PRICING TERMS

1. BY USING ALL OR ANY PORTION OF SCREENKEY’S PRODUCTS OR SERVICES, YOU ARE ACCEPTING ALL OF THE TERMS AND CONDITIONS OF THESE SCREENKEY PRICING TERMS, THE SCREENKEY TERMS OF SERVICE AND PRIVACY POLICY. YOU AGREE THAT THE SCREENKEY TERMS OF SERVICE AND THE SCREENKEY PRICING TERMS ARE ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. ALL DEFINED TERMS NOT DEFINED HEREIN SHALL HAVE THE MEANINGS PROVIDED IN THE SCREENKEY TERMS OF SERVICE.

2. IF YOU DO NOT AGREE TO ALL OF THE SCREENKEY TERMS OF SERVICE, THE SCREENKEY TERMS AND/OR THE PRIVACY POLICY: (I) PLEASE DO NOT USE ALL OR ANY PORTION OF THE SERVICE OFFERINGS; YOU WILL NOT BE GIVEN ACCESS TO ANY OF SCREENKEY’S SERVICE OFFERING UNTIL YOU ACCEPT THESE TERMS OF SERVICE AND THE PRIVACY POLICY; AND (II) PLEASE DO NOT SHARE YOUR PERSONAL DATA WITH US. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY TERMINATE YOUR ACCESS TO THE SERVICE OFFERINGS BY WRITING TO US PURSUANT TO SECTION 15.6 OF THE SCREENKEY TERMS OF SERVICE. 

3. These ScreenKey Pricing Terms (collectively, the “Pricing Terms”) contain the fees applicable to your access to and use of the Service Offerings and takes effect when you start to use any of the Service Offerings (the “Effective Date”). You represent to us that you are legally competent to enter into contracts (e.g., you are not a minor). If you are entering into these Pricing Terms on behalf of another entity, such as the company you work for, you represent to us that you have legal authority to bind that entity into the contract.

4. PRICING. 

4.1 Standard Pricing. ScreenKey’s base pricing is Thirty Dollars ($30) per individual project (i.e., feature film, episode of a series, etc.) (“Project”), per month, subject to the limitations and restrictions below.

4.2 Limitations. You and your affiliates, members, shareholders, employees, directors, contractors, licensees, assigns and/or vendors are collectively limited to thirty (30) uploads per Project, including new versions of the same Project, for the lifetime of such Project. Additional uploads will constitute a separate Project for the purposes herein. You and your affiliates, members, shareholders, employees, directors, contractors, licensees, assigns and/or vendors are collectively limited to Two Hundred (200) active screener links (i.e., links that link to a Project upload) per Project at a time. You and your affiliates, members, shareholders, employees, directors, contractors, licensees, assigns and/or vendors are collectively limited to ten (10) active Projects at a time (i.e., you shall not be permitted to use the Service Offerings with respect to more than ten (10) projects at a time). If you require additional active Projects, please consult ScreenKey about our ScreenKey Enterprise offerings.

4.3 Add-Ons. Upon written confirmation by you and ScreenKey, you shall be entitled to add any of the below services, which, for clarity, are in addition to the Service Offerings, for the amounts listed below:

● DRM Encryption: Twenty-Five Dollars ($25) per Project per month

● Additional One Hundred (100) screener links (i.e., links that link to a Project upload): One Hundred Dollars ($100) per Project per month

● Forensic Watermarks: One Dollar ($1) per screener link

You may add-on any of the foregoing at any time upon mutual written confirmation and shall be reflected in the applicable following billing cycle. You may cancel any monthly add-on at any point and such cancellation will go into effect the following month and be reflected in applicable billing cycle.

4.4 Billing. All billing will be managed through Recurly automated billing. You agree, to the extent required, to register or sign up with Recurly so as to allow or automated recurring billing for your access to the Service Offerings.

5.  CHANGES TO TERMS. ScreenKey reserves the right to modify the Pricing Terms at any time, which such changes going into effect upon the next billing cycle. ScreenKey will use commercially reasonable efforts to generally notify you of any material changes to these Pricing Terms, such as through a notice on the ScreenKey Platform, however, you should look at the Pricing Terms regularly to check for such changes. We will also update the “Last Updated” date at the top of these Pricing Terms, which reflect the effective date of such Pricing Terms. Your continued access or use of the Service Offerings following the end of the billing cycle after the date of the new Pricing Terms constitutes your acceptance of the new Pricing Terms. If you do not agree to the new Pricing Terms, you must stop accessing or using the Service Offerings prior to the start of the billing cycle after the date of the new Pricing Terms.

6. MISCELLANEOUS PROVISIONS.

6.1 Competent to Contract. You affirm that you are either 18 years of age or older and are fully able and competent and authorized to enter into the terms, conditions, obligations, affirmations and representations set forth in these Terms. If you are under 18 years of age, you are hereby expressly directed by ScreenKey to not use the Service Offerings. 

6.2 Applicable Laws. If we have a dispute with you relating to or arising out of these Terms, we will first try and resolve it with you amicably. You agree to do the same for us. The party raising a dispute will initiate this process by notifying the other. Whichever party receives the notice will have 60 days to respond. If the dispute has not been resolved after the response time has expired, or within 30 days after a response has been issued, whichever is earlier, either party may file legal action against the other. Engaging in this informal dispute resolution process is a requirement that must be completed before filing any legal action. You and ScreenKey agree that you both will make a good faith effort to resolve the dispute amicably before either you or ScreenKey files any legal action against the other, and that the statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process. These Terms and any claims, causes of action, of any kind or character, or demand arising out of or relating to the Terms will be governed by the laws of the State of California. Any claim, cause of action or dispute, arising out of or relating to these Terms shall also be resolved exclusively in the U.S. District Court for the Central District of California or the Superior Court of the State of California, County of Los Angeles. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim. YOU AND SCREENKEY AGREE THAT YOU MUST INITIATE ANY PROCEEDING OR ACTION WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE THAT IS ARISING OUT OF OR RELATED TO THESE TERMS.  OTHERWISE, YOU FOREVER WAIVE THE RIGHT TO PURSUE ANY CLAIM OR CAUSE OF ACTION, OF ANY KIND OR CHARACTER, BASED ON SUCH EVENTS OR FACTS, AND SUCH CLAIM(S) OR CAUSE(S) OF ACTION ARE PERMANENTLY BARRED.

6.3 Contact. You can reach us at bmilostan@greenbergglusker.com; or write us at KINO Tech, Inc.: 3333 La Cienega Blvd, Suite 5030, Culver City, CA 90016, USA