Terms and Conditions
Kuuler Toolbars Terms of Service
By using the Kuuler Toolbars service found at www.kuulertoolbars.com,
you are agreeing to be bound by the following
terms and conditions ("Terms of Service").
Kuuler toolbars reserves the right to update and change the Terms of
Service from time to time without notice. Any new features that
augment or enhance the current Service, including the release of new
tools and resources, shall be subject to the Terms of Service.
Continued use of the Service after any such changes shall constitute
your consent to such changes. You can review the most current version
of the Terms of Service at any time at:
http://www.kuulertoolbars.com/terms
Violation of any of the terms below will result in the termination of
your Account. While kuuler toolbars prohibits such conduct and Content on
the Service, you understand and agree that Kuuler toolbars cannot be
responsible for the Content posted on the Service and you nonetheless
may be exposed to such materials. You agree to use the Service at your
own risk.
Account Terms
You must provide your legal name, a valid email address, and any
other information requested in order to complete the signup process.
Your login may only be used by one person -- a single login shared by
multiple people is not permitted. You may create separate logins for
as many people as your plan allows.
You are responsible for maintaining the security of your account and
password. Kuuler toolbars cannot and will not be liable for any loss or
damage from your failure to comply with this security obligation.
You may not use the Service for any purpose that is competitive to
Kuuler toolbars (as determined solely by Kuuler toolbars).
You may not use the Service for any illegal or unauthorized purpose.
You must not, in the use of the Service, violate any laws in your
jurisdiction (including but not limited to copyright laws).
You agree to the following policies:
Kuuler toolbars Anti-Spam Policy
Privacy Policy
Kuuler toolbars Business Cancellation Policy
Payment, Refunds, Upgrading and Downgrading Terms
An upgrade from the free trial plan to any paying plan will end your
free trial. You will be billed immediately upon upgrading.
The Service is billed in advance on a term basis (monthly or yearly)
and is non-refundable. In the case of a plan change or cancellation, a
prorated credit for any unused term is applied to your account
balance. Account balances can be applied against future charges only
and are not refundable. In order to treat everyone equally, no
exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by
taxing authorities, and you shall be responsible for payment of all
such taxes, levies, or duties, excluding only United States (federal
or state) taxes.
In order to prevent abuse of the Service, total screencasts created
cannot exceed 125% of your plan’s screencast storage limit. For
example, a plan with a 2,500 screencast storage limit cannot exceed
3,125 total screencasts ever created. Creating more screencasts than
your plan’s storage limit is made possible by deleting existing
screencasts. The additional 25% (or 625 screencasts in the above
example) provides a generous buffer for deletion of screencasts.
For any upgrade or downgrade in plan level, a prorated credit will be
applied for the current plan’s unused term. A charge for the full
amount of the new plan will be applied. The period start date will
reset to today’s date.
Downgrading your Service may cause the loss of Content, features, or
capacity of your Account. Kuuler toolbars does not accept any liability for
such loss.
Cancellation and Termination
You are solely responsible for properly cancelling your account.
Email, phone or written correspondence to cancel your account is not
considered cancellation. You can cancel your account at any time by
going to the Account page and clicking the “Cancel my account” link.
All of your Content and reporting data will be immediately deleted
from the Service upon cancellation. This information cannot be
recovered once your account is cancelled.
If you cancel the Service before the end of your current paid up
term, your cancellation will take effect immediately and you will not
be charged again.
Kuuler toolbars, in its sole discretion, has the right to suspend or
terminate your account and refuse any and all current or future use of
the Service, or any other Kuuler toolbars service, for any reason at any
time. Such termination of the Service will result in the deactivation
or deletion of your Account or your access to your Account, and the
forfeiture and relinquishment of all Content and reporting data in
your Account. Kuuler toolbars reserves the right to refuse service to
anyone for any reason at any time.
Modifications to the Service and Prices
Kuuler toolbars reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Service (or any
part thereof) with or without notice.
Prices of all Services, including but not limited to plan fees to the
Service, are subject to change upon 30 days notice from us. Such
notice may be provided at any time by posting the changes to the
Kuuler toolbars website (www.kuulertoolbars.com) or the Service itself.
Kuuler toolbars shall not be liable to you or to any third party for any
modification, price change, suspension or discontinuance of the
Service.
Copyright and Content Ownership
We claim no intellectual property rights over the material you
provide to the Service. Your profile and materials uploaded remain
yours. However, by setting your Content to be shared publicly, you
agree to allow others to view and share your Content.
Kuuler toolbars does not pre-screen Content, but Kuuler toolbars and its
designee have the right (but not the obligation) in their sole
discretion to refuse or remove any Content that is available via the
Service.
General Conditions
Your use of the Service is at your sole risk. The service is provided
on an "as is" and "as available" basis.
Technical support is only provided to account holders in good
standing and is available via a case submission.
You must not modify, adapt or hack the Service or modify another
website so as to falsely imply that it is associated with the Kuuler toolbars services.
You agree not to reproduce, duplicate, copy, sell, resell or exploit
any portion of the Service, use of the Service, or access to the
Service without the express written permission by Kuuler toolbars.
We may, but have no obligation to, remove Content and Accounts
containing Content that we determine in our sole discretion are
unlawful, offensive, threatening, libelous, defamatory, pornographic,
obscene or otherwise objectionable or violates any party's
intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse
or retribution) of any Kuuler toolbars customer, employee, member, or
officer will result in immediate account termination.
You must not upload, post, host, or transmit unsolicited email, SMSs,
or "spam" messages.
You must not transmit any worms or viruses or any code of a destructive nature.
If your bandwidth usage significantly exceeds the average bandwidth
usage (as determined solely by Kuuler toolbars) of other Kuuler toolbars
customers, we reserve the right to immediately disable your account or
throttle your account until you can reduce your bandwidth consumption.
Kuuler toolbars does not warrant that (i) the service will meet your
specific requirements, (ii) the service will be uninterrupted, timely,
secure, or error-free, (iii) the results that may be obtained from the
use of the service will be accurate or reliable, (iv) the quality of
any products, services, information, or other material purchased or
obtained by you through the service will meet your expectations, and
(v) any errors in the Service will be corrected.
You expressly understand and agree that Kuuler toolbars shall not be
liable for any direct, indirect, incidental, special, consequential or
exemplary damages, including but not limited to, damages for loss of
profits, goodwill, use, data or other intangible losses (even if
Kuuler toolbars has been advised of the possibility of such damages),
resulting from: (i) the use or the inability to use the service; (ii)
the cost of procurement of substitute goods and services resulting
from any goods, data, information or services purchased or obtained or
messages received or transactions entered into through or from the
service; (iii) unauthorized access to or alteration of your
transmissions or data; (iv) statements or conduct of any third party
on the service; (v) or any other matter relating to the service.
The failure of Kuuler toolbars to exercise or enforce any right or
provision of the Terms of Service shall not constitute a waiver of
such right or provision. The Terms of Service constitutes the entire
agreement between you and Kuuler toolbars and govern your use of the
Service, superseding any prior agreements between you and Kuuler toolbars
(including, but not limited to, any prior versions of the Terms of
Service).