Terms of Use

1. ACCEPTANCE OF TERMS

These Terms of Use (these "Terms") are legal agreements between you and KUKUHUB (collectively, "KUKU”, "we," "us" or "our") providing, among other things, the terms and conditions for your access to and use of arious websites provided by KUKUHUB, including our website at www.kukuhub.com and all associated sites linked to www.kukuhub.com by KUKUHUB (collectively, the “Site”). Please read the Terms carefully and print a copy for your records.

Please read the following terms and conditions carefully. By accessing the Site or any of the services provided to you through the Site, you acknowledge that you have read, understood, and agreed to be bound by the following terms and conditions, the KUKUHUB Privacy Policy, and the KUKUHUB Affiliate Agreement (available at www.KUKUHUB.com) (together, these“Terms”). If you do not agree to, or cannot comply with these Terms as amended, you should not use this Site.

We reserve the right to update these Terms at any time without notice to you. You will be deemed to have accepted there Terms as amended if you continue to use this Site after any amendments are posted on this Site. In the case of any violation against the provisions of these Terms, KUKUHUB shall have the right to seek legal and fair remedies.

 

2.OUR WEBSITE CONTENT

The Website Contents include but are not limited to text, images, data, points of views, suggestions, web pages, and links offered on or through the Website. This Website and its contents are provided for your convenience only. Although KUKUHUB has attempted to provide accurate information on this Website, it assumes no obligation or responsibility whatsoever regarding the accuracy and completeness of the information. KUKUHUB may change the contents available on this Website or the products mentioned at any time and without notice.

ALL INFORMATION PROVIDED ON THIS WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES, GUARANTEES OR REPRESENTATIONS OF ANY KIND. KUKUHUB HEREBY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

 

3. USER CONTENT

1. User Content Generally

Certain features of the Site, such as the comment section, may permit users to upload content to the Site, including messages, reviews, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Site. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Site.

 

2. Limited License Grant to KUKUHUB

By posting or publishing User Content, you grant KUKUHUB a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.

 

3. Limited License Grant to Other Users

By posting or sharing User Content with other users of the Site, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Site.

 

4. User Content Representations and Warranties

You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that:

a). you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize KUKUHUB and users of the Site to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by KUKUHUB, the Site, and these Terms;

b). your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause KUKUHUB to violate any law or regulation.

 

5. User Content Disclaimer

KUKUHUB is under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. KUKUHUB may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when accessing the Site you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against KUKUHUB with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, KUKUHUB does not permit copyright-infringing activities on the Site.

 

4. USING THE SITE

By using the Site, and by entering into these Terms, you represent and warrant that your use of the Site complies and will comply with all applicable laws, statutes, and regulations, and that you will not use the Site except as expressly permitted under these Terms. For users located in China, you agree to comply with the “People’s Republic of China on Guarding State Secrets Law,” “Copyright Law of People’s Republic of China,” “Regulations on Protection of Computer Information System Security People's Republic of China,” “Regulations on Computer Software Protection,” “Internet Electronic Bulletin Site Management Requirements,” “Information Network Transmission Right Protection Ordinance” and other applicable laws and regulations, the implementation approach. KUKUHUB reserves the right to review, remove, or disable access to User Content in violation of the applicable laws and regulations in China. KUKUHUB also welcomes users to report any User Content that is in violation of applicable laws or regulations.

 

5. PROHIBITED CONDUCT

By using the site you agree not to:

1. Access the Site for any illegal purpose or in violation of any local, state, national, or international law;

2. Conduct activities that may be harmful to others or that could damage KUKUHUB’s reputation;

3. Violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right or violating any third party’s right to privacy;

4. Interfere with security-related features of the Site, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Site except to the extent that the activity is expressly permitted by applicable law;

5. Interfere with the operation of the Site or any user’s enjoyment of the Site, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Site; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Site, or violating any regulation, policy, or procedure of any such network, equipment, or server;

6. Perform any fraudulent activity in connection with your obtaining or accessing the Sites, including impersonating any person or entity, claiming a false affiliation, or accessing any other user order information without permission;

7. Sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 10) or any right or ability to view, access, or use any Materials;

8. Bypass any security or other features of the Site designed to control the manner in which the Site is used, harvest or mine User Content from the Site, or otherwise access or access the Site in a manner inconsistent with individual human usage;

9. Use any robot, spambot, spider, crawler, scraper or other automated means or interface not provided by us to access the Site or to extract data;

10. Use, display, mirror, frame or utilize framing techniques to enclose the Site or User Content, or any portion thereof, unless and solely to the extent KUKUHUB makes available the means for embedding any part of the Site or the User Content;

11. Access, tamper with, or use non-public areas of the Site, KUKUHUB’s (and any of its hosting company’s) computer systems and infrastructure, or the technical delivery systems of KUKUHUB’s providers;

12. Access the Site in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party;

13. Sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Material;

14. Attempt to do any of the acts described in this Section 5, or assist or permit any person in engaging in any of the acts described in this Section 5.

 

6. ELIGIBILITY

You must be at least 16 years of age to access the Site. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 16 years of age; (b) you have not previously been suspended or removed from the Site; and (c) your access to the Site is in compliance with all applicable laws and regulations. If you are accessing the Site on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.

 

7. PURCHASES; ADDITIONAL TERMS AND CONDITIONS

Purchases of goods or services, and specific sections of the Site may be subject to additional terms and conditions; all additional terms are incorporated into these Terms by reference. You agree to abide by all such other terms and conditions, including representations of having sufficient legal age to use certain portions of the Site or services. If there are any conflicts between these Terms and terms that are specific to a section of the Site or specific to a particular service offered by the Site, you agree that the latter terms will control with respect to your use of that section of the Site or those particular services.

 

8. TERMINATION OF USE; DISCONTINUATION AND MODIFICATION OF THE SITE

If you violate any provision of these Terms, your permission from us to access the Site will terminate automatically. In addition, KUKUHUB may in its sole discretion terminate your access to the Site at any time for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the Site or features of the Site at any time, temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Site or any suspension or termination of your access to or access to the Site. Without limiting the foregoing, you understand and agree that in any termination or suspension of your order information or the Site, you will not have access to any data or content posted to the Site or otherwise contained in the Site, and we will have no responsibility to provide you access to such data or content.

 

9. PRIVACY POLICY; ADDITIONAL TERMS

1. Privacy Policy

Please read the KUKUHUB Privacy Policy at www.kukuhub.com carefully for information relating to our collection, use, storage and disclosure of your personal information. The KUKUHUB Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

 

2. Additional Terms

Your access to the Site is subject to all additional terms, policies, rules, or guidelines applicable to the Site (the “Additional Terms”), such as the Terms of Sale. All Additional Terms are incorporated by this reference into and made a part of these Terms.

 

10. OWNERSHIP; PROPRIETARY RIGHTS

The Site is owned and operated by KUKUHUB. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Site (“Materials”) provided by KUKUHUB are protected by intellectual property and other laws. All Materials contained in the Site are the property of KUKUHUB and its third-party licensors. Except as expressly authorized by KUKUHUB, you may not make use of the Materials. KUKUHUB reserves all rights to the Materials not granted expressly in these Terms.

 

11. TRADEMARK

All trademarks and logos displayed, mentioned, or otherwise used in the Site are property of KUKUHUB or its licensors as stated if applicable. You are not permitted to use any of these trademarks or logos in any way without explicit prior written permission from KUKUHUB or such licensors as applicable.

 

12. FEEDBACK

If you choose to provide input or suggestions regarding problems with, or proposed modifications or improvements to, the Site or any of the services or products made available by KUKUHUB (“Feedback”), then you hereby grant KUKUHUB an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit such Feedback in any manner and for any purpose with no duty to make any payments to you for such exploitation.

 

13. INDEMNITY

You are responsible for your access to the Site. You will defend and indemnify KUKUHUB and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “KUKUHUB Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Site; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy, right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

 

14. LIMITATION OF LIABILITY

Neither KUKUHUB nor any of its affiliates, subsidiaries, directors, agents, employees or other representatives shall be liable for any direct, indirect, special, incidental, consequential, punitive, and/or exemplary damages including without limitation, loss of profits or revenues, loss of data, and/or loss of business, in connection with the Site or the use of or inability to use the Site or reliance on the contents contained herein, even if KUKUHUB is advised of the possibility of such damages. Unless otherwise agreed in writing by KUKUHUB in any sales contract, to the extent permitted by the applicable law, KUKUHUB shall not be liable for the materials of the Site, regardless of the reason of the liability or the tort theory it based on.

 

15. APPLICATION LAW AND DISPUTE RESOLUTION

You agree that your access and all related activities on or through the Site shall be governed by, construed, and interpreted in accordance with the laws of the People's Republic of China. You agree that any dispute between the parties arising out of or in connection with these Terms or your access and all related activities on or through the Site shall be governed by a court with jurisdiction in Shenzhen, Guangdong Province of the People's Republic of China.

 

16. CONTACT INFORMATION

Contact us via email at info@kukuhub.com.