Kudit
The missing iPhone & iPod touch applications.

Terms of Use

User Agreement

By entering our websites (www.kudit.com, www.kudits.com), hereinafter collectively referred to as the "Service" you signify your assent to these terms of use including all amendments made to date. If you do not agree to these terms of use, you may not use this site for any purpose and must cease usage by closing your browser window.

This Agreement constitutes your agreement with Kudit (hereinafter referred to as "Kudit") with respect to your use of the Service. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Service. As used in this Agreement, "we" and "us" refers to Kudit, or any successor or assign of Kudit.

Right to Use

Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose certain limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability.

Privacy and Use of Information

You understand and acknowledge the following: we cannot ensure the security or privacy of information you provide through the Internet and by electronic mail, and you release us from any and all liability in connection with the use of such information by other parties; we are not responsible for, and cannot control, the use by others of any information which you provide to other parties; you should use caution in releasing personal information to others through the Service; we cannot assume any responsibility for the content of messages sent by other users of the Service, and you release us from any and all liability in connection with the contents of any communications you may receive from other users; We cannot guarantee, and assume no responsibility for verifying the accuracy of any information provided by users of the Service.

Site Information

By using this website, you agree that your use of the Site Information is at your own risk. Site Information is subject to change at any time without notice.

There is no promise of support or update to the products or services provided by Kudit.

Service Guidelines

You agree and undertake that you will comply with the following guidelines when using the Service: You will not use the Service to restrict or inhibit any other user from using and enjoying the Internet; you will not use the Service to post or transmit any unlawful, threatening, abusive, libelous, slanderous, racist, ageist, or defamatory information, advertisements, pictures or communications that contain offensive language or images of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, provincial, state, national or international law; you will not use the Service to post, or transmit any information or software which contains a virus, cancelbot, Trojan horse, worm or other harmful component; you will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services, except within specific circumstances as deemed appropriate at our sole discretion; you may not use the Service for any unlawful purpose or to promote any unlawful activity; you may not use the Service to post information, advertisements, communications or pictures for the purposes of interference or entrapment by law enforcement or security agencies, media, or any other person or agency; you will not post information, advertisements, pictures or communications or use the Service in any way which violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary rights; you represent and warrant to us that any persons depicted on the Service in any way are over 18 years of age and that you will not depict any person as being under 18 years of age; you will ensure that any information, advertisements, pictures or communications you post on the Service do not contravene any criminal or other laws relating to obscenity, pornography, child pornography, or otherwise.

Emails

Your email is captured for registration and your initial password will be sent to this address. Therefore, a valid email address is required to use the service. This login allows us to store preferences and settings for your application and provide you with access to your purchased applications. In addition, this email is used to send your password to should you forget. Your email will never be sold or distributed to third parties. We will also send announcements about significant changes to the service to this address. From time to time (about once a month) we may also send announcements of new products and application updates. You have the ability to stop receiving these product announcemnt emails by clicking the opt-out link in the email or you can select the preference in your settings. By applying for an account, you agree to reciept of these emails. If you would like to be removed completely from the system, send us an email and we will promptly remove your account and you will no longer receive any emails. You will also no longer have access to any applications purchased or stored preferences and settings.

No Warranties

This web site includes information, documents, and materials (collectively, the "Contents") that are subject to change without notice. Kudit expressly disclaims any obligation to keep Contents up to date or free of errors or viruses, or to maintain uninterrupted access to this web site. This web site (including all Contents) is provided "AS IS."

Kudit assumes no responsibility for errors or omissions in any Contents, including Contents that are referenced by or linked (by hypertext links) to third party web sites. Kudit makes no representations or warranties of any kind whatsoever for the Contents or third party web sites or for any products or services mentioned or offered in the Contents or in third party web sites.

No Responsibility

You understand and acknowledge that use of the Service is at your own risk and for entertainment purposes only and that we are not responsible for any incidental, consequential, special, punitive, exemplary, direct or indirect damages of any kind whatsoever that may arise out of or relate to your use of the Service, including decisions made as a result of information obtained through your use of the Service.

Limitation of Liability

Kudit disclaims any express or implied warranties related to the use of this web site (including all Contents and third party web sites), including, without limitation, merchantability, suitability, noninfringement, or fitness for any particular purpose.

Kudit shall not be liable for any errors contained herein or for any damages whatsoever arising out of or related to the use of this web site (including all Contents), including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages, whether under a contract, tort, or any other theory of liability, even if Kudit is aware of the possibility of such errors or damages.

Indemnity

You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation, reasonable legal fees, which we may suffer from your activities on or use of the Service, including without limitation, any breach by you of this Agreement or any charges or complaints made by other parties against you. You shall cooperate as full as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.

Reservation of Rights

With the exclusion of third party content, all Contents (including, without limitation, the graphics, icons, and overall appearance of the Service) are the property of Kudit. Kudit does not waive any of its proprietary rights therein including, but not limited to, copyrights, trademarks, and other intellectual property rights. This web site may not be used for any commercial purpose without the prior written consent of Kudit. The availability of any Contents through this web site shall under no circumstance constitute a transfer of any copyrights, trademarks, or other intellectual property rights of Kudit to any web site user or any third party. This web site and the Contents are protected by U.S. and international copyright laws, both as individual works and as a compilation. You may not delete any copyright or similar notice from any Contents you obtain from this web site.

Modifications

From time to time, we may modify or otherwise amend this Agreement. Notification of any such changes will be posted on the Service or sent via electronic mail at our sole discretion. If you do not agree to any modifications, you must terminate your use of the Service. Your continued use of the Service now, or following the posting of any modifications to this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.

Personal and Non-Commercial Use Limitation

This web site is for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this web site.

Governing Law and Severability

This Agreement shall be construed and enforced in accordance with the laws of the state of Georgia; any and all disputes shall be submitted to the jurisdiction of Georgia, disregarding conflicts of law, forum and venue. Venue shall be proper in Superior Court of Fulton County, Georgia. Each of the provisions of this Agreement shall apply to full extent permitted by law, and the invalidity in whole or in part of any provision shall not affect the remainder of such provisions or any other provisions.