(Last Revised: August 26th, 2015)
RED KING SINGH provides the Website as a service to its users. By accessing the Website, you agree that RED KING SINGH will not be held liable for any services that are provided by third parties not owned or operated by RED KING SINGH.
The Website is protected by copyright law and is hereby licensed to you for your lawful use subject to the terms and conditions of this Agreement and the RED KING SINGH Copyright Policy. You are hereby prohibited from using the Website for any purpose other than those allowed under this Agreement.
1. Use of Website By Registered and Non-Registered Users. Use of the Website outside of the uses explicitly provided for in this Agreement is prohibited. Both registered members and non-registered users hereby agree to be bound by this Agreement.
2. User Competency. You hereby warrant and represent that, by accessing the Website, you are fully capable and competent to agree to the terms, conditions, obligations, affirmations, representations, and warranties in this Agreement. You further agree to abide by and comply with this Agreement.
3. Registered Users. RED KING SINGH may, now or in the future, provide you with a registered user account wherein you may post text, videos, music, or other information to the Website. You agree and understand that you have a duty to provide RED KING SINGH with the most current, accurate, and complete information about yourself when requested by RED KING SINGH. You understand that you have an ongoing duty to continually update your personal information if and when it changes. You agree to keep any user account username and password secure from unauthorized access. You understand and agree that you are responsible for any user account issued to you by RED KING SINGH, and you further agree that you take full responsibility for any and all actions that occur using your user account.
5. RED KING SINGH’s Rights in the Website Content. RED KING SINGH owns all of the Website, which includes but is not limited to the text, software, scripts, graphics, photos, sounds, music, interactive features, and the like, as well as their selection and arrangement. The Website also includes any and all trademarks, service marks, trade names, designs, and logos that are contained on the Website. The Website is subject to copyright, trademark, trade secret, and all other intellectual property rights.
Except for any User Generated Content that you may provide, the Website may not be used, modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written consent of RED KING SINGH.
6. RED KING SINGH’s Rights in Your User Generated Content. RED KING SINGH is not responsible for your User Generated Content, including but not limited to any text, photos, profile information, name, likeness, music, advertisements, listings, information, and any other content that you contributed to the Website. You hereby agree and recognized that your User Generated Content belongs to you and that RED KING SINGH is not responsible for the content of any User Generated Content that is submitted to the Website. Your User Generated Content is subject to copyright, trademark, trade secret, and other intellectual property rights, including RED KING SINGH’s rights in your User Generated Content as outlined below.
You agree to give RED KING SINGH an irrevocable and non-exclusive license to use any User Generated Content that you submit to the Website for the purposes of the Website. The purposes of the Website include but are not limited to making copies of your User Generated Content for storage or archival purposes. You give RED KING SINGH permission to reproduce, distribute, publish, modify, destroy, or otherwise use or utilize your User Generated Content for the purposes of the Website. You hereby explicitly agree to waive all moral rights in your User Generated Content, and you hereby warrant that you have not otherwise asserted said rights in your User Generated Content.
You warrant and agree that your User Generated Content will not violate or infringe upon the rights of third parties, including but not limited to trademark rights, copyright rights, privacy rights, publicity rights, or other personal or proprietary rights. You also agree and warrant that your User Generated Content will not contain any defamatory material, trade disparagement, or any other unlawful or tortious material.
RED KING SINGH will handle all notices of copyright infringement in accordance with its Copyright Policy and the provisions of the Digital Millennium Copyright Act. RED KING SINGH’s Copyright Policy is hereby incorporated by reference into this Agreement.
7. Agency and Access to Registered User Accounts. You have the right to appoint others to act as your agent to use the Website. You warrant and agree that any user that you authorize to have access to the Website or your user account has the capacity to contract and is your authorized legal agent. You warrant and agree that you are responsible for any and all access to the Website by any authorized or unauthorized user of your account. It is solely your responsibility to control access to your registered user account and to protect your username and password.
You warrant and agree that you will hold harmless RED KING SINGH for any access to your registered user account, whether authorized or unauthorized.
You understand and agree that you are responsible for performing any backups of your User Generated Content. You agree to hold harmless RED KING SINGH for any damage to, corruption of, or loss of your User Generated Content.
RED KING SINGH has no duty to review or monitor the Website, but it may choose to do so in its own discretion. RED KING SINGH may delete, remove, or archive the Website, including its User Generated Content, for any reason and without notice to you.
RED KING SINGH provides the Website as an interactive service provider. You understand and agree that RED KING SINGH’s provision of the Website does not imply its endorsement or approval of any third part or User Generated Content.
9. RED KING SINGH’s Grant of Limited License. RED KING SINGH grants you a limited license to access and use the Website for your own personal non-commercial use. Any other use of the Website is expressly prohibited.
You may not republish, incorporate, or otherwise use the Website without the prior written authorization of RED KING SINGH. You are expressly prohibited from using any data mining, robots, scraping, or other data gathering or extraction methods on the Website. Any and all use of the Website must keep intact all copyright, trademark, or other notices, and any and all use must provide the name of RED KING SINGH, the name of the original author, or, if the original author designates another party for attribution, the name of such other party, the title of the work, and the URL identifier associated with the Website, if any.
You hereby agree and warrant that you may only use the Website for commercial purposes with the prior written consent of RED KING SINGH. Prohibited commercial uses include but are not limited to the sale of the Website content, use of the Website for the purpose of gaining subscription or advertising revenue, and the use of the Website to displace the mark of RED KING SINGH.
You hereby agree and warrant that you will not modify the Website or otherwise made derivative works of the Website.
You hereby agree and warrant that you will comply with this Agreement and with any and all applicable local, national, and international laws and regulations.
This limited license will automatically terminate if you breach the terms of this Agreement. RED KING SINGH, it is own discretion, may terminate your registered user account and delete any User Generated Content that you submit to the Website for a breach of this Agreement.
10. Trademarks. RED KING SINGH’s trademarks, service marks, trade dress, logos, and designs, including but not limited to RED KING SINGH, are registered or common-law trademarks, service marks, trade dress, logos, or designs. You many not use the trademarks, service marks, trade dress, logos, or designs of RED KING SINGH, or any colorable imitation thereof, as an indicator of source or as a part of a domain name that is likely to cause consumer confusion. RED KING SINGH’s trademarks, service marks, trade dress, logos, and designs may not be used or imitated without the prior written consent of RED KING SINGH.
11. Protection of Children. RED KING SINGH and its Website does not knowingly target, market to, or collect personal information from individuals under the age of 18. If you are a parent who believes that RED KING SINGH may have collected personal information from your child, please notify RED KING SINGH immediately.
12. Warranties, Representations, and Disclaimer. RED KING SINGH OFFERS THE WEBSITE ON AN AS-IS BASIS. RED KING SINGH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE WEBSITE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY TO YOU AND YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR RIGHTS UNDER YOUR STATE’S LAWS.
RED KING SINGH IS NOT RESPONSIBLE FOR ANY USER GENERATED CONTENT, USER CONDUCT, OR THIRD PARTY APPLICATIONS, SOFTWARE, OR OTHER CONTENT POSTED ON THE WEBSITE. RED KING SINGH ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO A USER ACCOUNT, OR ALTERATION THEREOF.
RED KING SINGH reserves the right to discontinue the Website at any time and for any reason.
13. Limitation of Liability. YOU AGREE AND WARRANT THAT RED KING SINGH WILL NOT BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY AND ALL DAMAGES THAT MAY ARISE OUT OF THIS LICENSE OF THE WEBSITE, WHETHER THOSE DAMAGES ARE SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY. YOU HEREBY AGREE THAT RED KING SINGH WILL ONLY BE LIABLE TO YOU FOR THE AMOUNT THAT YOU PAID FOR THE WEBSITE SERVICES. IF NO FEES ARE PAID BY YOU TO RED KING SINGH, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.
14. Indemnification. You agree and warrant that you will indemnify, hold harmless, and defend RED KING SINGH, including its members, employees, and agents, from and against all claims, damages, obligations, losses, liabilities, costs or debts, and expenses, including attorneys fees, that arise from your use of and access to the Website, your violation of this Agreement, your violation of the rights of a third party, including but not limited to a violation of any intellectual property rights, or any claims that your submission of User Generated Content to the Website caused damage to a third party. You agree that this duty and obligation will survive the termination or failure of this Agreement and your use of the Website.
15. Assignment. You are hereby prohibited from assigning your rights or duties granted under this Agreement. RED KING SINGH may assign its rights and duties under this Agreement at any time, including in a sale of the Website or RED KING SINGH.
16. Additional Terms and Conditions. Any finding that a provision of this Agreement is invalid or unenforceable will not affect the validity or enforceability of the Agreement as a whole. If any provision of this Agreement is found to be invalid or unenforceable, that provision will be reformed to the extent necessary to make it valid and enforceable.
No term or provision is waived and no breach of this Agreement is consented to unless said waiver or consent is in writing and signed by the party to be charged with the waiver or consent.
No information is sold or released to anyone about visitors to RED KING SINGH without prior consent or a court order. In other words, no information is released to anyone unless you give permission first.
RED KING SINGH does not attempt to collect personal information from children. Note that RED KING SINGH cannot always determine that a user is a child. RED KING SINGH does not maintain databases of children or adults.
When visiting any Internet site, your unique address called an “IP address” is recorded. RED KING SINGH does not release any information about the collection of this address to any third party except under court order. RED KING SINGH archives the log files in order to create aggregate statistical reports, detect errors on the web site, and for security reasons. The log files are eventually deleted.
IP reports for advertisement clicks are shared with the advertiser. However, they usually have this information already since it is captured by their server when you view or click an ad. This is done to verify billing for the ads. No additional information associated with any specific user is provided to the advertisers.
Your privacy is important to us. RED KING SINGH’s service is free for all to use, and prior registration is not needed.
RED KING SINGH will explicitly ask when it needs information that personally identifies you. All personally identifiable information RED KING SINGH collects is only gathered with your voluntary act. RED KING SINGH keeps all information private and does not, and will not, share it with any third parties except under these circumstances:
– When such action is necessary to conform to legal requirements or comply with legal process.
– When such action is necessary to protect and defend the rights or property of RED KING SINGH.
Some links on RED KING SINGH will take visitors outside its web server. Although these links were established to provide access to useful information, RED KING SINGH is not responsible for any of these sites or their content.
REPORT COPYRIGHT INFRINGEMENT
If you believe content appearing on RED KING SINGH infringes on your copyright, please notify us here with the following information:
- A description of the copyrighted work that you claim has been infringed.
- The exact URL or a description of each place where alleged infringing material is located.
- A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law.
- Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf.
- A statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please note that under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
ONLINE VIDEO SUBMISSION AGREEMENT
This Online Video Submission Agreement (“Agreement”) shall confirm certain of your rights and responsibilities.
By uploading any data or information, or posting or submitting any content to RED KING SINGH. (“User Content”), you certify, represent and acknowledge that you wholly own the User Content or have the sole and exclusive right to permit RED KING SINGH. and its parents, members, managers, directors, shareholders, partners, representatives, subsidiaries, affiliates, sponsors, successors, assigns, heirs and licensees (collectively, “RED KING SINGH”) to use, edit, publish and otherwise exploit your User Content and your name in connection with your User Content without any obligation or liability to you or any other party whatsoever. You shall be solely responsible for your User Content and the consequences of submitting and publishing your User Content.
When you provide us with your User Content, you give RED KING SINGH a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable and transferable (through multiple tiers) right and license to exercise any and all copyright, trademark, publicity and database rights that you have in the User Content in any and all formats or media now known or hereafter devised in the future. You further hereby grant to RED KING SINGH the non-exclusive, irrevocable and unconditional right and license to describe, relate, broadcast, exhibit, transmit, publish, use, monetize, distribute and/or exploit your User Content in any such manner as RED KING SINGH shall elect, in whole or in part, on the internet, in print and electronic form, in merchandising, publicity and advertising, or in any other media now known or hereafter created or devised throughout the universe in perpetuity. For the avoidance of doubt, this shall include, without limitation, the right to submit and license (and sublicense) your User Content to third-parties including, but not limited to, television broadcast networks, cable stations, pay, pay-per-view, satellite or free television networks, television syndicators, home video distributors, podcast/mobisode distributors, or any other third-party distributor (“Third Parties”) for the further exploitation of your User Content in any format or media, including the development of a possible television and/or other audiovisual production. You agree that RED KING SINGH and the Third Parties shall have the right to edit, change, add to, take from, rearrange, vary, embellish, alter, modify, revise, duplicate, translate, reformat and/or reprocess your User Content in any manner RED KING SINGH or the Third Parties may in their sole discretion determine and to use it as RED KING SINGH or the Third Parties in their sole discretion may determine and to make derivative works of the same, in whole or in part, without notifying you and without obligation to you. You waive any right to inspect or approve the final display or other exploitation of your User Content now or in the future, whether that use is known to you or unknown, and you waive any right to royalties or any other compensation arising from or related to the use of your User Content.
RED KING SINGH does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and RED KING SINGH expressly disclaims any and all liability in connection with User Content. You understand and acknowledge that RED KING SINGH does not guarantee any confidentiality with respect to any of your User Content. RED KING SINGH does not permit copyright infringing activities and infringement of intellectual property rights on any of its websites, and RED KING SINGH will remove all User Content if properly notified that such User Content infringes on another’s intellectual property rights. RED KING SINGH reserves the right to remove User Content in its sole discretion and without prior notice to you, and without any refund or other compensation.
IN NO EVENT SHALL RED KING SINGH, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR SUBMISSION OF USER CONTENT TO RED KING SINGH TV, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF ANY AND ALL OF YOUR PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION, AND/OR (IV) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY USER CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU ARE ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN YOUR APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT RED KING SINGH TV SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless RED KING SINGH, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to RED KING SINGH; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defence and indemnification obligation will survive your use of RED KING SINGH.