Terms and Conditions
Please read these Terms and Conditions carefully. They govern your use of Kaput Nick and constitute a legally binding agreement between you and [Company Name], a [State] corporation.
Overview
Age restriction: this Service is intended for use by those 13 years of age or older (or the minimum age of digital consent in your jurisdiction, if higher). No one under that age should use the Service.
Please read these Terms and Conditions carefully. They constitute a legally binding agreement between you ("you") and [Company Name], a [State] corporation ("we", "us", or the "Company"), who operate Kaput Nick (the "Service").
By accessing or using the Service you agree to be bound by these Terms and Conditions (the "Agreement"). By using the Service you also consent to our Privacy Policy, incorporated into this Agreement by reference. This Agreement may be amended by us from time to time; continued use after a change constitutes acceptance of the updated Agreement.
Eligibility
To use the Service you must be at least 13 years old (or the age of digital consent in your jurisdiction) and have the legal capacity to enter into this Agreement. By using the Service you represent that you meet these requirements and that all information you provide is accurate.
Your account
You are responsible for keeping your password confidential and for all activity under your account. Notify us immediately if you suspect unauthorized use.
You choose whether your account is public or private. A public account's posts and profile are visible to anyone using the Service; a private account's posts and profile are visible only to you and the friends you've accepted, plus administrators for moderation purposes. Changing this setting takes effect immediately for future visibility, but does not retroactively un-share content others have already seen.
Content you post
You are solely responsible for the photos, videos, comments, room messages, event listings, and any other content ("Content") you post. By posting Content, you represent that you own it or have the necessary rights to post it, and that it does not violate any law or any other person's rights.
By posting Content, you grant the Company a non-exclusive, worldwide, royalty-free license to host, store, reproduce, and display that Content solely for the purpose of operating and providing the Service to you and the audience you choose for it (public, friends, or a room's members).
We review uploaded photos and videos before they are shown publicly, and may remove any Content, at our discretion, that we believe violates this Agreement, is unlawful, or may harm another person.
Content and conduct rules
You agree not to use the Service to:
- post content that is illegal, defamatory, obscene, or sexually explicit involving a minor
- harass, bully, threaten, or stalk any other person
- impersonate any person or misrepresent your affiliation with any person or entity
- post content depicting another identifiable person without their consent
- post hateful, discriminatory, or violent content, or credible threats of harm
- upload viruses, malware, or attempt to disrupt or gain unauthorized access to the Service
- scrape, data-mine, or harvest other users’ information
- send spam, chain messages, or unsolicited commercial content
- use the Service for any commercial purpose without our prior written consent
By uploading a photo or video of another identifiable person, you confirm you have their consent to do so and that everyone depicted is 13 years of age or older (or the applicable age of digital consent).
Rooms and events
Any user may host a "room" around a shared interest and invite or admit other users as members. Room hosts are responsible for the conduct of their room and may remove members or messages at their discretion, subject to this Agreement. We may remove a room, its members, or its content if it violates this Agreement.
Events posted to your friends or to a room you host are visible only to that chosen audience. You are responsible for the accuracy of event details you post.
Friends and privacy settings
Friend connections require mutual acceptance. Removing a friend connection immediately restricts future access to a private account's content, but does not undo access already granted while connected.
If you enable birthday reminders by adding your birth date, we will share the month and day (never the year) with your accepted friends and may send reminder notifications on your and their behalf.
Moderation and enforcement
We may review, remove, or restrict access to any Content or account that we believe, in our sole discretion, violates this Agreement or applicable law, and may suspend or terminate accounts for violations, with or without notice.
Reporting and content removal
If you encounter Content or an account that violates this Agreement, please contact us. We aim to review and act on reports within five (5) business days.
Copyright policy
We respect intellectual property rights and expect users to do the same. If you believe your copyrighted work has been posted to the Service without authorization, contact us with:
- a signature (physical or electronic) of the copyright owner or their authorized representative
- identification of the copyrighted work claimed to have been infringed
- identification of the material you claim is infringing, and its location on the Service
- your contact information (name, address, telephone number, email)
- a statement that you have a good-faith belief the use is not authorized
- a statement, under penalty of perjury, that the information is accurate and that you are authorized to act on the copyright owner’s behalf
Repeat infringers' accounts may be terminated.
Termination
You may stop using the Service and delete your account at any time. We may suspend or terminate your access at any time, with or without notice, for conduct that violates this Agreement or is otherwise harmful to other users or the Service.
Disclaimers
The Service is provided "as is" and "as available," without warranties of any kind, express or implied. We do not verify the identity or statements of users, and are not responsible for the conduct of any user, on or off the Service.
Limitation of liability
To the fullest extent permitted by law, the Company and its owners, directors, employees, and affiliates will not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Service.
Privacy
Our handling of your personal information is described in our Privacy Policy, incorporated into this Agreement by reference. We take reasonable technical and organizational measures to protect your information, but no method of transmission or storage is completely secure.
Data retention
We retain account and content information for as long as your account is active, and for a reasonable period afterward as required to comply with legal obligations, resolve disputes, and enforce this Agreement.
Governing law
This Agreement is governed by the laws of the jurisdiction in which the Company is domiciled, without regard to conflict-of-law principles.
Changes to the Service
We may modify, suspend, or discontinue any part of the Service at any time. We are not liable to you or any third party for doing so.
Entire agreement
This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and the Company regarding the Service. If any provision is held unenforceable, the remaining provisions remain in full effect.
This Service is operated by [Company Name], a [State] corporation.