1. DESCRIPTION OF SERVICE AND ACCEPTANCE
ODK Media Inc. (“Kshowon” “we” or “us”) provides an online video service offering a selection of television shows, clips and other content (collectively, “Kshowon Content”) available on the Kshowon.com website (“Kshowon”). Our video service, including the Content and our video player, and any other features, applications, materials or other services offered from time to time by Kshowon in connection with its business on any of the Sites are referred to collectively as the “Kshowon Services.”
2. ACCESS AND USE OF THE Kshowon SERVICES
You must be at least 13 years of age to register for the Kshowon Site or use the Kshowon Services.
License Grant: Kshowon hereby grants you a limited, non-exclusive, non-transferable license to access and make personal, non-commercial use of the Kshowon Services. Kshowon owns and retains all rights to the Kshowon Services. The Kshowon Services are protected by intellectual property laws, including trademark, trade secret, copyright, and other laws.
The Kshowon Content: You may view the Kshowon Content only for your own personal, non-commercial use and you must not alter or remove any copyright and other proprietary notices marked on the Kshowon Content. The Kshowon Content provided to users as part of the Kshowon Services is owned by Kshowon and its licensors. Accordingly, the reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying, translation, broadcast, distribution, performance, display, sale, or transmission of the Kshowon Content is strictly prohibited unless you have obtained the prior written consent of Kshowon in each instance or unless it is expressly permitted by Kshowon on a Site. The Kshowon Content covered by this restriction includes any text, graphics, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works, or materials that otherwise are derived from or based on in any way the Kshowon Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless you have obtained the prior written consent of Kshowon in each instance or unless it is expressly permitted by Kshowon on a Site.
The Video Player: With respect to Kshowon’s video player, you must not modify, enhance, or otherwise alter in any way any portion of the video player or its underlying technology. This restriction includes disabling or otherwise modifying the video service in a manner that enables users to view the Kshowon Content without using the Kshowon video player. Also, you may not embed Kshowon’s video player on any website or other location that contains content that is unlawful, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule or regulation, infringes any right of any third party including intellectual property rights, or is otherwise inappropriate (collectively, “Unsuitable Material”).
Your Obligations: You agree not to directly or indirectly use the Kshowon Services in any manner that:
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE Kshowon PARTIES (AS DEFINED BELOW IN SECTION 10) FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF YOUR OBLIGATIONS SET FORTH ABOVE.
Downloads: In order to participate in certain Kshowon Services, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.
Suspension/Discontinuation: We reserve the right in our sole and absolute discretion to change, suspend or discontinue – temporarily or permanently – some or all of the Kshowon Services, at any time without notice. Kshowon will not be liable to you for any such modification, suspension or discontinuance of the Kshowon Services.
3. PAYMENTS, PREMIUM MEMBERSHIP, BILLING, AND REFUND POLICY
Access to Kshowon and use of the non-Premium Membership portion of Kshowon Services is free. Kshowon’s Premium Membership is an optional service that you do not have to use if you are not interested in paying for it. You are also responsible for any costs you incur to access the internet.
Premium Memberships are billed in advance of each membership period. If you do not change or cancel before the end of your premium membership period, it will automatically renew for the same duration and price. We may modify, terminate, or otherwise amend all Premium Membership plans upon thirty (30) days notice to you. Such notice may be provided at any time by posting the changes to Kshowon or via email.
Premium Memberships are solely for your personal enjoyment and not to be shared with anyone else. We will not allow simultaneous login of the same account from more than one browser or computer.
We will not issue refunds or credits for periods of inactivity within an open account, service outages, or partially used periods. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion.
We will not be liable to you or to any third party for any modifications, price changes, or suspension or discontinuation of the Kshowon Services. Service fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies, or duties. All credit card and payment information you provide are hosted by Paypal and we are not liable for any billing discrepancy or damage incurred by your use of Paypal.
We reserve the right to terminate your account for excessive usage, account sharing, resale, abuse, or any or no reason.
If you have any questions about billing, please contact us at:
ODK Media Inc.
221 N. Harbor Blvd. Suite E
Fullerton, CA 92832
4. ACCOUNTS AND REGISTRATION
We may from time to time offer various features that require registration or the creation of an account on Kshowon. If at any time you choose to register or create an account with us, these additional terms and conditions also will apply.
All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any representative of any Site. You are responsible for all use on your account, including unauthorized use by any third party. Therefore, it is critical that you do not share your password with anyone. Please notify us at [email protected] (subject line: “Account Security Breach”) as soon as you know of, or suspect any unauthorized use of, your account. Please also make sure to notify us if your registration information changes, in case we need to contact you.
5. COLLECTION AND USE OF PERSONAL INFORMATION
6. USER REVIEWS, COMMENTS, AND OTHER MATERIAL
Your Posts: As part of the Kshowon Services, users may have an opportunity to publish, transmit, submit or otherwise post (collectively, “Post”) reviews, comments or other materials (collectively, “User Material”). In order to keep the Kshowon Services enjoyable for all of our users, we ask you to adhere to the following rules.
Please choose carefully the User Material you Post. Please limit yourself to User Material directly relevant to the Kshowon Services. Moreover, you must not Post User Material that: (a) contains Unsuitable Material; or (b) improperly claims the identity of another person. You should also be careful if you decide to Post personally identifiable information, such as your full name, email address, telephone number or street address.
You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant Kshowon the license provided below; you also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. Kshowon will remove all User Material if properly notified that such User Material infringes on another person’s rights. You understand that Kshowon does not guarantee any confidentiality with respect to any User Material.
Third Party Posts: Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate or inappropriate. Kshowon does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of Kshowon. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate. In no event does Kshowon assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against Kshowon with respect to such User Material.
7. LINKED WEBSITES AND ADVERTISING
You acknowledge and agree that Kshowon is not responsible for the content or practices of any other website, even if it links to the Kshowon Site or any of the other Sites and even if the website is operated by a company affiliated or otherwise connected with Kshowon. By using the Kshowon Services, you acknowledge and agree that Kshowon is not responsible or liable to you for any content or other materials hosted and served from any third party website.
Advertisements: Kshowon takes no responsibility for advertisements or any third party material Posted on any of the Sites, nor does it take any responsibility for the products or services provided by advertisers.
Kshowon, Kshowon, the Kshowon logo, www.Kshowon.com, and other Kshowon marks, graphics, logos, scripts, and sounds are trademarks of ODK Media Inc. None of the Kshowon trademarks may be copied, downloaded or otherwise exploited without Kshowon’s prior written consent.
9. UNSOLICITED SUBMISSIONS
Kshowon does not knowingly accept unsolicited submissions including, scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas or concepts. Kshowon’s policy is to delete any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any Kshowon creative work, including a film, series, story, title, or concept, would be purely coincidental.
10. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
YOU AGREE THAT USE OF THE Kshowon SERVICES IS AT YOUR OWN RISK. THE Kshowon SERVICES, INCLUDING THE Kshowon SITE AND THE OTHER SITES, THE Kshowon CONTENT, USER MATERIAL AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE SITES, ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Kshowon DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT OR THAT THE Kshowon SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE OR RELIABLE.
IN NO EVENT SHALL Kshowon OR ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS (COLLECTIVELY, THE “Kshowon PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE Kshowon SERVICES (INCLUDING ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN, OBTAINED ON OR PROVIDED THROUGH THE SITES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY, EVEN IF THE Kshowon PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE Kshowon PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS AND YOUR USE OF THE Kshowon SERVICES.
11. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any Kshowon Content, User Material or other material provided through the Kshowon Services, including through a link, infringes your copyright, you should notify Kshowon of your infringement claim in accordance with the procedure set forth below.
We will process each notice of alleged infringement which Kshowon receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to Kshowon’s Copyright Agent at [email protected] (subject line: “DMCA Takedown Request”).
To be effective, the notification must be in writing and contain the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Kshowon Services that is reasonably sufficient to enable Kshowon to identify and locate the material; (d) how Kshowon can contact you, such as your address, telephone number, and email address; (e) a written 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; and (f) 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. Emails sent to [email protected] for purposes other than communication about copyright infringement may not be answered.
Kshowon has a policy of terminating infringers in appropriate circumstances.
12. GENERAL INFORMATION
International Use: Kshowon’s goal is to bring you as much Kshowon Content as is legally available. That said, we are limited by the rights that our content licensors grant to us. Using technologies to access the Kshowon Content from territories where Kshowon does not have rights is prohibited.
Export Controls: Software and the transmission of applicable technical data, if any, in connection with the Kshowon Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.