CAREFULLY READ THESE TERMS AND CONDITIONS. BY AVAILING YOURSELF OF THE WEBSITE OR RELATED SERVICES, YOU ARE CONSENTING TO BE BOUND BY THESE TERMS AND CONDITIONS AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME AS DESCRIBED BELOW.
KINGDOM ONE ENTERTAINMENT GROUP, LLC, Doing-Business-As (DBA) K1 currently provides users with access to view various services. You understand and agree that such services may include certain communications from K1, such as service announcements, administrative messages and information about upcoming services. If you don't want to receive such information, you can opt-out from receiving such material by so replying back to K1 via Email. All new features that augment or enhance the current Service, including the release of new K1 services, shall be subject to the Terms and Conditions. You understand and agree that the service is provided "AS-IS" and that K1 assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
K1 reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that K1 shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
You are responsible for obtaining access to online provided services and that access may involve third party fees (such as Internet service provider or airtime and SMS charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access such services.
Use of Materials Found on the K1.net or Co-Braded Websites
The information, artwork, text, video, audio, pictures, software and other intellectual property (collectively, "Materials") contained on the Website are protected by copyright and potential international laws. You may only access and use the Materials for personal or educational purposes or as expressly provided for in applicable K1 program terms and conditions. You may not otherwise reproduce, distribute, publicly perform, publicly display, modify or create derivative works of the Materials, unless authorized by the appropriate copyright owner(s). In the event that you print Materials found on the Website, you must include any copyright notice originally included with the Materials on all copies. You may not link directly to any media file located on a K1 server, and you may not attempt to "pass off" any Materials as your own work. Any computer software downloadable or otherwise available on K1Entertainment.com or co-branded websites is provided subject to the terms of the applicable license agreement.
Sites Linked from the K1Entertainment.com or Co-Branded Websites
Links to third-party web sites from the K1Entertainment.com or Co-Branded Websites are not necessarily under K1's control, and K1 does not assume any responsibility or liability for any content, opinions or materials available at such third-party websites. K1 does not investigate, monitor or check for accuracy such third-party web sites and K1 does not intend any such links to third-party web sites to imply K1's sponsorship or endorsement thereof. Your use of such websites is at your own risk.
"Framing" K1Entertainment.com or Co-Branded Websites
Framing of K1Entertainment.com or Co-Branded Websites is permitted only by express agreement with K1, and K1 may require specific measures to be taken to avoid user or consumer confusion. Such measures may include, but are not limited to: clearly attributing the displayed Material to such websites or providing each user or consumer with the opportunity to visit these websites directly by, for example, including a tab labeled "Remove Frames." K1 reserves the right to withhold consent for any reason and any failure to monitor or control each instance of the framing of such websites shall not be considered a waiver of any of K1's rights. Any framing of such websites shall not imply the endorsement or sponsorship of K1, or K1 Affiliates or Partners as hereafter defined.
1. Complainant's full name and if applicable, the name of the business entity represented.
2. Complainant's mailing address and if applicable, the mailing address of the business entity represented.
3. Complainant's daytime telephone number.
4. Complainant's email address, if any.
5. Description or identification of the Content and/or Name in which exclusive rights are claimed.
6. Basis for asserting ownership or exclusive rights in the Content and/or Name.
7. URL of all web pages on the Website where the Content and/or Name is known to be located.
8. Reprint the following sentence: "By submitting this notification of infringement to K1, under penalty of perjury and to the best of my knowledge I attest that none of the information provided herein is false or misleading, I am the person identified in No. 1 above and I own, or I am authorized to act on behalf of the owner of the Content and/or Name."
9. Submit - (a) by email, sign electronically, then transmit to email@example.com; subject: "Infringement Notification;" or (b) by mail, sign physically then mail to K1, Attn: Josh East, 1652 Glade Ave., Madera, CA 93637. Questions concerning K1's Copyright and Trademark Infringement Policy and Notification Procedure should be addressed as described in No. 9 above or by calling +1 (310) 857-6856.
Please note, until receiving notification from Content Providers and Complainants that their disputes have been resolved, it is unlikely that K1 knowingly will permit any Content Provider, including the Complainant, to post such allegedly infringing Content and/or the Name on K1Entertainment.com. Of course, K1 will be happy to cooperate as is reasonable with respect to implementing any agreement among the parties to such a dispute.
You shall use K1Entertainment.com or Co-Branded Websites for lawful purposes only. You shall not post or transmit via these websites any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without K1's express prior approval, contains advertising or any solicitation with respect to products or services.
K1Entertainment.com or Co-Branded Websites may contain projections or other forward-looking statements regarding future business events or activities. K1 cautions you that any such statements reflect only predictions and that actual developments, results and events might differ materially.
K1 makes no representation that Materials on K1Entertainment.com or Co-Branded Websites are appropriate or available for use in locations outside the United States , and accessing them from territories where their contents are illegal is prohibited. Those who choose to access these websites from locations outside the United States do so at their own risk and are responsible for compliance with local laws.
Services and Conditions of Use
As part of our service, we agree to provide you with information and other services that we may decide to offer, subject to the terms of this agreement. Upon notice published through the service, we may modify this agreement at any time. You agree and continue to agree to use our services in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines outlined below. Please note that you will be referred to as 'customer' in this agreement.
All trademarks appearing on the service are trademarks of their respective owners.
TERMS AND CONDITIONS OF WEB SITE USE
As set forth, below are the terms and conditions (these "Terms and Conditions") governing K1Entertainment.com, Co-Branded Websites and services, which may expand or change from time to time (the "Website"). As used herein, the term "K1" refers to the sole owner and operator of the Website; the term "you" or "your" refers to an individual, representing yourself or, if applicable, acting as legal representative for a group, business entity or corporation.
LIMITATION OF LIABILITY AND WARRANTY
CUSTOMER AGREES THAT USE OF THE SERVICE IS ENTIRELY AT CUSTOMER'S OWN RISK. SERVICES ARE PROVIDED 'AS IS,' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION THE SOFTWARE LICENSED TO THE CUSTOMER AND THE RESULTS OBTAINED THROUGH THE SERVICE. SPECIFICALLY, WE DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. CUSTOMER SPECIFICALLY ACKNOWLEDGES THE SERVICE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CUSTOMER.
NEITHER THE SERVICE NOR ANY OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE.
Limitation of Liability: By availing yourself of the Website, Materials or related services, you agree to release and hold K1 and the employees, officers, directors, shareholders, agents, representatives of K1, its affiliated network, partners, subsidiaries and agencies, any entity controlling, controlled by or under common control with K1, any third-party providers or sources of information or data and legal advisers (collectively, "K1 Affiliates") harmless from any and all losses, damages, rights, claims and actions of any kind arising from or related to the Website, Materials or related services including but not limited to: (a) telephone, electronic, hardware or software, network, Internet or computer malfunctions, failures or difficulties of any kind; (b) failed, incomplete, garbled or delayed computer transmissions; (c) any condition caused by events beyond the control of K1 that may cause the Website or related services to be disrupted or corrupted; (d) any injuries, losses or damages of any kind arising in connection with or as a result of your use of the Website, Materials or related services; or (e) any printing or typographical errors in any materials associated with the Website, Materials or related services. In addition, you agree to defend, indemnify and hold K1 Affiliates harmless from any claim, suit or demand, including reasonable attorney's fees, made by a third party due to or arising out of your utilizing the Website, Materials or related services, your violation or breach of these Terms and Conditions, your violation of any rights of a third party, or any other act or omission by you. IN NO EVENT WILL K1 BE LIABLE FOR ANY INDIRECT, STATUTORY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE ARISING OUT OF YOUR AVAILMENT OF MATERIALS (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF K1 WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Your correspondence or business dealings with, or participation in promotions of or with parties found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations applicable to such dealings, are solely between you and such parties.
These Terms and Conditions are governed in all respects by the laws of the State of California , USA . Legal proceedings related to the matters herein shall be brought in and adjudicated solely in the courts of the State of California , in the County of Los Angeles, USA. Both parties consent to extra-territorial service of process and submit to the jurisdiction of said courts.
If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced. K1's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
These Terms and Conditions set forth the entire understanding and agreement of the parties as to the subject matter hereof and supersede all prior proposals, discussions or agreements with respect thereto.
A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.