Please read the Terms of Service carefully before you start using kthk. By using the Website or Application, you accept and agree to be bound and abide by these Terms of Service.
You may use the service only if you are 13 years or older and are not barred from using the Services under applicable law.
If you want to use certain features of the Services you'll have to create an account ("Account"). You can do this using the Application. It's important to provide us with complete, accurate, and up-to-date information for your Account and you agree to update such information, as needed, to keep it complete, accurate, and up-to-date. If you don't, we may have to suspend or terminate your Account. You agree that you'll notify us immediately of any unauthorized use of your Account, or if you suspect any unauthorized use of your Account. You're responsible for all activities that occur under your Account, whether or not you are aware of such activity.
We welcome comments, suggestions, and feedback for improvement to the Services ("Feedback"). You can submit Feedback by emailing us at email@example.com. You grant us a perpetual, free, and transferable license, with a right to sublicense, to use, copy, modify, create derivative work base on the Feedback in any form and media and for any purpose without any compensation or attribution to you.
For the purpose of these Terms: (i) "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services; and (ii)("User Content" means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content.
kthk does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, kthk exclusively owns all right, title, and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or acoompanying the Services or Content.
By making any User Content available through Services you grant kthk a worldwide, royalty-free, transferable license, with the right to sublicense, to use, copy, modify, create derivative works, display, perform, and distribute your User Content in order to operate and provide Services and Content to you and other Account holders. Basically, your User Content will be used by us in the Application and Website.
You are solely responsible for all of your User Content, including User Content provided by your Account that you are unaware of. You represent and warrant that you own all of your User Content, or you have the rights necessary to grant us the license rights to you User Content under these terms. You also represent and warrant that your User Content, your use and provision of your User Content to be made available through the services, and any use of your User Content by kthk or the Services will not infringe, misappropriate, or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You can remove your User Content by specifically deleting it. However, in some instances, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Subject to your compliance with these Terms, kthk grants you a limited, non-exclusive, non-transferable, non-sublicensable license to view, copy, display, and perform Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
Subject to your compliance with these Terms, kthk grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the App solely for your own personal, non-commercial purposes. You may not copy the Application, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify, or create derivative works based on the Application; (ii) distribute, transfer, sublicense, lease, lend, or rent the Application to any third party; (iii) reverse engineer, decompile, deassemeble the Application; or (iv) make the functionality of the Application available to multiple users through any means. kthk reserves all rights in and to the Application not expressly granted to you under these Terms.
The Company respects all intellectual property rights of others and expects its users to do the same.
It is kthk's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. We may revoke names that are deemed to infringe on the copyright or other intellectual properties of third parties.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, kthk will respond expeditiously to claims of copyright infringement committed using the kthk online network, which is accessible through the App, that are reported to kthk's Designated Copyright Agent, identified in the sample notice below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the App by completing the following DMCA Notice of Alleged Infringement and delivering it to kthk's Designated Copyright Agent. Upon receipt of the Notice as described below, kthk will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the App.
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
Deliver this Notice, with all items completed, to kthk's Designated Copyright Agent: firstname.lastname@example.org.
We may terminate your access to and use of the Services, at our sole discretion, at any time, and without any notice to you. You may cancel your account by emailing email@example.com. Upon any termination, discontinuation or cancellation of Services or your Account, the following provisions will survive: Feedback; Content Ownership, Responsibility and Removal; Warranty Disclaimers; Limitation of Liability; General Terms; and this sentence of Termination.
NEITHER kthk NOR ANY OTHER party involved in creating, producing, or delivering the services or content will be liable for any incidental, special, exemplary or consequential damages, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES arising ouT of or in connection with thESE TERMS or from the use OF or inability to use the ServiceS or CONTENT, whether based on warranty, contract, tort (including negligence), PRODUCT LIABILITY or any other legal theory, and whether or not kthk has been informed of the possibility of such damage, EVEN IF A limited REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
In no event will kthk's total liability arising out of or in connection with THESE TERMS OR FROM THE USE OF OR INABILITY TO USE the ServiceS or content EXCEED THE AMOUNTS YOU HAVE PAID TO kthk FOR USE OF THE SERVICES OR content OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO kthk, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN kthk AND YOU.
These Terms constitute the entire and exclusive understanding and agreement between kthk and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between kthk and you regarding the Services and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without kthk's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. kthk may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Any notices or other communications provided by kthk under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. kthk's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of kthk. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services, please contact us at firstname.lastname@example.org.