Welcome and thank you for using Kuhlab! - the social network for creative professionals. Our mission is simple, to provide a space where creatives can connect, collaborate and create together. By accessing or using the Kuhlab service (the “Service”), however accessed, you’re agreeing to our terms – which should be read in conjunction with our Privacy Policy, so please take a few minutes to read them through.If you do not agree to be bound by these Terms of Use, you may not access or use the Service.

These Terms of Use were last modified on 28/06/2014

1. General disclaimer

2. Privacy and data protection

3. Disclaimer of warranties

4. User obligations

5. Kuhlab’s rights

6. Intellectual property rights

7. Indemnity

8. Limitation of liability

9. Termination

10. General

Definitions

“Agreement” means:

the agreement entered into between the User and Kuhlab on accepting these Terms of Use.

“Buyer” means:

a User who buys the services of another User or Third Party via the Service.

“Content” means:

data, text, files, information, user names, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials including jobs, projects, feedback and deals.

“Kuhlab” means:

the Kuhlab mobile application, the Kuhlab Website and The Kuhlab Corporation Ltd Company as a whole.

“Seller” means:

a User or Third Party who sells his or her services to another User via the Service.

“User” means

a user of the Service.

1. General Disclaimer

1. The User acknowledges that any job or project posted on the Service is their sole responsibility. The User agrees that Kuhlab makes no guarantees that a post will receive applications. The User acknowledges that it is the responsibility of the Buyer and Seller to negotiate the terms of any job or project and that Kuhlab makes no warranty regarding any services bought or sold through the Service. The User acknowledges that it is their responsibility to verify details or documents presented by another User on the Service before entering into an agreement with any User. Kuhlab accepts no liability for the accuracy of any details or documents posted on the Service or any damage caused as a result of a User posting inaccurate details, content or documents.

2. Kuhlab does not recommend or endorse any specific User.

3. Kuhlab does not accept any liability in respect of any contract or other agreement entered into between a Buyer and a Seller. In particular, but without limitation, Kuhlab is not liable in respect of the quality or fitness for purpose of any job or project performed (or not performed) by any User and therefore shall not be liable to a User for any dispute, act or omission resulting from dealings between a Buyer and a Seller, including but not limited to any loss whatsoever (whether direct or indirect) incurred by a Buyer or Seller, howsoever arising.

4. Any deals posted on the site are subject to the terms and conditions presented by the third party or user who posted them. Kuhlab makes no warranty regarding any deal bought through or outside of the service. Also Kuhlab accepts no liability for any damage or loss caused by, and additionally the availability of, any deal bough through or outside the service.

5. There may be links from the Service, or from communications you receive from the Service, to third party web sites or features. This includes without limitation, links contained within jobs, deals, messages or portfolio entries posted on the Service. There may also be links to third party web sites or features in images, comments or status posts within the Service. Kuhlab does not control any of these third party web services or any of their content. Users expressly acknowledge and agree that Kuhlab is in no way responsible or liable for any such third party services or features. Users’ correspondence and business dealings with third parties found through the Service are solely between Users and third parties and Kuhlab does not accept any liability whatsoever in respect of such communications.

2. Privacy and data protection

1. By accepting these Terms of Use, the User consents to Kuhlab’s Privacy Policy.

2. Kuhlab is happy to provide, on request from a User and subject to receipt of proof of identity, a copy of any data held by Kuhlab on that User. For this service, Kuhlab reserves the right to charge an amount to cover administrative costs, the level of which shall be communicated to the User at the time of the request.

3. Kuhlab will make registered User profile information, including ratings, comments and feedback from other Users, available for other Users to see. A User may hide feedback from public view. However, a User’s average rating may still be affected by such hidden feedback.

3. Disclaimer of warranties

1. The Service is provided on an “as is” and “as available” basis. Kuhlab makes no warranties or representations, whether express or implied, in relation to the Service, including without limitation, implied warranties or conditions of completeness, accuracy, satisfactory quality and fitness for purpose.

2. Kuhlab makes no warranty that the Service or use of the Service will meet a User’s requirements or will be uninterrupted, timely, secure or error-free.

3. No warranty is given by Kuhlab as to results that may be obtained or the accuracy of any information obtained through the Service, or that any defects in the Service will be corrected. The User agrees that any material or data obtained through the Service is at their own discretion and risk.

4. User obligations

1. To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are the “Minimum Age” (defined below) or older; (2) are not currently restricted from the Service, or not otherwise prohibited from having a Kuhlab account, (3) are not a competitor of Kuhlab or are not using the Service for reasons that are in competition with Kuhlab; (4) will only maintain one Kuhlab account at any given time; (5) have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of Kuhlab or third party, including intellectual property rights such as copyright or trademark rights; (7) agree to provide at your cost all equipment, software, mobile access, and internet access necessary to use the Services; and (8) you represent and warrant that you have never been convicted of a crime and that you are not required to register as a sex offender with any government entity.

“Minimum Age” means (a) 14 years old for the United States and (b) 13 years old for the U.K. However, if applicable law requires that you must be older than such ages in order for Kuhlab to lawfully provide the Services to you (including the collection, storage and use of your information in accordance with our privacy policy) then the Minimum Age would be such older age. The Services are not designed nor intended for use by children or anyone else under the age of 13.

2. The User is solely responsible for the Content that they post on the Service. Users agree to provide true, accurate, current and complete information when providing details to Kuhlab. Users agree not to impersonate any other person or entity or to use false or unauthorized names.

3. Users must not post Content that is false, inaccurate, misleading, offensive, defamatory, abusive or in breach of copyright, privacy or any other intellectual property, or other, rights.

4. Information posted by Users must not be in breach of any applicable laws or regulations.

5. Users may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or any other content via the Service, including links to any third party that contains the above-described content.

6. Users must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and must not post private or confidential information via the Service, including, without limitation, any credit card information, national insurance numbers, social security or any other national identity numbers, non-public phone numbers or non-public email addresses.

7. Users may not use the Service for any illegal or unauthorised purpose. Users agree to comply with all laws, rules and regulations applicable to your use of the Service and your Content, including but not limited to intellectual property, copyright, privacy and employment laws.

8. Users must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. Users may not inject content or code or otherwise alter or interfere with the way the Service is rendered or displayed in a User's browser or device.

9. Users must not create accounts jobs or deals with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.

10. Users must not attempt to restrict other Users from using or enjoying the Service and must not encourage or facilitate violations of these Terms of Use.

11. Users must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any other Users.

12. To enable Kuhlab to use Content, Users grant to Kuhlab a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) licence to exercise the copyright, trade mark, publicity and database rights Users may have in the Content, in any media now known or not currently known. Users also waive all moral rights they have in the Content to the fullest extent permitted by law.

13. Users hereby acknowledge that Kuhlab, at its absolute discretion, shall be entitled to edit, modify or remove any part or parts of the Content, which it considers is in breach of any provision of these Terms of Use.

5. Kuhlab’s rights

1. We reserve the right to modify or terminate the Service or a User’s access to the Service for any reason, without notice, at any time, and without liability to any User.

2. Kuhlab may change these Terms of Use from time to time and shall alert Users to such change by email or via the Service. If Users do not agree to the changes made to the Terms of Use, they must stop using the Service. Continued use of the Service after the date the changes have been made will constitute acceptance of the amended terms.

3. Kuhlab reserves the right to refuse access to the Service to anyone for any reason at any time.

4. Kuhlab reserves the right to take down any Content that advertises a product or service (excluding a User’s own creative service) that could be recognised as an “advertisement” and as such should be located in the “deals” section of the Service.

5. Kuhlab reserves the right to force forfeiture of any username for any reason.

6. Kuhlab may, but has no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that it determines in its sole discretion violate these Terms of Use.

7. Kuhlab reserves the right to investigate and monitor any negative, or what it reasonably suspects to be, fraudulent ratings and to remove ratings and comments if it considers appropriate to do so.

8. Some of the Service is supported by advertising revenue and may display advertisements and promotions, and Users hereby agree that Kuhlab may place such advertising and promotions on the Service or on, about, or in conjunction with Users’ Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to Users. Users acknowledge that Kuhlab may not always identify paid services, sponsored content, or commercial communications as such.

6. Intellectual property rights

1. Users acknowledge that all present and future copyright and other intellectual property rights subsisting in, or used in connection with, the Service (the “Rights”), including the Kuhlab name and logo and the manner in which the Service is presented or appears and all information and documentation relating thereto is the property of Kuhlab and nothing contained in these Terms of Use shall be construed so as to transfer any such rights to Users.

2. Without prejudice to 6(1) above, if and to the extent that a User owners any or all of the Rights, the User hereby irrevocably and unconditionally assigns the Rights, with full title guarantee, to Kuhlab for the full period of copyright and all renewals, extensions and/or revivals thereof, in perpetuity, throughout the world.

7. Indemnity

1. The User agrees to indemnify Kuhlab on demand and hold Kuhlab harmless against any and all expenses, damages and losses of any kind (including reasonable fees and costs) incurred by Kuhlab in connection with any claims, actual or threatened, of any kind (including without limitation any claim of infringement of intellectual property rights, libel, defamation, breach of confidentiality, false or misleading advertising or sales practices) arising from the posting of Content by the User or the User’s use of the Service.

8. Limitation of liability

1. The User agrees that, except for death and personal injury arising from Kuhlab’s negligence, Kuhlab shall not be liable in contract, tort, negligence, statutory duty or otherwise, for any loss or damage whatsoever arising from or in any way connected with this Agreement, including, without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, loss of data or any other economic loss (even where Kuhlab has been advised of the possibility of such loss or damage).

2. Kuhlab does not and cannot be involved in dealings between Buyers and Sellers and in the event of a dispute between a Buyer and a Seller, the User agrees not to hold Kuhlab responsible and hereby releases Kuhlab (and its agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any eway connected with such dispute.

3. Save as expressly set out herein, all conditions, warranties and obligations which may be implied or incorporated into this Agreement by statute, common law or otherwise, and any liabilities arising therefrom, are hereby expressly excluded to the extent permitted by law.

9. Termination

1. Kuhlab reserves the right to remove a User from the Service, temporarily or permanently (as the case may be), with immediate effect, as it sees fit and in circumstances including, without limitation, where Kuhlab suspects that a User is in material breach of any of the terms of these Terms of Use.

2. All provisions of this Agreement which in order to give effect to their meaning need to survive its termination shall remain in full force and effect thereafter.

10. General

1. The headings in this Agreement are inserted only for convenience and shall not affect its construction.

2. If any provisions of these Terms of Use are held to be illegal and unenforceable, such provisions shall be severed and the remainder of this Agreement shall remain in full force and effect.

3. A User may not assign, transfer or sub-contract any of their rights without Kuhlab’s prior written consent. Kuhlab may assign, transfer or sub-contract all or any of its rights at any time without a User’s consent.

4. No relaxation, forbearance, delay or indulgence by Kuhlab in enforcing any of the provisions of this Agreement, or the granting of time by Kuhlab, shall prejudice, affect or restrict the rights and powers of Kuhlab under this Agreement nor shall any waiver by Kuhlab of any breach of this Agreement operate as a waiver of or in relation to any subsequent or any continuing breach of this Agreement.

5. This Agreement constitutes the entire agreement and understanding of the User and Kuhlab and supersedes all prior oral or written agreements, understandings or arrangements between them relating to the subject matter of this Agreement. The User acknowledges that no reliance is placed on any representation made but not embodied in these Terms of Use.

6. Nothing in this Agreement shall be construed so as to render Kuhlab the agent of a User (or vice versa) or to constitute Kuhlab and the User as members of a joint venture or partners, nor shall any similar relationship between them be deemed to exist.

7. No terms or conditions other than those set out in these Terms of Use (or any variation thereof) shall be binding on Kuhlab, unless in writing and signed on behalf of both Kuhlab and the User.

8. Nothwithstanding any other provision of this Agreement, a person who is not a party hereto has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce the terms of this Agreement.

9. This Agreement shall be governed by and construed in accordance with the laws of England and Wales and Kuhlab and the User for this purpose hereby submit to the exclusive jurisdiction of the English courts.

Please contact us if you have any questions about these Terms of Use:

By email: help@kuhlab.com

Or write to us at:

Kuhlab Corporation Ltd
The Old Police Station
82 High Street
Golborne
Warrington
WA3 3DA

Please allow sufficient time for us to process your request.

We may ask for proof of identity and reserve the right not to provide information if identity is not established.