MyKaroo License And Notices

Thank you for your interest in MyKaroo. We hope you enjoy using the MyKaroo software and service as much as we enjoyed creating it. 

Like all such offerings, MyKaroo includes a license, terms of use, and privacy policy, and requires that you agree to these in order to use MyKaroo.  The license and terms of use are available here.  The privacy policy is available from the link below.  

Thanks again, and we hope you enjoy using MyKaroo.


MYKAROO SOFTWARE LICENSE AND TERMS OF USE AGREEMENT

IMPORTANT-READ CAREFULLY: This software license and terms of use agreement (the "Agreement") is a legal agreement between you, an individual or entity, ("you" or "your") and Bardon Data Systems, Inc., dba MyKaroo, ("MyKaroo") pertaining to (i) the software, including any documentation which may be provided with it (the "Software") you are about to install, copy, access or otherwise use, and (ii) the Internet-based services provided by the Service (as defined in Section 3 below). This Agreement is an ongoing contract between you and MyKaroo and affects your rights. You should read it carefully. 

1. MINIMUM AGE REQUIREMENT.  You affirm that you are over the age of 13, as MyKaroo is not intended for children under 13. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and to comply with this Agreement. 

2. MYKAROO SOFTWARE.  MyKaroo licenses the Software to you only upon the express condition that you accept each provision of this Agreement. By installing, copying, accessing or otherwise using the Software, you acknowledge and accept that you will be legally bound by this Agreement. If you do not agree to any provision of this Agreement, then MyKaroo is unwilling to license the Software to you and you must not install, copy, access or otherwise use the Software or the MyKaroo Service. 

    (a) License.  The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold or given, to you by MyKaroo and MyKaroo hereby grants and you accept a limited, revocable, non-exclusive, non-transferable license, to install and duplicate the Software subject to each provision of this Agreement. MyKaroo reserves the right at any time and for any reason to modify or discontinue any aspect or feature of the Software, including, but not limited to, content or functionality. All rights not expressly granted to you are hereby reserved by MyKaroo. 

    (b) Title and Copyright of the Software.  It is hereby understood and agreed that MyKaroo is the owner of all rights, title and interest, including, without limitation, all copyrights, in and to the Software and all subsequent copies thereof, regardless of the media or form in which the Software or copies thereof may exist. Except as expressly provided herein, you do not acquire any rights, title or interest to the Software. 

    (c) No Warranties.  The Software is furnished "as is" and with all faults. MyKaroo, its technical support / maintenance providers, distributors, advertisers, and sublicensees, make, and you receive, no warranties, express, implied, statutory, or in any communication with you. To the maximum extent permitted by applicable law, MyKaroo, its technical support / maintenance providers, distributors, advertisers, and sublicensees disclaim all other warranties and conditions, either express or implied, including, but not limited to, implied warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement, or any warranty that operation of the Software will be uninterrupted or error-free. You expressly assume all risk resulting from support / maintenance services (whether performed in whole, in part, or not at all), or from any virus, downloaded material, harmful component, or through any use resulting from or relating to your use of the Software or any site or server through which the Software is available, including, without limitation, the Service. You shall be solely responsible for the accuracy and transmission of all data entered, and for any damage that results from or is in connection with use of the Software. 

3. MYKAROO.COM AND MYKAROO SERVICE.  This Agreement sets forth the terms and conditions for you to use mykaroo.com and any related or successor site(s) thereto operated directly or indirectly by MyKaroo, and/or without limitation any separate site(s) or service(s) used by MyKaroo to provide any side window, chat room, q & a, blog, or bulletin board, relating to any instruction, service and/or product offered by MyKaroo, technical support, or hosting (singularly and collectively, the "Service"). 

MyKaroo grants you a limited, revocable, non-exclusive, non-transferable license to access the Service for your own personal use. When using the Service and related offerings provided by MyKaroo, you agree to abide by any applicable posted guidelines for using MyKaroo, which may change from time to time.  Should you object to any provision of this Agreement, or any subsequent modification thereto, or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service. 

    (a) Account Information Security, Identity, and Data Storage.  You are responsible for maintaining the confidentiality of your account information and similar personal information ("Account Information"), including your password and username, and for restricting access to your computer or mobile device. If you disclose your Account Information to anyone or share your account with another person or persons, you take full responsibility for their actions. MyKaroo cannot guarantee the security of Account Information and shall not be liable in any way for compromise of your Account Information. MyKaroo will not be liable for your losses caused by any unauthorized use of your account, and you may be liable for the losses of MyKaroo or others due to such unauthorized use. 

    (b) MyKaroo and Community Standards.  MyKaroo is controlled and offered by MyKaroo from its facilities in the United States of America. MyKaroo makes no representations that any part of MyKaroo is appropriate or available for use in other locations. Those who access or use MyKaroo from other jurisdictions do so at their own volition and are responsible for compliance with local law. While using the Software and the Service, you are a part of MyKaroo's community, which may, without limitation, include bulletin boards, forums, chat rooms, blogs, and user-created content that allow you and other users to post information, provide feedback, and to interact with others. You agree to respect the rights of other users as described in this Agreement.

        (i) Content.  As used in this Agreement, "content" means any and all postings, messages, text, files, images, photos, video, sounds, hyperlinks, programs, and similar materials. To "post" means to post on, transmit through, link from, and/or make available through, the Service or the Software. 

        You understand that all posted content is the sole responsibility of the person(s) who posted such content. You are entirely responsible for all content that you post. You understand that MyKaroo does not control, and is not responsible for, posted content. You may be exposed to content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Service and content may contain links to and comments on other websites that are completely independent of the Service. MyKaroo makes no representation or warranty as to the accuracy, completeness or authenticity of any information contained in any such site. You link to or comment on any other websites at your own risk. You agree that you must evaluate and bear all risks associated with the use of any content, and that under no circumstances will MyKaroo be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any posted content. 
    
        (ii) Transmission of Harmful Content.  You shall use MyKaroo for lawful and permitted purposes only. Transmission of any content in violation of any municipal, state, federal, foreign or other applicable regulation or law is prohibited. You shall not post content that: (1) infringes any proprietary rights of any third party; (2) violates any law or regulation; (3) is defamatory or trade libelous; (4) is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, intimidating, profane, pornographic, hateful, racially, ethnically or sexually discriminatory or otherwise objectionable in any way or that otherwise violates any right of another; (5) that encourages conduct that would violate any conduct prohibited by this Agreement; (6) restricts or inhibits any other user from using the Service, or from purchasing any offering sold by MyKaroo or through any of its advertisers; (7) is or amounts to an unsolicited advertisement, promotion, or other form of solicitation; or (8) impersonates any person or entity whether through digital or manual signature or otherwise or that directly or indirectly attempts to gain unauthorized access to any portion of the Service or any computer, Software, or data of any person, organization or entity that uses or accesses the Service. 
    
        (iii) Copyrighted Material.  You hereby warrant that you own or have legal permission to use (including, without limitation, the right to post) all content that you post. You shall respect the copyrights of others and only post content that you own or have legal permission to use (including, without limitation, the right to post). MyKaroo will ban repeat offenders and reserves the right to terminate any Users and ban such Users from use of the Service and/or Software after a single violation. 
    
        You retain ownership in any content that you post. You hereby grant to MyKaroo an irrevocable, perpetual, transferable non-exclusive license to be exercised by MyKaroo at its sole and absolute discretion throughout the Universe on or through any media and using any technologies, whether now known or later devised, including the right to grant sublicenses, to edit, copy, publicly display, publicly perform, publish, broadcast, retransmit, distribute, create derivative works of and otherwise to exercise and exploit, whether commercially or otherwise, any and all proprietary rights in and to any content you post. 
        
        (iv) Viruses.  You shall not post any content that a) contains or accesses software 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, or b) disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or c) otherwise negatively affects other users' ability to use the Service. 
        
        (v) Spamming.  You shall not directly or indirectly use MyKaroo or the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process. "Spam" or "Spamming" means any attempt to use a mailing list for the purpose of sending to a person or persons an unsolicited message, including, but not limited to, any advertisements. 
        
        (vi) Reuse of Content.  Any collection, aggregation, copying, harvesting, duplication, display or derivative use of MyKaroo, the Service, or posted Content, or any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose is prohibited unless expressly permitted by MyKaroo in writing. 
    
        Notwithstanding the foregoing, MyKaroo grants the operators of public search engines permission to use spiders to copy materials from the Service for the sole purpose of creating publicly available searchable indices of the materials. MyKaroo reserves the right to revoke these exceptions generally or in specific cases. 
        
        (vii) Screening and Removal of Content.  You acknowledge that, although MyKaroo may or may not screen content, MyKaroo has the right (though not the obligation) in its sole and absolute discretion to screen, refuse to post, reject, edit, remove or otherwise filter any content including, without limitation, any content that MyKaroo believes violates any term of this Agreement or for any other reason. 
        
        (viii) Compliance With Local Laws / Government Approval.  The Software, Service, and related offerings are controlled and offered by MyKaroo from its facilities in the United States of America. MyKaroo makes no representation that any part of the foregoing is appropriate or available for use in other locations.  You hereby warrant that you shall comply with all applicable laws and regulations in each city, region, province, state, country or other jurisdiction in which you act under this Agreement and that you will obtain any government approvals required pertaining to your use of each the Software, the Service, and/or any service covered by this Agreement.
    
        (ix) Indemnity.  You agree to indemnify and hold MyKaroo, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, advertisers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees, expert witness fees, and court costs, made by any third party due to or arising out of content you post, your use of the Service, your violation of this Agreement, your breach of any of the representations and warranties herein, or your violation of any rights of another. 
    
4. PARENTAL CONTROL PROTECTIONS.  MyKaroo hereby informs you of the availability of commercial parental control protections such as computer hardware, software and filtering services that may assist you in limiting access to content that is harmful to minors. While MyKaroo does not in any way endorse or recommend any vendors or the services that they provide, the following is a partial list of vendors of such software: netnanny.com, webwatcherkids.com, spectorsoft.com, and contentwatch.com.

5. PROHIBITING SERVICE ACCESS, COMPLAINTS, AND INVESTIGATION.  MyKaroo reserves the right to prohibit use of the Software, the Service or the purchase of any offering from the Service by any user who, in MyKaroo's sole and absolute discretion, violates any provision of this Agreement. Such prohibition may occur without notice to the user. If you believe a user is violating this Agreement, please contact us at info@mykaroo.com. 

MyKaroo reserves the right to investigate any suspected violation of this Agreement and may gather information from the user(s) and/or complaining party, if any, and examine any posted content. In addition to MyKaroo's foregoing investigation rights, you hereby expressly authorize MyKaroo to cooperate with: (i) law enforcement authorities in the investigation of suspected criminal violations, and/or (ii) system administrators at internet service providers, network or computing facilities and/or any other third party in order to enforce this Agreement or comply with any applicable law. Such cooperation may include, without limitation, MyKaroo providing your username, IP address, or other identifying information.

6. INTELLECTUAL PROPERTY. MyKaroo does not permit infringement of intellectual property rights on its website or Service, and will remove any content if properly notified that such content infringes on another's intellectual property rights. MyKaroo reserves the right to remove any content without prior notice. MyKaroo reserves the right to terminate your access to MyKaroo if you have been notified of infringing activity more than twice and/or have had content removed from MyKaroo more than twice. MyKaroo also reserves the right to decide whether any content is appropriate and complies with this Agreement for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length or size. MyKaroo may remove such content and/or terminate your access for posting such material in violation of this Agreement at any time, without prior notice and at its sole discretion.

If you are a copyright owner or an agent thereof and believe that any content on MyKaroo infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (per 17 U.S.C 512(c)(3)):
    
    a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    
    b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    
    c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
    
    d) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
    
    e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    
    f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    
    MyKaroo's designee to receive notifications of claimed infringement is: 
    
    MyKaroo Copyright Agent
    1164 Solano Ave #415
    Albany CA 94706
    dmca@mykaroo.com
    
    Only DMCA notices should go to the Copyright Agent; any other communications should be directed to MyKaroo's customer service through mykaroo.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

7. CHANGES TO THE AGREEMENT.  MyKaroo reserves the right, at its sole and absolute discretion, to change, modify or otherwise alter the terms and conditions of this Agreement at any time.  Such modification(s) shall become effective immediately upon the posting thereof. Use of any part of the Service or Software after such modification(s) constitutes acceptance thereof. You must review this Agreement on a regular basis to remain apprised of any changes. The most recent version of this Agreement may be accessed at any time at the MyKaroo website (mykaroo.com). 

8. TERM.  This Agreement shall continue for as long as you use the Software licensed herein or the Service, or until terminated by MyKaroo, whichever occurs first. 

9. FEES.  You acknowledge that MyKaroo reserves the right to charge for the Service and/or the Software and, if it does, to change its fees from time to time at its sole discretion. If MyKaroo terminates your use of the Service or Software  because you have breached this Agreement or any of MyKaroo's policies, you shall not be entitled to the refund of any unused portion of subscription fees. 

10. LIMITATION OF LIABILITY.  The limitation of liability is to the maximum extent permitted by applicable law. In no event shall MyKaroo, its shareholders, directors, officers, technical support / maintenance providers, distributors, advertisers, licensors and sublicensees, be liable for any damages, whether arising in contract, tort or otherwise and including, without limit, any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss or corruption of business information or other data, cost of cover, or any other pecuniary loss) arising out of the use of or inability to use the Software, the Service, or the failure to provide full or adequate support services, even if MyKaroo has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability, the above limitation may not apply to you.  

11. GOVERNING LAW/JURISDICTION.  This Agreement shall be exclusively interpreted, construed and enforced in all respects in accordance with the laws of the State of California (U.S.A.) without reference to its choice of law rules. You and MyKaroo agree that venue for any and all disputes hereunder, or action on any obligation hereunder, will be exclusively brought in an appropriate state court in Alameda County, California or in the United States District Court for the Northern District of California in San Francisco, California (U.S.A.), and you and MyKaroo irrevocably consent to the jurisdiction of such courts for any dispute hereunder or action on any obligation hereunder. 

Notwithstanding the foregoing, no action brought by either Party against the other for breach of this Agreement shall be limited to breach of contract remedies and either Party may bring any additional cause(s) of action that would otherwise be available to it, including and only as applicable based on the facts presented, copyright infringement pursuant to Title 17 of the United States Code. You hereby expressly and specifically waive any objection you may have, pursuant to the Eleventh Amendment to the United States Constitution or otherwise, to the jurisdiction of, or any award that could be granted by, the United States Federal Courts. 

12. GENERAL.  This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and merges and supersedes all prior agreements, writings, commitments, discussions and understandings between them. Except as provided in Section 5 above, no modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by each party hereto. If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included. MyKaroo's failure to act with respect to a breach or breaches by you or any third party does not waive MyKaroo's right to act with respect to a subsequent or similar breach or breaches. This Agreement shall be construed within its fair meaning and no inference shall be drawn against the drafting Party in interpreting this Agreement. 

[Revision 2.0, August 8 2007]
Our privacy notice and policy document is available here.