KrossKast, LLC

Terms and Conditions ("Terms")

Last updated: October 25th, 2021

Table Of Contents:

00. Definitions

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,” “our,” or “seller”).

You, Your, Buyer, Client: “You,” “Your,” “Buyer,” and/or “Client,” shall refer to such entity, corporation, company, franchise, business, organization and its affiliates, and person or persons responsible for signing up and creating their account directly or indirectly with us.

Product(s): “Product(s)” shall be known as, including but not limited to, our Exclusive Original Music, our Messaging & Branding Credit Packs (to purchase customized messaging and branding from our voice overs), our proprietary device known as our KrossKast Player, (music streaming device), Male to Female RCA Splitter Cables, Female to Female RCA Splitter Cables, our proprietary Software Applications (designed for the use on web (our website), for use on mobile devices and/or for use on our KrossKast Player).

Service(s): “Service(s)” shall be known as, including but not limited to, streaming music and any and all content services delivered from our proprietary Software Applications, including our website (www.KrossKast.com) to your computer(s) and/or from our KrossKast Mobile Apps, (mobile applications downloaded via the Apple, Android App Store, and/or directly from our website) to your mobile device(s), and/or “our” device, such as the KrossKast Player; White Glove Set Up; production of our Messaging and Branding.

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, and/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 Music Subscription Plan(s) known as the “Essential,” “Elevate,” or “Enterprise” plan(s), which will automatically extend 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 “Subscription(s).” All Periods are a minimum of one, two, three or four years, depending on the “Period” and/or “Subscription” plan you choose.

Location(s): “Location(s)” shall be known as each physical address where you will be using KrossKast’s “Products” and/or “Services.”

Billing Cycle: “Billing Cycle” shall be known as the bill which you will receive in advance on a recurring basis (“Billing Cycle”) for the use of the “Services.” “Billing Cycles” are set up as either 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 10 - Subscriptions).

Purchase(s): “Purchase(s)” shall be known as the purchase of any of our product(s) or service(s) made available through the “Service.”

Promotions: “Promotions” shall be known as any promotions, contests, sweepstakes or contents (collectively, “Promotions”) made available through the “Service.”

Following, are the Terms And Conditions, which have been mutually agreed upon and constitute the full contractual agreement by and between the “Buyer” and “KrossKast, LLC.”

01. Welcome to KrossKast!

KrossKast, LLC (“KrossKast,” “KrossKast’s,” “us,” “we,” or “our”) operates and provides our  “Products” and “Services” described herein for “your” use through our proprietary software, our “Website,” (“www.KrossKast.com”), our “KrossKast Mobile Application(s)” (mobile applications downloaded via the Apple or Android App Store and/or directly from our website), to your mobile(s) and/or our device, such as the KrossKast Player, and through its use to provide “you” with the use of our “Products” and/or “Services,” including but not limited to, streaming our Exclusive Original Music, third party independent music and/or commercial music, background music and/or custom created music, and any all content services delivered from our proprietary software applications, including but not limited to, promotional messaging, advertisements, company branded messages/jingles/sweeps (purchased through our Messaging & Branding Credit Packs) and/or related “Products” and/or “Services” to your computer(s), mobile device(s) and/or our KrossKast Player (together, or individually, including any new features and applications, collectively known as the “Products” and/or “Service(s)”) are subject to the following Terms and Conditions. 

At our sole discretion, we reserve the right to modify or change any of the Terms and Conditions at any time. Additionally, you will be subject to any additional terms applicable to such “Products” and “Services” that are listed, without limitation, on the Privacy Policy page. All such terms are hereby incorporated by reference into these Terms and Conditions. Please read these Terms and Conditions (“Terms,” “Terms and Conditions”) and Privacy Policy carefully before using any of “our” “Products” and/or “Services.” 

This Terms and Conditions Agreement (“Contract(s)”) herein, is a legally binding contractual agreement between you and KrossKast, LLC. KrossKast provides your use of our “Products” and/or “Services,” including but not limited to, streaming music and content services delivered from our website (www.KrossKast.com) to your computer(s) and/or from our KrossKast Mobile Apps, (mobile applications downloaded via the Apple, Android App Store, and/or directly from our website) to your mobile device(s), and/or “our” device, such as the KrossKast Player.

This “Contract” providing the utilization of our “Products” and/or “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, KrossKast LLC, for further questions regarding this agreement. Your access to and use of the “Products” and/or “Services” 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 “Products” and “Services.” By accessing or using the “Products” and/or “Services,” “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 and/or use the “Products” and/or “Services.” 

The following Terms and Conditions below are legally binding and will act as a Contract for our “Products” and “Services.”

02. Communications

By creating an Account with 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 clicking the unsubscribe link, following the instructions provided in any email we send or by contacting us, KrossKast LLC.

03. Purchases

If you wish to purchase any “Product” and/or “Service” made available through KrossKast, you may be asked to supply certain information relevant to your Purchase(s) including, without limitation, your credit card number, the expiration date of your credit card, the three digit security code of your credit card, the billing address, and your shipping information. Additionally, your credit card information will be stored to pay for your monthly subscription fees, to purchase optional Messaging & Branding Credit Packs from our voice overs, and/or to purchase any other “Product(s)” and/or “Service(s).” 

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. By purchasing our “Product(s)” and/or “Service(s),” KrossKast may employ the use of third party services (Stripe) for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. KrossKast also accepts other forms of payment, including but not limited to company checks, certified bank checks, wire transfers, and money orders; personal checks are not accepted. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: “Product” and/or “Service” availability, errors in the description or price of the “Product(s)” and/or “Service(s),” error(s) in your order or for other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

04. Internet

You will be responsible for providing your own ISP, (Internet Service Provider) to stream KrossKast’s content, and a cable modem, router, DSL, and/or any other necessary Internet hardware or software to use “our” “Products” and “Services.” Recognizing the global nature of the Internet, you realize and agree that your ISP could have Internet outages affecting the connection of your Internet service. “We” will not be held liable for any loss of Internet from your ISP, and/or any malfunctioning Internet hardware or software, nor shall any refunds be given. If you experience a loss of Internet, provided that you are using “our” KrossKast Player(s), back up music should automatically turn on; however, the back up music is provided as a courtesy and therefore should not be depended upon, nor will it constitute any refunds for our monthly music subscription fees, as the use of our “Product(s)” and “Service(s)” require a working Internet connection. 

Additionally, you agree to comply with all local rules and laws regarding your use of our “Product(s)” and “Service(s).” “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. 

We strongly advise the use of any streaming devices to be connected to the Internet via an Ethernet cable for a more reliable Internet connection. If you are using our KrossKast Player to stream music, we highly recommend using the Ethernet port on the back of our devices with an Ethernet cable to connect our KrossKast Player(s) to your Internet connection, instead of using the wifi capabilities.

05. Devices and Equipment

You will need a device to stream our “Products(s)” and “Service(s)” per location. Each individual physical address that you will be using devices and equipment to stream our “Product(s)” and “Service(s)” within, will be considered the “Location(s)” of use. Approved streaming devices can be found on our website within the F.A.Q. section titled “Approved Equipment and Browsers” and on the “Equipment” page. Only the devices displayed within the F.A.Q. section titled “Approved Equipment and Browsers” are approved devices. Although your device may be approved, we only provide tech support to the devices that KrossKast offers for purchase, which include “our” KrossKast Player and the Google Chromebox.

KrossKast Player & SL1 & SL2 Support: Our KrossKast Player is highly recommended for streaming and reliability; it comes with levels of support, (SL1-Service Level 1 or SL2-Service Level 2, depending on the music subscription plan chosen) and it has a one year manufacturer’s warranty. Additionally, the KrossKast Player is FREE (value $150.00 per device) for each of your locations with a three (3) year Enterprise Subscription Plan, or any of our Music Plans with a four (4) year subscription commitment. We also offer a 50% discount on each additional KrossKast Player needed for different zones in each Location with a three (3) year Enterprise Subscription Plan.

KrossKast Player Backup Music: Provided that you are using “our” KrossKast Player(s), back up music should automatically turn on if you experience a loss of Internet; however, the back up music is provided as a courtesy and therefore should not be depended upon, nor will it constitute any refunds for our monthly music subscription fees, as the use of our “Product(s)” and “Service(s)” require a working Internet connection.

KrossKast Player is Proprietary: All of our KrossKast Players are “our” proprietary devices and software; therefore, downloading and/or modifying, uploading and/or altering any and all of our software on our devices is an infringement on our proprietary technology and illegal. 

KrossKast Player Warranty: All KrossKast Players come with a one year manufacturer’s warranty. Should Client’s KrossKast Player and/or equipment malfunction, provided it falls within the manufacturer’s warranty, KrossKast will send Client a new KrossKast Player, as long as the inventory matches the demand. If there is a delay in replacement equipment, KrossKast will prorate your monthly music service costs for that specific location. Any and all KrossKast Players, that KrossKast is replacing, will need to be sent back to KrossKast, so we can verify that the replacement falls within the manufacturer’s warranty. KrossKast will cover the shipping costs for the replacement KrossKast player, and it will be the Client’s responsibility to cover the shipping costs to return the defective KrossKast Player back to KrossKast. 

Devices and Equipment Prices: We offer for purchase “our” KrossKast Player ($150.00 + tax) and the Google Chromebox ($350.00 + tax); other approved equipment may be purchased from a third party retailer. KrossKast, in its sole discretion and at any time, may modify the prices of devices and equipment we offer for purchase. KrossKast will provide “you” with prior notice of any devices and/or equipment price modifications prior to your purchase. Subject to price change may occur from, but are not limited to, possible fluctuations on import tariffs, shipping rates, taxes, inflation, and/or improvements on technological hardware to mention a few.

Title To Equipment: KrossKast represents that KrossKast owns all devices and equipment that are made available for purchase on “our” website (Approved Equipment and Browsers) and that they are free and clear from all liens and encumbrances.

Delivery And Acceptance: Upon acceptance by Buyer of the devices and equipment, which acceptance shall be identified to the KrossKast by the Buyer taking possession of the devices and equipment, such acceptance shall acknowledge that the devices and equipment are in good order and condition and that Buyer is satisfied with same and that KrossKast has made no representation or warranty, expressed or implied, with respect to such item of the devices and equipment. All devices and equipment are sold in new condition; however, if devices and/or equipment are damaged in shipping, Buyer must notify KrossKast within 24 to 48 hours after acceptance of items.

Maintenance and Repair out of Warranty: All maintenance and repair costs to the devices and equipment shall be paid by Buyer, and KrossKast is hereby relieved from any responsibility to maintain or repair said devices and equipment: all said devices and equipment are being sold in new condition with a one year manufacturer’s warranty.

Insurance And Risk Of Loss: To help insure that you have a zero down time in case of theft, damage, loss and/or other uncontrollable circumstances, KrossKast recommends insuring the KrossKast Players and/or device(s) used to stream our music services.

Damage To Equipment; A. Destroyed Or Stolen Equipment & B. Music Subscription

A. Destroyed Or Stolen Equipment: Whether or not the KrossKast Player is under warranty, KrossKast will not be held liable or expected to replace any KrossKast Player and/or equipment that Client was given and/or purchased from KrossKast due to the following conditions, including but not limited to any or all of these conditions of loss, theft, destruction, liquid damage, and/or other damage due to misuse and/or abuse or destruction of any kind to any KrossKast Player(s) and/or equipment (as the manufacturer’s warranty does not cover any of those conditions). Client is solely responsible for the well-being, care, and liability of any and all KrossKast Player(s) and equipment that Client will be using within Client’s location(s). 

B. Music Subscription: It’s Client’s responsibility to purchase new replacement KrossKast Player(s) and/or equipment, while continuing to make your timely month payments for your subscription(s) with us. We will not prorate any monthly costs if your KrossKast Player(s) and/or equipment is unable to access our music streaming services because of, including but not limited to, any or all of these conditions of loss, theft, destruction, liquid damage, and/or other damage due to misuse and/or abuse or destruction of any kind to any KrossKast Player(s) and/or equipment (as the manufacturer’s warranty does not cover any of these conditions). It is “your” responsibility to purchase a temporary or new replacement device(s) and/or equipment, while continuing to make your timely monthly payments for your subscription(s) with us. Regardless, if the Client paid for the KrossKast Player(s) outright or if the KrossKast Player(s) was provided for free, KrossKast may ask for the damaged devices to be returned at no cost to the Client and will furnish Client with a shipping label to have the damaged KrossKast Player shipped back to KrossKast.

KrossKast Authorized Dealers: Should “your” Client’s device(s) and/or equipment malfunction(s), regardless of whether or not it is covered by a manufacturer’s warranty, regardless of whether it has been sent out for service or not, End User and Dealers are still responsible for timely payments on all subscription(s) whether are not End Users and/or Dealers are able to access “our” streaming services.

Taxes And Licenses: All taxes, license fees and other expenses associated with the devices and equipment shall be paid by Buyer.

Indemnification Of KrossKast: Buyer shall indemnify, protect and hold harmless KrossKast, its agents, servants, successors and assigns from and against all losses, damages, injuries, claims, demands and expenses, including legal expenses, of whatever nature, arising out of the use, condition or operation of any item of the devices and equipment, regardless of where, how and by whom operated. Buyer shall assume the settling of, and the defense of any suits or other legal proceedings brought to enforce all such losses, damages, injuries, claims, demands and expenses and shall pay all judgments entered in the suit for other legal proceedings. The indemnification and assumptions of liability and obligation herein provided shall continue in full force and effect notwithstanding the termination of this agreement, whether by expiration of time, by operation of law or otherwise.

The “Devices and Equipment” Terms mentioned herein are legally binding, as well as agreeing to the Terms And Conditions and Privacy Policy.

06. Software Updates, Errors and Inaccuracies

All operating system updates can effect the performance of our KrossKast applications. As our latest device applications/software becomes available, it is the Client’s responsibility to check our applications/software compatibility before updating your device’s operating system(s). Our applications/software compatibility and updates can be found on our website within the F.A.Q. section titled “Approved Equipment And Browsers;” then, select your approved device(s) displayed, check the “Recommended OS” and follow the “Device Directions” for proper use. You must check the “Recommended OS” to confirm that we have updated our KrossKast applications/software for compatibility before you update the operating system(s) for any device(s) that you are using. If you choose to upgrade the operating system of your approved device before confirming our applications/software compatibility, and/or if you do not follow our “Device Directions” for proper use, then it may be possible that you could experience errors, inaccuracies and/or lack of performance. 

Any device being misused by not following our Device Directions for all software updates, which can also be found in the F.A.Q. section under “Approved Equipment And Browsers,” will result in unapproved use and misuse of our “Product(s)” and “Service(s),” which may result in errors, inaccuracies and/or lack of performance.

We are constantly updating product and service offerings on our “Product(s)” and “Service(s).” We may experience delays in updating information on our “Product(s)” and “Service(s)” and in our advertising on other websites. The information found on our “Product(s)” and “Service(s)” may contain errors or inaccuracies and may not be complete or current. Therefore, our “Product(s)” and/or “Service(s)” may be mispriced, described inaccurately, or unavailable and we cannot guarantee the accuracy or completeness of any information found on about our “Product(s)” and/or “Service(s).” We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

07. Promotions, Ads, Contests, Sweepstakes and Contents

Any promotions, ads, contests, sweepstakes or contents (collectively, “Promotions”) made available through KrossKast, 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 Client’s accounts, have absolutely no-connection or affiliation with KrossKast. Therefore, we have no-control or connection of the actual said promotions, ads, 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 its employees, and independent contractors harmless against any infringements, loss or damages from any said promotions, ads, contests, sweepstakes, or contents.

08. Talent

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. Additionally, any of KrossKast’s talent are not to be contacted directly for business after their services are rendered. Any and all additional talent needs should go through KrossKast each time.

09. Messaging & Branding

KrossKast’s Messaging & Branding Credit Packs may be purchased to create customized messaging and branding, thus used for advertising, promoting products and services and/or to resell commercial airtime within your location(s) to your vendors. Our professional voice-over talents are available for you, after you purchase our Elevate or Enterprise “Subscription” plans. When you purchase a Credit Pack, each Credit may be used to create one Messaging or  Branding audio element, voiced by a voice-over KrossKast talent. Each Messaging & Branding element created, includes the “voice-over,” “audio imaging,” and our exclusive original  “background music” produced for a quality professional sound.

Messaging & Branding Credit Packs Pricing: All Messaging and Branding is purchased through your Master Account. When you log in, select “Talent Request” to preview demos of our voice over talent and purchase Messaging & Branding Credit Packs. Credit Packs may be purchased in intervals of three, starting at three (3) Credits for $300.00, six (6) Credits for $570.00 (5% savings), nine (9) Credits for $792.00 (12% savings), twelve (12) Credits for $912.00 (24% savings; each Credit equals one (1) message or branding audio element. The more Credits purchased at one time, the less you spend and the more money you save. All Messaging & Branding Credit Packs are non-refundable and must be used within a one-year period from the date of purchase. In the event that one of our team members is unable to make this performance, we will provide you with another team member that is equally qualified.

KrossKast Blanket License: All Messages or Branding elements purchased and created on our website via the Credit Packs, provide your company a “KrossKast Blanket License,” not copyright ownership, that allows your company to use them as much as you want and forever, provided that you are using them solely within our KrossKast music service. Any Messages or Branding elements created within our establishment from or by our KrossKast talents, are non-transferable to any medium other than KrossKast, and cannot be used anywhere else except our KrossKast music service.

Purchase Messages Outright: Prices to own 100% of the copyright for any of our Messages or Branding elements will not be found on this website. If you’re interested in 100% copyright ownership of any Messages or Branding elements, please contact us for more information.

Playing Your Own Messages: If you have your own Messages or Branding elements that you would like aired within your establishment via our KrossKast music service, we are happy to play them for you provided the following. Any promotional messaging, commercials, branding sweepers/jingles, or any audio elements whatsoever, that you submit to us, you are guaranteeing that you hold 100% ownership of the copyright(s) for any and all audio elements submitted and you fully indemnify KrossKast and hold KrossKast harmless against any and all legal issues, if such issues are to arise from using your audio elements.

Messaging Deletion & Credit Expiration: If after a contractual term is over and you are choosing to delay the signing of another contractual term with us, it is extremely important that you contact us before the contractual term ends to hold the Messages and/or Branding elements that we created for your company. Otherwise, any Messages or Branding elements we created will be deleted if a contract is up and not renewed. All purchased credits will expire immediately, if your KrossKast subscription is terminated for any reason. 

Selling Messaging as Advertising in Your Locations: Although we go to great lengths to strive for excellence, we are constantly updating our software applications; therefore, from time to time, you may experience errors and inaccuracies. If for any reason whatsoever, our messaging capabilities, (including but not limited to, messaging, branding, ads, promotions, etc.) are dysfunctional, not playing, broken and/or the date and/or time stamp that shows when each message, branding, ad, promotion, etc., played, is not archived, saved and/or is missing from our tracking history and/or database which shows the proof of airtime within your location(s), KrossKast, LLC will not be held responsible and/or liable in anyway whatsoever, including but not limited to, any loss of monetary compensation(s)  or any other loss whatsoever that you may have incurred. Please be aware, that currently, we are not charging you any additional fees by allowing you to use our service to make money to sell custom advertisements (messaging, branding, ads, promotions, etc.). Selling advertising (messaging, branding, ads, promotions, etc.) within your location(s), via our software and Service(s), is considered a courtesy.

10. Subscriptions

The “Subscriptions” Terms and Conditions mentioned herein are legally binding, as well as agreeing to the “Terms And Conditions” and “Privacy Policy.”

Signing up and purchasing a “Subscription” on “our” website, www.KrossKast.com, will allow your use of our “Product(s)” and “Service(s)” for one “Subscription” in one “Location.” At any time, you can Contact Us to add additional “Locations” (also known as “Seats”) to your “Subscription” and update your “Billing Cycle” payments. 

Music Plan Subscription(s): KrossKast’s “Product(s)” and “Service(s)” are purchased on a “Subscription(s)” basis only for annual or multi-annual “Period(s).” KrossKast allows you to subscribe to multiple quantities of a Music Plan, should you have multiple business locations. These multiple business locations will be known as “Seats.” Each physical address (business location) where you will be using our “Product(s)” and/or “Service(s),” will be considered a “Location” of use and will incur an additional “Seat” within that “Subscription.” For example: 10 Locations, (aka Seats) incur a cost of 10 times the Subscription price, thus, equaling 10 Music Plan “Subscriptions.”

Free Trial Period: Within the first 7 days of your activation date, is your free trial period and you can cancel your “Subscription” with no other penalties.

Music Plans and Billing Cycles: By purchasing any of “our” Music Plan “Subscription(s),” including but not limited to Essential, Elevate, or Enterprise plan, 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 “Subscription” “Periods,” (depending on the “Period” you choose). KrossKast also offers two Special Provisions: a Four (4) Year Music Plan and Flex Plan Subscription(s).

Annual Music Subscription Plan(s): KrossKast LLC’s “Annual Music Subscription Plan” is a one (1) year contractual period for our music subscription services to our music product lines, known as “Original Exclusive Music” and/or “Commercial Music.” During this one (1) year period, the price of your music subscription fees will be locked in at the rate mentioned on page one (1) under “Music Subscriptions” and must be prepaid in full once a year via Company Check, Certified Bank Check, Wire Transfer, or Zelle. The cost of the “Annual Music Subscription Plan(s)” herein, must be paid in full after signing this Contract Proposal, within 30 days of receipt of the invoice for the final amount due. KrossKast LLC will activate Client’s “Annual Music Subscription Plan(s)” when the Client signs up for service and receives the KrossKast Players (our streaming devices). This will also become the start date of your annual period for music services. To renew your “Annual Music Subscription Plan(s)” for another year, KrossKast must receive payment, via Company Check, Certified Bank Check, Wire Transfer, or Zelle at least 30 days prior to the end of your period; otherwise, your music subscription plan(s) will default to the month-to-month pricing at that time via your company credit card on file, (processing fees may apply). If you are interested in locking the rate of your music subscription costs for a multi-year period, please ask your KrossKast representative about our extended music subscription. Upon signing up for KrossKast on our website, in addition to your annual payment, you are required to keep an active company credit card on file with us to keep your subscription active. This credit card will not be charged, unless you purchase additional products and/or services and/or have any unpaid fees (processing fees may apply).

Special Provisions-Four (4) Year Music Subscription(s): With a four year Music Plan “Subscription” agreement, Client can choose ANY of the three music plans, Essential, Elevate, or Enterprise, and receive a FREE KrossKast Player(s) (our streaming devices) for each of the Client’s locations, except for the cost of shipping which Client will be responsible for paying. Under our terms for free KrossKast Players, the first six (6) to twelve (12) months of each music subscription for each location, is required to be paid upfront to KrossKast, LLC by Client, prior to shipment of KrossKast Players. KrossKast LLC will start the billing cycle for the monthly music subscription(s) when the Client signs up for service and receives the KrossKast Players (our streaming devices). KrossKast will begin charging music subscription fees on the seventh (7th) to thirteenth (13th) month, (because Client has already up-fronted the first six months of their music subscription fees), and will continue charging the Client for the remainder of the Client’s 4 year commitment thereafter. The 6-12 month prepayment will not effect the Client’s overall four (4) year cost, as we will not start the billing cycle until after the Client’s prepaid months have ended. Therefore, the Client’s costs for the four (4) year Music Plan will remain the same; the prepayment will not change the Client’s costs. 

Special Provisions-Flex Plans: In certain circumstances, and where a company has already purchased a minimum of thirty, 4-year Music Plan Subscription(s), a Flex Music Plan may be offered under our Special Provisions, and the terms following the Flex Music Plan arrangement and commitment will be outlined on the Client’s Contract Proposal Addendum.

More Than One Music Plan “Subscription”: You may choose to have a different Music Plan “Subscription” at different business “Locations,” because your needs may vary. Therefore, “You” are allowed to sign up for multiple “Subscription(s)” on behalf of the Company(s) or other legal entity(s) that you are representing.

Billing Cycles: 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 (50) “Locations,” we ask to be paid directly and quarterly, in advance.

Payment Method: 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. 

Signature of Agreement: Your purchase of any of “our” “Subscriptions” will act as your signature of agreement on our “Terms and Conditions” and “our” “Privacy Policy,” and  completes the agreement herein. 

Starting Your Subscription(s) with Your Own Equipment: Following the purchase of your Subscription(s), the start date for your “Period,” activates your “Billing Cycle,” and you can begin to use the “Products” and “Services” as per your Music Plan “Subscription(s),” the “Terms and Conditions,” and “Privacy Policy” agreement. 

Starting Your Subscription(s) with Equipment Provided by KrossKast: However, if we will be providing you with equipment (either purchased outright or for free), we will delay your initial start date based on your equipment payment and/or Music Plan prepayment terms, until you have received the equipment, at which time you can being to use the “Products” and “Services” as per your Music Plan “Subscription(s),” the “Terms and Conditions,” and “Privacy Policy” agreement. 

Adding On Locations (Seats) Within the “Period”: Once a “Subscription” is created, an unlimited amount of additional “Locations” may be added to the same initial Music Plan “Subscription.” Adding a “Location(s)” to an active “Subscription” will not change the initial “Period,” “Billing Cycle,” or Music Plan for that Subscription. The additional Seat(s) will join the “Period” of that Subscription, which will shorten the contractual “Period” for that additional “Location” (Seat). Each additional “Location(s)” will take on the same “Period,” “Billing Cycle,” and Music Plan as the same Music Plan “Subscription” it is being added to, with its additional cost added to the “Subscription” it is joining.

Upgrade a Subscription without Penalty: Upgrading an existing “Subscription” will renew the “Period” and may renew the “Billing Cycle,” without penalty.

Amending a Subscription with a Longer “Period”: If you would like to add a longer “Period(s)” to any preexisting Subscription(s) and/or add new additional “Location(s)” with a longer “Period” to an existing “Subscription,” then you must agree to upgrade all the Locations/Seats within that “Subscription,” and amend the “Period” of the entire “Subscription.” 

Extension of a “Subscription” (“extension Period(s)”): Your “Subscription” will automatically extend, including any additional “Location(s)” (Seats) that you may have added during the “Period” to the “Subscription;” additional Seats added on during the “Period” will join the “Subscription” and its current “Period,” including its Extension. Active Subscriptions will automatically extend for the same duration of time, known as your Subscription “Period,” and for the same price, unless there is a “Subscription” fee change, to which you will be notified at least 30 day before the completion of the Client’s initial “Period” or extension “Period,” as applicable, (section 13 Fee Change).

Expiration of a Subscription: If “You” do not wish to extend your “Subscription,” “You,” and/or an authorized representative of Client must notify KrossKast in writing via email through “our” online support page located within your Master Account login, at least 30 days before the completion of the initial “Period” or extension “Period,” as applicable, and you must receive a reply email from “KrossKast” confirming your request, not an auto reply. Additionally, KrossKast also reserves the right to allow a Client’s “Subscription(s)” to expire, therefore becoming terminated, by notifying Client at least 30 days before the completion of the Client’s initial “Period” or extension “Period,” as applicable.

Canceling Your “Subscription”: Canceling your “Subscription(s)” early before the “Subscription(s)” “Period(s)” expiration, will result in a $350.00 fee per “Location.”

Damage To Equipment; A. Destroyed Or Stolen Equipment & B. Music Subscription

A. Destroyed Or Stolen Equipment: Whether or not the KrossKast Player is under warranty, KrossKast will not be held liable or expected to replace any KrossKast Player and/or equipment that Client was given and/or purchased from KrossKast due to the following conditions, including but not limited to, any or all of these conditions of loss, theft, destruction, liquid damage, and/or other damage due to misuse and/or abuse or destruction of any kind to any KrossKast Player(s) and/or equipment (as the manufacturer’s warranty does not cover any of those conditions). Client is solely responsible for the well-being, care, and liability of any and all KrossKast Player(s) and equipment that Client will be using within Client’s location(s). 

B. Music Subscription: It’s the Client’s responsibility to purchase new replacement KrossKast Player(s) and/or equipment, while continuing to make your timely monthly payments for your subscription(s) with us. We will not prorate any monthly costs if your KrossKast Player(s) and/or equipment is unable to access our music streaming services because of, including but not limited to, any or all of these conditions of loss, theft, destruction, liquid damage, and/or other damage due to misuse and/or abuse or destruction of any kind to any KrossKast Player(s) and/or equipment (as the manufacturer’s warranty does not cover any of these conditions). It is “your” responsibility to use an existing, appropriate temporary device or purchase a new replacement device(s) and/or equipment, while continuing to make your timely monthly payments for your subscription(s) with us. Regardless, if the Client paid for the KrossKast Player(s) outright or if the KrossKast Player(s) was provided for free, KrossKast may ask for the damaged devices to be returned at no cost to the Client and will furnish Client with a shipping label to have the damaged KrossKast Player shipped back to KrossKast.

Suspension & Reactivation: 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, your “Products and “Services” 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 to your Master Account, including all your “Locations,” without any notice whatsoever, and charge a reactivation fee of $10.00 per “Location.”

Termination of a “ Subscription”: KrossKast reserves the right to end a “Subscription” immediately and without notice due to any misuse of “our” “Service,” and/or for any breach of these “Terms and Conditions” and/or “Privacy Policy.” KrossKast reserves the right to not extend “Subscription” “Period(s)” without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, (section 21. Termination”) without any refunds.

White Glove Set Up: Connecting each of your KrossKast Players to each of Client’s location(s) within Client’s Master Account log-on is very simple to do on your own. A user and password will be provided on Client’s Location’s Page within Client’s Master Account after Client signs up for subscription plan(s). For an additional nominal fee, KrossKast will connect all KrossKast Players to Client’s Master Account; therefore, after Client turns on and connects each KrossKast Player to the Internet, it will automatically be connected to Client’s Master Account right away with no effort on Client’s part. 

11. 7 Day Trial Period

Prior to signing up for an annual or multi-annual Music Plan “Subscription(s),” KrossKast allows you to try our music service free for 7 days, starting from the day that you create your account with “us.” During the 7 day trial period, all of “our” “Subscription(s)” plans “Essential, Elevate, or Enterprise,” only allow access to “our” Exclusive Original Music and our Exclusive Music Channels, regardless of the “Subscription(s)” plan you select to try.

12. Zones

KrossKast allows you to add multiple Zones within your “Location(s).” Zones are different areas within the same “Location,” where you would like to simultaneously stream different genres of music. After signing up and enrolling in a Music Plan “Subscription” for one “Location,” we’ll provide a 30% discounted price for each additional Zone within any of your “Location(s),” provided your additional “Locations are subscribed to a KrossKast Music Plan.” The 30% discounted price for each additional Zone, is based off of the Music Plan “Subscription, “Essential, Elevate, or Enterprise.”

13. Fee Changes

KrossKast, in its sole discretion and at any time, may modify the Music Plan “Subscription” fees that we offer on our website(s). However, if you are in a contractual agreement, KrossKast will honor the monthly subscription fee that you initially signed up for, for the duration of your contractual “Period” and/or extension “Period(s).”

Active Subscriptions will automatically extend for the same duration of time, known as your Subscription “Period,” and for the same price, unless there is a “Subscription” fee change. Any Subscription fee change will become effective at the beginning of the Client’s extension “Period.” KrossKast will notify Client with reasonable prior notice of any fee changes at least 30 days before the completion of either the Client’s initial “Period” or extension “Period,” as applicable.

After KrossKast provides notice of fee changes to Client, Client will either accept the fee changes by allowing the Subscription to automatically extend, (with or without reply from Client) or Client will notify in writing to KrossKast to terminate the Client’s “Subscription” at the end of their Subscription “Period,” before such changes come into effect. Your continued use of KrossKast’s “Product(s)” and/or “Service(s)” after the “Subscription” fee change(s) come(s) into effect, constitutes your agreement to pay the new and/or modified “Subscription” fee amount.

14. Refunds

Music Plan Subscription(s): “Subscription” fees are non-refundable. Loss of Internet, Internet drop outs, and/or any Internet issues that effects the music service does not result in a refund of our “Product(s)” and/or “Service(s).” Your ISP (Internet Service Provider) is your responsibility.

Messaging Credits: All messaging & branding credit packs are non-refundable and must be used within a one-year period from the date of purchase. All purchased credits expire immediately if your Krosskast subscription is terminated for any reason. In the event that one of our team members is unable to make this performance, we will provide you with another team member that is equally qualified.

15. Content

KrossKast’s “Product(s)” and “Service(s)” allow 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 our “Product(s)” and “Service(s),”  including its legality, reliability, and appropriateness. By posting Content on or through the “Product(s)” and “Service(s),” 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 Conditions, and (ii) that the posting of your Content on or through the “Product(s)” and “Service(s)” 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 KrossKast’s “Product(s)” and “Service(s)” 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 “Product(s)” and “Service(s).” However, by posting Content using our “Product(s)” and “Service(s),” you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through our “Product(s)” and “Service(s).” KrossKast has the right but not the obligation to monitor and edit all Content provided by users.

In addition, KrossKast’s Content found on or through our “Product(s)” and “Service(s)” is the sole property of KrossKast and my only be used through a “Subscription(s)” in good standing. You may not distribute, modify, transmit, download, repost, or copy said KrossKast’s Content, whether in whole or in part, outside of KrossKast’s Terms and Conditions herein, for commercial purposes or for personal gain, without express advance written permission from “us.”

16. Accounts

When you create an account with “KrossKast,” you guarantee that you are above the age of 18, that you have a legal business, and that the information you provide to “us” is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your KrossKast account(s) with our “Product(s)” and “Service(s).” 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,” “Your,” “Client,” and/or “Buyer” 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 our “Product(s)” and “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 “Product(s)” and “Service(s)” 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 and each message that you play from your Master Account, including all of the “Locations” under your Master Account. Audio tracking happens in real time, so that we can instantly view, track, and create a time-stamped history, which will be stored and archived in our database, and reports. We use this information to help protect you by showing proof of songs and messages played within your business “Locations” and/or to pay music royalties.

We reserve the right to refuse service, suspend service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

17. Use of Our Product(s) and/or Service(s)

KrossKast offers two music service product lines, “Exclusive Music” (aka “KrossKast Exclusive Original Music,” “KrossKast Original Exclusive Music,” “KK Exclusive”) and “Commercial Music.” Each product line offers a series of their own music channels and music within each channel. If applicable, “you” can subscribe to one or both of “our” music service product lines. KrossKast’s “Product(s)” and “Service(s)” are for business use only. By using our “Product(s)” and “Service(s)” for personal use, you are violating our “Terms and Conditions” of this Agreement. Therefore, if you use KrossKast for personal use and/or violate our “Terms and Conditions” herein for business use, then you’re taking 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.

KrossKast is a licensed background music provider. We track every song and message played from your location(s), submit music usage reports, and we pay the music royalty fees for you when applicable. As a result, we are legally able to cover the music royalties for the vast majority of businesses on a domestic and international level. However, there are some exceptions depending on the subscription plan(s) you purchase from us, (Exclusive Music or Commercial Music) and the category of your business. Please see section A, B, C below for more details.

A. Exclusive Music Plan: Is available for Domestic and International use. Within our Exclusive Music Plan all the music royalties are 100% covered under our “KrossKast Blanket License,” regardless of your business category or location around the world. We own one-hundred percent of all the music publishing rights to our “KrossKast Exclusive Original Music” that is played within our “KrossKast Exclusive” channels and allow the freedom of use of our music for our active Clients enrolled in a Music Plan “Subscription(s)” in good standing. We are a music streaming service for businesses which invests extensively in music publishing; we control all rights of use to our original music. Additionally, our “KK Exclusive Music Channels” can be streamed in any “Zone” that you would like, with absolutely no restrictions, including the ability to use our Exclusive Original Music in fitness classes in gyms/fitness centers where you are charging an additional fee to attend. You can also use our Exclusive Original Music to promote dancing within your establishment. Wherever an entry/admission fee is required in a business establishment, our Exclusive Original Music can be used.

B. Commercial Music Plan: Is available for Domestic use only. Our commercial music plans will give us the ability to cover your music royalties by obtaining blanket licenses to commercial music offered by the PROS for the vast majority of businesses, but the ultimate answer would depend on your business category. Are you a Fitness Center? Rollerskating Rink? Water Park? There are different rules and regulations for different business categories regarding the use of commercial music. If you’re unsure of your business category, please contact us before purchasing a Commercial Music Plan “Subscription(s)” and we’ll be happy to assist you. Additionally, Commercial Music Plan “Subscription(s)” are only to be used for background music purposes and anyone using our Commercial Music Plans must not charge an entry fee into the business establishment or use our Commercial Music Plans to promote dancing within their establishment. It is extremely important that when you purchase a Commercial Music Plan “Subscription(s),” that our Commercial Music is streamed into each of your business “Location(s)” as background music only, while following the rules and regulations mentioned herein.

C. Live Performances: KrossKast is a background music streaming service; therefore our “Product(s)” and “Service(s)” and Music Plan “Subscription(s)” do not include a public performance license and do not cover the performances by any live singers, musicians, or DJs within your business establishment.

18. Copyright Policy

KrossKast legally plays music in business 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 KrossKast’s “Product(s)” and “Service(s)” in other “Locations” beyond the “Location(s)” you initially signed up for, and that you follow all of the “Terms and Conditions” herein. Failure to notify us of how many “Locations” and where “our” “Product(s)” and “Service(s)” are playing, 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 our “Product(s)” and “Service(s)” 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 our contact form at KrossKast 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 our “Product(s)” and “Service(s)” 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;

• a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

• identification of the URL or other specific location on our “Product(s)” and “Service(s)” where the material that you claim is infringing is located;

• your address, telephone number, and email address;

• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent via KrossKast.

19. Intellectual Property

KrossKast Music Services and its “Product(s)” and “Service(s),” including its original content, features and functionality are and will remain the exclusive property of “KrossKast” and its licensors. KrossKast, LLC and all of its entities, including its “Product(s)” and “Service(s)” are 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 access and use the KrossKast’s “Product(s)” and “Service(s),” not sold, to you, and to be used in legally authorized jurisdictions for commercial purposes only. Your license to use our “Product(s)” and “Service(s)” are subject to your prior acceptance of our Terms and Conditions herein. You agree that you will “not” use KrossKast’s “Product(s)” and “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 materials, copy, edit, store, record, alter the tracks and/or audio bites streamed through KrossKast’s “Product(s)” and “Service(s)” or change in anyway shape or form, or give your password to any one else, modify, translate, reverse engineer, disassemble any portion(s) or piece(s) of KrossKast’s “Product(s)” and “Service(s)” 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 its “Product(s)” and “Service(s)” in any way that would violate this Terms and Conditions Agreement.

20. Links To Other Websites

KrossKast’s “Product(s)” and “Service(s)” may contain links to third party websites 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 websites 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 websites or services. We strongly advise you to read the Terms and Conditions and Privacy Policies of any third party websites or services that you visit.

21. Termination and/or Bankruptcy

We may terminate or suspend your account and bar access to our “Product(s)” and “Service(s)”  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 and Conditions” herein. If you wish to terminate your account, you may simply discontinue using the “Product(s)” and “Service(s);” although, if you are still within your “Subscription” “Period,” we will continue to bill you for any additional fees until the expiration of your “Subscription,” or you have the option to pay a $350.00 early termination fee per “Location.” All provisions of the “Terms and Conditions,” which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Bankruptcy: Should Client’s company face bankruptcy and/or any other devastating reason(s) whatsoever, that Client’s company can no longer sustain itself and/or can no longer operate as a business, which would force Client to break this contractual agreement with KrossKast before Client’s contractual Period ends, for any reason whatsoever, you must return any and all of our KrossKast Players (streaming devices) if KrossKast provided them to the Client under this contract, and the KrossKast Players must be returned in working condition with no cost/expense to KrossKast; otherwise, KrossKast has the right to charge Client’s company credit card and/or incur encumbrance(s) and/or lien(s) for the cost of any and all KrossKast Players (our streaming devices). Additionally, early termination fee(s) of $350.00 per “Location” will still remain and will be incurred. 

22. Indemnification

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 attorneys’ fees), resulting from or arising out of a) your use and access of our “Product(s)” and “Service(s),” by you or any person using your account and password; b) a breach of these Terms and Conditions, or c) Content posted on KrossKast’s “Product(s)” and “Service(s).”

23. Limitation Of Liability

In no event shall “KrossKast,” nor its directors, employees, partners, agents, suppliers, and/or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, any errors or omissions in any content, and/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, and/or other intangible losses, resulting from (i) your access to or use of or inability to access or use our “Product(s)” and “Service(s);” (ii) any conduct, content or materials of any third parties, (including users) on our “Product(s)” and “Service(s);” (iii) any content obtained from our “Product(s)” and “Service(s);” and/or (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 our “Product(s)” and “Service(s).” Without limiting the foregoing, “KrossKast” and its designees will have the right to remove any content that violates these Terms and Conditions of our “Product(s)” and “Service(s)” herein and/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 our “Product(s)” and “Service(s)” may include explicit language or images, which may not be appropriate for all audiences, and your use of our “Product(s)” and “Service(s)” at your own risk.

24. Disclaimer

Downloading or using our “Product(s)” and “Service(s)” is at your sole risk. Our “Product(s)” and “Service(s)” are provided on an “AS IS” and “AS AVAILABLE” basis. Except for our KrossKast Player and the Google Chromebox (the streaming devices we offer for purchase), our “Product(s)” and “Service(s)” are 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 and/or course of performance. KrossKast, its subsidiaries, affiliates, and its licensors do not warrant that a) our “Product(s)” and “Service(s)” will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) “Product(s)” and “Service(s)” is free of viruses or other harmful components; or d) the results of using “Product(s)” and “Service(s)” will meet your requirements.

25. Exclusions

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.

26. Governing Law

These “Terms and Conditions” 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 and Conditions” will not be considered a waiver of those rights. If any provision of these “Terms and Conditions” are held to be invalid or unenforceable by a court, the remaining provisions of these “Terms and Conditions” will remain in effect. These “Terms and Conditions” constitute the entire Agreement between “us” regarding our “Product(s)” and “Service(s),” and supersede and replace any prior agreements we might have had between “us” regarding the “Product(s)” and “Service(s).”

27. Changes

We reserve the right, at “our” sole discretion, to modify or replace these “Terms and Conditions” 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 “Product(s)” and “Service(s)” after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new “Terms and Conditions,” you are no longer authorized to use our “Product(s)” and “Service(s).”

28. Contact Us

If you have any questions about these “Terms and Conditions,” please contact us here, (KrossKast).

29. Acknowledgment

BY ACCEPTING THIS AGREEMENT; BY EXECUTING A SIGN UP FORM; BY PURCHASING ANY SUBSCRIPTION(S), PRODUCT(S), SERVICE(S); OR, BY USING SUCH PRODUCTS AND/OR 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,” “YOUR,” “CLIENT,” OR “BUYER” 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.