You need an account for most activities on our platform, including to purchase and access content or to submit content for publication. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of the death of a user, the account of that user will be closed.
You may not share your account login credentials with anyone else. You are responsible for what happens with your account and kloks will not intervene in disputes between users who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security). We may request some information from you to confirm that you are indeed the owner of your account.
Users must be at least 18 years of age to create an account on kloks and use the Services. If you are below this age of consent to use online services, you may not create a kloks account. If we discover that you have created an account that violates these rules, we will terminate your account.
You may not access or use the Services or create an account for unlawful purposes. Your use of the Services and behavior on our platform must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.
Prohibited Use of the Website and Licensee Websites and Services
- You agree not to use the Website, the Services, and any services provided by Licensees, for any unlawful purpose or in any way that might harm, damage, or disparage Kloks, its Licensees or any other party. Without limiting the preceding sentence and by way of example and not limitation, you agree that you will not, whether through the Website, our Licensees or Your Content, do or attempt any of the following:
- Reproduce, duplicate, copy, sell, trade, resell, distribute or exploit, any portion of the Website, use of the Website, access to the Website or content obtained through the Website, as a result of your being granted permission to upload Your Content to the Website;
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Website, features that prevent or restrict the use or copying of any part of the Website or features that enforce limitations on the use of the Website;
- Threaten, harass, abuse, slander, defame or otherwise violate the legal rights (including, without limitation, rights of privacy and publicity) of third parties;
- Threaten, harass, abuse, slander, defame or otherwise violate the legal rights (including, without limitation, rights of privacy and publicity) of Kloks staff, employees, or affiliates.
- Publish, distribute or disseminate any inappropriate, profane, vulgar, defamatory, infringing, obscene, tortious, indecent, unlawful, offensive, immoral or otherwise objectionable material or information;
- Publish, distribute or disseminate any inappropriate, profane, vulgar, defamatory, infringing, obscene, tortious, indecent, unlawful, offensive, immoral or otherwise objectionable material or information towards Kloks staff, employees, or affiliates.
- Create a false identity or impersonate another for the purpose of misleading others as to your identity, including, but not limited to, providing misleading information to any feedback system employed by Kloks;
- Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful, damaging or deleterious software programs;
- Interfere with or disrupt the Website, networks or servers connected to the Website or violate the regulations, policies or procedures of such networks or servers;
- Upload or otherwise transmit any information or content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, including by incorporating any such material in Your Content; or
- Use the Website in any manner whatsoever that could lead to a violation of any federal, state or local laws, rules or regulations.
Delinquent Accounts.
Kloks may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.
You Must Have Rights to the Content You Post.
You must not Post any user content if you are not the owner of or are not fully authorized to grant rights in all of the elements of the user content you intend to Post. In addition, if you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not Post such sound recordings unless you have all necessary rights, authorizations, and permissions with respect to such embedded musical works that grant you sufficient rights to grant the licenses to Kloks under these Terms. You represent and warrant that: (a) you own the user content Posted by you or otherwise have all rights necessary to grant the license set forth in these Terms; (b) the Posting and Use of your user content does not violate the privacy rights, publicity rights, copyrights, trademark rights, patent rights, trade secret rights, contract rights, or any other rights of any party, including, but not limited to, the rights of any person visible in any of your user content; (c) the Posting of your user content will not require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and (d) the Posting of your user content does not result in a breach of contract between you and a third party.
We reserve the right to decide whether, where, and how a Submission is listed on the Site. We may refuse to post, deliver, modify, or otherwise use or take any action with respect to any Submission. If we have questions about your Submissions including without limitation with respect to copyright, we may contact you for further information. We may remove Submissions without prior notice.
Conditions of Sale.
You warrant that if you enter into a Transaction, then you shall be able to make full and immediate payment for the requested product. While Kloks provides a platform for you as a Seller to sell products on or through the Service, or for you as a Buyer to purchase or obtain licenses to products, all sales and licenses of that are offered on our platform are between the Seller and Buyer in such Transaction.You agree, whether acting as a Seller or Buyer, that any claims you have arising from a sale, license or purchase of any product on our platform, will be brought solely against the Seller, if you are a Buyer, and solely against the Buyer, if you are a Seller, and in no instance, whether you are a Buyer or Seller, against Kloks.
Seller Tools.
Personal Store. We provide software that enables Sellers to create an online store (“Personal Store”) that can be embedded into third-party websites and platforms (with the website and platform owner’s permission). A Personal Store gives Sellers a tool to sell directly to Buyers.
Marketplace. Sellers may also make their listings available for purchase via Kloks website (the “Marketplace”). A Seller may remove any listing from the Marketplace at any time.
Seller Pricing.
When acting as a Seller, you set the price for your listings in your sole discretion and assume all liability arising from such sales or grant of licenses, as applicable.
Kloks retains the right, but does not have the obligation, to immediately halt the offering or sale prevent or restrict access to the Service or take any other action in case of technical problems, objectionable material, inaccurate listings, or actions otherwise prohibited by the procedures and guidelines contained on the Service, or for any other reason in the sole and absolute discretion of Kloks, and to correct any inaccurate listing or technical problems on the Service. Kloks may immediately halt the offering or sale of any product upon receipt of notifications of claimed infringement, upon acquiring knowledge of actual infringement, or becoming aware of facts or circumstances from which infringing material is apparent or reasonably suspected with respect to any listing.
Refund Policy.
All purchase transactions made through the service are subject to Kloks return policy in effect at the time of purchase. Currently, Kloks refund policy is to not offer any refunds for any subscriptions or products purchased through the service, except in our sole and absolute discretion.
Kloks’s Rights to Content You Post.
The content you post as a user remains yours. By posting courses and other content, you allow Kloks to reuse and share it but you do not lose any ownership rights you may have over your content. When you post content, comments, questions, reviews, and when you submit to us ideas and suggestions for new features or improvements, you authorize Kloks to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as we see fit. by submitting or posting content on or through the platforms, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content (including your name and image) in any and all media or distribution methods (existing now or later developed). You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you.
Relationship Between Us.
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
Methods of Payment, Credit Card Terms and Taxes.
All payments must be made via Visa, Mastercard, American Express, JCB, Discover and Paypal. We currently do not accept cash, personal or business checks or any other payment form, although in the future we may change this policy. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder. You represent and warrant that you will not use any credit card or other form of payment unless you have all necessary legal authorization to do so. YOU, AND NOT KLOKS, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Kloks of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If Kloks does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Kloks or its agents. Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the products. You are responsible for paying any such taxes or charges imposed on your purchases, including, but not limited to, sales, use or value-added taxes. Kloks shall automatically charge and withhold the applicable tax for orders to be delivered to addresses within and any states or localities that it deems is required in accordance with our order policy in effect at the time of purchase.
Rights of Others.
When using the Service, you must respect the intellectual property and other rights of Kloks and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. If you believe that your work has been infringed by means of an improper posting or distribution of it via the Service, then please reach out to us.
Third-Party Services and Linked Websites.
Kloks may provide tools through the Service that enable you to export information, including User Content, to third-party services (“Third-Party Services”), including through features that allow you to link your account on Kloks with an account on the Third-Party Service, such as Twitter or Facebook, or through our implementation of third-party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that Kloks may transfer that information to the applicable Third-Party Service. Third-Party Services are not under Kloks’s control, and, to the fullest extent permitted by law, Kloks is not responsible for any Third-Party Service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under Kloks’s control, and Kloks is not responsible for their content.
Third-Party Software.
The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
No Class Actions.
We both agree that we can each only bring claims against the other on an individual basis. This means: (a) neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator can’t combine multiple people’s claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator’s decision or award in one person’s case can only impact that user, not other users, and can’t be used to decide other users’ disputes. If a court decides that this “No class actions” clause isn’t enforceable or valid, then this “Dispute Resolution” section will be null and void, but the rest of the Terms will still apply.
Updating These Terms.
From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and Kloks reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. Modifications will become effective on the day they are posted unless stated otherwise.