessary documentation to resolve the disagreement. Kadoink does not act as Your agent in any transaction or resulting disagreement. 

13. Equipment and Ancillary Services

You are responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, hardware devices, software, and other internet, wireless, broadband, phone or other communication device connection services. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Site and any Services and You shall be responsible for all charges incurred in connection with all such equipment and ancillary services, including any fees charged for airtime usage and/or sending and receiving messages or related notifications.

14. General

You may not assign any rights granted to You or delegate any of Your duties hereunder; any attempt to do so is void and of no effect. Kadoink may freely assign its rights and delegate its duties under this Agreement in their entirety. The failure of Kadoink at any time to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. If a court should find that one or more rights or provisions contained in this Agreement are invalid, You agree that the remainder of the Agreement will be enforceable. The headings and captions are for convenience only and are not to be used in the interpretation of this Agreement. This Agreement constitutes the complete and exclusive understanding and agreement between You and Kadoink regarding its subject matter, and supersedes all prior and contemporaneous agreements or understandings relating to such subject matter and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and You do not have any authority of any kind to bind Kadoink in any respect whatsoever.

If You have any questions or concerns about this Agreement or any issues raised in this Agreement or on the Site or Services, please contact Kadoink at the contact us page.

View our Privacy Policy here | View our Copyright Dispute Policy here