Finally, proof that Santa Claus is real


Kringl™ – The proof of Santa video apps Santa Claus real? We believe so. And now you’ll be able to prove it with Kringl™. It’s the new mobile app that lets you create magic with video and bring Santa to life, right in your living room. Choose from a range of scenes, including Santa enjoying your cookies and milk, Santa searching for your gift, and Santa checking to see if you’re on his list.

Kringl™ is completely free, but you have the option to donate to Make-A-Wish® Canada through the app. So now you can spread a little holiday magic of your own.

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©2013 Zulu Alpha Kilo | Privacy Policy | Terms of Use
KRINGL™ is a trademark of Zulu Alpha Kilo Inc.
Privacy Policy

This privacy policy applies to the use of interactive digital mobile application KRINGL – The Proof of Santa Video App (referred to as the “Application”).

Zulu Alpha Kilo (referred to as “we” or “us”) highly value your privacy and make this policy easily available to assist you in understanding the handling of information in the course of using this Application.

Log Files, Collection and Use of Information

This Application utilizes industry standard analytics packages which gather limited information on users of the Application automatically and stores this anonymous information in server log files. This information is limited to anonymous aggregate information such as browser type, basic IP information, basic location details such as user’s province/state, referring pages, operating system used, frequency and duration of visit or Application use and date/time stamps, and other non-identifying information, as applicable. This information does not identify individual users; it is used only for administration, as well as for analysis of Application usage and trends. Below are the descriptions and uses of information collected:
• Aggregate Information Aggregate information means information about groups or categories of guests, which does not identify and cannot reasonably be used to identify an individual guest.
• Anonymous Information Anonymous information means information that does not directly or indirectly identify, and cannot reasonably be used to identify, an individual guest.
• Application Application means a program or service operated by us (or on our behalf) that may be displayed on various online, mobile or other platforms and environments, including those operated by third parties, which permits us to interact directly with our guests.
• Personal information Personal information means information that identifies (whether directly or indirectly) a particular individual, such as the individual’s name, postal address, email address and telephone number. When anonymous information is directly or indirectly associated with personal information, this anonymous information also is treated as personal information. We do not collect or store Personal information, however, when you provide us with personal information by way of correspondence, we will use this information solely to respond to questions, comments, requests, or other communications from you, or as otherwise required by legal order of a court of competent jurisdiction as applicable.
• Location information When you use our Application, we collect location information either provided by a mobile device interacting with our Application, or associated with your IP address, where we are permitted by law to process this information
• Usage information When you use our Application we collect viewing and technical data, including your device identifier or IP address, when you use our Application
• Response information We collect information you provide to us when you request products, services or information from us, register with us, participate in public forums or other activities on our Application, respond to customer surveys, or otherwise interact with us.
• Third Party information Please keep in mind that when you provide information on a third-party site or platform whether or not provided to us via our Application, the information you provide may be separately collected by the third-party site or platform. The information we collect is covered by this privacy policy and the information third-party sites or platforms collect is subject to the third-party site or platform’s privacy practices. Privacy choices you have made on the third-party site or platform will not apply to our use of the information we have collected directly through our Application.
• Use of Information We may use the information to optimize or improve our products, services and operations • Protective use We may use the information to detect, investigate, and prevent activities that may violate our policies or be illegal. In the event any information collected by us is shared with third parties engaged by us to administer or otherwise assist with the Application, including a developer, they will be subject to the same uses and security of information we undertake in this policy. In the event of a sale or merger between us and another entity, the information collected by us may be transferred to the new entity and unless you are notified otherwise, subject to the same use and security we undertake in this policy.
Registration

Registration is not required in order to use or access this Application.

Security

We follow accepted industry standards to protect any personal information you have provided to us. However, please be aware that no method of electronic storage can ever be 100% secure. Therefore – as is the case with any organization – we are not in a position to guarantee the absolute security of your information.

You may submit any questions or concerns you may have about our security procedures by emailing us at privacy@zulualphakilo.com. Or snail mail to: Zulu Alpha Kilo Privacy Office, 260 King St. E. Toronto, Ontario, M5A 4L5

From time to time, we may change this privacy policy to accommodate new technologies, industry practices, regulatory requirements or for other purposes. It is advisable to check the policy frequently, as continued use will be deemed acceptance of new policies. We will provide notice to you if these changes are material, and, where required by applicable law, we will obtain your consent.

Links to, Storage on and Sharing to Other Websites

• When you share a video file you created using the Application either through your personal e-mail, on Facebook, on Twitter and/or copy the link for later use, your video file is uploaded to a third-party server via YouTube. The video will be saved to the Application’s YouTube Channel (http://www.youtube.com/user/kringlapp) as an unlisted video and certain anonymous location based information will be stored.
• Your video will only be available through a direct link and will not be publically listed on the Application’s YouTube Channel or discoverable through YouTube search, or other search engines such as Google or Bing.
• Please keep in mind that videos shared through our Application will be stored on YouTube and subject to their Privacy Policy and Terms of Use.
• When you share your video on Facebook you will be subject to Facebook’s Privacy Policy and Terms of Use.
• When you share your video on Twitter you will be subject to Twitter’s Privacy Policy and Terms of Use.
• The information we collect is covered by this privacy policy and the information the third-party site or platform collects is subject to the third-party site or platform’s privacy practices. Privacy choices you have made on the third-party site or platform will not apply to our use of the information we have collected directly through our Application.
This Application may contain links to other sites that are not controlled in any way by us. Please be aware of this when you click on any such links, we are not responsible for the terms of use, privacy practices, and/or other policies of any website or services other than our own. Consequently, we strongly suggest that you review the terms of use, privacy policies, and other policies of every website or service you visit, whether or not they are linked to by our Application.
Legal Disclaimer

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order or legal process served on us.

Contact Details

If you have any questions or concerns regarding this privacy policy, or you wish to contact us you can send an email to our Privacy Officer at privacy@zulualphakilo.com. If you have any question or concern about a specific video you have uploaded, please be sure to include the unique anonymous URL connected to that video.

This privacy policy was last updated on November 22, 2013.
Terms of Use

Last Updated: November 22, 2013

Zulu Alpha Kilo (sometimes referred to as “us, we, our”) is pleased to provide to you with the KRINGL App (“KRINGL”). These Terms of Use (the “Terms”) create legally binding obligations on you and govern your use and our provision of KRINGL.

By agreeing to these Terms, you are also agreeing to our Privacy Policy, AND any terms of use and privacy policies of third party services, sites, and platforms you choose to use or access in connection with KRINGL.

PLEASE READ THESE TERMS, THE PRIVACY POLICY CAREFULLY BEFORE USING KRINGL.

ANY DISPUTE BETWEEN YOU AND Zulu Alpha Kilo MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT. IF THERE IS A CONFLICT BETWEEN YOUR RIGHTS UNDER YOUR LOCAL LAW AND THESE TERMS, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.

Contract between You and Us

This is a contract between you and Zulu Alpha Kilo, an Ontario corporation located at 260 King St. E. Toronto M5A 4L5. You must read and agree to these terms before using KRINGL. If you do not agree, you may not use KRINGL. These terms describe the limited basis on which the KRINGL is available and supersedes prior agreements or arrangements.
We may amend these terms. Any such amendment will be effective thirty (30) days following either our dispatch of a notice to you or our posting of the amendment to KRINGL. If you do not agree to any change to these terms, you must discontinue using KRINGL.

We may immediately terminate this contract with respect to you (including your access to KRINGL) if you fail to comply with any provision of these terms.

KRINGL App

KRINGL is for your personal, noncommercial use and is intended for entertainment purposes only. They do not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes.

KRINGL is our intellectual property or the intellectual property of our licensors or licensees and all trademarks, service marks, trade names, trade dress and other intellectual property rights in the KRINGL App are owned by us or our licensors or licensees. Except as we specifically agree in writing, no element of the app may be used or exploited in any way other than as part of the service offered to you. You may own the physical media on which elements of the KRINGL are delivered to you, but we retain full and complete ownership of KRINGL and do not transfer title to any portion of KRINGL to you.

Content and Software License
KRINGL is configured to enable the use of software, content, or other materials owned or licensed by us. We grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use such software, content, or other material for your personal, noncommercial use only. We reserve the right to modify, adapt, or otherwise change, reduce, or cease the operation and access of KRINGL at our sole and unhindered discretion.

You may not circumvent or disable any content protection system or digital rights management technology used with KRINGL; decompile, reverse engineer, disassemble or otherwise reduce to a non human-readable form; remove identification, copyright or other proprietary notices; or access or use KRINGL in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands. You shall not modify, block the functioning, alter, or otherwise interfere with the operation of, or mine data from KRINGL. You shall not attempt to gain access to information of other users, content created by other users or any information of other users without their express permission and informed consent on each occasion. By using KRINGL, you represent and warrant that your access to and use of the services, content or software will comply with those requirements.

You agree to take reasonable steps to notify us immediately of any breach of these Terms or of any infringement of copyright, trademark, or other intellectual property you become aware of, whether the breach or infringement is by you or a third party.

Disclaimers and Limitation on Liability
Notwithstanding anything else in these Terms, KRINGL IS PROVIDED “AS IS” AND YOUR USE OF KRINGL AND THE CONTENT YOU CREATE WITH IT IS AT YOUR SOLE RISK. WE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ANY AND ALL CONDITIONS, COVENANTS, REPRESENTATIONS, AND WARRANTIES, EXPRESS OR IMPLIED, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING WITHOUT LIMITATION, ANY FITNESS FOR USE OR PARTICULAR PURPOSE, COMPLETENESS OF SERVICE, ERRORS, MISTAKES, OR ACCURACY OF RECORDING OR OTHER ASPECTS OF KRINGL, QUALITY, STORAGE, OR TRANSMISSION TO YOU OR ANY THIRD PARTY, OR THE TERMINATION, CESSATION OR INTERRUPTION OF SERVICE.

Notwithstanding anything else in these Terms, WE SHALL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, RESULTING, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE LESSER OF TEN (10) CANADIAN DOLLARS OR THE PRICE PAID IF ANY BY YOU FOR KRINGL. WE SHALL IN NO WAY BE RESPONSIBLE FOR ANY ERRORS, MISTAKES, OR INACCURACIES, ANY PERSONAL INJURY OR DAMAGE TO PROPERTY RESULTING FROM OR IN CONNECTION TO YOUR ACCESS AND USE OF KRINGL OR THE CONTENT CREATED WITH KRINGL, ANY INTERRUPTION OR CESSATION OF SERVICES, ANY THIRD PARTY SOFTWARE, BUG, VIRUS, OR LIKE MALICIOUS ROUTINE. WE DO NOT ENDORSE, GUARANTEE, OR ASSUME ANY RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT, SERVICE, OR BRAND WHICH MAY BE ASSOCIATED WITH KRINGL, NOR WILL WE BE IN ANY WAY RESPONSIBLE FOR ANY TRANSACTIONS BETWEEN YOU AND ANY THIRD PARTIES RELATED TO KRINGL OR NOT.

Notwithstanding anything else in these Terms, THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.

Changes to KRINGL
KRINGL may evolve and change over time. If we make a material change to KRINGL, we will provide you with reasonable notice and you will be entitled to terminate this contract. Your continued use of KRINGL will constitute your agreement to any new Terms and/or services.
Assignment
You may not assign the benefit of these Terms to any third party without our prior express written consent in each instance, however we shall be at liberty to assign the benefit of these Terms to any third party, related or unrelated to us as we may see in our sole and unhindered discretion fit.

Relationship
Nothing Contained in this agreement shall or is intended to create a partnership, joint venture, or agency relationship of any kind, and neither party may have any authority or power to bind the other or act on their behalf.

Headings
The headings in these Terms are solely for ease of reference and under no circumstance are they intended to influence or be construed in determining the meaning or intention of the parties to these Terms.

Additional Restrictions on Use of KRINGL
You are not allowed to use or permit the use of KRINGL or the content created by KRINGL for any commercial or business-related purpose, or in relation to any promotional, marketing, or advertisement of any person, brand, product, or service, offer to sell products or services (whether or not for profit), or that solicit others (including solicitations for contributions or donations). Nothing herein restricts us from using KRINGL for such purposes. You agree not to use KRINGL for any malicious, libelous, defamatory, or other harmful purpose, or any purposes which could reasonably be seen to infringe on our rights, the rights of a third party, or be considered contrary to any domestic or international law. You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage any KRINGL or connected network, or interfere with any person or entity’s use or enjoyment of KRINGL. Additionally, you agree not to access, monitor or copy any element of KRINGL using a robot, spider, scraper or other automated means or manual process without our express written permission.

Third-Party Services and Content
KRINGL may integrate, be integrated into, or be provided in connection with third-party services and content, including without limitation social media sharing sites such as YouTube, Facebook, and Twitter. We do not control those third-party services and content, nor are we responsible in any way for, or do we in endorse the use of such third party services. You should read the terms of use agreements and privacy policies that apply to such third-party services and content.

If you access KRINGL using an Apple iOS or Android device, Apple Inc. or Google, Inc., respectively, shall be a third-party beneficiary to this contract. However, these third-party beneficiaries are not a party to this contract and are not responsible for the provision or support of KRINGL. You agree that your access to KRINGL using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.

Should you choose to share any User Generated Content created using KRINGL, whether or not through a link in the app, we are not responsible for such use. Any sharing through social networks, email, or any other third party websites, applications or services, shall be governed by the Terms of Use and Privacy Policies of that third party, which are not contained in this Agreement – you are strongly encouraged to read and review all the Terms of Use and Privacy Policies of any third party service you use, whether or not a link to such third party service is provided in the KRINGL app.

Storage on and Sharing to Other Websites
If you share a video file you created using the application either through your personal e-mail, on Facebook, on Twitter and/or copy the link for later use, your video file is uploaded to a third-party server via YouTube. The video will be saved to the application’s YouTube Channel (for example: http://www.youtube.com/user/kringlapp) as an unlisted video and certain anonymous location based information will be stored. Your video will only be available through a direct link and will not be publically listed on the applications YouTube Channel or discoverable through YouTube search, or other search engines such as Google or Bing. Please keep in mind that videos shared through our application will be stored on YouTube and subject to their Privacy Policy and Terms of Use. When you share your video on Facebook you will be subject to Facebook’s Privacy Policy and Terms of Use. When you share your video on Twitter you will be subject to Twitter’s Privacy Policy and Terms of Use. If you share your video through email or any third party service, you will be subject to that third party’s Terms of Use and Privacy Policy.

Mobile Networks
When you access KRINGL through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using KRINGL may be prohibited or restricted by your network provider. We maintain no responsibility for any costs incurred from network or service providers associated with the use, download, transmission, or sharing of KRINGL or content created with KRINGL.

Your Content

User Generated Content
CONTENT CREATED ON YOUR DEVICE USING KRINGL (“User Generated Content”) SHALL BE YOUR FULL AND SOLE RESPONSIBILITY WHETHER OR NOT SUCH USER GENERATED CONTENT IS CREATED BY YOU OR WITH YOUR PERMISSION. YOU ACCEPT ANY AND ALL LIABILITY RELATED TO ALL USES MADE OF USER GENERATED CONTENT, WHETHER EXPRESSLY OUTLINED IN THESE TERMS OR NOT. Access to these features may be subject to age restrictions. You may not submit or upload User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.

We do not claim ownership to your User Generated Content; however, you grant us a nonexclusive, sublicensable, and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, broadcast, stream, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Generated Content in whole or in part, in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity. Zulu Alpha Kilo reserves the right to use any videos created using KRINGL for promotional purposes.

YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND OF SOUND MIND commencing the time of downloading KRINGL and continuing in perpetuity until the use of KRINGL and the User Generated Content ceases, and that THE USER GENERATED CONTENT CREATED USING YOUR DEVICE (WHETHER BY YOU, OR BY SOMEONE ELSE) CONFORMS TO THESE TERMS AND THAT YOU OWN OR HAVE THE NECESSARY RIGHTS AND PERMISSIONS (INCLUDING WITHOUT LIMITATION THE PERMISSION OF ANY PARENT, GUARDIAN, TRUSTEE, LEGAL OR PERSONAL REPRESENTATIVE, OR ATTORNEY), WITHOUT THE NEED FOR PAYMENT TO ANY OTHER PERSON OR ENTITY, TO USE AND EXPLOIT, AND TO AUTHORIZE US TO USE AND EXPLOIT, YOUR USER GENERATED CONTENT IN ALL MANNERS CONTEMPLATED BY THESE TERMS. You agree to indemnify and hold us and our subsidiary and affiliated companies, and each of their respective employees, directors, and officers, harmless from any demands, loss, liability, claims or expenses (including reasonable attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of the User Generated Content. You also agree not to, and ensure that any third party who may have any rights in the User Generated Content shall not, enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights. To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of our copyrighted works, we grant you a revocable, non-exclusive license to create a derivative work using our copyrighted works as required for the purpose of creating the materials, provided that such license shall be conditioned upon your assignment to us of all rights in the work you create. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.

We have the right but not the obligation to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent or created through KRINGL, at any time and for any reason, including without limitation to ensure that the User Generated Content or communication conforms to these Terms, without prior notice to you. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice, comments, or recommendations posted or sent by users. KRINGL does not record any log-in information. We record only aggregate data and will not keep record of any personal information, as outlined in the Privacy Policy.

We maintain the right to terminate, remove, and/or have removed from third party servers, any User Generated Content at our sole and unhindered discretion. Nothing contained herein creates any responsibility or liability on us for or in relation to any User Generated Content wherever stored, or however used.

Claims of Copyright Infringement and Inquiries
Notifications of claimed copyright infringement, counter notices, and any inquiries or concerns with User Generated Content shall be sent to our Privacy Officer:
Email: privacy@zulualphakilo.com Zulu Alpha Kilo
260 King St. E.
Toronto, Ontario, M5A 4L5
Phone: +1 416-777-9858
Fax: +1 416-777-9859

We are only able to accept notices in the languages into which these terms are made available by us.

We will respond expeditiously to claims of copyright infringement that are reported to our Privacy Officer, identified above. Any request or notification made must comply with the laws of the Province of Ontario, as well as the domestic laws of the jurisdiction of the claimant and the jurisdiction of the alleged offence (which may include, without limitation, the U.S. Digital Millennium Copyright Act of 1998 as applicable)

Choice of Forum
You agree that any action at law or in equity arising out of or relating to these terms or KRINGL shall irrevocably and exclusively be filed, and that venue properly lies, only in the provincial or federal courts located in the Province of Ontario, and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.

Choice of Law
These terms are irrevocably governed by and construed exclusively in accordance with the laws of the Province of Ontario and the laws of Canada, including quantification and award of damages, without giving effect to any conflict of law principles.

Binding Arbitration and Class Action Waiver
You agree to arbitrate all disputes between you and us or our affiliates, except disputes relating to the enforcement of our or our affiliates’ intellectual property rights. “Disputes” includes any dispute, action or other controversy between you and us concerning KRINGL, the User Generated Content, or these terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis.

In the event of a dispute, you must send to the other party a notice of dispute in writing providing the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute to privacy@zulualphakilo.com. Attention: Legal/Arbitration Notice. You and we will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or we may commence arbitration.

If we are unable to resolve a dispute by informal negotiation, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. In the event of a dispute arising out of the operation or interpretation of these Terms and we are unable to resolve the dispute by informal negotiation, you shall provide notice of intention to arbitrate within ten (10) days following the expiry of the informal negotiation period. At the expiry of the ten (10) day notice period, the matter shall be referred to an arbitrator in accordance with the provisions of the Arbitration Act, 1991 (Ontario) or any successor legislation. The costs of the arbitration shall be borne equally by the parties herein unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, and at the arbitrator’s discretion, the costs of the arbitration may be awarded in favour of one party.

PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. You will not seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity, nor will you participate in such a suit in relation to these Terms, the Privacy Policy, KRINGL, or us. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.

Severability
If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

Survival
The provisions of these terms which by their nature should survive the termination of these terms shall survive such termination.

Waiver

No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.