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Cyanide & Happiness


By Jake Doe

$558K

$750K

74%

of goal reached

 

21

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(ends 12.01.14)

Cyanide & Happiness


By Jake Doe CONTACT FILMMAKER

$558K

$750K

74%

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days left

(ends 12.01.14)

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$558K

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(ends 12.01.14)
Synopsis: Lea iracundia contentiones vituperatoribus has, an quo aliquip mnesarchum, eos velit oratio bonorum et. Nam ne timeam expetendis, mea id summo omnes accommodare. Veniam constituto vim ne, no volutpat constituto quo. Audiam forensibus in usu, ut decore ceteros vim! Enim wisi vix ad, legere fabellas nominati sed ne, ut pro dico atqui. Eu eum minimum epicurei cotidieque?

Partner's Statement: Et dolores gubergren pro? Vel in dolore utamur vivendum. Sit vidisse omnesque persequeris no, in per tollit dolores reformidans, dico saepe molestie at qui. Pro quas mediocritatem ad!

Tags: Documentary, Rafting, Cultural, Nature, Travel, Slow Motion, Visually-Striking

Hardware Upgrades! • 11.02.13

by Jon Doe

Lorem ipsum dolor sit amet, consectetur adipisicing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Excepteur sint occaecat cupidatat non proident.


Hardware Upgrades! • 11.02.13

by Jon Doe

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Hardware Upgrades! • 11.02.13

by Jon Doe

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Terms of Use Agreement
Last updated: 8/8/2014

1. Description of Service, Acceptance of Terms, Modification

NuKhu Inc. (“Company”) provides users (each, a “User”; collectively, the “Users”) with use of the web pages located at https://www.nukhu.com and related subdomains (collectively, the “Site”) and other features, functions and services on the Site (collectively, the “Service”). Certain portions of the Site and the Service may be available only to Users who become members of the Site (each, a “Member”). To become a Member, you must provide Company with certain personal information and create an account.

This Terms of Use Agreement (the “Terms of Use” or “Agreement”) is a legally binding agreement between Company and you, a User of the Site or Service. If you choose to use the Site or Service, you agree to abide by these Terms of Use. Company reserves the right, in its sole discretion, to change these Terms of Use at any time by posting an updated version of the Terms of Use on the Site. If Company makes a material change or amendment to these Terms of Use, it will notify Users by posting a notice on the Site. Any material change or amendment to these Terms of Use shall be effective automatically 30 days after such notice is posted or, for Users who register or otherwise consent during the 30 day period, at the time of registration or consent, as applicable. IF ANY TERM OF THIS AGREEMENT, OR ANY FUTURE CHANGE TO THIS AGREEMENT, IS UNACCEPTABLE, A USER SHOULD NOT USE THE SITE OR SERVICE.

Company may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. Company may also impose limits on certain features and services or restrict a User’s access to parts or all of the Service without notice or liability.

In addition, in connection with the use of certain features, functions or services on the Site, a User and Company shall be subject to any additional terms, guidelines or rules applicable to such feature, function or service, as may be posted from time to time on the Site (collectively, “Guidelines”). All such Guidelines are hereby incorporated by reference into this Agreement. Company may also offer other features, functions or services from time to time that are governed by different terms of service. Unless explicitly stated otherwise, such features, functions or services shall be subject to this Agreement.

2. Privacy

User privacy is very important to Company. You should review the Company’s Privacy Policy [Go to Policy], which also governs use of the Service and Site, to understand Company’s practices.

3. License and Site Access

Company grants each User a non-transferable, non-sublicensable limited license to access and make personal use of the Site and the Service. Each User agrees not to download (other than page caching) or modify the Site, content appearing on the site, or any portion of either the Site or site content, except with the express written consent of Company. The foregoing license does not permit: any resale of content on, or commercial use of, the Site, the Service, or the Site’s contents; any downloading or copying of User or Site information or contents for the benefit of another merchant; or any use by a User of data mining, robots, or similar data gathering or extraction tools. The foregoing license shall automatically terminate upon any unauthorized use by a User. The Site, Service, or any applicable portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the express written consent of Company. Users may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, content, text, page layout, or form) of Company and our affiliates or other Users without the express written consent of Company, except as otherwise provided and made available through the Site or Service. Users may not use any meta tags or any other “hidden text” utilizing Company’s name or trademarks without the express written consent of Company. Each User is granted a limited, revocable, and nonexclusive right to create a hyperlink to Company so long as the link does not portray Company, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. Users may use the Company logo or other proprietary graphic or trademark of Company as part of the link, subject to Company’s usage requirements and Company’s right to revoke such permission in its sole discretion.

4. Account, Password, Security

a. A User will be required to designate a password and username when registering as a Member. Each User is responsible for maintaining the confidentiality of their password and account and is fully responsible for all activities that occur under their account, whether or not such activities are authorized by the User. Each Member hereby agrees not to share their username and password combination with anyone. Each Member agrees to: (i) immediately notify Company of any unauthorized use of their password or account or any other breach of account security; and (ii) ensure that they exit from their account at the end of each session. Company cannot and will not be liable for any loss, damage or charges incurred arising from a Users failure to comply with this this Section 4.
b. Each User agrees to provide true, accurate, current and complete information about themselves as prompted by the Site’s registration process (such information, the “Membership Data”) and to register as a Member only once, if ever. If a User does not, or Company has reasonable grounds to suspect that a User has not, Company has the right to suspend or terminate the User’s account and refuse any and all current or future use of the Site and Service.
c. Company reserves the right to approve any User’s application to be a Member at any time, for any reason and with any conditions at the sole discretion of Company. Company reserves the right to terminate any Member account at any time, for any reason and with any conditions at the sole discretion of Company.

5. International

Each User agrees to not use the Site, or export any portion of the Site, including the User Content (defined below), in violation of applicable export regulations. Each User is responsible for adhering to all relevant local and national laws.

6. Uploaded Content

a. A User should carefully choose the words, information, content, messages, text, files, images, photos, video, sounds, profiles, works of authorship or any other materials they post, upload, link to, publish, exchange, or display on the Site or through the Service (any such content that a User provides or makes available, their “User Content”). Each user is responsible for their User Content as set forth below. User Content or information provided by Users other than you may contain inaccurate, inappropriate or offensive material, products or services, and Company assumes no responsibility or liability for such material.
b. Company reserves the right, in its sole discretion, to reject, refuse to post or remove or modify any User Content posted by a User, or to restrict, suspend, or terminate any User’s access to all or any part of the Site or the Service at any time, for any or no reason, with or without prior notice, and without liability.
c. User Content that each User provides or makes available shall not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, violate any confidentiality agreement or other contract or be otherwise injurious to third parties or objectionable and shall not consist of, or contain, software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” Commercial advertisements, affiliate links and other forms of solicitation may be removed from posts or accounts without notice and may result in termination of a Member’s privileges. Users shall not use a false email address, impersonate any person or entity or otherwise mislead as to the origin of any User Content. Company has the right, but not the obligation, to remove or edit User Content, but does not regularly review User Content. Company takes no responsibility and assumes no liability for any User Content.
d. The following is a partial list of the kind of User Content that is illegal or prohibited on the Site and the Service. Company reserves the right to investigate and take appropriate legal action in its sole discretion against any User who violates this provision, including, without limitation, by removing the offending User Content from the Site or Service and terminating the membership of Members in violation. Prohibited User Content includes content that: (i) is obscene, patently offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) harasses or advocates harassment of another person; (iii) involves the transmission of “junk mail”, “chain letters” or unsolicited mass mailing or “spamming”; (iv) consists of information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) consists of an illegal or unauthorized copy of a copyrighted work, such as sound recordings, musical compositions and videos in which a User does not personally own the copyright or otherwise does not have the necessary authority from the copyright owner(s); (vi) computer programs or links to them or providing information to circumvent manufacturer-installed copy-protect devices, or infringing materials; (vii) contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page); (viii) provides material that exploits people under the age of 18 or solicits personal information from anyone under 18; (ix) provides instructional information about illegal activities; (x) solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; (xi) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, advertising or pyramid schemes; or (xii) uses any unfair, misleading or deceptive content intended to draw traffic to the profile.

7. Intellectual Property

As between each User and Company, and subject only to any other applicable written agreement a User may have with the Company, the Company is the owner of all intellectual property rights, including, without limitation, all copyrights, patents, trademarks associated with the Site and the Service, including all associated software, logos, text and graphics. Each User agrees not to use any Company intellectual property without Company’s prior permission. Each User grants to the Company a nonexclusive, irrevocable, worldwide, perpetual, unlimited, fully paid up and royalty-free right to copy, prepare derivative works of, improve, distribute, publish, perform, display, use and commercialize, in any way now known or in the future discovered, including, without limitation, for the purposes of promoting the Company, any User Content such User uploads or makes available through the Service or to the Site or otherwise provide to Company. Each User also grant to each other User a non-exclusive license to access their User Content through the Site and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Site and Service under these Terms of Use.

8. Conduct and User/Member Management

a. Each User agrees to abide by these Terms of Use, obey any rules of conduct made available to you by Company via the Site or Service and not use the Service to: (i) interfere with, manipulate or take any actions that may undermine the integrity of any system used on the Site; (ii) interfere with or disrupt the Site or Service or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; (iii) collect or store personal data about other Users; (iv) harass, abuse, or harm another person; or (v) contact, advertise to, solicit or sell any product or service to any other User without their prior explicit consent or the written consent of Company.
b. Without limiting other remedies, Company and its affiliates may immediately warn Users of your actions as a User, issue a warning, temporarily suspend, indefinitely suspend or terminate your Member status, if applicable, freeze your transactions and refuse to provide the Service, or part thereof, to you if: (i) as a User, you breach, or Company has reason to believe that you have breached, these Terms of Use or any term incorporated herein by reference; (ii) Company is unable to verify or authenticate any information you provide to Company as a User; or (iii) Company believes that your actions as a User may cause financial loss, legal liability or other harm to you, Company or Users. Further, a User’s Member status may be terminated, if applicable, and such User may be denied access to the Site and/or Service if such User breaches any other agreement between such User and Company.
c. Each User is solely responsible for their interactions with other Users of the Site. Each User individually acknowledges, consents and agrees that Company may access, preserve and disclose communications between Users, User Content and any other information such User provides in accordance with the terms of the Privacy Policy [Go to Policy] if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in Company’s sole opinion to: (i) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (ii) enforce this Agreement; (iii) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (iv) respond to customer service inquiries; or (v) protect the rights, property, or personal safety of the Site, the Company, Users or the public.
d. Each User acknowledges and agrees that the Company may block such User’s access to or use of the Site and Service and/or revoke such User’s Member status if such User fails to abide by these Terms of Use. Each User acknowledge that the Company reserve the right to take action – technical, legal or otherwise – to block, nullify or deny such User’s ability to utilize or participate on the Site. Each User understands that we may exercise the foregoing right in its sole discretion. Company reserves the right to: (i) delete any or all User Content and/or information provided by such User or such User’s agents; (ii) discontinue such User’s Member status and account, if any; (iii) discontinue such User’s subscription to any digital product, data, content, tool or service used or purchased through the Site or Service; (iv) notify and fully cooperate with the proper law enforcement authorities for further action; and (v) take any other action which Company deems to be appropriate in the applicable circumstances. If Company discontinues your ability, as a User, to access the Site or Service, or part thereof, and/or any other service, product, content, data, tool or digital product provided to you due to your violation of any portion of these Terms of Use, then you shall not attempt to re-register with or access the Site or Service through use of a different username or otherwise, and you acknowledge that you will not be entitled to receive a refund for any related fee.

9. Use & Storage

Each User acknowledges that Company may establish general practices and limits concerning use of the Site and Service, including, without limitation, the maximum number of days that such User’s User Content will be retained by or made available through the Site or Service, the maximum disk space that will be allotted on Company’s servers on such User’s behalf, and the maximum number of times (and the maximum duration for which) such User may access the Service in a given period of time. Each User agrees that Company has no responsibility or liability for the blocking, deletion or failure to store any User Content maintained or transmitted by the Service. Each User acknowledges that Company reserves the right to cancel Member accounts that are inactive for an extended period of time. Each User further acknowledges that Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

10. Third-Party Content, Links and Syndication

The Site and the Service may include User Content, third-party content and syndicated content, as well as third party applications, services, advertisements, or links (collectively, “Third Party Content”). Company has no control over, and assumes no responsibility for, Third Party Content or the terms and conditions of use, privacy policies or practices associated therewith. By using the Site, each User acknowledges and agrees that Company shall have no liability arising from such User’s use of any Third Party Content and that such User shall assume the sole responsibility for and risk associated with such User’s use of Third Party Content. Accordingly, Company encourages each User to be aware when the User leaves the Site and to read the terms and conditions and privacy policies associated with any Third Party Content. In addition, Company will not and cannot censor or edit Third Party Content, and does not endorse any Third Party Content by virtue of its inclusion in the Site or Service. Any correspondence, business dealings with, syndication, linking or participation in promotions of third parties found on or through the Site or Service, including payment or delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the applicable User and such third parties. Company has no control over third-party websites or resources and, as such, each User acknowledges and agrees that Company is not responsible for their availability, reliability or functionality.

11. Payments/Currency

a. You, a User, hereby represent and warrant that you have the legal right to use any credit card or other payment means used by you in connection with the Site or Service. You acknowledge that any payment information provided by you will be treated by Company in accordance with its Privacy Policy [Go to Policy]. You grant Company the right to provide such information to third parties in order to facilitate the completion of transactions initiated by you or on your behalf through the Site and/or Service. Verification of such information may be required prior to acceptance of any order or the processing of any transaction. The cost and availability to you of Services offered or purchased by you through the Site are subject to change without notice. You agree to pay all charges that may be incurred by you, or on your behalf, through or relating to the Service and/or the Site, at the prices in effect when such charges are incurred. You shall be responsible for any and all taxes that may be applicable to transactions on the Site or in connection with your use of the Site and Service, and you agree that such taxes, if any, are not the responsibility of Company.
b. Certain transactions on the Site or in connection with the Service may make use of a virtual currency (referred to herein as “NuPoints”). Each NuPoint is anticipated to cost ten cents ($0.10 US) to each User, subject to change by the Company in its sole discretion and without notice. NuPoints cannot be redeemed for cash under any circumstances. Members will be able to view their current NuPoint balance on the Site, subject to the terms hereof. All payments made with NuPoints or otherwise in connection with the Site or Service are final and nonrefundable and the Company may add or remove Services purchased with NuPoints or otherwise at any time in its sole discretion; provided that Company may, in its sole discretion, authorize refunds if it determines that the applicable circumstances warrant a refund.
c. You are responsible for all charges associated with accessing and connecting to the Site and Service, including, without limitation, all telephone and internet access lines (including long-distance charges, if applicable), telephone and computer equipment and any data and/or service fees.

12. Termination

Company may terminate this Agreement at any time for any reason. Sections 6, 7, 13, 14, 15, 16, 17, 18, 19 and any other provisions which by their nature should survive, shall continue in full force and effect upon any termination of this Agreement.

13. Representations & Warranties

a. Each User, by using the Site and/or Service, represent and warrant that the User has the full authority to act on their own behalf and that either (i) the User is over 18 years of age, and is fully able and competent to enter these Terms of Use or (ii) the User is between the ages of 13 and 18 and has obtained parental consent prior to using the Site or the Service and, for the avoidance of doubt, prior to initiating any transaction in connection therewith. Each User further represent and warrant that they will abide by and comply with these Terms of Use and has obtained all necessary third-party consents, licenses and permissions necessary to enter into and fully perform their obligations herein. A User’s access to the Site or Service or Member status may be deleted or blocked without warning if it is found that such Member has misrepresented their age. Do not use the Site or Service if you are under 13 years of age. Use of Member accounts is solely for the applicable Member’s personal use, and a Member shall not authorize others to use their Member account.
b. Each Member represents and warrants that they are solely responsible for all User Content posted, uploaded, published or displayed through their User account, including any messages, and for their interactions with other Users. Each User shall be solely responsible for their User Content and the consequences of posting or publishing it. In connection with your User Content, if any, you affirm, represent, and warrant that: (i) no User Content or any use thereof by Company will defame any third party or infringe upon or violate any other rights of any third party, including, without limitation, any patent, trademark, copyright, trade secret right, contractual right, right of publicity or right of privacy; (ii) you own or have the necessary licenses, rights, consents and permissions to transfer to Company all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content in the manner contemplated by these Terms of Use; (iii) you have the written consent, release and permission of each and every identifiable individual person in the User Content to use the name or any likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Site and these Terms of Use; and (iv) you have fully paid any and all royalties which may be due to any person or entity which may be due pursuant to your submission of any and all User Content.
c. Each User represents and warrants that such User will not act in any manner, or post or upload any User Content, that conflicts or interferes with any existing commitment or obligation of such User, and that no agreement previously entered into by such User will interfere with the performance of their obligations under this Agreement.
d. Each User represents and warrants that their use of the Site and Service will, at all times, be in compliance with any applicable laws, rules and regulations of any governmental authority.
e. Each User represents and warrants that they will not use the Site or Service to upload, post, link to, email, transmit, make available or otherwise utilize any code, files, programs, viruses, materials or mechanisms designed to interrupt, destroy, alter or limit the functionality of any computer software, hardware, any telecommunications equipment, database or other proprietary material or equipment.

14. Disclaimers

Each User acknowledges that any reliance on any opinion, advice, statement, or information available on the Site or the Service is at the User’s sole risk. Company makes no warranty as to the quality, accuracy, completeness, and validity of any materials on the Site or the Service and does not warrant that the functions contained on the Site will be uninterrupted or error-free, or that defects will be corrected. The Site and the Service may contain views, opinions, statements, and recommendations of third-party individuals and organizations, and Company does not represent or endorse the accuracy, correctness, or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Site or the Service. Company may periodically schedule system downtime for maintenance and other purposes, with or without notice to Users. Unplanned system outages may occur. Company has no liability whatsoever for: (i) the resulting unavailability of the Site; (ii) any loss of data or transactions caused by planned or unplanned system outages; (iii) the resultant delay, misdelivery or nondelivery of information caused by such system outages; or (iv) any third party acts or any other outages of web host providers, internet service providers or the internet facilities and networks.

EACH USER’S USE OF THE SITE AND SERVICE AND ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR SERVICE IS AT SUCH USER’S SOLE RISK. THE SITE AND SERVICE AND ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY EACH USER THROUGH THE SITE OR SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTY THAT: (I) THE SITE OR SERVICE OR ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS PURCHASED OR OBTAINED BY A USER THROUGH THE SITE OR SERVICE WILL MEET SUCH USER’S REQUIREMENTS OR NEEDS; (II) THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICE OR ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR SERVICE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS PURCHASED OR OBTAINED BY A USER THROUGH THE SERVICE WILL MEET SUCH USER’S EXPECTATIONS; AND (V) ANY ERRORS IN SITE OR SERVICE SOFTWARE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY A USER FROM COMPANY OR THROUGH OR FROM THE SITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

15. Indemnification, Limited Liability, Class Action Waiver

a. You, as a User, hereby indemnify and hold harmless, and upon Company’s request, defend, Company, its parent and subsidiary companies and affiliates, and its and their respective principals, directors, officers and employees, (the forgoing, collectively, the “Company Parties”) from and against any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees and costs) arising out of any claim, action, or proceeding brought by a third party based on: (i) your use of the Site and Service; (ii) a breach of any warranty, representation, covenant or obligation made by you, as a User, under this Agreement; or (iii) your violation of any third party right, including, without limitation, any allegation that any User Content provided, uploaded, syndicated, linked to or authorized by or on behalf of you hereunder, or Company’s or any User’s use thereof, violates or infringes the rights of another individual or entity. Each User agrees to reimburse each applicable Company Party on demand for any actual payments made in resolution of any liability or claim that is subject to indemnification under this Section 15, provided that Company attempts to obtain such User’s written consent prior to making such payments, and such consent is not unreasonably withheld, delayed or conditioned.
b. EXCEPT IN CONNECTION WITH A USER’S INDEMNITY OBLIGATION HEREUNDER AND A BREACH OF A USER’S REPRESENTATIONS OR WARRANTIES, IN NO EVENT SHALL COMPANY OR THE APPLICABLE USER BE LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING LOSS OF PROFITS OR PUNITIVE DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO EACH USER FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY SUCH USER TO COMPANY DURING THE TERM THAT SUCH USER HELD MEMBER STATUS.
c. EACH USER INDIVIDUALLY AGREES THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN CONNECTION WITH THE SITE OR SERVICE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT SUCH USER WILL NOT SEEK TO HAVE ANY DISPUTE HEARD IN CONNECTION THEREWITH AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH SUCH USER ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. EACH USER FURTHER AGREES THAT NO PROCEEDING INITIATED BY SUCH USER WILL BE JOINED, CONSOLIDATED OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF SUCH USER, COMPANY, AND ALL PARTIES TO ANY SUCH PROCEEDING. IN THE EVENT ANY TERM OF THIS PARAGRAPH 14(C) IS OR BECOMES ILLEGAL, INVALID OR UNENFORCEABLE, SUCH SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION OF THIS AGREEMENT.

16. Applicable Law

This Agreement and the relationship between you, as a User, and Company shall be governed by the internal law of the State of New York, applicable to agreements entered into and fully performed therein, without regard to New York’s principles of conflicts of law. Each User agrees to submit to the personal jurisdiction of the state and federal courts located in New York County, New York, although Company reserves the right to bring proceedings against such User for breach of these terms and conditions in their country of residence or in any other relevant jurisdiction.

17. Notice

Except as explicitly stated otherwise, any notices to Company shall be sent by certified mail, return receipt requested, to Nukhu Media, Inc., 3 Holly Court, Middle Island, New York 11593, Attention: Site Administrator.

18. Copyright Infringement

Company respects the intellectual property of others, and we ask our Users to do the same. However, Company does not monitor User activity to ensure User compliance with intellectual property law and is not responsible for protecting the rights of third parties. If a User believes that their work has been copied or used in a way that constitutes copyright infringement, or their intellectual property rights have been otherwise violated, such User should provide Company’s copyright agent with the following information (“Notice”): (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (2) a description of the copyrighted work or other intellectual property that the User claims has been infringed; (3) a description of where the material that the User claims is infringing is located on the Site; (4) the User’s address, telephone number, and email address; (5) a statement by the User that such User has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by the User, made under penalty of perjury, that the above information in your Notice is accurate and that such User is the copyright or intellectual property owner or is authorized to act on the copyright or intellectual property owner’s behalf. Any Notice of claims of copyright or other intellectual property infringement must be sent to Company at copyright@nukhu.com.
Please note that the above procedure is exclusively for notifying Company and its affiliates that your copyrighted material has been infringed.

19. General

a. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
b. The failure of Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
c. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision hereof, and the other provisions of this Agreement remain in full force and effect.
d. In your capacity as a User, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
e. This Agreement along with the Privacy Policy [Go to Policy] and any additional Guidelines constitute the entire agreement between you, as a User, and Company and govern your use of the Site and Service, superseding any prior agreements between you and Company in connection with the subject matter hereof.

Privacy Policy
Last updated: 8/8/2014

NuKhu Inc. (“Company”) respects your privacy, is seriously committed to protecting the privacy of its users (each, a “User”) and has published this Privacy Policy to explain how Company treats information you submit to Company. Please read this Privacy Policy carefully prior to your continued use of https://www.nukhu.com and related subdomains (the “Site”) or your registration for or use of the Service (as defined in Company’s Terms of Use Agreement [Go to Terms Page] (the “Terms of Use”), incorporated herein by reference). If you do not agree to abide by this Privacy Policy, please do not access or use the Site or register as a Member of the Site.

By submitting information to Company, either by using the Site or registering for or using the Service, you are accepting the practices described in this Privacy Policy and the Terms of Use. This Privacy Policy is governed by the Terms of Use, which includes all disclaimers of warranties and limitation of liabilities. All capitalized terms not defined in this Privacy Policy will have the meaning set forth in the Terms of Use.

1. ACCESS TO AND USE OF THE SITE AND THE SERVICES

You represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement. By using the Site and Service you agree that you are thirteen (13) years of age or older. If your access or use of the Service is prohibited or restricted in any way by the laws, regulations or other governmental requirements of the jurisdiction in which you live, or if, for any reason and at any time, you do not agree with this Privacy Policy, please discontinue using our Service immediately. If you are under 13 years of age, then please do not use the Site or Service.

2. COLLECTION OF PERSONAL INFORMATION

You acknowledge that Company may collect and process “personal information” (i.e. information that could be used to contact you, such as full name, postal address, user name and password, phone number or e-mail address) or “demographic and usage information” (i.e. information that you submit, or that we collect, that is not personal information but necessary for the proper functioning of the Site or Service, such as the date regarding the start and end and the extent of your usage of the Site and Service and your personal interests and preferences), in connection with the Service. Such information collected by Company may be stored and processed in the United States or any other country in which Company or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country. Company makes no representation or warranty with respect to any duty to permanently store any personal information you may provide. By using the Site or Service and providing Company with personal information, you waive any claims that may arise under your own or any other local or national laws, rules or regulations or international treaties. Company may from time to time, transfer or merge your personal information collected off-line to our online databases or store off-line information in an electronic format. We may also combine personal information we collect online with information available from other sources, including information received from our advertisers and promotional partners. This Privacy Policy applies to your personal information for as long as your personal information is in our possession, even if you terminate or discontinue your use of the Service.

3. CHANGE OR UPDATE REGISTRATION DATA

You may request a change to or update any Membership Data you provide Company (“Registration Date”) by contacting Company via email at account@nukhu.com (please include in the subject line the words “Change in Membership Data”). It is your responsibility to maintain and promptly update the Membership Data to keep it true, accurate, current and complete.

4. USE OF PERSONAL INFORMATION

Company uses your personal information to identify you and, in some cases, to improve and customize the content you see on the Site and in connection with the Service. Your personal information may also be aggregated and used by Company for market research, project planning, troubleshooting problems, detecting and protecting against error, fraud or other criminal activity, to enforce the Terms of Use or Guidelines, for other internal purposes, and as otherwise described to you at the time of collection. Company will obtain your consent for any use of your personal information beyond those set forth in this Privacy Policy and the original uses for which you provided your consent.
You agree that Company may use personal information about you to analyze Site and Service usage, improve or customize Service, customize the Site’s content, and as otherwise set forth in this Privacy Policy. You also agree that Company may use your personal information to contact you. You also agree that Company may use your personal information to contact you and deliver information to you that, in some cases, is targeted to your interests, such as targeted banner advertisements, administrative notices, product offerings, and communications relevant to your use of the Site or the Services. By accepting the Terms of Use and this Privacy Policy, you expressly agree to receive this information, unless you specifically opt out in the applicable circumstances.
Any personal information or content that you voluntarily disclose online (on discussion boards, in messages and chat areas, within your public profile page, etc.) may become publicly available and may be collected and used by others. Your username and/or your email address may be displayed to other Users when you upload content or send messages through the Site. Any content that you submit to the Site may be redistributed through the internet and other media channels, and may be viewed by the general public.

5. DISCLOSURE OF PERSONAL INFORMATION

Except as expressly provided herein, absent your prior consent, Company does not share your personal information with any unrelated third parties. Additionally, Company does not permit unrelated third parties to perform “reverse searches” whereby they could identify Users from email addresses. In addition, the following describes some of the ways that your personal information may be disclosed in the normal scope of business to provide you with the Service:
• Profile. Company may post certain information as a part of your User profile, which will be viewable by other Users and visitors to the site, including but not limited to your username and location. Company will not disclose your home address, email address, phone number, or full name in connection with your User profile.
• Advertisers. Company may aggregate personal information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for their marketing and promotional purposes. However, in these situations, Company does not disclose to these entities any information that could be used to identify you personally without your consent.
• External Service Providers. There are a number of separate services offered by third parties that Company refers to as external service providers that may be complementary to your use of the Site or the Services. If you choose to use these separate services, disclose information to the external service providers, and/or grant them permission to collect information about you, then their use of your information is governed by their privacy policy, not this Privacy Policy. With your consent, and for your convenience, Company may provide some of your personal information to an external service provider offering such services. To prevent Company’s disclosure of your personally identifiable information to an external service provider, you can decline such consent or simply not use their services. Because Company does not control the privacy practices of these third parties, you should evaluate their practices before deciding to use their services.
• Internal Service Providers. Company may use third parties that Company refers to as internal service providers to facilitate or outsource one or more aspects of Company’s business, products and Service that Company provides to you and, therefore, Company may provide some of your personal information directly to these internal service providers (e.g. customer care). In some instances, the internal service provider may collect information directly from you. In these cases, you will be notified of the involvement of the internal service provider. If you provide additional information to an internal service provider directly, then their use of your personally identifiable information is governed by their applicable privacy policy.
Notwithstanding the foregoing, Company reserves the right, and you authorize Company, to share or disclose your personal information, including, without limitation, any content, records or electronic communications of any kind, when Company determines, in its sole discretion, that the disclosure of your personally identifiable information is necessary to identify, contact, or bring legal action against you if:
• you are or may be violating the Terms of Use, this Privacy Policy or any applicable Guidelines;
• you are interfering with Company’s or a third party’s rights or property;
• you are violating any applicable law, rule or regulation;
• necessary or required by any applicable law, rule or regulation; and/or
• requested by governmental authorities in the event of any investigation, act of terrorism or instance of local, regional or national emergency.
In addition, Company cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example, without limiting the foregoing, Company may be forced to disclose personal information to the government or third parties under certain circumstances or third parties may unlawfully intercept or access your transmissions or communications. Therefore, although Company uses industry standard practices to protect your privacy, Company does not promise, and you should not expect, that your personally identifiable information or private communications will always remain private. However, Company shall use reasonable commercial and legal efforts to protect its Users’ information and to maintain the privacy and anonymity of Members and Users.
In the event of a merger, acquisition, sale of substantially all of its assets or change of control of Company, personal information collected by Company about you will be considered a business asset and will be transferred to the applicable new entity.

6. NEWSLETTERS, ETC.

Company maintains a strict “no-spam” policy. If you register for or become a member of the Site or any particular Service, you may receive Company’s newsletter, notices and/or special offers via email, unless you have requested otherwise at the time of registration or as set forth below.
You may unsubscribe from Company’s electronic newsletters, notices and/or special offers at any time by following the instructions contained at the end of every such email, or if a third-party vendor provides Company’s newsletter, in accordance with the instructions provided by such third party. While all efforts are made to insure this information is viewable in all email browsers, there may be cases where certain email browsers do not display the unsubscribe information correctly. If you are having problems unsubscribing please forward the entire newsletter here unsubscribe@nukhu.com with the word “UNSUBSCRIBE” in the Subject line and you will be removed within seven (7) business days. Please note that direct replies to any newsletter are processed by computer and are not always viewed by a human.

7. COOKIES

“Cookies” are alphanumeric identifiers in the form of text files that are inserted and stored by your web browser on your computer’s hard drive. Company and third party advertisers may set and access cookies on your computer to track and store preferential information about you. Company and third party advertisers gather anonymous information about their users through cookie technology on an aggregate level only. Such aggregated information is used within Company’s internal organization and is only shared with third party advertisers on an aggregated and non-personally identifiable basis.

8. WEB BEACONS

Web Beacons, also known as pixel tags and clear GIFs, (“Web Beacons”), are electronic images that allow a website to access cookies and help track marketing campaigns and general usage patterns of visitors to those websites. Web Beacons can recognize certain types of information, such as cookie numbers, time and date of a page view and a description of the page where the Web Beacons are placed. No personally identifiable information about you is shared with third parties through the use of Web Beacons on the Site or Service. However, through Web Beacons, Company may collect general information that will not personally identify you, such as: Internet browser, operating system, IP address, date of visit, time of visit and path taken through the Site.
Internal use of Web Beacons. Company may use Web Beacons internally to count visitors and recognize visitors through cookies. Access to cookies helps Company personalize your experience when you visit the Site.
Email. Company may include Web Beacons in HTML-formatted email messages that Company sends to you. Web Beacons in email messages help Company determine your interest in and the effectiveness of such emails.
External use of Web Beacons. Company may also use Web Beacons externally. For example, Company may report aggregate information about visitors, such as demographic and usage information, to its affiliates and other third parties. Company may also include other company’s Web Beacons within the Site and Service.

9. SECURITY

Personal information you submit to Company is password protected for your privacy and security. In the unlikely event that an unauthorized third party compromises Company’s security measures, Company will not be responsible for any damages directly or indirectly caused by an unauthorized third party’s ability to view, use or disseminate such information.

10. LINKS TO THIRD PARTIES

The Site and/or Service may include links to third party websites. Such links are not an endorsement by Company of those websites and/or the products or services offered on those websites. Third party websites may have different privacy policies, and Company is not responsible for the privacy practices of those third party websites. If you click on a link to a third party website, Company encourages you to check the privacy policy of that website, as it may differ substantially from that of this Privacy Policy. Company makes no representations or warranties nor is Company responsible for the privacy policies of any websites other than the Site. If you decide to access any third party links appearing on the Site or in connection with a Service, you do so at your own risk.

11. TRANSMISSIONS, SUBMISSIONS AND POSTINGS

Company welcomes the submission of comments, information and feedback regarding the Site and the Service. However, Company does not want to receive certain kinds of information from you, including any confidential or proprietary information, without prior written consent of Company. Although Company does not regularly review your transmissions, submissions or postings, Company reserves the right (but not the obligation), at its sole discretion and at any time, to edit, refuse to post or remove your transmissions, submissions or postings. You hereby acknowledge and agree that Company may review transmissions, submissions or postings made by you to determine, in its sole discretion, your compliance with the Terms of Use, this Privacy Policy and any applicable Guidelines, and that Company shall have the unrestricted right to use such information for any purpose and without compensation to you.

12. OTHER TERMS

To review other applicable terms and conditions that apply to this Privacy Policy, including, without limitation, intellectual property rights, disclaimer of warranties, limitation of liability and resolving disputes, please review the Terms of Use [Go to Terms Page].

13. CHANGES TO THIS PRIVACY POLICY

Company reserves the right, at its sole discretion, to update, amend and/or change this Privacy Policy without prior notice and at any time. Updates to this Privacy Policy will be posted here. You are encouraged to revisit this Privacy Policy from time to time in order to review any changes that have been made. Your continued use of the Site and any Services following the posting of any such changes shall automatically be deemed your acceptance of all changes.

14. CHILDRENS’ PRIVACY

Protecting the privacy of young children is especially important. For that reason, Company does not knowingly collect or maintain personally identifiable information or non-personally-identifiable information on the Site from persons under 13 years of age, and no part of our Site is directed to persons under 13. If you are under 13 years of age, then please do not use or access the Site at any time or in any manner. If Company learns that personally identifiable information of persons under 13 years of age has been collected on the Site without verified parental consent, then Company will take the appropriate steps to delete this information.

15. SPECIAL NOTE TO INTERNATIONAL USERS

The Site is hosted in the United States. If you are a User accessing the Site from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Site, which is governed by U.S. law, this Privacy Policy, and Company’s Terms of Use [Go to Terms Page], you are transferring your personal information to the United States and you consent to that transfer.

16. IN THE EVENT OF MERGER, SALE, OR BANKRUPTCY

In the event that Company is acquired by or merged with a third party entity, or sells all or substantially all of its assets, we reserve the right, in any of these circumstances, to transfer or assign the information and content we have received and collected from our Users and Members as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, the Company may not be able to control how your personal information is treated, transferred, or used.

17. QUESTIONS OR CONCERNS

If you have questions, comments, concerns or feedback regarding this Privacy Policy, please contact Company via any of the methods set forth below:
Via mail: Nukhu Media LLC, 3 Holly Court, Middle Island, New York 11593
Via email: account@nukhu.com

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