Terms and Conditions ("Terms")
Last updated: February 11th, 2020
Table Of Contents:
Let it be known that the terms below in this section "00. Definitions" shall also be known and defined as the following.
KrossKast, LLC: “KrossKast, LLC” shall also be known as (“KrossKast”, "KrossKast's" "us", "we", "our", or "seller").
You, Your, Buyer: "You", "Your" or buyer shall refer to such entity and it affiliates, and person or persons responsible signing up and creating their account directly or indirectly with us.
Service(s): "Service(s)" shall be know as, including but not limited to, streaming music and any and all content services delivered from our website, www.KrossKast.com and/or our KrossKast Apps, (mobile applications via the Apple or Android App Store) to your computer(s) and/or mobile device(s).
Terms: "Terms" shall also be known as the "Terms and Conditions," which will refer to the full contractual agreement, "Contract" herein by and between "you,” and “KrossKast.”
Affiliate: "Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. "Control," for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
Subscription(s): "Subscription(s)" shall be known as, including but not limited to the "Exclusive", "Elevate", "Elite", or "Enterprise" plan, that will automatically extend on an annual or multi-annual "Period" and can have multiple "Locations" under each.
Period(s): "Period(s)" shall be known as the minimum time-frame for each "Subscriptions". All Periods are a minimum of one, two or three years, (depending on the "Period" you choose).
Location(s): "Location(s)" shall be known as each physical address that you will be using the "Services" at.
Billing Cycle: "Billing Cycle" shall be know the the bill that you will received in advance on a recurring basis ("Billing Cycle") for the use of the "Services". "Billing Cycles" are set either on a monthly, quarterly, bi-annual, or annual basis, depending on the type of agreement offered or arranged when purchasing a "Subscription." Our "Billing Cycles" will never change when adding additional locations to a "Subscription", (see Section 07. Subscriptions).
Purchase(s): "Purchase(s)" shall be known as the purchase of any of our products or service made available through the "Service".
Promotions: “Promotions” shall be known as any promotions, contests, sweepstakes or contents (collectively, “Promotions”) made available through the "Service".
This following Terms And Conditions, which have been mutually agreed upon and constitute the full contractual agreement by and between the “you,” and “KrossKast”.
01. Welcome to KrossKast!
This Terms and Conditions agreement ("Contract(s)") herein, is a legally binding contractual agreement between you and KrossKast. KrossKast provides your use of the "Services," including but not limited to, streaming music and content services delivered from our website, www.KrossKast.com and/or our KrossKast Apps, (mobile applications via the Apple or Android App Store) and to your computer(s) and/or mobile device(s).
This "Contract" providing the utilization of the "Services" is legally binding. If you have any questions regarding this Terms and Conditions agreement below, please contact legal council. You may also contact us at The Kross Group for further questions regarding this agreement. Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
The Terms and Conditions listed below are legally binding and will act as a contract for our "Service".
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You will be responsible for providing your own ISP, (Internet Service Provider) to stream “our” content, and a cable modem, router, DSL, and/or any other necessary internet hardware or software to use “our” Services. Recognizing the global nature of the Internet, you realize and agree that your ISP could have internet outages effecting the connection of your internet service. "We" will not be held liable for any loss of internet from you ISP, and/or any malfunctioning hardware or software, nor shall any refunds be given. Additionally, you agree to comply with all local rules and laws regarding your use of the Service.
"Our" mobile application(s) are recommended to be used locally in connection with your wifi and/or internet service at your "Location." If you choose to use "our" mobile application(s) over a cellular connection, you will be responsible for any and all standard data and messaging charges, fees, and taxes apply.
05. Devices and Equipment
You will need to purchase an approved device to stream our service per location. Approved streaming devices can be found on our website within the F.A.Q. section titled "Approved Equipment And Browsers" and on the "Equipment" page. Only the devices displayed within the F.A.Q. section titled "Approved Equipment And Browsers" are approved devices, any other device you may wish to use is deemed not approved. By purchasing any of "our" devices and equipment to stream "our" services, you are subject to the following terms. Each individual physical address that you will be using "our" devices and equipment within, will be considered the "Locations" of use.
Devices and Equipment Prices: KrossKast, in its sole discretion and at any time, may modify the prices of "our" devices and equipment. KrossKast, will provide "you" with prior notice of any devices and equipment price modifications prior to purchase. Subject to price change may occur from, but are not limited to, possible fluctuations on import tariffs, taxes, inflation, and/or improvements on technological hardware to mention a few.
Title To Equipment: Seller represents that the Seller owns all devices and equipment described herein and they are free and clear from all liens and encumbrances.
Delivery And Acceptance: Upon acceptance by Buyer of the devices and equipment, which acceptance shall be identified to the Seller by the Buyer taking possession of the devices and equipment, such acceptance shall acknowledge that the devices and equipment are in good order and condition and that Buyer is satisfied with same and that Seller has made no representation or warranty, expressed or implied, with respect to such item of the devices and equipment. All devices and equipment are sold in an “as is” condition.
Maintenance And Repair: All maintenance and repair costs to the devices and equipment shall be paid by Buyer and Seller is hereby relieved from any responsibility to maintain or repair said devices and equipment, all said devices and equipment are being sold in an “as is” condition.
Condition of Equipment: Seller makes no warranties unto Buyer for the sale of the devices and equipment and all of "our" devices and equipment described herein are sold in its “as is” condition.
Insurance And Risk Of Loss: Buyer shall acquire and maintain insurance on the devices and equipment described herein for their use within the Buyers "location(s)".
Damage To Equipment; Destroyed Or Stolen Equipment: We will not be held liable or expected to replace any devices or equipment that "you" may purchase from "us" for any loss, theft, destruction or damage to any of "our" devices and equipment. "You" are solely responsible for the well-being, care and liability of any and all devices and equipment that "you" will be using within "your" "location(s)".
Taxes And Licenses: All taxes, license fees and other expenses associated with the devices and equipment shall be paid by Buyer.
Indemnification Of Seller: Buyer shall indemnify, protect and hold harmless the Seller, its agents, servants, successors and assigns from and against all losses, damages, injuries, claims, demands and expenses, including legal expenses, of whatever nature, arising out of the use, condition or operation of any item of the devices and equipment, regardless of where, how and by whom operated. Buyer shall assume the settling of, and the defense of any suits or other legal proceedings brought to enforce all such losses, damages, injuries, claims, demands and expenses and shall pay all judgments entered in the suit for other legal proceedings. The indemnification and assumptions of liability and obligation herein provided shall continue in full force and effect notwithstanding the termination of this agreement, whether by expiration of time, by operation of law or otherwise.
06. Availability, Errors and Inaccuracies
All operating system updates can effect the performance of our KrossKast applications. As our latest device applications/software becomes available, it is the client's responsibility to check our applications/software compatibility before updating your device(s) operating system(s). Our applications/software compatibility and updates can be found on our website within the F.A.Q. section titled "Approved Equipment And Browsers", then select your approved device(s) displayed, check the "Recommended OS" and follow the "Device Directions" for proper use. You must check the "Recommended OS" to confirm that we have updated our KrossKast applications/software for compatibility before you update the operating system(s) for any device(s) that you are using. If you choose to upgrade the operating system of your approved device before confirming our applications/software compatibility, and/or if you do not follow our "Device Directions" for proper use, then we will not be held responsible for any errors, inaccuracies and/or lack of performance. Additionally, if you choose to use any devices that are not displayed on our website in the F.A.Q. section under "Approved Equipment And Browsers", then that would deem the devices not approved. Any not approved devices and/or approved devices being misused by not following our Device Directions which can also be found in the F.A.Q. section under "Approved Equipment And Browsers", will result in unsupported use and misuse of our products and services, therefore we will not be held responsible for any and all errors, inaccuracies and/or lack of performance.
We are constantly updating product and service offerings on the "Service". We may experience delays in updating information on the "Service" and in our advertising on other web sites. The information found on the "Service" may contain errors or inaccuracies and may not be complete or current. Products or "Services" may be mispriced, described inaccurately, or unavailable on the "Service" and we cannot guarantee the accuracy or completeness of any information found on the "Service".
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
07. Promotions, Contests, Sweepstakes and Contents
Any promotions, contests, sweepstakes or contents (collectively, “Promotions”) made available through our "Service" may be governed by rules that are separate from these Terms & Conditions and offered by a third party client, via “promotional messages, commercials or ads” being promoted on one or more of our clients accounts, have absolutely no-connection or affiliation with KrossKast. Therefore, we have no-control or connection of the actual said promotion, sweepstakes, contests, or contents that one or more of our clients might be offering. You realized that KrossKast is solely providing the “audio form” of the said promotion from a client and you hold KrossKast, all if it’s employees, and independent contractors harmless against any infringements, loss or damages from any said promotions, contests, sweepstakes, or contents.
Any of KrossKast’s talent used to record and/or voice commercials, promotional messages, ads, branding jingles or sweeps, (collectively, “Promotions”) will not be required to endorse the clients said Promotion by using their name, likeness or brand. All of KrossKast’s talent is strictly and only for use of “voicing” the client-scripts that KrossKast receives from client Promotions. Additionally, any of KrossKast’s talent are not to be contacted directly for business after their services are rendered. Any and all additional talent needs should go through KrossKast each time.
09. Messaging & Branding
*Any Messages or Branding elements purchased within our Exclusive, Elevate, Elite or Enterprise "Subscription" plans included at the time of purchase, are to be created one time only, voiced by a standard voice over KrossKast talent, and not on a reoccurring monthly basis. Each Messaging & Branding element created, includes the "voice-over" and "audio imaging" for a quality professional sound.
After any Messages or Branding elements are created, the client can use the Messages or Branding elements as much as they would like and for forever, provided they are using them within our KrossKast music service. Any Messages or Branding elements created within our establishment from or by our KrossKast talents, are non-transferable to any medium other than KrossKast, and cannot be used anywhere else except our KrossKast music service.
If after a contractual term is over and you are choosing to delay the signing of another contractual term with us, it is extremely important that you contact us before the contractual term ends to hold the Messages or Branding elements that we created for your company. Otherwise, any Messages or Branding elements we created will be deleted if a contract is up and not renewed.
Additional Messages or Branding elements can be created for you at a nominal fee. All voice over recordings at our Standard Rates herein, provide your company a “KrossKast Blanket License”, not copyright ownership, that allows your company to use them as much as you want and for forever, provided that you are using them solely within our KrossKast music service. Prices to own 100% of the copyright for any of our Messages or Branding elements will not be found on this website. If you’re interested in 100% copyright ownership of any Messages or Branding elements, please contact us for more information.
If you have your own Messages or Branding elements that you would like aired within your establishment via our KrossKast music service, we are happy to play them for you provided the following. Any promotional messaging, commercials, branding sweepers/jingles, or any audio elements whatsoever, that you submit to us, you are guaranteeing that you hold 100% ownership of the copyright(s) for any and all audio elements submitted and you fully indemnify KrossKast and hold KrossKast harmless against any and all legal issues, if such issues are to arise from using your audio elements.
Some parts of the "Service" are purchased on a subscription basis only ("Subscription(s)") for annual or multi-annual periods, ("Period(s)") and can have multiple locations, ("Location(s)") under each "Subscription". Each physical address that you will be using the "Services" at, will be considered the "Locations" of use. By purchasing any of “our” "Subscription(s)," including but not limited to, Exclusive, Elevate, Elite, or Enterprise plan, you are agreeing to a minimum of a one year or multi-year "Period" with recurring "Billing Cycles," as defined herein. All "Subscriptions" are a minimum of one, two or three year "Periods," (depending on the "Period" you choose). A multi-year "Subscription" includes discounted rates.
You are allowed to sign up for multiple "Subscription(s)" on behalf of a the company(s) or other legal entity(s) that you are representing. KrossKast's "Subscriptions" vary in price depending on the square footage of your "Location(s)," therefore you may need to purchase multiple "Subscriptions" to properly cover all your "Location(s)." Once a "Subscription" is created, an unlimited amount of additional "Locations" may be added to each initial "Subscription", depending on the square footage of each additional "Location," but the "Billing Cycle" and "Period" of each initial "Subscription" will never change regardless of how many additional "Location(s)" are added to the initial "Subscription" or when the additional "Location(s)" are added to the initial "Subscription". When adding any additional "Locations" to a "Subscription," each additional "Location(s)" will take on the same "Billing Cycle" and "Period" as the "Subscription" it is being added to. Therefore, additional "Locations" being added to a "Subscription" will finish their "Period" when the initial "Subscription's" "Period" has expired. If you would like to add a longer "Period" to any additional "Location(s)" being added to a "Subscription," then you agree to upgrade the "Period" of the "Subscription" to equal the same "Period" of the additional "Locations" being added, including matching the "Period" of any and all "Locations" under that specific "Subscription" as well. Signing up and purchasing a "Subscription" on "our" website, www.KrossKast.com, will only allow your use of the "Service" for one Subscription and one "Location." At any time, you can contact us to add additional "Locations" to your "Subscription" and update your "Billing Cycle" payments.
You will be billed in advance on a recurring basis ("Billing Cycle"). "Billing Cycles" are set either on a monthly, quarterly, bi-annual, or annual basis, depending on the type of agreement offered or arranged when purchasing a "Subscription." Your annual or multi-annual "Subscription" "Period" will start on the first "Billing Cycle" date. If you have over fifty "Locations," we ask to be paid directly and quarterly, in advance.
Your "Subscription" will automatically extend, including any additional "Location(s)" that may have been added to the "Subscription," for additional "Period(s)" equal to the expiring "Subscription" "Period," following the expiration of the "Subscription," for the particular "Service" "Subscription," unless decided that you do not wish to extend your "Subscription" or additional "Services" hereunder before the expiration of the initial "Subscription" "Period" or any extending "Period," as applicable, by notifying KrossKast in writing via email through "our" online support page located within your master account login, at least 45 days before the completion of the initial "Period" or extension "Period," as applicable, and you must receive a reply email from "KrossKast" confirming your request, not an auto reply. All "Subscription" "Period(s)", including any additional "Locations" being added to a "Subscription", cannot be changed to a shorter "Period" once purchased. Additional each "Location(s)" will take on the same "Billing Cycle" and "Period" as the "Subscription" it is being added to. Canceling your "Subscription(s)" early before the "Subscription(s)" "Period(s)" expiration, will result in a $350.00 fee per "Location".
A valid payment method, including credit card, is required to process the payment for your "Subscription". You shall provide KrossKast with accurate and complete billing information including business name, full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize KrossKast to charge all "Subscription" fees incurred through your account to any such payment instruments. Should automatic billing fail to occur for any reason, KrossKast will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the "Billing Cycle" as indicated on the invoice. If "we" are unable to contact you, and/or don't receive a response in a timely manner the "Service" will be suspended until payment is completed, including any past dues that may be owed. If at anytime your payment is not made on the due date, KrossKast reserves all rights to suspend your service to your master account including all your "Locations", without any notice whatsoever, and charge reactivation fee of $10.00 per "Location".
11. 7 Day Trial Period
*Prior to signing up for an annual or multi-annual "Subscription(s)" plan, KrossKast allows you to try our music service free for 7 days, starting from the day that you create your account with "us". During the 7 day trial period, all of "our" "Subscription(s)" plans "Exclusive, Elevate, Elite, or Enterprise", only allow access to "our" Exclusive Music and our Exclusive Music Channels, regardless of the "Subscription(s)" plan you select to try.
KrossKast allows you to add multiple Zones within your "Location(s)". Zones are different areas within the same "Location", that you would like to simultaneously stream different genres of music too. After signing up and enrolling in a "Subscription" plan for one "Location", we'll provide a 50% discounted price for each additional Zone within that same "Location". If you have multiple "Locations", then each of your "Locations" must be enrolled in individual "Subscription" plans, "Exclusive, Elevate, Elite, or Enterprise", first before adding additional Zones to each. Therefore, each "Location" must be enrolled in a "Subscription" plan to qualify for additional Zones and the 50% discounted price for each additional Zone. The 50% discounted price for each additional Zone, is based off of the "Subscription" plan that each "Location" is enrolled in.
13. Fee Changes
KrossKast, in its sole discretion and at any time, may modify the "Subscription" fees for the "Subscriptions". Any Subscription fee change will become effective at the end of the then-current "Billing Cycle". KrossKast, will provide you with a reasonable prior notice of any change in "Subscription(s)" fees to give you an opportunity to terminate your "Subscription" before such change becomes effective. Your continued use of the "Service" after the "Subscription" fee change comes into effect constitutes your agreement to pay the modified "Subscription" fee amount.
"Subscription" fees are non-refundable. Loss of internet and/or internet drop outs do not result in a refund of the "Service(s)". Your ISP, (Internet Service Provider) is your responsibility.
The "Service" allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness. By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the "Service". KrossKast has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this "Service" are the property of KrossKast or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from "us".
When you create an account with "us", you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the "Service". If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms And Conditions, in which case the terms "You" or "Your" shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these Terms And Conditions, you must not accept this agreement and may not use the "Service(s)".
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our "Service" or a third-party service. You agree to notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. KrossKast will not be liable for any loss or damage arising from your failure to comply with this Section.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
KrossKast will be logging and track each song you play from your master account, including the all the "Locations" under your master account. This happens in a real time that we can instantly view, and will be stored in our reports as well. We use this information to pay royalties.
We reserve the right to refuse service, suspend service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
17. Use of Service(s)
KrossKast offers two music service product lines, "Exclusive Music" (aka "KK Exclusive") and "Commercial Music". Each product line offers a series of their own music channels and music within each channel. If applicable, "you" can subscribe to one or both of "our" music service product lines. Our "Service" is for business use only. By using our "Service" for personal use, you are violating our "Terms" of this agreement. Therefore, if you use KrossKast for personal use and/or violate our "Terms" herein for business use, then you're taking full responsibility in any way, shape or form against any lawsuits or legal action and you hold "KrossKast" harmless against any and all lawsuits or legal action.
KrossKast is a licensed background music provider. We track every song played from your location(s), submit music usage reports and we can pay the royalties fees for you. As a result, we are legally able to cover the music royalties for the vast majority of businesses on a domestic and international level. However, there are some exceptions depending the subscription plan(s) you purchase from us, (Exclusive Music or Commercial Music) and the category of your business. Please see section A, B, C below for more details.
A. Exclusive Music Plan: Is available for Domestic and International use. Within our Exclusive Music plan all the music royalties are 100% covered under our "KrossKast Blanket License" regardless of your business category or location around the world. We own one-hundred percent of all the music publishing rights to our "KK Exclusive" original music that is played within our "KK Exclusive" channels and allow the freedom of use of our music for our active clients enrolled in a subscription plan in good standing. We are the only streaming service in the world that invests extensively in music publishing and we control the rights of use to our original music. Additionally, our "KK Exclusive Music Channels" can be streamed in any "Zone" that you would like, with absolutely no restrictions, including fitness classes in a gym.
B. Commercial Music Plan: Is available for Domestic use only. Our Elevate or Elite plans will give us the ability to cover your music royalties by obtaining blanket licenses to commercial music offered by the PROS for the vast majority of businesses, but the ultimate answer would depend on your business category. Are you a Fitness Center? Rollerskating Rink? Water Park? There are different rules and regulations for different business categories regarding the use of commercial music. If you're unsure of your business category, please contact us before purchasing a subscription plan and we'll be happy to assist you. Additionally, Commercial Music "Service(s)" Plan are only to be used for background music purposes only and anyone using our Commercial Music "Service(s)" Plan must not charge an entry fee into the business establishment or use our Commercial Music "Service(s)" Plan to promote dancing within their establishment. It is of the upmost importance that our Commercial Music "Service" Plan is streamed into each "Location" as background music only.
C. Live Performances: We are a background music streaming service, therefore our "Service(s)" and "Subscription(s)" plans do not include a public performance license and do not cover the performances by any live singers, musicians, or DJs within your business establishment.
18. Copyright Policy
KrossKast legally plays music in commercial locations, via the statutory license relevant to the “business establishment services” in Section 112 of the Copyright Act, (U.S.C). Therefore, you must notify "us" immediately if you are using “our” "Service" in other "Locations" beyond the "Location(s)" you initially signed up for, and that you follow all of the "Terms" herein. Failure to not notify us of how many "Locations" “our” "Service" is playing in, will result in legal issues, and you will hold "KrossKast" harmless from any and all legalities.
Krosskast respects the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to The Kross Group with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims. You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims:
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
19. Intellectual Property
The "Service" and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of "KrossKast" and its licensors. The "Service" is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of "KrossKast".
KrossKast grants you a limited, non-exclusive, non-transferable license to access and use the KrossKast "Services," not sold, to you, and to be used in legally authorized jurisdictions for commercial purposes only. Your license to use our "Services" is subject to your prior acceptance of our Terms and Conditions herein. You agree that you will “not” use KrossKast "Service(s)" to distribute or make the licensed "Website" or "Mobile Application(s)" available over a network where it could be used by others on multiple devices at the same time, you may not transfer, redistribute or sublicense the Licensed "Website" or "Mobile Application(s)" and, if you sell your Apple or Android Device to a third party, you must remove the licensed "Website" or "Mobile Application(s)" from the Apple Device before doing so. Additionally, you will "not" copy to reproduce copyrighted materials, copy, edit, store, record, alter the tracks and/or audio bites streamed through KrossKast's "Services" or change in anyway shape or form, or give your password to any one else, modify, translate, reverse engineer, disassemble any portion(s) or piece(s) of KrossKast's "Services," rent, sub-lease, lease, attempt to derive the source code of, modify, or create derivative works of the licensed "Website" or "Mobile Application(s)", any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the licensed "Website" or "Mobile Application(s)"), or use KrossKast and/or it's "Services" in any way that would violate this Terms And Conditions Agreement.
20. Links To Other Web Sites
Our "Service" may contain links to third party web sites or services that are not owned or controlled by KrossKast. KrossKast has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that KrossKast shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the "Service" immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the "Terms". If you wish to terminate your account, you may simply discontinue using the "Service". If you are still within your "Subscription" "Period", we will continue to bill you for any additional fees until the expiration of your "Subscription". All provisions of the "Terms", which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless "KrossKast" and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the "Service", by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the "Service".
23. Limitation Of Liability
In no event shall "KrossKast", nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content, any loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the "Service"; (ii) any conduct, content or materials of any third parties, (including users) on the "Service"; (iii) any content obtained from the "Service"; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
You acknowledge that "KrossKast" does not have any duty to pre-screen content, but that "KrossKast" and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the "Service". Without limiting the foregoing, "KrossKast" and its designees will have the right to remove any content that violates these Terms of Service herein or is deemed by "KrossKast" in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. Some content available via the "Services" may include explicit language or images, which may not be appropriate for all audiences, and you use the "Services" at your own risk.
Downloading or using the Service(s) is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
KrossKast its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). You are responsible for paying all Taxes associated with Your purchases hereunder. If we have the legal obligation to pay or collect Taxes for which you are responsible under this Section, we will invoice you and you will pay that amount unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, we are solely responsible for taxes assessable against us based on our income, property and employees.
26. Governing Law
These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these "Terms" will not be considered a waiver of those rights. If any provision of these "Terms" is held to be invalid or unenforceable by a court, the remaining provisions of these "Terms" will remain in effect. These "Terms" constitute the entire agreement between us regarding the "Service", and supersede and replace any prior agreements we might have had between us regarding the "Service".
We reserve the right, at "our" sole discretion, to modify or replace these "Terms" at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our "Service" after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new "Terms", you are no longer authorized to use the "Service".
28. Contact Us
If you have any questions about these "Terms", please contact us here, (The Kross Group).
BY ACCEPTING THIS AGREEMENT; BY EXECUTING A SIGN UP FORM; BY PURCHASING ANY SUBSCRIPTION(S) OR SERVICE(S); OR, BY USING SUCH SERVICES, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT WILL BE BOUND BY THESE TERMS AND CONDITIONS HEREIN.