IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, OR IF AT ANY TIME, THE TERMS ARE NO LONGER ACCEPTABLE TO YOU, PLEASE CEASE USE OF THE SITE AND SERVICE IMMEDIATELY.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH COMPANY. PLEASE NOTE THAT, DEPENDING ON YOUR COUNTRY OF RESIDENCE, UNDER CERTAIN CIRCUMSTANCES YOU MAY BE ABLE TO BRING A DISPUTE BEFORE THE APPROPRIATE AUTHORITIES OR COURTS IN THE COUNTRY IN WHICH YOU RESIDE.
Some of Company other websites, services and tools may have additional terms that we provide to you when you use those websites, services or tools.
We invite You to use the Service solely for individual, consumer purposes ("Permitted Purposes") – enjoy!
By using the Service, You promise that You are at least 13 years of age. If You are not yet 18 years old, You must have the permission of an adult to use the Service and agree to its Terms, and that adult must be a parent or legal guardian who is willing to be responsible for Your use of the Service.
Notice to Parents and Guardians: By granting your child permission to use the Service, you agree to these Terms on behalf of your child. You are responsible for monitoring and supervising your child's use of the Service.
To use our Service, you agree to comply at all times with our COMMUNITY RULES, as may be amended from time to time. If you do not agree with our COMMUNITY RULES, you must discontinue use of the Service.
Capitalized terms not otherwise defined in the Terms have the meanings set forth as follows:
"Content" means and includes, without limitation, videos, audios, podcasts, visual and livestream media (including virtual and/or augmented reality), animations, photos, images, artwork, graphics, text, editorials, comments, writings, personal information, music, liner notes, lyrics, and other elements and materials, in video or similar media format now known or hereinafter devised, whether electronic, digital, analog or otherwise. By definition, Content encompasses “Kloojjed Content” and any components thereof. Content may be owned or controlled by Company and/or owned, controlled, submitted, uploaded, posted, displayed, or otherwise made available by You or by other Users as a Registered User(s) (as defined below).
"Kloojjing” or “To Kloojj” means the act of your discovering or gathering or opining or organizing or collecting or storing or presenting Content from a variety of sources regarding a specific subject matter or point of interest to your network of friends or publicly, via the Site, by way of uploading, sharing, reposting, and/or framing video Content. When you “Kloojj” Content, you find relevant content pertaining to a specific category or point of interest and keep it bookmarked for your personal use or for sharing it as information to your social network by re-sharing, reposting, framing, referencing, virtual clipping, and/or creating a curated version of the Content (i.e. producing it).
“Feedback” means any information you provide to us about the Site or Services, as a comment or evaluation.
“Flag” or “Flagging” means marking or identifying Content, in whole or in part, for review by Company on the basisof such Content violating our COMMUNITY RULES.
“User” means “you”, the user of the Service, whether you are an unregistered “Visitor" or a “Registered User.”
For so long as you agree to these Terms and abide by them, you may use the Service. These Terms apply to all Users of the Service, including Visitors and Registered Users who are also contributors of Content.
Certain portions of the Service may be offered at no cost, while certain features may be offered subject to fees. You agree to pay all applicable fees related to Your use of the Service which may apply, as these may be further described on our Site. We may suspend or terminate Your account and/or access to Our Service if Your payment is late and/or Your offered payment method (e.g., credit card or PayPal or similar type service) cannot be processed. By providing a payment method, You expressly authorize Us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on Your particular membership and utilized services. We understand that You might cancel Your account, but please know that WE WILL NOT PROVIDE ANY REFUND(S) AND YOU WILL BE RESPONSIBLE FOR PAYING ANY BALANCE DUE ON THE ACCOUNT. To make things less complicated, You agree that We may charge any unpaid fees to Your provided payment method and/or send You a bill for such unpaid fees.
Except with respect to Your Content and other Registered Users’ Content, you agree that, as between you and us, Company and its suppliers own all rights, title and interest in the Service and all tools, and all related intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Mobile Application or the Service. The Service as a whole is copyrighted as a collective work, and individual works or content appearing on or accessible through the Site owned by or licensed to Company or its content providers are likewise subject to copyright protection domestically and internationally. Likewise, all software, code, proprietary methods and systems used to provide the Service ("OurTechnology") may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Nothing in this Agreement grants You any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Site according to these Terms. Certain of the names, logos, distinctive features, source identifiers and other materials displayed on the Site or in the Services, including its “look and feel”, constitute trademarks, tradenames, service marks, trade dress or logos ("Marks") of us or other entities. All Marks not owned by Company that appear on this site are the property of their respective owners. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Unless you first obtain the copyright owner’s prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Site or the Services.
Please be aware that it is a federal crime and a violation of 18 U.S.C. § 1030 (The Computer Fraud and Abuse Act) to intentionally access a computer without authorization and to knowingly cause damages.
Any use of the Service in violation of these limitations set out in this Section is strictly prohibited, can result in the immediate revocation of your license and may subject you to liability for violations of law. Company reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms or the Service itself. Company reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service and/or informing the appropriate authorities.
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service. Company reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Company to investigate any suspected unlawful, fraudulent or improper activity, including, but not limited to, granting Company access to any password-protected portions of your Account. If you have a dispute with one or more users, you release Company (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
These Terms will become effective and binding when you use the Service, when you voluntarily provide any information about yourself to us, or when you indicate your agreement by following any instructions we place on the Site (such as buttons labeled “I Agree”). You do not need to inform us if you wish to stop using the Service. We reserve the right to terminate these Terms and your access to the Service at any time without notice. Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms. You understand and agree that upon termination of these Terms or your use of the Service, we retain the license rights granted to us upon any Content uploaded or provided on our Site. Notwithstanding the foregoing, after the termination of your Account we may delete your information from our servers except as required by law. You understand that if you want to use our Service after termination of Your Account, you may need to re-register and provide us with your information anew.
Without limiting other remedies, we also reserve the right to limit or partially terminate or suspend the Service and Accounts, prohibit access to the Site and its Content, services and tools, delay or remove any Content, take technical and legal steps to keep any Visitors or Users off the Site if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. For example, Company will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
Company reserves the right to decide whether Content violates these Terms for reasons other than copyright infringement, such as, but not limited to, obscenity or excessive size. Company may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's Account for submitting such material in violation of these Terms. Company will have no liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, shall survive termination of the Service, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
You agree to indemnify and hold Company, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Company Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, the Service; (c) your violation of these Terms; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations. Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, these Terms or your access to the Service.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR DOMESTIC AND PRIVATE USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. COMPANY DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE. YOU UNDERSTAND THAT COMPANY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OR CONTENT OF USERS OF THE SERVICE.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the disclaimers and limitations included in these Terms may not apply to you. To the extent that Company may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth in these Terms, the scope of such warranty, and the extent of Company’s liability, shall be the minimum permitted under such applicable law.
Please refer to our Copyright and Intellectual Property Infringement Notification page if you want to report copyright infringement, piracy, trademark violations or other legal issues.
We make available Mobile Applications to access the Service via a mobile device. To use the Mobile Application You must have a mobile device that is compatible with the mobile service. We do not warrant that the Mobile
Application will be compatible with Your mobile device. We hereby grant to You a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by You, for Your personal use.
You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that We may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that You are using on Your mobile device. You consent to such automatic upgrading on Your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and We and Our third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to Your use of the Mobile Application.
The following additional terms and conditions apply with respect to any Mobile Application that We provide to You designed for use on an Apple iOS-powered mobile device (an “iOS App”):
The following additional terms and conditions apply with respect to any Mobile Application that We provide to You designed for use on an Android-powered mobile device (an “Android App”):
Please Read This Provision Carefully. It Affects Your Legal Rights.
This Arbitration and Dispute Resolution provision (the “Provision”) facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between You and Us. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to You (such as Our licensors, suppliers, dealers or third-party vendors) whenever You also assert claims against Us in the same proceeding.
This Provision provides that all disputes between You and Us shall be resolved by binding arbitration because acceptance of These Terms constitutes a waiver of Your right to litigation claims and all opportunity to be heard by a judge or jury. We prefer this because We believe arbitration is less drama-filled than litigation. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees). EVERYONE AGREES THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution. For all Disputes, whether pursued in court or arbitration, You must first give Us an opportunity to resolve the Dispute which is first done by mailing us at Kloojj, L.L.C. 2777 East Camelback Road Suite 140 Phoenix AZ 85016 the following information: (1) Your name, (2) Your address, (3) A written description of Your Claim, and (4) A description of the specific relief You seek. If We do not resolve the Dispute within 45 days after receiving Your notification, than You may pursue Your Dispute in arbitration. You may pursue Your dispute in a court only under the circumstances described below.
Arbitration Procedures. If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either You or We may initiate arbitration proceedings. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
If you are a resident of the United States of America, the American Arbitration Association (“AAA”), www.adr.org will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879.
If you reside outside of the United States of America, arbitration shall be initiated and settled under the Rules of Arbitration of the International Chamber of Commerce (“ICC”) by one or more arbitrators appointed in accordance with the said Rules. The ICC Rules governing the arbitration are available online at http://internationalarbitrationlaw.com/about-arbitration/international-arbitration-rules/. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (USD $10,000.00 ) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (USD $10,000.00) or more, the right to a hearing will be determined by the ICC Rules. Any hearing will be held in the State of New York, USA, which is the place where the arbitral award shall be issued. The Parties are free to designate any other location for holding the hearings upon a mutual agreement and the ICC may designate hearings and meetings in any other place it deems appropriate. The language of the arbitration shall be English. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. Because this Site and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration - If you are a resident of the United States of America, You or We may initiate arbitration in the State of Arizona, United States of America. If you are resident outside of the United States of America, You or We may initiate arbitration in the State of New York, United States of America. In the event that You select a different forum, We may transfer the arbitration to Arizona or New York, as applicable, so long as We agree to pay any additional fees or costs which the arbitrator determines You incur as a result of the transfer.
Payment of Arbitration Fees and Costs – Each party is responsible for all fees and costs that it may incur in the arbitration, including but not limited to attorneys’ fees or expert witnesses.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Provision. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Severability. If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.
Continuation. This Provision shall survive the termination of Your account with Us or Our affiliates and Your discontinued use of this Site.
The communications between you and Company use electronic means, whether you visit the Service or send Company e-mails, or whether Company posts notices on the Service or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Company in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
If You are a resident of another country, you may report complaints to Your local consumer protection authorities.
You may not use, export, import, or transfer the Service except as authorized by the laws of the United States of America, the laws of the jurisdiction in which you obtained the Service, and any other applicable laws. You also will not use the Service for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Company are subject to the export control laws and regulations of the United States of America. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer the Company products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
If you have any questions, complaints or claims with respect to the Service, please contact us at email@example.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
We collect information about you directly from you, from third parties, and automatically through your use of our Services. We may combine information collected from or about you from these various sources.
Information We Collect Directly from You. We may collect information about you directly from you. For example, if you create an account with us, we will collect your name and email address. We will also collect any other information that you provide to us through our Services, such as your gender or age or your name, email address, and the contents of any message you send if you contact us through our Site.
Information We Collect About You from Third Parties. We may collect information about you from third parties. For example, if you log into our Services through a social media platform (e.g., Facebook or Google+), then we may collect information about you from that platform, including your username, password, profile picture, gender, age, and other information that you choose to share with us through that platform. Please note that any third-party social networking platform controls the information it collects from you. For information about how they may use and disclose your information, including any information you make public, please consult their respective privacy policies. We have no control over how any third-party platform uses or discloses the personal information it collects about you.
Information We Collect Automatically Through Our Services. We automatically collect information about you through your use of our Services. This information may include, without limitation, your IP address, browser type, device identifier, domain name, the website that led you to our Services, the website to which you go after leaving our Services, the dates and times you access our Services, the links you click and your other activities on our Services; the websites you visit while using our Plugin; the dates and times you use our Plugin; the length of Kloojjed Content; and other metadata. Please see our Cookies and Other Tracking Mechanisms section below for more information. We may combine information we collect automatically with information we collect directly from you.
We may use your information, including personal information and User Content, for the following purposes:
Providing and Improving Our Services. To provide and maintain our Services; to improve our Services; to develop new features, products, or services; to perform technical operations, such as updating software; and for other customer service and support purposes.
Marketing and Communications. To communicate with you about your account and use of our Services,including to send you product updates; to respond to your inquiries; to provide you with news and newsletters, special offers, promotions, and other information we think may interest you; and for other informational, marketing, or promotional purposes. Our communications with you may include communications via email. Please see our section regarding Your Choices for more information about how to change your communications preferences.
Research and Analytics. To analyze how you interact with our Services; to monitor and analyze usage and activity trends; and for other research, analytical, and statistical purposes.
Legal Compliance. To comply with applicable legal or regulatory obligations, including as part of a judicial proceeding; to respond to a subpoena, warrant, court order, or other legal process; or as part of an investigation or request from law enforcement or a governmental authority.
We may disclose your information, including personal information and User Content, as described to you at the time of collection or disclosure or as follows:
KLOOJJ Users. We may disclose your information to other KLOOJJ users if you elect to share information with KLOOJJ users. For example, if you share Kloojjed Content with another user, then the other user will see your such content and any comments you have attached to it.
Service Providers. We may disclose your information to our vendors, service providers, agents, or others who perform functions on our behalf. For example, we may disclose your information to third-party service providers to process payments on our behalf.
Other Unaffiliated Third Parties. We may disclose your information to other unaffiliated third parties, including for their own marketing purposes.
Business Transfers. We may disclose your information to another entity in connection with, including during negotiations of, an acquisition or merger, sale or transfer of a business unit or assets, bankruptcy proceeding, or as part of any other similar business transfer.
Legal Compliance. We may disclose your information to comply with applicable legal or regulatory obligations, including as part of a judicial proceeding; in response to a subpoena, warrant, court order, or other legal process; or as part of an investigation or request from law enforcement or a government official.
Aggregate or De-Identified Information. We may disclose aggregate, anonymous, or de-identified information about users for marketing, advertising, research, compliance, or other purposes.
Cookies. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Services, while others are used to enable a faster log-in process or to allow us to track your activities while using our Services. Most web browsers automatically accept cookies, but if you prefer,you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Services who disable cookies will be able to browse certain areas of the Services, but some features may not function (e.g., you may not be able to stay logged into your account).
Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier,similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (also referred to as web beacons, web bugs or pixel tags), in connection with our Services to, among other things, track the activities users of our Services, help us manage content, and compile statistics about usage of our Services. We and our third party service providers also use clear GIFs in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.
Our Services do not respond to Do Not Track signals. For more information about Do Not Track signals, please click here. You may, however, disable certain tracking as discussed in the Cookies and Other Tracking Mechanisms section above (e.g., by disabling cookies). You also may opt-out of certain interestbased advertising by following the instructions in the Interest-Based Advertising section below.
We may use third parties such as network advertisers to serve advertisements on our Services and on third-party websites or other media (e.g., social networking platforms). Use of such third parties would enable us and these third parties to target advertisements to you for products and services in which you might be interested. You may be able to opt out of third-party ad networks. For example, you may go to the Digital Advertising Alliance (“DAA”) Consumer Choice Page for information about opting out of interest-based advertising and your choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative (“NAI”) Consumer Opt-Out Page for information about opting out of interest-based advertising and your choices regarding having information used by NAI members.
Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will opt you out from those companies’ delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through our Services or on other online services. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads) or on a different device. Also, if your browsers are configured to reject cookies when you opt out on the DAA or NAI websites, your opt out may not be effective. Additional information is available on the DAA’s website at www.aboutads.info or the NAI’s website at www.networkadvertising.org.
We have taken steps to help protect the personal information we collect. However, no data security measures can guarantee 100% security. You should take steps to protect against unauthorized access to your device and account by, among other things, choosing a robust password that nobody else knows or can easily guess and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.
Changing Your Kloojjed Content Sharing Settings. You may change how your Kloojjed Content is shared by selecting ‘Private’ on the pop-up panel when creating Kloojj. A ‘Private’ Kloojj is seen only by you and those with whom you choose to share that Kloojj. You may change the privacy settings from ‘Private’ to ‘Public’ (and vice versa) at any time using the edit icon on the Kloojj panel. Please note, however, that we cannot restrain an individual with whom you have shared Kloojjed Content from further sharing such content (e.g., reposting it).
Opting out of Marketing Emails. We may send periodic promotional emails to you. You may opt out of such communications by following the opt-out instructions contained in the email. Please note that it may take up to ten (10) business days for us to process opt-out requests. If you opt out of receiving emails about recommendations or other information we think may interest you, we may still send you emails about your account or any Services you have requested or received from us.
If you are a California resident, then under Cal. Civ. Code § 1798.83 you may request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us at the contact information provided below. In your request, please attest to the fact that you are a California resident and provide a current California address for your response.
Our Services are not targeted to children under thirteen (13) years of age and we do not knowingly collect personal information from children under 13. If we discover that a child under 13 has provided us with personal information, we will promptly delete such personal information from our systems.
We respect the intellectual property rights of others and encourage You to do the same. Accordingly, We have a policy of removing Content that violate intellectual property rights of others, suspending access to the Service (or any portion thereof) to any user who uses the Service in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the Account of any User who uses the Service in violation of someone’s intellectual property rights.
Pursuant to Title 17 of the United States Code, Section 512, We have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If You believe Your copyright or other intellectual property right is being infringed by a user of this Site, please provide written notice to Our Agent for notice of claims of infringement:
Attn: Kloojj DMCA Agent, Email: firstname.lastname@example.org
To be sure the matter is handled immediately, Your written notice must:
Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.
We will notify You that We have removed or disabled access to copyright-protected material that You provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, You may provide Our Agent with a written counter-notification that includes the following information:
We reserve the right, in Our sole discretion, to terminate the account or access of any user of this Site or Service who is the subject of repeated DMCA or other infringement notifications.
Kloojj is all about participating, sharing and interacting in respectful and ingenious ways. We want you to let others know what you think, what you like, what you discover. Feedback is part of the experience, and when done with respect, can be a great way to make friends, share stories, and make your social life at Kloojj richer.
Be aware that We actually enforce these Rules. Please take them seriously and take them to heart.
Our staff reviews Flagged Content to determine whether it violates our Community Rules. If it does, we remove it, at our discretion. Accounts are penalized for Community Rules violations and serious or repeated violations can lead to account termination. If your Account is terminated, you won’t be allowed to create any new accounts.