Terms of Service
1. CONTRACTUAL RELATIONSHIP
Welcome to Koala! These terms and conditions (“Agreement”) apply to Koala (“Koala”) website (koala.lol) and the related mobile applications and/or selected other domains, existing or future, and related content, products and services (collectively, the “Services”). As used in this Agreement, “Koala,” “we,” “us,” or “our” shall mean Koala, a social networking service by Vizo Company incorporated in the United States at 4701 Patrick Henry Drive BLDG 23, Santa Clara, California, 95054.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
If you do not agree to these Terms and Conditions, please do not access or use this website or the products or services offered thereby.
By accessing or using our Services, whether or not you register to use the Services, you agree the terms of this Agreement and to the collection, use and disclosure of your information as set forth in our Privacy Policy, which establish a contractual relationship between you and Koala. This Agreement supersedes prior agreements or arrangements with you. You should review the Agreement before providing us with any information.
As a condition of this Agreement, you further acknowledge that we may, in our sole discretion, modify this Agreement at any time by providing notice. That notice may be given (i) by notification through our website, mobile applications, push notifications or by e-mail, or (ii) by posting a revision to these Terms and Conditions and changing the last updated notice above. Your continued access or use of the Services after such notice or posting constitutes your consent to be bound by the Agreement, as amended. You affirm that you will review this Agreement periodically, so that you are aware of any and all modifications made to this Agreement.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms, if any, will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Agreement for the purposes of the applicable Services. Supplemental terms shall prevail over the terms of this Agreement in the event of a conflict with respect to the applicable Services.
2. THE SERVICES
Koala is a social network service that enables users to interact with their friends anonymously. Interactions include but are not limited to (i) posting picture posts (collectively, “Stories”), (ii) commenting on their own Stories as well as other user Stories, (iii) one-to-one conversations with other users via private chat.
OWNERSHIP AND RESTRICTIONS ON USE OF MATERIALS
The Services, including, but not limited to, the text, content, photographs, images, video, audio, graphics, and any software (including any files or images incorporated in or generated by the software, or any data accompanying the software) available on or through the Services, except the website, or contained in the Services (“Materials”), except the website, are owned and operated by Koala. The Services and the Materials are protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and/or other proprietary rights and laws of the State of California, the United States and other countries.
Except as otherwise indicated in the Services and except for the trademarks, service marks and trade names of other companies that are or may be displayed in the Services, all trademarks, service marks, trade dress and trade names are proprietary to.
By accessing and using the Services, you acknowledge and agree to abide by all applicable intellectual property laws, as well as any additional notices or restrictions contained in this Agreement.
No Materials from the Services and Applications may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the Materials on any single computer for your non-commercial use only, provided that you keep intact all copyright and other proprietary notices. You may not use any automated device, computer program, tool, algorithm, bot or similar process to Koala’s or systematically scrape or extract Materials from this website. Modification of the Materials or unauthorized use of the Materials for any other purpose is a violation of Koala’s trademark, copyright, trade dress and other proprietary rights. The use of any such Materials on any other site or networked computer environment is prohibited unless approved in advance and in writing by Koala.
In the event that you download any software from the Services, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) is non-exclusively licensed to you by Koala. Koala does not transfer title to the Software to you. Koala retains full and complete title to the Software, and all intellectual property rights therein. You shall not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
Nothing contained in the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Materials or proprietary content without the express written permission of Koala or such other party as may own the proprietary rights.
LICENSE
Subject to your compliance with the terms of the Agreement, Koala grants you a limited, non-exclusive, non sub-licensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related Materials that may be made available through the Services, in each case solely for your personal, non commercial use. Any rights not expressly granted herein are reserved by Koala and Koala’s licensors.
3. USE OF THE SERVICES
USER ACCOUNTS.
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 13 years of age, to obtain an Account. Account registration requires you to submit to Koala certain personal information, such as your first and last names, mobile phone number and email address among other things. After providing this information, you will be asked to verify your phone number and email address if one is provided. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Services or Koala’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Koala in writing you may only possess one Account; having multiple ones will result in a lifetime ban from the Services.
USER REQUIREMENTS AND CONDUCT.
The Service is not available for use by persons under the age of 13, or the legal age of majority in their jurisdictions, if it is other than 18. You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and may only use the Services for lawful purposes (e.g, no gang recruitment, no terrorist organization recruitment, no harassment, et cetera). You will not, in your use of the Services, cause nuisance, annoyance or inconvenience whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use the Services if you refuse to provide proof of identity.
By agreeing to the Terms of Service, you are agreeing to comply to the community guidelines as set forth in our Community Guidelines. Failure to comply will result in the immediate termination of your account. More information is available at koala.lol/community.
TEXT MESSAGING
By creating an Account, you agree that the Services may send you text (SMS) messages as part of the normal operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Koala at any time by following the directions found koala.lol/SMS-unsubscribe. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
PUSH NOTIFICATIONS.
By creating an Account, you agree that the Services may send you push notifications as part of your Koala experience. These notifications may serve the purpose to inform you the following but are not limited to; (i) a new story that has been posted, (ii) a new message has been received, (iii) a new comment has been posted.
USER PROVIDED CONTENT.
Koala may, in Koala’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Koala through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests (“User Content”). Any User Content provided by you remains your property. We do not share User Content with any third-party.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Koala the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Koala’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Koala in its sole discretion, whether or not such material may be protected by law. Koala may, but shall not be obligated to, review, monitor, or remove User Content, at Koala’s sole discretion and at any time and for any reason, without notice to you.
NETWORK ACCESS AND DEVICES.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Koala does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
4. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." KOALA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, KOALA MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. KOALA DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
KOALA SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF KOALA, EVEN IF KOALA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
KOALA SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF KOALA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KOALA SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND KOALA’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS PROVIDING LAUNDRY SERVICES REQUESTED THROUGH SOME REQUEST PRODUCTS MAY OFFER LAUNDRY SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED.
THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE LAUNDRY SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT KOALA HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY LAUNDRY, DELIVERY OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, KOALA'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON KOALA'S CHOICE OF LAW PROVISION SET FORTH BELOW.
INDEMNITY.
You agree to indemnify and hold Koala and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Koala's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
5. ADDITIONAL TERMS FOR SPECIFIC SERVICES
Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with us if you use those Services. If any part of those additional terms and conditions conflicts with these Terms, the additional terms and conditions will prevail.
GENERAL PROHIBITIONS AND AGREEMENTS
In addition to the prohibitions set forth elsewhere herein, including, but not limited to Section 5 hereof, you agree not to do any of the following while using the App and/or the Service:
Welcome to Koala! These terms and conditions (“Agreement”) apply to Koala (“Koala”) website (koala.lol) and the related mobile applications and/or selected other domains, existing or future, and related content, products and services (collectively, the “Services”). As used in this Agreement, “Koala,” “we,” “us,” or “our” shall mean Koala, a social networking service by Vizo Company incorporated in the United States at 4701 Patrick Henry Drive BLDG 23, Santa Clara, California, 95054.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
If you do not agree to these Terms and Conditions, please do not access or use this website or the products or services offered thereby.
By accessing or using our Services, whether or not you register to use the Services, you agree the terms of this Agreement and to the collection, use and disclosure of your information as set forth in our Privacy Policy, which establish a contractual relationship between you and Koala. This Agreement supersedes prior agreements or arrangements with you. You should review the Agreement before providing us with any information.
As a condition of this Agreement, you further acknowledge that we may, in our sole discretion, modify this Agreement at any time by providing notice. That notice may be given (i) by notification through our website, mobile applications, push notifications or by e-mail, or (ii) by posting a revision to these Terms and Conditions and changing the last updated notice above. Your continued access or use of the Services after such notice or posting constitutes your consent to be bound by the Agreement, as amended. You affirm that you will review this Agreement periodically, so that you are aware of any and all modifications made to this Agreement.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms, if any, will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Agreement for the purposes of the applicable Services. Supplemental terms shall prevail over the terms of this Agreement in the event of a conflict with respect to the applicable Services.
2. THE SERVICES
Koala is a social network service that enables users to interact with their friends anonymously. Interactions include but are not limited to (i) posting picture posts (collectively, “Stories”), (ii) commenting on their own Stories as well as other user Stories, (iii) one-to-one conversations with other users via private chat.
OWNERSHIP AND RESTRICTIONS ON USE OF MATERIALS
The Services, including, but not limited to, the text, content, photographs, images, video, audio, graphics, and any software (including any files or images incorporated in or generated by the software, or any data accompanying the software) available on or through the Services, except the website, or contained in the Services (“Materials”), except the website, are owned and operated by Koala. The Services and the Materials are protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and/or other proprietary rights and laws of the State of California, the United States and other countries.
Except as otherwise indicated in the Services and except for the trademarks, service marks and trade names of other companies that are or may be displayed in the Services, all trademarks, service marks, trade dress and trade names are proprietary to.
By accessing and using the Services, you acknowledge and agree to abide by all applicable intellectual property laws, as well as any additional notices or restrictions contained in this Agreement.
No Materials from the Services and Applications may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the Materials on any single computer for your non-commercial use only, provided that you keep intact all copyright and other proprietary notices. You may not use any automated device, computer program, tool, algorithm, bot or similar process to Koala’s or systematically scrape or extract Materials from this website. Modification of the Materials or unauthorized use of the Materials for any other purpose is a violation of Koala’s trademark, copyright, trade dress and other proprietary rights. The use of any such Materials on any other site or networked computer environment is prohibited unless approved in advance and in writing by Koala.
In the event that you download any software from the Services, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) is non-exclusively licensed to you by Koala. Koala does not transfer title to the Software to you. Koala retains full and complete title to the Software, and all intellectual property rights therein. You shall not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
Nothing contained in the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Materials or proprietary content without the express written permission of Koala or such other party as may own the proprietary rights.
LICENSE
Subject to your compliance with the terms of the Agreement, Koala grants you a limited, non-exclusive, non sub-licensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related Materials that may be made available through the Services, in each case solely for your personal, non commercial use. Any rights not expressly granted herein are reserved by Koala and Koala’s licensors.
3. USE OF THE SERVICES
USER ACCOUNTS.
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 13 years of age, to obtain an Account. Account registration requires you to submit to Koala certain personal information, such as your first and last names, mobile phone number and email address among other things. After providing this information, you will be asked to verify your phone number and email address if one is provided. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Services or Koala’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Koala in writing you may only possess one Account; having multiple ones will result in a lifetime ban from the Services.
USER REQUIREMENTS AND CONDUCT.
The Service is not available for use by persons under the age of 13, or the legal age of majority in their jurisdictions, if it is other than 18. You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and may only use the Services for lawful purposes (e.g, no gang recruitment, no terrorist organization recruitment, no harassment, et cetera). You will not, in your use of the Services, cause nuisance, annoyance or inconvenience whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use the Services if you refuse to provide proof of identity.
By agreeing to the Terms of Service, you are agreeing to comply to the community guidelines as set forth in our Community Guidelines. Failure to comply will result in the immediate termination of your account. More information is available at koala.lol/community.
TEXT MESSAGING
By creating an Account, you agree that the Services may send you text (SMS) messages as part of the normal operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Koala at any time by following the directions found koala.lol/SMS-unsubscribe. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
PUSH NOTIFICATIONS.
By creating an Account, you agree that the Services may send you push notifications as part of your Koala experience. These notifications may serve the purpose to inform you the following but are not limited to; (i) a new story that has been posted, (ii) a new message has been received, (iii) a new comment has been posted.
USER PROVIDED CONTENT.
Koala may, in Koala’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Koala through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests (“User Content”). Any User Content provided by you remains your property. We do not share User Content with any third-party.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Koala the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Koala’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Koala in its sole discretion, whether or not such material may be protected by law. Koala may, but shall not be obligated to, review, monitor, or remove User Content, at Koala’s sole discretion and at any time and for any reason, without notice to you.
NETWORK ACCESS AND DEVICES.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Koala does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
4. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." KOALA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, KOALA MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. KOALA DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
KOALA SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF KOALA, EVEN IF KOALA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
KOALA SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF KOALA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KOALA SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND KOALA’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS PROVIDING LAUNDRY SERVICES REQUESTED THROUGH SOME REQUEST PRODUCTS MAY OFFER LAUNDRY SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED.
THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE LAUNDRY SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT KOALA HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY LAUNDRY, DELIVERY OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, KOALA'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON KOALA'S CHOICE OF LAW PROVISION SET FORTH BELOW.
INDEMNITY.
You agree to indemnify and hold Koala and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Koala's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
5. ADDITIONAL TERMS FOR SPECIFIC SERVICES
Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with us if you use those Services. If any part of those additional terms and conditions conflicts with these Terms, the additional terms and conditions will prevail.
GENERAL PROHIBITIONS AND AGREEMENTS
In addition to the prohibitions set forth elsewhere herein, including, but not limited to Section 5 hereof, you agree not to do any of the following while using the App and/or the Service:
We have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and App security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting Koala users who violate these Terms of Use. You acknowledge that we have the right to monitor your access to or use of the App and/or the Service for operating purposes, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
FINAL TERMS