Terms + Conditions
We can’t wait for you to start using Komo, but we of course need to make sure you’re doing it right. We’ve established some ground rules for how to best use our awesome platform below. If you promise to follow them, we promise to keep doing what we do best – constantly improving how we deliver kick-ass gamified content, all with amazing customer service to match.
Terms and Conditions of Service and Use
These Terms and Conditions of Service and Use (“Terms”) describe the terms that apply to individuals who visit komo.digital or any other services, tech, apps, platforms, websites, developed or created by Gravy Gaming Pty Ltd (“Komo”). By using the site or our services, you are agreeing to these Terms. If you do not agree to these Terms, please do not use our site or services.
By using or accessing Komo, you thereby agree, that you have read and understood these Terms and Conditions, and that these Terms and Conditions create a valid and binding agreement, enforceable against you in accordance herewith. You thereby agree that your use shall comply with all applicable federal, state and local laws or regulations, and that you are solely responsible for your compliance with, familiarity with and understanding of any such laws applicable to your use. If you do not agree with any portion of these Terms and Conditions, you are prohibited from using or accessing Komo.
Without limiting the generality of the foregoing or any other provision hereof, you acknowledge and agree, as follows:
- That the content, materials and other intellectual property contained or embodied in Komo are owned by Komo and are protected by copyright, trademark and other similar laws. Solely for purposes of clarification, the foregoing acknowledgement does not include your intellectual property addressed in the Section “Copyright and Content Ownership” below;
- Not to transmit, send or otherwise post unauthorized commercial communications (such as spam) using Komo;
- Not to collect personal information, content or other information related to users of Third-Party Websites or Komo, except in accordance with (i) all terms, policies and rules of Komo, and (ii) all applicable federal, state and local laws, rules and regulations;
- Not to access Komo using any automated means, including, without limitation, harvesting bots, robots, spiders, or scrapers;
- Not to post content that is hateful, threatening, or pornographic, incites violence, or contains nudity, graphic material, gratuitous violence or anything else found to be objectionable by Komo in its sole discretion;
- Not to use Komo in any manner that is, or could reasonably be construed to be, unlawful, fraudulent, misleading, malicious, or discriminatory;
- Not to take any action that could disable, overburden, or impair the operation or availability of Komo, such as a denial of service attack;
- Not to facilitate or encourage any violations of this Statement;
- Not to make your Komo account or any portion thereof or the services provided thereby available to the general public or any portion thereof;
- Not to use copyrighted, trademarked or other protected intellectual property without the written consent and authorization of the owner of such property;
- Not to decompile or reverse engineer, or attempt to decompile or reverse engineer, Komo or any portion thereof;
- Not to remove any trademark, copyright or other proprietary notations, designation or notice from Komo; and
- Not to take any other action that could result in any damage or disruption to Komo, or that could otherwise result in any liability, damages, costs or expenses on the part of Komo.
Changes to these terms
We may decide, at any time, to modify any or all of these Terms if we make changes to the site or services, in response to changes in the law, or for other reasons. We will post any changes to these Terms on this page, without advance notification to our users. Any changes to these Terms will become effective as soon as they are posted on this page, so your continued use of our site or services after the modifications are posted, will constitute your acceptance of the modifications.
Modifications and interruptions
We reserve the right to modify or discontinue all or any portion of the site or services, or any content therein, at any time. We may do any of the foregoing without any liability to you. Komo does not guarantee continuous or secure access to the site or services, or that operation of the site or services will be uninterrupted or error free, and you understand that usage of our site or services may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Intellectual property rights
Copyrights and other intellectual property rights in the user content available through the platform are owned either by the individual contributors of that content, or by the applicable social media services. Copyrights and other intellectual property rights in all features, functionality, code, and aspects of the site and services other than the user content, are owned by Komo (or in some cases may be licensed to Komo by third parties). Based on the presence of this notice of copyright ownership, any infringement of the protected content of the site and services will be deemed by Komo to be an intentional infringement. All third party trademarks displayed on the site are the trademarks of their owners, and do not constitute an endorsement or recommendation of such parties by Komo. In addition, use of any third party trademarks or links does not imply, directly or indirectly, that those third parties endorse or have any affiliation with Komo.
Disclaimer of Warranties
KOMO IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER. KOMO AND EACH USER OF KOMO EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING: KOMO AND EACH USER OF KOMO DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF KOMO; KOMO DISCLAIMS ALL LIABILITY FOR ANY CLAIMS, DAMAGES, LOSSES, COSTS OR EXPENSES (INCLUDING ATTORNEY’S FEES) RELATED TO THE FOLLOWING, AND DOES NOT WARRANT THAT (I) KOMO WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) KOMO WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF KOMO WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH KOMO WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN KOMO WILL BE CORRECTED; KOMO AND EACH USER OF KOMO DISCLAIM ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH KOMO; AND, KOMO AND EACH USER OF KOMO DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON KOMO OR RECEIVED THROUGH ANY LINKS PROVIDED BY KOMO.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF KOMO IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LIABILITY, CLAIM, DAMAGES, LOSS, COST OR EXPENSE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, THAT RESULTS FROM OR ARISES FROM YOUR USE OF KOMO.
Limitations of Liability
WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, KOMO, AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES AND AFFILIATES, SHALL NOT BE LIABLE TO ANY USER, UNDER ANY LEGAL OR EQUITABLE THEORY, FOR (A) ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR INDIRECT DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, REVENUES AND BUSINESS, ARISING OUT OF, UNDER OR RELATING TO THESE TERMS AND CONDITIONS, OR (B) ANY DAMAGES OF ANY KIND ARISING OUT OF, UNDER OR RELATING TO KOMO IN EXCESS OF THREE TIMES THE MOST RECENT MONTHLY FEE PAID BY SUCH USER IN CONNECTION WITH KOMO, IF ANY, OR $100, WHICHEVER AMOUNT IS GREATER. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE, AND SHALL NOT APPLY TO ANY DAMAGE THAT KOMO MAY CAUSE YOU INTENTIONALLY OR KNOWINGLY IN VIOLATION OF THESE TERMS AND CONDITIONS OR APPLICABLE LAW, OR AS OTHERWISE MANDATED BY APPLICABLE LAW THAT CANNOT BE DISCLAIMED FROM BY THESE TERMS AND CONDITIONS.
You agree to indemnify, defend and hold Komo harmless from any claim or demand, including reasonable attorney’s fees and costs, made by any third party due to or arising out of your actual or alleged violation of these Terms, the terms of any social media service you have used in connection with the services, or any other actual or alleged violation of applicable laws or regulations relating in any manner to interaction with or use of our site or services by you or another user using your computer or account.
You agree that these Terms and Conditions constitute the entire, complete and exclusive agreement between you and us regarding Komo, and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms and Conditions.
Our failure to act with respect to a breach of these Terms and Conditions by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
If you have any questions about these Terms and Conditions of Service and Use please get in touch with [email protected]