These Terms of Service are effective as of July 13, 2009.

Kyte service is an Internet-based interactive multimedia communications platform that allows users to create and transmit their media over the Internet, to/from mobile phones and any devices that have Internet connectivity with a display screen. Kyte's service is for your personal, non-commercial use only and may not be used for any commercial purpose, without obtaining a commercial usage license from Kyte. If you wish to use the service for commercial purposes, please contact Kyte at business@kyte.tv for additional information.

The www.kyte.tv website (together, with the related pages accessible from www.kyte.tv, the "Website") and the related services (including, without limitation, the Kyte Flash tools, the Kyte Embeddable Flash Players, the Kyte Mobile Clients and WAP service, and other features, content or applications) (collectively, with the Website, the "Service") are operated by decentraltv Corporation, a Delaware corporation d/b/a Kyte, and its corporate partners (collectively, "Kyte," "us," "we," or the "Company").

Your Acceptance

By visiting and/or using the Website and/or any of the other Kyte Services, you signify that you have read, understand and agree to be bound by these Terms of Service ("Terms of Service" or "Agreement"). We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time, and you agree to be bound by such modifications or revisions. If we do this, we will post changes to these Terms of Service on this page and indicate at the top of this page the Terms of Service's effective date. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version http://www.kyte.tv/home/termsOfUse.html). Your continued use of the Website and/or any other Service after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, please do not use or access the Website or any other Service.

Kyte Service

These Terms of Service apply to all users of the Kyte Service, including users who are also contributors of user submitted content, information, and other materials or services on any of the Kyte Services, including the Website.

The Kyte Service may contain links to third party websites that are not owned or controlled by Kyte. Kyte has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Kyte will not and cannot censor or edit the content or any third party site. You expressly relieve Kyte from any and all liability arising from your use of any third party website. Accordingly, we encourage you to be aware when you leave the Kyte Service and to read the terms and conditions and privacy policy of each other website or service that you visit.

Service Access

A. Kyte herby grants you permission to use the Service as set forth in this Terms of Service, provided that: (i) your use of the Service as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Service in any medium without Kyte's prior written authorization; (iii) you will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.

B. In order to access some features of the Service, you may be required to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You agree not to use the Service to impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Kyte immediately of any breach of security or unauthorized use of your account. Although Kyte will not be liable for your losses caused by any unauthorized use of your account, you may be liable to others as well as us if your account is used in violation of these Terms of Service.

C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Service. Notwithstanding the foregoing, Kyte grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Kyte reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation purposes. You agree not to upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any form of solicitation. You agree not to solicit, for commercial purposes, any users of the Service with respect to their User Submissions.

Intellectual Property Rights

The content on the Kyte Service, including without limitation, the Website, text, software, scripts, graphics, pictures, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Kyte, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content is provided to you via the Service AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Kyte and its licensors reserve all rights not expressly granted in and to the Service and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution of Content, including User Submissions of third-parties, other than as permitted hereunder via the Kyte Service. You agree not to circumvent, disable or otherwise interfere with security related features of the Kyte Service that prevent or restrict use of copying of any Content or enforce limitations on use of the Kyte Service or the Content therein.

User Submissions

A. The Kyte Service supports the submission by you and other users of content, which may include text, graphics, pictures, photos, sounds, music, videos or other communications (collectively, "User Submissions"), and also supports the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Kyte does not guarantee any confidentiality with respect to any submissions.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Kyte to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Service and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name and likeness of each and every such identifiable individual person included in a User Submission in order to enable inclusion and use of the User Submissions in the manner contemplated by the Service and these Terms of Service. For clarity, you retain your ownership rights in your User Submissions. However, by submitting the User Submissions to Kyte, you hereby grant Kyte a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Kyte Service and Kyte's (and its successor's) business. You also hereby grant each user of the Kyte Website a non-exclusive license to access your User Submissions solely via the Kyte Service, and to use, distribute, display and perform such User Submissions as permitted through the functionality of the Service and pursuant to these Terms of Service.

C. In connection with User Submissions, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Kyte all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Kyte or any third-party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person. Kyte does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and Kyte expressly disclaims any and all liability in connection with User Submissions. Kyte does not permit copyright infringing activities and infringement of intellectual property rights on its Service, and Kyte will remove all Content and User Submissions if properly notified that such Content or User Submission infringes another's intellectual property rights. Kyte reserves the right to remove Content and User Submissions without prior notice. Kyte also reserves the right to terminate a User's access to its Service in its sole discretion. Kyte also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, technical compatibility with the Service or excessive length or resource demands on the Service. Kyte may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submitted Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by following our Copyright Infringement Notification Process.

E. You understand that when using the Kyte Service, you will be exposed to User Submissions from a variety of sources, and that Kyte is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Kyte with respect thereto, and agree to indemnify and hold Kyte, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Service.

F. Kyte permits you to link to the Website only for your personal, non-commercial use. If permitted by the publisher of a channel of content, the Kyte Service includes an Embeddable Flash Player feature, which you may incorporate into your own personal, non-commercial website for use in accessing the materials on the Kyte Service. Kyte reserves the right to discontinue any aspect of the Kyte Service at any time.

Member Conduct

You understand that the Service is available for your personal, non-commercial use only. You agree not to knowingly create channel names (which shall, without limitation, constitute User Submissions) that infringe on a trademark, copyright or other proprietary rights. You also agree not to create and horde channel names, not to interfere with the use of the chat feature of the Service by other users and not to otherwise use the Service in such a way as to prevent or interfere with the usage of others. You acknowledge and agree that in the event you permit User Submissions by other users to your channel, you shall be solely responsible for ensuring that such User Submissions comply with the terms of this Agreement. Kyte reserves the right to discontinue access to the Service to any user whose usage is deemed, in Kyte's sole discretion, to interfere with or discourage the reasonable usage of the Service by others.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE KYTE SERVICE, INCLUDING THE WEBSITE, SHALL BE AT YOUR SOLE RISK. THE KYTE SERVICE AND ALL CONTENT, DATA, MATERIALS, ADVERTISING AND DOCUMENTATION PROVIDED IN CONNECTION WITH THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, KYTE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. KYTE DOES NOT WARRANT THAT THE SERVICE WILL BE PROVIDED ERROR-FREE, UNINTERRUPTED, COMPLETELY SECURE OR VIRUS FREE. KYTE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED THROUGH THE KYTE SERVICE OR ANY HYPERLINK OR FEATURED IN ANY ADVERTISING ON THE SERVICE, AND KYTE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

IN NO EVENT SHALL KYTE, ITS CUSTOMERS, LICENSORS, CONTRACTORS, CORPORATE PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE KYTE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTIONS OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (V), ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE KYTE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT KYTE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Kyte Service is controlled and offered by Kyte from its facilities in the State of California, United States of America. Those who access or use the Kyte Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity

You agree to defend, indemnify and hold harmless Kyte, its customers, licensors, contractors, corporate partners, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Kyte Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Kyte Service.

Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Kyte Service is not intended for children under the age of 13. If you are under 13 years of age, then please do not use the Kyte Service. Talk to your parents about what sites are appropriate for you.

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Kyte without restriction.

General

You agree that: (i) the Kyte Service shall be deemed solely based in California; and (ii) the Kyte Service shall be deemed a passive Internet service that does not give rise to personal jurisdiction over Kyte, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Kyte that arises in whole or in part from the Kyte Service shall be decided exclusively by a court of competent jurisdiction located in San Francisco County, California. These Terms of Service, together with the Privacy Notice at http://www.kyte.tv/home/privacyPolicy.html and any other legal notices published by Kyte on the Kyte Website, shall constitute the entire agreement between you and Kyte concerning the Kyte Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Kyte's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. YOU AND KYTE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE KYTE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.