Terms of Use

The Effective Date of these Terms of Use is February 3, 2015.

USER ACCEPTANCE

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THE SITES (AS DEFINED BELOW). BY USING THE SITES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT USE THE SITES. These Terms apply to the websites owned and operated by Digital Entertainment Corporation of America d/b/a Kin Community (“KIN” “us” or “we”) that post these Terms, including any features, applications, widgets or online services that post a link to these Terms, whether accessed via computer, mobile device or otherwise (collectively, the “Sites”).

The Sites are offered and made available only to Users (as defined below) 13 years of age or older and if you are not yet 13 years old, or if your use of the Sites is prohibited or restricted by the laws, regulations or other governmental requirements of the jurisdiction in which you live or reside, please discontinue using the Sites immediately. By using or attempting to use the Sites, you are expressly certifying that you are at least 13 years of age, meet all other eligibility requirements for your use of the Sites, and agree to all of the terms and conditions contained in these Terms.

In some instances, there are separate terms and conditions that apply to the features, functions and services we make available to you from time to time through the Sites, including, but not limited to, the official rules which apply to your participation in promotions, giveaways, contests, sweepstakes, memberships, e-mail and/or newsletters and our Privacy Policy. All of these terms and conditions are hereby incorporated into these Terms by this reference.

These Terms will remain in full force and effect until terminated in accordance with these Terms or as long as you are a User of the Sites even if your use of or participation in any particular service, feature, function or service terminates, expires, ceases, is suspended or deactivated for any reason. The words “use” or “using” in these Terms means any time an individual (a “User”), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the Sites, transmit, receive or exchange data or communicate with the Sites, or in any way utilizes, benefits, takes advantage of or interacts with any feature, function or service of the Sites. These Terms do not cover your rights or responsibilities with respect to third party content or any web sites or links that may direct your browser or your connection to third party web sites or web pages.

INTELLECTUAL PROPERTY OWNERSHIP

Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Sites (including, without limitation, graphics, layout, text, instructions, images, audio, videos, designs, games, contests, voting, technology, applications, widgets, artwork, information, data, compilations, advertising copy, logos, domain names, trademarks and services marks, copyrightable material (including source and object code); the “look and feel” of the Sites; the compilation, assembly and arrangement of the Sites, and all other materials related to the Sites that are owned, controlled or licensed by KIN or the Affiliates (as defined below) (collectively, “Materials”) are protected from unauthorized use, copying and dissemination by copyright, trademark, patent and other laws, regulations and international treaties. Except as expressly set forth in these Terms, no rights (either by implication, estoppel or otherwise) are granted to you. Any and all rights to use any Materials not expressly granted to you under these Terms are hereby reserved for KIN and/or the Affiliates. Nothing contained in these Terms will affect, impair, or limit in any way KIN’s rights to exploit fully any or all of the Materials.

You acknowledge and agree that you will not, directly or indirectly, contest, challenge, aid or abet in contesting or challenging the validity or ownership of the Materials, or take any action whatsoever in derogation of KIN’s rights therein. You acknowledge and agree that you will not acquire or claim any rights in the Materials, or aid or abet anyone else in doing so.

The Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the prior written authorization of KIN, unless and except as is expressly provided in these Terms. Any other use of the Materials without the prior written authorization of KIN is strictly prohibited.

DISCLAIMER REGARDING CONTENT

You expressly agree that your use of the content on the Sites is at your sole risk. Neither KIN, nor its affiliates, subsidiaries, related companies, licensors, assigns and successors and all of their respective officers, directors, employees, licensors, suppliers, service providers, successors and permitted assigns, representatives and agents (or any other person or entity involved in creating, producing or distributing such content) (collectively, the “Affiliates”) make any warranty as to the results that may be obtained from use of the Sites or as to the accuracy, reliability or content of any information, service or products provided through the Sites.

KIN and the Affiliates do not endorse, warrant or guarantee any products or services offered through the Sites and will not be a party to, or in any way monitor any transaction between, users and third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. KIN and the Affiliates make the content, products or services available on the Sites without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these Terms.

KIN and the Affiliates neither endorse, nor are responsible for the accuracy or reliability of any opinion, advice or statement obtained via the Sites (including those submitted by Users), nor for any offensive, defamatory or obscene posting made in the community areas or comment sections by anyone. Under no circumstances will KIN or any Affiliates be liable for any loss or damage caused by your reliance on content obtained via the Sites, including any postings in the community areas or comment sections. It is your responsibility to evaluate the accuracy, completeness or usefulness of any content available via the Sites, including the community areas and comment sections. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific content obtained via the Sites, including but not limited to financial, health, or lifestyle content. The content obtained via the Sites is not intended to be a substitute for professional advice. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. If you think you may have a medical emergency, call your doctor or 911 immediately. You should not act or refrain from acting on the basis of any content obtained via the Sites without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer or professional licensed in your state, country or other appropriate licensing jurisdiction. To the extent any financial services or investment information is obtained via the Sites, you are advised to consult with your broker or other financial advisor. Neither KIN nor the Affiliates (including third party content providers) shall have any liability for investment decisions based upon, or the results obtained from, the content obtained via the Sites. Neither KIN nor the Affiliates (including third party content providers) guarantee or warrant the timeliness, sequence, accuracy, or completeness of any information provided via the Sites. Nothing obtained via the Sites shall be construed as investment advice. KIN is not a registered broker-dealer or investment advisor and does not give investment advice or recommend one product over another.

MODIFICATIONS

We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change these Terms. Once we post the revised Terms on the Sites, the changes become effective immediately and your use of the Sites thereafter will signify your agreement to be bound by the changes. You should check back frequently and review these Terms regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us. KIN also reserves the right to change, modify, withdraw, suspend or permanently discontinue all or any portion of the Sites at any time, without any liability or obligation to you, with or without notice.

PRIVACY

KIN respects your privacy and the use and protection of your personally identifiable information (�����������������������������Personal Information”). Please see our Privacy Policy for important information and disclosures relating to the collection and use of your Personal Information in connection with your use of the Sites. If you have any questions regarding KIN’s Privacy Policy, email us at [email protected] or write to us at Kin Community, Attention: Privacy Policy, 1728 Olympic Blvd., Santa Monica, CA 90404.

THIRD PARTY CONTENT AND LINKS TO THIRD PARTY WEBISTES

The Sites may contain links to third party websites that are not owned or controlled by KIN. The Sites may also include third party content that is not controlled, maintained or endorsed by KIN or other third party communications from and online features by third parties. KIN has no control over, and assumes no responsibility for, the content or practices of third parties.

The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Sites or any other form of link or re-direction of your connection to, with, or through the Sites, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of KIN or the Affiliates. We do not verify, endorse, or have any responsibility for any such third party sites, their business practices, or any goods or services associated with or obtained in connection with any such content or site, even if KIN’s or any Affiliates’ logo or sponsorship identification is on the third party site as part of a co-branding or promotional arrangement. If any third party site obtains or collects Personal Information from you, in no event shall we assume or have any responsibility or liability therefor. Please read our Privacy Policy, which describes how KIN collects and uses your Personal Information in connection with our third party relationships. In addition, KIN will not and cannot censor or edit the content of any third party content or site. By using the Sites, you expressly relieve KIN from any and all liability arising from your use of any third party content or website. Accordingly, we strongly suggest that when you leave the Sites that you read the terms and conditions and Privacy Policy of each other website that you visit.

Your correspondence and business dealings with others found through the Sites including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with any such dealings, are solely between you and the third party.

Website Access

KIN hereby grants you permission to use the Sites as set forth in these Terms, provided that: (1) your use of the Sites as permitted is solely for your personal, noncommercial use (unless KIN grants you written permission to do so); (2) you will not copy or distribute any part of the Sites in any medium without KIN’s prior written authorization; (3) you will not alter or modify any part of the Sites; and (4) you will otherwise comply with the terms and conditions of these Terms.

Intellectual Property violations

If you are a copyright owner or an agent thereof and believe that any content on the Sites infringes upon your copyright, trademark or other intellectual property rights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent (described below) with the information listed below in writing (see 17 U.S.C 512(c)(3) for further detail). Note further, pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed infringement on the Sites should be sent ONLY to our Copyright Agent.

DO NOT SEND ANY INQUIRIES UNRELATED TO INTELLECUAL PROPERTY RIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR E-MAIL ABUSE, ETC.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY KIN, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

Written notification must be submitted to the following Copyright Agent:

Email: [email protected]

Mailing Address: Attn.: Copyright Agent, 1728 Olympic Blvd., Santa Monica, CA 90404

Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following: (1) an electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest; (2) identification of the copyrighted work (or works) that you claim has been infringed; (3) a description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.); (4) a clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material; (5) your name, address, telephone number, and e-mail address; (6) a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (7) 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.

If you believe that any content on the Sites violate your rights other than copyrights, please provide KIN with at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.

REGISTRATION

There may be portions of the Sites that we make available to Users in the general public without registering and you may visit and browse those portions without charge or obligation; provided, however, we reserve the right to make changes, limit or restrict those portions at any time and from time to time in our discretion, without notice to you.

In order to access and use certain services, features or functions of the Sites and in general any interactive feature of the Sites, we may require Users to register (now or in the future). As part of the registration process, you may need to select and provide us with a unique User name and choose a password (or we may assign an initial password which we will give you the option to change) which must form a unique combination (a “User ID”), and we also request that you provide your e-mail address, and may request that you provide other information as we may require. We may also, from time to time and at any time, provide Users with additional codes or passwords necessary to access and use certain services, features or functions of the Sites. Please read our Privacy Policy, which describes the Personal Information we collect, use, disclose, manage and store. Your User ID is personal to you and you may not allow any other person to use your User ID under any circumstances. We are not liable for any harm caused or related to the theft or misappropriation or disclosure of all or any portion of your User ID, or your authorization of anyone else to use your User ID. You agree to immediately notify us if you become aware of or believe there is or may have been any use of (or activity using) your User ID by any third party or any other need to deactivate your User ID due to security concerns.

COMMUNITIES

The Sites may now, or in the future, contain forum services, web communities, and other message and communication facilities (“Communities”) that may provide you and other Users an opportunity to submit, upload, post, display, transmit and/or exchange information, ideas, opinions, information, files, messages, transmissions and content with other Users and/or with us, and these are referred to in these Terms as a “Post” or “Posting.”

KIN reserves the right at all times, but does not have the obligation, to edit, refuse to post, or to remove any Posting, in whole or part, that KIN deems inappropriate for inclusion in the Communities, for any reason or for no reason. Communities are public and not private and you should assume your Postings may be read by others, with or without your knowledge or permission. Although a particular Community may have a policy of limited membership or access, KIN shall have no liability if unauthorized persons nevertheless obtain access to the Community. Your use of the Communities is at your own risk and you should not disclose or make available your personal information in any Posting or in any Community.

You use the Communities solely at your own risk and KIN neither endorses nor controls User Postings available, delivered or displayed in the Communities, and KIN assumes no duty to monitor or endorse Postings within the Communities. Additionally, KIN neither represents nor guarantees the truthfulness, accuracy or reliability thereof or that any Posting complies with the terms or conditions of these Terms. You should never rely upon any Posting as being true, accurate or reliable.

You understand, acknowledge and agree that Postings originating from any User ID are the sole responsibility of the individual associated with that User ID. This means that you, and not the Sites, are entirely responsible for the consequences of all your Postings on the Communities or otherwise on the Sites. Postings do not reflect the views of KIN or any Affiliates. In no event shall KIN or any Affiliates have or be construed to have any responsibility or liability for or in connection with any Posting whatsoever; provided, however, if we determine, in our sole discretion and judgment, that any Posting does or may violate any of these Terms, we reserve the right, at any time and without limiting any and all other rights we may have under these Terms, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Communities and the Sites; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of these Terms, including, without limitation, blocking specific IP addresses or deactivating your account on the Sites and/or the Communities.

If a Posting originates from you or your User ID, you hereby agree that:

(1) you are placing the Posting in the public domain without reservation of any rights or further control over the Posting or its use, and you specifically authorize KIN and the Affiliates to use such Posting in whole or in part, throughout the universe, and you are automatically granting KIN and the Affiliates a royalty-free, perpetual, irrevocable, unrestricted, unconditional, non-exclusive license to use, reproduce, modify, publish, edit, adapt, create derivative works from, translate, distribute, perform, display and otherwise exploit such Posting and all elements thereof alone or as part of other works in any form, media, or technology, whether now known or hereafter developed or discovered, and to license and sub-license such rights through multiple tiers of sub-licenses, all without any notification or obligation to you, of compensation, attribution or otherwise;

(2) you represent and warrant that (i) the Posting is original to you or fully cleared for use as contemplated herein, (ii) the Posting does and will not, in any way, violate or breach any of the terms of these Terms, (iii) the Posting does not contain libelous, tortuous, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any law, regulation or other governmental requirement or restriction, (iv) the Posting is not obscene or in any other manner unlawful, (v) the Posting shall not be damaging or injurious to KIN, any Affiliates or any User, and (vi) KIN shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting;

(3) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to place such Posting in the public domain and grant KIN and the Affiliates the right to use such Posting as described herein; and

(4) KIN has the right to delete, re-format and/or change your Posting in any manner that we may determine (although you will not be responsible for any such changes made).

The amount of storage space on the Sites per User is limited and some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or at all or as to any other matter relating to Postings. Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.

ADVERTISING

From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties such as our advertisers, sponsors, or promotional partners (“Advertisers”) as a result of or in connection with your use of the Sites. All such communication, interaction and participation is strictly and solely between you and the Advertiser involved and KIN shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser, or any goods or services you may purchase or obtain from any Advertiser).

PROMOTIONS

From time to time, KIN’s, the Affiliates’, or the Sites’ service providers, suppliers, and Advertisers may conduct promotions on or through the Sites, including, without limitation, giveaways, contests and sweepstakes (“Promotions”). Each Promotion may have additional rules (“Rules���) that will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of these Terms; provided, however, if there is any conflict between the rules for any particular Promotion and these Terms, the Rules shall govern for that Promotion.

RULES OF CONDUCT

Your use of the Sites is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your User ID or as a result of your use of the Sites. You shall not use, allow, or enable others to use the Sites, or knowingly condone use of the Sites by others, in any manner that is, attempts to, or is likely to:

  1. be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
  2. affect us adversely or reflect negatively on us, the Sites, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Sites, or from advertising, linking or becoming a supplier to us in connection with the Sites;
  3. send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”;
  4. be used for commercial or business purposes, without the prior written consent of KIN, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;
  5. transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancel-bots, worms, Trojan horses, spyware, or other potentially harmful programs or other material or information;
  6. forge any TCP/IP packet header or part of the header information in any e-mail or newsgroup posting for any reason;
  7. violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise;
  8. gain unauthorized access to the Sites, other Users’ accounts, names, User IDs, personally identifiable information or other computers, websites or pages, connected or linked to the Sites, or use the Sites in any manner which violates or is inconsistent with the terms and conditions of these Terms;
  9. modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Sites or the rights or use and enjoyment of the Sites by any other person, firm or enterprise; or
  10. collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Sites, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.

TERMINATION OF YOUR USE

You may terminate your account and User ID, if any, at any time and for any reason, by sending an email to [email protected] with your User name, password, and email address and requesting termination of your account. We may terminate your use of and/or account on the Sites, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party. KIN also reserves the right to investigate suspected violations of these Terms. Any violation of these Terms may be referred to law enforcement authorities.

GENERAL Warranty Disclaimer

THE SITES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND ���WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER KIN NOR ANY OF THE AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITES; (B) THE MATERIALS ON OR PROVIDED THROUGH THE SITES; (C) USER CONTENT; (D) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE SITES; (E) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED ON THE SITES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO OR FROM KIN OR VIA THE SITES. IN ADDITION, KIN AND THE AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

KIN AND THE AFFILIATES DO NOT REPRESENT OR WARRANT THAT THE SITES OR THE FUNCTIONS CONTAINED ON THEM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITES OR THE SERVERS THAT MAKES THE SITES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES OR OTHER MALWARE. KIN AND THE AFFILIATES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITES IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY OR RELIABLE. YOU ACKNOWLEDGE, BY YOUR USE OF ANY SITE, THAT YOUR USE IS AT YOUR SOLE RISK. KIN AND THE AFFILIATES DO NOT WARRANT THAT YOUR USE OF ANY SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND KIN AND THE AFFILIATES SPECIFICALLY DISCLAIM SUCH WARRANTIES. BY ACCESSING OR USING A SITE, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THAT SITE.

NEITHER KIN NOR ANY OF THE AFFILIATES ENDORSES USER CONTENT, IS RESPONSIBLE FOR USER CONTENT AND KIN AND THE AFFILIATES SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH USER CONTENT) FOR ANY LOSS, DAMAGE (WHETHER DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT OBTAINED THROUGH A SITE.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL KIN OR THE AFFILIATES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SITES; (B) THE MATERIALS ON OR PROVIDED THROUGH THE SITES; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITES; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY KIN OR THE AFFILIATES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITES; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN A SITE’S TECHNICAL OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, MOBILE PHONE OR OTHER MOBILE DEVICE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF KIN OR THE AFFILIATES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITE). IN NO EVENT WILL KIN OR THE AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL KIN’S AND THE AFFILIFATES’ TOTAL LIABILITY (IN THE AGGREGATE) TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00).

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF KIN’S OR THE AFFILIATES’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THE SITES OR ANY OTHER WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY KIN OR THE AFFILIATES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE SITES OR ANY OTHER WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY KIN OR THE AFFILIATES.

BY ACCESSING A SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Indemnity

You agree to defend, indemnify and hold harmless KIN and the Affiliates, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (1) your use of and access to the Sites; (2) your violation of any term of these Terms; (3) your violation of any third party right, including without limitation any copyright, property, or privacy right; (4) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (5) information or material transmitted through your computer or other device used to access a Site, even if not submitted by you; (6) any misrepresentation made by you; or (7) KIN���s or the Affiliates’ use of your information. This defense and indemnification obligation will survive these Terms and your use of the Sites. You will cooperate as required by KIN or the Affiliates in the defense of any claim. KIN or the Affiliates reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of KIN or the Affiliates, as applicable.

LOCATION OF SITES

The information provided on the Sites is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject KIN to any registration requirement within such jurisdiction or country. KIN controls and operates the Sites from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Sites are appropriate for use or access in other locations. Anyone using or accessing a Site from other locations does so on their own initiative and is responsible for compliance with United States’ and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of any Site or any portion of a Site to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide. Recognizing the global nature of the Internet, you agree to comply with all local laws regarding online conduct and acceptable content.

GOVERNING LAWS; JURISDICT