Terms of Service

When we say “our”, “us”, “we” or “Kiwishort” in these Terms of Service (these “Terms”), we mean Kiwishort LLC. These Terms apply to the websites. These Terms are subject to, and shall also include, the other Terms and Policies.

1. ACCEPTANCE OF TERMS; MODIFICATIONS

These Terms set forth the agreement between you and Kiwishort that apply to your use of the Services and what responsibilities you and Kiwishort have to each other. These Terms contain important information regarding your legal rights. You agree and represent that you have read, understand and agree to be legally bound by these Terms. BY USING OR OTHERWISE ACCESSING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS (INCLUDING, BUT NOT LIMITED TO THE PRIVACY POLICY AND THE OTHER TERMS AND POLICIES). Please read them carefully.

If you do not agree to these Terms, you may not access or otherwise use the Services.

Modifications: Kiwishort may modify these Terms, and such changes will be effective, and will be deemed accepted by you, the earlier of your next access or use of the Services after we have made such changes or 30 days following the earlier of either notification to you or our posting of the changes to the Services. We encourage you to check back here for any such changes from time to time. YOUR ACCESS TO OR USE OF THE SERVICES IS GOVERNED BY THE THEN-CURRENT TERMS.

Any form of transfer or sublicense, or unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, or exploitation (commercial or otherwise), of any portion of the Services, including but not limited to any content, services, digital products, tools or products, is hereby expressly prohibited.

2. PERMITTED USE

Our Site is for your personal and non-commercial use only. You have no right to use or otherwise access our Services for commercial use. Our Site contain material that is derived in whole or in part from material supplied and owned by Kiwishort or other sources. Such material is protected by copyright, trademark and other applicable laws. Unless otherwise agreed to in writing by Kiwishort, you agree that you will not use the Services, or duplicate, download, publish, modify or otherwise distribute or use any material in the Services for any purpose, except for your personal, non-commercial use. You also agree that you will not link to any page of the Site other than the home page (for example, "deep linking"), without Kiwishort's prior written consent. Use of the Services or any materials or content on the Services for any commercial or other unauthorized purpose is prohibited. You acknowledge that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You may not download (other than page caching) or modify the Services or any portion of them unless we have provided you with express written consent. You shall not make a derivative use of the Services (or any part thereof) for any purpose, nor shall you download or copy information of users, or otherwise engage in data mining or similar data gathering.

3. REGISTRATION, ACCOUNTS AND PASSWORDS

You may be asked to register for an account, and provide information as part of that registration, in order to use some of the Services. If you establish an account with us, you agree to provide true and accurate data on our account registration form, and to update and keep such data current. You agree that we may take steps to verify the information you provide. You may receive a password and account upon completing the registration form. You are solely responsible for maintaining the confidentiality of your password and account, and you are solely responsible for all use of your password or account, whether authorized by you or not. You shall not allow other persons access to or use of such username or password. You shall not post your username or password on any website nor transmit it through unsecured sites. You agree to (a) immediately notify Kiwishort of any unauthorized use of your password or account or any other breach of security and (b) ensure that you exit from your account each time you use the Services. Access and use of password-protected and/or secure areas of the Services is restricted to users who have been given a valid password by Kiwishort. We may terminate your membership and access to the Services if we learn that you have provided us with false or misleading registration data. If we feel your username and password are insecure or otherwise problematic, we may require you to change it or terminate your account. We may terminate your account for any or no reason.

4. DEVICES AND CHARGES GENERALLY

You are solely responsible for obtaining all devices and software, internet connectivity, mobile service, and other services needed for your use of the Services, and you will be solely responsible for all charges related to them. Your carrier or internet service provider may charge fees for or restrict certain.

5. PRIVACY POLICY

Your use of the Services and any information provided by you or gathered by Kiwishort or third parties during any visit to or use of the Services is governed by the Privacy Policy which is incorporated by this reference. You agree to Kiwishort's collection, use and sharing of your information as set forth in the Privacy Policy.

6. USER CONDUCT AND SUBMISSIONS

You are responsible for your use of the Services and the Site, and for any consequences thereof, including any information or materials you choose to make available, public or private communications transmitted through the Services or the Site (including posts), usernames and passwords that you provide to the Services or the Site, including those usernames and passwords provided by you for access to various third party services (e.g., social networking and other accounts that you wish to link with your account on the Site).

You agree that you will not (and you will not induce others to) use the Services (or attempt to use the Services) for an unlawful purpose, to commit an act of deception, fraud or abuse or violation of Kiwishort’s or any other company’s terms, or to:

Interfere with any other user from using and enjoying the Services;

Collect information about other users or third parties via the Services or use any such information for the purpose of transmitting or facilitating transmission of unauthorized or unsolicited advertising, junk or bulk e-mail, chain letters, or any other form of unauthorized solicitation;

Engage in the systematic retrieval of data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database or directory, without Kiwishort's prior written consent;

Solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in illegal schemes or plan or participate in scams involving other users;

Attempt to gain unauthorized access to other computer systems or networks connected to the Services;

Take actions for the purpose of manipulating or distorting, or that may undermine the integrity and accuracy of, any ratings or reviews of any service or product that may be presented by the Services;

Contribute to the Services any rating or review whose outcome was influenced by a financial or other incentive you receive to make such rating or review positive or negative; or

Provide fictitious information or conceal your identity or location, including, but not limited to, in an attempt to circumvent limits associated with promotional or other offers.

Additionally, you agree that you will not (and you will not induce others to) use the Services (or attempt to use the Services) to upload, post, or otherwise distribute or facilitate distribution of any material that:

Is libelous, defamatory or slanderous;

Is sexually suggestive or contains explicit sexual content (or nudity);

Does or may denigrate or offend any individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

Does or may threaten, abuse, harass, or invade the privacy of any third party;

Is fraudulent or infringes the rights of any third party, including, without limitation, patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights;

Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spam"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

Contains a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment, or to damage or obtain unauthorized access to any data or other information of any third party;

Encourages conduct that would constitute a criminal offense or give rise to civil liability;

Impersonates any person or entity, including any employee or representative of Kiwishort; or

Violates any applicable law or these Terms.

Certain areas on the Services may include opportunities for you or others to upload, post, transmit or otherwise distribute (“Upload”) on or through the Services photos, other images, text, commentaries, reviews, audio and video, “Feedback” (defined as suggestions, comments or other feedback you provide to us), posts, public or private messages or other content from you (“User Materials”). Except as may be explicitly requested in connection with particular programs or promotions, Kiwishort is not requesting, and is unwilling to review, ideas or materials relating to characters, storylines, treatments, scripts, artwork, visual or audio-visual content, or other artistic or creative works (whether relating to pre-existing Kiwishort properties or not). Except as expressly set forth in these Terms, you shall continue to own all rights in and to your User Materials, except to the extent your User Materials contain or are otherwise derived from materials, content, or elements owned by Kiwishort or any of our affiliated companies or partners or companies that own the intellectual property related to the tickets, movies, shows or other content or items we may sell (e.g., characters or other elements created or owned by us or entertainment producers or distributors). You alone are responsible for your User Materials, and once published, it cannot always be withdrawn. You assume all risks associated with your User Materials, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your User Materials that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of, your User Materials as described herein. You must not imply that your User Materials is in any way sponsored or endorsed by Kiwishort.

You may expose yourself to liability if, for example, your User Materials contain material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation. All User Materials must comply with these Terms. Specific additional rules or terms may apply to the submission of User Materials. In any event, any User Materials you send to us will not be treated as confidential.

7. MONITORING

Kiwishort may, but has no obligation to, monitor, examine, record, copy and disclose your use of the Services including as necessary to satisfy any law, regulation or governmental request. We reserve the right to take, or refrain from taking, any and all steps available to us, once we become aware of any violation of these provisions, including, but not limited to, modifying or removing any User Materials, warning users, suspending users and passwords you use to access the Services, terminating accounts, blocking access to the Services or taking other corrective action we deem appropriate. You are solely responsible for your use of the Services, User Materials, and any interaction with other users of the Services, and we reserve the right, but shall have no obligation, to become involved in any way or to monitor disputes between you and any other users of the Services.

8. GRANT OF LIMITED LICENSE

User Materials. Kiwishort may use User Materials in a number of different ways, including publicly displaying it, reformatting it, incorporating it into other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant Kiwishort and its affiliates and licensees a world-wide, perpetual, non-exclusive, royalty-free, fully paid up, assignable, sublicensable through multiple tiers (including to other users of the Services), transferable rights to use, including, but not limited to the right to copy, publicly perform, publicly display, reproduce, adapt, distribute, modify, translate, remove, analyze, commercialize, prepare derivative works based on, incorporate in other works, and/or otherwise exploit, in whole or in part, User Materials (including your name, likeness and voice as it appears in that User Materials) in any manner and any media now known or hereafter developed, without further notice to you, and without the requirement of compensation or additional permission from you or any other person or entity. Please note that you also irrevocably grant the users of the Services and any Other Media the right to access User Materials in connection with their use of the Services and any Other Media. To the extent permitted by applicable law, you hereby irrevocably waive, and cause to be waived, and agree not to assert any moral rights or other proprietary rights in any User Materials against us, our licensees, our representatives or other users. You agree that Kiwishort may give you attribution for your User Materials, but we are not required to do so. You represent and warrant that you own all User Materials or otherwise have sufficient rights in the content to grant to Kiwishort the foregoing license without infringing or violating the rights of any third party, and that neither Kiwishort nor anyone else shall have any liability to you or any third party with respect to any use or disclosure of User Materials. You acknowledge that we are under no obligation to pay you or anyone else for any use or disclosure of User Materials. You hereby confirm, represent and warrant that: (a) your User Materials will be not be subject to any obligation, of confidence or otherwise, to you or any other person; (b) your posting of the content on or through the Services does not violate the privacy rights, publicity rights, copyrights or other rights of any other person; and (c) your posting is in accordance with these Terms and that we shall not be liable for any use or disclosure of such User Materials. We reserve the right (but do not assume the obligation) in our sole discretion to reject, move, edit or remove any User Materials that are contributed to the Services or Site. You acknowledge that we do not verify, adopt, ratify, or sanction User Materials, and you agree that you must evaluate and bear all risks associated with our use of User Materials or our reliance on the accuracy, completeness, or usefulness of User Materials.

Public Nature of Kiwishort. You acknowledge that you Upload any User Materials voluntarily, and have no expectation of privacy or confidentiality with respect to any User Materials you Upload, and that no fiduciary relationship exists between us and you or any other party based on the User Materials. Although we may offer you the ability to Upload User Materials anonymously, we may store your account information. We make no guarantees to remove User Materials from the Services or other sites, and we may retain User Materials in our backup files, including after termination of your account.

No Responsibility for User Materials. Kiwishort is not responsible or liable for any User Materials and we have no obligation to investigate, monitor or correct any User Materials (e.g., for accuracy or completeness) except as provided in these Terms. User Materials may not reflect the views of Kiwishort and we do not endorse any User Materials that you or other users Upload.

Infringement Policy. If you believe that any User Materials is defamatory or infringes your intellectual property, please send a written notice following the rules in our Infringement Policy to request a review of the alleged infringement. Pursuant to 17 U.S.C. Section 512 as amended by Title II of the U.S. Digital Millennium Copyright Act of 1998, we reserve the right to remove your User Materials.

9. COPYRIGHTS

Kiwishort respects the intellectual property of others, and we ask our users to do the same. The Digital Millennium Copyright Act of 1998 (the "Act") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Kiwishort, pursuant to the Act, reserves the right, but not the obligation, to terminate your license to use the Services if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Therefore, in compliance with the Act, if you believe that any such third party materials infringe your intellectual property rights, please send a notice to the Email ([email protected]) to request a review of the alleged infringement. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Kiwishort to locate the material on the Services; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Kiwishort a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.

Kiwishort suggests that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that there can be penalties for false claims under the DMCA.

10. PROPRIETARY RIGHTS

As between you and Kiwishort, Kiwishort owns all right, title and interest in and to the Services and all materials and content contained in the Services, including, without limitation, all content, site design, logos, button icons, images, digital downloads, data compilations, text, and graphics are protected by copyright, trademark and other intellectual property laws. Any unauthorized use of such materials or content is strictly prohibited.

Permission is granted solely to use the Services solely for personal consumer use, and not for commercial exploitation. Any other use of the Services, including reproduction, modification, distribution, or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of Kiwishort is strictly prohibited. You also agree that you will not collect data from, or use any automated method (including, but not limited to robots, scripts, spiders, data extractors or other automated means) to collect data from, access or search, the Services, unless Kiwishort has separately given its express written authorization to do so. Without limiting the foregoing, you agree that you shall not (a) use any robots, spiders, crawlers, devices, scripts or other data gathering or extraction software and/or tools, whether automated or manual, to access, acquire, copy, monitor, scrape, data mine, or aggregate any content or any portion of the Services for any purpose, or (b) use any content or portion of the Services for the purpose of directly or indirectly training, developing or improving a software tool or service, including any artificial intelligence tool, model, system or platform.

Except as expressly stated in these Terms, nothing in these Terms shall be deemed to convey to you any right, title or interest in or to the Services or any content available through the Services. To the extent the Services include an explicit authorization with respect to certain content (e.g., the right to repost content on social media), Kiwishort hereby grants you a limited, revocable license to post or upload such content onto your personal social media account(s) without modification and in accordance with the restrictions in these Terms or any other terms associated with such content. To the extent we authorize you to create, upload, publicly display or publicly perform materials that are derived from our content, we grant you a non-exclusive license to create a derivative work using the specifically referenced content only in accordance with such authorization. You assign to us all rights worldwide in the work you create for the duration of copyright in the content you create using our content, in all formats and media known or unknown to date, including for use on third party sites and platforms. If such assignment is invalid, your license to create derivative works using our content is null and void.

Kiwishort's service marks/trademarks may not be used in connection with any product or service that is not provided or authorized by Kiwishort, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Kiwishort.

11. CHILDREN'S ONLINE PRIVACY PROTECTION ACT NOTIFICATION

The Services and the Site is not designed or intended for use by children under 18, and thus all users must be at least 18. If you are under 18, you should use Kiwishort only with involvement and permission of a parent or guardian. Some of our Services or portions of the Site, including Movies Anywhere-enabled features, may require you to be over the age of 18 or the age of majority for your state; please see the terms and conditions of the relevant Services for more details.

Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that may be harmful to minors. Information identifying certain providers of such protections is available at the Electronic Frontier Foundation Web site, http://www.eff.org.

12. DISCLAIMER OF WARRANTIES

While Kiwishort uses reasonable efforts to include up to date information on the Site and other Services, Kiwishort makes no warranties or representations as to its accuracy, timeliness, reliability, availability, completeness or otherwise.

KIWISHORT PROVIDES THE SITE AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. KIWISHORT, ITS AFFILIATES, AGENTS AND LICENSORS (COLLECTIVELY, THE "KIWISHORT PARTIES") DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, OR LIABILITY FOR FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAYS IN OPERATION OR TRANSMISSION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE. WITHOUT LIMITING THE FOREGOING, KIWISHORT DOES NOT WARRANT THAT THE SITE OR SERVICES WILL (1) BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. YOUR USE OF THE SITE AND SERVICES IS SOLELY AT YOUR RISK. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

13. EXCLUSION OF DAMAGES

NONE OF THE KIWISHORT PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF KIWISHORT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF THE KIWISHORT PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE OR SERVICES. WITHOUT LIMITING THE FOREGOING, KIWISHORT WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH PARAGRAPH 3 (REGISTRATION, ACCOUNTS AND PASSWORDS) OR (2) CONTENT POSTED TO THE SITE OR SERVICES BY YOU OR ANY THIRD PARTY.

14. LIMITATION OF LIABILITY

IN NO EVENT WILL THE KIWISHORT PARTIES' AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SITE AND SERVICES OR THESE TERMS EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO KIWISHORT IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY, OR $10, WHICHEVER IS LESS. KIWISHORT SHALL NOT BE RESPONSIBLE FOR, OR HAVE ANY LIABILITY FOR, ANY ACTIONS, OMISSIONS, OCCURRENCES, INJURIES OR DAMAGES THAT OCCUR ON OR NEAR ANY THEATER OR OTHER LOCATION, OR IN CONNECTION WITH ANY SERVICE OR PRODUCT, TICKETED OR MADE AVAILABLE THROUGH KIWISHORT’S SERVICES OR SITE; YOU WILL LOOK SOLELY TO THE OPERATORS AND PROVIDERS OF SUCH THEATERS, LOCATIONS, SERVICES AND PRODUCTS WITH RESPECT TO ANY SUCH LIABILITY (IF ANY).

YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF THE ACTS OR OMISSIONS OF THE KIWISHORT PARTIES OR YOUR USE OF THE SERVICES 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 ANY PORTION OF THE SERVICES OR THE DISPLAY, PERFORMANCE OR DISTRIBUTION OF OUR CONTENT.

15. APPLICABILITY OF DISCLAIMERS, EXCLUSIONS AND LIMITS

BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, KIWISHORT'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU TO THE EXTENT NOT PERMITTED BY THE APPLICABLE JURISDICTION.

16. INDEMNIFICATION

You will indemnify and hold harmless the Kiwishort Parties, and at Kiwishort's option defend the Kiwishort Parties, from and against any damage, loss, cost or expense (including without limitation, legal fees and costs) incurred in connection with any third-party claim, demand, proceeding or action ("Claim") brought against any of the Kiwishort Parties arising out of your use of the Services or any alleged breach by you of any provision of these Terms, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity. If you are obligated to indemnify any of the Kiwishort Parties, Kiwishort may, in its sole and absolute discretion, control the defense and disposition (including its possible settlement) of any Claim at your sole cost and expense. Without limitation of the foregoing, you will not settle, compromise or in any other manner dispose of any Claim without the written consent of Kiwishort.

17. TERMINATION

In its sole and absolute discretion, with or without notice to you, Kiwishort may change, suspend or terminate your use of and access to the Services, terminate your account and/or remove and discard anything transmitted by you, or information stored, sent, or received via the Services without prior notice in our sole discretion or for any reason, including, but not limited to: (i) concurrent access of the Services with identical user identification, (ii) permitting another person or entity to use your user identification to access the Services, (iii) any unauthorized access or use of the Services, (iv) any violation of these Terms, (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Services, (vi) failure to use the Services on a regular basis, or (vii) abuse, deception or fraudulent behavior. Such suspension or termination may include, but not be limited to, suspension or termination of access or rights to receive any content. You may terminate your account for any reason through means made accessible through our Site and other Services. Kiwishort shall not be liable to you or any third party for any claims or damages arising out of any change, termination or suspension of the Services. Changes, termination, suspension, or cancellation of the Services or your access rights shall not affect any right or relief to which Kiwishort may be entitled, at law or in equity, and all rights granted to you will automatically terminate and immediately revert to Kiwishort. Upon termination, suspension or cancellation, all rights granted to you in these Terms will automatically terminate and immediately revert to Kiwishort. Following such Termination, suspension or cancellation, these Terms shall remain in full force and effect with respect to your past and future use of the Services, including all rights granted by you to us, We make no representations or warranties about the quality, accuracy, or availability of the Services, including, but not limited to blackouts, location or device-based limitations or compatibility, or content-viewing windows.

18. GENERAL

Licensors of the Services are third-party beneficiaries to these Terms. No failure or delay by Kiwishort in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms. Unless otherwise expressly provided herein, the invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect. You agree that regardless of any statute or law which establishes a different statute of limitations, to the maximum extent permitted under applicable law, any claim or cause of action arising out of, related to or connected with the use of the Services, or these Terms, our Privacy Policy, or our other Terms and Policies, or other Kiwishort transactions or relationships must be filed within one (1) year after such claim or cause of action arose or be forever barred. The paragraph or section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms represent the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered or waived except in writing by the party to be charged. The paragraph or section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms are binding upon and shall ensure to the benefit of parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. You shall not assign your rights or obligations hereunder without Kiwishort's prior written consent and any assignment without our consent shall be void and invalid at the outset.

Disputes to Be Heard in Court. We and you agree that any complaint, dispute, or disagreement, whether based on past, present, or future events, arising out of or related in any way to these Terms or other Terms and Policies or regarding (i) your use of or interaction with the Services, (ii) any purchases or other transactions or relationships related to your use of the Services, or (iii) any data or information you provide to us or we gather in connection with such use, interaction or transaction will be resolved in federal or state (including small claims) court and neither party shall be required to arbitrate any claims against the other. Any unfiled claims following the effective date of this agreement shall be resolved in federal or state (including small claims) court as the case may be and this dispute resolution procedure expressly supersedes any prior provision of any agreement.

Applicable Law. The Terms and Policies and the relationship between you and us shall be governed by the laws of the U.S. and the State of New York without regard to its conflicts of law provisions. Except as provided in applicable other Terms and Policies, you agree that the Convention on Contracts for the International Sale of Goods does not apply to your use of the Services or the Terms and Policies. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country in which you reside.

Jurisdiction and Venue. Any action or proceeding arising from, relating to or in connection with the Terms and Policies will be brought exclusively in the federal or state courts located in New York County, New York, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.

Electronic Notice. You consent to receive notices, including agreements, disclosures, and other communications, electronically from us at the email address you have provided. You agree that these electronic notices satisfy any legal requirements that such communications be in writing.

Designation of Agent. You hereby appoint us as your agent with full authority to execute any document or take any action we may consider appropriate to confirm the rights granted by you to us in these Terms.

Survival. The provisions of these Terms which by their nature should survive the termination of these Terms shall survive such termination, including but not limited to the restrictions, disclaimers, limitations, our rights to use content, limitation of liability, rules regarding dispute resolution in and the general provisions in this section.