Announcement:
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Zshare Player Issue, 29 Jun 2011 - (views: 19106)
Poll Question?, 16 Mar 2011 - (views: 15638)
Video With No Audio in 02/14-02/15 2011, 16 Feb 2011 - (views: 16884)
To all Inactive Account (Read This), 02 Feb 2011 - (views: 16852)
Zshare Issue in Video ang voice delay, 01 Feb 2011 - (views: 17797)
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Zshare Player Issue, 29 Jun 2011 - (views: 19106)
Poll Question?, 16 Mar 2011 - (views: 15638)
Video With No Audio in 02/14-02/15 2011, 16 Feb 2011 - (views: 16884)
To all Inactive Account (Read This), 02 Feb 2011 - (views: 16852)
Zshare Issue in Video ang voice delay, 01 Feb 2011 - (views: 17797)
Terms of Use and Disclaimer
Acceptance and Agreement
By accessing and/or using the Kalinktv.com web site and the content, features, applications, and services offered in connection with Kalinktv.com (collectively, the "Site") you agree to be bound by these Terms of Use and the terms and conditions of the Kalinktv.com Privacy Notice and incorporated into these Terms of Use (collectively, this "Agreement"). As a user or viewer of the Site, you represent and warrant that you have the right, capacity and authority to enter into this Agreement and will abide by its terms and conditions. If you do not agree with the terms and conditions of this Agreement, then you should not access, view or use the Site. This Agreement applies to all users or viewers of the Site, including individuals who register with the Site ("Registered Individual Users") and Group Users ("Groups). The term "user" refers to Registered Individual Users, Group Users and anyone else who accesses or uses the Site. Kalinktv.com may modify this Agreement from time to time without notice, and such modification shall be effective upon posting to the Site. You agree to be bound by any modifications to this Agreement when you access or use the Site after any such modification is posted on the Site. It is therefore important that you review this Agreement regularly.
Registered Users
In order to register with the Site as a Registered Individual User or a Registered Ministry User, you must be at least thirteen years old. Users younger than thirteen are not allowed to view the site except under the supervision of a parent or guardian. Your eligibility to register is automatically void where prohibited by law. You affirm that all information you provide in registering with the Site is true and complete. Commercial businesses may not register with the Site unless they are pre-approved by Kalinktv.com. Your registration will take effect upon acceptance of your registration form by Kalinktv.com. Other terms and conditions may apply to your registration as posted from time-to-time on the Site. Kalinktv.com reserves the right to reject and to terminate your registration and use of our Site at any time, for any reason without notice to you.
Rights To Content
Users retain any rights they have in photos, videos, audio files, text and other materials they submit to the Site or transmit to other users through the Site ("User Submissions"). Kalinktv.com retains full ownership or license rights to all other software, or application contained within the Site. Other contents such as graphics, photos, sounds, videos, and music ("Content") and all patents, copyrights, trademarks, service marks and other proprietary rights belong to the rightful owners. Content and User Submissions are provided for your personal, non-commercial use only as permitted by the Site and may not be accessed, used, modified, performed, displayed, reproduced, copied, published, transmitted, distributed, sold, transferred, licensed or exploited for any other purpose without the prior written consent of the respective owners. If you download, transmit, print or copy Content or User Submissions, you must retain all copyright and proprietary notices contained therein. You agree not to circumvent, disable or interfere with the security and use restriction features of the Site.
User Submissions
By submitting your User Submissions to the Site, you hereby grant to Kalinktv.com a non-exclusive, royalty-free, sublicenseable, transferable and worldwide license to access, use, modify, perform, display, reproduce, copy, prepare derivative works of, transmit, publish and distribute your User Submissions, and all patents, copyrights, trademarks and other proprietary rights therein, in connection with the Site and the operations of Kalinktv.com , including without limitation to promoting, transmitting and distributing the Site, or any part or derivative thereof, in and through any media and channels. You also hereby grant to each user of the Site a non-exclusive, royalty-free, worldwide license to access, use, modify, perform, display, reproduce, copy, prepare derivative works of, transmit, publish and distribute your User Submissions for their personal, non-commercial use as permitted through the services and functionality of the Site. You are solely responsible for your own User Submissions and the consequences of your User Submissions being posted on and distributed through the Site.
Video Embeds
Users may post video embeds, frames, and/or links to external files, such as video, games, audio, music, and others, that are readily sourced from and hosted by other websites, such as YouTube, Daily Motion, Youku, Tudou, zShare, Ouou, MegaVideo, MegaUpload, Multiply, MySpace and others. In this case, any copyright claims should be addressed to the source websites directly. Copy rights owners agree that they shall contact the source websites who host these files, to resolve copyright issues, if any. Kalinktv.com is not responsible for the accuracy, compliance, copyright, legality, decency and any other aspect of such embeded third party content materials. Copyright owners hereby release Kalinktv.com free from any legal and/or civil liability, that may arise from such cases. DISCLAIMER for this regard, hereby becomes part of this agreement.
Non-Commercial Use
Kalinktv.com is meant for personal use only and may not be used in connection with any commercial activities or endeavors or the sale of any services or products without express prior written approval from Kalinktv.com. You agree not to:
(a) initiate or operate any sweepstakes, contests, advertising barter or pyramid schemes on or through the Site;
(b) solicit personal identifying information for commercial or unlawful purposes from other users;
(c) transmit any form of chain letters or junk email to other users;
(d) use any information obtained from or through the Site
---(i) to abuse, harass, or harm another person,
---(ii) for any illegal activity, or
---(iii) without our prior written approval, to advertise to, contact for commercial purposes, solicit, or sell to any other user;
(e) use the Site for, or conduct on or through the Site, any illegal and/or unauthorized activities; or
(f) establish any unauthorized framing of or linking to the Site.
Kalinktv.com reserves the right to restrict the number of emails which a user may send to other users in any twenty four (24) hour period to a number which Kalinktv.com deems appropriate in its sole discretion. If you send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Site you acknowledge that you will have caused substantial harm to Kalinktv.com that will be difficult, if not impossible, to ascertain. As liquidated damages for such harm, you agree to pay Kalinktv.com twenty-five dollars ($25.00) for each such unsolicited email or other unsolicited communication you sent through the Site. Such liquidated damages shall be in addition to any and all other rights, remedies and damages to which Kalinktv.com may be entitled to under this Agreement, at law or in equity. While Kalinktv.com assumes no responsibility for monitoring the Site, it will, when it deems it appropriate, investigate activity in connection with the Site that Kalinktv.com believes may be illegal, unauthorized or a breach of the terms of this Agreement. If deemed appropriate by Kalinktv.com, it will initiate appropriate legal action with respect to such activities, including without limitation, criminal, civil and injunctive redress. Kalinktv.com reserves the right to restrict your activity on, and/or block your access to, the Site any time for any reason without notice to you.
Disputes Between Users
The resolution of disputes that may arise between users is the sole responsibility of the users and Kalinktv.com has no liability or obligation with respect to any such disputes.
Disclaimers
To the fullest extent permitted by law, the site, content and user submissions are provided "as-is" and Kalinktv.com expressly disclaims any and all warranties, express or implied, including without limitation, the warranties of merchantability and fitness for a particular purpose, with respect to the site, content and user submissions and your use thereof. Kalinktv.com does not guarantee any specific results from the use of our web site or services. The web site may not be available temporarily from time to time for maintenance purposes or other reasons. Kalinktv.com disclaims any and all responsibility and liability for
(a) any inaccuracies, errors or omissions in any content or user submissions posted on or accessed through the site or in any content of any other web site linked to this site,
(b) any interruption, omission, error, delay in operation, deletion, defect, communications line failure, destruction, theft or unauthorized access to, or alteration of the site, any content, or any user submissions,
(c) the conduct, whether online or offline, of any user of the site,
(d) any technical malfunctions or problems of any telephone network or lines, computer online systems, computer equipment, servers or providers, software, failure of video plays on account of technical problems or traffic congestion on the internet or any web site or combination thereof,
(e) any personal injury or property damage resulting from your access and use of the site, content, or user submissions or your interaction with other users,
(f) any unauthorized access to or use of our servers and the information contained thereon, including without limitation, user information, and
(g) any bugs, viruses, trojan horses, worms, or other destructive, disabling or malicious programs, codes, subroutines or the like that are transmitted through the site.
Kalinktv.com assumes no responsibility for monitoring the site and does not endorse any user submission or any opinion, statements or advice expressed therein. Kalinktv.com expressly disclaims any and all liability in connection with your access and use of the site, content, and user submissions and your interaction with other users. You agree that your access and use of the site, content and user submissions and your interaction with other users is undertaken at your own risk. The site is operated and provided by Kalinktv.com. Pinoy24TV does not represent or warrant that the site complies with the laws of the jurisdiction from which you may be accessing the site through the Internet. You are solely responsible for compliance with your local law. You agree that the site is a passive web site that does not give rise to personal jurisdiction over Kalinktv.com in your jurisdiction.
Limitation Of Liability
In no event shall Kalinktv.com or their respective affiliates, directors, officers, employees, agents, and assigns, be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including without limitation to lost profits, whether based on an action or claim in contract, equity, negligence, tort or otherwise, arising from your access or use of the site, content or user submissions or your interaction with other users, even if Kalinktv.com has been advised of the possibility of such damages. No cause of action arising out of or relating to this agreement, the site, content or user submissions may be brought by one party against the other party more than one (1) month after the cause of action accrued. This limitation of liability shall apply to the fullest extent permitted by law. If you are a California resident, you waive California Civil Code Section 1542, which says, "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor". In other jurisdictions, you waive any relevant law, that may run counter with this agreement.
Indemnity
You agree to indemnify and hold harmless Kalinktv.com and their respective affiliates, directors, officers, employees, agents, licensees and assigns, and all other users from and against any and all royalties, fees, damages, penalties, claims, costs and losses arising in connection with any of user submissions, video embeds, frames, external links or your breach of any of the terms of this Agreement.
Disputes
You agree to the exclusive personal jurisdiction and venue of Netherlands Antilles courts to adjudicate all claims, controversies and disputes that may arise between you and any member of the Kalinktv.com provided that either you or Kalinktv.com may demand that such disputes be subject to binding arbitration held in Netherlands Antilles before one arbitrator in accordance with the arbitration rules, subject to each party’s right to seek injunctive relief in a court of competent jurisdiction.
General
This Agreement will be governed by any choice-of-law rules that may require the application of the laws of another jurisdiction, is hereby waived by all parties concerned. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, superceding any previous or contemporaneous representations, understandings or agreements with respect thereto. There is no partnership, employee-employer, agency, franchisor-franchisee or joint venture relationship between Kalinktv.com and any user. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect. The failure of Kalinktv.com to enforce any of the terms of this Agreement or exercise any of its rights under this Agreement shall not constitute a waiver of such terms or rights. No waiver of any of the terms or rights in this Agreement shall be deemed a further or continuing waiver of such terms or rights.
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