Date of last revision: February 2023

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY APP DISTRIBUTED BY KARHU MEDIA, LLC. By using any Karhu Media, LLC software application (the “Apps”) on any computer, mobile phone, tablet, console or other device (collectively, “Device”), you signify that you have read, understand and agree to be bound by these Terms of Use and any other applicable law. Karhu Media, LLC (“KARHU MEDIA”) may change these Terms of Use at any time without notice, effective upon its posting to the Apps. Your continued use of the Apps shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use the Apps.

Note that videos recorded and/or transferred with this application are temporarily stored on a public server and thus are not secure. These videos are deleted after they are downloaded to the display device, but they could potentially be accessed by others while on the server. KARHU MEDIA retains the right to manage and/or delete any videos on the server for any reason at any time.

The Apps may include features that promote physical activity.  Consider the risks involved and consult with your medical professional before engaging in any physical activity. KARHU MEDIA is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the Apps.

All intellectual property on the Apps is owned by KARHU MEDIA or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by KARHU MEDIA. All content on the Apps (except for Personal Information), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) is a collective work under the United States and other copyright laws and is the proprietary property of KARHU MEDIA; All rights reserved.

You may use the Content only for your own non-commercial use to use the Apps. You agree not to change or delete any ownership notices from materials downloaded or printed from the Apps. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the Apps, including Personal Information (defined below), without KARHU MEDIA’s prior written consent, unless it is your own Personal Information that you legally post on the Apps. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

To use the Apps, you may be asked to provide certain personal information (the “Personal Information”) to optimize your use of the Apps. If you choose to provide such Personal Information, you agree to provide accurate and current information about yourself, and KARHU MEDIA will not be responsible for any injury related to any Personal Information you submit to the Apps or omit. The use or disclosure of any Personal Information you supply will be governed by our Privacy Policy.

The Apps may contain links to websites, applications or other products or services operated by other companies (“Third Party Platforms”). KARHU MEDIA does not endorse, monitor or have any control over these Third Party Platforms, which have separate terms of use and privacy policies. KARHU MEDIA is not responsible for the content or policies of Third Party Platforms and you access such Third Party Platforms at your own risk.

The Apps contain services and features that are available to certain mobile Devices. Your carrier’s normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using KARHU MEDIA’s mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don’t send your messages to a different person.

You agree to indemnify, defend, and hold harmless Karhu Media, LLC, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your Personal Information, your use of the Apps, your conduct in connection with the Apps or with other App users, or any violation of these Terms of Use, any law or the rights of any third party.

Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on the Apps.

You are solely responsible for your interactions with other people, whether online or in person. KARHU MEDIA is not responsible or liable for any loss or damage resulting from any interaction with other App users, persons you meet through the Apps, or persons who find you because of information posted on, by or through the Apps. You agree to take reasonable precautions in all interactions with other users on the Apps, and conduct any necessary investigation before meeting another person.  KARHU MEDIA is under no obligation to become involved with any user dispute, but may do so at its own discretion.

KARHU MEDIA is not responsible or liable for any Personal Information posted on the Apps or for any offensive, unlawful or objectionable content you may encounter on or through the Apps. The Apps are provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law, KARHU MEDIA disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. KARHU MEDIA cannot guarantee and does not promise any specific results from use of the Apps. KARHU MEDIA does not represent or warrant that the Apps will be uninterrupted or error-free, that any defects will be corrected, or that the Apps or the server that makes the Apps available are free of viruses or anything else harmful. To the fullest extent permitted by law, KARHU MEDIA does not make any warranties or representations regarding the use of the materials or Content in the Apps in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Apps, loss of data or other harm of any kind that may result. KARHU MEDIA reserves the right to change any and all Content and other items used or contained in the Apps at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

KARHU MEDIA SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE APPS OR THE CONDUCT OF OTHER APP USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A KARHU MEDIA EVENT OR ANY PERSONAL INFORMATION, EVEN IF KARHU MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE APPS. YOUR ONLY REMEDY AGAINST KARHU MEDIA FOR USE OF THE APPS OR ANY CONTENT IS TO STOP USING THE APPS. THAT SAID, IF KARHU MEDIA IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE APPS OR ANY CONTENT, KARHU MEDIA’S LIABILITY SHALL NOT EXCEED US$100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

You agree that the Apps shall be deemed a passive website solely based in Steamboat Springs, Colorado, which does not give rise to personal jurisdiction over KARHU MEDIA in jurisdictions other than Colorado. You agree that the Apps, Terms of Use, Privacy Policy and any dispute between you and KARHU MEDIA shall be governed in all respects by Colorado law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Apps (including but not limited to the purchase of KARHU MEDIA products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Routt County, Colorado. You consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Routt County, Colorado. Any cause of action or claim you may have with respect to the Apps (including but not limited to the purchase of KARHU MEDIA products) must be commenced within one (1) year after the claim or cause of action arises. By using the Apps, you agree to receive certain electronic communications from KARHU MEDIA. You agree that any notice, agreement, disclosure or other communication that KARHU MEDIA sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. KARHU MEDIA’s failure to insist upon or enforce strict performance of any of these Terms of Use shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms of Use. KARHU MEDIA may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.

KARHU MEDIA reserves the right in its sole discretion to terminate your account, delete your profile and any of your Personal Information, and restrict your use of all or any part of the Apps for any or no reason, without notice, and without liability to you or anyone else. KARHU MEDIA also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the Apps. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.