Thank you for using Kokotime! By accessing, using, downloading, or visiting any Kokotime “Service(s)”, which includes the Kokotime website, Kokotime software and products described here, and any other products or materials provided by Kokotime, you agree to the terms (“Terms”) listed in this agreement (“Agreement”). Kokotime reserves the right to amend these Terms at any time and without notice. Any revisions to the Terms will be posted on the Kokotime website. By continuing to access or use the Services, you accept any changes or revisions to the Terms.
- Kokotime grants you a personal, non-commercial, worldwide, royalty-free, revocable, non-transferable, non-sublicensable, and non-exclusive license to use the software provided to you by Kokotime as part of the Services (“Software”). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services in the manner permitted by these Terms.
- The Software includes certain executable modules that Kokotime has licensed from third party providers (“Third Party Components”) that may be subject to different end user license terms as specified in the license agreement(s) provided with such Third Party Components.
- Except as provided in the next section, you may not, or allow anyone else to, directly or indirectly to: (1) copy, modify, distribute, sell, or lease any part of the Software; (2) reverse engineer, disassemble, decompile, or otherwise attempt to discover the source code or structure, sequence, and/or organization of all or any part of the Software, unless laws prohibit those restrictions or you have our written permission; (3) rent, lease, or use the Software for timesharing or service bureau purposes; (4) develop any improvement, modification, or derivative works of the Software, or include any portion thereof in any other product, software, work, equipment, or item (except that you may customize and/or modify the Software only as set forth in the documentation or as authorized in any license agreement of Kokotime’s third party licensors and applicable to Third Party Components); or (5) allow the transfer, transmission, export, or re-export of the Software or any portion thereof or any technical data associated with any Software.
- Kokotime grants you a personal, non-commercial, worldwide, royalty-free, revocable, non-transferable, non-sublicensable, and non-exclusive license to reproduce the Kokotime Media Server Software (PMS Software) in copies and distribute the copies to others, provided that: you may not charge a fee for the PMS Software, and you may not individually charge for installing it; you may copy, distribute and install the PMS Software only as others actually need the PMS Software, and not more than five (5) times per calendar day or more than twenty-five (25) times per calendar month; you may not offer the PMS Software to the public for downloading on or in connection with any commercial online site, whether or not a fee is charged for the PMS Software; you shall comply with all other terms and conditions set forth in this document; you agree that Kokotime may revoke or terminate the license granted to you under this paragraph at any time for any reason in its sole discretion. As an example, this section is intended to permit reasonable copying and distribution of the PMS Software in connection with services such as home theater or home media center installation in which you install the PMS Software on the computers of your customers as a convenience in connection with other services or products that you are providing to them, and/or in Arch Linux repositories and similar distributions.
- You shall maintain and shall not remove nor obscure any proprietary notices on the Software, and shall reproduce such notices exactly on all permitted copies of the Software.
- You may reverse engineer the Software solely (1) as permitted by applicable law, or (2) for the purpose of debugging modifications made by you to certain third party files in source code format that are licensed under the GNU Lesser General Public License (LGPL) or under the GNU General Public License version 2 (GPL2) and only provided that you have made, prior to any such reverse engineering permitted under this sentence, unsuccessful prior reasonable good faith efforts to debug such modifications using techniques other than the reverse engineering of the Software.
- As between the parties and except as otherwise provided in any license agreement for Third Party Components, Kokotime shall own all title, ownership rights, and intellectual property rights in and to the Software, and any copies or derivative works thereof, except that by downloading the Software, you retain any title that you may own in and to the recording media on which the Software is recorded.
- You understand that Kokotime or its licensors may modify or discontinue offering the Services at any time.
- You shall not make, or assist others in making, any use of data adapters or similar technologies used by or with the Services that are designed to receive and use data from Kokotime, its third party data providers, and their affiliates and third parties, other than to receive and use such data in accordance with these Terms and your agreement with the third party data providers, and their affiliates and third parties, including without limitation any data passing through the Services or otherwise effectively made available by any Service through an API, a download, a database, or the like.
- This Agreement does not entitle you to any support, upgrades, patches, enhancements, or ﬁxes (collectively, “Support”) for the Services. Any such Support for the Services that may be made available by Kokotime, in its sole discretion, shall become part of the Services and will be subject to these Terms.
Data provided by Kokotime or other third party data providers may be delayed or unavailable as specified by Kokotime or such third party data providers. Kokotime does not verify any data provided by Kokotime or other third party data providers and disclaims any obligation to do so. Kokotime, its third party data providers, and each of their affiliates and business partners: (1) expressly disclaim the availability, accuracy, adequacy, or completeness of any data or third party data provider, and (2) shall not be liable for any errors, omissions, or other defects in, unavailability of, delays or interruptions in such data or third party data provider.
- You may not, or allow anyone else to, use any of the Services to do the following:
- Infringe the intellectual property rights, proprietary rights, or rights of publicity or privacy of any third party;
- Violate any law, statute, ordinance, or regulation, or perform any other action that would incur civil liability or constitute a crime;
- Disseminate, transfer or store information or materials in any form or format that is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that otherwise violate any law or right of any third party; or
- Disseminate any software viruses or any other computer code, files, programs, or the like that may without limitation interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, violate the security of any computer network, or the like.
- If the occurrence of any prohibited use comes to our attention, we reserve the right to disable any accounts associated with prohibited use or otherwise terminate your access to the Services.
- You continue to retain any ownership rights you have in content you make available via the Services, or otherwise use in conjunction with the Services. However, by using the Services with particular content, for example by using the Services to share particular content or access particular content, you grant to Kokotime (and to each of the third parties with whom we work to provide you with the Services) a worldwide license to reproduce, modify, create derivative works, transmit, publish, publicly perform, publicly display, distribute, and otherwise use the particular content and metadata associated with the content, such as images of you or images otherwise associated with your account. The rights you grant us in this license are only for the limited purpose of providing you with our Services. You may not use the Services in connection with any content for which you do not have the right to grant us this license.
- The Services may include features that allow you to share your content with others. Please be careful when choosing to share content with other users; Kokotime is not responsible for how others use your content. Additionally, you hereby grant to any user with whom you share content a non-exclusive license to access the content through the Service, and to use, reproduce in copies, distribute, display and perform the shared content as permitted through the functionality of the Service and under this Agreement. You may not share any content with others via the Services if you do not have the right to grant this license to any user with whom you share the content.
- You understand that Kokotime may delete any content that you post in or contribute to a message forum or similar service that Kokotime hosts, in its sole discretion, for any reason.
Content of Others
- You acknowledge that all content that you access through use of the Software or other Services is accessed at your own risk, and you will be solely responsible for any damage or liability to any party resulting from such access.
- You understand that by using the Services you may encounter content that you may find offensive, indecent, or objectionable. Kokotime does not inspect, screen, or otherwise control the content that is posted, shared or made available via the Services, and Kokotime does not guarantee the accuracy, integrity or quality of such content.
- You acknowledge that unauthorized use of copyrighted content of others may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.
Developers and Interfacing Software
- “Interfacing Software” means any software that you obtain or provide and that accesses or calls any Software provided by Kokotime as part of the Services including, but not limited to, plug-ins for the Services, channel plug-ins, metadata agents, and client applications that communicate directly or indirectly with the Services.
- By making, or assisting others in making, Interfacing Software, you agree to the following terms:
- You grant Kokotime and its affiliates worldwide a worldwide, non-exclusive, and royalty-free right and license to use (including testing, hosting and linking to), copy, publicly perform, publicly display, reproduce in copies for distribution, and distribute the copies of any Interfacing Software made by you or with your assistance.
- You will include in the source code of the Interfacing Software a copyright notice of the form: Copyright © <year> <copyright holders>. You grant, and authorize Kokotime to grant on your behalf if necessary, a license, free of charge, to any person obtaining a copy of the Interfacing Software and associated documentation files from Kokotime, to deal in the Interfacing Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Interfacing Software, and to permit persons to whom the Interfacing Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Interfacing Software. THE INTERFACING SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE INTERFACING SOFTWARE.
- You may notify us (email@example.com) if you do not wish for Kokotime to use, distribute, copy, publicly perform, publicly display, reproduce in copies for distribution, or distribute copies of any Interfacing Software that was created by you. Kokotime will comply with such a request but Kokotime must be granted a transition period of thirty (30) days after receipt of the request to comply.
A request to take down Interfacing Software must include (1) an identification of the Interfacing Software you wish to be removed; (2) your signature in either electronic or physical form; and (3) the following statements:
- “I swear under penalty of perjury that I am the owner of the Interfacing Software or I am authorized to act on behalf of the owner of the Interfacing Software.”
- “I swear under penalty of perjury that the information in this notification is accurate.”
- You shall protect the privacy and legal rights of Kokotime users. If the users provide, or the Interfacing Software accesses or uses, user names, passwords, or other login information or personal information, you must make the users aware that such information will be available to the Interfacing Software, and you must provide privacy notices and protection for those users in compliance with applicable law. Further, the Interfacing Software may use that information only for the limited purposes for which the user has given you permission to do so. If the Interfacing Software stores personally identifying information of users or information that a reasonable user would consider to be sensitive, then the Interfacing Software must do so securely and only for as long as it is needed. However, if the user has opted or entered into a separate agreement with you that allows you or the Interfacing Software to store or use personally identifying information of users or information that a reasonable user would consider to be sensitive, then the terms of that separate agreement will govern your use of such information. If the user provides the Interfacing Software with Kokotime account information, the Interfacing Software may only use that information to access the user’s Kokotime account when, and for the limited purposes for which, the user has given you permission to do so.
- Prohibited Uses. Kokotime prohibits performing certain actions using the Interfacing Software. You shall not make, or assist others in making, any Interfacing Software that:
- Knowingly violates a third party’s terms of service;
- Violates any applicable laws or regulations;
- Interferes with, disrupts, damages, harms, or accesses in an unauthorized manner the machines, hardware. devices, servers, networks, data, or other properties or services of any other party including, but not limited to, Kokotime users, Kokotime or any network operator;
- Posts misleading information about an application’s purpose;
- Infringes on the intellectual property rights of others; or
- Performs any other prohibited action listed under “Acceptable Use” above.
- You will require your end users to comply with any applicable law and these Terms. You will not knowingly enable your end users to violate applicable law or these Terms.
- You shall indemnify and hold harmless Kokotime and its officers, directors, employees, contractors, licensors, suppliers, distributors, contractors, agents, and third party contributors from any claims, damages, liabilities, costs and fees (including reasonable attorney fees) arising from any use of the Interfacing Software or from Kokotime’s distribution of the Interfacing Software.
- Brand Features and Attribution
- “Brand Features” is defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of a party. Except where expressly stated, these terms do not grant either party any right, title, or interest in or to the other party’s Brand Features. Any use by you of Kokotime’s Brand Features (including any goodwill associated therewith) will inure to the benefit of Kokotime. Kokotime Brand Features include the Kokotime Play Logo (“>” in stylized format) and the trademarks, trade names and designs as may be identified from time to time in the Kokotime Trademark Notice that is posted at http://kokotime.tv/legal/#terms.
- You must seek prior written approval from Kokotime to display Kokotime’s Brand Features, including for the purpose of promoting or advertising that your Interfacing Software is for use in conjunction with Kokotime Services. Kokotime, in its sole discretion and in a separate writing such as an e-mail from an authorized representative of Kokotime, may grant you a revocable, non-transferable, nonexclusive license, without right of sub-license, to display Kokotime’s Brand Features for the purpose of promoting or advertising that your Interfacing Software is for use in conjunction with Kokotime Services. You understand and agree that Kokotime has the sole discretion to determine whether your attribution(s) and use of Kokotime’s Brand Features are in accordance with the above requirements and guidelines and that Kokotime may revoke the license granted herein at any time, or may require you to modify your use of Kokotime’s Brand Features, for any reason in its sole discretion.
- You will not make any statement that suggests a partnership with, sponsorship by, or endorsement by Kokotime, without Kokotime’s express prior written approval.
- In the course of promoting, marketing, or demonstrating the Services, Kokotime may produce and distribute incidental depictions, including screenshots, video, or other content from your Interfacing Software, and may use your company or product name. You grant us all necessary rights for the above purposes.
While Kokotime does distribute products that may be used by children, the Services are not intended to be used by children, without involvement, supervision, and approval of a parent or legal guardian. Therefore, if an account owner sets parental controls or establishes sub-accounts that the account owner intends to permit a child to use, the account owner should not reveal the account password to the child. Kokotime and its contributors may not provide controls that restrict the maturity level of content available via Kokotime and an adult account owner has sole responsibility for determining what maturity level is appropriate for or accessible to any children whom the account owner permits to use the Kokotime service or a sub-account.
- Kokotime SERVICES ARE PROVIDED “AS IS”. Kokotime MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND Kokotime EXPRESSLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE Kokotime SERVICES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. FURTHER, Kokotime DOES NOT WARRANT AGAINST ERRORS, OMISSIONS, RESULTS OF USE, OR THAT Kokotime SERVICES ARE BUG FREE OR ERROR FREE OR THAT USE WILL BE UNINTERRUPTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. ALL THE FOREGOING DISCLAIMERS ALSO APPLY IN FULL WITH RESPECT TO Kokotime’S LICENSORS, SUPPLIERS, DISTRIBUTORS, CONTRACTORS, AGENTS, AND THIRD PARTY CONTRIBUTORS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- You agree that Kokotime and its officers, directors, employees, and contractors are not responsible for any fault, inaccuracy, error, omission, delay or any other failure of your equipment and/or services caused by Kokotime’s hardware, software, cabling, network services, or the like, or arising from Kokotime’s use of such equipment and/or services.
- The above disclaimer of warranty applies to software developed by Kokotime and any software developed by a third party and provided by Kokotime including, but not limited to, Interfacing Software developed by any Kokotime user.
Limitation of Liability and Damages
- UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL Kokotime BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY: (I) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, OR OTHER DAMAGES RESULTING FROM YOUR USE OF THE SOFTWARE; OR (II) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL. Kokotime’S AGGREGATE LIABILITY FOR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO THE LESSER OF THE TOTAL FEES PAID BY YOU TO Kokotime (IF ANY) FOR THE PORTION OF THE SOFTWARE THAT GAVE RISE TO SUCH DAMAGES OR $100 (U.S.), EXCEPT WHERE NOT PERMITTED BY APPLICABLE LAW, IN WHICH CASE Kokotime’S LIABILITY SHALL BE LIMITED TO THE MINIMUM AMOUNT PERMITTED BY SUCH APPLICABLE LAW. ALL THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF EITHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. ALL THE FOREGOING LIMITATIONS ALSO APPLY WITH RESPECT TO Kokotime’S SUPPLIERS, LICENSORS, DISTRIBUTORS, CONTRACTORS, AGENTS, AND THIRD PARTY CONTRIBUTORS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
- The above limitations and exclusions apply to software developed by Kokotime and any software developed by a third party and provided by Kokotime including, but not limited to, Interfacing Software developed by Kokotime user.
This website and other Services may provide links to websites, software, or other materials provided by third parties. Kokotime does not endorse and is not responsible or liable for the availability, accuracy, safety, or intellectual property rights of or relating to such content. Kokotime is not liable for any harm caused by any such materials.
“Malware” means any known, discovered, envisioned, or invented, or any yet to be known, discovered, envisioned, or invented: (i) virus, Trojan horse, or any other harmful, harassing, or malicious software; or (ii) method, use, or means by which any software, firmware, equipment, device, communications medium, person, entity, or the like directly or indirectly engages in or is used for: (a) any unauthorized access; (b) any unauthorized communication; or (c) any cracks, hacks, exploits, or other activity, method, use, or means, that may cause harassment, harm, data loss, data theft, loss of communication, loss of privacy, or the like. You acknowledge that the Internet, Internet service providers, shared or dedicated telecommunication lines, wireless access points and wireless networks, other forms of communication, online resources including websites and cloud computing environments, or other means that you use to connect to the Software may not be secure and may be vulnerable to attack by third parties, and that it is possible to receive Malware by using the Internet, dedicated lines, other forms of communication, or other means. In order to protect the Software, you shall regularly obtain, use, and update appropriate third party software or other means to protect yourself from Malware and to detect and remove Malware that may be downloaded using the Internet, dedicated lines, other forms of communication, or other means. Kokotime does not warrant that the Software will be free of Malware including, but not limited to, Malware that is introduced by third parties, the Internet, dedicated lines, other forms of communication, or other means.
Waiver and Indemnity
You agree that Kokotime and its licensors, distributors, contractors, agents, and third party contributors shall have no liability whatsoever for any use you make of the Services. You shall indemnify and hold harmless Kokotime and its licensors, suppliers, distributors, contractors, agents, and third party contributors from any claims, damages, liabilities, costs and fees (including reasonable attorney fees) arising from your use of the Kokotime Services as well as from your failure to comply with any of the Terms, or any losses, damages, claims, costs, and/or attorneys’ fees arising from any use of or reliance upon any information received in connection with the Services that comprises or is based upon data provided by Kokotime or any third party.
Termination of Services
Kokotime may at any time, with or without cause and with or without prior notice, immediately terminate or suspend your Kokotime account or otherwise terminate or suspend your access to all or a portion of the Services. Cause for such termination may include: (a) violations of the Terms or any other policies or guidelines that are referenced herein; (b) a request by you to cancel or terminate your account; (c) a request and/or order from law enforcement, a judicial body, or other government agency; (d) where providing the Services to you is or may become unlawful; (e) unexpected technical or security issues or problems; or (f) your participation in fraudulent or illegal activities. Any such termination or suspension shall be made by Kokotime in its sole discretion and Kokotime will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your access to the Services.