If You have any questions regarding the use of the Service, please refer first to the homepage of our website. For all other questions or comments about the Service, please email Us at firstname.lastname@example.org.
We reserve the right to change or modify any of the terms and conditions contained in these Terms at any time and in Our sole discretion. Any such changes or modifications will be effective immediately upon posting of the revisions on Our website, and You waive any right You may have to receive specific notice of such changes or modifications. Your continued use of the Service or the Interactive Areas or the access or use of any Content following the posting of such changes or modifications constitutes Your acceptance thereof. Therefore, You should frequently review these Terms and all applicable policies or guidelines on Our website, to understand the terms and conditions applicable to Your use of the Service or the Interactive Areas or Your access and use of the Content. If You do not agree to any changes or modifications to these Terms or to any applicable policies or guidelines on Our website, Your sole recourse is to stop using the Service and the Interactive Areas, and to not access or use any Content.
3. SUBSCRIPTIONS, FREE TRIAL, BILLING, AND CANCELLATION
i. KNTV offers a range of subscription plans to the Service. Please contact email@example.com for current pricing information.
ii. Subscriptions last for a period of to be agreed upon between KNTV and the user.
iii. For teachers and schools, the subscription period begins at a time to be agreed upon between KNTV and the school or teacher. For all other subscribers, the period begins with purchase of a subscription.
b. Free Trial
i. Subscriptions may begin with a free, limited-access fourteen (14) day trial access to the KNTV Service (“Free Trial”). In order to start your Free Trial, you will be asked to provide us with the following information:
* your name
* email address
* phone number
* school/organization name, type (private/public), and zip code
* purchasing authority
* number of schools and students in district or organization
* percentage of students receiving free lunches in school/district
* referral information, and
* reason for interest.
ii. The Free Trial provides you access to one full lesson of the KNTV Service and one level of the StudenTopia game.
iii. Signing up for a Free Trial does not obligate you to purchase any subscriptions.
iv. At the end of your Free Trial, your access to the KNTV Service will expire. You can resume access at that point only by purchasing a subscription to the KNTV Service.
i. Subscriptions are NON-REFUNDABLE. However, if a subscription is canceled before the end of the subscription period, you will retain access to the KNTV Services for the duration of the subscription.
ii. Please make sure that you have read KNTV’s Installation and Technical Specifications, which are provided at http://kickinnutrition.tv/teachers-corner/game-specs and incorporated into these Terms. Those specifications provide important technical requirements for using the KNTV Service.
iii. KNTV is not responsible for system incompatibilities that prevent you from using the Service, and such a situation will not provide grounds for a refund on your subscription.
i. Subscriptions can be paid for with credit card or via purchase order.
ii. KNTV will use reasonable efforts to process all purchase orders within seven (7) business days.
4. USING THE KNTV SERVICE
a. License to the KNTV Service
i. The KNTV Service, software associated with the Service, and any content viewed through the Service are for your personal and non-commercial use only. During your subscription period, we grant you a limited, non-exclusive, non-transferable license to access the KNTV Service, use software associated with the Service, and view KNTV lessons through the Service on a streaming-only basis for that purpose.
ii. Except for the foregoing limited license, no right, title or interest shall be transferred to you.
iii. Absent express written permission from KNTV, you agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, copy, decompile, reverse engineer, create derivative works from, or offer for sale content and information contained on or obtained from the KNTV Service, including, but not limited to, the KNTV streaming lessons and StudenTopia game.
iv. You agree to use the KNTV Service, including all features, functionalities, and software associated therewith, in accordance with all applicable laws, rules and regulations.
v. Any use of the Service, Our website, or of any Materials not owned by You, other than as specifically authorized herein, without Our prior written consent, is strictly prohibited and will terminate the license granted herein and constitute a breach of the license granted herein. Such unauthorized use may also violate applicable laws, including, but not limited to, copyright and trademark laws and applicable communications, regulations and statutes. Unless otherwise expressly stated herein, nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. In the event any license (which is not expressly granted under these Terms to You) is otherwise deemed to be granted to You by operation of law or otherwise, You hereby irrevocably assign to Us forever all right, title and interest therein, without any fee. In addition, such license will be revocable by Us at any time without any penalty.
b. Submissions to the Service
i. The Service currently includes (or may include in future) Interactive Areas, including, but not limited to, galleries, forums, chat rooms, blogs, message boards, online hosting or storage services, or other areas or services in which You or third parties create, submit, post, store, upload, embed, display, communicate or otherwise distribute content, messages, materials, data, information, text, audiovisual works, musical compositions (including lyrics), sound recordings, artwork, photographs, drawings, videos, graphics, code, messages, ideas, concepts, pitches, suggestions, stories, screenplays, treatments, formats, characterizations, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material or other items or materials on or through the Service (collectively, “Submissions”). You are solely responsible for Your use of and access to the Interactive Areas and You will use the Interactive Areas at Your own risk.
ii. The User represents that the User is the original author, designer, inventor, creator or developer of all Submissions provided by the User and that to the best of the User’s knowledge, the User has not incorporated any material that would infringe, misappropriate or violate any copyright or intellectual property or privacy rights of any person or entity. By posting any Submissions, You represent and warrant that You have the lawful right to use, display, distribute, and reproduce such Submissions.
iii. KNTV is not responsible for any and all liability resulting from claims from a third party that there has been copyright or intellectual property infringement arising from User’s Submissions.
c. Rules of Conduct. By using the Service, User agrees to not distribute any Submission that:
i. (i) is unlawful, libelous, indecent, lewd, fraudulent, suggestive, defamatory, abusive, harassing, or threatening; (ii) is bigoted, hateful, or racially or otherwise offensive; (iii) is violent, vulgar, obscene, pornographic or otherwise sexually explicit, including, but not limited to, any Submission containing nudity that would be unacceptable in a public museum where minors visit; or (iv) otherwise harms or can reasonably be expected to harm any person or entity;
ii. is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
iii. infringes or violates any right of a third party including: (i) copyright, patent, trademark, trade secret or other intellectual or proprietary or contractual rights; (ii) right of privacy (specifically, you must not distribute another person's personal information of any kind without the person’s express permission) or publicity; or (iii) any confidentiality obligation;
iv. is commercial, business-related or advertises, promotes or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
v. contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Service or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Service;
vi. is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet;
vii. constitutes political campaigning; or in Our sole judgment, is objectionable, harmful or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Us or Our users to any harm or liability of any nature or type.
KNTV provides the Service solely as an Internet Service Provider, as such term is defined by various laws, including the Digital Millennium Copyright Act of 1998 (“DMCA”) and Section 230 of the Communications Decency Act (“CDA”). As such, although KNTV prohibits certain activities in these Terms, KNTV does not control and takes no responsibility or liability for any Submission or other content posted, stored or uploaded by You or any other user or third party, or for any loss or damage thereto, nor is KNTV liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity the User may encounter by use of the Service. Your use of the Service is at Your own risk. KNTV has no obligation to screen, edit or monitor any user content posted on Our website. We also do not endorse, support, represent, approve, sponsor, or guarantee the completeness, truthfulness, accuracy, or reliability of any user content or contributions.
Judgments as to the acceptability of Submissions are at Our sole and absolute discretion, and We reserve the right, but not the obligation, to remove, screen or edit the Content posted or stored on the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any Submissions You post or store on the Site at Your sole cost and expense. Any use of the Interactive Areas or other aspects of the Service in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of Your rights to use the Interactive Areas and/or the Service and Our website.
You understand and agree that, in order to help ensure smooth operation of the Service, We may keep backup copies of content you upload to the Site indefinitely. Notwithstanding the foregoing, You further acknowledge and agree that We have an irrevocable, perpetual, worldwide, royalty-free and nonexclusive license to any materials, including, but not limited to, Submissions, questions, comments, suggestions, feedback, ideas, plans, creative materials or other information or work of authorship, provided by You (“Contributions”) in the form of email or other submissions to Us (including, but not limited to, any status or other updates) or otherwise posted on Our website. By making such Contributions, You acknowledge and agree that: (a) Your Contributions do not contain confidential or proprietary information; (b) We are not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) We will be entitled to use or disclose (or choose not to use or disclose) any Contributions for any purpose, in any way, in any media worldwide; (d) We may have something similar to the Contributions already under consideration or in development; and (e) We may, but are not obligated to, review or monitor areas on the Site where users may transmit or post Contributions.
5. NO GUARANTEES
YOU ACKNOWLEDGE AND AGREE THAT KNTV, THE SERVICE, OUR WEBSITE OR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, CLIENTS, USERS, OR OTHER AFFILIATES DO NOT AND CANNOT PROMISE OR GUARANTEE ANY PARTICULAR RESULT, SUCCESS OR REWARD (INCLUDING, BUT NOT LIMITED TO, ANY NUTRITIONAL OR HEALTH IMPROVEMENT, ACHIEVEMENT OR OTHER PROGRESS). YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AS TO ITS BENEFITS TO YOU. WE DO NOT CLAIM OR SEEK TO RANK ANY OF OUR USERS AND NOTHING CONTAINED IN THIS SERVICE, ANY MATERIALS, CONTENT, SUBMISSIONS OR CONTRIBUTIONS IS INTENDED TO OR WILL BE DEEMED TO CREATE ANY ACTUAL OR POTENTIAL RELATIONSHIP BETWEEN US AND/OR ANY OF OUR USERS.
Unless otherwise indicated in Our website, the Service and all content and other materials on Our website, including, but not limited to, Our logo and all designs, text, graphics, logos, icons, images, photographs, audio and video clips, digital downloads, data compilations, software and the selection and arrangement thereof as well as all Content posted on Our website, whether by Us or our users or clients (collectively, the “Materials”) are Our property and are protected by United States and/or international copyright laws.
KICKINNUTRITION.TV, the KICKINNUTRITION.TV logo, and all other of Our products and service names, logos and slogans contained in or displayed on Our website or through the Service are Our trademarks or service marks (“Our Marks”) and may not be copied, imitated or otherwise used, in whole or in part, without Our prior written consent. You may not use any metatags or any other “hidden text” utilizing “KICKINNUTRITION.TV ” or any other of Our names, trademarks, service marks or products or service names, without the prior written consent of Us or the applicable trademark holder. In addition, the look and feel of the Service and Our website, including, but not limited to, all page headers, custom graphics, button icons and scripts, are Our service marks, trademarks and/or trade dress and may not be copied, imitated or otherwise used, in whole or in part, without Our prior written consent. All other trademarks, registered trademarks or service marks, product names and company names and logos mentioned in or displayed through or on the Service and Our website are the property of Us or their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, service mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Us. You understand that any consent required of Us under these Terms may be withheld by Us in Our sole discretion, with or without any reason.
8. COPYRIGHT COMPLAINTS
If You are a copyright owner or an agent thereof and believe that any Submissions or other content infringes upon Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
* A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
* Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
* Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
* Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail;
* A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
* A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may file a notification of such infringement with Our Designated Agent as set forth below:
c/o Gibson Dunn & Crutcher LLP
Address of Designated Agent:
1881 Page Mill Road
Palo Alto, CA 94304-1211
Email Address of Designated Agent:
We may give notice of a claim of copyright infringement to Our users by means of a general notice on the Site, electronic mail to a user’s email address in Our records, or by written communication sent by first-class mail to a user’s address in our records.
For clarity, only DMCA notices should go to our Designated Agent named above. You acknowledge that if You fail to comply with all of the requirements of this Section, Your DMCA notice may not be valid.
9. DISCLAIMER OF WARRANTIES
THE SERVICE, THE WEBSITE, AND THE INTERACTIVE AREAS, CONTENT, MATERIALS, USER CONTENT AND OTHER INFORMATION AVAILABLE (INCLUDING SUBMISSIONS) ON THE SITE ARE PROVIDED TO YOU ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY AND WHETHER ARISING OUT OF A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OR TRADE. WE EXPRESSLY DISCLAIM, WITHOUT LIMITATION, ANY WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY, MERCHANTABLE QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE. WE ALSO MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY AND WHETHER ARISING OUT OF A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OR TRADE, REGARDING THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SERVICE OR THE SITE AND WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ANY MODIFICATION, SUSPENSION, UNAVAILABILITY, OR DISCONTINUANCE OF THE SERVICE, THE SITE, OR THE MATERIALS, THE USER CONTENT AND OTHER INFORMATION (INCLUDING SUBMISSIONS) AVAILABLE ON THE SITE.
WE DO NOT REPRESENT OR WARRANT THAT INTERACTIVE AREAS, CONTENT, MATERIALS, USER CONTENT AND OTHER INFORMATION (INCLUDING SUBMISSIONS) AVAILABLE ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, FREE OF DEFECT, STABLE OR ERROR-FREE OR THAT THE SITE, ITS WEB SERVERS OR ANY EMAIL SENT BY US OR FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO INTERACTIVE AREAS, CONTENT, MATERIALS, USER CONTENT AND OTHER INFORMATION (INCLUDING ANY CONTRIBUTIONS) AVAILABLE ON THE SITE.
10. RELEASE OF LIABILITY
You agree to be bound by these rules and hold KNTV and its employees, sponsors, representatives, and affiliated entities harmless of any damages, losses, claims, and liabilities arising out use of the Service.
UNDER NO CIRCUMSTANCES SHALL WE, OUR EMPLOYEES, AGENTS, SPONSORS, OR AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE) WHATSOEVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY OR ANY OF THE FOREGOING PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF KNTV AND ITS SPONSORS, LICENSEES, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS FOR ANY CLAIM OR SERIES OF CLAIMS WILL BE LIMITED IN THE AGGREGATE TO FIFTY U.S. DOLLARS ($50.00). YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE KICKINNUTRITION.TV AND ITS SPONSORS, LICENSEES, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, AND ITS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, AND ALL OTHER RELATED PERSONS OR ENTITIES, FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, SUITS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEBSITE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR” (OR ANY EQUIVALENT STATUTORY PROVISION WITH A SIMILAR IMPORT OR INTENT). IF YOU ARE A RESIDENT OF A STATE OTHER THAN CALIFORNIA, YOU EXPLICITLY WAIVE THE TERMS AND PROTECTIONS OF ANY STATUTE OF YOUR OWN STATE THAT HAS A SIMILAR IMPORT OR INTENT.
You are responsible for maintaining the confidentiality of Your username(s), password(s), and account(s), as well as all activities that occur under Your account(s). You hereby agree to indemnify, defend, and hold KNTV, their respective licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by You of these Terms or claims arising from (a) your use of the Service, the Site, the Interactive Areas, Content or any other information (including Submissions) available on the Site; (b) Your conduct; (c) Your failure to perform Your obligations under these Terms (including, but not limited to, Your violation of these Terms); and/or (d) Your violation of the rights of any third party. You shall use your best efforts to cooperate with KNTV in the defense of any claim. KNTV reserves the right, at its own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by You.
These Terms (including any amendments thereto) represent the complete agreement between us concerning its subject matter, and supersee all prior agreements and representations between the parties. Massachusetts state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. The exclusive jurisdiction for any disputes relating to these Terms is found in the courts located in the Commonwealth of Massachusetts; KNTV’s acquiescence in the breach of a provision of these Terms or failure to act upon such breach does not waive KNTV’s right to act with respect to subsequent or similar breaches. Likewise, the delay or failure of KNTV to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Except as provided below in this paragraph, with respect to requests for injunctive relief relating to a breach of Your license rights or our intellectual property rights, any controversy, claim or dispute arising out of these Terms or Your use of the Site (including without limitation any controversy, claim or dispute arising from Your dealings with or agreement entered into with our Sponsors for products and/or services promoted in, linked or otherwise provided in or with the Site (collectively, “Claims”) shall be resolved by final and binding arbitration. Such arbitration shall take place in Boston, Massachusetts, and shall be administered by a single arbitrator pursuant to the JAMS Comprehensive Arbitration Rules and Procedures. The arbitrator shall be empowered to award any form of individual relief, including injunctive relief. In order to keep costs down for both You and Us, hearings may, at our request, be conducted telephonically or entirely upon submissions. If we think You are violating Your license to use the Site or our intellectual property or trade secret rights, we may bring an action for injunctive relief in any court of competent jurisdiction. You expressly consent to the exercise of jurisdiction and venue by the state and federal courts located in Boston, Massachusetts. In addition to the above, You waive the right to bring any Claim as a class action, consolidated, multi-district or collective action, or private attorney general action. You also agree not to participate in any class action, consolidated, multi-district or collective action, or private attorney general action regarding any Claim. If we prevail in any arbitration or proceeding to enforce these Terms or arising out of Your access to or use of the Site, we shall be entitled to recover, in addition to all other available legal and equitable relief, Our legal costs, including attorneys’ fees.
We may terminate or restrict your access to and/or use of the Service and/or the Site, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms or (ii) engaged in illegal or improper use of the Service and/or the Site.
14. EFFECTIVE DATE