ANY DISPUTE BETWEEN YOU AND Zulu Alpha Kilo MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT. IF THERE IS A CONFLICT BETWEEN YOUR RIGHTS UNDER YOUR LOCAL LAW AND THESE TERMS, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.
KRINGL App (“KRINGL”)
KRINGL is for your personal, noncommercial use and is intended for entertainment purposes only.
KRINGL is our intellectual property and all trademarks, service marks, trade names, trade dress and other intellectual property rights in the KRINGL App are owned by us or our licensors or licensees. Except as we specifically agree in writing, no element of the app may be used or exploited in any way other than as part of the service offered to you. You may own the physical media on which elements of the KRINGL are delivered to you, but we retain full and complete ownership of KRINGL and do not transfer title to any portion of KRINGL to you. Content and Software License
KRINGL is configured to enable the use of software, content, or other materials owned or licensed by us. We grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use such software, content, or other material for your personal, noncommercial use only. We reserve the right to modify, adapt, or otherwise change, reduce, or cease the operation and access of KRINGL at our sole and unhindered discretion.
You may not circumvent or disable any content protection system or digital rights management technology used with KRINGL; decompile, reverse engineer, disassemble or otherwise reduce to a non human-readable form; remove identification, copyright or other proprietary notices; or access or use KRINGL in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands. You shall not modify, block the functioning, alter, or otherwise interfere with the operation of, or mine data from KRINGL. You shall not attempt to gain access to information of other users, content created by other users or any information of other users without their express permission and informed consent on each occasion. By using KRINGL, you represent and warrant that your access to and use of the services, content or software will comply with those requirements.
You agree to take reasonable steps to notify us immediately of any breach of these Terms or of any infringement of copyright, trademark, or other intellectual property you become aware of, whether the breach or infringement is by you or a third party.
Disclaimers and Limitation on Liability
Notwithstanding anything else in these Terms, KRINGL IS PROVIDED “AS IS” AND YOUR USE OF KRINGL AND THE CONTENT YOU CREATE WITH IT IS AT YOUR SOLE RISK. WE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ANY AND ALL CONDITIONS, COVENANTS, REPRESENTATIONS, AND WARRANTIES, EXPRESS OR IMPLIED, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING WITHOUT LIMITATION, ANY FITNESS FOR USE OR PARTICULAR PURPOSE, COMPLETENESS OF SERVICE, ERRORS, MISTAKES, OR ACCURACY OF RECORDING OR OTHER ASPECTS OF KRINGL, QUALITY, STORAGE, OR TRANSMISSION TO YOU OR ANY THIRD PARTY, OR THE TERMINATION, CESSATION OR INTERRUPTION OF SERVICE.
Notwithstanding anything else in these Terms, WE SHALL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, RESULTING, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE LESSER OF TEN (10) CANADIAN DOLLARS OR THE PRICE PAID IF ANY BY YOU FOR KRINGL. WE SHALL IN NO WAY BE RESPONSIBLE FOR ANY ERRORS, MISTAKES, OR INACCURACIES, ANY PERSONAL INJURY OR DAMAGE TO PROPERTY RESULTING FROM OR IN CONNECTION TO YOUR ACCESS AND USE OF KRINGL OR THE CONTENT CREATED WITH KRINGL, ANY INTERRUPTION OR CESSATION OF SERVICES, ANY THIRD PARTY SOFTWARE, BUG, VIRUS, OR LIKE MALICIOUS ROUTINE. WE DO NOT ENDORSE, GUARANTEE, OR ASSUME ANY RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT, SERVICE, OR BRAND WHICH MAY BE ASSOCIATED WITH KRINGL, NOR WILL WE BE IN ANY WAY RESPONSIBLE FOR ANY TRANSACTIONS BETWEEN YOU AND ANY THIRD PARTIES RELATED TO KRINGL OR NOT.
Notwithstanding anything else in these Terms, THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.
Changes to KRINGL
KRINGL may evolve and change over time. If we make a material change to KRINGL, Your continued use of KRINGL will constitute your agreement to any new Terms and/or services.
You may not assign the benefit of these Terms to any third party without our prior express written consent in each instance, however we shall be at liberty to assign the benefit of these Terms to any third party, related or unrelated to us as we may see in our sole and unhindered discretion fit.
Nothing Contained in these terms shall or is intended to create a partnership, joint venture, or agency relationship of any kind, and neither party may have any authority or power to bind the other or act on their behalf.
The headings in these Terms are solely for ease of reference and under no circumstance are they intended to influence or be construed in determining the meaning or intention of the parties to these Terms.
Additional Restrictions on Use of KRINGL
You are not allowed to use or permit the use of KRINGL or the content created by KRINGL for any commercial or business-related purpose, or in relation to any promotional, marketing, or advertisement of any person, brand, product, or service, offer to sell products or services (whether or not for profit), or that solicit others (including solicitations for contributions or donations). Nothing herein restricts us from using KRINGL for such purposes. You agree not to use KRINGL for any malicious, libelous, defamatory, or other harmful purpose, or any purposes which could reasonably be seen to infringe on our rights, the rights of a third party, or be considered contrary to any domestic or international law. You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage any KRINGL or connected network, or interfere with any person or entity’s use or enjoyment of KRINGL. Additionally, you agree not to access, monitor or copy any element of KRINGL using a robot, spider, scraper or other automated means or manual process without our express written permission.
Third-Party Services and Content
If you access KRINGL using an Apple iOS or Android device, you agree that your access to KRINGL using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.
Storage on and Sharing to Other Websites
If you share a video file you created using the application either through your personal e-mail, on Facebook, on Twitter and/or copy the link for later use, your video file is uploaded to a third-party server. The video will be saved to the third-party server and associated with a unique, randomly generated nine digit alphanumeric identifier in the file name and certain anonymous location based information will be stored.
Your video will only be available through a direct link (i.e. https://www.kringlapp.com/?vid_id=1f63n5k29g) generated by the Application and will not be publically listed on kringlapp.com website or discoverable through search engines such as Google or Bing.
When you access KRINGL through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using KRINGL may be prohibited or restricted by your network provider. We maintain no responsibility for any costs incurred from network or service providers associated with the use, download, transmission, or sharing of KRINGL or content created with KRINGL.
User Generated Content
CONTENT CREATED ON YOUR DEVICE USING KRINGL (“User Generated Content”) SHALL BE YOUR FULL AND SOLE RESPONSIBILITY WHETHER OR NOT SUCH USER GENERATED CONTENT IS CREATED BY YOU OR WITH YOUR PERMISSION. YOU ACCEPT ANY AND ALL LIABILITY RELATED TO ALL USES MADE OF USER GENERATED CONTENT, WHETHER EXPRESSLY OUTLINED IN THESE TERMS OR NOT. Access to these features may be subject to age restrictions. You may not submit or upload User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.
We do not claim ownership to your User Generated Content; however, you grant us a nonexclusive, sublicensable, and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, broadcast, stream, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Generated Content in whole or in part, in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity. Zulu Alpha Kilo reserves the right to use any videos created using KRINGL for promotional purposes.
YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND OF SOUND MIND commencing the time of downloading KRINGL, and that THE USER GENERATED CONTENT CREATED USING YOUR DEVICE (WHETHER BY YOU, OR BY SOMEONE ELSE) CONFORMS TO THESE TERMS AND THAT YOU OWN OR HAVE THE NECESSARY RIGHTS AND PERMISSIONS (INCLUDING WITHOUT LIMITATION THE PERMISSION OF ANY PARENT, GUARDIAN, TRUSTEE, LEGAL OR PERSONAL REPRESENTATIVE, OR ATTORNEY), WITHOUT THE NEED FOR PAYMENT TO ANY OTHER PERSON OR ENTITY, TO USE AND EXPLOIT, AND TO AUTHORIZE US TO USE AND EXPLOIT, YOUR USER GENERATED CONTENT IN ALL MANNERS CONTEMPLATED BY THESE TERMS. You agree to indemnify and hold us and our subsidiary and affiliated companies, and each of their respective employees, directors, and officers, harmless from any demands, loss, liability, claims or expenses (including reasonable attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of the User Generated Content. You also agree not to, and ensure that any third party who may have any rights in the User Generated Content shall not, enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights. To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of our copyrighted works, we grant you a revocable, non-exclusive license to create a derivative work using our copyrighted works as required for the purpose of creating the materials, provided that such license shall be conditioned upon your assignment to us of all rights in the work you create. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.
We maintain the right to terminate, remove, and/or have removed from third party servers, any User Generated Content at our sole and unhindered discretion. Nothing contained herein creates any responsibility or liability on us for or in relation to any User Generated Content wherever stored, or however used.
We are only able to accept notices in the languages into which these terms are made available by us.
We will respond expeditiously to claims of copyright infringement that are reported to our Privacy Officer, identified above. Any request or notification made must comply with the laws of the Province of Ontario, as well as the domestic laws of the jurisdiction of the claimant and the jurisdiction of the alleged offence (which may include, without limitation, the U.S. Digital Millennium Copyright Act of 1998).
Choice of Forum
You agree that any action at law or in equity arising out of or relating to these terms or KRINGL shall irrevocably and exclusively be filed, and that venue properly lies, only in the provincial or federal courts located in the Province of Ontario, and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
Choice of Law
These terms are irrevocably governed by and construed exclusively in accordance with the laws of the Province of Ontario and the laws of Canada, including quantification and award of damages, without giving effect to any conflict of law principles.