Kable Terms of Service
Last Updated: 1 October 2024
1. Definitions
"Platform" means the Kable website, applications, and any related services offered by Kable. "Content" means any and all audio, video, text, images, graphics, data, and other materials uploaded, posted, or transmitted on the Platform. "Network" means a curated collection of Content organized and presented by a User on the Platform. "User" means any individual or entity that accesses or uses the Platform. "Kable Stack" means the suite of tools and services provided by Kable for creating and managing Networks. "Kable-Supported Platforms" means third-party websites, applications, or services with which Kable has partnered to stream or embed Content.
2. Acceptance of Terms
By accessing or using the Platform, you expressly acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree to these Terms, you may not access or use the Platform.
3. User Accounts
Eligibility: You must be at least 13 years old to use the Platform. If you are between the ages of 13 and 18, you must have the consent of a parent or legal guardian to use the Platform.
Registration: You may be required to create an account to access certain features of the Platform. You agree to provide accurate and complete information during registration and to keep your account information updated.
Account Representations: By creating an account, you represent and warrant that: (a) you are at least 13 years old (or have parental consent if required); (b) all information you provide is accurate and complete; and (c) you will comply with these Terms.
Account Security: You are solely responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account. You agree to immediately notify Kable of any unauthorized access to your account or any other breach of security.Account Suspension and Termination: Kable reserves the right to suspend or terminate your account at any time, with or without cause, and with or without notice. Kable may also terminate your access to the Platform for any violation of these Terms. Reasons for termination may include, but are not limited to:Impersonating another personCopyright infringementSpammingEngaging in deceptive or harmful activitiesAccount inactivity
4. Content Responsibilities
Ownership and License:You retain ownership of any Content you upload to the Platform.
By uploading Content, you grant Kable a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, display, and perform the Content in connection with the operation and promotion of the Platform and your Network.
This includes the right to:
• Stream or embed your Content on Kable-Supported Platforms.
• Make your Content available to partners for syndication, broadcast, distribution, or publication on other media and services.
Content Termination:
User Deletion: You may delete your Content at any time. Kable may retain copies for backup, legal, or operational purposes, but these will not be publicly accessible unless required by law.
Kable Removal: Kable may remove Content that violates these Terms. Kable may retain copies as needed for legal or operational purposes.
Syndicated Content: If your Content has been shared on other platforms before deletion or termination, Kable's license shall remain in effect for so long as necessary to fulfill existing obligations.
Content Restrictions:
Permitted Content: You may only upload Content that you have the right to upload and that does not violate any third-party rights, including copyright, trademark, privacy, publicity, or other intellectual property or proprietary rights.
Prohibited Content: You may not upload any Content that is unlawful, harmful, threatening, defamatory, obscene, invasive of privacy, or otherwise objectionable; infringes on intellectual property rights; or contains malicious software.
Content Moderation: Kable reserves the right, but has no obligation, to monitor, review, or edit Content.
Reporting Content: If you become aware of any Content that violates these Terms or that you believe is otherwise objectionable, please promptly report it to Kable through the reporting mechanisms provided on the Platform.
Copyright Infringement: Kable respects intellectual property rights and responds to DMCA notices. If you believe your copyrighted work has been infringed, please provide Kable with a written DMCA including the Network name, Content title in question and the relevant timestamp to dmca@kable.tv.
5. User Networks
Network Creation: Users may create and manage Networks on the Platform subject to these Terms and any Network Guidelines provided by Kable.
Network Guidelines: Kable may provide Network Guidelines to assist users in creating and managing their Networks. "Network Guidelines" can be found here and may be updated from time to time.
Network Content: Users are solely responsible for all Content included in their Networks, including obtaining necessary licenses and permissions for any third-party Content.
Network Management: Users are responsible for managing their Networks, including scheduling Content, moderating user comments, and ensuring compliance with these Terms and Network Guidelines.
Revenue Sharing: Where applicable, revenue generated by a Network will be shared between Kable and the Network creator according to the terms of a separate Kable Networks Program Agreement. Revenue sharing applies to advertising, subscriptions, or other monetization formats, with specifics detailed in the separate Kable Networks Program Agreement.
Network Termination:
• Kable may terminate or suspend a Network for any violation of these Terms, Network Guidelines, or any other reason in Kable's sole discretion. In cases of serious violations, Kable reserves the right to terminate the Network without prior notice.
• User Deletion: Users may delete their own Networks from the Platform at any time. However, deletion of a Network will also result in the deletion of all Content within that Network. Kable may retain copies of such Content for backup purposes, as required by law, or as necessary to comply with legal obligations. Such retained copies will not be made publicly accessible unless required for legal or operational reasons.
6. Intellectual Property
Kable's Rights: The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Kable, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
User Content License: By uploading Content to the Platform, you grant Kable a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, display, and perform the Content in connection with the operation of the Platform and Kable's business.
Trademarks: Kable's name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Kable or its affiliates or licensors. You must not use such marks without the prior written permission of Kable. You may not use any trademarks, service marks, or logos of any independent third parties without prior written approval from the respective owners.
7. Disclaimers
"As Is" and "As Available" Disclaimer: The Platform is provided "as is" and "as available" without any warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Platform Availability: Kable does not guarantee that the Platform will be available at all times or that access to the Platform will be uninterrupted or error-free. Kable may change, suspend, or discontinue any aspect of the Platform at any time, including the availability of any feature, database, or Content.
Content Accuracy: Kable does not guarantee the accuracy, completeness, or usefulness of any Content on the Platform. Any reliance you place on such information is strictly at your own risk.Third-Party Websites: The Platform may contain links to third-party websites or resources. Kable is not responsible for the availability or content of such websites or resources. The inclusion of any such link does not imply endorsement by Kable of the site or any association with its operators.
8. Limitation of Liability
To the maximum extent permitted by applicable law, Kable shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Platform; (ii) any conduct or content of any third party on the Platform; (iii) any Content obtained from the Platform; 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 Kable has 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.
Disclaimer of Consequential Damages: In no event shall Kable be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Platform or these Terms, even if Kable has been advised of the possibility of such damages.
Financial Cap: Kable's total cumulative liability to you for any and all claims arising out of or relating to these Terms or your use of the Platform shall not exceed the greater of (a) the amount of fees paid by you to Kable (if any) during the twelve (12) months prior to the event giving rise to the liability, or (b) one hundred US dollars ($100).
9. Indemnification
Scope of Indemnification: You agree to defend, indemnify, and hold harmless Kable and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with (a) your access to or use of the Platform; (b) your violation of these Terms; (c) your violation of any third-party right, including any copyright, trademark, trade secret, or privacy right; or (d) any Content you submit or transmit through the Platform.
10. Governing Law and Dispute Resolution
These Terms and any dispute arising out of or relating to these Terms or the Platform shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.
Informal Dispute Resolution: Before initiating any legal action, you agree to first contact Kable and attempt to resolve the dispute informally. If Kable is unable to resolve the dispute informally within thirty (30) days, you may pursue the other dispute resolution options described below.Arbitration: Except for disputes involving intellectual property rights or claims seeking injunctive relief, you agree to submit any dispute to binding arbitration in Delaware in accordance with the rules of the American Arbitration Association. Arbitration means that the dispute will be decided by a neutral arbitrator instead of a judge or jury.
Jurisdiction: For any legal action that is not subject to arbitration, you agree that exclusive jurisdiction and venue shall be in the state or federal courts located in Delaware. You waive any objection to such jurisdiction or venue.
11. Changes to Terms
Kable reserves the right to modify these Terms at any time in its sole discretion. If Kable makes material changes to these Terms, it will post the updated Terms on the Platform and update the "Last Updated" date at the top of these Terms. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. Kable will make reasonable efforts to notify you of any material changes to these Terms, such as by posting a notice on the Platform or sending you an email.
12. Entire Agreement
Unless you have entered into a separate Kable partner network agreement, These Terms constitute the entire agreement between you and Kable relating to your use of the Platform and supersede all prior or contemporaneous communications and proposals, whether oral or written.
13. Waiver and Severability
No waiver by Kable of any term or provision of these Terms shall be deemed a further or continuing waiver of such term or provision or a waiver of any other term or provision, and any failure of Kable to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
14. Contact Us
If you have any questions about these Terms, please contact Kable at legal@kable.tv
Effective Date: 1 October 2024