Effective Date: October 30, 2021
1. What Are the OFFERINGS and these USER Terms?
The information contained in the Offerings consists of original information created by kingofhearts.media or publically available content in the public domain.
We are the Official and Only online digital store for all physical and digital music and merchandise for the King of Hearts™ band and brand.
It is possible that some downloads from the kingofhearts.media website could be subject to government export controls or other restrictions. If You download anything from or use the kingofhearts.media website, You represent that You are not subject to such controls or restrictions. We make no representation that anything is appropriate, permissible or available for use outside the U.S., and using the Offerings from territories in which such use or the information available from such use is illegal, restricted or not permitted, is expressly prohibited. If You choose to access or use the Offerings from or in locations outside of the U.S., You do so on your own initiative and are responsible for compliance with all applicable laws and regulations.
2. What Other Policies or Terms Apply to Your Use of the OFFERINGS?
The Offerings may include links to other third party websites, and other websites may contain links to kingofhearts.media’s Website and/or Apps. Those other third party websites are not under kingofhearts.media’s control, so You use them at Your own risk. kingofhearts.media is not responsible or liable for any aspects, functions, legalities, or accuracies of such websites, and the inclusion of any link to a third party website does not imply any endorsement by kingofhearts.media. Accordingly, kingofhearts.media is not responsible or liable for any damage or loss caused or alleged to be caused by or in connection with such third party websites.
3. Are You Eligible to Use the OFFERINGS?
kingofhearts.media does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If You are under 13, please do not attempt to register for the Offerings or send any information about Yourself to kingofhearts.media. If we believe or determine that You are under 13, we will terminate Your right to access any part of the Website and/or the Apps for the Offerings that require registration. This provision and the right to access the Offerings is void where prohibited by law.
4. Do I Have to Pay to Use the OFFERINGS?
The Offerings are provided by kingofhearts.media at no charge. Charges will apply to any content that is being sold and marked as such.
5. Prohibited Activities
In using the Website, Apps and/or Offerings, you agree not to:
– Take any action or use, submit or distribute any text, media, materials or other content (together, “Content”) on or through the Offerings on the Website and/or Offerings that breaches or infringes any third party intellectual property or other rights; is unlawful, threatening, harassing, defamatory, obscene, indecent, offensive, or pornographic; constitutes unauthorized or unsolicited advertising, crawling, phishing, spidering, or spamming; or interferes with or manipulates the Offerings or kingofhearts.media’s security, infrastructure, access restrictions, and/or any other feature of the Website and/or Offerings.
– Use, deliver or transmit any viruses, unsolicited emails, trojan horses, trap doors, back doors, easter eggs, worms, timebombs, cancelbots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information associated with the Website and/or Offerings.
– Decompile, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Website and/or Offerings.
– Modify, translate, or otherwise create derivative works of any part of the Website and/or Offerings.
– Use or otherwise transfer any of the rights that You receive for the benefit of a third party
– Copy or store any content other than for personal, noncommercial use.
6. What Other Legal Terms Apply to the OFFERINGS?
Intellectual Property – The kingofhearts.media name and logo and all related names, trademarks, service marks, design marks, slogans and domain names are the trademarks or service marks of kingofhearts.media. As between You and Us, we are the sole and exclusive owner of all intellectual property rights in and to the Website and/or the Offerings. All such rights are reserved.
Warranty Disclaimer and Limitation of Liability- YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE WEBSITE AND/OR THE OFFERINGS. THE WEBSITE AND/OR OFFERINGS ARE AVAILABLE “AS IS,” AND “AS AVAILABLE”. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE WEBSITE AND/OR OFFERINGS INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT USE OF THE WEBSITE AND/OR OFFERINGS WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE DETECTED OR CORRECTED. WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY COMPUTER VIRUSES, BUGS, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS, DELAYS, INACCURACIES, ERRORS OR OMISSIONS, OR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF THE INFORMATION DISCLOSED OR ACCESSED THROUGH THE WEBSITE AND/OR OFFERINGS. WE HAVE NO DUTY TO UPDATE OR MODIFY THE WEBSITE AND/OR OFFERINGS AND WE ARE NOT LIABLE FOR OUR FAILURE TO DO SO. IN NO EVENT, UNDER NO LEGAL OR EQUITABLE THEORY (WHETHER TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE), SHALL WE OR ANY OF OUR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR AFFILIATES, BE LIABLE HEREUNDER OR OTHERWISE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM THE WEBSITE AND/OR OFFERINGS, THE USE OF THE WEBSITE AND/OR OFFERINGS OR OUR AGREEMENT WITH YOU CONCERNING THE WEBSITE AND/OR OFFERINGS, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, LOST ANTICIPATED PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF WE ARE HELD LIABLE TO YOU IN A COURT OF COMPETENT JURISDICTION FOR ANY REASON, IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED FIFTY DOLLARS (US$150.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY LIMITATION ON REMEDIES, DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL REMAIN ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS AVAILABLE UNDER THIS AGREEMENT, AT LAW AND/OR IN EQUITY.