End User License Agreement for Kitcast Inc. Services
Updated July 14th, 2017
The following terms and conditions govern all use of (i) the Kitcast Inc. dashboard (the Site), and (ii) the services and products available at or through the Kitcast application (the Service or Application). Kitcast Inc. provides the Application for Apple TV to stream content uploaded and created via the Kitcast dashboard.
The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time on this Site by Kitcast Inc.
PLEASE READ THIS END USER LICENSE AGREEMENT (EULA) CAREFULLY BEFORE ACCESSING THE SITE OR OTHERWISE USING THE SERVICE. BY ACCESSING THE SITE OR USING ANY PART OF THE SERVICE, YOU (EITHER AN INDIVIDUAL OR A LEGAL ENTITY THAT YOU REPRESENT AS AN AUTHORIZED EMPLOYEE OR AGENT) (YOU) AGREE THAT YOU ARE BOUND BY THE TERMS AND CONDITIONS OF THIS EULA. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS EULA, THEN YOU MAY NOT ACCESS THE SITE, THE SERVICE, OR ANY PART THEREOF. Kitcast Inc.'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THIS EULA, TO THE EXCLUSION OF ALL OTHER TERMS; IF THIS EULA IS CONSIDERED AN OFFER BY Kitcast Inc., YOUR ACCEPTANCE IS EXPRESSLY LIMITED TO THE TERMS OF THIS AGREEMENT.
The Service is available only to individuals who are at least 13 years of age. If you do not so qualify, do not attempt to use the Service. Kitcast Inc. may refuse to offer the Service to any person or entity at any time and may change its eligibility criteria, at any time, in its sole discretion.
When used in this EULA, the following terms shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined:
“Service” or “Application” meaning the software application for Apple TV platform that provides a technical solution for streaming content, moderated by a User.
“Site” or “Dashboard” meaning the web part of the Kitcast functionality that provides a User with the tools for adding and managing the content to stream via the Service.
“Add-ons” or "Extensions" means a certain combination of qualitative and quantitative characteristics of the Site and the Service a User may choose to subscribe to for the corresponding fee.
“License” means your right to use all or part of the features provided by the Site and the Service in accordance with your current subscription add-ons or obtained in-app purchases.
"Use" or "using" means to access, install, download, copy or otherwise benefit from using the functionality of the Site and the Service.
Kitcast Inc. reserves the right, at its sole discretion, to modify or terminate the Service or to modify this Agreement, at any time and without prior notice. If we modify the Service or this Agreement, we will post the modification on the Kitcast Inc. website (the "Site") or provide you with notice of the modification. By continuing to access or use the Service after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to use the modified Service and/or to be bound by the modified Agreement. If the modified Service or Agreement is not acceptable to you, your only recourse is to cease using the Service.
PERMITTED USES AND RESTRICTIONS
Kitcast Inc. as the Licensor grants You as the Licensee, a non-exclusive right to use the Site and the Service under the terms of this EULA. All rights not expressly granted to a User are reserved by Kitcast Inc. and its licensors. Any User shall not:
Use the Service on more than one Apple TV at a time, without prior purchasing of additional licenses for each new Apple TV;
Connect a Kitcast-operated Apple TV to more than three screens or other video output devices with a single license;
Remove any Kitcast Inc. trademarks;
Sell or resell, transfer, share, publish, distribute licenses to any third parties without prior agreement;
Use the Application in violation of any foreign, federal, state or local laws, regulations or rules;
Copy or clone ideas and compare to other services.
If you breach any of the terms of this Agreement, Kitcast Inc. reserves the right to suspend or disable your Account or terminate this Agreement at its sole discretion and without prior notice. Kitcast Inc. reserves the right to revoke your access to and use of the Service at any time, with or without cause. You may cancel your Account at any time by logging into the Kitcast Inc. dashboard. Upon any termination of this Agreement or cancellation of your Account, you must promptly destroy all originals and copies of the Kitcast Inc. Application in your possession or control and so certify in writing to Kitcast Inc. and cease any further use of the Kitcast Inc. Application and the Service.
THE Kitcast APPLICATION AND THE SERVICE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Kitcast Inc. DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Kitcast Inc. MAKES NO WARRANTY THAT THE Kitcast APPLICATION OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Kitcast Inc. OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE Kitcast Inc. APPLICATION AND THE SERVICE REMAIN WITH YOU. NEITHER Kitcast Inc. NOR ANY OTHER PARTY WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL), OR FOR THE COST OF PROCURING SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE Kitcast Inc. APPLICATION OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Kitcast Inc. HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH.
COLLECTION AND USE OF INFORMATION
You agree that Kitcast, in its sole discretion, may use your trade names, trademarks, service marks, logos, and domain names for the purpose of advertising or publicizing your use of the Kitcast software.
You agree to defend, indemnify, and hold Kitcast Inc., its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or relating to: (i) your use of or access to the Kitcast Inc. Application or the Service: (ii) your breach of this Agreement; or (iii) your violation of applicable laws, rules or regulations in connection with your use of the Service.
PROPRIETARY RIGHTS NOTICES
All trademarks, service marks, logos, trade names and any other proprietary designations of Kitcast Inc. used herein are trademarks or registered trademarks of Kitcast Inc.. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
This Agreement constitutes the entire and exclusive understanding and agreement between Kitcast Inc. and you regarding the Kitcast Application and the Service, and this Agreement supersedes and replaces any and all prior oral or written understandings or agreements between Kitcast Inc. and you regarding the Service.
You may not assign or transfer this Agreement, by operation of law or otherwise, without Kitcast Inc.'s prior written consent. Any attempt by you to assign or transfer this Agreement, without such consent, will be null and of no effect. Kitcast Inc. may assign or transfer this Agreement, at its sole discretion, without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to this Agreement, will be in writing and given: (i) by Kitcast Inc. via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.