Terms of Service ("Terms")

Last Updated: August 10th, 2023

Please read these terms and conditions carefully before using Our Service.

1. Interpretation and Definitions

1.1 Interpretation

The words with initial capital letters have meanings defined under the following conditions. These definitions apply regardless of whether they appear in singular or plural form.

1.2 Definitions

For the purposes of these Terms of Service:

  • “Affiliate”: An entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.

  • “Account”: A unique account created for You to access Our Service or parts of the Service.

  • “Company”: Refers to Toad Hop Entertainment, Inc., also referred to as "We," "Us," or "Our."

  • “Country”: Refers to the United States.

  • “Content”: Refers to content such as text, images, or other information posted, uploaded, or made available by You.

  • “Device”: Any device that can access the Service, such as a computer, cell phone, or tablet.

  • “Feedback”: Innovations or suggestions regarding the attributes, performance, or features of the Service sent by You.

  • “Service”: Refers to the Website.

  • “Terms of Service”: These Terms of Service, which form the entire agreement between You and the Company regarding the use of the Service.

  • “Third-party Social Media Service”: Services or content provided by a third-party that may be displayed, included, or made available through the Service.

  • “Website”: Refers to mykrak.com, accessible at https://www.mykrak.com.

  • “You”: The individual accessing or using the Service, or the company/legal entity on behalf of which the individual is accessing or using the Service.

2. Acknowledgment

These Terms of Service govern Your use of this Service and represent the agreement between You and the Company. By accessing or using the Service, You agree to be bound by these Terms. If You disagree with any part of these Terms, You may not access the Service. The Company does not permit users under 18 years of age.

3. User Accounts

When You create an account, You must provide accurate, complete, and current information. Failure to do so constitutes a breach of the Terms. You are responsible for safeguarding your password and for any actions under your account. Notify Us immediately if you become aware of any unauthorized use.

4. Content

4.1 Your Right to Post Content

You are responsible for the Content you post to the Service. By posting Content, You grant the Company the right to use, modify, perform, display, reproduce, and distribute such Content. You retain your rights to your Content but grant Us the right to use it in accordance with these Terms.

4.2 Content Restrictions

You are solely responsible for the Content posted. You may not post unlawful, offensive, defamatory, or otherwise objectionable Content. The Company reserves the right to remove such Content.

4.3 Content Backups

Although regular backups are performed, the Company does not guarantee that data will not be lost or corrupted. The Company is not liable for failure to restore Content and advises you to maintain independent copies.

5. Copyright Policy

5.1 Intellectual Property Infringement

The Company respects intellectual property rights. If you believe your copyright is infringed, submit a written notice to our copyright agent (copywrite@mykrak.com). You may be held liable for damages if you misrepresent infringement.

5.2 DMCA Notice

To file a DMCA claim, provide the following information:

  1. Electronic or physical signature of the authorized person.

  2. Description of the copyrighted work.

  3. Identification of infringing material.

  4. Your contact details.

  5. Statement of good faith belief and accuracy.

6. Intellectual Property

The Service and its original content (excluding user-provided content) remain the exclusive property of the Company and its licensors. The Service is protected by copyright and trademark laws.

7. Your Feedback to Us

By providing Feedback, you grant the Company a non-exclusive, royalty-free, worldwide license to use, modify, and distribute such Feedback.

8. Links to Other Websites

Our Service may contain links to third-party websites. The Company is not responsible for the content, privacy policies, or practices of any third-party websites. We advise reading the terms and privacy policies of third-party services.

9. Termination

We may terminate or suspend Your Account without prior notice if You breach these Terms. Upon termination, Your access to the Service will cease immediately.

10. Limitation of Liability

The Company’s total liability is limited to the amount paid by You through the Service, or 100 USD if no purchase has been made. The Company is not liable for special, incidental, or consequential damages.

11. "AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided "AS IS" without warranty of any kind. The Company does not guarantee uninterrupted service or error-free performance.

12. Governing Law

The laws of the United States govern these Terms and Your use of the Service.

13. Disputes Resolution

For any concerns or disputes, You agree to first attempt to resolve the issue informally by contacting the Company.

14. For European Union (EU) Users

If You are a European Union consumer, you will benefit from mandatory provisions of the law of your country.

15. United States Legal Compliance

You represent that you are not located in a country subject to a United States embargo and are not listed on any prohibited or restricted parties list.

16. Severability and Waiver

16.1 Severability

If any provision of these Terms is found unenforceable, it will be adjusted to meet the intent, and the remaining provisions will remain in effect.

16.2 Waiver

Failure to exercise a right or enforce an obligation does not waive the ability to exercise that right or enforce that obligation later.

17. Changes to These Terms of Service

The Company reserves the right to modify or replace these Terms at any time. Significant changes will be notified at least 30 days in advance.

18. Contact Us

For questions about these Terms of Service, you can contact us:

Email: support@mykrak.com