Terms & Conditions

Updated : April 21, 2024

Kill TV LLC, a Nevada limited liability company (“Company”), owns and operates www.killtv.me and all affiliated websites and mobile versions (“Kill TV”), a social media website and application service that allows merchants to upload products to their profile for sale (“Merchant(s)”) and that allows users to pay to access to the product (“User(s)”). The term “You” or “User” refers to all users, whether Merchant or not.

Please read the Terms of Service (“Terms”), a legal contract which governs your use of Kill TV, including any content, functionality, and services offered on or through Kill TV. Please pay special attention to the following sections: disclaimer of warranties; limitations of liability; releases; class action waiver, mandatory arbitration, and disputes. By registering with and using Kill TV, you hereby accept and agree to be bound by and abide by these Terms. If you do not want to agree to these Terms or you do not meet or comply with its provisions, you must not access or use Kill TV.

We may change these Terms on one or more occasions. Changes will become effective on the “last update” date stated at the top of this page. Changes will not apply to continuing disputes or to disputes arising out of (or relating to) events happening before the posted changes. While the Company will try to notify you when the Company changes these Terms, the Company does not assume an obligation to do so, and it is your responsibility to frequently check this page to review the most current agreement. By continuing to use Kill TV after the Company posts changes to these Terms, you agree to the revised agreement. If you do not agree to the revised agreement, your exclusive remedy is to stop accessing Kill TV.

1. General Provisions

1.1 No Minors: Kill TV contains adult oriented content and is not intended for minors. Only adults (1) who are at least eighteen (18) years old and (2) who have reached the age of majority where they reside may access Kill TV. If you do not meet these age requirements, you must not access Kill TV and must leave now. The Company forbids all persons who do not meet these age requirements from accessing Kill TV.

1.2 Section 230(d) Notice: In accordance with 47 U.S.C. § 230(d), you are notified that parental control protections (including computer hardware, software, or filtering services) are commercially available that may help in limiting access to material that is harmful to minors. You may find information about providers of these protections on the Internet by searching “parental control protection” or similar terms. If minors have access to your computer, please restrain their access to sexually explicit material by using any of the following products, which the Company provides for informational purposes only and does not endorse: CYBERsitter™ | Net Nanny® | CyberPatrol | ASACP.

1.3 No Child Sexual Abuse Material: The Company prohibits pornographic content involving minors known as child sexual abuse material (CSAM). The Company only allows visual media of consenting adults for consenting adults on Kill TV. If you see any visual media, real or simulated, depicting minors engaged in sexual activity within Kill TV, please promptly report this to the Company at support@killtv.me. Please include with your report all appropriate evidence, including the date and time of identification. The Company will promptly investigate all reports and take appropriate action. The Company fully cooperates with any law-enforcement agency investigating CSAM.

1.4 No Prostitution or Sex Trafficking: The solicitation, promotion, and facilitation of prostitution and sex trafficking are strictly prohibited. If you engage in such activity, whether on Kill TV or by posting links to external websites that promote or facilitate prostitution or sex trafficking, we may delete your account without refunding and/or paying out any funds in your account at the time of the offense or deletion.

1.5 User Content: We do not own the media uploaded by Users on Kill TV (“User Content”) and the views expressed by Users on Kill TV do not represent the views of Kill TV. All User Content transactions and interactions on Kill TV are between Users and at no point does Kill TV become a party to any transaction or interaction between Users. User Content is provided to you AS IS. You may access User Content for your information and personal use solely as intended through the provided functionality of Kill TV and as permitted under these Terms. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any User Content for any other purposes without the prior written consent of the Company or the respective licensors of the User Content.

1.6 Rights Reserved by the Company: We reserve the right at any time and without notice to:

modify, suspend, or terminate Kill TV or any portion thereof;
restrict, limit, suspend, or terminate your access to Kill TV or any portion thereof;
verify the information which you provide to us;
verify compliance with these Terms and/or any applicable law;
temporarily suspend or permanently terminate your account for failure to comply with these Terms and/or any applicable law;
delete any content you post on Kill TV if in our reasonable opinion it does not comply with these Terms and/or applicable law;
monitor your use of Kill TV (including any content or message you post or broadcast on Kill TV);
investigate any suspected or alleged misuse or unlawful use of Kill TV and cooperate with law enforcement in such investigation;
disclose information about your use of Kill TV in connection with law enforcement investigation of any suspected or alleged illegal activity, or in response to a lawful subpoena or court order; and/or
change the payment or payout processor that enables you to make or receive payments as a User.

1.7 License to Access and Use Kill TV: Subject to all of the terms, conditions, limitations and restrictions contained in these Terms, we grant to you a conditional, revocable, non-transferable, non-sublicensable, non-exclusive and limited license to use our Website for your own lawful and personal use only. You acknowledge and agree that the foregoing license may be revoked and terminated by us at any time and for any reason (including, without limitation, if you violate these Terms or any applicable law). Any use of Kill TV other than as expressly permitted by these Terms is strictly prohibited. All rights not expressly granted herein are reserved by us. We do not warrant that Kill TV is compatible with all devices and operating systems. It is your sole responsibility to determine whether or not Kill TV is compatible with your device. From time to time we may make updates to Kill TV and will make such updates available through Kill TV.

1A. Member's Representations and Warranties

As material inducement for KILL TV to enter into these Member Terms, Member represents and warrants that:

Member is of sound mind and body, acting of Member’s free will, and fully understands the terms and conditions of these Member Terms and all of the other Platform Rules and their legal implications;
Member IS AT LEAST 18 YEARS OLD AND THE AGE OF LEGAL CONSENT IN THE JURISDICTION IN WHICH THEY RESIDE at the time they first access the Platform and at the time they create their Member Account;
Member is currently residing in the United States, Canada or another country where KILL TV is authorized to operate, and Member is authorized to access the Platform;
Member consents to receiving communications from us electronically, including by emails, SMS/text messaging (subject to the terms of Section 6A of these Member Terms), or messages posted to your Member Account.
Member consents to the processing of Member’s personal data as more fully detailed in our Privacy Notice.
Any Direct Messages sent via the Platform are not confidential, and that Member authorizes all Creators that receive Direct Messages from Member to access and view such Direct Messages for their own lawful and personal use, and in accordance with any licenses that Member grants to such recipient;
Member has researched, understands, and will comply with all laws and legal restrictions in effect in the jurisdiction where Member resides, particularly dealing with matters including, but not limited to, obscenity, material harmful to minors, and the creation of sexually explicit content, import and export control laws, false advertising, privacy and personal information protection, anti-discrimination, intellectual property, illegal business solicitation, and restrictions on unsolicited commercial messages. You may not use the Platform to solicit any information that might be used for unlawful purposes or to carry out or to encourage unlawful activities or activities that would infringe any of these Terms;
Without limiting the generality of these Member Terms and the other Platform Rules, the following acts, actual and/or simulated, are also prohibited under all of these Terms and are forbidden in connection with Direct Messages or any other interaction with Members: (i) impersonating anyone; (ii) requesting money or another form of consideration from Members not expressly permitted under these Terms; (iii) harassing, defaming, threatening, using excessive language or being verbally abusive; (iv) using Members’ information to receive or provide live, in-person sessions outside the Platform or receiving payments outside of the Platform; (v) using or soliciting information that might be used for unlawful purposes or encouraging unlawful activities; or (vi) posting or sharing information about other Users; and
Member, or any of Member’s associates, employees, employers, agents, and affiliates, shall NOT, under any circumstances, solicit from any User any personal or private information including, but not limited to, Users’ real names, addresses, email addresses, social media accounts, accounts, recovery codes used for Two-Factor Authentication, billing or payment information, handles phone numbers, use a User in any way for unfair personal gain or benefit, or agree to any in-person encounters.

2. Accounts

2.1 Users: To register and create an account on Kill TV as a User, you must provide a valid email address, a username, and a password. If you desire to purchase content on Kill TV, you may need to verify your identity, better known as KYC (Know Your Customer). Kill TV does not store any payment information.

2.2 Merchants: To register and create an account on Kill TV as a Merchant, you must complete the Merchant application and be approved by the Company in our sole and absolute discretion. If you desire to sell content on Kill TV, you may also need to submit additional legal information. Your earnings will be paid once requested via profile Dashboard to your designated wallet. Bitcoin wallet addresses can be updated at any time in your merchant settings. It is the responsibility of Merchant(s) to keep these addresses up-to-date and valid prior to any withdrawals or transfers.

If you register as a Merchant, you agree that we, or our contractors, are authorized to collect, store, and/or maintain certain biometric information including a retina or iris scan, fingerprint, voiceprint, or scan of your hand or face geometry from any Content or verification documents you provide to us.

2.3 User Certifications: By registering on Kill TV, you represent and warrant that:

all account registration, profile information and content you provide is your own information and the content is complete, truthful, and accurate;
you are fully responsible for any and all activities that occur on your account, and that you will log out of your account at the end of each session;
you will use particular caution when accessing your account from a public or shared computer so that others are not able to access, view, or record your password or other personal information;
you are responsible for keeping your login details confidential and secure, and you will immediately notify us at support@killtv.me if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security;
if you previously had an account with Kill TV, your previous account was not suspended or terminated by Kill TV for violation of these Terms;
you will not use any unauthorized third-party payment processors to accept payments for subscriptions, or any other service, via Kill TV;
you register on Kill TV for your own personal use and you will not sell, rent, or transfer your account to any third party; and
if you are using Kill TV on behalf of a business or other entity, you warrant that you are authorized to grant all the licenses stipulated in these Terms and that you are authorized to bind the business or other entity to these Terms.

2.4 Your Content: We may permit you to submit materials for publication on Kill TV. You represent and warrant that you own, have a valid license to, or otherwise control all rights in your User Content. You retain all ownership rights in your User Content. However, you grant us a worldwide, perpetual, nonexclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content for the Company’s business (and the business of our successors), for the purpose of operating Kill TV and fulfilling the intent of these Terms. You hereby consent to (i) being depicted in any User Content you post on Kill TV, and (ii) allowing the Company to publicly distribute any User Content you post on Kill TV. You also grant each of our Users a worldwide, nonexclusive, royalty-free license to access such content with the facilitation of Kill TV, subject to any limitations related to any purchases of or subscriptions to such content, and to use, reproduce, display, and perform your content but only to the extent necessary to comply with these Terms. We agree not to reproduce any of your content that is behind a paywall. Except for personally identifiable information covered under our Privacy Policy, User Content is not considered confidential, and may be displayed on Kill TV in accordance with these Terms. We have no obligation regarding your User Content. However, we agree that any use or publication of your content will be consistent with these Terms. You warrant that you maintain written releases from any person depicted in your User Content confirming that such person consented to the recording and publication of such content on Kill TV, and that your User Content does not violate any rights of any third parties. You will provide copies of any necessary releases, licenses, or ownership documents to us at our request. You are solely responsible for your User Content and the consequences of posting your User Content to Kill TV.

2.5 Co-Authored Content: If you are a Merchant, you understand and agree that you may share content that depicts other third parties (“Co-Authored Content”), provided:

you tag each depicted person(s) in the Content or otherwise identify the third party and provide Kill TV with requested documentation confirming age, identity, and consent to publication of the User Content on Kill TV;
you have obtained and will maintain government-issued identification documentation confirming that each person(s) depicted in your content is at least eighteen (18) years of age;
you have obtained and will maintain written documentation confirming that each person(s) depicted in your User Content has consented to (i) being depicted in such content, and (ii) the content being publicly distributed on Kill TV.
you will provide this written documentation of consent to us promptly upon request by us for such documentation;
you will not use, attempt to access, or ask for the information or login credentials for any other User’s account; and
you are principally responsible for your account and agree to safeguard your login credentials from any unauthorized use. You agree that we are not responsible for any misuse of your account if you share your credentials with a third party such as a manager or agency, and you release Kill TV from any liability arising from such third party access. You understand and agree that if you provide your account credentials to a third party, that you will remain solely responsible to Kill TV for any activity that occurs by or through your account.

You further understand and agree that we may refrain from publicly distributing any Co-Authored Content until all depicted Merchants or third parties have confirmed their identity and consent to being depicted and distributed.

You are solely responsible for segregating, dividing, and distributing any revenue generated from any Co-Authored Content. Any such revenue sharing arrangement shall be governed solely by an independent, private agreement between you and other third parties. We are not responsible for enforcing any such agreements. You agree to release us, and hold us harmless, from any and all claims arising from Co-Authored Content. You further agree that any claim arising from Co-Authored Content shall be asserted only against the parties participating or appearing therein, and not against us.

2.6 Deactivation: If you wish to deactivate your Kill TV account, you may select this option in your account settings.

3. Purchases and Payments

3.1 Wallets: You must prepay an allotment of funds to be stored in your wallet, which are termed Koins and used for subscriptions, pay-per-view content, tips, and other purchases. However, you may not divide the cost of purchases between your wallet and traditional payment methods. If an attempted purchase costs more than the amount of Koins remaining in your wallet, you will not be able to make a purchase until more Koins are purchased. Typically, Koins stored in your wallet are non-refundable; however, we reserve the right to address refund requests related to wallet funds in our sole and absolute discretion.

3.2 A la Carte Purchases and Tips: users who have added a valid payment method to their account may, in some instances, purchase Merchant’s content a la carte or tip the Merchant by clicking the “Purchase,” “Tip,” or some similar button on or near the Merchant’s content. If you purchase content a la carte or tip a Merchant, you must prepay for an allotment of funds/koins before doing so.

3.3 Payment Processing: We utilize various third-party payment processors and gateways, and we reserve the right to contract with additional third-party payment processors and gateways in our sole discretion to process any and all payments associated with Kill TV. Your payment information is stored by a third-party payment processor, such as CCBill. Such third parties may impose additional terms and conditions governing payment processing. You are responsible for abiding by such terms. We further disclaim any liability associated with your violation of such terms.

3.4 Refunds: Ordinarily, our standard policy is that purchases and/or fees associated with your account are final and nonrefundable. However, we reserve the right to address any refund request and issue refunds in appropriate cases, within our sole discretion.

3.5 Virtual Currency: We may allow Users to make purchases or receive payment on Kill TV using one or more virtual currencies such as Bitcoin. Acceptance of such payment or payout method is in our sole discretion and may be of limited duration. Any payment in virtual currency is irreversible. Refunds of virtual currency payments is also at our sole discretion, and, if allowed, may take the form of virtual currency transfer, or corresponding cash value of the requested refund, at our option. We disclaim all risk of loss associated with virtual currency value fluctuations. Additional administrative fees may accompany virtual currency transactions.

3.6 Taxes Related to Purchases: If the Company is required to collect or pay any taxes in connection with your purchase of a paid service, those taxes will be charged to you at the time of each purchase transaction. Additionally, if required by law, you are responsible for reporting and paying certain taxes in connection with your purchase and/or use of a paid service. These taxes may include duties, customs fees, value added tax, or other taxes (other than income tax), along with any related penalties or interest, as applicable to your purchase or country of purchase.

3.7 Taxes for Australian Sales: A Goods and Services Tax (“GST”) applies to all sales made to Australian consumers. Kill TV specifically agrees to be responsible for the collection, reporting, and remittance of the GST associated with such sales to the Australian Taxation Office. The current rate of the GST in Australia is ten percent (10%) and is calculated as 1/11th of the gross sale made.

3.8 Billing Errors: If you believe that the Company has charged you in error, you must notify the Company in writing no later than thirty (30) days after you receive the billing statement in which the error first appeared. If you fail to notify the Company in writing of a dispute within this thirty (30) day period, you waive any right to dispute the charges. You must submit any billing disputes by email to support@killtv.me and include a detailed statement describing the nature and amount of the disputed charges. The Company will correct any mistakes in a bill and add or credit them against your future payments.

3.9 Chargebacks: If you make a purchase that results in a chargeback, we may immediately suspend or terminate your account.

3.10 Selling Content: Merchants earn eighty percent (90%) of the revenue generated on all subscriptions, sales, or tips related to their content and User profile. A valid payout method must be added before payments will be issued. However, we may deduct from any monies earned on subscriptions, sales, or tips that resulted in a chargeback, or any monies earned on subscriptions, sales, or tips related to content that violates these Terms.

3.11 Selling Content: Merchants earn eighty percent (90%) of the revenue generated on all subscriptions, sales, or tips related to their content and User profile. A valid payout method must be added before payments will be issued. However, we may deduct from any monies earned on subscriptions, sales, or tips that resulted in a chargeback, or any monies earned on subscriptions, sales, or tips related to content that violates these Terms.

4. Acceptable Use

4.1 Prohibited Uses: You agree that you will only use Kill TV for purposes expressly permitted and contemplated by these Terms. You may not use Kill TV for any other purposes without our express prior written consent. Without our express prior written authorization, you will not:

use Kill TV in any way that is violative of any applicable law, regulation, or treaty of any applicable governmental body, including but not limited to: (a) laws prohibiting sex trafficking and promotion or facilitation of prostitution; (b) intellectual property right laws protecting patents, copyrights, trademarks, trade secrets, and any other intellectual property right, including making, obtaining, distributing, or otherwise accessing illegal copies of copyrighted, trademarked, or patented content, deleting intellectual property right indications and notices, or otherwise manipulating identifiers in order to disguise the origin of content you post, share, or upload; (c) laws against obscene, lewd, defamatory, or libelous speech; and (d) laws protecting confidentiality, privacy rights, publicity rights, or data protection.
download any content unless a “download” or similar button is displayed in relation to that content.
use an ad blocking software while using Kill TV.
fail to comply with orders, judgments, or mandates from courts of competent jurisdiction.
access Kill TV if you are, or are required to be, a registered sex offender in any jurisdiction.
post, upload, or share content that is harmful, inaccurate, threatening, abusive, vulgar, violent, indecent, harassing, menacing, scandalous, inflammatory, blasphemous, racially or ethnically offensive, likely to cause annoyance, intimidation, alarm, embarrassment, distress, discomfort, or inconvenience, otherwise objectionable, or any content that, in the Company’s sole discretion, is otherwise inappropriate.
post, upload, or share content that is considered harmful, threatening, abusive or offensive by the reasonable man/person to an objective standard. “Reasonable” in this context and “man” as a legal term considers the views and morality as set by the majority of Merchants or users of all genders within the community and not the reasonable bystander in the street. Usual use may incorporate items and content of which some users may find offensive or objectionable, but that is not illegal in the jurisdiction of the Merchant. Harmful content would be considered items that do not comply with residing law enforcement, cause undue distress to persons represented in the content or shared without their consent.
post, upload, or share any content containing hate speech, including (1) any content (including stereotypes and symbols) posted to Kill TV with the intent to vilify, humiliate, dehumanize, or incite hatred or fear against a group or individual based upon race, ethnicity, national origin, immigration status, caste, religion, sex, gender identity and expression, sexual orientation, age, disability, serious disease, or veteran status (“Protected Class(es)”), (2) statements of inferiority or calls for exclusion or segregation based on Protected Class, and (3) any deliberately false material that causes harm to a Protected Class; but excluding self-referential or empowering uses with no intent to vilify, humiliate, or incite hatred or fear against a group or individual based on these categories.
post, upload, or share content that depicts, advertises, promotes, encourages, facilitates, or solicits (real, simulated, or implied) (i) sexual activity involving minors; (ii) bestiality; (iii) violence, kidnapping, rape, lack of consent, hypnosis, intoxication, sexual assault, torture, sadomasochistic abuse or hardcore bondage, weapons (unless obviously fake, staged or with consent), (iv) age-play or suggestion of underage participants, (v) illegal prostitution or human trafficking, whether explicitly or by use of any slang, acronyms, or abbreviations; (vi) “revenge porn” defined as any content containing any individual who has not consented to that content (a) being taken, captured, or otherwise memorialized, or (b) being posted, uploaded, or shared on Kill TV; (vii) any other illegal behavior or behavior that may be considered obscene under applicable law.
post, upload, or share content that advertises or solicits the sale or purchase of used articles of clothing.
post, upload, or share content depicting any person under eighteen (18) years old.
post, upload, or share content depicting any person without inspecting and maintaining written documentation sufficient to confirm that all subjects of your submissions are in fact eighteen (18) years of age or older, including a written consent or release of each identifiable person in the submission to use their name or likeness and to enable inclusion and use of the submission in the manner contemplated by the Company.
post, upload, or share content with the intent to extort money or other benefit from a third party in exchange for removal of the content.
post, upload, or share any content that utilizes or promotes a sweepstake, lottery, or other regulated gaming or sales promotion tactic;
post, upload, or share any employment ads or content which violates anti-discrimination laws.
sell or purchase used or soiled clothing items.
post, upload, share, or collect the telephone numbers, street addresses, last names, email addresses, URLs, geographic location, or any other personal information about users or third parties without their consent, or, except as expressly authorized in these Terms, use the materials on Kill TV for any commercial use.
impersonate another individual or entity, whether actual or fictitious, without consent, falsely claim an affiliation with any individual or entity; access or attempt to access the accounts of others without permission; misrepresent the source, identity, or content of information transmitted on or through Kill TV; or perform any other similar fraudulent activity.
send unsolicited sexual content to another User or otherwise engage in nonconsensual sexual objectification of another User.
use emojis, GIFs, or other media to communicate any activity that violates these Terms.
engage in antisocial, disruptive, or destructive behavior, including “bombing,” “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet, or engage in any other behavior that serves no purpose other than to harass, annoy, or offend Users.
engage in platform manipulation, including utilizing bots or other fraudulent means to artificially drive traffic to or inauthentically generate engagements with your account, or your content.
circumvent, disable, damage, intentionally misuse, or otherwise interfere with the operations of the Company, any User’s enjoyment of Kill TV, or any security-related features that prevents, limits, or restricts the use or copying of any materials or that enforces limitations on the use of Kill TV, by any means, including posting, linking to, uploading, or otherwise disseminating viruses, adware, spyware, malware, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious codes, files, or programs designed to interrupt, destroy, limit, or monitor the functionality of any computer software or hardware or any telecommunications equipment.
reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, except and only if that activity is expressly permitted by applicable law despite this limitation.
access or use any automated process (such as a robot, spider, scraper, or similar) to access Kill TV in violation of our robot exclusion headers or to scrap all or a substantial part of Kill TV (other than in connection with bona fide search engine indexing or as the Company may otherwise expressly permit).
modify, adapt, translate, or create derivative works based on Kill TV or any part thereof, except and only if applicable law expressly permits that activity despite this limitation.
commercially exploit or make available Kill TV to third parties including any action or attempt to “frame” or “mirror” Kill TV.
take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it.
attempt to do any of the acts described in this section or assist or permit any person in engaging in any of the acts described in this section.

4.2 Violations of Prohibited Uses: Engaging in any Prohibited Use will be considered a breach of these Terms and may result in immediate suspension or termination of your account without notice, in our sole discretion. We reserve the right, but do not undertake the obligation, to forfeit payment of any revenue earned in by Users that violate these Terms, and to refund some or all such revenue to other Users who are affected by such violation. We may pursue any legal remedies or other appropriate actions against you if you engage in any of the above Prohibited Uses or any unauthorized use of Kill TV, including civil, criminal, or injunctive relief, and cancellation of your account. Any unauthorized use of Kill TV or our computer systems violates these Terms and certain international, foreign, and domestic laws.

4.3 Additional Prohibited Uses for Merchants: Merchants must act in the best interests of the Company at all times, whether on Kill TV, on third-party websites, or offline. If you are a Merchant and violate these additional Prohibited Uses for Merchants or any other provision of these Terms, we may delete your account without payment and/or permanently ban you from Kill TV. If you are a Merchant, you will not, without our express prior written authorization:

deceive users regarding the nature of any paid content;
attempt to defraud the Company or our Users (e.g., working together with a member or “hacker” to accept payment with stolen credit cards).
attempt to fraudulently pass off recorded content as a live stream.
fail to honor any lawful representation made to users in furtherance of selling your content.
record or broadcast nudity or sexual activity from any public place where members of the public are reasonably likely to see your content.
release the personal information of any other User of Kill TV or third party without that person’s consent.
solicit or accept payments for travel or in-person meetings for the purpose of engaging in sexual activity.
harass, disparage, defame, or otherwise interfere with the Company or our users, nor misrepresent or make any false or misleading statements about the Company.

4.4 Reporting Violative Content and Activities: If you are aware of any content on Kill TV or any User engaging in activities that violate these Terms, please email us at support@killtv.me with as much detail as possible, including a link or the location where we may find them, the username of the individual engaging in suspicious activities, the date and time of identification, the reason we should remove the objectionable content or investigate the activities, and a statement certifying the accuracy of the information you provided to us. If you are a Merchant, you must report all violative content and suspicious activity to us. We may consider you complicit in any violative activity to which you were knowledgeable of suspicious activity but failed to report it.

4.5 Law Enforcement: We will fully cooperate with law enforcement authorities or orders from courts of competent jurisdiction, requesting or directing us to disclose the identity or location of any User in breach of these Terms, in accordance with our privacy policies, subpoena compliance policies, and applicable law or regulation. If your activity results in the Company receiving a subpoena, discovery request, production order, or court order that causes the Company to incur expenses, court costs, or legal fees for compliance, you agree to reimburse us for any such expenses, costs or legal fees upon our request.

Third Party Websites

4.6 Links to Kill TV: You may link to our homepage on your third-party social media accounts, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

4.7 Links to Third-Party Websites: Kill TV may contain links to third-party websites and resources, including in advertisements and sponsored links. These links are provided for your convenience only. We have no control over the contents of third-party websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked on Kill TV, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

5. Intellectual Property Rights

5.1 Copyrights: Other than User Content, Kill TV and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by us, our licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on Kill TV, except as follows:

your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
you may store files that are automatically cached by your Web browser for display enhancement purposes; and Other than User Content, no right, title, or interest in or to Kill TV or any content on Kill TV is transferred to you, and all rights not expressly granted are reserved by us. Any use of Kill TV not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of Kill TV in breach of the Terms, your right to use or access Kill TV will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.

To comply with the U.S. Digital Millennium Copyright Act (Title 17, United States Code), we will respond to proper notifications of claimed copyright infringement and will take appropriate action including removing or disabling access to the allegedly infringing User Content and, if deemed appropriate by the Company, terminating the associated User account. For complete information and details on how the Company handles claims of copyright infringement, visit our DMCA Policy.

5.2 Trademarks: The Kill TV name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of ours or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on Kill TV are the trademarks of their respective

6. Disclaimer of Warranties

By using Kill TV, you acknowledge and agree as follows:

Kill TV and all of the Company’s services and features are provided without warranties of any kind, express or implied. To the fullest extent permitted by law, we disclaim any and all warranties, express or implied, with respect to Kill TV and all of the Company’s services and features, including, and without limitation, implied warranties of merchantability and fitness for a particular purpose.
We do not warrant or guarantee the accuracy, usefulness, completeness, or reliability of Kill TV, or the results of your use of Kill TV. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to Kill TV, or by anyone who may be informed of any of its contents.
Your use of Kill TV and the Company’s services and features will be solely and entirely at your own risk. We do not warrant or guarantee that Kill TV and/or all of the Company’s services and features will be available at any particular time or location, nor secure, uninterrupted, or free of errors, viruses, and other harmful components. We do not warrant or guarantee that defects or errors will be corrected. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of Kill TV or any services or items obtained from the Company. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

6A. SMS/Text Messaging

Consent to Receive SMS/Text Messages. By consenting to KILL TV’s SMS/text messaging service (the “SMS Service”), you agree to receive recurring SMS/text messages with service-related and promotional messages, including: updates, alerts, and information (e.g., order updates, account alerts, etc.), and promotions, specials, and other marketing offers (e.g., cart reminders) from and on behalf of KILL TV via text messages through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology.
Voluntary Participation. You understand that you do not have to sign up for the SMS Service in order to make any purchases, and your consent is not a condition of any purchase with Kill TV. Your participation in the SMS Service is completely voluntary.
Fees & Rates. We do not charge for the SMS Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Standard message and data rates may apply from your wireless provider. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
Opt-Out. You may opt-out of the SMS Service at any time. Text the single keyword command STOP to: (i) either +1 (702) 330-3166 or +1 (313) 880-3319. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. You waive any rights to bring claims for unauthorized or undesired text messages by failing to opt-out immediately. For SMS Service support or assistance, email support@killtv.me.
Changes. We may change any short code or telephone number we use to operate the SMS Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
Your Phone Number & Wireless Carrier. The wireless carriers supported by the SMS Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
Limitation of Liability. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the SMS Service, any errors in such information, and/or any action you may or may not take in reliance on the information or SMS Service.

7. Limitation of Liabilities

The Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable to you for any of the following:

Errors, mistakes, or inaccuracies of content.
Personal injury or property damage resulting from your access to and use of Kill TV.
User Content or any conduct by Users that violates these Terms.
Products sold by other users, whether or not such sales are expressly prohibited by these Terms.
Unauthorized access to or use of the Company’s servers and any personal or financial information stored in them, including unauthorized access to or changes to your account, submissions, transmissions, or data.
Interruption or cessation of transmission to or from Kill TV.
Bugs, viruses, Trojan horses, malware, ransomware, or other disabling code that may be transmitted to or through Kill TV by any person or that might infect your computer or affect your access to or use of Kill TV or your hardware or software.
Incompatibility between Kill TV and your other services, hardware, or software.
Delays or failures you might experience in starting, conducting, or completing any transmissions to or transactions with Kill TV.
Loss or damage incurred because of the use of any content posted, emailed, sent, or otherwise made available through Kill TV.

8. Releases

You hereby release the Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors from all liability arising out of User submissions or the conduct of other Users or third parties, including disputes between you and one or more other Users or third parties.

Exclusion of Damages

Unless caused by gross negligence or intentional misconduct, the Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable to you for any direct, indirect, special (including so-called consequential damages), statutory, punitive, or exemplary damages arising out of or relating to your access or your inability to access Kill TV or the content. This exclusion applies regardless of theory of liability and even if you told the Company about the possibility of these damages or the Company knew or should have known about the possibility of these damages.
The Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors also will not be liable to you for any damages for (1) personal injury, (2) pain and suffering, (3) emotional distress, (4) loss of revenue, (5) loss of profits, (6) loss of business or anticipated savings, (7) loss of use, (8) loss of goodwill, (9) loss of data, (10) loss of privacy, or (11) computer failure related to your access of or your inability to access Kill TV or the content. This exclusion applies regardless of theory of liability and even if you told the Company about the possibility of these damages or the Company knew or should have known about the possibility of these damages.
If you are dissatisfied with Kill TV or have any other complaint, your exclusive remedy is to stop using Kill TV or file a complaint according to the procedures below. The maximum liability of the Company and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors to you for any claim will not exceed the greater of one hundred dollars ($100) or the amount you have paid to the Company for the applicable purchase out of which liability arose even if the remedy fails in its essential purpose.

9. Complaints

Kill TV is committed to promptly resolving, in good faith, all complaints and appeals.

All media can be reported by any user directly on the site. You may also send an email to support@killtv.me containing your name, email address or username, applicable URLs (if any), a description of the issue (e.g., underage material, non-consensual content, personal information, impersonation, trademark infringement, spam, prostitution or trafficking, etc.), and any additional details (including whether you are depicted in the content, whether you agreed to the recording of the content, and whether you agreed to the publication of the content on Kill TV.)
We intend to operate this system as efficiently and quickly as possible in a fair and reasonable manner. We strive to resolve all reports within seven (7) business days and provide clear guidelines to prevent issues from recurring. If a violation has occurred, we will determine the appropriate remedy and take the necessary action. Any content deemed to be illegal is removed immediately. We will not take action against other users for activity that happens on another platform or offline. We may suggest that you block the other user to prevent further interactions between you and the reported user.
Appeals from abuse takedowns can be sent to support@killtv.me with a written description of the basis for the appeal. In instances where disputes over consent cannot be resolved internally, such disputes are submitted to a neutral arbitration association at our expense. Once an action is taken or if more information is needed from you, we will contact you by email or other electronic message.
We reserve the right to take advanced actions against those users that (1) repeatedly violate our rules, or (2) engage in a single egregious violation of our rules. These advanced actions may include but are not limited to deleting the offending user’s account and permanently banning the user from using Kill TV in the future.
Copyright infringement disputes are addressed by sending DMCA notices to our Designated DMCA Agent in accordance with our DMCA Policy. Our response to DMCA notices or counter notifications are governed by the Digital Millennium Copyright Act and our DMCA Policy.

10. Scope of Disclaimers, Exclusions, and Limitations

The disclaimers, exclusions, and limitations stated herein apply to the greatest extent allowed by law, but no more. The Company does not intend to deprive you of any mandatory protections provided to you by law. Because some jurisdictions may prohibit the disclaimer of some warranties, the exclusion of some damages, or other matters, one or more of the disclaimers, exclusions, or limits will not apply to you.

Indemnification

10.1 Indemnification Provision: You will pay the Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) for any loss of the Indemnified Parties’ that is caused by any of the following: your access of Kill TV; your conduct on Kill TV, including any content you submit to Kill TV; your breach of these Terms; your actual or alleged violation of rights of any person, including intellectual property and privacy rights; your actual or alleged violation of any law; your actual or alleged negligent, fraudulent, or intentional conduct; or your actual or alleged criminal conduct. But you are not required to pay if the loss was caused by the Indemnified Parties’ intentional misconduct.

10.2 Definitions Related to Indemnification: “Loss” means an amount that the Indemnified Parties are legally responsible for or pay in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim for a loss (including fees for legal counsel, expert witnesses, and other advisers). A loss can be tangible or intangible; can arise from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory of recovery; and includes incidental, direct, and consequential damages. A loss is “caused by” an event if the loss would not have happened without the event, even if the event is not a proximate cause of the loss.

10.3 Indemnified Parties’ Duty to Notify You: If the Indemnified Party has your contact information, the Indemnified Party will notify you before the 30th day after the Indemnified Party knows or should reasonably have known of a claim for a loss that you might be compelled to pay. But the Indemnified Party’s failure to give you timely notice does not end your obligation, except if that failure prejudices your ability to defend or mitigate losses.

10.4 Legal Defense of a Claim: The Indemnified Party has control over defending a claim for a loss (including settling it), unless the Indemnified Party directs you to control the defense. If the Indemnified Party directs you to control the defense, you will not settle any litigation without the Indemnified Party’s written consent if the settlement (1) imposes a penalty or limitation on the Indemnified Party, (2) admits the Indemnified Party’s fault, or (3) does not fully release the Indemnified Party from liability. You and the Indemnified Party will cooperate with each other in good faith on a claim.

10.5 No Exclusivity: The Indemnified Parties’ rights herein do not affect other rights they might have.

11. Disputes

11.1 Informal resolution. Most disputes can be resolved informally, so if you have an issue with the services, you agree to reach out to us before initiating a lawsuit or arbitration. This requires emailing support@killtv.me.com a written notice (“Written Notice”), which must include: (1) your name; (2) the email address or phone number associated with your Kill TV account; (3) a detailed description of the issue; and (4) how you’d like to resolve it. If the dispute is not resolved within sixty (60) days after receipt of the Written Notice, you and Kill TV agree to resolve any remaining dispute through further informal discussions or one of the formal dispute resolution provisions below. You must engage in this informal resolution process before starting any formal dispute resolution unless exempted by law. Applicable statutes of limitations and due dates for arbitration filing fees or other deadlines will be tolled upon receipt of the Written Notice to support@killtv.me, while the parties attempt informal resolution.

If you reside in the European Union, you may also be entitled to submit your complaint to the European Commission’s Online Dispute Resolution (ODR) Platform or the Out-of-Court Dispute Settlement (“OCDS”) mechanism under DSA Article 21. ODR allows EU consumers to resolve disputes related to the online purchases of goods and services without going to court. Note that a submission to the ODR or via the OCDS mechanism alone, without submitting a Written Notice to support@killtv.me, will not toll the applicable statutes of limitations or other deadlines.

11.2 Governing law and jurisdiction. The Federal Arbitration Act, federal arbitration law, and Nevada law will apply to these terms and any disputes related to these terms or our services, regardless of conflict of laws rules. Any dispute that is not subject to arbitration will be resolved exclusively in the state or federal courts in Clark County, Nevada, and you and Kill TV both consent to venue and personal jurisdiction in these courts.

If you are a consumer residing in the European Union, this clause and these terms in general do not affect any mandatory consumer rights you may have under your local law, and all disputes arising in connection with the services and/or these terms shall be submitted to the exclusive jurisdiction of the court of Amsterdam, the Netherlands or, if you are a consumer, to a court closer to your domicile if in an EU Member State.

11.3 Agreement to arbitrate.

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IF YOU’RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT:

You and Kill TV agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. Except for the circumstances described below, and only after the parties have engaged in a good-faith, but unsuccessful, effort to resolve the dispute in accordance with the “informal resolution” process (above), you andKill TV agree to resolve any dispute, disagreement, or claim relating to these terms or our services through final and binding arbitration in the U.S. county where you reside. This includes claims that arose, were asserted, or involve facts occurring before the existence of this arbitration agreement or any prior agreement as well as claims that may arise after the termination of this arbitration agreement, in accordance with the notice set forth in section.

11.4 Arbitration rules. The arbitration will be conducted by a single arbitrator, governed by these terms and the American Arbitration Association Rules, excluding any rules or procedures governing or permitting class or representative actions (the “AAA Rules”), available at https://www.adr.org/active-rules. These terms will govern if there’s a conflict between these terms and the AAA Rules. To begin the arbitration proceeding, either party must submit a written Demand for Arbitration (available at www.adr.org) with the AAA and provide a copy to the other party as specified in the AAA Rules. To provide notice to Kill TV, please send an email with the subject line “Arbitration Demand” to support@killtv.me.

If the amount in controversy does not exceed $10,000, and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you and Kill TV submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing, which may be in-person, videoconference, or telephone conference.

11.5 Arbitration costs. AAA sets forth fees for its services, which are available at www.adr.org/sites/default/files/Consumer-Fee_Schedule.pdf. If Kill TV is the party initiating an arbitration against you, Kill TV will pay all costs associated with the arbitration, including the entire filing fee. If you initiate an arbitration against Kill TV, you will be responsible for the first $100 toward the nonrefundable Initial Filing Fee, unless the arbitrator determines that you are unable to pay, in which case Kill TV will pay the entire filing fee. For cases seeking less than $75K, Kill TV will pay the remainder of the Initial Filing Fee and both parties’ Administrative fees (unless the arbitrator finds your claims, defenses, or other fee-generating activity to be conducted for an improper purpose or frivolous (under the standard set forth in Federal Rule of Civil Procedure 11). For cases seeking more than $75K, fees and costs will be determined in accordance with AAA Rules.

In all arbitrations, unless otherwise required by law or the AAA Rules, you’re responsible for all other additional arbitration costs incurred, including attorney’s fees and expert witness costs. The parties agree that AAA has discretion to modify the amount or timing of any administrative or arbitration fees due under AAA’s Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by AAA does not constitute a default, waiver, or breach of this Section while such challenge remains pending before AAA, the arbitrator, and/or a court of competent jurisdiction.

11.6 Offer of Judgment. At least 14 days before the date set for an arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer made by the offering party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party will not recover its post-offer costs and will pay the offering party’s costs from the time of the offer.

11.7 Arbitration Decision. The decision of the arbitrator will be in writing and binding on you and Kill TV, and judgment to enforce the decision may be entered by any court of competent jurisdiction. You and Kill TV agree that dispositive motions will be allowed in the arbitration. Except as explicitly set forth in this arbitration section, the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these terms of service, including, but not limited to any claim that all or any part of these terms of service are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of AAA or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator must follow these terms and can award the same damages and relief as a court. The arbitrator has the right to impose sanctions in accordance with the AAA Rules and procedures for any frivolous claims, improper claims, or submissions the arbitrator determines have not been filed in good faith, as well as for a party's failure to comply with this Section or claims filed on behalf of a claimant who is not party to this agreement. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.

11.8 Mass filings. If, at any time, 30 or more similar demands for arbitration are asserted against Kill TV or related parties by the same or coordinated counsel or entities (“Mass Filing”), these additional rules will apply:

If you or your counsel file a demand for arbitration that fits within the definition of Mass Filing, you agree that your demand for arbitration will be subject to the additional protocols set forth in this mass filing subsection.

Bellwether proceedings are encouraged by courts and arbitration administrators when there are multiple disputes involving similar claims against the same or related parties. You and Kill TV agree to jointly ask the arbitrator to agree to the following procedures: The arbitrator will randomly assign sequential numbers to each of the claims included in a Mass Filing, after which the claims numbered 1-10 will be designated the “Initial Test Cases” and will proceed to arbitration. The Parties agree to decide on a single arbitrator for all Initial Test Cases and to consolidate the cases for pre-hearing procedures and the pre-hearing conference. Unless the claims are resolved in advance or the schedule is extended, the arbitrator will render final awards for the Initial Test Cases within 120 days of the initial pre-hearing conference. If fewer than 5 Initial Test Cases resolve without a final decision of the arbitrator because they are resolved in advance, cases will be selected in batches of 10 and will proceed to arbitration until at least 5 have been resolved by a final arbitrator decision. The arbitrator’s decisions for the Initial Test Cases shall be in writing and shall contain the essential findings and conclusions of fact and law upon which the arbitrator based the decision.

The results of the Initial Test Cases resolved by a final arbitrator decision will then be given to a mediator who will try to facilitate a resolution of the remaining cases. After the results are provided to the mediator, the mediator and the parties will have 90 days (the “Mediation Period”) to agree on a resolution or substantive methodology for resolving the outstanding cases. If the parties are unable to resolve the outstanding claims during the Mediation Period, either Party may choose to opt out of the arbitration process and proceed in court with its remaining claims. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. Opt out of arbitration under this section shall not be construed as opt out of the section titled “Class Waiver” below.

Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to claims in the Mass Filing.

If your demand for arbitration is included in the Mass Filing, any statute of limitations applicable to your claims will remain tolled until your demand for arbitration is decided, withdrawn, or is settled.

11.9 Other remedies. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. In some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU AND KILL TV ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to your state’s law.

11.10 Opt-out. These terms for arbitration begin on April 21, 2024, if you do not agree to these terms and conditions please immediately delete your account and stop all use of Kill TV services. We do NOT allow users to opt-out of this policy. Any account registered to Kill TV falling before or after April 21, 2024, shall be bound to arbitrate disputes in accordance with the terms of these paragraphs.

11.11 Exceptions.You or Kill TV may still pursue claims, if they qualify, exclusively in small claims court in Clark County, Nevada, and you and Kill TV both consent to venue and personal jurisdiction in that court. The small claims court, and not any arbitrator or AAA, shall have the exclusive authority to resolve disputes regarding whether a dispute is properly within the jurisdiction of a small claims court. Additionally, disputes concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of our services will not be subject to arbitration. Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party’s right to arbitration under this agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed (and any applicable statute of limitations tolled) pending the outcome of such action.

11.12 Class waiver. IF YOU’RE A U.S. RESIDENT, EXCEPT AS PROVIDED HEREIN, YOU AND KILL TV AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, UNLESS KILL TV PROVIDES ITS CONSENT TO CONSOLIDATE IN WRITING. If this specific paragraph is found unenforceable, then the “Agreement to arbitrate” section will be null and void. If there is a final judicial determination that applicable law precludes enforcement of this paragraph’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies. This subsection does not prevent you or Kill TV from participating in a class-wide settlement of claims.

11.13 Changes to this Dispute Section: Kill TV will provide 30 days’ notice of the date of any material changes to this clause. Changes will become effective on the 30th day and apply to all claims not yet filed. If you continue to use the site after the 30th day, you agree that any unfiled claims of which Kill TV does not have actual notice are subject to the revised clause. Any prior existing agreement to arbitrate disputes under a prior version of the arbitration agreement will not apply to claims not yet filed. If Kill TV changes this “Dispute Resolution” section after the date you first accepted this agreement (or accepted any subsequent changes to this agreement), you agree that your continued use of the Kill TV product(s) or services 30 days after such change will be deemed acceptance of those changes. If you do not agree to such change, you must delete your account immediately and stop all use of Kill TV’s site, products or applications.

12. Miscellaneous

12.1 Entire Agreement: These Terms constitute the entire agreement between you and the Company about your access to Kill TV. It supersedes all earlier or contemporaneous agreements between you and the Company about access to Kill TV. A printed version of this agreement will be admissible in any proceedings arising out of (or relating to) these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and kept in printed form. Any additional terms on Kill TV will govern the items to which they pertain.

12.2 Assignment and Delegation: The Company may assign its rights or delegate any performance under these Terms without your consent. You will not assign your rights or delegate your performance under this agreement without the Company’s advanced written consent. Any attempted assignment of rights or delegation of performance in breach of this section is void.

12.3 No Waivers: The parties may waive any provision in these Terms only by a writing signed by the party or parties against whom the waiver is sought to be enforced. No failure or delay in exercising any right or remedy, or in requiring the satisfaction of any condition, under these Terms, and no act, omission, or course of dealing between the parties, operates as a waiver or estoppel of any right, remedy, or condition. A waiver made in writing on one occasion is effective only in that instance and only for the purpose stated. A waiver once given is not to be construed as a waiver on any future occasion or against any other person.

12.4 Severability: The parties intend as follows:

that if any provision of these Terms is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded;
that if modifying or disregarding the unenforceable provision would result in failure of an essential purpose of this agreement, these Terms will be held unenforceable;
that if an unenforceable provision is modified or disregarded in accordance with this section, then the rest of these Terms will remain in effect as written; and
that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable.

12.5 Notice to the Company: You may send notice to the Company by email at support@killtv.me unless a specific email address is set out for giving notice. The Company will consider an email notice received by the Company only when its server sends a return message to you acknowledging receipt. The Company may change its contact information on one or more occasions by posting the change on Kill TV. Please check Kill TV for the most current information for sending notice to the Company.

12.6 Notice to You: You consent to receiving any notice from the Company in electronic form either (1) by email to the last known email address the Company has for you, (2) a notification on your account, or (3) by posting the notice on a place on Kill TV chosen for this purpose. The Company will consider notices sent to you by email received when its email service shows transmission to your email address. You state that any email address you gave the Company for contacting you is a current and valid email address for receiving notice, and that your computer has hardware and software configured to send and receive email through the Internet and to print any email you receive.

12.7 Force Majeure: The Company is not responsible for any failure to perform if unforeseen circumstances or causes beyond its reasonable control delays or continues to delay its performance, including: Acts of God, including fire, flood, earthquakes, hurricanes, tropical storms, epidemics, pandemics, or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; failure of the telecommunications or information services infrastructure; and hacking, spam, or any failure of a computer, server, network, or software.

12.8 No Third-Party Beneficiaries: These Terms do not, and the parties do not intend it to, confer any rights or remedies on any person other than the parties to this agreement.

12.9 Relationship of the Parties: These Terms do not, and the parties do not intend it to, create a partnership, joint venture, agency, franchise, or employment relationship between the parties and the parties expressly disclaim the existence of any of these relationships between them. Neither of the parties is the agent for the other, and neither party has the right to bind the other on any agreement with a third party.

12.10 Successors and Assigns: These Terms inure to the benefit of, and are binding on, the parties and their respective successors and assigns.

12.11 Communication Preferences: By registering for an account, you consent to receiving electronic communications from the Company relating to your account. These communications may involve sending emails to your email address provided during registration or posting communications on Kill TV and will include notices about your account (e.g., payment authorizations, change in password or payment method, confirmation emails, and other transactional information) and are part of your relationship with the Company. You acknowledge that any notices, agreements, disclosures, or other communications that the Company sends to you electronically will satisfy any legal communication requirements, including that these communications be in writing. The Company recommends that you keep copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from the Company, including newsletters about new features and content, special offers, promotional announcements, and customer surveys via email or other methods. You acknowledge that communications you receive from the Company may contain sexually explicit material unsuitable for minors. If you no longer want to receive certain non-transaction communications, please review the Privacy Policy regarding opting out of marketing communications.

12.12 Electronic Communications Not Private: The Company does not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to the Company or from the Company as open communications readily accessible to the public. You should not use Kill TV to send or receive messages you only intend the sender and named recipients to read.

12.13 Electronic Signatures: Any affirmation, assent, or agreement you send through Kill TV will bind you. You acknowledge that when you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your finger, mouse, keystroke, or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

12.14 California Consumer Rights Information: If you are a California resident, you may contact Kill TV LLC at 5757 Wayne Newton Blvd 11692, Las Vegas, Nevada, 89111, United States or by email at support@killtv.me to resolve any disputes or to receive further information about Kill TV. Users who want to gain access to the password-restricted area of Kill TV must register. The Company does not charge consumers for registering, but the Company does charge for purchasing content or subscriptions.

12.15 English Language: The Company drafted these Terms in the English language. No translation into any other language will be used to interpret or construe this agreement. All services, support, notices, designations, specifications, and communications will be provided in English.

12.16 Contact: You should direct all feedback, comments, requests for technical support, and other communications relating to Kill TV to support@killtv.me.