Welcome to KinerkTube.com Underground Music Maps
The First Original Online Directory, Review Site, and Social Network... For The Music Industry!
"KinerkTube® Underground Music Maps" ("KinerkTube.com", "KinerkTube", "we", "our", or "us").
- Description of the Platform This provides a general description of the Platform, its features and functionality.
- Your KinerkTube account This section explains your responsibilities should you choose to register for a KinerkTube.com account.
- Your Use of the platform This section sets out your right to use the Platform, and the conditions that apply to your use of the Platform.
- Your content This section deals with ownership of your content, and includes your agreement not to upload anything that infringes on anyone else’s rights.
- Ownership; Proprietary Rights This section breaks down more about ownership and proprietary rights of the Platform (site), content, trademarks, logos, and clarity about providing us feedback.
- Grant of license This section explains how your content will be used on KinerkTube.com and the permissions that you grant by uploading your content - for example, the right for other users to listen to look and/or download your pictures etc.
- Representations and warranties This section includes important promises and guarantees that you give when uploading content to KinerkTube.com - in particular, your promise that everything you upload and share is owned by you and won’t infringe anyone else’s rights.
- Storage This section explains how we provide and mange storage space to our member's accounts.
- Liability for content This section explains that KinerkTube.com is a hosting service and that its users (members) are solely liable for material that they upload to KinerkTube.com.
- Third party websites and services Through KinerkTube.com you may have access to other websites and services. This section explains that these are separate third party services that are not under the control of KinerkTube.com.
- External Services You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External Services. If you are using external services then this section will explain examples of the harmful viruses that can cause damage to your computer systems.
- Blocking and removal of content This section makes it clear that KinerkTube.com may block or remove content from the Platform.
- Disclaimer This section explains that KinerkTube.com cannot give any guarantees that the Platform will always be available – sometimes even a platform as tubular as ours will have a few problems.
- Limitation of liability This section explains some of those things that KinerkTube.com will not be liable for. Please make sure you read and understand this section.
- Indemnification If you use the Platform in a way that results in damage to us, you will need to take responsibility for that.
- Events section This section deals with KinerkTube.com events map as well as event pages section on the platform and explains that these are not "official’ KinerkTube.com events, so we cannot be responsible for anything that happens physically or financially at the events created and published by our platforms "Users"(members).
- Competitions and other promotions This section deals with competitions, contests and sweepstakes on KinerkTube.com. These are not run by KinerkTube.com, and therefore we cannot be responsible for them. If you want to run your own competition on KinerkTube.com, make sure you read and understand our Competition Terms.
- Use of KinerkTube.com platform including any map, page, and/or widget This section includes a few restrictions on how you can use our maps, pages and widgets – basically, don’t try to use our maps or platform pages to create a new music or social directory site.
- Subscriptions, Payments, and Discount Codes This section links you to information explaining how to purchase "Featured Special Package", "Business Pro Package" and "Superfan" plans as well as the use of "KinerkTube.com discount codes and how you can cancel your purchases in certain circumstances.
- Changes to the Platform, accounts and pricing From time to time, we may need to make some changes to KinerkTube.com. This section explains your rights in this situation.
- Termination and Cancellation This section explains how you can terminate your KinerkTube.com account, and the grounds on which we can terminate your use of KinerkTube.com.
- Assignment to third parties This section deals with KinerkTube.com’s right to transfer this agreement to someone else.
- Severability This is a standard legal provision, which says that any term that is not valid will be removed from the agreement without affecting the validity of the rest of the agreement.
- Applicable law and jurisdiction All of our documents are governed by California law.
- Notice; Consent to Electronic Communications This section explains your consent to have electronic communications between you and KinerkTube satisfy any legal communications.
- Disclosures This section provides information about KinerkTube.com, including how to contact us.
User and Member Acceptance
To be clear, if you don’t completely agree with the terms of the agreement, but still use any KinerkTube.com Service or Platform, you will still be bound to the terms of the agreement.
Description of the Platform
The platform is a hosting, social, and directory service. Registered users of the Platform may submit, upload and post links, text, photos, pictures, graphics, comments, and other content, data or information ("Content"), which will be stored by KinerkTube.com at the direction of such registered users ("Members")., and may be shared and distributed by such registered users, and other users of the Platform, using the tools and features provided as part of the Platform and accessible via the Website and/or Apps and/or elsewhere. The Platform also enables registered users (members) to interact with one another and connect together in discussions, and enables any user of the Website, Apps or certain Services (who may or may not be registered users of the Platform) to view, listen to and share Content uploaded or linked and made available by registered users.
Your KinerkTube account
You are not obliged to register to use the Platform. However, access to the resources page, Instant chatting, placement on the map and other certain Services like the community lane and opportunity highway, is only available to registered users (members) and/or paid users (members). As an example, our directory map, KinerkTube.com, enables registered users (members), who create their page(s) to have real-estate on the map and other placement on the platform as well as embed or upload privileges and make available their Content to other users, to receive, communicate with their friends and manage their Content any time.
You are entirely responsible for maintaining the confidentiality and security of your username and password, and you will remain responsible for all use of your username and password, and all activity emanating from your account, whether or not such activity was authorized by you.
If your username or password is lost or stolen, or if you believe that your account has been breached by unauthorized third parties, you are advised to notify KinerkTube.com in writing, and should change your password immediately when you get a chance.
You may terminate your account at any time as described in the Termination section below.
Your use of the Platform
(i) You must not duplicate, imitate, replicate, reproduce, simulate, rip or capture, any Content from the Platform or directory map pages as part of the Platform, other than by means of download or permission settings set by users (members) in circumstances where the relevant Uploader has elected to permit downloads or duplication of the relevant item of Content.
(iii) You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the Platform offering.
(iv) You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
(v) You must not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent the popularity of Your Content on the Platform, or to misrepresent your activity on the Platform, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, add followers to your account, play Content, follow or unfollow other users, send messages, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users (members) of the Platform.
(vi) You must not alternate or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Platform or any Content appearing on the Platform (other than Your Content).
(vii) You must not, and must not permit any third party to, copy or adapt the object code of the Website or any of the Apps or Services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Platform, or circumvent or attempt to circumvent or copy any copy protection mechanism or territorial restrictions or access any rights management information pertaining to Content other than Your Content.
(viii) You must not use the Platform to upload, post, store, transmit, display, copy, distribute, promote, make available, continue to make available or otherwise communicate to the public:
- any Content that is abusive, libellous, defamatory, pornographic or obscene, that promotes or incites violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation, or is otherwise objectionable in KinerkTube.com reasonable discretion;
- any information, Content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
- any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in KinerkTube.com's reasonable opinion;
- any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which or might overburden, impair or disrupt the Platform or servers or networks forming part of, or connected to, the Platform, or which does or might restrict or inhibit any other user's use and enjoyment of the Platform; or
- any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
(ix) You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
(x) You must not rent, sell or lease access to the Platform, or any Content on the Platform
(xi) You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
(xii) You must not stalk, exploit, threaten, abuse or otherwise harass another user (member), or any KinerkTube.com employee or volunteer.
(xiii) You must not use or attempt to use another person's account, password, or other information, unless you have managed page(s) (Content) permission or written permission from that other person.
(xiv) You must not sell or transfer, or offer to sell or transfer, any KinerkTube.com account to any third party without the prior written approval of KinerkTube.com.
(xv) You must not collect or attempt to collect personal data, or any other kind of information about other users (members) including without limitation, through spidering or any form of scraping.
Any and all audio, text, photos, pictures, graphics, comments, and other content, data or information that you upload, store, transmit, submit, exchange or make available to or via the Platform (hereinafter "Your Content") is generated, owned and controlled solely by you, and not by KinerkTube.com.
KinerkTube.com does not claim any ownership rights in Your Content, and you hereby expressly acknowledge and agree that Your Content remains your sole responsibility.
Without prejudice to the conditions set forth in Your Use of the Platform you must not upload, store, distribute, send, transmit, display, perform, make available, continue to make available or otherwise communicate to the public any Content to which you do not hold the legal or acquired rights. In particular, any unauthorized use of copyright protected material within Your Content (including by way of duplication, reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Platform), independent of whether it is or becomes unauthorized at a later point, may constitute an infringement of third party rights and is strictly prohibited. Any such infringements may result in termination of your access to the Platform as described in the Repeat Infringers section below, and may also result in civil litigation or possible criminal prosecution by or on behalf of the relevant rightsholder.
We may, from time to time, invite or provide you with means to provide feedback regarding the Platform, and in such circumstances, any feedback you provide will be deemed non-confidential and KinerkTube.com shall have the right, but not the obligation, to use such feedback on an unrestricted basis.
Ownership; Proprietary Rights
OWNERSHIP OF THE PLATFORM
The Platform (Site) is owned and operated by KinerkTube. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Site (collectively, the “Materials”) provided by KinerkTube are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Site are the property of KinerkTube or our third-party licensors. Furthermore, all trademarks, service marks, and trade names contained in the Materials are proprietary to KinerkTube or our third-party licensors. Your use of the Platform does not grant to you ownership of any content, code, data or any part of the Materials you may access on or through the Site. Except as expressly authorized by KinerkTube, you may not make use of the Materials. Any commercial or promotional distribution, publishing or exploitation of the Materials is strictly prohibited unless you have received the express prior written permission from KinerkTube or the otherwise applicable rights holder. KinerkTube reserves all rights to the Materials not granted expressly in these Terms.
OWNERSHIP OF CONTENT
Ownership of Content. All content available on the Platform (Site), including, without limitation, articles, documents, brochures, presentations, pictures, images, audiovisual works, other informational materials and any user comments (collectively, the “Content”), is owned or controlled by KinerkTube or our third-party licensors, and is protected by copyright and other intellectual property laws. Subject to the foregoing, KinerkTube authorizes you to download a single copy of any part of the Content solely for your personal, non-commercial use if you retain all copyright and proprietary notices that are contained in such part of the Content. You expressly acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Platform. You shall not copy, distribute or publish any Content or any information obtained or derived therefrom except as permitted on or through Platform or as otherwise permitted by applicable law.
OWNERSHIP OF TRADEMARKS AND LOGOS
KinerkTube owns all trademarks and service marks, and any associated logos. All trademarks and service marks on the Platform (Site) not owned by us are the property of their respective owners. The trade names, trademarks and service marks owned by KinerkTube, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Platform should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade names, trademarks or service marks without the express prior written consent of the owner of such trade names, trademarks or service marks.
If you provide us with any comments, bug reports, feedback, or modifications proposed or suggested by you for the Platform (“Feedback”), we shall have the right to use such Feedback at our discretion, including, but not limited to the incorporation of such suggested changes into the Platform (Site). You hereby grant KinerkTube a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
Grant of license
Removal of Content from your account will automatically result in the deletion of the relevant files from KinerkTube.com's systems and servers. However, notwithstanding the foregoing, you hereby acknowledge and agree that once Your Content is distributed to a Linked Service, KinerkTube.com is not obligated to ensure the deletion of Your Content from any servers or systems operated by the operators of any Linked Service, or to require that any user of the Platform or any Linked Service deletes any item of Your Content.
Any Content other than Your Content is the property of the relevant Uploader, and is or may be subject to copyright, trademark rights or other intellectual property or proprietary rights. Such Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of the Platform from time to time and within the parameters set by the Uploader on the Platform or with the express written consent of the Uploader. Where you share another user’s (members) Content, or include another user’s Content in a page, playlist or station, you acquire no ownership rights whatsoever in that Content. Subject to the rights expressly granted in this section, all rights in Content are reserved to the relevant Uploader.
Representations and warranties
You hereby represent and warrant to KinerkTube.com as follows:
(ii) Your Content and the availability thereof on the Platform does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information.
(iii) You have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in Your Content in order to include their name, voice, performance or likeness in Your Content and to publish the same on the Platform and via any Linked Services.
(iv) Your Content, including any comments, reviews or messages that you may post on the Website, is not and will not be unlawful, abusive, libellous, defamatory, pornographic or obscene, and will not promote or incite violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation.
(v) Your Content does not and will not create any liability on the part of KinerkTube.com, its subsidiaries, affiliates, successors, volunteers and assigns, and their respective employees, agents, directors, officers and/or shareholders. KinerkTube.com reserves the right to remove Your Content, suspend or terminate your access to the Platform and/or pursue all legal matters if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person's rights or violates any law, rule or regulation.
Unless expressly agreed to by KinerkTube in writing elsewhere, KinerkTube has no obligation to store any of Your Content that you Make Available on the Platform. KinerkTube has no responsibility or liability for the deletion of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Platform. You agree that KinerkTube retains the right to create reasonable limits on KinerkTube's use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the Services and as otherwise determined by KinerkTube in its sole discretion.
Liability for content
You hereby acknowledge and agree that KinerkTube.com (i) stores content and other information at the direction, request and with the authorization of its users (members), (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such content, and (iii) plays no active role and gives no assistance in the presentation or use of the content. You are solely responsible for all of Your Content that you upload, post or distribute to, on or through the Platform, and to the extent permissible by law, KinerkTube.com excludes all liability with respect to all content (including Your Content) and the activities of its users (members) with respect thereto.
KinerkTube.com and its subsidiaries, affiliates, successors, assigns, employees, volunteers, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any content uploaded to the Platform by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of abusive, defamatory, pornographic, or obscene material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Platform. By using the Platform, you irrevocably waive the right to assert any claim with respect to any of the foregoing against KinerkTube.com or any of its subsidiaries, affiliates, successors, assigns, employees, volunteers, agents, directors, officers or shareholders.
If you discover any content on the Platform that you believe infringes your copyright, please report this to us using any of the methods outlined on our Copyright Information pages.
If you would prefer to send us your own written notification, please make sure that you include the following information:
- a statement that you have identified Content on KinerkTube.com that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;
- a description of the copyright work(s) that you claim have been infringed;
- a description of the Content that you claim is infringing and the KinerkTube.com URL(s) where such Content can be located;
- your full name, address and telephone number, a valid email address on which you can be contacted, and your KinerkTube.com user (member) name if you have one;
- a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- with respect to your statement that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, confirmation that such statement is made under penalty of perjury; and
- your electronic or physical signature (which may be a scanned copy).
Your notice should be sent to us by email to firstname.lastname@example.org and/or by mail to the following address:
KinerkTube.com 4355 Gloria Ct. Rohnert Park CA. 94928 Attn: Legal Team Tel: +1 707 620 3678
Third party websites and services
The Platform may provide you with access to third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, playlists, widgets, products or services, including without limitation, linked services (hereinafter "External Services").
KinerkTube.com does not have or maintain any control over External Services, and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any External Services, KinerkTube.com does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such External Services.
You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any External Services.
KinerkTube.com disclaims any and all responsibility or liability for any harm resulting from your use of External Services, and you hereby irrevocably waive any claim against KinerkTube.com with respect to the content or operation of any External Services.
Blocking and removal of content
Please also note that individual Uploaders have control over the content that they store in their account from time to time, and may remove any or all content or other content without notice. You have no right of continued access to any particular item of content and KinerkTube.com shall have no liability in the event that you are unable to access an item of content due to its deletion from the Platform, whether by KinerkTube.com or the relevant uploader.
If we receive a valid notification from a third party in accordance with our reporting processes or applicable law that any of Your Content infringes the copyright or other rights of such third party, or if we believe that your behavior violates our Community Guidelines, we will send you a written warning to this effect. Any user that receives more than two of these warnings is liable to have their access to the Platform terminated forthwith.
THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THE WEBSITE, THE BLOGS, THE MAPS AND ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE WEBSITE, THE BLOGS,THE MAPS , THE SERVICES OR OTHERWISE, ARE PROVIDED "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS".
KINERKTUVE.COM USES REASONABLE ENDEAVORS TO CORRECT ANY ERRORS OR OMISSIONS IN THE PLATFORM AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO THE ATTENTION OF KINERKTUBE.COM SITE OWNER OR LEGAL DEPARTMENT. KINERKTUBE.COM MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE WEBSITE, THE MAPS, THE SERVICES OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES. KINERKTUBE.COM DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE PLATFORM OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KINERKTUBE.COM DOES NOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED, EMBEDDED, OR SHARED TO THE PLATFORM WILL BE SECURE OR THAT ANY ELEMENTS OF THE PLATFORM DESIGNED TO PREVENT UNAUTHORIZED ACCESS, SHARING OR DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES, AND DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION.
KINERKTUBE.COM AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, VOLUNTEERS, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THIS AGREEMENT.
Limitation of Liability
IN NO EVENT SHALL KINERKTUBE.COM’S AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THE GREATER OF 100 U.S. DOLLARS (AMERICAN DOLLARS) OR THE AMOUNTS (IF ANY) PAID BY YOU TO KINERKTUBE.COM DURING THE PREVIOUS TWELVE (12) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
KINERKTUBE.COM AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, VOLUNTEERS, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR:
- ANY LOSS OR DAMAGE ARISING FROM:
(A) YOUR INABILITY TO ACCESS OR USE THE PLATFORM OR ANY PART OR PARTS THEREOF, OR TO ACCESS ANY CONTENT OR ANY EXTERNAL SERVICES VIA THE PLATFORM;
(B) ANY CHANGES THAT KINERKTUBE.COM MAY MAKE TO THE PLATFORM OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE PLATFORM OR ANY CONTENT IN OR FROM ANY OR ALL TERRITORIES;
(C) ANY ACTION TAKEN AGAINST YOU BY THIRD PARTY RIGHTSHOLDERS WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF SUCH THIRD PARTY’S RIGHTS RELATING TO YOUR CONTENT OR YOUR USE OF THE PLATFORM, OR ANY ACTION TAKEN AS PART OF AN INVESTIGATION BY KINERKTUBE.COM OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY REGARDING YOUR USE OF THE PLATFORM;
(D) ANY ERRORS OR OMISSIONS IN THE PLATFORM’S TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN ANY CONTENT OR ANY INFORMATION RELATING TO CONTENT;
(E) YOUR FAILURE TO PROVIDE KINERKTUBE.COM WITH ACCURATE OR COMPLETE INFORMATION, OR YOUR FAILURE TO KEEP YOUR USERNAME OR PASSWORD CONFIDENTIAL WITH HONEST INTENTIONS;
(F) ANY MISCONDUCT BY OTHER USERS (MEMBERS) OR THIRD PARTIES USING THE PLATFORM, ESPECIALLY IN BREACH OF THE AGREEMENT;
- ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA (INCLUDING YOUR CONTENT), OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH; AND/OR
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM MUST BE NOTIFIED TO KINERKTUBE.COM AS SOON AS POSSIBLE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND KINERKTUBE.COM AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND KINERKTUBE.COM, AND THAT KINERKTUBE.COM’s LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You hereby agree to indemnify, defend and hold harmless KinerkTube.com, its successors, assigns, affiliates, agents, directors, officers, employees, Volunteers, and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:
(iii) any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of KinerkTube.com.
Data protection, privacy and cookies
KinerkTube.com has an active community of users (members), many of whom organize and attend face-to-face meetings at venues all over the world ("Events"). While KinerkTube.com is generally supportive of Events and may provide branded promotional materials to help organizers (Page Managers) promote their Events, KinerkTube.com does not sponsor, oversee or in any way control such Events. You hereby acknowledge and agree that your attendance and participation in any Events is entirely at your own risk and KinerkTube.com does not bear any responsibility or liability for the actions of any KinerkTube.com users (members) or any third parties who organize, attend or are otherwise involved in any Events setting related to the Platform and Content.
Competitions and other promotions
From time to time, some KinerkTube.com users (members) may promote contest competitions, promotions, prize draws and other similar opportunities on the Platform ("Third Party Competitions"). KinerkTube.com is not the sponsor or promoter of these Third Party Competitions, and does not bear any responsibility or liability for the actions or inactions of any third parties who organize, administer or are otherwise involved in any promotion of these Third Party Competitions. If you wish to participate in any of these Third Party Competitions, it is your responsibility to read the terms and conditions applicable to the relevant Third Party Competition and to ensure that you understand the rules and any eligibility requirements, and are lawfully able to participate in such Third Party Competitions in your country, of residence.
If you run your own Third Party Competition on the Platform, you are free to do so provided you comply with our Competition Terms, which are available here.
Use of KinerkTube.com maps, players, apps and widgets
The Platform includes access to KinerkTube.com ("Maps", and/or "Google Maps API") and may have users (members) sharing Linked Service embedded third parties ("Players"), and/or version of the third parties ("Widgets")
KinerkTube.com reserves the right to block your use of the Maps, and/or users (members) Linked Services permitting any third parties display of any Content including but not limited to Players and the Widgets at any time and for any reason in its sole discretion.
Subscriptions, Payments, and Discount Codes
Certain features of the Platform are only available to registered users (members) who subscribe to a "Featured Special Package" or "Business Pro Package" or "Superfan" plan (together, "Subscription Accounts").
The purchase of Subscription Accounts and use of Discount Codes related to Subscription Accounts is subject to additional terms, which you will find here. In addition, the purchase of subscriptions for KinerkTube.com
KinerkTube.com Terms include, amongst other things, terms relating to payment, the conclusion, renewal and cancellation of your Subscription, including your right of cancellation during the first 14 days of your Subscription, and certain technical usage limitations.
Subscriptions & Payments
AUTOMATIC RECURRING CHARGES
If you purchase a service from us on a subscription basis, you agree that this type of Service requires a recurring payment and all payments shall be made by the payment method and payment intervals selected by you at the time you initiate the purchase, until you terminate the subscription.
You may enable the recurring charge feature when you buy a KinerkTube subscription plan, by checking the appropriate checkbox at the time of purchase. Your KinerkTube Credit balance will be recharged with the same amount and by the same payment method you initially designated when you registered or upgraded your account every time your KinerkTube account balance goes below the threshold set by KinerkTube from time to time. You can disable the recurring charge feature at any time by accessing your User (Member) Account. Any charges mentioned in specific currencies are solely considered as examples, and do not take currency fluctuations or discrepancies into account.
In the event of any errors relating to the pricing or specifications, KinerkTube shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card or other account prior to plan changes, we will issue a credit to your account in the amount of the charge. Additional Terms may apply.
Payment for Subscriptions (i.e.. recurring paid plans) are made on a recurring payment basis. This means that you agree that at the applicable recurring intervals your payment method will be charged, until you actively elect to terminate the Subscription.
STORED CREDENTIAL CONSENT
Our third party service providers will need to store your credit card details in order for us to use them for your future purchases or in other transactions with you. All such information will be stored securely, and all such payments will be remitted in a completely secure manner, in accordance with all applicable laws and industry standards.
PAYMENT THROUGH THIRD PARTY SERVICES
When you make a purchase within the KinerkTube App or the Platform Site through third parties (such as, without limitation, Pay Pal, Stripe, App Store or Google Play, or World pay for credit card payment), your purchase is also subject to the terms of such third party (including with respect to payment terms, refunds, etc.), and you should read such applicable terms before you decide to complete the purchase. You agree to abide by any relevant terms of service or other legal agreement that governs your use of a given payment processing service and/or method. You also agree to the sharing of information between us and such third party payment processor, for billing related activity.
We may offer discount codes from time to time on upgraded package plan purchases. These discount codes may have an expiration date. During anytime (Before or after a discount code expires) we do not guarantee or promise the availability and/or functionality of the discount codes. If a code is available it will reflect on the payment page.
Changes to the Platform, accounts and pricing
KinerkTube.com reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Platform or any part thereof, temporarily or permanently, and whether in its entirety or with respect to individual territories only. In the case of any temporary or permanent suspension, discontinuation, termination or cessation of access, KinerkTube.com shall use its reasonable endeavors to notify registered users of such decision in advance.
You hereby agree that KinerkTube.com and its subsidiaries, affiliates, successors, assigns, employees, volunteers, agents, directors, officers and shareholders shall not be liable to you or to any third party for any changes or modifications to the Website, Content, Map, and/or any Services that KinerkTube.com may wish to make from time to time, or for any decision to suspend, discontinue or terminate the Website, the Services or any part or parts thereof, or your possibility to use or access the same from or within any territory or territories.
KinerkTube.com may change the features of any type of account, may withdraw or, or introduce new features, products or types of account at any time and for any reason, and may change the prices charged for any of its Subscriptions from time to time. In the event of any increase in the price or material reduction in the features of any Subscription which you have purchased, such change(s) will be communicated to you and will only take effect with respect to any subsequent renewal of your subscription. In all other cases, where KinerkTube.com proposes to make changes to any type of Subscription plan you have purchased, and these changes are material and to your disadvantage, KinerkTube.com will notify you of the proposed changes by sending a message to your KinerkTube.com account and/or an email to the then current email address that we have for your account, at least six (6) weeks in advance. You will have no obligation to continue using the Platform following any such notification, but if you do not terminate your account as described in the Termination section below during such six (6) week period, your continued use of your account after the end of that six (6) week period will constitute your acceptance of the changes to your Subscription.
Termination and Cancellation
You may terminate this Agreement at any time by removing all of Your Content from your account, or by deleting your account and thereafter by ceasing to use the Platform or by sending notice in writing to KinerkTube.com at 4355 Gloria Ct. Rohnert Park CA. 94928 United States and confirming such termination. If you have a Subscription, and terminate this Agreement before the end of such Subscription, we are unable to offer any refund for any unexpired period of your Subscription.
Once your account has been terminated, any and all Content residing in your account, or pertaining to activity from your account (for example, data relating to the activity lane wall, user profile, page content, saved pictures etc.), will be irretrievably deleted by KinerkTube.com, except to the extent that we are obliged or permitted to retain such content, data or information for a certain period of time in accordance with applicable laws and regulations and/or to protect our legitimate business interests. You are advised to save or back up any material that you have uploaded to your account before terminating your account, as KinerkTube.com assumes no liability for any material that is irretrievably deleted following any termination of your account. KinerkTube.com is not able to provide you with any .csv or other similar file of data relating to activity associated with your account, whether before or after termination or cancellation. This data is provided and is accessible only for viewing via your account page on the Website for as long as your account is active.
Assignment to third parties
KinerkTube.com may assign its rights and (where permissible by law) its obligations under this Agreement, in whole or in part, to any third party at any time without notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of KinerkTube.com. You may not assign this Agreement or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of KinerkTube.com.
The Entire Agreement
Third party rights
Applicable law and jurisdiction
These terms shall be governed by the laws of the State of California without regard to conflict of law principles. Except where otherwise required by the mandatory law of the United States
(i) this Agreement is subject to the laws of the United States of America excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and excluding the principles of conflict of laws (international private law); and
(ii) you hereby agree, and KinerkTube.com agrees, to submit to the exclusive jurisdiction of the state courts and federal courts located within San Francisco, California United States for resolution of any dispute, action or proceeding arising in connection with this Agreement.
Notice; Consent to Electronic Communications
Legal notices may be served, with respect to KinerkTube and the Platform, to email@example.com and with respect to you, either (i) to any email address you have provided to KinerkTube, or (ii) through a pop-up or other similar means on the Platform. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid, or in the case of updates to the Platform, upon your next use of the Platform (Site). By using the Platform, you agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication.
The services hereunder are offered by KinerkTube.com, a company incorporated under the laws of California of the United Sates and with its main place of business at 4355 Gloria Ct. Rohnert Park, CA. 94928 United States.
CCPA & GDPR Links
Last Amended: 10/19/2020