Effective as of February 1, 2023
Welcome to cloud4rx Network, Inc. (“cloud4rx,” “we,” “our” or “us”). Please read these cloud4rx Terms of Use (the “Terms of Use”) and our Privacy Policy, available at https://www.kngtvnetwork.com/static/privacy (“Privacy Policy”), carefully because they govern your access and use of our video streaming service offering a selection of television shows, movies, clips, and other audio-video content (collectively, the “Content”) accessible via our website located at www.kngtvnetwork.com (the “cloud4rx Site”), our applications (“Apps”) and our player for viewing the Content (the “Video Player”), in addition to any other features, tools, applications, materials, or other services offered from time to time by cloud4rx in connection with its business, however accessed. To make these Terms of Use easier to read, the cloud4rx Site, Apps, Video Player and our services are referred to collectively as the “cloud4rx Services.”
By visiting, accessing, or using any of the cloud4rx Services, you agree to be bound by these Terms of Use. It is important that you carefully read through these Terms of Use and also whenever we update them or whenever you access or use the cloud4rx Services. If you have any questions or comments about these Terms of Use, please submit your questions at www.KNGtv.com/static/support and select “Terms of Use & Privacy Policy” rom the list of available topics. If you have general questions about cloud4rx or how to use it, please visit our Help Center https://KNGtv.com/help-center/.
IMPORTANT NOTICE REGARDING ARBITRATION: BY USING ANY cloud4rx SERVICES AND ACCEPTING THESE TERMS OF USE YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND US THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. YOU AND cloud4rx WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN ONNECTION WITH SUCH DISPUTES. PLEASE REVIEW CAREFULLY SECTION 10 TITLED “ARBITRATION AGREEMENT AND CLASS ACTION WAIVER” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).
1. CHANGES TO THE TERMS OF USE BY cloud4rx
cloud4rx may amend these Terms of Use at any time by posting the amended Terms of Use on the cloud4rx Services (available at https://www.cloud4rxtv.com/static/terms). Any amendment to these Terms of Use will be effective upon posting on the cloud4rx Services. Your continued use of the cloud4rx Services after any such amendment is posted constitutes your acknowledgement and acceptance of such amendment. If you do not agree to be bound by the updated Terms of Use, then, except as otherwise provided in Section 10, you may not access or otherwise use the cloud4rx Services. Because the cloud4rx Services are evolving over time we may change or discontinue all or any part of the cloud4rx Services, at any time and without notice, at our sole discretion and without liability to you. cloud4rx may also impose limits on certain features and services offered on the cloud4rx Services or restrict your access to parts or all of the cloud4rx Services without notice or liability
2. ACCESS AND USE OF THE cloud4rx SERVICES
- . Age Limitations and Restrictions. The cloud4rx Services are not directed to nor intended to be accessed or used by children under the age of 13. If you are under the age of 13, you are not permitted to access, use or register to use the cloud4rx Services or to otherwise provide your personal information to cloud4rx. If you are at least 13 and under 18 years of age, you may register with cloud4rx only if you have the consent of your parent or guardian, in which case your parent or guardian will be required to consent to these Terms of Use on your behalf. Access to Content may be restricted due to age appropriateness. Accessing the cloud4rx Services and/or the Content from territories where cloud4rx does not offer the cloud4rx Services is prohibited
- Registration and Your Information
- If you want to use certain features of the cloud4rx Services you will need to create an account (“Account”). You can do this with your email address via the cloud4rx Site or Apps, or using your account with certain third-party social networking services such as acebook (each, an “SNS Account”). If you choose the SNS Account option, please note that we will create your Account by extracting from our SNS Account certain personal information such as your name and email address and other personal information that your privacysettings on the SNS Account permit us to access.
- It is important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you do not, we may suspend or terminate your Account. You agree that you will keep your password and Account information secure and that you will not disclose your Account password to anyone else and you will notify us immediately of any unauthorized use of your Account. You are responsible for all inaccuracies in your Account information and all activities that occur under your Account, regardless of whether or not you know about them.
- Your License. Subject to your compliance with these Terms of Use, cloud4rx grants you a limited, revocable, non-exclusive, non-transferable license, with no right to sublicense, to view and use the cloud4rx Services in connection with your permitted use thereof, including accessing and viewing the Content on a streaming-only basis through the Video Player, solely for personal, non-commercial purposes as set forth in these Terms of Use.
- The Content. The Content is available for permissible viewing on or through the cloud4rx Services.
You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms of Use. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content, cloud4rx Services or any digital rights management mechanism, device, or other content protection or access control measure associated with the cloud4rx Services or the Content, including geo-filtering mechanisms. You may not use technologies to access or use the cloud4rx Services or Content from territories where cloud4rx does not have rights or does not offer services. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, make available, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the cloud4rx Services or Content unless expressly permitted by cloud4rx in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or inline links unless expressly permitted by cloud4rx in writing. Furthermore, you may not create, recreate, distribute, or advertise an index of any significant portion of the Content unless authorized by cloud4rx. You may not seek to develop, build, or otherwise promote a business, product, or service utilizing the cloud4rx Services or the Content, whether or not for profit. The cloud4rx Services and Content covered by these restrictions includes without limitation any text, graphics, layout, interface, technology, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the cloud4rx Services or the Content, including without limitation montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by cloud4rx in writing. The foregoing prohibitions apply even if you intend to give away the derivative materials free of charge. - The Video Player. You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables sers to view the Content without:
(i) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located;
and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality. - The Apps.
- Subject to your compliance with these Terms of Use, cloud4rx grants you a limited, revocable, non-exclusive, non-transferable license, with no right to sublicense, to download and install a copy of the Apps on a consumer electronics device (e.g., a mobile phone, tablet, television, or computer) that you own or control and to run such single copy solely for your own personal non-commercial purposes on such consumer electronics device.
- You may not copy an App, except to make a copy for backup or archival purposes. Except as expressly permitted in these Terms of Use, you may not:
(1) copy, modify or create derivative works based on the Apps; (2) distribute, transfer, sublicense, lease, lend or rent the Apps to any third party;
(3) reverse engineer, decompile or disassemble the Apps; or (4) make the functionality of the Apps available to multiple users through any means. cloud4rx reserves all rights in and to the Apps not expressly granted to you under these Terms of Use
- Accessing Apps from App Store. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:
- These Terms of Use are concluded between you and cloud4rx, and not with the App Provider, and cloud4rx (not the App Provider), is solely responsible for the App.
- The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of cloud4rx.
- The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to:
(1) product liability claims;
(2) any claim that the App fails to conform to any applicable legal or regulatory requirement;
and (3) claims arising under consumer protection or similar legislation. - In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, cloud4rx will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use.
- The App Provider, and its subsidiaries, are third-party beneficiaries of these Terms of Use as related to your license to the App, and that, upon your acceptance of the Terms of Use, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as related to your license of the App against you as a third-party beneficiary thereof.
- You represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
- You must also comply with all applicable third party terms of service when using the App.
- Ownership. As between you and cloud4rx, cloud4rx and/or cloud4rx’s licensors exclusively own, control and retain all right, title and interest in and to the cloud4rx Services and the Content, including all associated intellectual property rights. You acknowledge that the cloud4rx Services, including without limitation the Content, are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark,
service mark or other proprietary rights notices incorporated in or ccompanying the cloud4rx Services, including without limitation the Content - Your Responsibilities and cloud4rx’s Enforcement Rights. You can access and use the cloud4rx Services and Content for lawful personal, non-commercial, and appropriate purposes only. You agree not to engage in any conduct that:
- violates the rights of others, including patent, trademark, trade secret, copyright, moral rights or other intellectual property rights, or rights of privacy, publicity, or other proprietary rights, harasses or harms another individual, impersonates any person or entity, or otherwise misrepresents yourself or your affiliation with any person or entity; or (2) is fraudulent, false, misleading or deceptive
- uses technology or other means to access, index, frame, search or link to the
cloud4rx Services (including the Content) that is not authorized by cloud4rx;
remove, avoid, deactivate, descramble disable, bypass, or circumvent any
technological measure implemented by cloud4rx or any of cloud4rx’s providers
or any other third party (including another user) to protect cloud4rx Services,
including without limitation content protection or access control mechanisms
intended to prevent the unauthorized download, stream capture, linking,
framing, reproduction, access to, or distribution of the cloud4rx Services; - accesses, tampers with, or uses non-public areas of the cloud4rx Services,
cloud4rx’s computer systems, or the technical delivery systems of cloud4rx’s
providers - involves accessing the cloud4rx Services (including the Content) through any
automated means, including “robots,” “spiders,” or “offline readers” (other than
by individually performed searches on publicly accessible search engines for
the sole purpose of, and solely to the extent necessary for, creating publicly
available search indices – but not caches or archives – of the cloud4rx
Services, excluding those search engines or indices that host, promote, or link
primarily to infringing or unauthorized content); - uses any meta tags or other hidden text or metadata utilizing a cloud4rx
trademark, logo URL or product name without cloud4rx’s express written
consent - access the cloud4rx Services, including without limitation Content, or any
portion thereof, for any commercial purpose or for the benefit of any third party
or in any manner not permitted by these Terms of Use; - deciphers, decompiles, disassembles or reverse engineers any of the software
used to provide the cloud4rx Services; - interferes with the access of any user, host or network, including, without
limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the cloud4rx Services; - introduces viruses or any other computer code, files, or programs that
interrupt, destroy, or limit the functionality of any computer software or
hardware or telecommunications equipment; - damages, disables, overburdens, impairs, or gains unauthorized access to the
cloud4rx Services, including cloud4rx’s servers, computer network, or user
accounts - removes, modifies, disables, blocks, obscures or otherwise impairs any
advertising in connection with the cloud4rx Services (including the Content) - uses the cloud4rx Services to advertise or promote services that are not
expressly approved in advance in writing by cloud4rx - probe, scan or test the vulnerability of any cloud4rx system or network or
breach any security or authentication measures; - collects or stores personally identifiable information from cloud4rx Services
without cloud4rx’s authorization; - violates, or encourages conduct that would violate, any applicable law or
regulation, constitute a criminal offense or give rise to civil liability; - violates these Terms of Use or any guidelines or policies posted by cloud4rx;
- interferes with any other party’s use and enjoyment of the cloud4rx Services;
or - encourages or enables any other individual to do any of the foregoing or
attempts to do any of the foregoing.
We have the right to investigate violations of these Terms of Use or conduct or
activity that may affect the cloud4rx Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
If cloud4rx determines in its sole discretion that you are violating any of these Terms of Use, we may
(i) notify you,
(ii) use technical measures to block or restrict your access or use of the cloud4rx Services,
(iii) suspend or terminate your Account or access to the cloud4rx Services and Content, and/or
(iv) use any other available legal or equitable remedy. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the cloud4rx Services and Content, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.
- No Spam/Unsolicited Communications. We know how annoying and upsetting it
can be to receive unwanted email or instant messages from people you do not know.
Therefore, no one may use the cloud4rx Services to provide personal information or
otherwise collect information about users for the purpose of sending, or to facilitate or
encourage the sending of, unsolicited bulk or other communications. You understand
that we may take any technical remedies to prevent spam or unsolicited bulk or other
communications from entering, utilizing, or remaining within our computer or
communications networks. If you Post (as defined below in Section 4) or otherwise
send spam, advertising, or other unsolicited communications of any kind through the
cloud4rx Services, you acknowledge that you will have caused substantial harm to
cloud4rx and that the amount of such harm would be extremely difficult to measure.
As a reasonable estimation of such harm, you agree to pay cloud4rx $50 for each
such unsolicited communication you send through the cloud4rx Services. - Downloads. In order to participate in certain cloud4rx Services or access certain
Content, you may be notified that it is necessary to download software or other
materials or agree to additional terms and conditions. Unless otherwise provided by
these additional terms and conditions, they are hereby incorporated into these Terms
of Use. - Suspension/Discontinuation. We hope not to, but we may change, suspend, or
discontinue – temporarily or permanently – some or all of the cloud4rx Services
(including the Content and the devices through which the cloud4rx Services are
accessed), with respect to any or all users, at any time without notice. You
acknowledge that cloud4rx may do so in cloud4rx’s sole discretion. You also agree
that cloud4rx will not be liable to you for any modification, suspension, or
discontinuance of the cloud4rx Services. - Internet Access Charges. You are responsible for any costs you incur to access the
internet. - Customer Service; Availability. If we can be of help to you, please do not hesitate
to contact our customer service department by visiting our customer service web
page on cloud4rxtv.com. You acknowledge that from time to time the cloud4rx
Services may be inaccessible or inoperable for any reason, including, without
limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs
which cloud4rx may undertake from time to time; or (iii) causes beyond the control of
cloud4rx or which are not reasonably foreseeable by cloud4rx.
3. PRIVACY POLICY. Use of the cloud4rx Services is also governed by the cloud4rx Privacy Policy available at https://www.KNGtv.com/static/privacy, which is incorporated into and is a part of these Terms of Use by this reference. You acknowledge and agree that your access or use of cloud4rx Services or Content is also subject to our Privacy Policy.
4. USER MATERIAL. Any licenses you have previously granted to cloud4rx and/or cloud4rx’s
users to the reviews, comments, or other materials (collectively, “User Material”) you may
have published, transmitted, submitted, or posted (collectively, “Post”) to cloud4rx Services
continue under these Terms of Use. Further, any representations and warranties that you
own the User Material or otherwise have the right to grant the license to your User Materials
that you hereby grant to cloud4rx, and that the Posting of your User Material does not violate
any right of any party, including privacy rights, publicity rights, and intellectual property
rights, continue to be valid and have full effect. In addition, you agree to pay for all royalties,
fees, and other payments owed to any party by reason of your Posting User Material. KNG
TV continues to disclaim any guarantees of confidentiality with respect to any User Material.
Third Party Posts. You agree to waive any legal or equitable rights or remedies you may
have against cloud4rx with respect to User Material provided by other users. You
acknowledge that Posts are public and cloud4rx cannot guarantee the accuracy or security of
any information provided through such Posts; you access and make such disclosures at your
own risk. cloud4rx is not responsible for the content or accuracy of any information contained
in a Post, and shall not be responsible for any decisions made based on such information.
cloud4rx prohibits disclosing any inappropriate content or information, personal or sensitive
information on or through the cloud4rx Services
5. LINKED DESTINATIONS AND ADVERTISING.
Third Party Destinations. The cloud4rx Services (including the Apps) may contain links to
third-party websites or resources, or destinations. You will not infer or assume that cloud4rx
endorses, operates, controls, is responsible for or is connected with these or other thirdparty websites, resources or destinations, even if they link to cloud4rx Services and even if
such websites, resources, or destinations are operated by a person (including legal entity)
affiliated or otherwise connected with cloud4rx. We provide these links only as a
convenience and are not responsible for the content, products or services on or available
from those websites, resources, and destinations or links displayed on such websites. You
acknowledge sole responsibility for and assume all risk arising from, your use of any thirdparty websites, resources, and destinations, and release cloud4rx from any responsibility
and liability to you for any content or other materials hosted and served from any such
websites, resources, or destination. These Terms of Use do not govern your use of any other
websites, resources, or destinations.
Advertisements. cloud4rx is not responsible for advertisements or any third party material
posted on any of the cloud4rx Services, nor is cloud4rx responsible for the products or
services provided by advertisers. Any dealings you have with advertisers found while using
the cloud4rx Services are between you and the advertiser, and you agree that cloud4rx is not
liable for any loss or claim that you may have against an advertiser.
6. TRADEMARKS. cloud4rx, the cloud4rx logo, www.cloud4rx.tv, www.cloud4rxtv.com, and
other cloud4rx marks, graphics, logos, scripts, and sounds are trademarks, registered or
otherwise, and trade dress of cloud4rx, Inc.. You may not copy, download or exploit any of
the cloud4rx trademarks.
7. FEEDBACK. It is cloud4rx’s policy not to accept unsolicited submissions, including
scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions,
ideas, or concepts (“Unsolicited Submissions”). cloud4rx’s policy is to delete any such
submission without reading it. Therefore, any similarity between an Unsolicited Submission
and any elements in any cloud4rx creative work, including a film, series, story, title, or
concept, would be purely coincidental. We welcome feedback, comments and suggestions
for improvements to the cloud4rx Services (“Feedback”). You can submit Feedback by
emailing us at info@kngtvnetwork.com (subject line: “Feedback”). You grant to us a nonexclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and
transferable license under any and all intellectual property rights that you own or control to
use, copy, modify, create derivative works based upon and otherwise exploit the Feedback
for any purpose.
8. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, AND INDEMNITY
THE cloud4rx SERVICES AND CONTENT ARE PROVIDED “AS-IS” AND “AS AVAILABLE.”
cloud4rx DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF
OR CONTINUOUS AVAILABILITY OF THE cloud4rx SERVICES OR CONTENT. TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW, cloud4rx EXPRESSLY DISCLAIMS
ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES
IMPLIED FOR A COURSE OF PERFORMANCE OR COURSE OF DEALING. WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING, cloud4rx MAKES NO WARRANTY
THAT YOUR USE OF THE cloud4rx SERVICES OR CONTENT WILL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS TO THE cloud4rx SERVICES OR
CONTENT WILL BE CORRECTED, THAT THE cloud4rx SERVICES, CONTENT OR THE
SERVERS ON WHICH THEY ARE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS, OR THAT ANY INFORMATION OBTAINED BY YOU ON,
THROUGH OR IN CONNECTION WITH THE cloud4rx SERVICES OR THIRD PARTY
SERVICES (INCLUDING, BUT NOT LIMITED TO, THROUGH USER CONTENT OR THIRD
PARTY ADVERTISEMENTS) WILL BE ACCURATE, RELIABLE, TIMELY OR COMPLETE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, cloud4rx WILL NOT BE
RESPONSIBLE FOR ANY LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS
OF DATA, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) RESULTING FROM
USE OF THE cloud4rx SERVICES, CONTENT, PROBLEMS OR TECHNICAL
MALFUNCTION IN CONNECTION WITH USE OF THE cloud4rx SERVICES, CONTENT,
ATTENDANCE AT A cloud4rx EVENT, ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED IN CONNECTION WITH THE cloud4rx SERVICES OR CONTENT, ANY USER
CONTENT, ANY THIRD PARTY ADVERTISEMENT OR THIRD PARTY SERVICE
TRANSMITTED ON, THROUGH OR IN CONNECTION WITH THE cloud4rx SERVICES, OR
THE CONDUCT OF ANY USERS OF THE cloud4rx SERVICES OR CONTENT, WHETHER
ONLINE OR OFFLINE. YOUR USE OF POSTS, THIRD PARTY ADVERTISEMENTS, THIRD
PARTY SERVICES, AND THE GOODS OR SERVICES PROVIDED BY ANY THIRD
PARTIES IS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE cloud4rx SERVICES AND
CONTENT, AND ANY INFORMATION TRANSMITTED OR RECEIVED IN CONNECTION
THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED
PARTIES. YOU ASSUME RESPONSIBILITY, TO THE FULLEST EXTENT ALLOWED BY
APPLICABLE LAW, FOR THE ENTIRE COST OF ANY MAINTENANCE, REPAIR OR
CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY OR RECOVERY
OR RECONSTRUCTION OF LOST DATA NECESSITATED BY YOUR USE OF THE cloud4rx
SERVICES.
LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW, cloud4rx’S LIABILITY TO YOU FOR
ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL
AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO cloud4rx FOR
THE cloud4rx SERVICES AND CONTENT DURING THE TERM OF YOUR USE OF THE
cloud4rx SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KNG
TV WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OTHER
THAN THE AMOUNT PAID, IF ANY, BY YOU TO cloud4rx FOR THE cloud4rx SERVICES
DURING THE TERM OF YOUR USE OF THE cloud4rx SERVICES, INCLUDING ANY
OTHER GENERAL, DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, AND INCLUDING,
WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OR
INABILITY TO ACCESS OR USE THE cloud4rx SERVICES OR CONTENT.
YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF
cloud4rx’S ACTS OR OMISSIONS OR YOUR USE OF cloud4rx SERVICES OR CONTENT
ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION
OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY
PERSON’S ABILITY TO ACCESS OR USE ANY PORTION OF THE cloud4rx SERVICES OR
CONTENT.
THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER
BASIS, EVEN IF cloud4rx HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH
DAMAGES.
INDEMNITY
YOU AGREE TO INDEMNIFY AND HOLD cloud4rx, ITS AFFILIATES, STATIONS
AFFILIATED WITH cloud4rx, PRODUCERS OF CONTENT, EACH ADVERTISER, SPONSOR
AND THEIR ADVERTISING AGENCIES, SUBCONTRACTORS AND OTHER PARTNERS,
AND THEIR RESPECTIVE OFFICERS, AGENTS, PARTNERS AND EMPLOYEES,
HARMLESS FROM ANY LOSS, LIABILITY, CLAIM, OR DEMAND, INCLUDING, BUT NOT
LIMITED TO, REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO
OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR MISUSE OF THE
CONTENT OR THE cloud4rx SERVICES (INCLUDING, WITHOUT, LIMITATION, ANY USE
OF YOUR ACCOUNT, WHETHER OR NOT AUTHORIZED BY YOU), YOUR BREACH OF
THESE TERMS OF USE, YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, OR ANY
CONTENT THAT YOU TRANSMIT THROUGH THE cloud4rx SERVICES.
9. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
We
respect copyright law and expect our users to do the same. It is our policy to terminate in
appropriate circumstances subscribers or account holders who have been adjudicated as
repeat infringers on cloud4rx Services. We accept proper notifications of claimed copyright
infringements that comply with the appropriate subsection of 17 U.S.C. § 512 regarding
material or information location tools residing on our cloud4rx Services. Please direct
notifications of claimed copyright infringements to cloud4rx’s copyright agent by completeing
the form at www.KNGtv.com/static/support and selecting “Content” from the list of available
topics. You may also contact us by mail at:
Attention: Copyright Agent
cloud4rx, Inc.
2222 Colonial Road, Suite 111
Fort Pierce, FL 34950
10. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
(1) cloud4rx, including its Affiliates, agents, employees, predecessors in interest,
successors, and assigns, and you agree that any Dispute (as defined herein) between you
and cloud4rx, regarding any aspect of your relationship with cloud4rx, will be resolved in a
binding, confidential, individual and fair arbitration process, and not in court. Each of you
and cloud4rx agrees to give up the right to sue in court. The terms of this Section 10 are
referred to in these Terms of Use as the “Arbitration Agreement”.
(2) The term “Dispute” is to be given the broadest possible meaning that will be enforced,
and shall include any dispute, claim, demand, count, cause of action, or controversy
between you and cloud4rx, whether based in contract, statute, regulation, ordinance, tort
(including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or
any other intentional tort), or any other legal or equitable theory. The term “Dispute”
specifically includes, but is not limited to, any disputes, actions, claims, or controversies
between you and the cloud4rx that arise from or in any way relate to or concern any Content,
products or services provided by cloud4rx including but not limited to the cloud4rx Services
(as defined above), this Arbitration Agreement, any other aspect of these Terms of Use
(including their applicability and their conformance to applicable law), any billing disputes,
and any disputes relating to telephonic, text message, or any other communications either of
us received from the other. The only exceptions to this Arbitration Agreement are that (i)
each of you and cloud4rx retains the right to sue in small claims court and (ii) each of you
and cloud4rx may bring suit in court against the other to enjoin infringement or other misuse
of intellectual property rights. Disputes over whether these exceptions apply shall be
resolved by the court in which such action has been brought; all other disputes over
arbitrability shall be resolved by the arbitrator.
(3) Each of you and cloud4rx also agrees to give up the ability to seek to represent, in a
class action or otherwise, anyone but each of you and cloud4rx (see paragraph 9 below).
(4) There is no judge or jury in arbitration, and court review of an arbitration award is limited.
An arbitrator must follow this Arbitration Agreement. The arbitrator, however, can award on
an individual basis the same damages and relief as a court (including injunctive and
declaratory relief, or statutory damages); provided that they are recoverable under these
Terms of Use.
(5) These Terms of Use evidence a transaction in interstate commerce, and thus the Federal
Arbitration Act, 9 U.S.C. §§ 1-16, governs the interpretation and enforcement of this
Arbitration Agreement. This Arbitration Agreement shall survive termination of the Terms of
Use.
(6) Any arbitration between you and cloud4rx will be conducted by the Judicial Arbitration
and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules
& Procedures effective July 1, 2014 (the “JAMS Rules”), as modified by this agreement to
arbitrate. The arbitration shall be conducted by a single, neutral arbitrator, and if you and
cloud4rx cannot agree on who that single arbitrator will be, the arbitrator will be appointed
pursuant to the JAMS Rules, with the participation and involvement of cloud4rx and you
pursuant to JAMS Rule 12. The JAMS Rules are available on its website
at http://www.jamsadr.com/rules-streamlined-arbitration/. The Consumer Arbitration Minimum
Standards are available at https://www.jamsadr.com/consumer-minimum-standards/. The
arbitrator is bound by these Terms of Use.
(7) If either you or cloud4rx wish to arbitrate a claim, you or cloud4rx must first send by mail
to the other a written Notice of Dispute (“Notice”) that sets forth the name, address, and
contact information of the party giving notice, the specific facts giving rise to the Dispute, the
cloud4rx Service to which the Notice relates, and the relief requested. Your Notice to the
cloud4rx must be sent by mail to: cloud4rx Network, Inc, Attention: Arbitration Notice of
Dispute, 2222 Colonial Road, Suite 111, Fort Pierce, FL 34950. cloud4rx will send any Notice
to you at the contact information we have for you or that you provide. It is the sender’s
responsibility to ensure that the recipient receives the Notice. During the first 45 days after
you or we send a Notice to the other, you and we may try to reach a settlement of the
Dispute.
(8) If you and we do not resolve the Dispute within 45 days, either you or we may initiate
arbitration in accordance with the JAMS Rules. Further instructions on submitting a Demand
for Arbitration may be found
at http://www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf. In
addition to filing this Demand for Arbitration with JAMS in accordance with its rules and
procedures, you must send a copy of this completed Demand for Arbitration to the cloud4rx
at the address listed above to which you sent your Notice of Dispute.
(9) You and the cloud4rx acknowledge and agree to abide by the following rules for
arbitration:
- (a) YOU AND cloud4rx MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING, AND THE
ARBITRATOR SHALL HAVE NO POWER TO AWARD CLASS-WIDE RELIEF; - (b) cloud4rx
will pay arbitration costs as required by the JAMS Consumer Arbitration Minimum Standards
and consistent with paragraph 10 below; (c) the arbitrator may award any individual relief or
individual remedies that are permitted by applicable law and these Terms of Use; - and (d)
each side pays his, her or its own attorneys’ fees, except as otherwise provided in paragraph
10 below.
(10) JAMS charges filing and other fees to conduct arbitrations. Ordinarily, the claimant has
to pay the filing fee to initiate arbitration, but if you wish to commence an arbitration against
cloud4rx, you and the cloud4rx acknowledge and agree to abide by the following:
- If you are seeking to recover less than $10,000 (inclusive of attorneys’ fees), cloud4rx
will pay the filing fee on your behalf or reimburse your payment of it - If you are seeking to recover $10,000 or more, you will have to pay the filing fee
charged by JAMS, but cloud4rx will reimburse the filing fee if you prevail on all claims
decided upon by the arbitrator - cloud4rx and you agree that, if the claims to be arbitrated total less than $10,000
(inclusive of attorneys’ fees), the claim ordinarily should be decided on written
submissions only, without a telephonic or in-person hearing. cloud4rx will not request
a hearing for any claims totaling less than $10,000. This provision shall not be
construed by the arbitrator to deprive you of any rights you may have to a telephonic
or in-person hearing in your hometown area pursuant to the JAMS Rules. - cloud4rx and you agree that, if the claims to be arbitrated total $10,000 or more, the
arbitration will occur in a manner and place consistent with the JAMS Rules.
(11) Regardless of how the arbitration proceeds, each of you and cloud4rx shall cooperate in
good faith in the exchange of non-privileged documents and information as necessary in
accordance with the JAMS Rules, and the arbitrator shall issue a reasoned written decision
sufficient to explain his or her findings and conclusions.
(12) Each of you and cloud4rx may incur attorneys’ fees during the arbitration. Each side
agrees to pay his, her or its own attorneys’ fees unless the claim(s) at issue permit the
prevailing party to be paid its attorneys’ fees, and in such instance, the fees awarded shall
be determined by the applicable law(s). In addition to whatever rights you may have to
recover your attorneys’ fees under applicable law, if you prevail in the arbitration, and if KNG
TV failed to make a settlement offer to you before the arbitration or the amount you win is at
least 25% greater than cloud4rx’s highest settlement offer, then cloud4rx will pay your
reasonable attorneys’ fees in addition to the amount the arbitrator awarded. If cloud4rx wins
the arbitration, you will be responsible for your own attorneys’ fees. In addition, if the
arbitrator, at the request of the winning party, finds that the losing party brought a claim or
asserted a defense frivolously or for an improper purpose, then regardless of the amount in
dispute, the arbitrator must order the losing party to pay both sides’ arbitration fees and may
order the losing party to pay the winning party’s reasonable attorneys’ fees, unless such an
award of fees is prohibited by applicable law.
(13) The arbitrator may award declaratory or injunctive relief only in favor of the individual
party seeking relief, only to the extent necessary to provide relief warranted by that party’s
individual claim, only as permitted by applicable law, and only to the extent that declaratory
and injunctive relief are permitted by these Terms of Use. The arbitrator shall have no
authority to award punitive, exemplary, multiplied or consequential damages or any other
relief not allowed under this Arbitration Agreement. The arbitrator also may not order KNG
TV to pay any monies to or take any actions with respect to persons other than you, unless
cloud4rx explicitly consents in advance, after an arbitrator is selected, to permit the arbitrator
to enter such an order. Further, unless cloud4rx expressly agrees, the arbitrator may not
consolidate other persons’ claims with yours, and may not otherwise preside over any form
of a representative, multi-claimant or class proceeding.
(14) You and cloud4rx agree to maintain the confidential nature of the arbitration proceeding
and shall not disclose the fact of the arbitration, any documents exchanged as part of any
mediation, proceedings of the arbitration, the arbitrator’s decision and the existence or
amount of any award, except as may be necessary to prepare for or conduct the arbitration
(in which case anyone becoming privy to confidential information must undertake to preserve
its confidentiality), or except as may be necessary in connection with a court application for
a provisional remedy, a judicial challenge to an award or its enforcement, an order
confirming the award, or unless otherwise required by law or court order. In keeping with the
confidential nature of the arbitration, You and cloud4rx agree that an order confirming award
is only necessary if the obligations of the award have not been performed. Therefore, before
taking any steps to confirm the arbitration award, the party seeking confirmation of the award
must give the other party notice of its intention to confirm the award. If the party who would
be the respondent in any such confirmation proceeding performs its obligation under the
terms of the arbitration award within 15 business days of such notice, the party who gave
notice of its intent to confirm the award shall not seek to confirm or otherwise enforce the
award.
(15) With the exception of subpart (a) in paragraph (9) (i.e., the waiver of the ability to
proceed on behalf of multiple claimants or a purported class), if any part of this Arbitration
Agreement is deemed invalid, unenforceable, or illegal, then the balance of this Arbitration
Agreement shall remain in effect and be construed in accordance with its terms as if the
invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in
paragraph (9) is found invalid, unenforceable or illegal, then the entirety of this Arbitration
Agreement shall be null and void, but the rest of these Terms of Use, including the
provisions governing where actions against cloud4rx must be pursued, the choice of
governing law, and our mutual waiver of the right to a trial by jury, will remain in effect and
apply to any claim that, for this or any other reason, proceeds in court rather than in
arbitration.
11. TERMINATION. We may terminate your access to and use of the cloud4rx Services, at
our sole discretion, at any time and without notice to you. Without limiting the forgoing, we
may, at our sole discretion, without notice to you, terminate or restrict your Account or your
use of the cloud4rx Services, including the Content, or any portion thereof, at any time,
without liability, if cloud4rx determines in its sole discretion that you have breached these
Terms of Use, violated any law, rule, or regulation, engaged in other inappropriate conduct,
place an undue burden on our networks or servers or for any other business reason or no
reason. We may further use technology to limit activities, such as the number of calls to the
cloud4rx servers being made, and you agree to respect these limitations and not take any
steps to circumvent, avoid, or bypass them.
You may cancel your Account via the functionality provided in cloud4rx Services.
Upon any termination, discontinuation or cancellation of the cloud4rx Services or your
Account, the following Sections will survive 2(b)(ii), 2(f)(ii), 2(g), 2(h), 6, 8, 10, 11, and 12.
12. GENERAL INFORMATION
Export Controls. Software and the transmission of applicable technical data, if any, in
connection with the cloud4rx Services are subject to export controls. You agree to comply
with all applicable laws regarding software and the transmission of technical data exported
from the United States or the country in which you reside.
Choice of Law and Forum.
These Terms of Use are governed by, and construed in accordance with, the laws of the
State of Delaware, without regard to its conflict of law provisions.
Except with respect to Disputes to be resolved through an arbitration process in accordance
with the Arbitration Agreement contained above, you and cloud4rx agree to submit to the
exclusive jurisdiction of the courts located in Delaware to resolve any Dispute arising out of
the Agreement or the cloud4rx Services. YOU HEREBY KNOWINGLY, VOLUNTARILY AND
INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT
OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS,
COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF,
UNDER OR IN CONNECTION WITH THIS AGREEMENT.
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR
RELATED TO THIS AGREEMENT, THE cloud4rx SERVICES, OR CONTENT MUST BE
COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES.
AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
No Waiver/Reliance. If you see other parties violating these Terms of Use, you may let us
know at info@kngtvnetwork.com (subject line: “TOU Violation”). You may not rely upon KNG
TV’s response with respect to one party or one situation as any indication of what cloud4rx
might do with respect to another party or another situation, even if the parties or situations
appear to you to be similar. Similarly, if we fail to act in response to a violation of these
Terms of Use, you should not assume that we do not object to the violation or even that we
are aware of it. In addition, you may not construe a waiver of any provision of these Terms of
Use with respect to any party as a waiver of that provision (or any other provision) with
respect to either that party or any other party. Further, cloud4rx’s decision to delay
exercising or enforcing any right or remedy under these Terms of Use will not constitute a
waiver of such right or remedy. Even if cloud4rx acts in a way that appears to you to be
inconsistent with these Terms of Use, cloud4rx’s action will not be deemed a waiver or
constructive amendment of these Terms of Use. cloud4rx’s failure to enforce any right or
provision of these Terms of Use will not be considered a waiver of such right or provision.
The waiver of any such right or provision will be effective only if in writing and signed by a
duly authorized representative of cloud4rx. Except as expressly set forth in these Terms of
Use, the exercise by either party of any of its remedies under these Terms of Use will be
without prejudice to its other remedies under these Terms of Use or otherwise.
Integration, Amendment, and Severability. Please note that these Terms of Use, including
any end user license agreement that might accompany cloud4rx authorized applications,
features and devices, constitute the entire legal agreement between you and cloud4rx and
govern your use of the cloud4rx Services (including your use of the Content) (but excludes
any services, if any, that cloud4rx may provide to you under a separate signed written
agreement), and completely replace any prior oral or written understandings or agreements
between you and cloud4rx in relation to the cloud4rx Services, including Content. Except as
set forth in Section 1 above, these Terms of Use may not be amended or varied except in a
writing signed by cloud4rx. Although we understand that electronic or digital signatures are
frequently viewed as the equivalent of traditional written signatures these days, for these
purposes, a signature or “signed” writing or written agreement may not include an electronic
or digital signature. These Terms of Use operate to the fullest extent permissible by law. If
any provision of these Terms of Use is held to be unlawful, void, or unenforceable, you and
we agree that the provision will be enforced to the maximum extent permissible and the
other provisions of these Terms of Use will remain in full force and effect.
Assignment. You may not assign or transfer these Terms of Use, by operation of law or
otherwise, without cloud4rx’s prior written consent. Any attempt by you to assign or transfer
these Terms of Use, without such consent, will be null. cloud4rx may freely assign or transfer
these Terms of Use without restriction. Subject to the foregoing, these Terms of Use will
bind and inure to the benefit of the parties, their successors and permitted assigns
Notices. Any notices or other communications provided by cloud4rx under these Terms of
Use, including those regarding modifications to these Terms of Use, will be given: (i) via
email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will
be deemed the date on which such notice is transmitted.
Contact. If you have any questions about these Terms of Use, please submit your questions
at www.KNGtv.com/static/support and select “Terms of Use & Privacy Policy” from the list of
available topics. If you have general questions about cloud4rx or how to use it, please visit
our Help Center at https://KNGtv.com/static/support
