Terms of service
Welcome to Konectible. These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Vmart Technology Inc., doing business as Konectible (“ Konectible.com “, “ we ”, “ us ”, or “ our ”), concerning your access to and use of Konectible website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE Terms of Service, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
- Konectible Platform
By creating an account on our Site, you agree to provide true, accurate, current, and complete information. You agree not to create a Site account using a false identity or providing false information or if you have previously been removed or banned from our Site. You are responsible for maintaining the confidentiality of your Site account information, including your username and password. You are responsible for all activities that occur on or in connection with your Site account and you agree to notify us immediately of any unauthorized access or use of your Site account. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to any unauthorized access to or use of your Site account.
- Konectible Videos
- Through our Site, you may obtain personalized videos (“Konectible Videos”) from celebrities, including athletes, actors, performers, artists, influencers, and others (each, a “CREATOR”). You may submit a request to a CREATOR for a Konectible Video that is personalized for you or a third party that you identify as a recipient (“Recipient”).
- You acknowledge and agree that the CREATOR has sole discretion to determine how to fulfill your request and the content of the Konectible Video created, and may not follow your request exactly. We reserve the right to reject any request in our sole discretion. The CREATOR has up to seven days (at our sole discretion) to fulfill or decline your request. Once your request is fulfilled, your payment method will be charged the amount specified on the CREATOR’s booking page on our Site at the time you submitted the request.
- Konectible Videos are licensed, not sold. You are buying the right (or license) to use it, not the actual Konectible Video itself.
- Subject to your payment in full, the CREATOR hereby grants to you the following limited rights to use the Konectible Video (other than a Business Konectible Video) solely for your own personal, non-commercial, and non-promotional purposes, subject to these Terms: a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, revocable license to use, reproduce, distribute, and publicly display that Konectible Video, in any and all media (for example, on social media platforms), whether now known or hereafter invented or devised.
- You may not sell, resell, commercialize, or encumber your rights in any Konectible Offering, including creating a non-fungible token (“NFT”) from any Konectible Offering except as agreed by Konectible in writing. You may sublicense your rights in a Konectible Video only to the extent necessary for you to use the Konectible Video as permitted under these Terms (for example, sharing it (if it is not a Business Konectible Video) with friends on a social media platform or sending it to a Recipient for personal, non-commercial, and non-promotional purposes as set forth above).
- You may use a Konectible Video only in accordance with these Terms. We may terminate all or part of the foregoing licenses at any time for any reason. We reserve the right to remove a Konectible Video from our Site at any time for any reason without any notice to you.
You acknowledge and agree that:
- Konectible will not be liable or responsible for any Konectible Video or other offering requested by you or any Submission (defined below) you make;
- you have no expectation of privacy with respect to any Konectible Video requested by you or any Submission (defined below) you make, and that you will not make any request or Submission that infringes on the privacy or other rights of a third party;
- the Konectible watermark on each Konectible Video must remain intact and you agree not to edit, change, modify, cover, or remove the watermark from any Konectible Video or assist or encourage any third party to do so; you further agree not to edit, change, modify, or create any derivative work of a Konectible Video or assist or encourage any third party to do so;
- if you breach any provisions of these Terms, we terminate your access to our Site, or we remove or ban you (or any Site account you created or control), your license to use any Konectible Video, or other offering under these Terms terminates and you must: promptly remove all copies of any Konectible Video, or other offering in your possession or control, including from any social media platform; notify any Recipient of the termination and instruct them to do the same, and take any other action we reasonably request, including identifying each Recipient; and
- without limiting any of our rights, any request you submit through our Site may be rejected by us or by a CREATOR; if that happens more than once, we may terminate your access to our Site, remove or ban you (and any Site account you created or control), or take other appropriate action in Konectible’s sole discretion, including terminating your license to use any Konectible Video or other offering under these Terms and requiring you to take the actions outlined in Section 4.d.
- Age: You must be at least 16 years old to use our Site.
- Eligibility Representations and Warranties: You represent and warrant that:
- you have not been prohibited from using or accessing any aspect of our Site by us or pursuant to any applicable law or regulation;
- you will comply with all applicable terms of any third party payment provider we select, and you are not on a prohibited list of that payment provider;
- you (and any Site account that you created or control) have not been previously banned or removed from our Site for any reason; and
- you are not a convicted sex offender.
- Export Control: You may not use, export, import, or transfer any part of our Site except as authorized by U.S. law, the laws of the jurisdiction in which you use or access our Site, or any other applicable laws. In particular, but without limitation, no part of our Site may be exported or re-exported: (i) into any country embargoed by the U.S.; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using our Site, you represent and warrant that: (x) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (y) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use our Site for any purpose prohibited by law. You acknowledge and agree that products, services, and technology provided by Konectible are subject to the export control laws and regulations of the U.S. You will comply with those laws and regulations and will not, without prior U.S. government authorization, export, re-export, or transfer Konectible products, services, or technology, either directly or indirectly, to any country in violation of those laws and regulations.
- Fees and Payment
- Fees: The fee for a Konectible Video or other offering is specified on the CREATOR’s booking page on our Site when you make your request. You agree to pay all amounts due in accordance with the payment terms in effect when you submit your request or purchase merchandise, including any applicable service, transaction, or processing fees.
- Currency: All transactions are in U.S. dollars (“USD”) unless otherwise specified at point of purchase.
- App for iOS: If a CREATOR rejects your request for a Konectible Video or the Konectible Video is not provided, your Konectible account will be issued a credit (in USD only) for the value of your purchase. The credit will be maintained in your account and may be redeemed only for purchases on the App for iOS. If, when you make a purchase while logged into your Konectible account on the App for iOS, your account has a credit balance, the balance will be redeemed for that purchase (until fully redeemed) and you will be charged for any remaining portion of the price. Credit balances are not refundable, cannot be transferred, cannot be used outside of the App for iOS, and expire or extinguish immediately when redeemed. By making a purchase on the App for iOS, you represent that you are a resident of a country or territory in which payment in the local currency is supported by the App (as listed here). If you are a resident of a country or territory in which payment in the local currency is not supported by the App for iOS (or located in a country or territory in which payment in the local currency is not supported by the App for iOS), your purchase will not be permitted; however, if such purchase is permitted, Konectible reserves the right to cancel your request and no refund will be issued. The countries and territories and respective local currencies supported by the App for iOS are determined by Apple and not by Konectible and are subject to change at any time.
- Website and App for Android: By providing your payment information, you agree that Konectible may place a pre-authorization hold and, after your request has been fulfilled, authorize the payment provider to immediately charge you for all amounts due and payable with no additional notice to or consent from you.
- In addition, if the offering permits (e.g., Konectible Videos on Konectible.com), you may choose to designate an additional amount as a “tip” to the CREATOR who fulfilled your request. You acknowledge that Konectible does not mandate any such tip or gratuity; however, if you do choose to do so, the amount must be at least US $5.00. You agree to pay any amount you authorize as a tip for the CREATOR; a tip is not refundable.
- Konectible reserves the right (but is under no obligation) to cancel your Konectible Video request if: (i) your payment method is declined; or (ii) you have previously been banned or removed from our Site for any reason. Konectible also reserves the right at any time to change its fees and payment procedures, including its payment options and terms, either immediately upon posting on our Site or by other notice to you.
- Payment Questions: If you have a question about a purchase made on the App or a charge to your payment card, please contact us at support@Konectible.com . We have the sole discretion to determine how billing disputes between us will be resolved.
- You acknowledge and agree that each Konectible Video or other offering from a CREATOR is owned by the CREATOR who created it.
- You hereby grant to us a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented or devised (including social media platforms), to use, reproduce, license, distribute, modify, adapt, reformat, publicly perform, publicly display, create derivative works of, and otherwise use the following for the purposes of operating and providing our Site, developing and improving our products and services, and advertising, marketing, and promoting our Site and our products and services: (i) any request (video, text, or otherwise) that you make or send to any CREATOR, including information concerning any Recipient; and (ii) any submission that you make to Konectible, whether through our Site, a social media platform, third party website, or otherwise, including a reaction video, idea, intellectual property, publicity rights, Feedback (defined below), review, photo, video, email, text, post, or other communication, whether relating to you, or a third party (i) and (ii) each, individually, and collectively, a “Submission”). You represent and warrant that you either: (x) own all rights to any Submission; or (y) have all rights necessary, including with respect to any third party that contributed to, is included in, or is referred to, in any Submission, to grant to us the foregoing rights. You will not make any Submission that is confidential or proprietary or that contains or includes any information that you do not have the right to disclose or that you or any Recipient do not wish to be disclosed. Konectible will not be responsible or liable for any use or disclosure of a Submission, including any personal information belonging to you, a Recipient, or a third party.
- We may, for any reason, refuse to accept or transmit a Submission or refuse to remove a Submission from our Site. Further, we reserve the right to decide whether a Submission violates these Terms and may, at any time, without notice to you and in our sole discretion, remove your Submission, terminate your access to our Site, remove or ban you (and any Site account you created or control), or take other appropriate action in our sole discretion for violation of these Terms.
- Konectible desires to avoid the possibility of future misunderstandings if a project developed by any Konectible Party (as defined below) may seem similar to your Submission. If your Submission consists of any idea, suggestion, proposal, plan, or other material related to our business (individually, and collectively, “Feedback”), you acknowledge and agree that you are submitting that Feedback at your own risk and that Konectible has no obligation (including no obligation of confidentiality or privacy) with respect to that Feedback, and you grant to Konectible a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented or devised, to reproduce, license, distribute, modify, adapt, publicly perform, publicly display, create derivative works of (for example, translations, adaptations, or other changes), and otherwise use and exploit in any manner (including commercially), any and all Feedback.
- You hereby waive any and all moral rights or “droit moral” that you may have in any Submission, including Feedback, and you represent and warrant that no third party has any moral, “droit moral,” or other rights in Submission, including Feedback.
- Copyright and Intellectual Property Policy
- Digital Millennium Copyright Act Notice: We respond to notices of alleged copyright infringement and terminate access to our Site for repeat infringers. If you believe that materials on our site infringe copyright, please send the following information to the Copyright Agent named below:
- your address, telephone number, and email address;
- a description of the work that you claim is being infringed;
- a description of the material that you claim is infringing and are requesting be removed along with information about where it is located;
- a statement that you have “a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”;
- an electronic or physical signature of the copyright owner (or a person authorized to act for the copyright owner); and
- a statement by you, made under penalty of perjury, that the information you are providing is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at support@ Konectible.com
Copyright © 2021- Vmart technology, Inc. All rights reserved.