Terms and Conditions ("Terms")
Last updated: April 25th, 2018
Table Of Contents:
Let it be known that the terms below in this section "00. Definitions" shall also be known and defined as the following.
KrossKast, LLC: “KrossKast, LLC” shall also be known as (“KrossKast”, "KrossKast's" "us", "we", or "our").
You or Your: "You" or "Your" shall refer to such entity and it affiliates, and person or persons responsible signing up and creating their account directly or indirectly with KrossKast.
Service(s): "Service(s)" shall be know as, including but not limited to, streaming music and any and all content services delivered from our website, www.KrossKast.com and/or our KrossKast Apps, (mobile applications via the Apple or Android App Store) to your computer(s) and/or mobile device(s).
Terms: "Terms" shall also be known as the "Terms and Conditions," which will refer to the full contractual agreement, "Contract" herein by and between "you,” and “KrossKast.”
Affiliate: "Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. "Control," for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
Subscription(s): "Subscription(s)" shall be known as, including but not limited to, the Standard package, Elite package, Elite Pro package, or Enterprise packages, that will auto renew on an annual or multi-annual "Period" and can have multiple "Locations" under each.
Period(s): "Period(s)" shall be known as the minimum time-frame for each "Subscriptions". All Periods are a minimum of one, two or three years, (depending on the "Period" you choose).
Location(s): "Location(s)" shall be known as each physcial address that you will be using the "Services" at.
Billing Cycle: "Billing Cycle" shall be know the the bill that you will recieved in advance on a recurring basis ("Billing Cycle") for the use of the "Services". "Billing Cycles" are set either on a monthly, quarterly, bi-annual, or annual basis, depending on the type of agreement offered or arranged when purchasing a "Subscription." Our "Billing Cycles" will never change when adding additional locations to a "Subscription", (see Section 07. Subscriptions).
Purchase(s): "Purchase(s)" shall be known as the purchase of any of our products or service made available through the "Service".
Promotions: “Promotions” shall be known as any promotions, contests, sweepstakes or contents (collectively, “Promotions”) made available through the "Service".
This following Terms And Conditions, which have been mutually agreed upon and constitute the full contractual agreement by and between the “you,” and “KrossKast”.
01. Welcome to KrossKast!
This Terms and Conditions agreement ("Contract(s)") herein, is a legally binding contractual agreement between you and KrossKast. KrossKast provides your use of the "Services," including but not limited to, streaming music and content services delivered from our website, www.KrossKast.com and/or our KrossKast Apps, (mobile applications via the Apple or Android App Store) and to your computer(s) and/or mobile device(s).
This "Contract" providing the utilization of the "Services" is legally binding. If you have any questions regarding this Terms and Conditions agreement below, please contact legal council. You may also contact us at TheKrossGroup for further questions regarding this agreement. Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
The Terms and Conditions listed below are legally binding and will act as a contract for our "Service".
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
03. Purchases, Internet and Equipment
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You will be responsible for providing your own ISP, (Internet Service Provider) to stream “our” content, and a cable modem, router, DSL, and/or any other necessary hardware or software to use “our” Services. Recognizing the global nature of the Internet, you realize and agree that your ISP could have internet outages effecting the connection of your internet service. "We" will not be held liable for any loss of internet from you ISP, and/or any malfunctioning hardware or software, nor shall any refunds be given. Additionally, you agree to comply with all local rules and laws regarding your use of the Service.
"Our" mobile application(s) are recommended to be used locally in connection with your wifi and/or internet service at your "Location." If you choose to use "our" mobile application(s) over a cellular connection, you will be responsible for any and all standard data and messaging charges, fees, and taxes apply.
04. Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the "Service". We may experience delays in updating information on the "Service" and in our advertising on other web sites. The information found on the "Service" may contain errors or inaccuracies and may not be complete or current. Products or "Services" may be mispriced, described inaccurately, or unavailable on the "Service" and we cannot guarantee the accuracy or completeness of any information found on the "Service".
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
05. Promotions, Contests, Sweepstakes and Contents
Any promotions, contests, sweepstakes or contents (collectively, “Promotions”) made available through our "Service" may be governed by rules that are separate from these Terms & Conditions and offered by a third party client, via “promotional messages, commercials or ads” being promoted on one or more of our clients accounts, have absolutely no-connection or affiliation with KrossKast. Therefore, we have no-control or connection of the actual said promotion, sweepstakes, contests, or contents that one or more of our clients might be offering. You realized that KrossKast is solely providing the “audio form” of the said promotion from a client and you hold KrossKast, all if it’s employees, and independent contractors harmless against any infringements, loss or damages from any said promotions, contests, sweepstakes, or contents.
Any of KrossKast’s talent used to record and/or voice commercials, promotional messages, ads, branding jingles or sweeps, (collectively, “Promotions”) will not be required to endorse the clients said Promotion by using their name, likeness or brand. All of KrossKast’s talent is strictly and only for use of “voicing” the client-scripts that KrossKast receives from client Promotions.
Some parts of the "Service" are purchased on a subscription basis only ("Subscription(s)") for annual or multi-annual periods, ("Period(s)") and can have multiple locations, ("Location(s)") under each "Subscription". Each physcial address that you will be using the "Services" at, will be considered the "Locations" of use. By purchasing any of “our” "Subscription(s)," including but not limited to, Standard, Elite, Elite Pro, or Enterprise packages, you are agreeing to a minimum of a one year or multi-year "Period" with recurring "Billing Cycles," as defined herein. All "Subscriptions" are a minimum of one, two or three year "Periods," (depending on the "Period" you choose). A multi-year "Subscription" includes discounted rates.
You are allowed to sign up for multiple "Subscription(s)" on behalf of a the company(s) or other legal entity(s) that you are representing. KrossKast's "Subscriptions" vary in price depending on the square footage of your "Location(s)," therefore you may need to purchase muliptle "Subscriptions" to properly cover all your "Location(s)." Once a "Subscription" is created, an unlimited amount of additional "Locations" may be added to each initial "Subscription", depending on the square footage of each additional "Location," but the "Billing Cycle" and "Period" of each initial "Subscription" will never change reguardless of how many additional "Location(s)" are added to the intial "Subscription" or when the additional "Location(s)" are added to the initial "Subscription". When adding any additional "Locations" to a "Subscription," each additional "Location(s)" will take on the same "Billing Cycle" and "Period" as the "Subscription" it is being added to. Therefore, additional "Locations" being added to a "Subscription" will finish there "Period" when the initial "Subscription's" "Period" has expired. If you would like to add a longer "Period" to any additional "Location(s)" being added to a "Subscription," then you agree to upgrade the "Period" of the "Subscription" to equal the same "Period" of the additional "Locations" beging added, including matching the "Period" of any and all "Locations" under that specific "Subscription" as well. Signing up and purchasing a "Subscription" on "our" website, www.KrossKast.com, will only allow your use of the "Service" for one Subscription and one "Location." At any time, you can contact us to add additional "Locations" to your "Subscription" and update your "Billing Cycle" payments.
You will be billed in advance on a recurring basis ("Billing Cycle"). "Billing Cycles" are set either on a monthly, quarterly, bi-annual, or annual basis, depending on the type of agreement offered or arranged when purchasing a "Subscription." Your annual or multi-annual "Subscription" "Period" will start on the first "Billing Cycle" date. If you have over fifty "Locations," we ask to be paid directly and quarterly, in advance.
Your "Subscription" will automatically renew, including any additional "Location(s)" that may have been added to the "Subscription," for additional "Period(s)" equal to the expiring "Subscription" "Period," following the expiration of the "Subscription," for the particular "Service" "Subscription," unless decided that you do not wish to renew your "Subscription" or additional "Services" hereunder before the expiration of the initial "Subscription" "Period" or any renewal "Period," as applicable, by notifying KrossKast in writing via email through "our" online support page located within your master account login, at least 45 days before the completion of the initial "Period" or renewal "Period," as applicable, and you must receive a reply email from "KrossKast" confirming your request, not an auto reply. All "Subscription" "Period(s)", including any additional "Locations" being added to a "Subscription", cannot be changed to a shorter "Period" once purchased. Additional each "Location(s)" will take on the same "Billing Cycle" and "Period" as the "Subscription" it is being added to. Canceling your "Subscription(s)" early before the "Subscription(s)" "Period(s)" experation, will result in a $350.00 fee per "Location".
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide KrossKast with accurate and complete billing information including business name, full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize KrossKast to charge all "Subscription" fees incurred through your account to any such payment instruments. Should automatic billing fail to occur for any reason, KrossKast will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the "Billing Cycle" as indicated on the invoice. If "we" are unable to contact you, and/or don't receive a response in a timely manner the "Service" will be suspended until payment is completed, including any past dues that may be owed. If at anytime your payment is not made on the due date, KrossKast reserves all rights to suspend your service without any notice whatsoever.
08. Fee Changes
KrossKast, in its sole discretion and at any time, may modify the "Subscription" fees for the "Subscriptions". Any Subscription fee change will become effective at the end of the then-current "Billing Cycle". KrossKast, will provide you with a reasonable prior notice of any change in "Subscription(s)" fees to give you an opportunity to terminate your "Subscription" before such change becomes effective. Your continued use of the "Service" after the "Subscription" fee change comes into effect constitutes your agreement to pay the modified "Subscription" fee amount.
"Subscription" fees are non-refundable. Loss of internet and/or internet drop outs do not result in a refund of the "Service(s)". Your ISP, (Internet Service Provider) is your responsibility.
The "Service" allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness. By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the "Service". KrossKast has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this "Service" are the property of KrossKast or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from "us".
When you create an account with "us", you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the "Service". If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms And Conditions, in which case the terms "You" or "Your" shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these Terms And Conditions, you must not accept this agreement and may not use the "Service(s)".
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our "Service" or a third-party service. You agree to notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. KrossKast will not be liable for any loss or damage arising from your failure to comply with this Section.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
KrossKast will be logging and track each song you play from your master account, including the all the "Locations" under your master account. This happens in a real time that we can instantly view, and will be stored in our reports as well. We use this information to pay royalties.
We reserve the right to refuse service, suspend service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
12. Use of Service(s)
Our "Service", is for business use only. By using our "Service" for personal use, you are violating our "Terms" of this agreement. Therefore, if you use KrossKast for personal use, you take full responsibility in any way, shape or form against any lawsuits or legal action, and you hold "KrossKast" harmless against any and all lawsuits or legal action.
Additionally, our "Service(s)" are only to be used for background music purposes only. Our "Service(s)" do not include a performance license and does not cover performances by live musicians or DJs. Anyone using our "Service(s)" must not charge an entry fee into the business establishment or use our "Service(s)" to promote dancing with in their establishment. It is of the upmost importance that our "Service" is streamed into each "Location" as background music only.
Currently, "KrossKast" is for use in the United States only.
13. Copyright Policy
KrossKast legally plays music in commercial locations, via the statutory license relevant to the “business establishment services” in Section 112 of the Copyright Act, (U.S.C). Therefore, you must notify "us" immediately if you are using “our” "Service" in other "Locations" beyond the "Location(s)" you initially signed up for, and that you follow all of the "Terms" herein. Failure to not notify us of how many "Locations" “our” "Service" is playing in, will result in legal issues, and you will hold "KrossKast" harmless from any and all legalities.
Krosskast respects the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to TheKrossGroup with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims. You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims:
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
You can contact our Copyright Agent via TheKrossGroup.
14. Intellectual Property
The "Service" and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of "KrossKast" and its licensors. The "Service" is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of "KrossKast".
KrossKast grants you a limited, non-exclusive, non-transferable license to acess and use the KrossKast "Services," not sold, to you, and to be used in legally authordied jurisdictions for commercial purposes only. Your license to use our "Services" is subject to your prior acceptance of our Terms and Condtions herein. You agree that you will “not” use KrossKast "Service(s)" to distribute or make the licensed "Website" or "Mobile Application(s)" available over a network where it could be used by others on multiple devices at the same time, you may not transfer, redistribute or sublicense the Licensed "Website" or "Mobile Application(s)" and, if you sell your Apple or Android Device to a third party, you must remove the licensed "Website" or "Mobile Application(s)" from the Apple Device before doing so. Additionally, you will "not" copy to reproduce copyrighted matericals, copy, edit, store, record, alter or change in anyway shape or form the tracks and/or audio bites streamed through KrossKast "Services," give your password to any one else, modify, translate, reverse engineer, disassemble any portion(s) or piece(s) of KrossKasts "Services," rent, sub-lease, lease, attempt to derive the source code of, modify, or create derivative works of the licensed "Website" or "Mobile Application(s)", any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the licensed "Website" or "Mobile Application(s)"), or use KrossKast and/or it's "Services" in any way that would violate this Terms And Conditions Agreement.
15. Links To Other Web Sites
Our "Service" may contain links to third party web sites or services that are not owned or controlled by KrossKast. KrossKast has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that KrossKast shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the "Service" immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the "Terms". If you wish to terminate your account, you may simply discontinue using the "Service". If you are still within your "Subscription" "Period", you will continued to be billed for any additional fees until the experation of your "Subscription. All provisions of the "Terms", which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless "KrossKast" and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the "Service", by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the "Service".
18. Limitation Of Liability
In no event shall "KrossKast", nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content, any loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the "Service"; (ii) any conduct, content or materials of any third parties, (including users) on the "Service"; (iii) any content obtained from the "Service"; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
You acknowledge that "KrossKast" does not have any duty to pre-screen content, but that "KrossKast" and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the "Service". Without limiting the foregoing, "KrossKast" and its designees will have the right to remove any content that violates these Terms of Service herein or is deemed by "KrossKast" in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. Some content available via the "Services" may include explicit language or images, which may not be appropriate for all audiences, and you use the "Services" at your own risk.
Downloading or using the Service(s) is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
KrossKast its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). You are responsible for paying all Taxes associated with Your purchases hereunder. If we have the legal obligation to pay or collect Taxes for which you are responsible under this Section, we will invoice you and you will pay that amount unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, we are solely responsible for taxes assessable against us based on our income, property and employees.
21. Governing Law
These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these "Terms" will not be considered a waiver of those rights. If any provision of these "Terms" is held to be invalid or unenforceable by a court, the remaining provisions of these "Terms" will remain in effect. These "Terms" constitute the entire agreement between us regarding the "Service", and supersede and replace any prior agreements we might have had between us regarding the "Service".
We reserve the right, at "our" sole discretion, to modify or replace these "Terms" at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our "Service" after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new "Terms", you are no longer authorized to use the "Service".
23. Contact Us
If you have any questions about these "Terms", please contact us here, (TheKrossGroup).
BY ACCEPTING THIS AGREEMENT; BY EXECUTING A SIGN UP FORM; BY PURCHASING ANY SUBSCRIPITON(S) OR SERVICE(S); OR, BY USING SUCH SERVICES, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT WILL BE BOUND BY THESE TERMS AND CONDITIONS HEREIN.