Cookie Policy
Date: 06.22.2018
About Kuush Technologies: Kuush Technologies, Inc. is a Delaware corporation. The term “Kuush Technologies” refers to the following- - Kuush Technologies English language website accessible through the URL https://www.kuushtech.com
- - Kuush Technologies’s other language websites accessible through relevant URLs.
- - Any successor URLs, mobile or localized versions and related domains and subdomains.
- - Kuush Technologies’s E-learning environment.
Kuush Technologies Cookie Policy:
Kuush Technologies Cookie Policy applies to all Kuush Technologies websites operated by Kuush Technologies. Kuush Technologies Cookie Policy is to help Users feel comfortable about Kuush Technologies and Kuush Technologies using appropriate Cookies for relevant and justifiable reasons. Questions on Kuush Technologies’s Cookie Policy: If you have a question on Kuush Technologies Cookie Policy, please email us at info@kuushtech.com.What is a Cookie?
A Cookie is a commonly used automated data collection tool. It is a small text file that is placed on User’s computer or device, by websites that User visits.Why Do Most Websites Use Cookies?
Websites use Cookies in order to make most websites work, or work more efficiently. Please note that certain areas of most websites can only be accessed by having the Cookies enabled. Disabling Cookies may prevent Users from accessing content and enjoying all the features available on most websites.Does Kuush Technologies Use Cookies on its Websites?
Yes. Kuush Technologies uses Cookies on its Websites. All Cookies used in Kuush Technologies have an expiry date. Expiration dates on Cookies used in Kuush Technologies are set in the Cookies themselves.What are the Cookie Data Collected and Processed by Kuush Technologies?
- IP location or the geographic location India of the User’s device is collected. This is the IP location or the geographic location of the User’s device through which they are accessing Kuush Technologies.
- The current page you are using and the previous page you used in Kuush Technologies
Can Users Opt-Out of having their Cookie Data collected?
Yes. Kuush Technologies provide Users, the opportunity to Opt-Out of sharing their Cookie Data. However, if the User decides to Opt-Out, Kuush Technologies will not be able to provide certain services.Can Users View Cookie Data collected by Kuush Technologies?
Yes. User may email Kuush Technologies at info@kuushtech.com, to view Cookie Data collected by Kuush Technologies.How does an Kuush Technologies User Get to Manage Cookies?
Users may restrict, block or remove Cookies, through their computer's web browser settings. However, if a Cookie blocking setting is activated on a User computer's web browser, they may not be able to access certain parts of Kuush Technologies Website or use certain features of Kuush Technologies website. "Help" function within a User computer's web browser may guide them in managing Cookies. User may also visit http://www.aboutCookies.org for more information on how to restrict or manage Cookies across a variety of web browsers. For more information on Cookies on mobile browsers, please refer to mobile device help/manual.How does Kuush Technologies use User Cookie Data?
Kuush Technologies uses Cookie Data to recognize and remember the following:- Kuush Technologies uses Cookie Data to help save User’s website preferences for future visits.
- Date and time you logged in to Kuush Technologies website
- Your preferred browser language
- Kuush Technologies uses Cookie Data to help save your website preferences for future visits.
- Kuush Technologies uses Cookie Data to compile aggregated data about site traffic and site interactions.
- Kuush Technologies uses Cookie Data to offer better website experiences and tools in the future.
Does Kuush Technologies share User Cookie Data with any 3rd Party?
NoDo Not Track:
User’s Web browser may have a “Do Not Track” setting which, when enabled, causes the User’s browser to send a do not track HTTP header file or “signal” to each website User’s visit. At present, Kuush Technologies does not respond to “Do Not Track”.Changes to Kuush Technologies Cookie Policy:
Kuush Technologies reserves the right to change Kuush Technologies Cookie Policy at any time. If and when the changes are made, the “Last Edited” date on this page will reflect the same. If and when the changes are made, Users will be notified, on this page, by email or through notice on other relevant pages within Kuush Technologies.Updated: 07.26.2018 Thank you for choosing Kuush Technologies! This is an agreement between you (if signing as an individual or the legal entity you represent) ("you," or “Subscriber,” which term shall mean the user of the Kuush Technologies Services (as defined herein) and shall include such user’s executors, assigns, administrators and legal representatives) and Kuush Technologies, Inc., a Delaware corporation with a principal address of 3260, Hillview Avenue, Palo Alto, CA 94304, United States of America ("Kuush Technologies", “us” or “we”) that governs your rights to use the services identified in this Agreement. You should read the entire Agreement carefully because all of the terms are important and together create a legal agreement that, once accepted by you, applies to you. If you do not agree to these terms DO NOT SIGN UP and DO NOT USE THE SERVICES. 1. DEFINITIONS 1.1 "Party" or "Parties" shall mean Kuush Technologies or Subscriber or both, based on the context. 1.2 "Agreement", “Terms”, "hereto", "herein", "hereby", "hereunder" and similar expressions refer to these Terms of Service and not to any particular Article, Section or other portion hereof, and include any and every instrument supplemental or ancillary to or in implement hereof. 1.3 "Content" shall mean videos, photos, images, audio, music, sounds, graphics, special effects, images, logos, branding, marks and other files, information and content, including, without limitation, flash animation and flash files. 1.4 "Subscription Plan" shall mean the then-existing subscription plans for use of the Kuush Technologies Services as selected by the Subscriber. 1.5 "Videos" shall mean animated videos created using Kuush Technologies Services by Subscriber or uploaded by Kuush Technologies, depending on the context. 1.6 "Content" shall mean the content made available by Kuush Technologies or the videos created by subscriber using Kuush Technologies services depending on the context. 1.7 "Services" shall mean Kuush Technologies software, content, applications and services, including services or software that allow you to stream, download, view or use certain digital content such as music, video, animated characters, applications and other content that Kuush Technologies makes available from time to time. 1.8 “Site” shall mean the Website bearing the URLs https://www.kuushtech.com, www.Kuush Technologies.com , www.Kuush Technologies.es, www.Kuush Technologies.co, www.Kuush Technologies.de, www.Kuush Technologies.fr, www.Kuush Technologies.kr, www.Kuush Technologies.ru and/or any other Websites owned and/or operated by us related to the Services. 2. SCOPE OF AGREEMENT, ACCEPTANCE AND AMENDMENT 2.1 AGREEMENT TO BE BOUND The following Agreement, together with the relevant information set out on the Website and within the Services, including any features and services available, such as RSS feeds, podcasts, video, photographs, publications, and other materials, are subject to the Terms of Service set forth below. Please read them carefully, as any use of the Services constitutes an agreement, to be bound thereby by the Subscriber. This Agreement is also subject to the Privacy Policy 2.2 AGE By using the Services, you represent that you have reached the age of "majority" where you live and agree to be bound by this Agreement or you are the parent or legal guardian of a minor that has an account associated with yours and you are accepting this Agreement on their behalf. An Kuush Technologies account is necessary to use the Services. You may need to accept other terms of services and provide additional information in order to use your Kuush Technologies Account (as defined herein). 2.3 ELECTRONIC CONTRACTING Your use of the Services under this Agreement includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH SUBSCRIPTIONS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND ANY OTHER APPLICATIONS. You shall be solely responsible to have necessary hardware and software that is required to retain electronic records that you may require. Kuush Technologies shall not be held responsible for any typographical errors. 2.4 AMENDMENT TO TERMS OF SERVICE From time to time, Kuush Technologies may change or amend these Terms of Service. Kuush Technologies will notify you of such amendment, either through the user interface, in an email notification, or through other reasonable means. Your use of the Services, after the change becomes effective, will be your consent to the changed Agreement. If you do not agree to the changes, you must stop using the Services and cancel any paid Services by following the instructions in Section 6 hereof or your consent shall be deemed granted. 2.5 ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION We are not responsible if information made available via the Services is not accurate, complete or current. This may include statements and claims regarding our competitors and level of our services. You acknowledge that the Services are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. You acknowledge further that any reliance on the Services is at your own risk. 2.6 ERRORS IN THE SERVICES We do not warrant that any errors in the Services will be corrected. 2.7 MODIFICATIONS AND CHANGES TO THE SERVICES We may modify, add to, suspend, or delete any aspect of the Services offered by us, in whole or in part, at our sole discretion at any time, with such modifications, additions or deletions being immediately effective. Such modifications, additions or deletions may include but are not limited to content offered, hours of availability, and equipment needed for access or use. 2.8 ACCESS TO SERVICES Though we try to make the Services available twenty four (24) hours a day, seven (7) days a week, except for planned downtime for maintenance, we do not warrant that the Services will be at all times available. We do not warrant that your computer, tablet, and/or smartphone will be able to access and/or support the Services. 2.9 RIGHT OF REFUSAL, LIMITATION, DISCONTINUATION AND TERMINATION We reserve the right to refuse providing access to the Services for any reason at any time in our sole and exclusive discretion. We may, in our sole and exclusive discretion, limit or cancel an Account for any reason whatsoever, including but not limited to a breach or violation by the Subscriber of any of the terms or provisions of this Agreement or any published Kuush Technologies policy or procedure; a discredit of Kuush Technologies by a Subscriber; misrepresentation of Kuush Technologies by making claims contrary to Kuush Technologies literature; ethical or legal violations that may cause Kuush Technologies to suffer damages; or any other reason whatsoever, in the sole discretion of Kuush Technologies. In the event that we make a change to or cancel an Account, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time your Account was created; however, the failure to do so shall not result in any liability, including liability for lost data deleted as a result of the Account termination. In the event we terminate your Account, you shall no longer be eligible to be a Kuush Technologies Subscriber at any time in the future, unless permission is granted to you, in writing, by us, in our sole and exclusive discretion. In addition, although the Services are intended to be accessible worldwide, the Services may not be available to all persons in all geographic locations or jurisdictions. Kuush Technologies reserves the right to limit the availability of the Services to any person, geographic area or jurisdiction it so desires, in its sole discretion, and to limit the quantities of any such product or service that it provides. Any offer for any product or service made via the Services is void where prohibited by law. 2.10 PROHIBITED USES OF THE SERVICES In addition to the other restrictions on use set forth herein, you agree and acknowledge that you shall not use the Services: (a) for any unlawful purpose; (b) to solicit third parties to perform or participate in any unlawful acts or to engage in acts that are unrelated to the purpose(s) of the Services; (c) to violate any international, governmental, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services. We reserve the right to terminate your use of the Services for violating any of the prohibited uses or for any other reason in our sole and exclusive decision. 3. GOOD CONTRACTING PRACTICES In addition to those restrictions set forth in Section 2.10 and elsewhere in this Agreement, you must not use the Services provided by Kuush Technologies for any of the following: a) Use the Services to harm, threaten, or harass another person, organization, etc.; b) Damage, disable, overburden, or impair the Services (or any network or authorized device connected to the Services); c) Assign, resell, or redistribute any part of the Services or access to the Services, including the sale or purchase of an Account; d) Fail to provide accurate and correct information at the time of registration or when signing up for a new Account; e) Share your account username and password or otherwise authorize a third-party to access or use the Services on your behalf without prior approval from Kuush Technologies; f) Enable or use any unauthorized third-party applications to access the Services unless the same has been authorized or otherwise provided by Kuush Technologies; g) Use the Services or any content on the Services for commercial purposes (except for Subscribers who purchase agency or business plans); h) Use or attempt to use any unauthorized means to modify, reroute, or gain access to the Services; i) Use any automated process or service (such as a bot, a spider, or periodic caching of information stored by Kuush Technologies) to access or use the Services, or to copy or scrape or erase data from the Services; j) Obtain (or try to obtain) any data from the Services or related hardware, except the data that Kuush Technologies intend to make available to you; or use the Services or related hardware to design, develop, or update unauthorized software or software application; k) Use unauthorized software or hardware to access the Services or modify an authorized device in any unauthorized way (e.g., through unauthorized repairs, unauthorized upgrades, or unauthorized downloads). You agree that we have the right to send data, applications or other content to any software or hardware that you are using to access the Services for the purpose of detecting an unauthorized modification and/or disabling the modified device; or l) Except to the extent expressly permitted by applicable law notwithstanding this prohibition attempt to disassemble, decompile, create derivative works of, reverse engineer, modify, further sublicense, distribute, or use for other purposes the Services, animated characters, application, or other content available or accessible through the Services, or any hardware associated with the Services or with an authorized device. If you do, Kuush Technologies may cancel your account and your ability to access the Services, and pursue other legal remedies.Kuush Technologies may take any legal action that deem appropriate against users who violate our systems, network security, this Agreement, any additional terms incorporated or referenced in it. Such users may also incur criminal or civil liability. m) Download (or try to download), extract (or try to extract), screen capture (or try to screen capture) parts of the software assets from Kuush Technologies’s library of assets, including but not limited to Characters, Properties, Backgrounds, Text, Numbers, Special Effects, Music and Transition Effects. 4. YOUR ACCOUNT, CONTENT, SUBSCRIPTIONS AND LICENSE 4.1 ACCOUNT REGISTRATION As a registered user of Kuush Technologies's Service, you may establish an account (an "Account"). Don't reveal your Account information to any third party. You shall be solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and agree to immediately notify Kuush Technologies of any security breach of your Account. Kuush Technologies shall not be responsible for any losses arising out of the unauthorized use of your Account. You agree to provide accurate and complete information when you register and use the Service. You agree to update your registration data to keep it accurate and complete. You agree that Kuush Technologies may store and use the registration data you provide for use in maintaining and billing fees to your Account and as otherwise may be set forth in our Privacy Policy Should Kuush Technologies suspect that such registration data information is untrue, inaccurate, not current or incomplete, Kuush Technologies reserves the right to suspend or terminate your use of the Services. 4.2 RIGHT TO MONITOR We shall have the right (but not the obligation) to monitor your Account and all activity related thereto in our sole and exclusive discretion. We may remove or disable your content and your videos that Kuush Technologies, in good faith determines to be illegal, harmful, offensive, creating liability for Kuush Technologies or its service providers, or otherwise in violation of this agreement or Kuush Technologies's acceptable use or operating policies or those of any of Kuush Technologies’s third-party service provider. 4.3 CONTENT & SUBMISSIONS Should you submit, display, publish or otherwise post any content to the Services, including but not limited to your videos produced using the Services (“Submissions,”) you agree to grant us and our partners and affiliates a limited, non-exclusive, sub-licensable, transferable, worldwide, fully-paid, royalty-free license to process such Submissions for hosting, indexing, caching, tagging and for all other lawful purposes without the requirement to make payment to or seek permission from you or to any third party. You represent and warrant that you own or have a valid license to use any and all Submissions and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any Submissions does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. 4.4 SUBSCRIPTION PLANS Kuush Technologies provides Free Accounts and Paid Account. The terms of each Subscription Plan are as mentioned below and as may be further set forth on the Site, subject to change in our sole and exclusive discretion: 4.4.1. Free Subscription Plans Free Subscription Plans may be offered to you when you register for an Account with Kuush Technologies. Notwithstanding anything in this Agreement and to the contrary such Subscription Plans carry the following restrictions: You may use Kuush Technologies Services only for personal and non-commercial use; You may be able to use only a basic version of the Kuush Technologies Services; You shall not distribute your videos for revenue or exploit for generating any revenue therefrom; You shall not advertise your videos or allow viewing for any revenue generation therefrom; Kuush Technologies has no obligatory duty to provide any further Services under this Subscription Plan; You may upgrade your Account to a Paid Subscription Plan by paying such fees as are set forth on the Site and at the time of sale for the same. 4.4.2. Paid Subscription Plans Paid Subscription Plans are offered to you upon the payment of prescribed subscription fees as are set forth on the Site and at the time of sale for the same. For the duration of your Paid Subscription Plan, you shall be entitled to Kuush Technologies's Services during the subscription term, which shall include: You may use Kuush Technologies Services for personal, commercial or internal business use based on your selected Paid Subscription Plan; You may distribute your videos for revenue or exploit for generating any revenue based on your selected Paid Subscription Plan; You may advertise your videos or allow viewing for revenue; You may publish your videos according to the facilities provided to you, based on your selected Paid Subscription Plan; You may publish your videos on other viewing platforms, such as via satellite or cable television with the prior, written permission of Kuush Technologies; Kuush Technologies has no obligatory duty to provide any services under this subscription; You may downgrade from Paid account only on the expiry of your subscription; 4.5 LICENSE Kuush Technologies grants you a non-exclusive right to access and use Kuush Technologies Services and a perpetual license to distribute the videos made by you subject to the terms and conditions set forth in this Agreement and any such limitations as may be imposed upon you based on your Subscription Plan at the time of video creation. 5. PAYMENT, TAXES AND REFUND POLICY 5.1 PAYMENT AND TAXES 5.1.1 Subscription Fees You agree that you will pay for Subscription Plan chosen by you for use of the Kuush Technologies Services. Kuush Technologies may charge your payment method for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING Kuush Technologies WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES. All fees are payable in advance. All fees are non-refundable in US Dollars and shall be billed to your address or where applicable your business, company or organization address as provided by you upon Account registration. Payment shall be made via Mastercard, Visa Card, Amex, Discover, JCB and you hereby authorize Kuush Technologies to charge your Credit/Debit card and store information of your Credit/Debit card in accordance with our Privacy Policy. You Credit/Debit card shall be billed in advance on monthly, quarterly or yearly basis depending on the Subscription Plan you choose. Your total price will include the price of the Subscription Plan plus any applicable taxes; such taxes are based on the bill-to address and the tax rate in effect at the time of purchasing the Subscription Plan. 5.1.2 Renewal Fees Your Subscription Plan will renew automatically, unless Kuush Technologies terminates it or you terminate this Agreement pursuant to Section 5 or downgrade your subscription to a free account.You must cancel your Subscription Plan before it renews in order to avoid billing of subscription fees for the renewal term. 5.1.3 Fees in the Event of Downgrade To downgrade your subscription to a free account, you can use Change of your Subscription Plan in your account page. The change will become effective at the end of your subscription period. You must continue to pay all fees that come due during the remainder of your Subscription Plan. 5.1.4 Termination Services If you fail to timely pay the applicable fees, Kuush Technologies may suspend or terminate your access to either the Kuush Technologies Services or certain features of the Kuush Technologies Services by downgrading you service to a free account. You agree to promptly pay Kuush Technologies in the event of any refusal of your Credit/Debit card issuer to pay any amount to Kuush Technologies for any reason. You agree to pay all costs of collection, including attorneys' fees and costs, on any outstanding balance. In the event you fail to pay any amount when due, Kuush Technologies may suspend or terminate your access to the Kuush Technologies Services and delete your Videos. 5.1.5 Late Payment Any amounts not paid when due are subject to an interest charge at a rate of 1.5% or the maximum rate permitted by law, whichever is less. 5.1.6 Hold Harmless You are responsible for, and will indemnify and hold Kuush Technologies harmless from, payment of all taxes (other than taxes based on Kuush Technologies's net income), fees, duties, and other governmental charges, and any related penalties and interest, arising from the payment of fees to Kuush Technologies under this Agreement or the delivery or license of the Kuush Technologies Services or use of the Kuush Technologies Services or provision of any related services. You will make all payments to Kuush Technologies free and clear of, and without reduction for, any withholding taxes; any such taxes imposed on payments of fees to Kuush Technologies will be your sole responsibility, and you agree to provide Kuush Technologies with official receipts issued by the appropriate taxing authority, or such other evidence as Kuush Technologies may reasonably request, to establish that such taxes have been paid. 5.2 REFUND a) If the service becomes unavailable at anytime because of technical problems or there is unreasonable delay in providing access to service, your exclusive and sole remedy is refund of the price paid without any interest. b) There shall be no refund for partial months of service, upgrade or unused months. c) Prices for all the services offered by Kuush Technologies may change at any time, and the Services do not provide price protection or refunds in the event of a price reduction or promotional offering. 6. TERM AND TERMINATION 6.1 TERM This Agreement begins and binds upon you on the day you successfully register with Kuush Technologies and continue till the end of the subscription term, depending upon the Subscription Plan you choose. 6.2 RENEWAL If you give a notice of non-renewal of Paid Account to Kuush Technologies, your account will by default be downgraded to Free Account. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term. 6.3 TERMINATION Kuush Technologies may terminate this Agreement at any time if you breach any of the terms and conditions set out in this Agreement without giving prior notice or at any other time in its sole and exclusive discretion as set forth in this Agreement. 6.4 EFFECT OF TERMINATION In the event of termination or expiration of this Agreement, you must immediately cease all use of the Kuush Technologies Services. Apart from which, upon termination of your subscription and except for the license to distribute your videos in the manner authorized by your Subscription Plan, all of the licenses granted to you hereunder will terminate. Additionally, Kuush Technologies may, at its option, block your access to the Services and/or delete your content and videos from its Services. The definitions, rights, duties and obligations of all parties to this agreement, will continue and shall survive any termination or expiration of this Agreement. 6.5 CANCELLATION BY USER Should you wish to terminate this Agreement, you must email your notice of termination to the email address: jerry@Kuush Technologies.com . In the event of your termination pursuant to this Section, a. this Agreement will terminate at the end of then-current term; b. you must continue to pay all fees that come due during the remainder of this Agreement. 7. INTELLECTUAL PROPERTY 7.1 INTELLECTUAL PROPERTY RIGHTS NOT WAIVED You agree that the Kuush Technologies Services, including but not limited to Kuush Technologies products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Kuush Technologies Services, contains proprietary information and material that is owned by Kuush Technologies and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Kuush Technologies Services in compliance with this Agreement. No portion of the Kuush Technologies Services may be reproduced in any form or by any means, except as expressly permitted in these Terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Kuush Technologies Services in any manner, and you shall not exploit the Kuush Technologies Services in any unauthorized way whatsoever, including, but not limited to, by trespass. You may make a single print copy of any Kuush Technologies text, photographs, images, illustrations, video clips, audio clips, and graphics, provided by us on the Site and/or via the Kuush Technologies Services for personal, non-commercial use only, provide that you neither remove nor cause to be removed any copyright, trademarks, or other proprietary notices or visual marks or logos from such materials. You may not archive or retain any of the foregoing materials accessed on the Site or via the Kuush Technologies Services without our express written permission. All requests for archiving, republication or retention of any part of the foregoing materials must be in writing to us and must clearly state the purpose and manner in which the foregoing materials will be used. Requests for permission to archive, retain, or republish any part of the foregoing materials may be submitted via email to info@Kuush Technologies.com. Notwithstanding any other provision of this Agreement, Kuush Technologies and its licensors reserve the right to change, suspend, remove, or disable access to any Kuush Technologies products, content, or other materials comprising a part of the Kuush Technologies Services at any time without notice. In no event will Kuush Technologies be liable for making these changes. Kuush Technologies may also impose limits on the use of or access to certain features or portions of the Kuush Technologies Services, in any case and without notice or liability. All copyrights in and to the Kuush Technologies Services (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by Kuush Technologies and/or its licensors, who reserve all their rights in law and equity. THE USE OF Kuush Technologies SERVICES, EXCEPT FOR USE OF THE Kuush Technologies SERVICES AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INTELLECTUAL PROPERTY INFRINGEMENT. Kuush Technologies, Kuush Technologies’s logo, and other Kuush Technologies trademarks, service marks, graphics, and logos used in connection with the Kuush Technologies Services are trademarks of Kuush Technologies Inc. in the United States of America and other countries. Other trademarks, service marks, graphics, and logos used in connection with the Kuush Technologies Services may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks. As an Account holder of the Kuush Technologies Services in good standing, you may be provided with access to download certain videos created by you using Kuush Technologies Services. Such access is provided as an accommodation only, and Kuush Technologies does not warrant, and will not have any liability or responsibility for, such art or your use thereof. You may access videos for which you are the lawful owner of a legal copy. Access is provided for personal and commercial use depending upon your subscription plan. You agree that you will not use Kuush Technologies Services in any manner that would infringe or violate this Agreement or the rights of any other party, and that Kuush Technologies is not in any way responsible for any such use by you. 7.2 FEEDBACK You may have the opportunity to provide reviews, suggestions, ideas, and feedback, (collectively, “Feedback.”) Should you so provide such Feedback you grant us sole ownership of the same, which includes, without limitation, the right for us or any third party we designate, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed. All such Feedback shall be treated as non-confidential. If it is determined that you retain moral rights (including rights of attribution or integrity) in the content submitted by you, you hereby declare that (a) you do not require that any personally-identifying information be used in connection with the content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the content by us or our licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the content; and (d) you forever release us, and our licensees, successors and assigns, from any claims that you could otherwise assert against us by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the content for that user's personal use. Notwithstanding the foregoing, you acknowledge that your Feedback may contain concepts, ideas, materials, proposals, suggestions and the like relating to Kuush Technologies or its initiatives, (your “Ideas.”) With respect to your Ideas you acknowledge that: (a) we receive numerous submissions from many parties and/or may have independently-developed and/or considered ideas similar to your Ideas, and that our review of your Ideas is not an admission of novelty, priority or originality; and (b) our use of any ideas similar to your Ideas, whether based on your Feedback or Submissions, provided to us by third parties, or independently-developed or considered by us, shall be without obligation to you. 8. CONFIDENTIALITY You hereby acknowledge and agree that all information, written and oral, concerning Kuush Technologies Services furnished from time to time to you is provided on a confidential basis. You further acknowledge and agree that you will not disclose such information, other than where such disclosure is required by law or where such information is already available to the public other than as a result of disclosure by Kuush Technologies, to anyone other than Kuush Technologies's officers, directors, employees, legal counsel, accountants, or authorized agents or advisors, who will agree in writing to be bound by the provisions of this Section. Please see our Privacy Policy for detail on what confidential information we collect from our users, how we use such information, and with whom we share it. 9. Third-Party Advertisements, Promotions, and Links 9.1 Third Party Advertisements and Promotions We may, from time to time, run advertisements and promotions from third parties on the Site or via the Kuush Technologies Services. Your dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site or via the Kuush Technologies Services. 9.2 Use of Third-Party Tools We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use of optional tools by you, as offered through the Site or via the Kuush Technologies Services is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party providers. We may also, in the future, offer new services and/or features through the Site or via the Kuush Technologies Services, including but not limited to the release of new tools. Such new features and/or services shall also be subject to these Terms, unless otherwise, these features come with their Terms of Service and/or Privacy Policy. 9.3 Third-Party Links Certain content, products and services available via our Site or the Kuush Technologies Services may include materials from third parties. Third-party links on the Kuush Technologies Services may direct you to third-party Websites and/or services that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or Websites and/or services, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party with whom you connect via the services. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 10. DISCLAIMER OF WARRANTIES, LIABILITY LIMITATION 10.1 Kuush Technologies DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE Kuush Technologies SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME Kuush Technologies MAY REMOVE THE Kuush Technologies SERVICES FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE Kuush Technologies SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU. 10.2 YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE Kuush Technologies SERVICES IS AT YOUR SOLE RISK. THE Kuush Technologies SERVICES AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE Kuush Technologies SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY Kuush Technologies) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. 10.3 WE DISCLAIM ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY-IDENTIFIABLE INFORMATION. BY UTILIZING THE Kuush Technologies SERVICES OR SITE YOU ACKNOWLEDGE AND AGREE TO OUR DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR OTHERWISE UTILIZE THE Kuush Technologies SERVICES OR THE SITE. 10.4 IN NO CASE SHALL Kuush Technologies, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE Kuush Technologies SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE Kuush Technologies SERVICES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, PERSONAL INJURY OR DEATH, PROPERTY DAMAGE, REPUTATIONAL HARM, OR LOSS OF INFORMATION OR DATA, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Kuush Technologies SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, Kuush Technologies'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. 10.5 Kuush Technologies SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE Kuush Technologies SERVICE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND Kuush Technologies HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. 10.6 Kuush Technologies DOES NOT REPRESENT OR GUARANTEE THAT THE Kuush Technologies SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND Kuush Technologies DISCLAIMS ANY LIABILITY RELATING THERETO. SOME PRODUCTS AND/OR SERVICES MAY BE DOWNLOADED ONLY ONCE; AFTER BEING DOWNLOADED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN CONTENT. The above limitations shall survive these Terms and inure to the benefit of us and our affiliates and respective directors, officers, employees and agents. 11. WAIVER AND INDEMNITY By using the Kuush Technologies Services, you agree, to the extent permitted by law, to indemnify and hold Kuush Technologies, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of or related to your breach of this Agreement, your use of the Kuush Technologies Services, your use of third-party services, products, links, advertisements, and/or tools, your violations of any third-party rights, including third-party intellectual property rights, the unauthorized use of the Kuush Technologies Services by any other person using your information, your interaction with other users, and or any action taken by Kuush Technologies as part of its investigation of a suspected violation of this agreement or as a result of its finding or decision that a violation of this agreement has occurred. This means that you cannot sue or recover any damages from Kuush Technologies, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the Kuush Technologies service, or to take any other action during the investigation of a suspected violation or as a result of Kuush Technologies's conclusion that a violation of this agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this agreement. 12. MISCELLANEOUS 12.1 GOVERNMENT RESTRICTIONS You may not export or re-export any of your content, and Kuush Technologies services except in compliance with the laws of United States of America. The foregoing and all accompanying documentation are deemed to be "commercial computer software" and "commercial computer software documentation," respectively. Any use, modification, reproduction, release, performing, displaying, or disclosing of the foregoing by the Government of the United States of America is governed solely by the terms of this Agreement. 12.2 ASSIGNMENT Without prior consent of Kuush Technologies you may not transfer or assign your rights granted under this Agreement, in whole or in part, except in connection with a merger, acquisition or sale of all or substantial assets to which this agreement relates. You agree to inform Kuush Technologies of other party involved in any Merger or Acquisition. Kuush Technologies may freely transfer or assign its rights under this agreement. If you purchase a "Transfer Rights" license or if otherwise expressly authorized by your Paid account or higher subscription, you may assign or otherwise transfer the right to distribute your videos to third parties, subject to you following the procedures and terms outlined by Kuush Technologies for the transfer and the assignee separately agreeing with you in writing to be bound by this Agreement. Upon such an assignment or transfer, you may not retain any rights to use that Video further. 12.3 JURISDICTION/DISPUTES This Agreement shall be governed in accordance with the laws of the State of California, United States of America. All disputes under this Agreement shall be resolved by litigation in the courts of the State of California, United States of America, including the federal courts therein and the Parties all consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it. 12.4 ARBITRATION Any and all claims and disputes arising under or relating to this Agreement and/or the Kuush Technologies Services are to be settled by binding arbitration in the State of California, United States of America. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by an arbitrator experienced in the software services industry and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction. No claims and disputes arising under or relating to this provision may be brought by a user more than one (1) year after the event giving rise to the cause of action has occurred or should diligently been discovered. Notwithstanding the foregoing, the parties shall be free to bring a request for injunctive relief before a court of competent jurisdiction in the event of immediate and irreparable harm. 12.5 SUCCESSORS The provisions of the Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their heirs, administrators, successors and assigns. 12.6 WAIVER No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same of other provisions of this Agreement. 12.7 SEVERABILITY If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement. 12.8 INTEGRATION This Agreement constitutes the entire understanding of the Parties, and revokes and supersedes all prior agreements between the Parties and is intended as a final expression of their Agreement. This Agreement shall take precedence over any other documents which may conflict with this Agreement. 12.9 FORCE MAJEURE We shall not be bound to meet any obligation if prevented from doing so as a consequence of acts of God or force majeure, including but not limited to measures taken or imposed by any government or public authority or in case of any other event beyond the control of us, including but not limited to natural disasters (such as storm, hurricane, fire, flood, earthquake), war, civil unrest, terrorist activities, states of emergency, government sanctions, embargoes, nationalizations, strikes and breakdowns of public utilities (such as of electricity or telecommunication services). We shall use all reasonable efforts to notify you of the circumstances causing the delay and to resume performance as soon as possible, both without undue delay. 12.10 AFFILIATE DISCLOSURE We may have an affiliate relationship with third-parties and affiliates to whose products and/or services we link and promote through the Site and/or the Kuush Technologies Services. Because of this relationship, we may earn a commission on products purchased by a user from a third-party affiliate. 12.11 AUTHORITY Each Party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its Terms. 12.12 Rights of Third Parties These Terms do not give any right to any third party unless explicitly stated herein. 12.13 Relationship of the Parties The parties are independent contractors under these Terms, and nothing herein shall be construed to create a partnership, joint venture or agency relationship between them. Neither party has authority to enter into Terms of any kind in the name of the other party. 12.14 NOTICES Except as explicitly stated otherwise, any notices shall be given by postal mail to Kuush Technologies, Inc., at 3260, Hillview Avenue, Palo Alto, CA 94304, United States of America and in the case of any user, to the email address you provide to us (either during the registration process or when your email address changes). Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us upon Account registration. In such case, notice shall be deemed given three (3) calendar days after the date of mailing.
About Kuush Technologies: Kuush Technologies, Inc. is a Delaware corporation. The term “Kuush Technologies” refers to the following: - Kuush Technologies English language website accessible through the URL https://www.kuushtech.com - Kuush Technologies’s other language websites accessible through relevant URLs. - Any successor URLs, mobile or localized versions and related domains and subdomains. - Kuush Technologies’s Do-It-Yourself Visual Content Creation Platform. The terms “You”, “Your”, “User” or “Users”, refers to either individuals or organizations registering their credentials to use Kuush Technologies for any legal purposes. The terms “Visitor” or “Visitors”, refers to either individuals or organizations that access Kuush Technologies website anonymously without logging in or purchasing a subscription on Kuush Technologies. Note: To know more on Kuush Technologies’s other language websites, Users and Visitors may mouseover on the Globe icon located on the top right corner on the homepage of Kuush Technologies English website, accessible through the URL https://www.kuushtech.com. On mouseover, Users and Visitors will see a dropdown down list of URLs of Kuush Technologies’s other language websites. About Kuush Technologies Privacy Policy: Kuush Technologies Privacy Policy applies to all Kuush Technologies websites operated by Kuush Technologies Inc. Kuush Technologies Privacy Policy governs the collection and use of your data by Kuush Technologies. Questions on Kuush Technologies’s Privacy Policy: If you have questions regarding Kuush Technologies Privacy Policy, please email us at info@Kuush Technologies.com or send a written letter to: Kuush Technologies Inc. 3260, Hillview Avenue, Palo Alto, CA 94304, USA. What Data Do We Collect from You? Depending on how you use our website, we collect different types of data: As a Visitor: You access our website anonymously without logging in or purchasing a subscription on Kuush Technologies. We will not ask you to provide us with any information. As a Free User: You sign up for a free subscription and become a Free User of our website. We will ask you to provide us with certain Personally Identifiable Information or PII. PII is used to create your account. PII enables you to use our website. As a Paid User: You purchase a subscription and become a Paid Subscriber. We will require your PII and Payment Data. This will enable us to process your purchase. Please review Kuush Technologies Data Policy, for more information on our data collection and processing. Does Kuush Technologies use Cookies? Yes. Kuush Technologies uses Cookie Data to recognize and remember the following: The type of browser you used to login to our website. Date and time you logged in to our website. Your preferred browser language. Kuush Technologies uses Cookie Data to help save your website preferences for future visits. Kuush Technologies uses Cookie Data to compile aggregated data about site traffic and site interactions. Kuush Technologies uses Cookie Data to offer better website experiences and tools in the future. What Do We Use Your Data For? User Data that we collect will be used in the following ways: To Provide Access to Kuush Technologies Features: To provide you access to the features that come with the plan that you had subscribed and paid for. Kuush Technologies Website Enhancement: We continuously strive to improve the Kuush Technologies website features based on the information and feedback we receive from you. User Communication: Kuush Technologies shares it’s newsletter and promotional communications through email. These email contains information and updates pertaining to your subscription. If a User no longer wishes to receive Kuush Technologies’s newsletter and promotional communications, User may Opt-Out of receiving them by clicking on the “Unsubscribe" link which appears at the bottom of every email we send you. However, it should be noted that Users may be unable to Opt-Out of certain important Kuush Technologies related communications. Please review Kuush Technologies Data Policy, for more information on our data collection and processing. Do We Disclose Any of Your information to Outside Parties? 3rd Party Service Providers: Yes. Kuush Technologies shares User Data with certain trusted 3rd party providers who provide a range of services including: Website Performance Improvement Services, User Support Services, Billing Services, Cloud Hosting Solutions, and Analytics Services. As part of the provision of their services to Kuush Technologies, Kuush Technologies may transfer some of User’s necessary information to them, for them to perform such service. Kuush Technologies has also entered into contracts with such 3rd party providers in order to ensure that the information that is provided regarding Users is kept confidential and secure. Other Specific Providers: In certain circumstances, we may also disclose your information to other outside parties. This could happen if: We believe that, under the specific circumstances, releasing such information will be appropriate in order to comply with laws and regulations applicable to us; We want to protect our legitimate interest and in order to do so we would need to disclose your information, and only after we made sure that we cannot protect our interest without disclosing your information; We need to protect your interests or another individual’s vital interests. No information will ever be provided to outside parties for marketing, advertising or other such uses without your consent, or where we are obliged to disclose such information by law. Does Kuush Technologies offer 3rd Party Links? Yes. Kuush Technologies does offer 3rd party links on its blog. Kuush Technologies blog writers take extraordinary caution in recommending only those websites that are safe to visit. These websites are chosen in such a manner that they add value to what is already being shared on the blog post. However, please keep in mind, clicking on links that take you out of Kuush Technologies website, and into other websites comes with its own risks. Please be cautious in sharing your information on these websites that you are visiting. Your Rights Right to Lodge a Complaint If you believe that your right to data protection and privacy has been infringed by us in any way, you may contact the relevant supervisory authority in the place where you reside. You may also reach out to us by emailing us @ info@Kuush Technologies.com and seeking more information on the same. future: Right to Access / Right To Rectification Kuush Technologies makes good faith effort to provide Users with access to User Data for viewing, editing and removal upon request. Kuush Technologies provides Users the means to edit User Data if it is inaccurate. Kuush Technologies deletes User Data on User’s request, if it is not otherwise required to be retained by law or for legitimate business purposes. Users may access, review, correct, update, change or delete their User Data at any time. Users may access their data using features available within Kuush Technologies by signing in to their account to make the desired changes. Users may access their data, by emailing Kuush Technologies Support team at info@Kuush Technologies.com with your Kuush Technologies Account Login User ID, your name and the specific data to be accessed, corrected or removed. Kuush Technologies may decline to process User Data access requests that are unreasonably repetitive or systematic, require disproportionate technical effort. For instance, requests concerning User Data residing on backup tapes, jeopardise the privacy of other Users, would be extremely impractical, or for which access is not otherwise required. In any case where Kuush Technologies provides access and facilitates correction, the service is provided free of charge, except if doing so would require a disproportionate effort. Please note that if a User deletes their User Account or Kuush Technologies terminates a User’s access to Kuush Technologies in accordance with Kuush Technologies Terms of Service Agreement the User may no longer have the ability to access or update their User Data. Right to Be Forgotten/Erasure User may trigger an Kuush Technologies Account Deletion request by following either of the following processes: Click on Delete Account button located within their My Account page. Email Kuush Technologies Support team using the email address: info@Kuush Technologies.com using the Subject line “Account Deletion”. Kuush Technologies will respond to all Account Deletion requests within 30 days. Despite deletion request from a User, Kuush Technologies may retain User's PII for the following reasons: To comply with a legal obligation. For public health purposes in the public interest. For archiving purposes in the public interest. For scientific research. For historical research. For statistical purposes. For the defense of legal claims. Right to Data Portability You have the right to ask us to provide a copy of your information to another entity or a service provider, in the event that you wish to move your account to them. If you wish to have such a copy, please contact us at info@Kuush Technologies.com and we shall provide it to you in an electronic and machine readable form so that you may transmit such information to another entity. If it is technically feasible and should you wish, we will transfer such information directly to such another entity at your request. Please be advised we will not be able to provide you with such a copy or transfer such information to such an entity if it would adversely affect the rights and freedoms of other Users. Data Sharing: Kuush Technologies does not sell, trade, share or transfer User Data to 3rd parties except in the following limited circumstances: Kuush Technologies may share User Data with our subsidiaries and affiliates and 3rd party service providers. Kuush Technologies may share User Data for marketing or advertising of Kuush Technologies. Kuush Technologies may share User Data with its service providers for direct emailing of its newsletters or notifications of Kuush Technologies. Kuush Technologies may share User Data with a 3rd party, after obtaining prior consent from respective User(s). Kuush Technologies may share User Data with its partners who offer Services to Users jointly with Kuush Technologies. Kuush Technologies may share User Data to process payments. Kuush Technologies may share and/or transfer User Data, if Kuush Technologies becomes involved in a merger, acquisition, bankruptcy, or any form of sale of some or all of its assets. Kuush Technologies may share User Data with service providers and government entities to detect, prevent, or otherwise address fraud or security or technical issues. Kuush Technologies may share User Data when it has a good faith belief that access, use, preservation or disclosure of such User Data is reasonably necessary to accomplish the following: (a) Satisfy any applicable law, regulation, legal process or enforceable governmental request; (b) Enforce Kuush Technologies Terms of Service Agreement, including investigation of potential violations thereof; c) Protect against imminent harm to Kuush Technologies rights, property or safety, or that of Users or the public as required or permitted by law; Kuush Technologies may share aggregated or anonymized User Data with 3rd parties for other purposes. Anonymized User Data does not identify Users individually, but may include usage, viewing and technical data such as the types of services, Kuush Technologies Users generally use, the configuration of their computers, and performance metrics related to the use of Kuush Technologies which Kuush Technologies has collected. Data Security: The security of User Data is important to Kuush Technologies. Kuush Technologies has in place, physical, electronic, and procedural safeguards designed to protect User Data. Sensitive User Data like passwords and CVV numbers are encrypted in transit using industry-standard Transport Layer Security (TLS) encryption technology. All sensitive information, including credit card details, is transmitted via Secure Socket Layer (SSL) technology, and then encrypted into our payment gateway providers database, which is only accessible to those authorized with special access to each system. No method of transmission over the Internet, method of electronic storage or other security methods are one hundred percent secure. Therefore, while Kuush Technologies strives to protect User Data, Kuush Technologies cannot guarantee its absolute security. Kuush Technologies shares limited access to User Data with its employees, in order to provide relevant Services to Users. However, such privileged access comes with strict controls and logs monitoring the employee’s use. Data Retention Kuush Technologies may retain User Data: As necessary to support Kuush Technologies. To comply with Kuush Technologies’s own legal obligations. To resolve disputes. Any content posted by Users, may remain on Kuush Technologies, even after the User ceases using Kuush Technologies or even after Kuush Technologies terminates their access to Kuush Technologies’s Services. Users Under the Age of 13 Kuush Technologies is not for use by Users under the age of 13. Kuush Technologies will not and does not ask for, or knowingly collect any Data from Users under the age of 13. Visitors to our website under the age of 13 or younger, will not be required to disclose their personal data. Student Users under the age of 13 accessing Kuush Technologies and/or any other subdomain, under the direction of a school project, will have to provide the contact details of their teacher, rather than their own personal data. If you are under the age of 13, you should not attempt to send or send any Data, including, but not limited to, about yourself to Animker, including your name, address, telephone number, or email address. If you are a parent or legal guardian or teacher of a User under the age of 13 and believe that Kuush Technologies might have any Data from or about a User under the age of 13, please email us at info@Kuush Technologies.com In the event that we become aware by confirmation, that we have collected any Data from any User under the age of 13, we will delete that Data promptly and inform you of the details. Changes to Kuush Technologies Privacy Policy: Kuush Technologies reserves the right to change Kuush Technologies Privacy Policy at any time. If and when the changes are made, the “Last Edited” date on this page will reflect the same. If and when the changes are made, Users will be notified, on this page, by email or through notice on other relevant webpages within Kuush Technologies.
D.
About Kuush Technologies: Kuush Technologies, Inc. is a Delaware corporation. The term “Kuush Technologies” refers to the following: - Kuush Technologies English language website accessible through the URL https://www.kuushtech.com - Kuush Technologies’s other language websites accessible through relevant URLs. - Any successor URLs, mobile or localized versions and related domains and subdomains. - Kuush Technologies’s Do-It-Yourself Visual Content Creation Platform. The terms “You”, “Your”, “User” or “Users”, refers to either individuals or organizations registering their credentials to use Kuush Technologies for any legal purposes. The terms “Visitor” or “Visitors”, refers to either individuals or organizations that access Kuush Technologies website anonymously without logging in or purchasing a subscription on Kuush Technologies. Note: To know more on Kuush Technologies’s other language websites, Users and Visitors may mouseover on the Globe icon located on the top right corner on the homepage of Kuush Technologies English website, accessible through the URL https://www.kuushtech.com. On mouseover, Users and Visitors will see a dropdown down list of URLs of Kuush Technologies’s other language websites. Kuush Technologies Data Policy: Kuush Technologies Data Policy applies to all Kuush Technologies websites operated by Kuush Technologies Inc. Kuush Technologies Data Policy is to share information with Kuush Technologies Users on User Data Collection and Management. Kuush Technologies Data Policy applies solely to User Data collected by Kuush Technologies. Kuush Technologies is not responsible for privacy policies and legal terms of service of 3rd party Websites, even if they are affiliated with Kuush Technologies through a partnership or otherwise. Kuush Technologies encourages Users to familiarize themselves with the privacy policies and legal terms of such 3rd party Websites to determine how they handle Data, that they collect on their own, with or without any assistance from Kuush Technologies. Kuush Technologies contain features that enable Users to post reviews, comments or other content that is publicly viewable. Users should be aware that any Data that they submit as part of these posts can be read, collected, or used by other Users or Visitors to Kuush Technologies, and could be used to send unsolicited messages to Users. Kuush Technologies may also contain links to 3rd party Websites. Kuush Technologies is not responsible for User Data chosen by the User to publicly post on 3rd party Websites, other than Kuush Technologies. Please be aware that Kuush Technologies may not be able to warn Users, when they choose to click through to visit other Websites, while using Kuush Technologies. Questions on Kuush Technologies’s Data Policy: If you have a question on Kuush Technologies Data Policy, please email us at info@Kuush Technologies.com or send a written letter to: Kuush Technologies Inc. 3260, Hillview Avenue, Palo Alto, CA 94304, USA. User Cookie Data: For more on User Cookie Data, please review Kuush Technologies's Cookie Policy. . User Payment Data: 1. How is User Payment Data Collected? Kuush Technologies collects User Payment Data as and when Users subscribe to any of the paid plans offered by Kuush Technologies using the following services: 1. Payment Page when upgrading to paid plans. 2. Existing users may change their payment data by accessing the Payment Tab within User’s My Plan Page. 2. How does Kuush Technologies obtain Consent from User? Exclusive consent (Opt-In) is obtained prior to Users sharing their Payment Data with Kuush Technologies. 3. Can Users Opt-Out of having their Payment Data collected? Yes. Kuush Technologies provides Users the opportunity to “Opt-Out” of having their Payment Data collected. However, User Payment Data is mandatory to pay for any paid subscriptions and use Kuush Technologies’s paid Kuush Technologies. 4. Can Users View or Edit their Payment Data? Yes. User may view their Payment Data shared with Kuush Technologies, any time. User may use the editing features available to edit their Payment Data. 5. How does Kuush Technologies use User Payment Data? When Users pay for any of the Kuush Technologies paid subscription plans, Kuush Technologies shares the User’s online Payment (Credit Card/Debit Card) with its payment processing partner, Braintree Payment Gateway (“Braintree”). 6. What is Braintree Payment Gateway? Braintree helps businesses accept and process online payments. Braintree processes User Payment Data through their Braintree Checkout service. Please click here to access Braintree’s Websites: https://www.braintreepayments.com 7. How does Braintree store the User Payment Data? Braintree stores User Payment Data partially based on Payment Card Industry (PCI) compliance. Braintree commits to complying with the Payment Card Industry Data Security Standard (PCI-DSS) and using industry standard security. Please click here to access Braintree’s Terms of Service: https://www.braintreepayments.com/legal Please click here to access Braintree’s Privacy Policy: https://www.paypal.com/webapps/mpp/ua/privacy-ful 8. How does Kuush Technologies protect User Payment Data? Sensitive User Data like CVV numbers are encrypted in transit using industry-standard Transport Layer Security (TLS) encryption technology. However, no method of transmission over the Internet, method of electronic storage or other security methods are one hundred percent secure. Therefore, while Kuush Technologies strives to protect User Payment Data, Kuush Technologies cannot guarantee its absolute security. User's Personally Identifiable Information, referred to as User PII: The following PII is voluntarily shared by the User with Kuush Technologies: 1. First and Last Name 2. Home Address 3. Work Telephone Number 4. Websites/Blog URLs 5. Industry 6. Organization 1. How is User PII collected? Users share their PII with Kuush Technologies through a Data collection form, when they register to use Kuush Technologies. User PII is also collected, when Users voluntarily provide their PII via email or via Kuush Technologies’s messaging platforms. 2. How does Kuush Technologies obtain Consent from User? Exclusive consent (Opt-In) is obtained prior to Users voluntarily sharing their PII with Kuush Technologies. None of the User PII is mandatorily collected from Users. 3. Can Users Opt-Out of having their PII collected? Yes. Kuush Technologies provides Users the opportunity to “Opt-Out” of having their PII collected. It is not mandatory. However, it should be noted, that if Users Opt-Out, Kuush Technologies may not be able to provide certain services. 4. Can Users View, Edit or Remove User PII? Yes. User may view their PII shared with Kuush Technologies, any time. User may use the editing features available to edit or remove their PII, any time. 5. How does Kuush Technologies use User PII? Kuush Technologies uses User PII to provide, maintain and improve its Kuush Technologies, including to operate certain features and functionality of Kuush Technologies. Kuush Technologies remembers an User accessing Kuush Technologies using their previously shared PII, so that the User does not have to re-enter it every time during their visits. Kuush Technologies uses User PII to process and respond to User inquiries and deliver high quality Kuush Technologies. Kuush Technologies uses User PII to communicate directly with Users, including by sending newsletters, promotions and special offers on new products and Kuush Technologies. 6. How does Kuush Technologies protect User PII? User Data is protected in a secured manner using industry-standard Transport Layer Security (TLS) encryption technology. However, no method of transmission over the Internet, method of electronic storage or other security methods are one hundred percent secure. Therefore, while Kuush Technologies strives to protect User Data, Kuush Technologies cannot guarantee its absolute security. 7. Does Kuush Technologies share User PII with any 3rd Party? Yes. Kuush Technologies shares Cookie Data with certain trusted 3rd party providers who provide a range of services including: Website Performance Improvement Services, User Support Services, Billing Services, Cloud Hosting Solutions, and Analytics Services. As part of the provision of their services to Kuush Technologies, Kuush Technologies may transfer some of User’s necessary information to them, for them to perform such service. Kuush Technologies has also entered into contracts with such 3rd party providers in order to ensure that the information that is provided regarding Users is kept confidential and secure. 8. How does Kuush Technologies store all User Data? Data is hosted with data centers qualified by global IT standards and regulations. All personal data is stored and transferred in compliance with applicable global regulations. User authentication and profile data is collected and processed within Amazon Web Services(AWS). These services comply with recommended global security standards, and have necessary measures instituted for the protection of data. Changes to Kuush Technologies Data Policy: Kuush Technologies reserves the right to change Kuush Technologies Data Policy at any time. If and when the changes are made, the “Last Edited” date on this page will reflect the same. If and when the changes are made, Users will be notified, on this page, by email or through notice on other relevant pages within Kuush Technologies.