TERMS & CONDITIONS
- Kino Flo firmware downloads shall apply to specific Kino Flo models and are for use within specific territories only. The responsibility to ensure the compatibility of your Kino Flo product to download any specific Kino Flo firmware and shall be solely vested by the user;
- Downloading an incorrect / inappropriate firmware may cause malfunction to your Kino Flo product and you agree to discharge us against any liability for the same;
- Integrating firmware not specific to Kino Flo models with any Kino Flo firmware may cause malfunction to your Kino Flo product and you agree to discharge us against any liability for the same;
- The user shall be solely responsible for downloading, updating and using any Kino Flo firmware in your Kino Flo product;
- Owners and users of products which are not of Kino Flo models shall not be granted any right and or license to download any Kino Flo firmware;
- Intellectual property rights to all Kino Flo firmware downloads shall be solely vested to Kino Flo at all material times. You shall by downloading any Kino Flo firmware be deemed only to have a non-exclusive, non-assignable and irrevocable license to use the same. No part of any Kino Flo firmware and or any intellectual property right relating to the same may be adapted, duplicated, reproduced, transferred and or loaned for commercial benefit / purposes by you and or third parties in any manner whatsoever;
- You shall not adapt, alter, modify, reverse-engineer, reverse compile, reverse assemble and or otherwise tamper with our Kino Flo firmware in any manner whatsoever, failing which we shall be at liberty to retain, dispose of and or destroy your Kino Flo product in a manner which we shall in our absolute discretion deem just and fit without any liability to you. We shall be at further liberty to require you to remove any infringing / interfering firmware and or software which you had downloaded onto your Kino Flo product for the purposes of ensuring the continuing quality of Kino Flo products and you shall without any claim against us howsoever comply with the same within the time determined by us;
- Incomplete / incorrect downloading of Kino Flo firmware may result in errors which may require repair to your Kino Flo product. We shall be at liberty to impose repair / service charges notwithstanding that your Kino Flo product may be under warranty at the material time;
- Downloading Kino Flo firmware shall be at your sole risks. We do not guarantee, represent and or warrant that Kino Flo firmware are error-free, merchantable and fit for your purposes at all times. However, we shall undertake our best endeavors to rectify and or resolve any issue of error and to assist you in future downloads upon rectification and resolution; and
- Kino Flo firmware downloads may from time to time incorporate firmware and or software licensed by Kino Flo from third party proprietors. Intellectual property rights to the said third party firmware and or software shall remain solely vested in the said third party proprietors at all material times. You shall, by downloading any Kino Flo firmware and or software incorporating the same, be deemed to have agreed to the terms and conditions of application / use imposed by the said third party proprietors as if the same had been specifically entered into between you and the said third party proprietors. You shall be solely liable for any damage and or loss incurred by the said third party proprietors in the event of breach of any of the said terms and conditions on your part without any contribution of liability from us and shall further indemnify us against any damage and or loss incurred by us in the event of the said breach. You agree, represent and warrant that you shall not export the said third party firmware and or software and or any underlying technology in contravention of applicable United States of America and or foreign export laws and regulations.
Last updated June 01, 2018
TABLE OF CONTENTS
1. WHAT INFORMATION DO WE COLLECT?
Information collected from other sources
In Short: We may collect limited data from public databases, marketing partners, and other outside sources.
We may obtain information about you from other sources, such as public databases, joint marketing partners, as well as from other third parties. Examples of the information we receive from other sources include: social media profile information; marketing leads and search results and links, including paid listings (such as sponsored links).
2. HOW DO WE USE YOUR INFORMATION?
In Short: We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.
We use personal information collected via our Sites for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests ("Business Purposes"), in order to enter into or perform a contract with you ("Contractual"), with your consent ("Consent"), and/or for compliance with our legal obligations ("Legal Reasons"). We indicate the specific processing grounds we rely on next to each purpose listed below.
We use the information we collect or receive:
- To facilitate account creation and logon process with your Consent. If you choose to link your account with us to a third party account *(such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process. See the section below headed "HOW DO WE HANDLE YOUR SOCIAL LOGINS" for further information.
- To send you marketing and promotional communications with your Consent. We and/or our third party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. You can opt-out of our marketing emails at any time (see the "WHAT ARE YOUR PRIVACY RIGHTS" below).
- Deliver targeted advertising to you for our Business Purposes. We may use your information to develop and display content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.
- To enable user-to-user communications with your Consent. We may use your information in order to enable user-to-user communications with each user's consent.
- For other Business Purposes. We may use your information for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Sites, products, services, marketing and your experience.
3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
In Short: We only share information with your consent, to comply with laws, to protect your rights, or to fulfill business obligations.
We only share and disclose your information in the following situations:
- Compliance with Laws. We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
- Vital Interests and Legal Rights. We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
- Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
- With your Consent. We may disclose your personal information for any other purpose with your consent.
4. HOW LONG DO WE KEEP YOUR INFORMATION?
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
5. HOW DO WE KEEP YOUR INFORMATION SAFE?
In Short: We aim to protect your personal information through a system of organizational and technical security measures.
We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal information, transmission of personal information to and from our Sites is at your own risk. You should only access the services within a secure environment.
6. DO WE COLLECT INFORMATION FROM MINORS?
In Short: We do not knowingly collect data from or market to children under 18 years of age.
7. WHAT ARE YOUR PRIVACY RIGHTS?
In Short: You may review, change, or terminate your account at any time.
If you are resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm
If you would at any time like to review or change the information in your account or terminate your account, you can:
■ Log into your account settings and update your user account.
Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list – however, we will still need to send you service-related emails that are necessary for the administration and use of your account. To otherwise opt-out, you may:
■ Note your preferences when you register an account with the site.
8. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered account with the Sites, you have the right to request removal of unwanted data that you publicly post on the Sites. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Sites, but please be aware that the data may not be completely or comprehensively removed from our systems.
9. DO WE MAKE UPDATES TO THIS POLICY?
In Short: Yes, we will update this policy as necessary to stay compliant with relevant laws.
10. HOW CAN YOU CONTACT US ABOUT THIS POLICY?
2840 N. Hollywood Way
Burbank, CA 90004