TERMS OF USE

Effective Date: October 30, 2021


This page (together with the documents referred to on it) tells you the terms of use (“Terms of Use”) on which you may make use of our website kingofhearts.media (“Website”). Please read these Terms of Use carefully before you access and/or use our Website and/or download, install or use any items from the website for purposes of using any part of the products, services, content and/or benefits (“Offerings”) made available by kingofhearts.media (“CKT Media Ventures LLC” “King of Hearts” “KoH” or “We”) on or through our Website. By accessing and/or using our Website and/or downloading, installing and/or using the Offerings, each individual user (“You” or “Your”) accepts and agrees to these Terms of Use. Your access and/or use of our Website and/or download, install and/or use of the Offerings constitutes Your acceptance of these Terms of Use which takes effect on the date on which You access and/or use our Website and/or download, install and/or use our Offerings. If You do not agree with these Terms of Use, You should cease all access and/or use of our Website and/or download, install and/or use of our Offerings immediately. Kingofhearts.media reserves the right to make changes to its Website, rules and policies, and modify or discontinue portions of the Offerings at any time in its sole discretion. It is Your responsibility to check the Terms of Use periodically for changes. Your continued use after any changes have been posted constitutes your acceptance of those changes.


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.
If any website item or Offering’s terms and conditions are inconsistent with these Terms of Use, these Terms of Use will control.
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?
kingofhearts.media’s current privacy policy is located at https://www.kingofhearts.media/privacy-policy. Kingofhearts.media’s Copyright Infringement Policy is located at https://www.kingofhearts.media/copyright-policy.
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
– Violate any applicable laws and regulations or these Terms of Use.
– 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.
Independence from Platforms – The Website and/or Offerings are independent of any platform on which it is located. The Website and/or Offerings are not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator (“Operator”). Your download, installation, access to or use of the Website and/or Offerings is also bound by the terms and conditions of the Operator. You and We acknowledge that these Terms of Use are concluded between you and Us only, and not with an Operator, and we, not those Operators, are solely responsible for the Website and/or Offerings and the content thereof to the extent specified in these Terms of Use.


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.


Indemnification – You shall indemnify and hold harmless kingofhearts.media, its affiliates, successors and assigns and their respective employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, expenses, and reasonable attorneys’ fees, that arise from or relate to Your (i) violation of third party intellectual property or other rights, (ii) violation of applicable laws, rules or regulations as a result of Your use of the Website and/or Offerings, (iii) use of the Website and/or Offerings and/or (iv) any violation by You of these Terms of Use. Kingofhearts.media shall have the option to assume the exclusive defense and control of any action to which it is a party and You shall assist kingofhearts.media in asserting any available defenses.


Jurisdiction and Dispute Resolution – These Terms of Use shall be governed by and construed in accordance with the laws of the State of Wyoming, excluding its conflicts of law rules. Any dispute arising from or relating to the subject matter of these Fan Terms shall be finally settled by arbitration in Cheyenne, Wyoming, using the English language in accordance with the rules of the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one JAMS arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. Judgment upon the award so rendered may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, each party may seek injunctive or other equitable relief in any court of competent jurisdiction at any time.


Other Terms – These Terms of Use are the entire agreement between You and kingofhearts.media with respect to the Offerings, and supersede all prior or contemporaneous communications and proposals between You and kingofhearts.media with respect to the Offerings. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Terms of Use are personal to You, and are not assignable, transferable or sublicensable by You except with kingofhearts.media’s prior written consent. kingofhearts.media may freely assign, transfer or delegate any of its rights and obligations hereunder. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. Except as otherwise provided herein, all notices will be deemed to have been duly given, when received.

These Terms of Use were most recently updated on October 30, 2021.

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