- ACCESS; USE; USER ACCOUNTS. In order to use and access the Sites, Features, you must meet the following access requirements (“Access Requirements”): (1) be 18 years of age or older (or whatever the applicable age of majority (legal adulthood) is where you are located); and (2) you must reside within the fifty states of the United States of America (“U.S.”), the District of Columbia, and certain US territories (“Service Area”).
Certain parts or features of the Sites may require registration or may otherwise ask you to provide information to create a user account to participate in certain Features or to access certain Content (each, a “User Account”). You may only open a User Account for yourself, and not for any other person. A User Account can only be established by consumers that meet the Access Requirements. You are responsible for all activity occurring under your User Account, including maintaining the confidentiality of each username and password. You agree that you will: (a) immediately notify Us of any unauthorized use of your User Account; and (b) not allow any third part to use your User Account. Company will have no liability for any loss or damage arising from use or misuse of your User Account or your failure to comply with these requirements. Company, its affiliates and its third party licensors cannot and will not be liable for any loss or damage arising from any failure on the part of any person to comply with these obligations. The Sites and/or Features may provide you with the opportunity to connect and/or link your User Account to certain third party social media sites (“Social Media Sites”). If you choose to connect or link your User Account to any Social Media Site via the Sites or Features you consent to the release of information about you to others, including to the Social Media Site(s). If you do not want information about you to be shared in this manner, do not connect or link your User Account to any Social Media Site(s).
- CONTENT. It is your responsibility to review and monitor the access restrictions associated with each piece of Content available via the Sites, and Company accepts no liability for any access restrictions or the expiration of any availability windows. Company reserves the right, in its sole discretion, to disable access to any Content at any time and makes no warranties that the access restrictions specified for each piece of Content will always be complete, current, or accurate.
- SITE UPDATES; SOFTWARE. BY USING THE SITES, YOU ACKNOWLEDGE AND AGREE TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE SITES AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE THE SITES.
- POLICIES FOR INDIVIDUALS UNDER THE AGE OF 13. Company encourages the responsible use of the internet by children together with their parents and to that end, Company does not knowingly collect or use any personally identifiable information submitted or posted to the Sites and/or Features from individuals under the age of 13, except in order to respond on a one-time basis to a specific request for information.
- USER SUBMISSIONS. Company is pleased to hear from its customers and welcomes your comments regarding our products and services. These comments should only be submitted to one of the mailboxes available to users of the Sites provided from time to time for that purpose. All remarks, suggestions, ideas, graphics, or other information communicated to Company through Sites (each, a “Submission”) will forever be the property of Company. Company will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities between your Submission and any future Company products, services or operations. Without limitation, Company will have exclusive ownership of all present and future existing rights to the Submissions of every kind and nature, everywhere. Company will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not Company, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. You acknowledge and agree that neither Company nor any of its licensees, successors or assigns has now, or will have in the future, any duty or liability, direct or indirect, vicarious, contributory or otherwise, with respect to the infringement or protection of any copyright in and to your Submission, and that Company and its licensees, successors or assigns are not responsible for the loss, deletion, failure to store, or misdelivery of any feedback submitted.
- CONFIDENTIAL AND PROPRIETARY INFORMATION. You agree not to try to access and not to access any information through the Sites or Features that does not pertain to you and which you are not properly authorized to receive. You agree that if you should access information about another individual or entity, or otherwise receive information you are not authorized to receive, or if you become aware that someone else has accessed or attempted to access information that person was not authorized to receive, you will immediately cease such unauthorized access, notify Company of the unauthorized access, and reasonably assist Company in identifying and correcting the circumstances that permitted such unauthorized access. You will keep confidential all information you receive concerning another individual or entity, will not use such information, will return such information to Company immediately, will not transmit it to any other person or entity and will not reproduce or distribute it in any electronic of other form.
- INTELLECTUAL PROPERTY.
10.2 KILO ENTERTAINMENT and all related registered and unregistered trademarks and service marks (“Kilo Marks”) are the property of Kilo Entertainment LLC. Certain characters, logos, names and images incorporated by Kilo Entertainment LLC on the Sites, Content and Features are also protected as registered or unregistered trademarks, trade names and/or service marks and are the property of their respective owners. The Kilo Marks may not be used without the express written permission of Company.
- FORWARD LOOKING STATEMENTS. The Sites or Features may contain forward-looking statement regarding Company’s business, customers, partners, future products, and services or other factors that may affect future earnings or financial results. Such statements involve risks and uncertainties, which could cause actual results to vary materially from those expressed in or indicated by the forward-looking statements. Examples of these risks include delays in development, competitive service, and product offerings, and lack of market acceptance.
- EXPORT RESTRICTIONS. You agree that you will comply with all applicable export laws, restrictions, and regulations of the U.S. Department of Commerce, the U.S. Department of Treasury and any other U.S. or foreign agency or authority. You agree not to export or re-export, or allow the export or re-export of the Sites in violation of any such law, restriction, or regulation.
- LINKS TO AND FROM THIRD PARTY SITES.
14.1 The Sites, Content, and Features contain or may contain links to other internet sites, including without limitation Social Media Sites. Company does not verify, warrant, endorse or take responsibility for the availability, accuracy, completeness, quality, practices or policies of such sites or content available from such sites. Company does not make representation or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites.
14.2 You are not permitted to link to the Sites, Content or Features from any third-party site without the prior written permission of Company.
- DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SITES, CONTENT AND FEATURES IS AT YOUR SOLE RISK. NEITHER COMPANY, ITS DISTRIBUTORS, PARENTS, AFFILIATES, EMPLOYEES, AGENTS, SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE, WARRANT THAT THE SITES, CONTENT AND/OR FEATURES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES, CONTENT OR FEATURES, OR AS TO THE ACCURACY, RELIABILITY, SECURITY OR CONTENT OF ANY INFORMATION OR SERVICE CONTAINED IN OR PROVIDED THROUGH THE SITES, CONTENT OR FEATURES. THE SITES, CONTENT AND FEATURES, ALL CONTENT AND INFORMATION PROVIDED THEREIN, AND ALL ELEMENTS OF ANY SOFTWARE RELATED THERETO ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, AND ALL SUCH WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED AND EXPRESSLY NEGATED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY COMPANY, ANY OF ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS, SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE, WILL CREATE A WARRANTY; AND YOU WILL NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE ABOVE EXCLUSION OF IMPLIED WARRANTIES WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
- LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL COMPANY, ITS DISTRIBUTORS, PARENTS, AFFILIATES, EMPLOYEES, AGENTS, SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITES, CONTENT OR FEATURES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, LOST PROFIT, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES THAT RESULT FROM OR ARE RELATED TO THE USE OF OR INABILITY TO USE THE SITES, CONTENT OR FEATURES; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ANY EVENT OF FROCE MAJEURE. THE ABOVE LIMITATIONS OF LIABILITY WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. YOU ASSUME THE RISK IN USING THE SITES AND/OR FEATURES AS WELL AS RESPONSIBILITY FOR ESTABLISHING PROCEDURES FOR DATA BACKUP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.
- COPYRIGHT NOTICE. If you believe that any Content appearing on the Sites has been copied in a way that constitutes copyright infringement under the laws of the United States, please forward the following information to the Copyright Agent named below: Your name, address, telephone number, and email address; A description of the copyrighted work that you claim has been infringed; the exact URL or a description of where the alleged infringing material is located; a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Kilo Entertainment LLC
35759 Abelia St.
Murrieta, CA 92562
ATTN: General Counsel
Please note that while Company seeks to preserve any and all exemptions from liability that may be available under the copyright law, this is not a stipulation that Company is a service provider as defined in 17 USC section 512c or elsewhere in law.
- CALIFORNIA CONSUMER NOTICE. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Sites, Features and Content are provided by Kilo Entertainment LLC, 35759 Abelia St., Murrieta, CA 92562. If you have a question or complaint regarding the Sites, please contact us at firstname.lastname@example.org. You may also contact us by writing Kilo Entertainment LLC, 35759 Abelia St., Murrieta, CA 92562, Attention General Counsel. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.