The following terms (“Terms”) constitute a binding legal agreement between you and ZoMa (“KoiPop.com,” “we” or “us”). These Terms govern your use of our website, KoiPop.com (“Site”), any apps we offer (“Apps”) and any of our other services (collectively, the “Services”).
We may post new versions of these Terms to the Site in the event of any future changes. We may also notify you via email or by posting a notice on the Site, and we may require you to consent to the updated Terms before you may continue using the Services. In all cases, your use of the Services is always subject to the then current version of the Terms.
If you are under 18 years of age, you may not use the Services.
We reserve the right to change or discontinue the Services at any time and in any way.
Any content you post (“Content”) belongs solely to you. You may only post Content if (a) you own the intellectual property rights or have obtained the necessary permissions and licenses to do everything you are doing with the Content, including uploading it to the Services and sharing it with others, (b) you have all necessary rights to grant us the license below, (c) you have received any necessary consents (e.g., if your Content depicts real people), and (d) the Content does not violate any applicable laws or regulations or any third party rights, including intellectual property rights and rights of publicity and privacy.
You hereby grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable, transferable right to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such Content, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose, and you irrevocably waive all claims and assertions of moral rights or attribution associated with your Content. We have no obligation to monitor Content but we reserve the right to delete or modify Content at any time, for any or no reason.
You may not (yourself or through a third-party):
- Use the Services and/or your experience using the Services to create similar or competitive services;
- Modify, alter, tamper with, reverse engineer, create derivative works of, repurpose or repackage any content or other aspects of the Services, except and only to the extent that the applicable law expressly requires us to permit you to do so;
- Use any automated process to access the Services, except for search engines compiling a free public search index;
- Circumvent any technical measures we use to restrict access to the Services;
- Use the Services for any purpose other than as expressly permitted by these Terms and any policies posted on the Site;
- Sell, lend, rent, lease, sublicense, assign or otherwise transfer any of the rights granted to you with respect to the Services to any third party;
- Copy or distribute the App;
- Remove, obscure or alter any proprietary rights notice pertaining to the Services, including notices on the App;
- Use the Services in connection with anything misleading or illegal, unsolicited or spam email, bulk mailing or chain letters, contests, sweepstakes, pyramid or Ponzi schemes, to advertise or promote a commercial product or service that is not available through KoiPop, or post anything that is unlawful, defamatory, threatening, pornographic, abusive, libelous or otherwise objectionable or that encourages criminal conduct; or
- Overload KoiPop’s systems or attempt to disrupt the Services.
If you download an App, we grant you a non-exclusive, non-transferable, non-sublicensable, limited license to download, install and use a single copy of the App on each of your mobile devices (e.g., iPhone, iPad, Android phone) (“Device”), solely for your personal use and subject to the other restrictions in these Terms. Any attempt to use the App other than as permitted by these Terms will immediately terminate this license. In addition, we reserve the right to terminate App licenses at any time.
These Terms will govern any updates that we may provide to replace or supplement the App unless such an update is accompanied by separate terms in which case those terms will govern. In order to enhance the App or the security of the App, fix bugs, comply with legal requirements or mitigate liability, from time to time, we may require you to install the latest updates to continue using the App. We are not required to reply to support requests and may stop supporting any version of the App at any time.
When you use the App, it may transmit data over the Internet to KoiPop. You will not be notified in each instance of the transmission of information from your device. A valid activation may be verified automatically from time to time.
KoiPop.com retains all right, title and interest in the Services, trademarks, service marks and logos, including all underlying software, technology, and processes and any enhancements or modifications. Except for rights expressly granted in the Terms, we do not grant you any other right, title or license.
If you send us feedback, we may use your feedback for any purpose without attribution, accounting or compensation to you.
We may email you about the Services, including but not limited to service announcements and administrative messages. You may also receive promotional messages from us. If you no longer want to receive promotional emails from us, you may follow the instructions in the emails to unsubscribe.
You will indemnify, defend and hold harmless Brightcast, its affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents and representatives (the “Covered Entities”) against all liability, claims, costs, damages, settlements and expenses (including interest, penalties, attorney fees and expert witness fees) (“Liabilities”) incurred by any Covered Entity in any way arising out of or relating to your violation of the Terms, your use of the Services or your Content. KoiPop reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
Disclaimer of Warranties
To the maximum extent permitted by applicable law, the Services are provided “AS IS” and “AS AVAILABLE”, with all faults and without warranty of any kind. The Covered Entities disclaim all warranties and representations whether express, implied or statutory, including implied warranties of fitness for a particular purpose, accuracy, and non-infringement. The Covered Entities do not promise that the Services will meet your requirements or be uninterrupted or error-free. The Covered Entities do not control, endorse, verify or accept responsibility for any third-party content, materials, products, services or offers accessible through the Services (including via links to third party websites). We make no representations or warranties about such third parties and you engage with them at your own risk.
The Covered Entities do not provide medical advice and the information on this website should not be used as a substitute for diagnosis or treatment of any health-related issue. Always seek the advice of a physician or qualified healthcare professional and carefully read the information accompanying the product label or packaging before taking any medication or supplement or starting any diet or exercise program or treatment of any other kind. The Covered Entities do not endorse any of the tests, products, opinions or other health-related information on the website, and you rely on such information solely at your own risk.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on your statutory rights, so our disclaimer may not apply to you.
Limitation of Liability
To the extent not prohibited by law, the Covered Entities shall not be liable for any incidental, special, indirect, consequential or similar damages, including lost profits, damages arising from loss of information, business interruption, regardless of the theory of liability (contract, tort or otherwise) and even if we have been advised of the possibility of such damages. To the extent permitted by law, in no event shall the Covered Entities’ total aggregate liability for all damages arising under or related to the Services exceed the amount you have paid to KoiPop for the Services in the twelve months before the date the cause of action arose. These limits apply even if a stated remedy fails of its essential purpose. Some jurisdictions do not allow limits on certain liabilities so these limitations may not apply to you.
- These Terms incorporate all policies and requirements shown on the Site.
- You cannot assign your account to any third party without our prior written consent.
- KoiPop will be entitled to recover any legal fees and other costs associated with enforcing the Terms.
- You can provide any notices to us by sending an email to [email protected]
- This Agreement is governed by the laws of the State of Indiana, excluding its choice of law principles.
- You must bring any claims under the Terms within one year unless the law requires a longer timeframe. Claims not filed within those limits are permanently barred.
- Except for the optional arbitration described next, the parties will resolve any disputes in the courts of Boone County, Indiana. Excluding claims for equitable relief, if the total amount in dispute is less than $10,000, either party may elect to resolve the claim through binding arbitration by initiating the arbitration through an established provider that is agreed upon by the parties. The arbitration must be conducted under the following rules: (a) at the choice of the party seeking relief, the arbitration shall be conducted by telephone, online or solely on written submissions, (b) no party or witness will make any personal appearance unless the parties agree otherwise, and (c) the winning party may have the arbitrator’s award entered as a judgment in any court of competent jurisdiction.
- Whether in court or in arbitration, the initiating party must bring all claims in its individual capacity and not as a plaintiff or class member in a class action or other similar proceeding.
- If any provision of the Terms is legally unenforceable, that provision shall be limited to the least extent necessary to render it enforceable (or eliminated if it cannot be made enforceable) and the validity and enforceability of the remaining provisions will not be affected. No waiver will be effective unless it is in an explicit writing and signed by the waiving party.