By accessing, browsing, or otherwise utilizing Kulkat’s server, website, platforms, APIs, and any other associated digital services (collectively "the Services"), you (the “User”) expressly acknowledge and agree to be legally bound by all terms, conditions, policies, and notices contained or referenced herein ("Agreement"). Your continued usage of any part of the Services constitutes an enforceable contract and irrevocable acceptance of this Agreement, as presently drafted or subsequently amended at the sole discretion of Kulkat and its representatives ("Operator").
"Operator" means the owner, administrators, agents, successors, and assigns of Kulkat’s Server. "User", "You", and "Your" refer to any individual or entity that accesses or uses the Services, with or without registration. "Content" means all materials, information, chats, data, code, graphics, logos, media, and other items available on or through the Services.
3.1. You represent, warrant, and covenant that you will use the Services in compliance with all applicable local, state, national, and international laws, rules, and regulations, and not for any purpose that is unlawful, unauthorized, fraudulent, or prohibited by these TOS.
3.2. You are solely responsible for your actions and omissions while using the Services. The Operator expressly disclaims any and all liability for any misconduct, harm, or damages resulting from your breach of these obligations.
3.3. The Operator reserves the absolute right to investigate and prosecute violations of any part of these TOS to the fullest extent of the law. You expressly consent to such investigation at any time.
4.1. The Services impose no minimum age requirement for participation. If you are under the age of legal majority based on your jurisdiction, your use is undertaken under the full and sole responsibility of your parent or legal guardian.
4.2. The Operator assumes no responsibility or liability for verifying the age or guardianship status of Users.
5.1. You expressly agree that, without prior written consent from the Operator, you will not capture, reproduce, record, broadcast, publish, or disseminate any form of media from the Services, including but not limited to screenshots, screen recordings, videos, photographs, audio recordings, or any derivative or analogous media, via any means or device, software, or service.
5.2. Any infringement of this section shall constitute a material breach and provide the Operator with an immediate cause for suspending or terminating your access to the Services and pursuing all legal remedies available, including equitable relief and damages.
6.1. All personal data collected is subject to our Privacy Policy (“Privacy Guide”), which is incorporated herein by reference. You agree to review and abide by the full privacy policy available here.
6.2. You may not attempt to mine, access, scrape, or collect data on any other User, nor share any such data without express permission of those involved and the Operator. This includes screenshots, recordings, or any media that displays text or IU from this website. This includes any chat/communication at all, unless you have permission.
7.1. The Services and their contents, including but not limited to text, images, graphics, visual interfaces, design, compilation, and computer code, are owned by the Operator, its licensors, or content providers, and are protected by copyright, trademark, service mark, patent, trade secret, and other proprietary rights and laws. No license or right to such content is conferred to you except for the limited, revocable permission to access and use the Services as strictly set forth herein.
7.2. Any unauthorized use, distribution, or creation of derivative works is strictly prohibited and will be prosecuted to the fullest extent of civil and criminal law.
8.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT.
8.2. THE OPERATOR, TOGETHER WITH ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, LICENSORS, AND SERVICE PROVIDERS, SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY LOSS, HARM, INJURY, CLAIM, OR DAMAGE OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR ARISING OUT OF YOUR USE, INABILITY TO USE, OR PARTICIPATION IN THE SERVICES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY.
8.3. KULKAT EXPRESSLY DISCLAIMS ALL WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES, OR FREE FROM SECURITY BREACHES. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, DEVICE, OR DATA LOSS THAT MAY RESULT FROM USE OF THE SERVICES.
9.1. You agree, at your sole cost and expense, to indemnify, defend, and hold harmless the Operator and its affiliates, employees, agents, successors, officers, and directors from and against any and all claims, damages, liabilities, losses, actions, and expenses (including reasonable legal fees) arising out of or related to: (i) your violation of the TOS, (ii) your improper use or attempted circumvention of the Services, (iii) your violation of any rights of another person or entity, or (iv) your breach of any representation or warranty herein.
10.1. UNDER NO CIRCUMSTANCES SHALL KULKAT OR ITS OPERATORS, AGENTS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF USE, LOSS OF REVENUE, GOODWILL, OR PROFITS), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, TORT, OR OTHERWISE, ARISING OUT OF OR RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SERVICES, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE OR THE OPERATOR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.2. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THAT YOU BEAR ALL LIABILITY AND CONSEQUENCES ARISING FROM SUCH USE.
11.1. Users may report abuses, violations, or disputes via email to kulkats.server@gmail.com. All communications should include the relevant facts, applicable screenshots or logs (where permitted by law and these TOS), and contact information for prompt investigation and response. Operator is not obliged to intervene in disputes between users, but may do so at its sole discretion.
12.1. Operator reserves the right, without notice and at its sole discretion, to modify, suspend, discontinue or terminate the Services or your access thereto, including removal of any content or data, at any time and for any reason, including but not limited to violation of these TOS.
13.1. These TOS and all claims arising therefrom or relating thereto shall be governed by and construed in accordance with the substantive laws of the jurisdiction in which the Operator is domiciled, without regard to conflict of law rules.
13.2. Any legal action, proceeding, or dispute arising under these terms shall be brought exclusively in the courts of such jurisdiction. You hereby irrevocably consent and submit to the personal jurisdiction of such courts.
14.1. These TOS (and all supplementary policies incorporated herein) constitute the entire agreement between you and the Operator regarding your use of the Services, superseding any and all prior agreements, understandings, representations, or arrangements, whether written or oral.
14.2. If any provision of these TOS is found by a court of competent jurisdiction to be invalid, unlawful, void, or unenforceable, the remaining provisions shall remain in full force and effect.
15.1. The failure of the Operator to enforce any provision herein will not constitute a waiver of such right or provision.
15.2. You may not assign, transfer, sublicense, or delegate any rights or obligations under these TOS without the express prior written consent of the Operator. The Operator may assign its rights and obligations hereunder at its discretion.