Follow Through

Effective Date: January 15, 2020

 

The terms of this agreement (“Terms of Service”) govern the relationship between you (“You”, “you”, “Your”, and “your”) and Shane Kimber (“Kimber”, “we”, “us”, “our”) regarding Your use of Kimber’s music (the “Music”). Use of the Music is also governed by Shane Kimber’s Privacy Policy (“Privacy Policy”) and other relevant policies, which are incorporated into these Terms of Service by reference.

 

BY USING OR OTHERWISE ACCESSING THE MUSIC, YOU AGREE TO THESE TERMS OF SERVICE AND THE PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE AND PRIVACY POLICY, PLEASE DO NOT USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE MUSIC IS VOID WHERE PROHIBITED.

 

If you are below the age of 18, you represent that your legal guardian has reviewed and agreed to these Terms of Service. Kimber may, at any time, require proof of your identity and age and/or of consent from your legal guardian, and may restrict use of the Music until such proof has been verified by us. If you access the Music from a third-party site you will comply with its terms of service as well as these Terms of Service. 

 

We reserve the right, in our sole discretion, to change these Terms of Service, our Privacy Policy and any other Kimber policies by publishing updated terms. You accept such changes by continuing to use the Music. If you do not agree to any portion of the Terms of Service, Privacy Policy, or any other Kimber policies, your licence to use the Music will terminate, and you must immediately stop using the Music, including but not limited to taking Master Recordings down from digital service providers.

 

• The Music

 

The Music is the music that you download from www.overgrowthrenaissance.com directly, from Kimber’s library of instrumentals, beats and other arrangements. 

 

• Your Master Recordings and Compositions

 

Any Music that you use to create a recording, including but not limited to a recording with a vocal embedded into the Music, or if you are using the Music as a sample, the recording created by You shall be considered a “Master Recording” and collectively the “Master Recordings”. The underlying composition of a Master Recording, which includes the Music, is considered a “Composition” and collectively, the “Compositions”.

 

• Licence

 

• Grant of a Limited Licence to Use the Music

 

If you continue to comply with these Terms of Service, Privacy Policy and any other relevant Kimber policies, Kimber grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Music for your own commercial and non-commercial purposes as further outlined and limited herein. You agree to use the Music in accordance with all applicable laws (including laws relating to copyright), rules and regulations, or other restrictions on use of the Music, as well as these Terms of Service. For clarity, regarding non-exclusivity, multiple users may license the same Music from Kimber. For clarity, and notwithstanding anything to the contrary herein, and notwithstanding any other communication, or notice, or otherwise, You are not being granted an exclusive right to use the Music.

 

Notwithstanding the generality of the foregoing, the license of the Music may be used for any number of Master Recordings and any number of Compositions. Unless the grant of rights is terminated as outlined herein, the license granted shall be perpetual and throughout the universe, and shall be use in any all media, now known or hereafter devised. 

 

Without limiting the generality of the foregoing, You, in Your sole and absolute discretion, and anyone authorized by You, shall control the Master Recordings and the Compositions, and shall have the rights to manufacture, produce, advertise, sell, couple, lease, license, distribute, exploit, or otherwise use or dispose the Master Recordings, in any or all fields of use by any manner, method, medium, format, configuration, platform or technology, now known or hereafter devised, including by physical format; to edit, adapt, re-mix, re-sequence or otherwise alter the Compositions and Master Recordings in any way whatsoever; to release recordings embodying the performances on the Master Recordings; to perform the Master Recordings and Compositions publicly and in synchronization with video and other similar purposes.

 

• Upfront Fees and Royalties for Use of the Music.

 

If when you download the Music, you choose Option A – Upfront Fee and No Royalties, once you have paid the upfront fee in full, and such payment has been confirmed in writing by Kimber, you will be granted the rights outlined herein, and you will not be required to pay any music royalties to Kimber.

 

If when you download the Music, you choose Option B – Royalties and No Upfront Fee, there will be no upfront fee for use of the Music, however, you agree to the allocation of music royalties as outlined herein.

 

Performance Rights Royalties 

 

Writer’s Share

• You shall be provided 50% of the so-called writer’s share of performance rights royalties with respect to the Compositions.

• Kimber shall be provided 50% of the so-called writer’s share of performance rights royalties with respect to the Compositions. 

 

Publisher’s Share

• You shall be provided 50% of the so-called publisher’s share of performance rights royalties with respect to the Compositions.

• Kimber shall be provided 50% of the so-called publisher’s share of performance rights royalties with respect to the Compositions.

 

Irrespective of the quality or quantity of the creations and contributions to the Compositions by others, such splits as outlined above shall not change. Your share of the performance rights royalties may be allocated to other parties without the need for Kimber’s consent to be provided. By way of example, if You have a collaborator, co-writer or producer, You may decide to allocate the so-called writer’s share of performance rights royalties with respect to a Composition as follows: Kimber (50%), You (25%), Your producer (25%).

 

 

All such fees shall be paid directly by performing rights organizations (including but not limited to ASCAP, BMI, SESAC and SOCAN) as opposed to You paying Kimber such royalties or Kimber paying you such royalties. 

 

All performing rights organizations registrations of the Compositions shall be made by You. However, if you don’t register a Composition with a performing rights organization, Kimber may register that Composition. 

 

When you download the Music, Kimber shall provide you with the registration details required for the performing rights organizations registration. If a PRO registration is inaccurate, namely missing information related to Kimber’s entitlements, the rights granted herein shall automatically terminate. 

 

Mechanical Royalties

• You shall be entitled to 50% of the mechanical royalties generated from the Compositions.

• Kimber shall be entitled to 50% of the mechanical royalties generated from the Compositions.

 

For clarity, this covers all mechanical royalties from streaming, downloads and physical reproductions of the Compositions. You and Kimber shall independently administer their portion of the Compositions. For clarity, Kimber shall collect its share of such royalties. 

 

If You enter into a record label agreement involving a mechanical license, you shall direct all relevant parties to pay Kimber’s share of mechanical royalties directly to Kimber, and you shall not agree to a controlled composition clause which would reduce the mechanical royalty more than 25% overall from the statutory or industry rates, as the case may be.

 

Notwithstanding the foregoing, if you receive any of the royalties herein that should have been paid to Kimber, You shall pay such funds to Kimber, with an explanation outlining what occurred, and an explanation of how the funds were calculated, along with any reports you received or were entitled to receive, on the schedule outlined in the Statements and Payments section herein. 

 

Sales and Licenses of the Master Recordings

• You shall be provided 50% from sales and licenses of the Master Recordings.

• Kimber shall be provided 50% from sales and licenses of the Master Recordings.

 

For clarity, from streaming royalties to digital downloads of Master Recordings, from all money that is generated, 50% shall be allocated to You and 50% shall be allocated to Kimber.

 

If You use a music distribution service, such service may take up to 20% as a commission before the remainder is split evenly between You and Kimber.  

 

You shall direct your music distribution company to pay Kimber’s share directly to Kimber. If such allocation is not possible, You shall pay Kimber its share of such royalties as outlined in the Statements and Payments section herein. 

 

You shall be entitled to make all decisions with respect to the distribution of the Master Recordings, so long as such fees are based on industry standard reasonable rates, and so long as you are not circumventing Kimber’s entitlements. 

 

Music Placements

• From placements into film, TV, games, advertising and related media, You shall be provided 50% of all master use rights license fees of Master Recordings and 50% of all synchronization licenses of the Compositions.  

• From placements into film, TV, games, advertising and related media, Kimber shall be provided 50% of all master use rights license fees of Master Recordings and 50% of all synchronization licenses of the Compositions.  

 

If You use a synchronization agent, publishing company, music recording label, or related party, such service may take up to 20% as a commission before the remainder is split evenly between You and Kimber.  

 

You shall direct all relevant parties to pay Kimber’s share directly to Kimber. If such allocation is not possible, You shall pay Kimber’s its share of such royalties as outlined in the Statements and Payments section herein. 

 

You shall be entitled to make all decisions with respect to placements of the Master Recordings and Compositions, so long as such fees are based on industry standard reasonable rates, and so long as you are not circumventing Kimber’s entitlements. 

 

SoundExchange

 

Rights Owner’s Share

• You shall be provided 50% of the rights owner’s share of SoundExchange royalties (and similar neighbouring rights royalties from other organizations, namely CONNECT, if applicable) with respect to the Master Recordings.

• Kimber shall be provided 50% of the rights owner’s share of SoundExchange royalties (and similar neighbouring rights royalties from other organizations, namely CONNECT, if applicable) with respect to the Master Recordings.

 

Featured Performer’s Share

• You shall be provided 50% of the featured performer’s share of SoundExchange royalties (and similar neighbouring rights royalties from other organizations, namely MROC and ACTRA RACS, if applicable) with respect to the Master Recordings.

• You shall be provided 50% of the featured performer’s share of SoundExchange royalties (and similar neighbouring rights royalties from other organizations, namely MROC and ACTRA RACS, if applicable) with respect to the Master Recordings.

 

You shall execute a letter of direction, for example a SoundExchange letter of direction, with respect to the featured performer’s share, which shall be prepared by Kimber and sent to You, and must be signed by You as a condition for the grant of rights as outlined herein. Before you commercially exploit the Master Recording and the Composition, you shall contact Kimber and provide the following information:

 

• Name(s) of Compositions: 

• Name of solo artist or group on the recording:

• Legal name of the performer(s): 

• ISRC (if available):

• Name of label (if relevant):

• Release date (if known):

• Other artists on this Master Recording:

 

If any such information is not known when the email is sent to Kimber, upon such information becoming available, You shall send such information to Kimber and note that the information has been revised.

 

The letter of direction shall apply retroactively to all available royalties for all Master Recordings. 

 

All payments to Kimber are to be paid by PayPal using overgrowthrenaissance@gmail.com or by electronic transfer toovergrowthrenaissance@gmail.com.

 

If any of the required actions, including regarding payment of any of the royalties outlined herein, do not occur, Kimber may, on twenty (20) days written notice, terminate Your rights with respect to the Music. If You cure the default to Kimber’s satisfaction within twenty (20) days from when notice is provided to You or any related party, including but not limited to a general email address found on any of your digital platforms or otherwise, You shall no longer be entitled to use the Music and shall continue to be obligated to ensure Kimber is compensated, as outlined herein, for all uses of the Master Recordings and Compositions. 

 

• Statements and Payments.

 

Notwithstanding the generality of the foregoing, in particular regarding Kimber being paid by third party organizations, You shall provide an accounting statement and payment, if relevant, to Kimber of all Kimber’s royalties within two (2) months of each semi-annual period for the prior calendar semi-annual period. For clarity, an accounting statement and payment shall be provided by March 31 for the period of July 1 to December 31 from the prior year, and again on August 31 for the period of January 1 to June 30 from the prior year. In addition, you shall provide all reports that You received from third parties which relate to the accounting statement and payment that You provide Kimber. 

 

You shall keep accurate books of account covering all royalties with respect to the Compositions and Master recordings. You will maintain books of account concerning the sale, distribution and exploitation of the Master Recordings and Compositions. A representative on Kimber’ behalf may, at Kimber’s expense, once per year and once per statement, examine Your books and records to verify the accuracy and completeness of Your accountings to Kimber. Such examinations are to be made upon ten (10) days prior written notice. In the event Kimber conducts an examination hereunder and as a result of such examination additional monies are owed to Kimber, You shall immediately pay Kimber such fees, and any audit costs, so long as the additional monies owed to Kimber exceed One Thousand Dollars ($1,000 USD).

 

• Credit

 

You shall provide the following credit, and any other credit information provided by Kimber to You, at any time, including when you download the Music: Music by Shane Kimber 

 

Such credit shall be provided on the labels of records and the liner notes of albums and in all other configurations and in metadata for digital exploitations. All social media references to the Master Recordings and Compositions shall tag the relevant Kimber tags for the platform, the details of which shall be provided when You download the Music from Kimber. Credit shall be provided in all national trade and consumer advertisements of ¼ page or more and billboard strips where similar credit is accorded in connection with Master Recordings. If any third party violates any of the credit obligations, You shall upon receipt of notice by any party of such failure, or earlier, take reasonable steps to prospectively cure any such failure. No inadvertent, no repetitive or casual failure by You, nor any failure by a third party, to accord credit in accordance with this section shall be a breach of these Terms of Service. 

 

• Warranties and Indemnification. 

 

Kimber warrants that the Music shall not infringe upon or violate any rights of any third party. 

 

You warrant that your contributions and the contributions of any third party with respect to the Compositions and Master Records (other than Kimber and parties engaged by Kimber) shall not infringe upon or violate any rights of any third party.

 

Each party warrants and agrees that such party is free to enter into and perform this Terms of Service and is not and will not be under any disability, restriction or prohibition, contractual or otherwise, with respect to (i) its right to enter into this Terms of Service, (ii) its right to grant all of the rights granted hereunder, and (iii) its right to fully perform each and every term and provision hereof. 

 

Each party warrants and agrees that it will not do or attempt to do, or suffer to be done, any act in derogation of or inconsistent with the rights granted hereunder. 

 

Each party hereby agrees to indemnify and hold harmless the other party (and their licensees and assigns, and the directors, officers, and agents of the foregoing) from and against any third party claim, loss, liability, judgment, cost or expense, including reasonable external lawyer’s fees, suffered or incurred by the party as a result of or by reason of any breach by the indemnifying party of their obligations, representations or warranties under this Terms of Service, provided such claim has been reduced to a final adverse judgment by a court of competent jurisdiction. Kimber reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You. You shall consult with Kimber upon Kimber’s request with respect to claims. Notwithstanding the foregoing, Kimber’s decisions regarding any proposed settlements shall be final, and shall not abrogate or diminish Your obligation to indemnify Kimber as set forth herein.

 

• Licence Limitations

 

Kimber may terminate your licence immediately if Kimber determines, in its sole discretion, that you are in violation of any of the following Licence limitations. 

 

You agree that you will not, under any circumstance: 

 

• Create an Account if you are younger than the age of 18 or allow anyone under the age of 18 to use your Account without the permission of their legal guardian. You accept full responsibility for any unauthorized use by a minor, including the use of your credit card or other methods of payment;

• Circumvent or modify, attempt to circumvent or modify, or encourage or assist any other person to circumvent or modify, any security, technology, device, or software that is related the Music;

• Use the Music to engage in any activities that infringe intellectual property rights, trademark, patent, trade secret, right of privacy, right of publicity or other right of any person or entity, or that impersonate any other person;

• Interfere or attempt to interfere with the operation of Kimber’s services, or the servers or networks connected to the Music including through denial of service attacks, overloading a service, improperly seizing or abusing operator privileges (“hacking”), or attempting to “crash” a host;

• Use the Music to defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including rights relating to privacy and publicity;

• Solicit or attempt to solicit Login Information or any other login credentials or personal information from other users of the service; or

• Have an Account or use the Music if, previously, you have been removed by Kimber from using the Music.

 

• Termination

 

KIMBER MAY, IN OUR SOLE DISCRETION, CANCEL, TERMINATE, RESTRICT OR SUSPEND YOUR ACCESS TO THE MUSIC OR DELETE YOUR ACCOUNT AND ANY INFORMATION RELATED TO SUCH ACCOUNT IF WE REASONABLY BELIEVE THAT YOU ARE OR WILL BE IN VIOLATION OF THESE TERMS OF SERVICE OR ANY APPLICABLE LAWS. ANY SUCH CANCELLATION, TERMINATION, RESTRICTION, SUSPENSION OR DELETION IS IN ADDITION TO, AND NOT IN LIEU OF, ANY RIGHTS AND REMEDIES AVAILABLE TO KIMBER UNDER THESE TERMS OF SERVICE OR ANY APPLICABLE LAW. THE AGREEMENT FORMED BY YOUR ACCEPTANCE OF THESE TERMS OF SERVICE, OUR PRIVACY POLICY AND OTHER POLICIES WILL CONTINUE TO APPLY TO AND BE BINDING UPON YOU IN RESPECT OF YOUR PRIOR USE OF THE MUSIC. FOR GREATER CERTAINTY, ANY INDEMNIFICATION, WARRANTIES AND LIMITATIONS OF LIABILITY UNDER THE TERMS OF SERVICE REMAIN IN EFFECT FOLLOWING ANY CANCELLATION, TERMINATION, RESTRICTION OR SUSPENSION OF YOUR ACCESS TO THE MUSIC OR DELETION OF YOUR ACCOUNT. THIS AGREEMENT WILL TERMINATE AUTOMATICALLY IF YOU FAIL TO COMPLY WITH ITS TERMS AND CONDITIONS. IN SUCH EVENT, YOU MUST CEASE AND DESIST FROM ACCESSING ANY COMPONENTS OF THE MUSIC. 

 

• Ownership

 

•     10.1.Music

 

Kimber retains ownership of all rights, title and interest to the Music (including without limitation all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer code, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, character profile information, documentation and moral rights whether registered or not and all applications thereof). The Music is protected by applicable laws and treaties throughout the world. With the exception of the uses provided expressly herein, the Music may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Kimber.

•     10.2.Accounts

 

YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR ACCOUNT, AND THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND FOREVER SHALL BE OWNED BY AND INURE TO THE BENEFIT OF KIMBER.

 

•     10.3.User Interactions

 

You are solely responsible for your interactions with other users of the Music. Kimber has the right, but not the obligation, to become involved in any disputes between you and other users. You hereby release Kimber (and our officers, directors, agents, subsidiaries, joint ventures, employees and independent contractors) from any claims, demands and damages (actual or consequential) of any kind that are in any way connected with such a dispute.

 

• Privacy

 

Kimber values your privacy and recognizes the importance of protecting any information collected about you. Kimber has created or will create a Privacy Policy to inform you how, why, and to what extent Kimber collects and uses personal and non-personal information obtained through the Music or by other means. 

 

BY CREATING AN ACCOUNT, OR OTHERWISE USING THE MUSIC, YOU AGREE TO THESE TERMS OF SERVICE AND CONSENT TO THE PRIVACY POLICY. 

 

• Login Information and Your Account

 

You may need to create an “Account” that requires a username and password, or other credentials (“Login Information”).  You will not share your Account or Login Information with anyone, nor will you let anyone else use your Account or do anything which may jeopardize the security of your Account.  You are responsible for any activities that happen through your Account, including purchases. Kimber reserves the right to remove any usernames or Accounts at any time and for any reason, including but not limited to claims by a third-party that a username violates the third-party's rights.

 

• No Warranty

 

YOUR USE OF THE MUSIC IS AT YOUR OWN RISK. THE MUSIC IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE. KIMBER MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE MUSIC. KIMBER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. KIMBER DOES NOT WARRANT THAT THE MUSIC WILL MEET YOUR REQUIREMENTS OR THAT IT WILL FUNCTION UNINTERRUPTED, ERROR FREE OR AT ALL, OR THAT ALL DEFECTS IN THE MUSIC WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF, OR LIMITATIONS ON, LIMITED OR IMPLIED WARRANTIES, AND IN SUCH JURISDICTIONS, KIMBER’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. 

 

• Limitation of Liability

 

IN NO EVENT SHALL KIMBER BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE MUSIC, INCLUDING WITHOUT LIMITATION ANY LOSSES OR DAMAGES CONNECTED WITH OR CONSISTING OF LOST PROFITS, DAMAGE TO PROPERTY, LOST OR CORRUPTED DATA OR FILES, LOSS OF GOODWILL, CONSOLE, COMPUTER OR HANDHELD DEVICE FAILURE, ERRORS IN AND LOST BUSINESS OR OTHER INFORMATION AS A RESULT OF POSSESSION, USE OR MALFUNCTION OF THE MUSIC, OR PERSONAL INJURIES, EVEN IF KIMBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IN NO EVENT SHALL KIMBER’S AGGREGATE LIABILITY EXCEED THE ACTUAL PRICE PAID BY YOU, IF ANY, FOR YOUR USE OF THE MUSIC DURING THE PREVIOUS THIRTY (30) DAYS.

 

Some countries do not allow certain limitations of liability. This limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

 

• Inspections

 

Subject to our Privacy Policy, we reserve the right to investigate you if we suspect you have violated these Terms of Service and/or any applicable laws. We may seek to gather information from you or about your use of the Music in furtherance of this purpose. We may suspend your use of the Music if your conduct is under investigation. If we believe, in our sole discretion, that a violation of these Terms of Service and/or any applicable laws has occurred, we may take any corrective action deemed appropriate, including providing personally identifiable information as part of any legal process.

 

BY ACCEPTING THESE TERMS OF SERVICE, YOU WAIVE AND HOLD HARMLESS KIMBER FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY KIMBER IN GOOD FAITH DURING OR AS A RESULT OF ITS INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY KIMBER.

 

• General

 

•     16.1.Assignment

 

Kimber may assign these Terms of Service and/or our Privacy Policy and/or our rights to royalties, in whole or in part, to any person or entity at any time with or without your consent. With the exception of rights granted herein, you may not assign any other rights or obligations under these Terms of Service or our Privacy Policy without Kimber’s prior written consent, and any unauthorized assignment by you is ineffective.

 

•     16.2.No Waiver

 

The waiver by Kimber, or its decision to not enforce any provision, condition or requirement of these Terms of Service, shall not constitute a waiver of any future right of Kimber to enforce or rely upon such provision, condition or requirement.

 

•     16.3.Entire Agreement

 

These Terms of Service, including our Privacy Policy and other policies, constitute the entire agreement and supersede any previous agreement between you and Kimber relating to the access and use of the Music and shall not be modified except by us as set out herein. 

 

•     16.4.Severability

 

If any portion of these Terms of Service is determined to be unenforceable, invalid or illegal for any reason whatsoever it shall not affect the enforceability, validity or legality of the remaining portions of these Terms of Service. Such unenforceable, invalid or illegal paragraph or portion thereof shall be deemed to be severed from the remainder of these Terms of Service. 

 

•     16.5.Equitable Remedies

 

Violation of these Terms of Service may result in irreparable damage to Kimber. Kimber shall be entitled, without bond, other security or proof of damages to equitable remedies (such as injunctive relief) with respect to your breach of any of these Terms of Service. This is no way limits Kimber’s rights to claim additional available remedies.

 

•     16.6.Governing Law

 

These Terms of Service shall be governed by the laws of the province of Alberta, Canada, and the federal laws of Canada as applicable herein. The United Nations Convention for the International Sale of Goods shall not apply.

 

•     16.7.Dispute Resolution

 

Any dispute arising out of these Terms of Service shall be resolved at Kimber’s discretion (i) in an Alberta court; or (ii) by arbitration. The arbitration shall be conducted in Calgary, Canada, in the English language before a single arbitrator. The arbitrator’s award shall be final and binding on the parties. 

 

BY ENTERING INTO THESE TERMS OF SERVICE, YOU EXPRESSLY WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST KIMBER AND ITS PARTNERS.

 

•     16.8.Further Instruments

 

You agree to execute such further instruments and to take such further action as may reasonably be necessary to carry out the intent of these Terms of Service.

 

•     16.9.Force Majeure

 

Kimber shall not be liable for any delay or failure to perform resulting from causes due to unforeseen circumstances or otherwise outside the reasonable control of Kimber, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, flood, accidents, strikes, or shortages or interruptions of transportation facilities, fuel, electricity, labour, or materials.

 

If you have any questions concerning these Terms of Service, you may contact overgrowthrenaissance@gmail.com.