KachyTV.com Terms of Use & Services Agreement

Our Services and our Terms of Use

This website is owned and operated by KachyTV trading as and doing business as KachyTV, a registered business name in the USA. Our office is located at P.O. Box 759 Baldwin Park, CA 91706, California, USA. (“KachyTV”, “Company”, “Business”, “Our” or “we”). We provide services via Internet Broadcast and through our website http://www.kachytv.com/ (“KachyTV Website” or “Platform”) and any other websites, other features, content, or applications offered from time to time by KachyTV in connection with our service (collectively, the “Services”). Please take the time to read these Terms as they form the legal relationship between Us and You the visitor or User.

  1. We supply our services which are intended for your personal enjoyment and entertainment. Please be aware that by visiting KachyTV.com or using our Services, you accept and agree to be bound by these Terms of Use including any future modifications (“Agreement”), and to abide by all applicable laws, rules and regulations (“Applicable Law”). We may modify this Agreement at any time, and each such modification will be effective upon posting on our website.  Your continued use of our Services following any such modification constitutes your acceptance and agreement to be bound by the Agreement as so modified.  It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the Site and Our Services immediately.
  2. Eligibility for KachyTV.com Registration and Account Security
  3. All registration information you submit to create an account must be accurate and must be kept updated. You alone are responsible for maintaining the confidentiality of your password and are responsible for all security and use of your account.  It is essential that you do not share your password with anyone.  You agree not to use the account, username, email address or password of another member or subscriber at any time.  You agree to notify Us immediately if you suspect any unauthorized use of, or access to, your account or password.
  4. Termination of Services or Account
  5. This Agreement shall at all times remain in full force and effect while you use the Our Services. You may terminate your account or subscription on KachyTV.com at any time, for any reason, by sending an email to support@KachyTVchannel.com or deleting your account. To maintain the security and integrity of our Services, We may terminate your account and/or access to Our Services at any time, for any or no reason in our absolute judgement, with or without prior notice or explanation, and without liability for such action.  Furthermore, even after your user account or access to the Our Services is terminated, this Agreement will remain in effect.  You agree that your account is non-transferable and any rights to your account shall terminate upon your death or significant incapacity.
  6. Fees, Payment & Subscriptions
  7. You acknowledge that We reserve the right to charge subscription fees for any portion of Our Services.  If any subscriptions or dues are applicable, these will be displayed on our website. We will provide you with advance notice of any such fees, including any change in the amount of such fees, and also provide a method to cancel your account or subscription in the event you do not wish to pay any fees.  If you continue to use Our Services after any subscription fee increase, you are expressly agreeing to the increased subscription fee and you will be responsible for paying such subscription fee for the balance of your subscription time.  If We suspend or terminate your account and/or access to the Services because you have breached the Agreement or violated Applicable Law, you will not be entitled to a refund of any unused portion of such fees or other payments made.
  8. Advertising & Product Promotions
  9. KachyTV may from time to time feature sponsored content or promotion of Products. This will be made clear to you if such content is placed or appears on Our Platform or Website. Please be aware that we are not responsible for the content of any third-party links or Advertiser Content and that you may be required to abide by the Terms & Conditions of that particular Advertiser, Content or Product Sponsor. You should exercise the same level of care you normally would, when visiting a third-party site or clicking an external link.
  10. We accept no liability of any description for any dealings or actions you take with such third-parties.
  11. Purchasing KachyTV.com Services or Products
  12. We may from time to time promote our own paid for Products and Services. If you purchase any service or product on KachyTV.com, (“Site Product”), you may be required to provide personal information, including credit card and billing information (“Personal Financial Information”), to an independent third-party company (or companies) selected by, but not affiliated with Us to process Your Payment (the “Processor”).  Where the Processor is responsible for collecting, transmitting and/or processing your Personal Financial Information and, in some instances, for fulfilling your order, all payment obligations for Our Site Products shall be governed by the terms of use/service and privacy policy(ies) of the Processor. If you make a purchase from KachyTV.com you are warranting that you are authorized to make the purchase using the form of payment or card payment that you provide to the Processor.  You must be 18 years of age or older to purchase any of Our Site Products.
  13. Products, Pricing, Availability & Delivery Policy:
  14. Whilst every effort has been made to ensure that all descriptions of Services available from our site correspond to the actual Services and any goods offered, We are not responsible for any variations or errors in these descriptions.
  15. Where appropriate, you are required to select the correct level of ordering and delivery services You require. Any delivery charges are set out clearly on Your order page and will be added to Your basket prior to purchase. We cannot discount or combine postage where such facility does not exist.
  16. We accept no responsibility if you make an error in ordering by mistake and find later it is not fit for your purpose, if the goods have been opened and/or used.
  17. The person completing the online order is the Customer, and is responsible for the payment of the goods and giving the correct postal details for delivery. You agree that until paid for, any goods belong to Us. At that point, both the title (ownership) and responsibility for the goods passes to You and becomes Your property, unless they are being returned to Us during the “Cooling off” period (available only to UK and EU Customers), when the title to the goods reverts to Us. In such instances, You agree to take good care of the goods on Our behalf whilst in Your care.
  18. We are not responsible if you give the wrong delivery address details, and your goods are despatched there due to Your error and subsequently classed as ‘lost in transit’. You alone will be responsible for retrieving the goods at your own expense and time. Once a package is shown in tracking as being successfully delivered, we cannot process or re-ship replacements unless you can provide us with written evidence of true non-receipt of your Order.
  19. We ship all orders placed using ____________________ As the delivery function is passed to a third party to fulfil, KachyTV cannot guarantee a specified time of delivery, or any definite delivery times. Any international orders will be sent via _____________________ or a courier with tracking on the delivery, depending on the delivery service you choose. Any orders being shipped to an address outside of the USA, will be sent with the appropriate postage amount added for the weight of the package and destination being used. Provided that we reasonably accept in Our absolute judgement that the Products were damaged or broken during the delivery process, you will be entitled to a full refund including the cost of returning the items to Us.
  20. Any ‘loss’ will only be confirmed as lost once the relevant postal carrier has registered the item as lost. If the postal carrier or courier service cannot deliver the package to you at the address you provided on Your order, it is your responsibility at Your cost to retrieve the package at any local post office or depot or to call/contact them and have it re-delivered.
  21. Any packages shipped outside of the USA may be subject to additional sales tax and duty charges. We are not responsible for any sales taxes, customs duties or other taxes charged by any customs department. Kindly check with the customs organisation in your own home country, regarding any policies and possible extra charges. You must comply with all applicable laws and regulations of the country for which Our Products are being despatched We will not be liable or responsible if you break any conflicting laws or restrictions on import.
  22. All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary. In the event that prices are changed during the period between an Order is placed and our processing that Order and taking payment, provision of the Goods shall commence as per your Order and you will be charged the original price.
  23. EU Consumer Regulations – Right of Refund & “Cooling Off” Period
  24. Customers and Residents in the UK or European Union countries have the right of Cancellation, Refund and “Cooling Off” period. The way this works is that 14 (fourteen) days of placing Your Order, You are entitled to cancel the purchase for any reason or no reason being given. This is under the E.U. Consumer Contract Regulations. You can notify us of your decision to cancel the order and you are entitled to a full refund of the purchase price of any unopened, saleable, and unused products purchased within this time period.
  25. We will process the refund due to you within 14 (fourteen) days of receiving Our products back from You, but in any event, in accordance with your consumer rights. Your legal right to cancel will end fourteen (14) calendar days from the date Our Products are delivered to You.
  26. To receive a refund you MUST report your cancellation/refund request to our Customer Services Team within the said Cooling Off Period. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
  27. You should note that there are exceptions. Under the regulations such refunds do not apply to any “Consumables”, “Time Limited”, “Food or Drink items”, “Bespoke or Customised items” or “Electronic/ Digital Product or Downloads”. Your statutory rights are not affected by these conditions.
  28. Upon submitting an eligible request to return items, We will provide you with instructions on how to proceed.  If we do not receive back the package of Goods and the cancelled order from you, then no refund will be given.
  29. With the exception of faulty or mis-described goods, requests for a refund made after the Cooling Off Period (for the purchase price and delivery costs of any of our Products) will be denied. As a consumer, you have legal rights in relation to Goods that are faulty or not as described under the Sale of Goods Act (UK only).
  30. Further advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office (UK).
  31. For all other Customers, nothing in these terms and conditions will affect Your legal rights. If you have returned our Products to us because they are faulty or mis-described, we will refund the price in full, along with any applicable delivery charges and any reasonable costs you incur in returning the Goods to Us. As long as the issue has been reported as soon as it is noticed and the faulty Products are within their warranties. Your statutory rights are not affected by these Ts&Cs.
  32. We reserve the right to refuse any refund request that does not substantially meet our requirements as stated in these terms and conditions. Your statutory rights are not affected by these requirements.
  33. We make no warranty, and accepts no liability for any loss or damages whatsoever, relating to or in connection with your placement of an order for a Site Product with the Processor. In such cases the Processor remains liable for all such orders. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges.  You acknowledge and agree that in the event Processor experiences a data breach that affects your Personal Financial Information, KachyTV will in no way be responsible or liable to you for any such breach.
  34. We will not store any record of Personal Financial Information related to purchases or other transactions you make through Our Services. You should therefore maintain records of all your transactions.  If you have any questions regarding your transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your Personal Financial Information, you must contact the appropriate Payment Processor. Please also see our Privacy Policy www.KachyTV.com/privacypolicy for further details about how your information is processed.
  35. Site Content
  36. Our Services contain information, text, files, images, images, video, sounds, musical works, works of authorship, applications, and any other materials or content (collectively, “Content”) of KachyTV (“Company Content”).  Such content is protected by copyright, trademark, patent, trade secret and other laws, KachyTV owns and retains all rights in Our Content and Our Services. We only grant you a limited, revocable, non-sublicensable licence to access and display the Content (excluding any software code) solely for your personal, non-commercial use in connection with viewing the Site and using Our Services.  Our Services may also contain the Content of users and other Company licensors.  Except as provided in this Agreement or as explicitly allowed by Us, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any Content appearing on or through Our Platform or Website.
  37. Except as explicitly and expressly permitted by Us, you are strictly prohibited from creating other works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, ‘Memes’, ‘Motivational or inspirational quotes’, greeting cards and unlicensed merchandise) that derive from or are based on Our Content.  This prohibition applies regardless of whether the derivative works or materials are sold, bartered or given away.
  38. You may not either directly or through the use of any device, software, internet site, web-based service or other means remove, later, bypass, avoid interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by KachyTV.
  39. Your Use of Our Website & Services
  40. Our Services are offered for your personal use only and may not be used for commercial purposes. We reserve the right to remove commercial content in Our sole discretion.  You understand that you are responsible for any and all Content that you post, upload, transmit, email or otherwise make available on, through or in connection with the Our Services (collectively, “User Content”).  Accordingly, please choose carefully the information that you post on, through or in connection with the Our Services.  You understand that We do not control the User Content posted by users via Our Services and, as such, you understand you may be exposed to offensive, indecent, inaccurate or otherwise objectionable Content.  We assume no responsibility or liability for this type of Content.  If you become aware of misuse of Our Services, please report this immediately to info@KachyTVchannel.com. We assume no responsibility for monitoring Our Services for inappropriate Content or conduct.  If at any time, We choose in Our sole discretion to monitor Our Services, We nonetheless assume no responsibility for Content other than Our own Content, and assume no obligation to modify or remove any Content, and hold no responsibility for the conduct of any user.
  41. You agree not to use Our Services to: (a) Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; harmful; abusive; pornographic or includes nudity; offensive; harassing; excessively violent; tortuous; defamatory; invasive of another’s privacy, publicity, copyright, trademark, patent, trade secret, contract or other rights; false or misleading; obscene; vulgar; libellous; hateful; or discriminatory (b) Violate the rights of others including patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights (c) Harass or harm another person (d)  Exploit or endanger a minor (e) Impersonate or attempt to impersonate any person or entity (f) Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network (g) Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to Our Services, including Our servers, networks or accounts (h) Cover, remove, disable, block or obscure any advertisements or other portions of Our Services (i) Use technology or any automated system such as scripts or bots in order to collect usernames, passwords, email addresses or other data from Our Services, or to circumvent or modify any security technology or software that is part of the Our Services (j) Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through Our Website.  If you do so, you acknowledge you will have caused substantial harm to KachyTV, but that the amount of harm would be extremely difficult to measure.  As a reasonable estimation of such harm, you agree to pay Us $50 for each actual or intended recipient of such spam communications (k) Solicit, collect or request any personal information for commercial or unlawful purposes (l) Post, upload or otherwise transmit an image or video of another person without that person’s consent (m) Engage in commercial activity (including but not limited to sales, contests, prize draws or sweepstakes) without Our prior written consent (n) Use Our Services to advertise or promote competing services (o) Use the Website in a manner inconsistent with any and all Applicable Law (p) Attempt, facilitate or encourage others to do any of the foregoing acts.
  42. We reserve the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by Us in Our sole discretion. You acknowledge We reserve the right to investigate and take appropriate legal action against anyone who, in Our sole discretion, violates this Agreement, including but not limited to, terminating their user account and/or reporting such User Content, conduct, or activity to law enforcement authorities.
  43. You acknowledge, consent and agree that We may access, preserve or disclose information you provide to KachyTV.com, including User Content, when We has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect or defend the legal rights or property of KachyTV, our parents, subsidiaries or affiliates (“Affiliated Companies”), or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of Users of the Services or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with the requirements of applicable law or legal process.
  44. Prize Competitions and Promotions
  45. From time to time we may run promotions or prize draws. You are required to abide by the specific rules and terms and conditions of any competition or promotion (“Prize Promotion”) that you participate in on or via Our Website. Unless we tell you otherwise, all prize draws and competitions offered via the Site are open to people resident anywhere.
  46. The winner may be required to provide Us with proof of identity in such form as We in Our sole discretion request.
  47. Failure to comply with any terms and conditions (including instructions) will disqualify any entrant from taking part in the Prize Promotion and the entry will be invalid. We retain sole discretion to refuse entrants the right to enter if it feels that the terms and conditions are not being complied with or for any valid and justifiable reason. Any entry made giving another person’s (or a false) name or other dishonest information will be disqualified. We reserve the right to disqualify any entrant and/or winner and/or amend the terms and conditions at any time in Our absolute discretion.
  48. We reserve the right to substitute all or any part of the prize for one of an equivalent or greater value if necessary for reasons beyond its control, and any change will be final and binding upon every person who enters the Prize Promotion. The prize will be given to the winner(s) as set out in the terms and conditions. The winners must accept the prize in that form. Under no circumstances will cash be given as an alternative. The prize is non-transferable, non-negotiable and cannot be substituted for any other prize or cash value. The winners alone will be liable for any taxes or surcharges that may be levied on the prize and for any expenses not specified in the description of the prize.
  49. The terms and conditions of any third-party supplier of a prize will apply to the prize where applicable.
  50. All personal data submitted by an entrant in connection with a Prize Promotion will be used by the KachyTV for the purpose of administering the Prize Promotion, and each entrant agrees that if they win We may display their name and that of their Child on Our website in a list of winners.
  51. Each and every entrant agrees to indemnify Us, Our Company, its agents, employees, representatives, associates, affiliates, parent and subsidiary companies against any and all claim, losses, costs, damages, liability and expenses arising out of the entrant’s breach of any of these terms and conditions.
  52. Your Proprietary Rights
  53. We do not claim any ownership or responsibility rights in any Content that you post, upload, email, transmit, or otherwise make available on, through or in connection with Our Services.  By posting any User Content on, through or in connection with Our Services, you hereby grant to Our Company and our Affiliated Companies, licensees and authorized users, a perpetual, non-exclusive, fully-paid and royalty-free, sublicensable, transferable (in whole or in part), worldwide license to use, modify, excerpt, adapt, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, and distribute such User Content on, through or in connection with the Our Services or in connection with any distribution or syndication thereof to Third Party Services (as defined below), on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or commercial purposes. Our use of such User Content shall not require any further notice to you and such use shall be without the requirement of any permission from or payment to you or to any other person or entity. We reserve the right to limit the storage capacity of User Content that you post on, through or in connection with Our Services.
  54. You represent and warrant that: (i) you own the User Content posted by you on, through or in connection with Our Services, or otherwise have the right to grant the licence set forth in this Section, and (ii) the posting of User Content by you on, through or in connection with Our Services and any Third Party Services (as defined below) does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content posted by you on or through Our Services or any Third-Party Services.
  55. Unsolicited Submissions of Material
  56. KachyTV does not knowingly accept unsolicited submissions including, without limitation, submissions of blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. Our policy is to simply delete any such submission without necessarily reading it or forwarding it to other staff or staff of its Affiliated Companies.
  57. Therefore, any similarity between an unsolicited submission and any elements in any creative work appearing on Our Website or other Materials including, without limitation, a film, series, storyline, Character, title or concept would be purely coincidental.
  58. If unsolicited submissions are sent via Our Services (including but not limited to any public forum), however, such submissions and copyright may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as We see fit. In such circumstances You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against KachyTV or any Affiliated Company relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
  59. Copyrights and Other Intellectual Property
  60. At all times we aim to respect the intellectual property of others and require that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. We have a policy of terminating repeat infringers’ access to Our Services in appropriate circumstances.
  61. If you believe that any material residing on or linked to from the Site infringes your copyright please email or fax a notification of claimed infringement to Our Designated Copyright Agent: Email: copyright@KachyTV.com – Subject line:  KachyTV Copyright Notice. Address: P.O. Box 759 Baldwin Park, CA 91706, California, USA.
  62. To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)) and §512(d): (a) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site (b) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material (or in the case of references or links that are claimed to have infringing material or activity, identification of the reference or link, to material or activity claiming to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate that reference or link) (c) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted (d) A statement by you that you have 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 (e) A statement by you that the above information in your notification is accurate, and statement by you made under penalty of perjury, that you are the owner of an exclusive right this is allegedly infringed or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (f) Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  63. Please be advised emails sent to KachyTV Site DMCA without the appropriate subject line or for purposes other than communication about copyright claims may not be acknowledged or responded to.
  64. Third-Party Links and Services
  65. By using Our Services, you acknowledge and agree that We are not responsible or liable to you for any content or other materials hosted and served from any website other than KachyTV.com. When you access Third-Party Services, you do so at your own risk.  We encourage you not to provide any personally identifiable information to any Third-Party Service unless you know and are comfortable with the party with whom you are interacting.
  66. If you are interested in creating hypertext links to KachyTV.com, you must contact Us at info@KachyTVchannel.com before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of KachyTV.com or Our Business, including its respective employees, agents, directors, officers or shareholders.
  67. Legal Disclaimers
  68. Our Services are provided “AS-IS” and “as available” and We do not guarantee or promise any specific results from use of Our Services. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In particular, We make no warranty that your use of Our Services will be uninterrupted, timely, secure or error-free or that any information obtained by you on, through or in connection with Our Services or Third-Party Services (including but not limited to, through User Content or third-party advertisements) will be accurate or reliable. We do not offer any satisfaction guarantee with Our Content. Under no circumstances will We be responsible for any loss or damage, including but not limited to, property damage, personal injury or death, resulting from use of the Our Services, problems or technical malfunction in connection with use of Our Services, any material downloaded or otherwise obtained in connection with the Services, any User Content, third-party advertisement or Third-Party Service or Comments posted on, through or in connection with Our Services, or the conduct of any users of Our Services, whether online or offline.  Your use of User Content, third-party advertisements, Third-Party Services and the goods or services provided by any third-parties is solely your responsibility and at your own risk.  User Content, third-party advertisements and Third-Party Services do not necessarily reflect the opinions or policies of KachyTV.
  69. Indemnity
  70. You agree to indemnify and hold KachyTV, its Affiliated Companies, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third-party due to or arising out of your use of KachyTV.com or Our Services, your breach of this Agreement, your violation of any rights of another or any Content that you post or otherwise submit on, through or in connection with the Our Services.
  71. Limitation on Liability
  72. IN NO EVENT WILL We BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES (DIRECT OR INDIRECT) ARISING FROM YOUR USE OF OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED ONLY TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES YOU HAVE TAKEN OR PAID FOR DURING THE TERM OF YOUR USE OF OUR SERVICES.  NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR IN ANY WAY LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR OWN NEGLIGENCE OR FOR ANY OTHER LIABILITY TO THE EXTENT SUCH LIABILITY MAY NOT BE EXCLUDED OR LIMITED BY LAW.
  73. Disputes & Complaints
  74. If you have any comments or suggestions for improvement of Our Services, or if You have any Complaints or Grievances, You should write to Us at info@kachyTV.com where we will do Our best to assist You.
  75. General Matters
  76. The failure of KachyTV or any of Our associated Companies to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law.  If any provision of this Agreement is found by a competent court to be unlawful, void or unenforceable, that provision is deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
  77. California USA – Resident’s Notice
  78. If you are a State of California resident, under California Civil Code § 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Services of KachyTV or to receive further information regarding use of their Service.
  79. We also adhere to the following Codes of Conducts.
  80. State of California Online Privacy Protection Act Compliance.
  81. We have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute the personal data or information regarding California State Residents to outside parties without your explicit consent.
  82. Children’s Online Privacy Protection Act Compliance – we are in compliance with the requirements of the USA COPPA (Children’s Online Privacy Protection Act), we do not collect any personal information from anyone under 13 years of age.
  83. CAN-SPAM Compliance – we have taken necessary steps to ensure that we are compliant with the CAN-SPAM Act of 2003 by never sending out knowingly misleading information.
  84. Our online protection Compliance & Privacy Policy Customer Pledge. We pledge to you, that we have made a dedicated effort to bring and keep, our privacy policy in line with the following important privacy laws and initiatives:
  85. Federal Trade Commision Fair Trading Policy
  86. California Online Privacy Protection Act
  87. Childrens Online Privacy Protection Act
  88. The Privacy Alliance – and –
  89. Controlling the Assault of Non-Solicited Pornography and Marketing Act
  90. Legal Jurisdiction & Choice of Law
  91. These Terms & Conditions and any Agreement will be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of law provisions. You hereby agree to submit to the exclusive jurisdiction of the courts located in the State of California to resolve any dispute or Claims arising out of this Agreement or in relation to Our Services. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
  92. Validity of Terms
  93. These Terms were last updated on 2nd August 2018.