Kudolife Terms of Use

By accessing or using the Kudolife Application, you agree to be bound by these Terms of Use (“Terms of Use” or “Agreement”). The “Service” is owned and controlled by Kudolife Enterprises Ltd., (“Kudolife”).

This Terms of Use was last updated on October 7, 2015.

BY CONTINUING TO USE THE SERVICES, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS AND ALL REVISIONS THEREOF.

Who May Use the Services

The Services are not intended for and are not designed for children under 13 years of age. If you are 13 or older but under the age of 18, then you agree to review the Terms of Use with your parent(s) or guardian(s) to ensure that both you and your parent(s) or guardian(s) understand and consent to the Terms of Use and that the user and his or her parent(s) or guardian(s) review and accept the Terms of Use on the user’s behalf through the Kudolife registration process. If the reader of the Agreement is a parent or guardian entering this Agreement for the benefit of a child over 14, then he or she agrees and accepts full responsibility for his or her child’s use of Kudolife and the Services, including all financial charges and legal liability that such child may incur.

You will NOT upload, post, or transmit (collectively, “submit”) any video, image, text, audio recording, or other work (collectively, “content”) that:

1. Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
2. Contains sexually explicit content or pornography;
3. Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
4. Exploits minors;
5. Depicts unlawful acts or extreme violence;
6. Depicts animal cruelty or extreme violence towards animals;
7. Promotes fraudulent schemes, unlawful business operations, online gaming and gambling, cash gifting, pyramid schemes, or any other dubious money-making ventures; or
8. Violates any law(s)

You will behave in a civil and respectful manner at all times and will not:

1. Act in a deceptive manner by, among other things, impersonating any person;
2. Harass or stalk any other person;
3. Harm or exploit minors;
4. Collect information about others.
5. Engage in unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”)
6. Attempt to restrict another user from using or enjoying the Service
7. Encourage or facilitate violations of these Terms of Use or any other Kudolife terms
8. You will not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.

In addition, you agree and understand that you may be held legally responsible for damages suffered by other Service users or third parties as the result of Your remarks, information, feedback or other content posted or made available on the Website that is deemed defamatory or otherwise legally actionable.

Under the Federal Communications Decency Act of 1996, Kudolife is not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback or other content posted or made available on the WebsiService.

License to use The Services

Your use of the Kudolife Service is also subject to our End User License Agreement which grants you a limited, non-exclusive license to access and use the Service for your own personal, non-commercial purposes. This includes the right to view content available on the Kudolife Service. This license is personal to you and may not be assigned or sublicensed to anyone else.

Except as expressly permitted by Kudolife in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Kudolife Service. You will not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Kudolife page is rendered or displayed in a user’s browser or device.

All rights not expressly granted by Kudolife are reserved. You will not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Kudolife.

Membership

To access and use the Kudolife Application, you must register as a member by providing a username, password, and valid email address. You must provide complete and accurate registration information to Kudolife and notify us if your information changes.

By creating an account you agree not to sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Kudolife prohibits the creation of and you agree that you will not create an account for anyone other than yourself.

You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer or mobile device that others have access to, you must log out of your account after using the Kudolife Application. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately at support@kudolife.com.

You further acknowledge that anything you upload, submit, post, transmit, communicate, share or exchange by means of the Service may be viewed on the Internet by the general public, and therefore, You have no expectation of privacy with regard to any such submissions or posting. You are, and shall remain, solely responsible for the User Content you upload, submit, post, transmit, communicate, share or exchange by means of the Service and for the consequences of submitting or posting same.

You understand Kudolife has the right, but not the obligation, to monitor all conduct on and content submitted to the Kudolife Application. Kudolife reserves the right to alter, edit, remove, or refuse to post any content, in whole or in part in its sole discretion or to satisfy or comply with applicable laws, regulations and/or legal processes.

By registering with the Service, your thereby consent to receive electronic communications, including email and instant messages from Kudolife and other members.

Content Submission

As between you and Kudolife, you own all content that you submit to the Service. You grant Kudolife and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called “moral rights” in your content. You further grant all users of the Kudolife Service permission to view your content for their personal, non-commercial purposes. If you make suggestions to Kudolife on improving or adding new features to the Service, Kudolife shall have the right to use your suggestions without any compensation to you.

Termination

These Terms of Use begin on the date you first use the Kudolife Application and continues as long as you have an account with us.

Violation of these Terms of Use may, in Kudolife’s sole discretion, result in termination of your Kudolife account. You understand and agree that Kudolife cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Kudolife, we can stop providing all or part of the Service to you, disallow re-registration, rewards, and block your email address and Internet protocol address to prevent further registration.

Upon termination, all licenses granted by Kudolife will terminate. All terms and provisions hereof shall survive the termination of this agreement. In the event of account deletion for any reason, content that you submitted may no longer be available. Kudolife shall not be responsible for the loss of such content.

Indemnification

You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Kudolife’s request), indemnify and hold Kudolife and its affiliates, directors, officers, employees, and agents, from and against all claims harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Kudolife in the defense of any claim.

Third Party Links and Content

The links on the Kudolife Sites and/or the Kudolife Application will let you leave the particular Kudolife Site or Kudolife Application you are accessing in order to access a linked site (the “Linked Sites”). Kudolife neither controls nor endorses these linked sites, nor has Kudolife reviewed or approved the content which appears on the linked sites. Kudolife is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any linked sites. You acknowledge and agree that Kudolife shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the linked sites.

Your participation, correspondence or business dealings with any third party found on or through the Kudolife Sites and Kudolife Application, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Kudolife shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

Medical Advice Disclaimer

The Kudolife Service is intended for informational and entertainment purposes only. Any nutritional information and terminology used in the Service including “targets” or “ideals” do not constitute and should not be interpreted as medical advice or opinion. Kudolife is not a medical organization and we cannot give you medical advice or diagnosis. Nothing contained in the Kudolife Services should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician or dietician consultation, evaluation, or treatment.

YOUR USE OF THE WEBSITE DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND KUDOLIFE.

YOU HEREBY AGREE THAT, BEFORE USING THE WEBSITE AND SERVICES, YOU SHALL CONSULT YOUR PHYSICIAN, PARTICULARLY IF YOU ARE AT RISK FOR PROBLEMS RESULTING FROM CHANGES IN YOUR DIET. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE KUDOLIFE APPLICATION OR WEBSITES. THE USE OF ANY INFORMATION PROVIDED ON THE KUDOLIFE APPLICATION OR WEBSITES IS SOLELY AT YOUR OWN RISK.

Nutritional Information

Kudolife’s food database has not been reviewed by persons with the expertise required to provide You with complete, accurate, or reliable information. KUDOLIFE DOES NOT (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY NUTRITIONAL INFORMATION IN THE FOOD DATABASE; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY SUCH NUTRITIONAL INFORMATION. UNDER NO CIRCUMSTANCES WILL MYFITNESSPAL BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON NUTRITIONAL INFORMATION. You are solely responsible for ensuring that any nutritional information in the Food Database is accurate, complete and useful.

Disclaimer

Kudolife reserves the right to modify the Kudolife Application. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Kudolife Application. Kudolife has no obligation to screen or monitor any content and does not guarantee that any content available on the Kudolife Application complies with this Terms of Use or is suitable for all users.

Kudolife provides the Kudolife Application on an “as is” and “as available” basis. You therefore use the Kudolife Application at your own risk. Kudolife expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, diet for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Kudolife makes no representations or warranties.

Concerning sites and resources outside of the Kudolife Application, even if linked to from the Kudolife Application.

To the extent that a secondary party may have access to or view Kudolife content on your computer or mobile device, you are solely responsible for informing such party of all disclaimers and warnings in this Terms of Use.

Kudolife reserves the right, but disclaims any perceived, implied or actual duty, to monitor disputes between Website members. You agree to hold Kudolife harmless in connection with any dispute or claim You make against any other member.

To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Kudolife Application, and no warranties shall apply after such period.

Although personal coaching is an important part of your success, your results will be solely dependent on your unique health condition(s) and your personal commitment to following a balanced diet. Kudolife meal plans are not a substitute for direct, personal, professional medical care and diagnosis. None of the meal plans should be performed or otherwise used without clearance from your physician or health care provider first.

Limitation of Liability

To the fullest extent permitted by law: (i) Kudolife shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) Kudolifes total liability to you shall not exceed the amounts paid by you to Kudolife over the twelve (12) months preceding your claim(s).

Intellectual Property

You acknowledge that the Kudolife Site and Application contain software, graphics, photos, or other material (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.

All Kudolife-generated Content and Content provided to Kudolife by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. and Canadian copyright laws; further, Kudolife owns a copyright in the selection, coordination, arrangement and enhancement of all Content in the Kudolife Site and Application. Subject to your compliance with these Terms, and solely for so long as you are permitted by us to access and use the Services, you may download one copy of the application to any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and are in compliance with these Terms of Use.

The Kudolife name, logos and affiliated properties, are the exclusive property of Kudolife Inc. All other trademarks appearing on the Services are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.

Copyright

Kudolife respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to the Kudolife Application do not infringe any third party copyright.

Kudolife will promptly remove materials from the Kudolife Application and Site in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright. In addition, Kudolife may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.

Filing a DMCA Notice to Remove Copyrighted Content-for Copyright Holders

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:

1. Your name, address, telephone number, and email address;

2. A description of the copyrighted work that you claim has been infringed;

3. A description of where on the Kudolife Application and Site the material that you claim is infringing may be found, sufficient for Kudolife to locate the material (e.g., the URL);

4. A statement that you have in good faith believe the copyrighted work is not authorized by the copyright owner, its agent, or the law.

Governing Law

This Terms of Use shall be governed by the laws of the British Columbia, Canada without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.

Disputes

Any action arising out of or relating to this Terms of Use or your use of the Kudolife Application must be commenced in the Province or Provincial Courts located in Vancouver, British Columbia, Canada (and you consent to the jurisdiction of those courts). In any such action, Kudolife and you irrevocably waive any right to a trial by jury.

Intrepretation; Severability; Waiver; Remedies

Headings are for convenience only and shall not be used to construe the terms of this Terms of Use. If any term of this Terms of Use is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Terms of Use. No failure or delay by Kudolife in exercising any right hereunder will waive any further exercise of that right. Kudolifes rights and remedies hereunder are cumulative and not exclusive.

Successors; Assignment; No Third Party Beneficiaries

This Terms of Use is binding upon and shall insure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Terms of Use without Kudolifes prior written consent. No third party shall have any rights hereunder.

Notices

You consent to receive all communications including notices, Terms of Uses, disclosures, or other information from Kudolife electronically. Kudolife may provide all such communications by email or by posting them on the Kudolife Application or Site. For support-related inquiries, you may send an email to support@kudolife.com or the following address:

Kudolife, Inc.
101 – 8838 Heather St
Vancouver, BC V6P 3S8