Terms of Service
1. Term of Service Changes
Kudos may, in its sole and absolute discretion, change these Terms of Service from time to time, including, without limitation, in order to offer new features and services on or through the Site. Kudos will post a copy of these Terms of Service as changed on the Site under Terms and Conditions. Your continued use of the Services constitutes your agreement to abide by these Terms of Service as changed. If you object to any such changes, your sole recourse shall be to cease using the Services.
2. Eligibility to Use the Services
Except as expressly provided below, the Services may only be used by individuals and entities who can form legally binding contracts under applicable law. No person under the age of 18 may use the Services without the supervision of a parent or legal guardian. Your use of the Services will be deemed to be a representation that you are of the age of majority or older or are using the Services with the permission of your parent or guardian.
3. Account and Password Security
You may create your own account with Kudos by completing the online registration process on the Site, and you must do so if you would like to be considered for a Projects. As part of the registration process, you will be asked to provide certain personal information. If you elect to provide information to Kudos, you agree to provide information that is true and accurate, and to update such information if it changes. If you elect to not provide that information, or if the information you provide is not complete, current, true and accurate, you may not be able to use some or all of the Services, including, without limitation, the ability to be considered for a Projects and to get paid for your Projects you perform. You may also be required to choose a username and password. Your username and password will be your identity for purposes of interacting with Kudos and third parties through the Site. You shall use your account, username and password solely in accordance with these Terms of Service. You are solely responsible for maintaining the security of your username and password and any activity that occurs under your account. You will promptly notify Kudos via e-mail firstname.lastname@example.org, if you learn of or suspect any unauthorised use of your account, username or password.
4. User Interaction
Sellers and Buyers may communicate with each other through the Services. The Services may also facilitate communications, including with other people that do not use the Services, via email and other means that are not part of the Services. Kudos is not responsible or liable for any damage or loss related to your interactions with anyone else. You are responsible for complying with all applicable laws, rules and regulations in the conduct of your business and/or your performance of any Projects.
5. Kudos’s Role
Kudos makes the Services available to enable Buyers themselves to identify and determine the suitability of Sellers and Projects and to enable Freelancers themselves to identify and determine the suitability of Project Owners. Kudos does not direct, has no control over, makes no representations and does not guarantee the quality, safety or legality of advertised Sellers services, the truth or accuracy of Project listings, the qualifications, background, or identities of Sellers, the ability of Sellers to deliver Sellers services, the ability of Buyer to pay for Sellers services, or that a Buyer or Seller can or will actually complete a transaction. Kudos is not required to, but may, verify any information provided by Seller or Buyers or perform background checks on Sellers or Buyers. You authorise us to make any inquiries we consider necessary to validate your identity by any legal means. Information provided or made available by Kudos is based solely on data that a Seller or Buyer submits and Kudos provides such information solely for the convenience of its users and is not an introduction, endorsement or recommendation by Kudos.
6. Payment Non-Circumvention
All work performed on Projects shall be compensated through the Services in accordance with our payment policies. You will not do anything to circumvent the foregoing, including by negotiating terms outside of the Services, underbidding on Projects or any other means that would cause the value of transactions processed through Services to be minimised or understated.
The content on the Site and all aspects of the Services, including, without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, “Kudos Content”), and the Kudos word marks and design marks, as well as certain other of the names, logos and materials displayed on the Site or through the Services that constitute trademarks (collectively, “Marks”), are owned by or licensed to Kudos and are subject to copyright, trademark and other intellectual property rights of Malaysian laws.
8. User of the Services
You may not reproduce, duplicate, copy, sell, resell or exploit for any purposes the Services, or any portion of the Services, including, without limitation, Kudos Content and Marks, except as authorised by these Terms of Service. You must abide by all copyright notices, information or restrictions contained in or associated with any Kudos Content.
Prohibited activities include, without limitation, the following:
- Violating any local, state, national or international law or regulation or any provision of these Kudos Terms of Service;
- Knowingly transmitting any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Collecting personal information, including, without limitation, account names or e-mail addresses, of other users from the Services through automated means or otherwise;
- Impersonating any person or entity or otherwise misrepresenting your affiliation with a person or entity;
- Interfering with or disrupting the Services or servers or networks connected to the Services, or disobeying any requirements, procedures, policies, or regulations of networks connected to the Services;
- Attempting to decipher, decompile, disassemble, or reverse engineer any of the software comprising any part of the Services;
- Attempting to interfere with any security feature of the Services, or circumvent, disable or interfere with any copyright management or other technological measure that effectively controls access to, use or copying of content of the Services; and
- Launching any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Services in a manner that sends more request messages to the Services in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser.
9. Intellectual Property Infringement Procedure
Kudos respects the intellectual property rights of others. Upon proper notice, Kudos will, in its discretion, remove Content or other applicable content that violates intellectual property rights under applicable law, suspend access to the Services (or any portion thereof) to any user who uses the Services in violation of such law, and/or terminate the accounts of repeat infringers. If you believe your work has been copied in a way that constitutes intellectual property rights infringement, please send Kudos’s intellectual property agent (listed below) a written notification of claimed infringement with all of the following information:
Prohibited activities include, without limitation, the following:
- Identification of the intellectual property right (e.g., copyright, trademark, etc.) and the work claimed to have been infringed, or, if multiple rights and works are covered by a single notification, a representative list of such rights and works;
- Identification of the claimed infringing material and information reasonably sufficient to permit Kudos to locate the material on the Services;
- Information reasonably sufficient to permit Kudos to contact you, such as an address, telephone number, and, if available, an email address;
- A statement by you that you have a good faith belief that the disputed use is not authorised by the intellectual property rights owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the intellectual property rights owner or authorised to act on the owner’s behalf; and
- Your physical or electronic signature.
Please send all of the above-enumerated information to the following Kudos intellectual property agent:
Kudos IP Agent
10. Link to Other Websites
The Services may contain links to third party Web sites or Internet resources that are not owned or controlled by Kudos. Kudos’s provision of a link to any other Web site or Internet resource is for your convenience only and does not signify Kudos’s endorsement of such other Web site or resource or its contents. Kudos shall not be responsible for the availability of any third party web sites or resources, and kudos does not warrant, endorse guarantee or assume responsibility for any content, information, software, materials or practices of any such third party web sites or resources, including, without limitation, any products or services advertised or offered by a third party through the services or through any linked web sites or featured in any advertising.
You expressly agree that use of the services is at your sole risk. the services are provided on an “as is” and “as available” basis. to the fullest extent permitted under applicable law, Kudos and its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents and licensors (referred to collectively as “affiliates”) disclaim all warranties of any kind, express or implied, with respect to the services (including the implied warranties of merchantability, fitness for a particular use or purpose and non-infringement). Kudos makes no representations or warranties about the accuracy, quality, reliability or completeness of content available on or through the services and assumes no liability or responsibility.