KillTime Terms Service
Docler S.à r.l. is constantly involved to guarantee to the Users the sharing of secure contents that are not harmful to other people’s rights or to guarantee their compliance with the law.
- Scope of the Agreement
- These Terms of Service (hereinafter “TOS”), as implemented and amended from time to time, govern the use of the services offered by the KillTime application (hereinafter also referred to as the “Service” or the “KillTimeApp”), the feature that allows users to publish contents of various nature, among which live streaming multimedia contents such as videos, music, lyrics etc. (hereinafter “User Contents”). The TOS also regulate the features that allow KillTimeApp users (hereinafter the “Users” or the “User”) to use KillTimeApp to make in-app purchases of virtual coins to be used exclusively on the KillTime platform within the limits and functions defined herein below.
- KillTime is an application developed and managed by Docler S.à r.l. (“Docler”), a private limited liability company (“société à responsabilité limitée”) organized and existing under the laws of Luxembourg, registered in the Luxembourg Trade and Companies register under number B180.726, having its registered office at 44 Avenue John F. Kennedy, 1855 Luxembourg, Grand Duchy of Luxembourg.
- KillTimeApp’s Users can access the Service and manage their User Contents in compliance with these TOS and in accordance with the features provided for the Service.
- Each KillTime User shall have his own personal account to be used in compliance with these TOS, with the other Users’ rights as well as all with the laws however applicable to the User in consideration of the place where the User operates and transmits in live streaming.
- Moreover, regarding in-app purchases, each User will have his own personal wallet where virtual credits are charged (hereinafter “Coins”) that each User may purchase from on-line purchase platforms (e.g. Apple Store, Google, Play) using the payment method chosen for these operations (e.g. charge on credit card, charge on the telephone bill, pre-paid card, etc.). The personal wallet system, its related payments, the management of virtual Coins and the system through which each User can turn the Coins into real money (the so-called “Cash-out”) are all regulated by the contractual terms and user instructions contained in the separate document “Wallet and Coins” (hereinafter also referred to as “Annex A”) which is integral and essential part of these TOS.
- Conclusion of the Agreement
- The User acknowledges that Docler has the right to limit the provision of the Service and/or amend these TOS and the Wallet and Coins document, at any time and at its sole discretion, for example following legislative or regulatory amendments or changes to the features offered through the Service. Consequently, the User must regularly look at the terms of the TOS and the Wallet and Coins document to keep updated on the introduction of any amendments, at the following web address http://www.KillTime.com/terms.html. If the changes to the TOS and to the Wallet and Coins document are not accepted, it is necessary to stop using the Service. Continued use of the Service by the User, following amendments to the TOS and to the Wallet and Coins document, shall constitute unacceptance of the amendments made. KillTimeApp is always evolving to offer the best possible experience to its users and, therefore, the User acknowledges and accepts that the form and nature of the service supplied by Docler may change from time to time without prior notice.
- Account and Use of the Service
- In order to access the Service, KillTimeApp requires the creation of an identification code (User ID) and of an access code (Password) (the User ID and the password hereinafter jointly referred to as the “Access Codes”). When creating the account, the User must provide accurate and complete information. The User undertakes, under his own responsibility, to keep the Access Codes secure and confidential, to store them diligently, to prevent unauthorized third parties from using them and to promptly inform Docler in case such Access Codes of the User are obtained by third parties. To this purpose, in relation to his account, the User undertakes to take all necessary technical precautions to prevent violations or the unauthorized duplication on part of third parties of its Access Codes (e.g. antivirus systems, anti-phishing, etc.). The User is in any case responsible for any use of the Service by third parties through its Access Codes and undertakes to hold Docler harmless from any claims by third parties in any way connected to the use of the Service and/or the publication of the User Contents made through the User’s Access Codes. To this purpose, Docler encourages the User to use “strong” passwords (which use a combination of numbers, upper case and lower case letters and symbols) in relation to its Access Codes.
- The User acknowledges and accepts to be solely responsible (vis à vis Docler and vis à vis third parties) for all activities carried out through his KillTimeApp account, including the publication of User Contents as per paragraph below. To this purpose, the User undertakes not to use the Service –including the publication of the User Contents – in violation of the law, in a manner harmful to third parties or in any case not compliant with these TOS, as well as to adopt all necessary precautions to ensure that third parties do not do the above.
- The publication of User Contents shall take place under the sole responsibility of the User, who undertakes not to take actions contrary to applicable laws and in particular not to publish content that may violate intellectual property rights of others, content that is offensive, defamatory, that incites racial or religious hatred, pornographic or, in any case, indecent or in violation of regulations on personal data protection.
- Without prejudice to the provisions of paragraph 8, the Parties acknowledge and accept that under no circumstance shall Docler be held liable for any damages arising from, connected with or subsequent to the unlawful and/or improper use of the Service on part of the User, regardless of why the Service was used.
- It is the User’s responsibility to backup its User Contents. Docler shall in no way be held liable, for any reason, for any loss or damage to data related to the User Contents or to other data collected by KillTimeApp.
- Docler reserves in any case the right to remove or refuse the publication through the Service of User Contents or suspend or forbid the User’s access to the Service and/or recover the User’s Access Codes at any time. Docler also reserves the right to access, read, store and disclose any information related to the User, where it is deemed reasonably necessary to read, store and disclose such information to comply with the law, these TOS, to respond to other Users’ requests or to protect and safeguard the rights and interests of Docler.
- The User acknowledges and accepts that the data relating to the User’s location that may be obtained through services supplied by third parties are used for navigation purposes and to allow the functioning of the geo-tagging feature, and that Docler does not offer any guarantees as to the availability, accuracy, completeness and/or reliability of such geo-location data.
- Contents – Intellectual Property Right
- Docler respects the intellectual property rights of others and expects KillTimeApp Users to do the same. It is forbidden to publish or upload User Contents that contain materials which it is unlawful to possess or distribute in the United States as well as in the country of the User’s residence. Furthermore, the contents of the User may not contain any materials covered by intellectual property rights of others or subject to other third party rights, unless the User holds a formal license or permission from the rightful owner, or is legally authorized in some other way to publish the material in question and to grant Docler the license referred to in paragraph 4 below. Furthermore, the User acknowledges and accepts that it is forbidden to publish content that is offensive, defamatory, that incites racial or religious hatred, pornographic or, in any case, indecent or in violation of regulations on personal data protection.
- Docler undertakes to offer its Users a platform without offensive contents or contents that may be harmful for the image and dignity of individuals. Docler is constantly involved to guarantee to the Users the sharing of secure contents that are not harmful to other people’s rights or to guarantee their compliance with the law. However, by accepting these TOS, Users declare to accept the risk that other Users may use the system inappropriately, therefore, each User undertakes to cooperate with KillTimeApp to guarantee a common and live streaming environment where other Users:
- do not publish unauthorized commercial information or commercial spam;
- do not collect other users’ content or information, nor do they have access to KillTime in other ways, by using devices or automated software (such as harvesting bots, robots, spiders or scrapers)
- do not undertake illegal multi-level marketing actions, e.g. pyramid schemes;
- do not introduce viruses or other malicious codes;
- do not try to obtain access information or have access to other Users’ accounts;
- avoid defamatory, offensive, intimidating conducts, characterized by contents that may be in contrast with the rights of minorities or that, in general, are characterized by instigation to racial, religious or ethnic hatred;
- refrain from publishing contents with explicit nude or violent images;
- refrain from developing and managing third party applications whose contents are indeed contrary to these TOS or that may be used to promote meeting services or, services generally addressed to an adult audience (including advertising) without indicating the required limits of age;
- do not use the Service to prevent, overburden or compromise KillTime functioning or aspect;
The upload and distribution of User Contents through the Service takes place without any prior checks on part of Docler, therefore, the publication of the Contents does not entail any approval by Docler, which reserves in any case the right to remove the same in case of violation of the TOS or of applicable law, of decency and/or third party complaints. The User acknowledges and accepts that, regardless of whether his User Contents are published or not, Docler shall not guarantee any confidentiality in relation to such contents.
- The User acknowledges and guarantees to retain the full ownership of the intellectual property rights in relation to his User Contents and any hyperlinks, in relation to which he guarantees to have obtained the necessary licenses, rights, consent and authorizations necessary (including but not limited to those of collecting societies or other bodies or entities responsible for gathering the rights and consent to distributing videos published through the Service from any persons that may have been filmed in the videos themselves) in order to allow Docler to use such contents for the purpose of providing the Service or in any case in compliance with these TOS.
- The User is responsible for the User Contents which will be published through the Service. In this regard, the User acknowledges that the consequences deriving from the publication of User Contents contrary to the law, to decency or third party rights, or offensive or unlawful in any other way, shall be borne exclusively by the User, as Docler shall assume no responsibility in relation to User Contents.
- Also in accordance with the provisions of the 1Digital Millennium Copyright Act, Docler shall respond to complaints of alleged violations of intellectual property rights of others or of other third party rights caused by the publication of User Contents, which are made in compliance with the terms described in this clause. Complaints must be:
- signed by the owner of the allegedly infringed right or by a person authorized to act on his behalf;
- contain a description which allows the identification of the allegedly infringed intellectual property right;
- contain a description which allows the identification of the User Contents allegedly published in violation of a third party right, and the removal or blocking of which is being requested, as well as information reasonably sufficient to allow the identification of the content at hand, such as the name of the user that made the unlawful publication, the time at which such User Content was published and the link to such User Content;
- the contact details, including the address, telephone number and e-mail address of the person making the complaint;
- a statement by which the person making the complaint declares to have a good faith belief that the publication of the User Content the removal or blocking of which is being requested was not authorized or is in any case unlawful or contrary to these TOS; and
- a statement certifying that the information contained in the complaint is accurate and that the person making the complaint is authorized to act on behalf of the owner of the infringed right The complaints under this clause must be sent, by e-mail, through the application or by post, to: Complaints Office
Docler S.à r.l.
44 Avenue John F. Kennedy,
L-1855, Luxembourg, Grand Duchy of Luxembourg;
- By using the Service, the User grants Docler a royalty-free, perpetual, non-exclusive, worldwide license to use, also commercially, the Contents, also in other areas of the Docler portal or through non-electronic means, with Docler’s right to sub-license, and without the User’s right to any compensation. Furthermore, the User acknowledges and accepts that the above royalty-free license Includes Docler’s right to transfer the User Contents, made available through the Service, to companies, entities or natural persons, partners of Docler, for their distribution, publication or sale through other media channels and/or services or by any other means (currently available or available in the future). The above licenses shall terminate once the User Contents are removed or the User account is closed.
- The User acknowledges and accepts that the Service, the relevant web pages and contents and all its software, hardware, graphic or other components are exclusively owned by Docler. Docler grants the User a royalty-free personal license to use the Service, which remains the exclusive property of Docler, in accordance with these TOS. In case of termination or expiry of this agreement for any reason, including the removal of the User from the Service or his termination, the license under this paragraph 7shall be deemed to be automatically terminated.
- By using the Service, the User grants each user of KillTimeApp, a worldwide, non-exclusive, royalty-free license to access his User Contents through the Service and to reproduce, perform, read and share such contents to the extent permitted by the feature of the Service and in accordance with these TOS.
- Commercial Use and Advertisements
- Docler has the exclusive right to the commercial use (e.g., sale of advertising, sponsorships, promotional activities, sale of contents against payment or other) of the web space and the pages dedicated to the Service, Including User Contents.
- Procedures for the Provision of the Service –Liability
- KillTimeApp is always evolving to offer the best possible experience to its users. As part of the latter, the User acknowledges and accepts that Docler may stop (permanently or temporarily) providing the Service (or any features within the Services) to the User or to users generally at Docler’s sole discretion, without prior notice and without any liability on part of Docler.
- Docler shall not be liable to the User and/or third parties, for any damage, loss or costs incurred because of the suspension, interruption and limitation of the Service caused by: a) force majeure; b) actions on part of the User or on part of unauthorized third parties; c) improper use of the Service on part of the User or third parties; d) problems ascribable to the functioning of the telecommunication networks or the User’s hardware devices.
- If the Service is found to have been used contrary to applicable laws, the TOS or in an improper manner, Docler may suspend or terminate the Service without prior notice or remove the Contents. The deletion or failure to store User Contents shall under no circumstance give the User the right to claim for any damages, whether direct or indirect, including those for any loss of profits or damages suffered. It remains understood that, despite Docler’s right to remove Contents that are contrary to applicable laws or to directly suspend the Service, the User may not rely on such right of Docler and shall continue to be solely responsible for any unlawful use or damage connected with the unlawful use of the Service.
- In addition to point 3, should a use of the Service contrary to the applicable laws, to the present TOS or indeed inappropriate be observed, Docler may also eliminate the User’s Account and, in case of serious violations, it may indefinitely ban the User from the Service. In this case, the User acknowledges and accepts that the User’s Contents, including wallet and Coins still credited on the wallet, will be irrevocably lost.
- Applicable law and jurisdiction
- These TOS and the obligations deriving therefrom shall be entirely governed by the laws of Luxembourg. Any dispute related to the interpretation or execution of this agreement shall be subject to the exclusive jurisdiction of the courts of Luxembourg city.
- Limitation of Liability
- Docler shall be liable only in the case of willful misconduct or gross negligence and for losses that cannot lawfully be excluded or limited pursuant to applicable law.
- The contents of the User shall be published under the responsibility of the User himself subject to the overall provision in the previous paragraph, Docler shall not be liable to the User for:
- (A) any losses the User may Incur in relation to the access or use of the Service (including any profit loss) – whether directly or indirectly – any loss of goodwill or of business reputation, or any loss of data suffered by the User;
- (B) any loss or damage which may be incurred by the User as a result of:
- any reliance placed on the completeness, accuracy or existence of any advertisement, or as a result of any relationship or transaction between the User and any sponsor or advertiser whose advertisement appears on the Service;
- any changes which Docler may make to the Service, or of any permanent or temporary interruption of the provision of the Service (or of any features within the Service);
- the deletion of, corruption of, or failure to store any User Contents and/or other data kept or transmitted by or through the use of the Service;
- the User’s failure to provide Docler with accurate account information;
- the User’s failure to keep his password or KillTimeApp account details secure and confidential;
- the destruction or failure to store or transmit any User Contents or any other communication stored by KillTimeApp.
- KillTimeApp may contain links to third party web pages or resources. The User acknowledges and accepts that Docler shall in no way be responsible (i) for the availability or accuracy of such web pages or resources; or (ii) for the contents, products or services present or available on such web pages or resources. The presence of such links does not imply that Docler accepts or participates in any way to such web pages or resources or contents, products or services available through such web pages or resources.
- Exclusion of Warranties
- Nothing in the TOS shall affect any statutory rights that the User is entitled to as a consumer and that cannot be contractually waived.
- The Service is provided "as is" and Docler makes no warranty or representation with respect to such Service. Docler does not represent or warrant that:
- A. The use of the Service shall meet the User’s requirements;
- B. The use of the Service shall be uninterrupted, timely, secure or free from error;
- C. any information obtained by the User as a result of the use of the Service shall be accurate or reliable; and
- D. that defects in the operation or functionality of any software provided to the User as part of the Service shall be corrected.
- These TOS constitute the entire agreement, legally binding, between the User and Docler and govern the use of the Service and completely replace any prior agreements between the User and Docler in relation to the Service. All other terms of service that any of the subsidiaries of Docler may have in place from time to time are expressly excluded from these TOS.
- The User accepts that Docler may provide the User with notices, including those regarding amendments to the TOS, by email, regular mail, or postings on the Service.
- The User accepts that if Docler does not exercise or enforce any legal right or remedy provided in the TOS (or which Docler is entitled to pursuant to Luxembourg law), this will not be taken to be a formal waiver of Docler’s rights and that such rights or remedies shall still be available to Docler.
- If any court of law, having the jurisdiction to decide on this matter, rules that any provision contained in these TOS is invalid, then such provision shall be removed from the TOS without affecting the remaining provisions of the TOS, which shall continue to be valid and enforceable.
- The User acknowledges and agrees that each company of the group which Docler is a part of, shall be deemed to be a third-party beneficiary to the TOS and that such company shall be entitled to directly enforce, and rely upon, any provision of the TOS which confers a benefit upon (or rights in favor of) such company. Apart from what is provided by this provision, no other person or company shall be deemed a third-party beneficiary to the TOS.
Annex A – Wallet and payment services (Coins, Gifts and Gems)
- KillTime App (hereinafter also “KillTime App” or “Service") allows each User (the “User”) to use a virtual wallet (hereinafter also the “Wallet”) that may contain the virtual coins (hereinafter “Coins”) to be used for the services offered by the application.
- The User acknowledges and accepts that the purchase of virtual coins demands the use of real money which shall be debited to the User according to the payment methods chosen by the latter in direct relation with his store (e.g. charge of credit card, charge on the telephone bill, etc.).
- The Coins may be purchased through Apple Store, Google Play or other future systems. The purchase prices, from time to time, shall be made known and available directly on the KillTime page inside the Apple Store, Google Play Store and other possible future systems. In this regard, Docler reserves the right to change, at any time, the purchase price of Coins and, therefore, the possible purchase of Coins by the User made at a certain price or on the basis of possible temporary promotions that do not entitle the User to benefit from those prices and promotions in the future.
- The Coins may be used by the User to purchase on KillTime App virtual presents (the “Gifts”) that may be given as present or exchanged among members within the KillTime Community. The Gifts may be given or exchanged among Users before, during or after a User has uploaded contents with the aim of rewarding the broadcaster performance quality and/or have access to features and contents available from time to time (e.g. to see a streaming performance by a User, extend the visualization, have access to possible Premium contents that may be accessible, etc.).
- The User may spend his virtual coins for the services offered by KillTimeApp, for example by purchasing and, at the same time, sending a Gift to a broadcaster User. The User acknowledges and accepts that the distribution of the virtual coins purchased, in the form of donation to another User, shall take place at his sole discretion and once the gift transfer from his own Account to another User’s Account is confirmed, this transfer will be irrevocable. Docler is and will not be involved in any direct relation between Users concerning their Gift donations.
- Each Gift has a cost expressed in Coins according to a price list valid from time to time, available in the KillTimeApp. In this regard, Docler reserves the right to modify the Gift purchase price expressed in Coins or introduce new Gifts or single promotions limited in time.
- The Gift values are indicated in the Product and Price Catalogue (hereinafter also the “Catalogue”) which can be found in the KillTimeApp or in the KillTime website. As already specified, Docler reserves the right change, during time, the Gift purchase price. Before the purchase of Gifts, the User is due to look up the Catalogue.
- In terms of counter value, each Gift is equaled by a certain amount of Gems that will be also added to the User’s Wallet. At any time, the User may know the amount of Coins or Gems contained in his Wallet. The User who owns Gems, besides using them for the Cash-out (see below) may use Gems to purchase other blocks of Coins at the price and conditions indicated in the Catalog.
- The User who gained Gems may turn them into real cash through the Cash-out. The Cash-out system shall occur only through personal payment accounts open with PayPal, other similar payment systems and, upon conclusion of the on-line transaction, PayPal or similar payment systems shall credit the amount related to the Cash-out on a bank account and/or on another account/payment tool of the User. The User acknowledges and accepts that the Diamond/real cash conversion is determined by Docler in the Catalogue and may be modified by Docler at any time and at its sole and total discretion also because the Diamond/real cash conversion includes the costs borne by KillTime for the commissions in favor of third service providers.
- The User acknowledges and accepts that only the Cash-Out of Gems and not Coins possibly available in his own Wallet will be possible. Moreover, the User acknowledges and accepts that in case Docler decides to eliminate the User’s Account or indefinitely bans the same User from the Service, according to point of TOS and for the reasons explained thereto, this will cause the loss of Coins and Gems contained in the Wallet, with no possibility to recover them.
- If the User does not agree with the terms of this Annex A and, in particular, does not approve the conditions regarding the Cash-out system, he shall be obliged to refrain from purchasing and/or using the same inside the Service.
- The User acknowledges and accepts that Docler may change, modify or update the terms set forth in this Annex A as well as the Catalogue prices, at its sole and total discretion and without previously informing the User, and those changes, modifications or updates will apply to the future purchases of Coins or Gifts. Consequently, the User shall be in charge of checking the terms of this Annex A and the Catalogue prices before purchasing Coins and have therefore access to the Service features that are based on the exchange of Gifts, the conversion from Gems into Coins and the cash-out of Gems. In case of failed acceptance of the changes, modifications or updates made, the User acknowledges and accepts that he shall refrain from making purchases and/or using the Service.
Docler is constantly involved to guarantee to the Users the sharing of secure contents that are not harmful to other people’s rights or to guarantee their ...