Klush

Privacy Policy


Our privacy policy is necessary for understanding of how we and other companies we work with may collect, store and process your personal data for the provision of Klush services and improving their quality. Also the privacy policy explains the choices that you have at the moment of granting or restricting access to certain data.

1. General principles

1.1 The present terms define Klush Privacy Policy and shall be treated as an integral part of the User Agreement.
1.2 By using Klush, you agree with the User agreement and this Privacy Policy.
1.3 By using the Service you grant Klush right to use your data, including its collection, storage, processing and transmitting.
1.4 Klush may use your data worldwide.
1.5 These acts are necessary to provide services and improve their quality.
1.6 Any actions taken by Klush may be assigned to third parties. The data, collected by Klush, fully or in part or in processed form may be disclosed to third parties may be, for example Google Analytics or Amazon Web Services.
1.7 Data, obtained hereby may be used for an unlimited time, but it is a right, not an obligation of Klush, which means that any user data may be removed at any time, in whole or partly.
1.8 If it is prohibited by the laws of your country of residence to transfer the data, you must immediately stop using the Service.

2. Personal information we collect

2.1 When you create an account in Klush, you provide us the basic information about yourself, such as name, e-mail, password to use our services, pic, a brief biography. Depending on your choice you may give us access to the data from your profiles in other social networks such as Facebook, Twitter or Foursquare.
2.2 Your profile data except e-mail and password can be displayed in the public access. While using the application, you can subscribe to content and other people, and other people can subscribe to your content or you information about subscriptions to non-private content is also public.
2.3 We may use your data, such as phone number, email, or social networking profiles to help you find other people in our system.
2.4 During the use of our services we collect information about the location of users, devices used by the user and user behavior in order to improve the quality of services. Such information may be obtained in form of statistics on use of services, individual functions usage statistics, IP-addresses, and versions of the browsers, the language, quality of the Internet and other quality parameters.
2.5 Klush or third parties acting with our permission, may place cookies on your device in order to identify it.
2.6 You have the ability to allow or deny access to some data that we collect.

3. Principles of content availability

3.1 Two key objectives of our services are the creation and consumption of content. Content mainly stored in albums, called Klushs.
3.2 Klushs can be both public and private. You decide for yourself or with other users of the Service, who may have access to the private content. Public content is available to all users of our services. Users can also interact with content - subscribe, write comments, approve and so on. Absolutely everything that happens inside private Klushs is available only to members of the Klush, the other users of the system can not even be sure about the existence of this content, other than you or your collaborators on your permission would not invite a new user to become a member of your Klush.
3.3 Any piece of content is always accompanied by a corresponding geo tag displayed as a point or area on the map that can be viewed by other users.
3.4 We reserve the right to publish content on behalf of you in other social networks, if you give us your permission.
3.5 By posting content or message using the Service You understand and agree that, your user name may be seen by other users.

4. Providing data on request

4.1 In addition to these, we can provide the information to third parties if we have a good faith belief that the law requires us to do so.
4.2 We can provide the data to a third party in the case of a claim, or in other cases where the provision of our data to a third party is necessary to investigate or prevent crime.

5. Modifications

5.1 These terms may be changed by Klush unilaterally as well as the user agreement.
5.2 In case of change of these terms the rules established by user agreement shall be applied to them.
5.3 You assume the obligation to monitor possible changes and from time to time visit the pages of our User Agreement and these terms and conditions.
5.4 Using of the service after the entry into force of the new conditions will constitute your complete acceptance of these new conditions.


Terms of Service


1. Basic terms

1.1 The following terms and conditions ('Terms') regulate the use of the service 'Klush' (hereinafter – the 'Service') and shall be considered as legally binding contract between the Users and Klush (the 'Company'). By accessing or using the Service, you agree to be bound by this Terms.
1.2 If the User does not agree to all the provisions of this Terms, the User aren’t permitted to use the Service.
1.3 To avoid any doubt, the following actions (included but not limited to) shall be treated as using of the Service:
creating an account of the User (the «Account»)
the presence of the Account on the Service
the use of the functionality of the Service (including undocumented)
accessing the Service (including - the site www.klush.com)
the playback of the Service’s elements (including the mobile application)
copying of the Service's content\n etc.
1.4 The User hereby assumes full responsibility for compliance with this Terms and the legislation of the country of User's residence.

2. The Terms of Use

2.1 The Company reserves the right to commit any actions, related to the Service for any reason, without notice at any time.
2.2 The Company reserves the right to delete any Content, including but not limited to texts, photos, videos, etc.
2.3 The Company collects, storages and processes the Users’ personal data in order to improve the Service.
2.4 The company does not deal with conflicts arising between Users.
2.5 The Company reserves the right to suspend or terminate the access to the Service of any person or group of people, to refuse the access to the Service in certain regions and countries, or by any other criteria without explanation.
2.6 The Company reserves the right to impose any restrictions with respect to use of the Service as a whole and for individual users without explanation.
2.7 Company reserves the right to delete, block, modify, transmit User's account to third parties at its own discretion.
2.8 If The User breaches any of the provisions of these Terms, The Company has the right to block or to delete the Account.
2.9 The Company reserves the right to close, suspend the operation or to change the Service/part of the Service without any prior notice.

3. Prohibitions and restrictions

3.1 The use of the Service is prohibited in the cases listed below:
3.1.1 The User has not reached the age prescribed by the laws of the country of his residence to enter into this Terms. In any case, the User must be 12 years or older to use the Service.
3.1.2 There are special provisions in the legislation of the User’s country of residence, which restrict of prohibit the services, provided by the Service.
3.1.3 There are special provisions in the legislation of the User’s country of residence, which restrict of prohibit the access to the Content, placed in the Service.
3.2 The User is allowed to use the Service only for personal, non-commercial purposes.
3.3 The User may not use the Service for any illegal or unauthorized purpose.
3.4 The User is not allowed to use the Service to collect any data about any other users of the Service.
3.5 Any impact on the Service, as well as directly connected to the Service elements - servers, applications, etс. is strictly prohibited. Prohibited actions include but not limited to, the following: installing plugins, processing of any particular element of the Service, or accessing the Account or the Service using software developed by third parties, including - viruses, spyware, or any other computer code.
3.6 The User must not use the Service to create or submit unwanted information to any other users of the Service ('spam').

4. The Account

4.1 All actions committed with the use of User's Account, shall be treated as the actions of the User. The User is obliged to keep his / her login and password safe and secure at all times. The User can’t transfer the Account to third parties.
4.2 The User agrees to provide accurate, current and complete information about your Account and to maintain the currentness of this information.
4.3 Each user is allowed to create only one account, multiple accounts are prohibited. The creation of the Account in the interests of third parties is also prohibited, except the cases when the User acts as a proxy to submit their employer (such information should be specified in the profile of the account).
4.4 Strictly prohibited to create and/or to use the Accounts, violating the rights of the third parties (including trade mark, trade name).
4.5 Despite the fact that the Account is created by the User, the Account (as well as its name) remain the property of the Company.
4.6 The Company reserves the right to take any actions at any time in its sole discretion to limit the access to the Account to the extent to the account deletion or transfer of the Account to a third party.
4.7 In case of hacking or stolen informations, Klush will not be responsible of the consequences.

5. The Content

5.1 For the purposes of this Terms, any materials a User submits, posts, displays, or otherwise makes available on the Service is referred to as 'Content', including but not limited to the following: photo, video, audio, text, links, information, as well as any other content available to the Users.
5.2 The User is solely responsible for all Content he/she submits, posts, displays, or otherwise makes available on the Service.
5.3 The Users understands that through the Service he may get access to the content that is not allowed by the legislation of his/hers country of residence or the Content, the distribution of which is restricted by legislation of the country of residence. In this case, the User agrees to immediately cease access to such Content and notify the Company of the need to restrict the User's access to this Content.
5.4 The Content available through the Service has not been reviewed, verified or authenticated by the Company, and the Company makes no representations, warranties, or guarantees in connection with any Content on the Service and shall not be liable for any damages arising in connection with the Content.
5.5 User agrees not to post any Content, the distribution of which is prohibited by law of the country of User’s residence and legislation of the state of Delaware. Regardless of the above, it is forbidden to post Content containing any information that may be deemed to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable or containing any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets.
5.6 You agree that any User Content that you post does not and will not violate third-party rights of any kind, and the content that:
5.6.1 Violates the personal rights of citizens, including, but not limited to the offensive content, content that violates the right to privacy and confidentiality of correspondence, libelous content, content, placement of which may cause moral harm, the content infringing any Intellectual Property Rights regardless of the form, including photos and videos;
5.6.2 Content, violating the property rights of third parties, including, but not limited to the content that does not belong to the User, the Content in respect of which there are any restrictions by laws/right holders.
5.7 The Company may, but has no obligation to, remove/modify the Content in its sole discretion and this shall not be considered as the violation of any rights of Users.
5.8 By posting the Content the User agrees to publication and distribution of the Content.
5.9 The Company makes no guarantees regarding the storage of user Content, any Content may be removed, deleted or lost beyond recovery.
5.10 The User hereby represents and warrants that: (i) the Content is User’s (the User owns it) or he/she has the right to use it and grant the Company the rights and license as provided in these Terms, (ii) the posting of the Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. (iii) the User has written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service.

6. Intellectual property

6.1 By displaying or posting any Content on or through the Service, the User hereby grants to the Company (as well as its successors and / or other future owners) a non-exclusive, fully paid and royalty-free, transferable, limited license to use, modify, distribute, publicly perform, publicly display such Content and to use it all ways that are necessary to use the Content in the Service. This license in worldwide and shall be effective since the moment of posting of the Content to the Service for the full term of the User's account existence and twelve months after the removal of the Account.
6.2 The Company has no control over the User’s compliance with the copyright or intellectual property rights and is not responsible for their violation by the User. The Company may provide available information about users who violate the rights of the third parties upon request in cases prescribed by law.
6.3 The Company is not responsible for the Content posted by the Users of the Service.
6.4 If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you shall notify the Company.

7. Disclaimer and limitation of liability

7.1 The Company is not responsible for the Content posted by the Users of the Service.
7.2 Use of the service is at User’s own risk. The Company shall not be liable for any direct/indirect damages, arising from the use of the Service.
7.3 The Company’s total liability to the User from all actions connected with the Service including direct/indirect losses will be limited to $50.
7.4 The Company makes no warranties or representations, either express or implied, regarding the Service and the Content.
7.5 The Company shall not be liable for the disclosure of personal data by the User.
7.6 Service is a complex product and is provided on an 'as is' basis. The User assumes all risks arising from use of the Service, including but not limited to the loss of Content, the loss of the Account, complete or partial inability to use the Service.
7.7 The Company shall not be liable and shall not indemnify the losses arisen or may arise in connection with delays, outages, inability to make full use of the Service, the discontinuation of the Service, the loss of Content, and the loss of the Account.
7.8 In the case of a dispute or claim, such claim should be sent to the Company no later than six (6) months from the date of its occurrence. If it is not settled out in pre-trial way, it shall be transferred to the court no later than 12 months since its inception. Otherwise, the parties recognize that the User waives the right to file n action associated with the claim and refuses a claim.

8. Alteration of the Terms
and applicable laws

8.1 The Company reserves the right to alter these Terms at any time by placing the text of new Terms in open access.
8.2 The User undertakes from time to time, but at least once a month to check out the content of the Terms. If the User does not agree with the updated Terms, the User shall immediately stop using the Service and delete the Account. If the user has not removed the account, it is considered that the amended terms have been fully adopted by the User.
8.3 These Terms shall be governed by the laws of the state of Delaware.

Jurisdiction

The company Klush is represented by founder Sebastien Bauwens.

Klush is a registered trademark in Europe.

Any reproduction or use of the Klush brand without authorization from its founder will be the subject of legal action.