KOFIT & Star Vizn Inc.
Terms of Service
Last Revised October 27, 2017
Section 1: Services Overview.
These Services provide online training classes.
1.1 Use of Services. Viewing or participating in our videos and classes is solely for your personal use and not for commercial reproduction. You are granted a limited and non-transferable license to view and access the KOFIT courses via the APP. You may not use the Services for a public performance or demonstration and you have no rights or title to the courses apart from the limited license for viewing mentioned above.
1.2 Services Eligibility. By agreeing to this Terms of Service, you also represent and warrant to us: (i) that your registration and your use of the Services is in compliance with any and all applicable laws and regulations; and (ii) that you have not previously been suspended or removed from the Services. If you are under 13 years of age, you are not authorized to use the Services, with or without registering.
1.3 Account Registration. To access the Services, you must register for an account with KOFIT. When you register you will be required to provide some information about yourself to us. You agree that the information you provide to us is accurate and up-to-date. When you register, you will also be asked to create a password. You agree to accept responsibility for all activities that occur under your account. You also agree that it is solely your responsibility to maintain the confidentiality of your password and account. You must promptly notify us if you have reason to believe that your account is no longer secure, at firstname.lastname@example.org. We are not liable for any loss or damage arising from your failure to comply with this Section.
1.4 Modification, Discontinuation, and Termination of Use of the Services.
Violating provisions of this Terms of Service may lead to termination of your permission to use the Services. Please note that we reserve the right to terminate your account on the Services or suspend or terminate your access to the Services at any time, in our sole discretion. We will provide notice for termination of some features of the Services and we also reserve the right to discontinue or modify the Services at any time. We will have no liability for any change to the Services or any termination or suspension of your use of or access to the Services in relation to any violation. You may terminate your account at any time by contacting customer service at email@example.com. If your account is terminated for any reason, you will be obligated to pay all outstanding fees, relating to your use of the Services incurred prior to termination.
1.5 Mobile Services. Use of the Services may be made available on mobile devices or on a mobile application in addition to a web browser. You are responsible for all costs incurred by you with respect to your usage of the Services on any device. In the event you change or deactivate your mobile telephone number, you should promptly update your account information to ensure that your messages are not sent to the individual who acquires your previous phone number.
Section 2: Conditions of Use
2.1 User Content and Conduct. A User is someone who visits or registers an account with our Services. If you upload or share content or other materials through the Services (collectively, “User Content”), you represent and warrant that you own all right and title to such User Content, including all copyrights and rights of publicity contained therein. You are responsible for any user content you upload or provide to the Services. We prohibit certain conduct and reserve the right to investigate and take legal action against anyone who violates the conditions of use and remove any content. If you upload any User Content, you grant us a nonexclusive, worldwide, royalty free, paid up front, transferable, sublicensable, perpetual license to copy, display, upload and change otherwise use and fully utilize the User Content in any and all forms now known or later developed and for any and all purposes.
2.2 User Privacy and Security. You acknowledge and agree that any feedback you provide to the Services (“Submissions”) is not confidential. KOFIT is entitled to the unrestricted use of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. We may preserve content and/or disclose content if required by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to any claims that content violates the third party rights; or (d) protect the rights, property, or personal safety of KOFIT, its users and the public. You understand that the technical processing and transmission of the Services, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
A User of our Services agrees not to:
Infringe upon any proprietary rights or intellectual property of another party or upload content for which you do not have the right to dispense
Upload content containing viruses
Create a privacy or security risk for a person
Upload or share information that would constitute spam or unsolicited marketing content
Upload or share content that is threatening, abusive, libelous, invasive of another’s privacy, defamatory, harassing, vulgar, obscene or otherwise objectionable
Share content that KOFIT finds objectionable, in the sole judgement and discretion of KOFIT.
Section 3: Fees and Refunds.
3.1 Fees. The KOFIT Services are a paid, auto-renewing subscription service. If you select our subscription plan services, you must provide us with a credit card for payment. By providing your credit card information, you represent and warrant to us that this information is accurate and that you are authorized to use this payment instrument. You must update any payment information should that information change. You agree to pay us the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Service. You authorize KOFIT to bill your payment instrument in advance until you terminate your account, and you further agree to pay any charges so incurred. If you choose to dispute any charges you must let us know within sixty (60) days after the date that KOFIT charges you. Please note that we reserve the right to change our subscription pricing over time. If you continue to use the Services after a pricing change, you use constitutes consent to the pricing changes.
3.2 Refund Policy. For our auto billing subscription service, we do not offer a refund. We can offer to cancel your subscription for the next billing period upon written notice from you.
Section 4: Intellectual Property Rights.
4.1 KOFIT Content and Intellectual Property Rights. All content offered through this Site and Services, including without limitation: software, graphics, code, API, graphics, sounds, interactive features, videos, trademarks, logos, and all text found on the Site, are owned by or licensed to KOFIT and are subject to trademark, copyright, patent protection and other intellectual property rights under United States laws. KOFIT reserves all rights not expressly granted and this Agreement do not transfer ownership of any of these rights. Neither you nor any third party shall make any use of KOFIT Content in any manner that constitutes an infringement of our rights, or that has not been authorized by us.
4.2 Third Party Material. We are not liable for content or materials of any third parties, including your material, such as errors or omissions in content, or for any loss or damage of any kind incurred as a result of the use of any such content. By using KOFIT, you acknowledge that we do not pre-screen content, but that we do have the right to refuse or remove content in the Services. We have the right to remove any content that violates these Terms of Service or we deem to be otherwise objectionable in our sole discretion. You agree that you will consider and bear all risks associated with, the content use and reliance on the accuracy, completeness, or usefulness of content.
Section 5: Third Party Websites.
KOFIT may have links to other Internet websites and resources, but has no control over these websites. While you may access certain websites through KOFIT, you agree not to hold us responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of another website or resource. We are not liable for claims you may have against any third party websites.
Section 6: Social Networking Services.
6.2 Disclaimer for Social Networking Services. Note that the manner in which Social Networking Services utilize and store your information is governed by the policies of these third parties, and we shall have no liability or responsibility for the privacy practices of third party sites or services that may be enabled within the Service. Additionally, we are not responsible for the accuracy, availability or reliability of any information or content made in connection with any Social Networking Services. As such, we are not liable for any damage or loss caused or alleged to be caused by the use of or reliance on any such Social Networking Services. We enable connection to Social Networking Services as an added benefit for you and for your convenience; this inclusion is not an endorsement or recommendation.
Section 7: Indemnity and Release.
7.1 Indemnification. You agree to defend indemnify and hold the KOFIT harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, connected with any of the following (including as a result of your direct activities on the Services): (i) your information shared on the Services or your use of the Services; (ii) your breach or alleged breach of these Terms of Service; (iii) your violation of any third-party right, including any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental authorities or (v) any misrepresentation made by you. You are to cooperate as fully required by KOFIT in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of KOFIT. 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.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
7.2 Disclaimer of Warranties. YOU AGREE TO USE OF THE SERVICES AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
7.3 Limitation of Liability. We are not liable to you for any indirect, special, incidental, punitive or consequential damages (including, damages for loss of profits, goodwill, data, or other intangible losses) arising out of or relating to your use of or access to, or your inability to use or access, the Services, whether based on contract, warranty, tort, statute or any other legal theory, whether or not the we have been informed of such damage possibility, or whether based on (i) the use of the Services; (ii) costs of substitute goods results from any goods purchased from the Services; (iii) unauthorized access to your data or transmitted information; or (iv) third party conduct made on the Services. KOFIT’s total liability for damages will not exceed the amount you have paid for the Services in the last twelve (12) calendar months or, if greater, one hundred and twenty-five dollars ($125).
7.4 Arbitration. By using these Services, you consent that you and KOFIT will resolve disputes arising in connection with these Terms of Service through arbitration. Arbitration can be subject to limited review by courts, however, it can award the same damages and relief that a court can. This agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms of Service, whether based in tort, tort, fraud, statute, misrepresentation or any other legal theory, whether the claims arise during or after the termination of these Terms. Any arbitration between you and KOFIT will be conducted before JAMS. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of limitations expressed here in the Terms of Service and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms of Service, and each party hereby irrevocably waives any claim to such damages. The arbitrator may assess costs and expenses (including the reasonable legal fees and expenses of the prevailing party) against any party to a proceeding. If a party refuses to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award.
7.5 Exceptions to Arbitration. Notwithstanding Arbitration section above, both you and KOFIT agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to (i) to file suit in a court of law to address intellectual property infringement claims, (ii) bring an individual action in small claims court, (iii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, or (iv) seek injunctive relief in a court of law.
7.6 User Disputes. You agree to be solely responsible for your actions while using the Services. You agree that KOFIT will have no liability or responsibility with respect for your actions. We reserve the right, but have no obligation, to become involved in any way with disputes between you and any other user of the Services.
7.8 Your Privacy