TERMS & CONDITIONS
Your entry to and use of this website (the "Site") is conditional to these Terms and Conditions of Use. By entering this Site, the customer ("you") agrees to abide by these Terms and Conditions of Use, even if you have not read them. Do not enter this website if you do not agree to these Terms and Conditions of Use. This site is administered to you by Digital KO LLC (Registered Address : Digital KO LLC, 1201 Orange Street Suite 600, One Commerce Center, Wilmington, DE 19801, USA). Digital KO LLC can change these Terms and Conditions of Use at any time. Any changes will be effective immediately upon being posted on this Site. Your ongoing use of this Site will demonstrate have accepted these modified Terms and Conditions of Use.
COST AND AVAILABILITY
The products on this site are offer on an availability basis; all products are subject to availability. It is further stated that the availability to make a purchase of product types or individual products is conditional to any changes by Digital KO LLC in its own discretion. These changes can be made at any time and time without notice. Any specific products mentioned in these Terms of the site are not ensured that such named products are immediately available for purchase on the Site or otherwise, at any given time. The costs stated for such items or services are also under the condition which changes can be made without notice. Additionally, Digital KO LLC has the right to make a reduction to monthly recurring fees at any time in the purpose of promotion without notice.
RELIANCE ON INFORMATION
It is possible that misprinted information is included on this site, any errors will be changed as soon as possible at the discretion of Digital KO LLC.
CHANGES TO THE SITE
Names, product descriptions, text, software, pictures, logos and other trademarked material may be changed on this site at any time and at the sole discretion of Digital KO LLC.
TERMS AND CONDITIONS NECESSARY CHANGES
Digital KO LLC reserves the rights to many any and all changes to the Terms and Conditions of use throughout this site. These changes could include differences made to policies and privacy issues. These alterations to the policies will become effective at the time the change is made and posted to the site. By entering the site you agree to occasionally review the Terms and Conditions of use to ensure you understand any modifications that have been made. By continuing to use the side you are showing acceptance of these changed conditions of use. It is necessary to immediately stop the use of this site if you no longer agree to the Terms and Conditions.
Digital KO LLC privacy statement is the governing information regarding personal information practices throughout the site. Reviewing this privacy statement and keeping a copy for yourself is appropriate if you have any questions about the policy. The site will not purposefully collect personal information from people who are under the age of 13.
Third party companies and websites may have links throughout this site. The presence of these links to other websites is for your convenience and not an endorsement by Digital KO LLC. It is not the intention of this site to endorse third party products or services and no implied endorsement should be considered. Any opinions or recommendations by other websites are not the opinion of Digital KO LLC or its affiliates. If you use a third party website you are doing so under the conditional acceptance of their terms and conditions as well as their privacy policies.
By registering for this site and providing your information to Digital KO LLC, you have agreed to provide correct and truthful information about yourself. You also agree to keep your registration and personal information up to date with complete information. In the event that Digital KO LLC believes the information provide in false or not accurate, Digital KO LLC reserves the right to terminate or suspend the account you hold and may refuse to set up any future accounts.
By entering this site you have agreed you will not: (a) distribute post or pass on any unauthorized information from advertisers. This includes promotional material, unsolicited mail, spam or any other information that persons have not expressly agreed to; (b) purposely misrepresent information you send out by omitting, deleting or forging any information, including mailing addresses, headers, internet addresses or any other manipulation of identifiers to hide the origin of content; (c) imitate or pretend to be any person or business, as well as misleading or misrepresenting your affiliation with another person or entity; (d) take part in any activity which is purposefully withholding or hiding the your identify or contact information; (f) respond with excessive replies to any feature or function on the site or (g) participate in any ‘flooding’ of material including, ICMP flooding or repeatedly sending the exact same email to a large number of email addresses.
By coming to the site you affirm you are the sole person responsible for your communication, you also agree you will not participate in posting or transmitting any content that: (a) is illegal, harassment, defaming, abusive, threatens others, obscene, invasive, libel, or harmful to another person’s privacy; (b) violates or infringes any person or party’s copyright, trade secret, trademarks, patents or any proprietary right including material that is copyrighted without appropriate permissions, use of a third-party trademarked without attribution or appropriate permissions, or distributing information that is protected as part of a trade secret in violation of confidentiality; (c) you do not own the rights to or have permission to distribute or send under law or contractual relationship; or (d) contains information that is personally identifying to any minor.
To any and all amount that these activities are prohibited by law, by using this site you agree you will not: (a) participate in any illegal purpose for using this site or violate laws or regulations applicable; (b) participate in sharing web links that will start downloads of information that is copyrighted or illegal material; (c) participate in harassing another person or stalking them through electronic means; or (d) participate in any activity over the Internet which violates the privacy or personal rights of another person, including collecting information and disseminating it about customers without their express permission, except if permitted by applicable law.
To the degree any of the following hinder activities with this site or the system of Digital KO LLC service provider ("Service"),you will not: (a) take part in posting or distributing any viruses or in any way harmful material that is destructive, including files, codes or programs on this site; (b) use any bot programs including IRC, or Internet relay Chat bots or other services that allow a large amount of resources to connect to the IRC network and require services to run 24 hours a day; (c) obstruct the capacity of any other person to use IRC; (d) interrupt the typical flow of this site or act in any type of way that interrupts customers ability to participate in typical real time exchanges; (e) get in the way of any servers which are associated with this site (f) participate in this site to enter the accounts of anyone without their express written permission; (g) in any way try to access the security of this site or any entity to gather others passwords or security information; or (h) participate in attacks that are designed to incapacitate the network or flood the site with futile traffic.
UNSOLICITED SUBMISSION POLICY
Digital KO LLC will not recognize by and way of transmission any material that is unsolicited in any way including, marketing material, advertisements, suggestions of a creative nature, scripts, song lyrics, samples, any form of product prototype, or games (hereinafter these will all be referred to as “submissions”). It any person chooses to send submissions that are not requested, you agree the site is (1) not responsible for any use or return of the submission, (20. There is no confidentialagreement between the two parties, therefore no statement to the contrary that is included with a submission will change this condition, (3) no person will be entitled to money or any form of compensation after a submission, (4) by receiving a submission the site does not waive rights to contest the validity of a copyright or any property rights, including intellectual property rights that you hold over the submission, and (5)any former, or current material that relates to this submission shall also be considered to be part of these conditions.
MANAGING YOUR PASSWORD AND YOUR ACCOUNT
It is your responsibility to oversea your own password and to keep that information confidential. No individual or part of the Digital KO LLC can be held responsible to provide you with your password. In the event that you lose your password, it is necessary to go through the “Forgot Password?” link on the upper part of your screen. You can follow the guide to a link that will help you make any password changes that you require and those changes will go through your email. It is also your responsibility to prevent any person from using your own personal computer to get access to your Digital KO LLC .com information or account. By using this site you are in agreement that you will be the person held responsible for the activity that happens with your account or through someone using your password to access your account.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If any circumstance comes to your attention and you think your work is being copied in any way that infringes your copyright, you should immediately provide Digital KO LLC’s copyright agent with all the information you have from the information below. This is essential for Digital KO LLC to know your copyright material has been infringed.
The physical or electric signature of the people or person authorized as the owner of the copyrighted information;
An accurate and thorough explanation of the material you believe the copyright has been infringed on;
The explanation of where the material is located on the site;
Your contact information including address, telephone number, and e-mail address;
A brief statement explaining why you believe the material is not authorized to be used.
Under penalty of perjury write a statement that all submitted information is accurate to the best of your ability and you are the owner and copyright holder to the information.
Digital KO LLC 's Copyright Administrator for notice of claims of copyright infringement on this Site can be reached as follows:
Email address: firstname.lastname@example.org
The resources displayed on or as part of this Site including, without limitation, all Site software, creative aspects, written text, opinion materials, informational passages, pictures, illustrations, games, audio clips, video clips, artwork and other graphic materials, names, logos, trademarks and any other priority information (the "Materials"), are the property of Digital KO LLC or its licensors and are sheltered by copyright, trademark and other intellectual property laws. Digital KO LLC name, design and related marks are trademarks of Digital KO LLC 2009 Digital KO LLC All rights reserved.
Digital KO LLC hereby does give personal use of materials for non-commercial use only, this is a non-exclusive, non-assignable and non-transferable license to use as long as you hold all the copyrights for such materials. You agree not to replicate change, create similar works, display, perform, distribute, broadcast, or circulate any Materials to any third party (including, without limitation, the exhibit and giving out of Materials via a third part website) without specific prior written consent of Digital KO LLC Use of Materials is only allowed with the express written permission of Digital KO LLC and/or its licensors. You further concur that you will not disassemble, decompile, reverse engineer or otherwise change the Materials. This Section will survive the termination of your right to use this Site.
DISCLAIMER OF WARRANTIES
THIS SITE, ITS ITEMS, AND ALSO ANY SOFTWARE, PRODUCTS, AND ALSO SERVICES MADE AVAILABLE AS WELL AS CONTAINED HERE ARE APPLIED WITH AN "AS IS" SCHEDULE AND ALSO WITH AN "AS AVAILABLE" SCHEDULE. Digital KO LLC MAKES SIMPLY NO REPRESENTATIONS AS WELL AS WARRANTY SPECIFICS REGARDING ANY KIND WITH RESPECT TO THIS GREAT SITE, ITS ITEMS, AS WELL AS LIKE SOFTWARE PRODUCTS AND SERVICES, AND ALSO DISCLAIMS ALL LIKE REPRESENTATIONS AND ALSO WARRANTY SPECIFICS, SUCH AS, WITH NO LIMITATION, FOR INSTANCE WARRANTY SPECIFICS REGARDING MERCHANTABILITY AND ALSO PHYSICAL FITNESS FOR THE PARTICULAR OBJECTIVE., NON-INFRINGEMENT REGARDING 3RD PARTY PROTECTION UNDER THE LAW, ERROR-FREE AS WELL AS UNINTERRUPTED SUPPORT, ACCURACY AND RELIABILITY SUPPLY, STABILITY, SAFETY MEASURES, FOREIGN CURRENCY AND ALSO COMPLETENESS DUE TO AS WELL AS CONCERNING THIS WEBSITE, ITS ARTICLES AS WELL AS ANY INBOUND LINKS, ANY SOFTWARE, TOOLS, POINTS, SOLUTION AS WELL AS SERVICES APPLIED BY MEANS OF THIS GREAT SITE. ADDITIONALLY, Digital KO LLC ISN'T GOING TO SYMBOLIZE AS WELL AS WARRANT WHICH THE INFO ENTRYIBLE THROUGH THIS GREAT SITE IS ACCURATE, COMPREHENSIVE AS WELL AS EXISTING. COST AND ALSO SUPPLY INFO IS CONDITIONAL TO IMPROVE WITHOUT WARNING.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Digital KO LLC , ITS AFFILIATES, Digital KO LLC FRANCHISEES AND ANY OF THEIR various administrators, OFFICERS, EMPLOYEES, AGENTS OR different REPRESENTATIVES BE accountable for ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, important , punitory OR AGGRAVATED DAMAGES (INCLUDING while not LIMITATION DAMAGES FOR LOSS of information, financial gain OR PROFIT, LOSS OF OR harm TO PROPERTY AND THIRD PARTY CLAIMS) OR the other DAMAGES OF ANY KIND, ARISING OUT OF OR IN affiliation WITH: THIS SITE; ANY MATERIALS, info, QUALIFICATION and proposals showing ON THIS SITE; ANY code, TOOLS, TIPS, PRODUCTS, OR SERVICES OFFERED THROUGH, CONTAINED IN OR publicized ON THIS SITE; ANY LINK ADMINISTERED ON THIS SITE; AND YOUR ACCOUNT AND arcanum, whether or not OR NOT Digital KO LLC HAS BEEN suggested OF the chance OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT allowable BY LAW. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THIS web site.
YOU ACKNOWLEDGE that you just are totally accountable for ALL DAMAGES ensuing DIRECTLY OR INDIRECTLY FROM YOUR USE OF THIS web site.
You purposely agree to not hold Digital KO LLC accountable or its affiliates and their leaders, officers, any employees, agents or other personnel liable for any claims, expenses etc; including legal fees and other costs related to (a) if you breach any terms and conditions of use; and (b) you using this site including transmitting or placing any information by you on the site. This stipulation will survive the termination of your rights to use this site.
All claims, disputes or misunderstandings (whether in contract or tort, in regards to statute or regulation, or whether pre-existing, present or future) coming from or relating to: (a) these Terms and Conditions of Use; (b) this Site; (c) any advert or endorsement relating to these Terms and Conditions of Use or this Site; or (d) dealings effectuated through this Site, or (e) the association which results from these Terms and Conditions of Use (including relations with third parties who are not party to these Terms and Conditions of Use) (collectively "Claims"), will be referred to and determined by binding arbitration governed by the Federal Arbitration Act and administered by the American Arbitration Association under its rules for the resolution of consumer-related disputes, or under other mutually agreed procedures. Because this method of conflict resolution is individual and provides the exclusive method for resolving such disputes, you further agree, to the extent permitted by applicable laws, to waive any right you may have to instigate or contribute in any class action or class-wide arbitration against Digital KO LLC related to any Claim.
This stipulation survives the termination of your right to use this Site.
LINKS TO OTHER WEBSITES
This Site or Services has the right to provide links to websites other than Herplay.net. Such links are solely for reference, and Herplay.net neither controls nor endorses any of these websites, the material on them or any association with their operators. Herplay.net is not responsible for the activities of these external sites, and is not liable to you for any harm, injuries or losses you might suffer as a result of using or accessing the sites.
Digital KO LLC can terminate your rights to participate in the use of this site at anytime and at their own discretion.
The country of Canada governs the laws that are used in accordance of these terms and conditions and enforcement and conflicts are governed by the same laws.
RELIANCE ON INFORMATION
This Site may include information with technical inaccuracies or misprinted information or errors that may be corrected as they are discovered at Digital KO LLC 's own discretion. Digital KO LLC reserves the right to make additional changes to any and all information held on the site.
All Digital KO LLC Online monthly package plans permit members to enter the Site's free games library by paying a sporadic fee. You can play as many games in the Site's free games library as you want.
Entering Your Digital KO LLC Online Account.
If you choose the feature that remembers you for your Digital KO LLC account, system cookies will help the site remember items specific to your log in information. At later visits, you will be able to enter the site without entering your personal information again; your information will automatically be retrieved. This is a convenient way to get into your account quickly but if you use the “Remember Me” function, anyone else who uses your computer will be able to enter your account and have access to all your areas. This access will include your main account, the ability to make changes and view purchase. You will still need to re-enter a password to view credit card information or other highly sensitive information.
Consent to Electronic Communications.
You give permission and agree to receive communications from Digital KO LLC about your Digital KO LLC Online monthly package electronically, either by e-mail or by postings on this site, as assigned by Digital KO LLC in its own discretion. You concur that any requirement that a notice, disclosure, contract, or other communication be sent to you by Digital KO LLC in writing is fulfilled by such electronic communication. You agree that Digital KO LLC Online may transmit you e-mails which include notices about your account as well as information about our service, such as special products or new offerings. You agree that this dissemination of information is part of your signup and your relationship with Digital KO LLC Online.
How to Sign Up.
In order to subscribe to the site it is necessary for you to provide Digital KO LLC with your full name, e-mail and billing information. You can choose a regular account or a premium account when signing up. A regular package does not incur charges but still requires a credit card on file in case of an upgrade to the account at a later date.When choosing to upgrade to the premium package we will use your credit card for the regular charges. If you make a request for this package you are agreeing to the terms and conditions and benefits of the site. You authorize Digital KO LLC or any designated billing party to charge your Payment Method the periodic Digital KO LLC Online premium package fee (plus applicable taxes) applicable to your premium package plan (e.g., 1 month, 3 months, 5 months), this will take effect on each periodic anniversary date of that premium plan, until your Digital KO LLC Online premium package is canceled as herein administered. For example, if you have a monthly premium plan and your plan started on June 19, your episodic anniversary date is the 19th of each month, and your Payment Method will be charged for the applicable periodic (monthly) premium package fee on that date each month. If your periodic anniversary date falls on a date that is not contained in your anniversary month (for example, if your paid premium package started on the 31st day of a month), your Payment Method will be charged on the first day of the following month. You will not be given copies of charge slips evidencing the recurring charges of the applicable periodic premium package fee. You agree to pay the applicable episodic premium package fees (plus taxes) in agreement with your Payment Method issuer agreement, if applicable. You also give Digital KO LLC permission to charge your Payment Method for any other charges you may incur associated with your Digital KO LLC Online premium package.
Pending Charges for Payment Cards.
By choosing a credit card for your payment method you authorize Digital KO LLC to pend charges to your card when you sign up for a package and you authorize a pending charge to be placed prior to each subsequent monthly charge. Charges that are pending are intended to verify your billing address and the availability of your card, these charges are temporary and typically last 3 to 7 days and will not be switched to actual charges to you. When you have a pending charge it will reduce any money or credit limit you have on your card in the amount of $1 per charge that is pending.
Other Charges in Regards to your Payment Method
It is your responsibility to ensure there is enough credit balance in your payment method account. It is your responsibility if other fees are charged to your account by the bank; this includes fees from monthly packages, overdrafts, insufficient funds or beyond the credit limit fees.
Please note that all transactions will appear as "herplay.net1
From time to time, at Digital KO LLC own discretion, Digital KO LLC may offer a decrease the fees for packages for the Site's service for a specified time amount, to new or other selected customers. If you are using an introductory offer for new customers, at the time of registration for the Digital KO LLC service, your Payment Method will be charged the promotional cost plus taxes for the promotional period. For all offers, you agree that any such special pricing is only valid for the promotional period, and that the regular package fee will continue to apply plus taxes and will be charged to your Payment Method for each automatic renewal when the promotional period has ended. Terms of the promotional offer, including the discounted pricing and duration of the discounted pricing, may vary from time to time. Specific details of your offer not covered in the Terms and Conditions will be explained on the web page on which you land prior to beginning the sign-up process or as part of the sign-up process. Digital KO LLC reserves the rights to give special promotions at their discretion.
Discounted $2.95 Trial.
From time to time, at our discretion, Digital KO LLC may offer a discounted trial to new users priced at $2.95 for one month only, limited to one discounted trial per payment method/household. When the payment is made, your payment method will be authorized for one month of access plus applicable taxes, but the card will not be charged until the end of the one month trial period. The durationof the , as well as other terms, may vary. Specific details of this discounted trial not covered in the Terms & Conditions will be provided on the landing page you browsed prior to or during the sign-up process. Thebegins as soon as you have signed up for an Digital KO LLC Online Monthly Package.
When the discount $2.95 monthly trial period expires, your signup to the Site will renew automatically on a per month basis as outlined during the signup process until your subscription is canceled, regardless of the initial length of the trial period. The day immediately after your trial expires is the anniversary date you may refer to for billing purposes during your Monthly Package Term. Unless you cancel your account before the end of the trial period, your payment method will be charged the recurring monthly package fees as well as all applicable sales taxes. TO AVOID UNWANTED CHARGES, YOU MUST CANCEL YOUR MONTHLY PACKAGE BEFORE YOUR DISCOUNTPERIOD HAS EXPIRED. You, the User, are solely responsible for keeping track of when your discount trial period is due to expire. Please take note of the appropriate date when you sign up for our service.
During your trial period, you will receive full access to Digital KO LLC’s services for $2.95. You may cancel your trial period at any point before it expires by calling our 24h/7 hotlines at 1-877-717-3330 if you live in the US or Canada, or by calling 1-302-722-4042 if you are an international customer. If you choose to make any changes to your account during the trial period, the trial period is rendered null and you will be charged for the new plan you have selected.
Herplay.net has five major membership content categories: music, movies, books, games, and “all-entry”. At times, Herplay.net may offer special membership-content categories. Customers who choose one of these options at initial sign up will also have to a specific category and may be given the option to upgrade to an “all-entry” membership for a surcharge of $2.95 or another predetermined amount during the signup process. This new membership will follow all terms and conditions of the original membership but unlock entry to the added content.
Expiration Date and Refusal of Charges to Your Payment Card.
UNABLE TO PROCESS YOUR PAYMENT: If your method of payment reaches it’s the expiration date, your failure to cancel your Digital KO LLC Monthly Package allows authorization for Digital KO LLC to continue billing that Card. If your Payment Method is not accepted for charges of any periodic package fee, you have nine (9) days from the date that your Payment Card was declined to update the information and validate your card, by either fixing the issue with the Payment Card issuer or providing new Payment Card information at www.Digital KO LLC .com. If Digital KO LLC is able to charge your Payment Card (existing or new, if you have administered new Payment Card information,) during the nine (9) -day period and any past due Digital KO LLC Online Monthly Package fees are paid, then Digital KO LLC Online benefits will continue uninterrupted and this Payment Card will be used to charge the applicable periodic monthly package fee for each consecutive renewal period until your Digital KO LLC Online Monthly Package is canceled (your original anniversary date will still apply). If Digital KO LLC is not able to charge your Payment Card (existing or new, if you have administered new Payment Card Information), within the nine (9) -day period, then your Digital KO LLC Online Monthly Package will be suspended for an indefinite period on the tenth (10th) day from the date your Payment Card was initially declined. For the thirty (30) days right after the suspension day, Digital KO LLC may try to charge the Payment Card the periodic monthly package fee every ten (10) days. If the charge is accepted, then your Digital KO LLC Online benefits will be renewed as of the date the charge is accepted. This charge date will then become your new periodic anniversary date and the Payment Card will be used to charge the applicable periodic monthly package fee for each consecutive renewal period until your Digital KO LLC Monthly Package is stopped and will be your Payment Card for all purposes.
Cancellation by You.
The beginning periodic Digital KO LLC Online Monthly Package fee is valid for a beginning package period starting on the date your paid monthly package begins and continuing through the periodic anniversary date. For example, if you are on a $2.95 trial monthly package and your $2.95 trial expires on June 17 and your paid Digital KO LLC Online Monthly Package begins on June 18, your beginning monthly package fee entitles you to Digital KO LLC Online benefits until July 18 and your Payment Method will be charged on July 18 (the anniversary date) for the time that starts on July 19 and goes through August 18. You can stop your Digital KO LLC Monthly Package whenever you want and you will not be charged for any additional renewals. As an example, if your start date is the 5th of each month and you stop your Digital KO LLC Monthly Package on Oct. 20, then you will not be charged on Nov. 5 (for the Nov. 6 - Dec. 5 period) and your Digital KO LLC Monthly Package Term will stop on Nov. 5. But if you cancel on a different day, such as on Oct. 2, then your Digital KO LLC Online monthly package Term would terminate Oct. 5. To cancel your monthly package simply call toll-free at 1-877-717-3330 for US and Canada or 1-302-722-4042 for international, 7 days a week from 0AM to 12PM. When you stop or change your account, you will be required to provide Digital KO LLC with certain information regarding your reason for cancellation.
Changing of Digital KO LLC Online Monthly Package.
You may change your Digital KO LLC Online Monthly Package plan, i.e., upgrade, downgrade, and/or change from a monthly plan to a plan with longer initial and renewal monthly package periods, as long as there is no lapse in your monthly package. To change your simply call toll-free at 1-877-717-3330 for US and Canada or 1-302-722-4042 for international, 7 days a week from 0AM to 12PM. You will be asked to give your authorization to the new periodic monthly package fee. By changing your Digital KO LLC Online monthly package, you are also agreeing and directing Digital KO LLC or its agent to continue to automatically renew your new Digital KO LLC Online Monthly Package on each anniversary date appropriate to the new monthly package plan, for the monthly package fee (plus taxes) by charging your Payment Method until your Digital KO LLC Online Monthly Package is canceled as administered herein. The new monthly package plan will begin on the day which would have been the start date of the prior monthly package plan.
Digital KO LLC initiated Cancellations.
Digital KO LLC may delay or stop a Digital KO LLC Online Monthly Package account, or otherwise limit your use of the Site, in Digital KO LLC 's own discretion, with or without cause. Fraud, Abuse or Piracy.
Games controlled by the Site are for personal, non-commercial use only. Digital KO LLC does not acceptunauthorized duplicating, distribution or other infringement of protected intellectual property of Digital KO LLC or of third parties.
Cancellation or Changes to Program by Digital KO LLC.
Digital KO LLC may change information on the Site's' services, including, any special offers and $2.95 trials that are available and number of e-coupons or other in-store free purchase, at any specific time, and periodically, without prior notice. Additionally, Digital KO LLC may modify the Digital KO LLC Online periodic monthly package fees and the number of permitted purchases periodically, however, that Digital KO LLC will give preceding notice via e-mail of any change to the intermittent monthly package fees or cost or the number of permitted purchases that will unfavourably affect you. You agree that, unless you cancel your monthly package prior to the start date of the change, you will be charged the new applicable Digital KO LLC Online periodic Monthly Package fee (plus applicable taxes) on each anniversary date after the start date of such change, and you give Digital KO LLC permission to charge the new applicable periodic monthly package fee (plus applicable taxes) to your Payment Method. Digital KO LLC reserves the right to stop the Digital KO LLC service (including, stopping offers or all of Digital KO LLC Online Monthly Package plans, promotional offers or $2.95 trials) without prior notice, in Digital KO LLC 's own discretion. Digital KO LLC also has the right to suspend or end the Digital KO LLC Online service or certain aspects thereof in definite geographic areas without prior notice, in Digital KO LLC 's own discretion. You agree that monthly package in Digital KO LLC Online does not involve any giving of credit or a retail instalment sale since Digital KO LLC does not impose a finance charge and you may cancel your package at any time. Void where prohibited.
SALES TAX POLICY
Digital KO LLC is required to charge sales taxes where applicable for state and local taxes.
RSS (Really Simple Syndication) feeds are administered as a fast and trouble-free way for you to send information from the Digital KO LLC .com web site or from your Digital KO LLC Online account. RSS Feeds can be entered through an XML-based URL that can be entered with an RSS reader of your choice. Use of personal RSS feeds that contain information about your Digital KO LLC .com account (Queue, Game Ratings and purchase Activity) is sole up to your own discretion. If you use an individual RSS feed, you consent that the information in the feeds will be sent to the location in which you enable the RSS feed. Digital KO LLC will not pass any personally specific information in your feed. However, your use of an RSS feed may cause specific personal information that is associated with the RSS feed to also be associated with you. You acknowledge that your use of an RSS feed and any personally identifiable information associated with it is at your own discretion and risk.
Use of the Digital KO LLC RSS feeds is for non-commercial, individual use whether or not you use an RSS feed is entirely at your discretion. You may not change the RSS feeds. If an RSS feed contains an acknowledgment to Digital KO LLC , you may not remove the acknowledgment. Digital KO LLC provides no assurance regarding its RSS feeds and reserves the right to terminate or change the feeds at any time without notice. Digital KO LLC is not responsible for any loss or damage incurred by you or anyone else due to your use of an RSS feed.
Digital KO LLC GAME DOWNLOADS TERMS AND CONDITIONS ("DOWNLOAD TERMS AND CONDITIONS")
In addition to the previous Digital KO LLC Site Terms and Conditions of Use, downloading games and/or other programming on this Site is provisional to the following additional Download Terms and Conditions. By downloading, you agree to abide by these Download Terms and Conditions, which are provisional to change by Digital KO LLC at any time, in its own discretion, with or without prior notice. Further, Digital KO LLC reserves the right, at its own discretion, to update, change, make additions or remove any portion of the Service, in whole or in part, at any time. Alterations to these Download Terms and Conditions will start immediately after being posted. The most up to date version of the Download Terms and Conditions, which will supersede all earlier versions, can be seen through the hyperlink at the bottom of the Digital KO LLC .com site. You can review the Download Terms and Conditions periodically, to assess if there have been changes. Continued use of the download service on this Site means you accept the most recent version of the Download Terms and Conditions.
Persons Under the Age of 18.
You must have access to the Web, a valid electronic mail address, and a valid credit card, check card or checking account in order to download games and/or other programming on this Site. All materials, including graphic files, audio files, video files, games, text, hyperlinks, interlinks, search engines, and other content that Digital KO LLC and/or its associates and subsidiaries makes usually available ("Site Content") or makes available only to registered customers of this Site pursuant to a fee-based license pursuant to the "Premium Content" section below are intended only for those persons over the age of 18. (Site Content and Premium Content shall be collectively often called "Download Content"). As such, in order to register for the Site's download service (the "Service") and/or get any of the Premium Content available through the Service, you represent that you are at least 18 years of age or older, or that you are between the ages of 13 and 18 and have received consent from your parent or guardian.
ACCEPTANCE OF TERMS AND REGISTRATION
Complying with Terms.
By coming to this Site, using the Services, and/or entering any Premium Content you agree to comply with these Download Terms and Conditions. You concur that you will not (i) attempt and will not assist or encourage anyone else to change the software or any application related to the Service, or (ii) use the Service or Download Content for any commercial purpose. You acknowledge that Digital KO LLC may (1) stop the Service, and/or (2) change the terms under which you can use the Service and/or the Site Content and in any case, Digital KO LLC will have no accountability to you as a result of such changes. In addition, if you buy the right to view Premium Content as set forth below, you further agree to (a) download and install Digital KO LLC 's proprietary software application; (b) make timely and satisfactory payment for any Premium Content purchased by you; (c) provide Digital KO LLC with accurate, complete and true information about yourself as required (your "Registration Information") in order to create an account (when and if available) for use of the Service (your "Account"); and (d) keep and update, as applicable, your sign up Information with current and complete information. Digital KO LLC reserves the right to stop doing business with you for any reason or no reason. If you violate these Download Terms and Conditions, or provide inaccurate, false, or non-current Registration Information or credit card information we may, at our own discretion, suspend or terminate your Account, and terminate your entry to the Service, with or without notice to you; and in such case you agree to destroy any copy of Download Content that you have in your possession. Furthermore, Digital KO LLC may, in its own discretion, pursue any other available rights or remedies at law or in equity for a violation of these Download Terms and Conditions or its (or its licensor's) rights under copyright.
Payment for Premium Content.
Digital KO LLC charges a license fee each time you license the right to view Premium Content through the Service ("License Fee"). The License Fee cost will be made available to you at the time of purchase. Payment for such Premium Content may be made by credit card, and you hereby authorize Digital KO LLC and/or its authorized agent to transact such payments on your behalf as License Fees accrue. In addition, if you authorize us to do so, we will retain your credit card or other payment information, as applicable, in our database to facilitate your checkout process for future Premium Content transactions. You agree and acknowledge that if you fraudulently report your credit card used to obtain the Premium Content from the Service as stolen, or you fraudulently report that an authorized charge by Digital KO LLC and/or its authorized agent is unauthorized, Digital KO LLC may, in its own discretion, pursue any available rights or remedies at law or in equity, including, without limitation, the right to terminate this Agreement and your ability to use the Service.
LICENSE TO SITE CONTENT AND PREMIUM CONTENT.
Premium Content License.
Premium Content includes (A) game being offered in which you pay a specific fee to have the right to use such game content for a limited specified time period, and (B) game being offered (which may be labelled "buy", "download" or "upgrade" on the Site) in which you pay a specific fee to have the right to view such video content for an unlimited number of times ("Retained Content").
Upon disbursement of the initial License Fee, the Site will grant you a non-exclusive, non-transferable, limited right and license to view, use and personally display in your Residence or for Permitted Non-Residential Use, the Content purchased by you, by way of one (1) computer (or other device specifically authorized by Digital KO LLC) connected to the Service over the Internet, administered that you obey fully with these Download Terms and Conditions. Digital KO LLC will save the Content to your hard drive. You shall not be allowed to copy or move the Content from its initially stored location on your hard drive. The original license to the Content is limited in its term and duration to thirty (30) days from its start date and time of download or twenty-four (24) hours from the start of its initial display and viewing, whichever occurs first, unless otherwise specified as being limited to a shorter term at the time of purchase. In some situations you may be allowed to purchase licenses for one or more additional 24-hour viewing periods for a particular item of Content. If you purchase a supplementary license for such Content (to the extent such additional license is available), you will be given an additional viewing period of 24-hours from the start of its display and viewing. You understand and agree that you will not be able to entry and view such Content upon expiration of the license term. For purposes of these Download Terms and Conditions, the following definitions will apply: (i) "Residence" means a private home or office site, but excluding hotel rooms, motel rooms, hospital patient rooms, restaurants, bars, prisons, barracks, drilling rigs and all other structures, institutions or places of transient or work-related residence as well as places, areas, structures, rooms or offices which are common areas or open to the public or to occupiers of separate Residences or for which an admission fee is charged; (ii) "Permitted Non-Residential Use" shall mean the private viewing by one or more persons on a video monitor (desktop, television monitor, laptop, hand-held device or otherwise) in a Non-Residential Venue; administered, however, that any such viewing for which an entry fee or other admission charge (except a per viewing charge) is imposed (other than any fee related only to entry such Non-Residential Venue for other general purposes) or any such viewing that is on a monitor administered by such Non-Residential Venue (or by a third party under any agreement or arrangement with such Non-Residential Venue) for display of programming in a common area shall not constitute a "Permitted Non-Residential Use"; and (iii) "Non-Residential Venue" shall mean any place, area, structure or room other than a Residence.
Retained Content License
Upon payment of the License Fee, Digital KO LLC gives you a non-exclusive, non-transferable, limited right and license under copyright to create and keep a permanent copy of the Retained Content and to view, use and privately show in your Residence or for Permitted Non-Residential Use, the Retained Content purchased by you, conditional to the following rules:
You may keep a permanent copy of the kept Content on the hard drive of your personal computer (or other device specifically authorized by Digital KO LLC ) to which the retained Content is initially delivered via a connection to the Service over the Internet.
You may make a single back-up copy of the Content on removable media (e.g., recordable DVD) in the same format as the original downloaded file to play on the single computer to which it was originally delivered and, if specifically permitted at the time of purchase on the Site (on a case-by-case basis), up to two (2) additional licensed computers for your personal non-commercial use ("Additional Copies"). To allow the material to be viewable on your computer or the computer it was initialed downloaded to you will keep a license by connecting the computer to the internet and logging into your account, this will download a new license. The extra Copy feature is not at present available on the Site. Any back-up copy of the Retained Content on a DVD will not be playable.
Digital KO LLC may determine at anytime and at its own discretion those devices that are well-matched to receive a license to view Retained Content as established on the Site at the time of downloading and installing the new license. Any rights given to you hereunder (or on the Site at the time of purchase) to make and keep any copies of Retained Content is solely an accommodation to you and shall not represent a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any audio or video content contained within any Retained Content.
You are solely in charge of keeping a permanent copy of the Retained Content. If the Retained Content that you purchase does not download and play correctly, please contact Customer Service and we will attempt to fix the problem (see below). Once you have successfully downloaded a copy of Retained Content, Digital KO LLC will not restore the Retained Content if you are not able to play it or if you lose the Retained Content including if the file becomes damaged or corrupt, something happens to your computer or the content no longer plays for any reason.
You agree and accept that you will not obtain any ownership rights by downloading any Retained Content from the Service, and this license granted to you as set forth in these Download Terms and Conditions does not transfer or grant any ownership rights to you, nor act as waiver any rights of Digital KO LLC, its licensors or the copyright owners with respect to any Retained Content.
In agreeing to these terms you also agree to refrain from reselling, distributing, sublicensing or transferring any right you obtain to the content or use retained from downloading the content in any way other than set above or stated in the original agreement at the time the content was purchased. Any supplementary usage rules set forth on the Site shall become part of, and are incorporated into, these Download Terms and Conditions.
The Service will be operated only on those hardware and software platforms named on the Site. It is your liability to make sure that you have the appropriate software, hardware and Internet connection to operate the Service. Digital KO LLC reserves the right to cease supporting any hardware or software platform at any time, with or without notice.
Title to Premium Content
The Premium Content administered by Digital KO LLC or third parties through the Service is the property of Digital KO LLC and/or its subsidiaries and its licensors. Title, ownership rights and intellectual property rights in and to such Premium Content is the property of either Digital KO LLC or third-party content owners or copyright holders and is sheltered by appropriate copyright and other law. Other than as expressly administered herein, these Download Terms and Conditions gives you no express or implied license or right to the Premium Content, including without limitation, any right to use, sell, copy, distribute, broadcast, change, perform or publicly display any Premium Content.
Termination for Breach
These Download Terms and Conditions (and therefore your license granted herein, including the license to use any Premium Content) shall end automatically and right away if you fail to comply with any of the limitations or requirements described in these Download Terms and Conditions and in such case you must destroy any copy of Premium Content (including any Retained Content) that you have in your possession. No notice shall be required from Digital KO LLC to effectuate such termination.
Termination for Any Reason
In addition, Digital KO LLC keeps the right to end these Download Terms and Conditions and stop entry to the Service at any time for any reason upon posting notice thereof on the Site. Further, Digital KO LLC reserves the right to change, suspend or discontinue any aspect of the Site at any time without notice to you and Digital KO LLC will not be liable to you should it exercise such rights.
To avoid any unwanted charges, please be sure to read the complete details of each subscription package during signup.
If you have experienced any of the following situations on Digital KO LLC, you may qualify for a refund.• Technical Problems: we will issue a refund if technical issues prevent you from using the site.
• Compromised Security: accounts subject to fraudulent activity will be refunded.
• Billing Errors: accidental overcharges warrant a full refund.
• Not What You Expected: if our website doesn’t deliver the experience advertised, we will issue a refund.
We cannot issue partial refunds under any circumstances. Refund claims must be made within 60 days of a contested payment. If you wish to stop using our service, you are solely responsible for cancelling your account.
Digital KO LLC
427 N Tatnall St #84243
Oldcotes Media LTD
72 High Street
Toll-Free No: 1-877-717-3330
Primary No: 1-302-722-4042
SERVICES COUNTRY LIMITATIONS
Digital KO LLC services are restricted in the following countries: Afghanistan, Anguilla, Albania, Angola, Bosnia and Herzegovina, Burkina Faso, Burundi, Benin, Botswana, Congo, The Democratic Republic of the, Central African Republic, Congo, Cote d'Ivoire, Cameroon, China, Cuba, Djibouti, Algeria, Egypt, Western Sahara, Eritrea, Ethiopia, Gabon, Georgia, Ghana, Gambia, Guinea, Guinea-Bissau, Indonesia, Israel, Iraq, Iran, Islamic Republic of, Kenya, Liberia, Lesotho, Libyan Arab Jamahiriya, Madagascar, Macedonia, Mali, Mauritania, Malaysia, Mozambique, Namibia, Niger, Nigeria, Pakistan, Reunion, Romania, Russian Federation, Rwanda, Sudan, Sierra Leone, Senegal, Somalia, Swaziland, Chad, Togo, Tunisia, Tanzania, United Republic of, Ukraine, Uganda, Zambia, Zimbabwe.
Digital KO LLC name, design, and related marks are trademarks of Digital KO LLC 2015. Digital KO LLC All rights reserved. Effective Jan 1st, 2015.