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Terms of Service
Last Update: September 9, 2022
Koodose, Corp. DBA Sponsr (referred to throughout as “us,” “we,” “our,” etc.) is the owner and operator of the gosponsr.com website and mobile application. These Terms of Service apply to the gosponsr.com website any associated subdomains, mobile application, any integrations or widgets we offer, and any other website or applications we own or operate that include a link to this statement (together collectively referred to as the “Services”). Any party that accesses, uses, or registers with the Services (such party referred to throughout in the second person ” you,” “your,” etc.) agrees to be contractually bound by these Terms of Service (the “Terms”).
No one under 13 is allowed to create an account or use the Services. If you are under 18, you may only use the Services with the prior consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you before you start using the Services.
Updates to the Terms
We may update or change the Terms from time to time. Amendments will only apply prospectively. A given amendment will not apply to claims arising before, or arising from facts occurring before, the point in time when that amendment was published to the Services. We will let you know that the Terms have been updated or changed by publishing the date of the last amendment at the top of this page. You agree that this method of notice is sufficient and that you will regularly check these Terms for updates or changes.
The Services are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, we (or our licensors) exclusively own all right, title and interest in and to the Service, including all associated intellectual property rights. You may not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Service. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding the Services will be our sole and exclusive property, and you hereby irrevocably assign to us all of your right, title, and interest in and to the foregoing.
Restrictions. You may not:
You agree not to:
By posting, uploading, or transmitting content or information to, or through, the Services you grant us a nonexclusive, irrevocable, worldwide, sub-licensable (through multiple-tiers), royalty-free license to copy, store, transmit, publish, publicly display, publicly perform, and otherwise use this content or information to operate the Services as we reasonably see fit. You warrant that you have the authority to grant such license.
General User Warranties
By accessing, using, or registering with the Services you represent, warrant, and irrevocably covenant that:
Sponsr’s clients are separately bound by our Services Agreement, which details fees owed for the services we provide.
As the provider of the Services, we reserve the right to discontinue (i) the Services, in whole or in part, (ii) any features or services provided by or through the Services, or (iii) your access to or ability to use the Services, for any or no reason, without notice to you.
You understand that the party you transact with through or as a result of the Services is the one that sets the tax language in any receipt you receive. We make no representations about the nature of any transaction you make through the Services. Always consult the organization you are transacting with and a qualified financial advisor prior to claiming a deduction on your taxes.
You agree to defend (at our request), indemnify, release, and hold harmless Koodose, Corp., our successors and assigns, our affiliates, and each of the foregoing’s respective directors, officers, managers, employees, and agents (collectively, the “Releasees”) from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Services or those conducted on your behalf): (i) your Content or your access to or use of the Services; (ii) your breach or alleged breach of these Terms of Service; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (v) any misrepresentation made by you; (vi) any violation of privacy or or other laws relating to your use of information provided to us by you in your use of the Services, including information provided from your contacts or contact list; (vii) your hosting, participating in, attending, or authorizing an event or campaign posted on the Services (including events or campaigns you authorize your supporters to advertise on the Services); and (viii) the acts or omissions of third parties you interact with through the Services. You will cooperate as fully required by the Company in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.
Disclaimer of Warranties
Limitation of Liability
These Terms will be governed by and construed in accordance with the laws of the State of Utah, without regard to conflicts of laws principles.
The exclusive jurisdiction and venue for any disputes which may arise out of, or relate to, these Terms or your use of the Services will be the state and federal courts located in Utah County, Utah. You hereby expressly and irrevocably consent to the personal jurisdiction and venue of such courts.
No Joint Venture
These Terms do not create, and shall not be construed to create, a joint venture, partnership, or other formal business relationship between you and us, or any third party and us. At all times we shall remain independent contractors with respect to one another.
You have neither the right nor the power to assign your rights under these Terms. Any purported assignment of your rights under these Terms will be NULL AND VOID.
If any provision of the Terms is found to be unenforceable, invalid, or illegal by a court of competent jurisdiction, this finding shall not render any other provision of the Terms unenforceable, invalid, or illegal. We both agree that the court will have the authority to modify or replace the unenforceable, invalid, or illegal provision with a valid and enforceable provision that most closely represents our intentions with respect to the invalid, illegal, or unenforceable provision.
Any delay on your part, or on our part, to exercise a right or power granted under these Terms will not be construed as a waiver of such right or power. All waivers must be in writing and a waiver of any particular breach will not be construed as a waiver of any other breach, or any succeeding breach.
The provisions of the sections of these Terms titled “Intellectual Property,” “Prohibited Activities”, “Your Content”, “Liability,” “Release”, “Limitation of Liability”, “Indemnification”, and any other provisions that govern events or circumstances likely to occur after termination of any relationship governed by these Terms, will survive such termination.
The headers contained within these Terms are for convenience of reference only. They should not be interpreted to modify the plain meaning of the various provisions of these Terms.
If a dispute arises out of these Terms or your use of the Services then the prevailing party in any litigation will be entitled to recover all costs and expenses (including reasonable attorney’s fees) incurred as a result of that litigation.
YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURS. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If you have any questions or comments about these Terms, contact us at email@example.com.
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