Khonzel Terms of Use
Introduction:
Welcome to Khonzel! We are a subscription service that provides our members
with access to Manipuri language motion pictures, television and other
audio-visual entertainment ("Khonzel content") streamed over the Internet
to certain Internet-connected TV's, computers and other devices ("Khonzel
ready devices").
You have accepted these Terms of Use, which govern your use of our service.
As used in these Terms of Use, "Khonzel service," "our service" or "the
service" means the service provided by Khonzel for discovering and watching
Khonzel content, including all features and functionalities, website, and
user interfaces, as well as all content and software associated with our
service.
You agree to the Arbitration Agreement and class action waiver described
in Section 15 to resolve any disputes with Khonzel (except for matters that
may be taken to small claims court).
Please note that these Terms of Use include hyperlinks that may be accessed
only through our website, so if you are reviewing these Terms of Use through
certain Khonzel ready devices, you may need to visit
www.khonzel.net/TermsOfUse to review these hyperlinked terms.
1 Acceptance of Terms of Use
a These Terms of Use, which include our Privacy Statement
(www.khonzel.net/PrivacyPolicy) and End User License Agreement
(www.khonzel.net/EULA) ("EULA") govern your use of the Khonzel
service. By using, visiting, or browsing the Khonzel service,
you accept and agree to these Terms of Use. If you do not agree
to these Terms of Use, do not use the Khonzel service.
b The Khonzel service is provided by Khonzel, LLC., or one of its
affiliated companies. Visit https://www.khonzel.net to see
which entity is providing the Khonzel service to you. Check back
as the service provider may change from time to time.
2 Changes to Terms of Use. Khonzel may, from time to time, change these
Terms of Use, including the Privacy Statement and EULA. Such revisions
shall be effective immediately; provided however, for existing
members, such revisions shall, unless otherwise stated, be effective
30 days after posting. We will endeavor to post prior versions of the
Terms of Use, if any, for the preceding 12-month period. You can see
these prior versions by visiting our website
(www.khonzel.net/priorterms) when newer versions are made available.
3 Privacy. Personally identifying information is subject to our Privacy
Statement, the terms of which are incorporated herein. Please review
our Privacy Statement to understand our practices.
4 Communication Preferences. By using the Khonzel service, you consent
to receiving electronic communications from Khonzel relating to your
account. These communications may involve sending emails to your
email address provided during registration, or posting
communications on the Khonzel service, or in the "Your Account" page
and will include notices about your account (e.g., payment
authorizations, change in password or Payment Method, confirmation
e-mails and other transactional information) and are part of your
relationship with Khonzel. You agree that any notices, agreements,
disclosures or other communications that we send to you
electronically will satisfy any legal communication requirements,
including that such communications be in writing. You should maintain
copies of electronic communications by printing a paper copy or saving
an electronic copy. You also consent to receiving certain other
communications from us, such as newsletters about new Khonzel
features and content, special offers, promotional announcements and
customer surveys via email or other methods. Please review our Privacy
Statement (www.Khonzel.com/Privacy) for further detail on our
marketing communications.
5 Membership, Free Trials, Billing and Cancellation
a Membership
i Ongoing Membership. Your Khonzel membership, which may
start with a free trial, will continue month-to-month (
0r any other billing period available) and automatically
renew unless and until you cancel your membership or we
terminate it. You must have Internet access and provide
us with a current, valid, accepted method of payment (as
such may be updated from time to time, "Payment Method")
to use the Khonzel service. We will bill the monthly
membership fee to your Payment Method. You must cancel your
membership before it renews each month in order to avoid
billing of the next month's membership fees to your Payment
Method.
ii Differing Memberships. We may offer a number of membership
plans, including special promotional plans or memberships
with differing conditions and limitations. Any materially
different terms from those described in these Terms of Use
will be disclosed at your sign-up or in other
communications made available to you. You can find
specific details regarding your membership with Khonzel
by visiting our website and clicking on the “Home" link
after logging in. Some promotional memberships are offered
by third parties in conjunction with the provision of their
own products and services. We are not responsible for the
products and services provided by such third parties. We
reserve the right to modify, terminate or otherwise amend
our offered membership plans.
b Free Trials
i Your Khonzel membership may start with a free trial. The
free trial period of your membership lasts for one month,
or as otherwise specified during sign-up. For combinations
with other offers, restrictions may apply. Free trials are
for new and certain former members only. Khonzel reserves
the right, in its absolute discretion, to determine your
free trial eligibility.
ii We will begin billing your Payment Method for monthly
membership fees at the end of the free trial period of your
membership and your membership will automatically renew
monthly unless you cancel prior to the end of the free trial
period. To view the specific details of your membership,
including monthly membership price and end date of your
free trial period, visit our website and click the "Home"
link at the bottom of the page after logging in. We may
authorize your Payment Method through various methods,
including authorizing it up to approximately one month of
service as soon as you register. In some instances, your
available balance or credit limit may be reduced to reflect
the authorization during your free trial period.
iii CLICK THE "FAQ" LINK AT THE BOTTOM OF Khonzel WEB PAGE
(www.khonzel.net) TO FIND CANCELLATION INSTRUCTIONS. We
will continue to bill your Payment Method on a monthly
basis for your membership fee until you cancel.
c Billing
i Recurring Billing. By starting your Khonzel membership and
providing or designating a Payment Method, you authorize
us to charge you a monthly membership fee at the then
current rate, and any other charges you may incur in
connection with your use of the Khonzel service, such as
taxes or possible transaction fees, to your Payment
Method. You acknowledge that the amount billed each month
may vary from month to month for reasons that may include
differing amounts due to promotional offers, including
gift card redemption and promotional code redemption,
and/or changing or adding a plan, and you authorize us to
charge your Payment Method for such varying amounts, which
may be billed monthly in one or more charges.
ii Price Changes. We reserve the right to adjust pricing for
our service or any components thereof in any manner and
at any time as we may determine in our sole and absolute
discretion. Except as otherwise expressly provided for in
these Terms of Use, any price changes to your service will
take effect following email notice to you.
iii Billing Cycle. The membership fee for our service will be
billed at the beginning of the paying portion of your
membership and each month thereafter unless and until you
cancel your membership. We automatically bill your Payment
Method each month on the calendar day corresponding to the
commencement of your paying membership. Membership fees
are fully earned upon payment. We reserve the right to
change the timing of our billing, in particular, as
indicated below, if your Payment Method has not
successfully settled. In the event your paying membership
began on a day not contained in a given month, we may bill
your Payment Method on a day in the applicable month or
such other day as we deem appropriate. For example, if you
started your Khonzel membership or became a paying member
on January 31st, your next payment date is likely to be
February 28th, and your Payment Method would be billed on
that date. Your renewal date may change due to changes in
your Membership. Visit our website and click on the "View
billing details" link on the "Your Account" page to see
the commencement date for your next renewal period. We may
authorize your Payment Method in anticipation of
membership or service-related charges. As used in these
Terms of Use, "billing" shall indicate a charge, debit or
other payment clearance, as applicable, against your
Payment Method. Unless otherwise stated differently,
month or monthly refers to your billing cycle.
iv No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO
REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following
any cancellation, however, you will continue to have
access to the service through the end of your current
billing period. At any time, and for any reason, we may
provide a refund, discount, or other consideration to some
or all of our members ("credits"). The amount and form of
such credits, and the decision to provide them, are at our
sole and absolute discretion. The provision of credits in
one instance does not entitle you to credits in the future
for similar instances, nor does it obligate us to provide
credits in the future, under any circumstance.
v Payment Methods. You may edit your Payment Method
information by visiting our website and clicking on the
"Your Account" link, available at the top of the pages of
the Khonzel website. If a payment is not successfully
settled, due to expiration, insufficient funds, or
otherwise, and you do not edit your Payment Method
information or cancel your account (see, "Cancellation"
below), you remain responsible for any uncollected amounts
and authorize us to continue billing the Payment Method,
as it may be updated. This may result in a change to your
payment billing dates. We may update your Payment Method
with information provided by the applicable payment
service provider, and you authorize us to continue to
charge the membership fee to the updated Payment Method.
For certain Payment Methods, the issuer of your Payment
Method may charge you a foreign transaction fee or other
charges. Check with your Payment Method service provider
for details.
vi Cancellation. You may cancel your Khonzel membership at
any time, and you will continue to have access to the
Khonzel service through the end of your monthly billing
period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY
PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED Khonzel
CONTENT. To cancel, go to the "Your Account" page on our
website and follow the instructions for cancellation under
the FAQ section. If you cancel your membership, your
account will automatically close at the end of your current
billing period. To see when your account will close, click
"Home" at the bottom of your page. The home button has your
“User ID” as the label. If you signed up for Khonzel using
your account with a third party as a Payment Method, and
wish to cancel your Khonzel membership at any time,
including during your free trial, you may need to do so
through such third party, including by visiting your
account with the applicable third party and turning off
auto-renew, or unsubscribing from, the Khonzel service
through that third party. You may also find billing
information about your Khonzel membership by visiting your
account with the applicable third party.
6 Khonzel Service
a You must be 18 years of age, or the age of majority in your
province, territory or country, to become a member of the
Khonzel service. Individuals under the age of 18, or applicable
age of majority, may utilize the service only with the
involvement of a parent or legal guardian, under such person's
account and otherwise subject to these Terms of Use.
b The Khonzel service and any content viewed through our service
are for your personal and non-commercial use only. During your
Khonzel membership, we grant you a limited, non-exclusive,
non-transferable, license to access the Khonzel service and
view Khonzel content through the service. Except for the
foregoing limited license, no right, title or interest shall
be transferred to you. You agree not to use the service for
public performances.
c You may view Khonzel content through the Khonzel service
primarily within the country in which you have established your
account and only in geographic locations where we offer our
service and have licensed such Khonzel content. The content that
may be available to watch will vary by geographic location.
Khonzel will use technologies to verify your geographic
location. THE NUMBER OF DEVICES ON WHICH YOU MAY SIMULTANEOUSLY
WATCH IS LIMITED. Go to the change plan information in the "Home"
section to see the number of devices on which you may
simultaneously watch. The number of devices available for use
and the simultaneous streams may change from time to time at
our discretion.
d We continually update the Khonzel service, including the
content library. In addition, we continually test various
aspects of our service, including our website, user interfaces,
service levels, plans, promotional features, availability of
Khonzel content, delivery and pricing. We reserve the right to,
and by using our service you agree that we may, include you in
or exclude you from these tests without notice. We reserve the
right in our sole and absolute discretion to make changes from
time to time and without notice in how we offer and operate our
service.
e You agree to use the Khonzel service, including all features
and functionalities associated therewith, in accordance with
all applicable laws, rules and regulations, or other
restrictions on use of the service or content therein. Except
as explicitly authorized in these Terms of Use, you agree not
to archive, download (other than through caching necessary for
personal use), reproduce, distribute, modify, display,
perform, publish, license, create derivative works from, offer
for sale, or use content and information contained on or
obtained from or through the Khonzel service without express
written permission from Khonzel and its licensors. You also
agree not to: circumvent, remove, alter, deactivate, degrade
or thwart any of the content protections in the Khonzel service;
use any robot, spider, scraper or other automated means to
access the Khonzel service; decompile, reverse engineer or
disassemble any software or other products or processes
accessible through the Khonzel service; insert any code or
product or manipulate the content of the Khonzel service in any
way; or, use any data mining, data gathering or extraction
method. In addition, you agree not to upload, post, e-mail or
otherwise send or transmit any material designed to interrupt,
destroy or limit the functionality of any computer software or
hardware or telecommunications equipment associated with the
Khonzel service, including any software viruses or any other
computer code, files or programs.
f The availability of Khonzel content to watch will change from
time to time, and from country to country. The quality of the
display of the Khonzel content may vary from device to device,
and may be affected by a variety of factors, such as your
location, the bandwidth available through and/or speed of your
Internet connection. HD, Ultra HD and HDR availability is
subject to your Internet service and device capabilities. Not
all content is available in all formats, such as HD, Ultra HD
or HDR and not all plans allow you to receive content in all
formats. Default playback settings on cellular networks exclude
HD, Ultra HD and HDR content. The minimum connection speed for
SD quality is 0.5 Mbps; however, we recommend a faster
connection for improved video quality. A download speed of at
least 6.0 Mbps per stream is recommended to receive HD content
(defined as a resolution of 720p or higher). A download speed
of at least 25.0 Mbps per stream is recommended to receive Ultra
HD (defined as a resolution of 1080p or higher) and HDR content.
You are responsible for all Internet access charges. Please
check with your Internet provider for information on possible
Internet data usage charges. Khonzel makes no representations
or warranties about the quality of your watching experience on
your display. The time it takes to begin watching Khonzel
content show will vary based on a number of factors, including
your location, available bandwidth at the time, the Khonzel
content you have selected and the configuration of your Khonzel
ready device.
h Khonzel software is developed by, or for, Khonzel and is
designed to enable streaming and viewing of content from Khonzel
through Khonzel ready devices. This software may vary by device
and medium, and functionalities may also differ between
devices. BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE
END USER LICENSE AGREEMENT (www.khonzel.net/EULA) AND TO
RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS
OF THE Khonzel AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT
ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE. WE DO NOT
TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF
THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE
DEVICE WITH OUR SERVICE. By using our service, you agree to look
solely to the entity that manufactured and/or sold you the
device for any issues related to the device and its
compatibility with the Khonzel service. If your Khonzel ready
device is sold, lost or stolen, please deactivate the Khonzel
ready device. If you fail to log out or deactivate your device,
subsequent users may access the Khonzel service through your
account and may be able to access certain of your account
information.
i We may terminate or restrict your use of our service, without
compensation or notice if you are, or if we suspect that you
are (i) in violation of any of these Terms of Use or (ii) engaged
in illegal or improper use of the service.
7 Passwords and Account Access
a The member who created the Khonzel account and whose Payment
Method is charged is referred to here as the Account Owner. The
Account Owner has access and control over the Khonzel account.
The Account Owner's control is exercised through use of the
Account Owner's password and therefore to maintain exclusive
control, the Account Owner should not reveal the password to
anyone. In addition, if the Account Owner wishes to prohibit
others from contacting Khonzel Customer Service and potentially
altering the Account Owner's control, the Account Owner should
not reveal the Payment Method details (e.g., last four digits
of their credit or debit card, or their email address if they
use PayPal) associated with their account. You are responsible
for updating and maintaining the truth and accuracy of the
information you provide to us relating to your account.
b In order to provide you with ease of access to your account and
to help administer the Khonzel service, Khonzel implements
technology that enables us to recognize you as the Account Owner
and provide you with direct access to your account without
requiring you to retype any password or other user
identification when you revisit the Khonzel service, which
includes accessing via Khonzel ready devices or website.
c You should be mindful of any communication requesting that you
submit credit card or other account information. Providing your
information in response to these types of communications can
result in identity theft. Always access your sensitive account
information by going directly to the Khonzel website and not
through a hyperlink in an email or any other electronic
communication, even if it looks official. Khonzel reserves the
right to place any account on hold anytime with or without
notification to the member in order to protect itself and its
partners from what it believes to be fraudulent activity.
Khonzel is not obligated to credit or discount a membership for
holds placed on the account by either a representative of
Khonzel or by the automated processes of Khonzel.
8 Disclaimers of Warranties and Limitations on Liability
a THE Khonzel SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED
THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED
WITH THE Khonzel SERVICE, ARE PROVIDED "AS IS" AND "AS
AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.
Khonzel DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE
OF THE Khonzel SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
Khonzel SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF
APPLICATIONS, Khonzel READY DEVICES, AND Khonzel SOFTWARE
(INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
b TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT
SHALL Khonzel, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS,
DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY
OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL,
INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR
ANY DAMAGES WHATSOEVER.
c SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE
LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
d NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE
STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or
provisions of these Terms of Use shall be held to be invalid,
illegal, or unenforceable, the validity, legality and
enforceability of the remaining provisions shall remain in full
force and effect.
9 Intellectual Property
a Copyright. The Khonzel service, including all content provided
on the Khonzel service, is protected by copyright, trade secret
or other intellectual property laws and treaties.
b Trademarks. Khonzel is a registered trademark of Khonzel, LLC.
d Claims of Copyright Infringement. If you believe your work has
been reproduced or distributed in a way that constitutes a
copyright infringement or are aware of any infringing material
available through the Khonzel service, please notify us by
contacting us at(www.khonzel.net).
11 Governing Law. Terms of Use shall be governed by and construed in
accordance with the laws of the state of New York, U.S.A. without
regard to conflict of laws provisions. These terms will not limit any
consumer protection rights that you may be entitled to under the
mandatory laws of your state of residence.
12 Applications. You may encounter third-party applications (including,
without limitation, websites, widgets, software, or other software
utilities) ("Application(s)") that interact with the Khonzel
service. These Applications may import data related to your Khonzel
account and activity and otherwise gather data from you. These
Applications are provided solely as a convenience to you, and Khonzel
is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED
OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED
BY Khonzel AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL
COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.
13 Use of Information Submitted. Khonzel is free to use any comments,
information, ideas, concepts, reviews, or techniques or any other
material contained in any communication you may send to us
("Feedback"), including responses to questionnaires or through
postings to the Khonzel service, including the Khonzel website and
user interfaces, worldwide and in perpetuity without further
compensation, acknowledgement or payment to you for any purpose
whatsoever including, but not limited to, developing, manufacturing
and marketing products and creating, modifying or improving the
Khonzel service. In addition, you agree not to enforce any "moral
rights" in and to the Feedback, to the extent permitted by applicable
law. Please note Khonzel does not accept unsolicited materials or
ideas for Khonzel content, and is not responsible for the similarity
of any of its content or programming in any media to materials or ideas
transmitted to Khonzel. Should you send any unsolicited materials or
ideas, you do so with the understanding that no additional
consideration of any sort will be provided to you, and you are waiving
any claim against Khonzel and its affiliates regarding the use of such
materials and ideas, even if material or an idea is used that is
substantially similar to the material or idea you sent.
14 Customer Support. To find more information about our service and its
features, or if you need assistance with your account, please contact
Khonzel via our website(www.khonzel.net).
15 Arbitration Agreement
a If you are a Khonzel member in the United States (including its
possessions and territories), you and Khonzel agree that any
dispute, claim or controversy arising out of or relating in any
way to the Khonzel service, these Terms of Use and this
Arbitration Agreement, shall be determined by binding
arbitration or in small claims court. Arbitration is more
informal than a lawsuit in court. Arbitration uses a neutral
arbitrator instead of a judge or jury, allows for more limited
discovery than in court, and is subject to very limited review
by courts. Arbitrators can award the same damages and relief
that a court can award. You agree that, by agreeing to these
Terms of Use, the U.S. Federal Arbitration Act governs the
interpretation and enforcement of this provision, and that you
and Khonzel are each waiving the right to a trial by jury or
to participate in a class action. This arbitration provision
shall survive termination of this Agreement and the termination
of your Khonzel membership.
b If you elect to seek arbitration or file a small claim court
action, you must first send to Khonzel, by certified mail, a
written Notice of your claim ("Notice"). The Notice to Khonzel
must be addressed to:
KHONZEL LLC.,
BLUMBERG EXCELSION CORPORATE SERVICES, INC 16 COURT ST., 14th
FL. BROOKLYN, NY 11241.
If Khonzel initiates arbitration, it will send a written Notice
to the email address used for your membership account. A Notice,
whether sent by you or by Khonzel, must (a) describe the nature
and basis of the claim or dispute; and (b) set forth the specific
relief sought ("Demand"). If Khonzel and you do not reach an
agreement to resolve the claim within 30 days after the Notice
is received, you or Khonzel may commence an arbitration
proceeding or file a claim in small claims court.
c The arbitration will be governed by the Commercial Arbitration
Rules (the "AAA Rules") of the American Arbitration Association
("AAA"), as modified by this Agreement, and will be administered
by the AAA. The AAA Rules and Forms are available online at
www.adr.org, by calling the AAA at 1-800-778-7879, or by writing
to the Notice Address. The arbitrator is bound by the terms of
this Agreement. All issues are for the arbitrator to decide,
including issues relating to the scope and enforceability of
this arbitration agreement. Unless Khonzel and you agree
otherwise, any arbitration hearings will take place in the
county (or parish) of your residence.
d YOU AND Khonzel AGREE THAT EACH MAY BRING CLAIMS AGAINST THE
OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE PROCEEDING. Further, unless both you and Khonzel
agree otherwise, the arbitrator may not consolidate more than
one person's claims with your claims, and may not otherwise
preside over any form of a representative or class proceeding.
If this specific provision is found to be unenforceable, then
the entirety of this arbitration provision shall be null and
void. The arbitrator may award declaratory or injunctive relief
only in favor of the individual party seeking relief and only
to the extent necessary to provide relief warranted by that
party's individual claim.
16 Survival. If any provision or provisions of these Terms of Use shall
be held to be invalid, illegal, or unenforceable, the validity,
legality and enforceability of the remaining provisions shall remain
in full force and effect.
Last updated: March 5, 2018