Terms of Service

Last Updated: May 25, 2025

1. Acceptance of Terms

By accessing or using the Kodeka Digital website and services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.

These Terms constitute a legally binding agreement between you and Kodeka Digital ("we," "our," or "us") regarding your use of our website, products, and services (collectively, the "Services").

2. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on our website or through other communications. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.

3. Using Our Services

You must follow any policies made available to you within the Services. You may use our Services only as permitted by law. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law.

4. Account Registration

Some of our Services require you to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself as prompted by the registration form and to keep such information updated.

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your account. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your account.

5. Privacy

Our Privacy Policy explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that we can use such data in accordance with our Privacy Policy.

6. Intellectual Property Rights

The Services and all materials therein, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the "Content"), and all intellectual property rights related thereto, are the exclusive property of Kodeka Digital and its licensors.

You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any Content. Use of the Content for any purpose not expressly permitted by these Terms is strictly prohibited.

7. User Content

Our Services may allow you to submit content. You retain ownership of any intellectual property rights that you hold in that content. When you upload or otherwise submit content to our Services, you give us a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, and distribute such content.

You are solely responsible for any content you provide and the consequences of sharing it. We have the right, but not the obligation, to monitor and edit or remove any content provided by users.

8. Termination

We may terminate or suspend your access to all or part of the Services, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party, or us.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KODEKA DIGITAL, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES.

11. Governing Law

These Terms shall be governed and construed in accordance with the laws of Australia, without regard to its conflict of law provisions.

12. Contact Information

If you have any questions about these Terms, please contact us at: [email protected]