IMPORTANT NOTICE: THESE TERMS OF USE CONTAIN A BINDING ARBITRATION PROVISION AND WAIVER OF JURY TRIALS AND CLASS ACTIONS GOVERNING DISPUTES ARISING FROM USE OF THE KONNECT.BIO AND/OR AFFILIATED SITES AND SERVICES. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE MANDATORY ARBITRATION AND WAIVER OF CLASS ACTION SECTION BELOW. PLEASE READ CAREFULLY.
Welcome to KONNECT.BIO! We hope that you will enjoy using our website https://konnect.bio and affiliated sites ( “Sites”) and the services we offer on our Sites (the “Services”), including publishing media content (“Videos”) and the opportunity to purchase products (“Products”) through the Services offered by a merchant “Merchant”.
The Site and Services are owned and operated by KONNECTBIO Inc., (“KONNECT.BIO”) a corporation registered in Delaware, U.S.A. at 121 Varick Street, 4th Floor New York, NY 10013. Any reference to “we”, “our”, or “us” in the Terms (defined below) refers to KONNECT.BIO.
These Terms of Use (“Terms”) govern access to and use of the KONNECT.BIO Site, Services and Videos by Merchants, and Authorized Users. When a Merchant’s account is created for publishing Videos, they may be referred to as a “Merchant”. An “Authorized User” is an individual natural person, over the age of eighteen (18), whether an employee, business partner, contractor, or agent of such Merchant who is registered or permitted by such Merchant to use the Site and Services subject to these Terms. Site Merchants, and Authorized Users may be referred to in these Terms as “you” and “your” as applicable. For the avoidance of doubt, all references to the “Site” in these Terms also includes any Services offered through the Site.
By using the Site, you acknowledge that you have read, understood and agree to these Terms. If you do not agree to the Terms, please do not use the Site. KONNECT.BIO reserves the right, at any time and without prior notice, to modify or replace any of the Terms. Please check these Terms periodically for changes. Your continued use of the Site following the posting of any changes to the Terms constitutes acceptance of those changes. If we make any substantial changes to the Terms that materially affect your legal relationship with KONNECT.BIO, we will use commercially reasonable efforts to notify you by posting a prominent notice on the Site, or if you have an account, by email to the email address associated with your account.
In order to publish Videos on the Site, you must have an account. Accounts may be approved or rejected by KONNECT.BIO, which shall be at our sole discretion. If you are a Merchant, we strongly suggest that you log out of your account at the end of every session, and not leave your logged-in account unattended for any period of time. KONNECT.BIO, KONNECT.BIO’s affiliates, and their respective shareholders, officers, directors and employees (collectively, “Representatives”) will not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from your failure to log out at the end of a session or attend to your session, and disclaim any responsibility in this regard. KONNECT.BIO reserves the right to suspend or terminate your account, at its sole discretion, at any time and for any reason, including but not limited to whether you have violated the letter or spirit of the Terms.
In order to create an account, you must provide the following information: your first name, last name, company (if applicable) and email address (collectively, the “Account Information”). By submitting Account Information, you represent and warrant that the Account Information is true and accurate to the best of your knowledge. Submitting false or misleading Account Information may result in you being banned from using the Site, at our sole discretion.
As part of the account creation process, you may be asked to choose a password. It is your responsibility to create a password of sufficient strength that cannot easily be discovered by third parties. You are responsible for maintaining the confidentiality of your password, and for all activities that occur under your account, whether by you, your Authorized User, or any other third party. You agree to immediately notify us of any unauthorized use of your account or any other breach of security regarding your account. KONNECT.BIO will not be liable for any loss or damage of any kind, under any legal theory, caused by your failure to comply with the foregoing obligations.
Any information, including personal information (e.g., your name, address, telephone number, e-mail address), that you transmit to the Site will be used by us in accordance with our Privacy Policy, which can be found on our site.
By using the Site, you represent and warrant that you are 18 years of age or older, or the age of majority in the jurisdiction you reside and from which you access the Site where the age of majority is greater than eighteen (18) years of age, and competent to agree to these Terms.
If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are competent and authorized to agree to these Terms on that entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that entity).
Upon your acceptance of these Terms, we grant you a limited, non-exclusive and non-transferable license to access and use the Site for your non-commercial personal use, or your internal business purposes (where applicable) and only as expressly permitted in these Terms and any applicable Merchant Terms. You shall not use or permit use of the Site for any illegal purpose or in any manner inconsistent with the provisions of these Terms or Merchant Terms. If you are or become a direct competitor of KONNECT.BIO, you may not access or use the KONNECT.BIO Services without KONNECT.BIO’s explicit, advance, written consent, and then only for the purposes authorized in writing. Without limiting the foregoing, you may not:
We reserve the right in our sole discretion to terminate or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party. In such event, we may inform your Internet service provider of your activities and take appropriate legal action.
Upon creating a Merchant account, you will gain access to the fees that we charge for a Merchant’s use of the Site to create and publish Videos. There are two different types of fees that we charge for Videos:
which are monthly or annual Fees for access to the Services; and
which may be:
The Fees are firm and in U.S. dollars, which may be converted to other currencies at the time of payment processing, depending on your country of origin and/or credit card account agreement. Fees may not include applicable taxes, which shall be displayed when your credit card is charged, depending on your location. By signing up for a Merchant account, you agree to pay the Fees presented to you upon signing up, plus any applicable taxes.
In order to pay the Fees, you must provide the credit card holder name, credit card number, credit card expiry date, card security code (CVV), and billing address (collectively, the “Billing Information”). Your Billing Information must match the information associated with your credit card for your payments to be processed.
All payment processing is handled through unaffiliated third-party payment processing companies (“Third-Party Payment Processors”), such as Stripe. Third-Party Payment Processors are subject to change without notice. Once transactions are accepted by a Third-Party Payment Processor, they are processed in accordance with the Third-Party Payment Processor’s program rules, procedures, and terms of use. KONNECT.BIO and the Third-Party Payment Processors are unaffiliated companies. KONNECT.BIO and its Representatives shall in no way be held responsible for any losses or damages, direct or indirect, pecuniary or otherwise, resulting from any error or failure on the part of a Third-Party Payment Processor.
You will be charged the Subscription Fees (if applicable) on the day you sign up for an account (the “Initial Billing Date”). The Subscription Fees shall subsequently be charged on the monthly or yearly anniversary of the Initial Billing Date, as applicable. The payment period of your subscription, whether on a monthly or yearly basis, shall be referred to herein as a “Billing Period”. Your subscription automatically renews at the end of every Billing Period. If you wish to cancel your account and avoid paying the Subscription Fees for the next Billing Period, you must do so prior to the end of the current Billing Period so that your credit card or other payment method will not be charged again. You can cancel your account and avoid paying the Subscription Fees by emailing admin@konnect.bio or cancelling through your Services dashboard, in the account management section. If you cancel your account prior to the end of the Billing Period, you shall not be entitled to any refund of any Subscription Fees already paid for that Billing Period.
The Transaction Fees are calculated automatically upon purchase on a Video. Your credit card will be charged the amount calculated, and you will receive an email notification of the amount charged. By signing up for an account, you authorize KONNECT.BIO to charge your credit card the amount of the Transaction Fees for each Video, plus any applicable taxes.
Should automatic payment of any Fees fail to occur for any reason, your account will be suspended, and KONNECT.BIO will issue you an electronic invoice via email requiring you to make a manual payment for all Fees owed by the deadline set forth therein. Your account will be reactivated upon our receipt of such payment.
KONNECT.BIO, in its sole discretion and at any time, may modify the Fees. Any modification(s) to the Fees will become effective at the end of the then-current Billing Period. KONNECT.BIO will provide you with reasonable prior notice of any change in Fees to give you an opportunity to terminate your account before such modification becomes effective. Your continued use of the Services after the Fee modification goes into effect constitutes your agreement to pay the modified Fees.
You acknowledge and agree that the Site contains certain information, such as text, graphics, images, videos, links, and other materials (collectively, “KONNECT.BIO Content”) that is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You agree that as between you and KONNECT.BIO, KONNECT.BIO is the owner of KONNECT.BIO Content. You may not reproduce, distribute, republish or retransmit any KONNECT.BIO Content or materials posted at the Site except as expressly permitted herein. Except as expressly authorized by KONNECT.BIO herein, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or KONNECT.BIO Content. Systematic retrieval of data or other KONNECT.BIO Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from KONNECT.BIO is prohibited.
The Site may provide links to, or information gathered from, other sites on the Internet. KONNECT.BIO makes no representations whatsoever about these sites or this information. Other sites linked to the Site may contain information or material that some people may find inappropriate or offensive. The provision of links to, or information gathered from, other sites on the Internet should not imply KONNECT.BIO’s endorsement of any such sites or any association between KONNECT.BIO and these other sites’ operators. These sites are not under the control of KONNECT.BIO, and you acknowledge that KONNECT.BIO, its affiliates, and its licensors are not responsible for the accuracy, legality, decency, copyright compliance, or any other content of, or gathered from, such sites. You also acknowledge that KONNECT.BIO, its subsidiaries, its affiliates, and its licensors shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the content, goods or services available on or through any sites linked to the Site, or your transmission of information, including personal data, to third-parties through such other sites.
As a Merchant, when using the Services to publish Videos, you acknowledge and agree that your Video will comply with these guidelines (the “Video Guidelines”).
KONNECT.BIO may host message boards, chats, and other public forums on the Site and KONNECT.BIO’s social media accounts. You agree not to post any
When you post content on the Site or provide information to KONNECT.BIO, such as reviews or survey feedback (“User Content”), it belongs to you; however, you grant permission to KONNECT.BIO to use that User Content in connection with our Site. Accordingly, you grant KONNECT.BIO a non-exclusive, irrevocable, royalty-free, freely transferable, sublicensable, worldwide right and license to use, host, store, cache, reproduce, publish, display, perform, distribute, transmit, modify, adapt, commercialize, create derivative works of, and otherwise exploit the User Content in connection with our Site and Services. You represent and warrant that you have all the necessary rights to grant KONNECT.BIO the foregoing license for all User Content you submit in connection with the Site and will indemnify us for any breach of this representation and warranty. For the sake of clarity, the foregoing paragraph does not apply to “Personal Data” (defined below). KONNECT.BIO reserves the right, in its sole discretion, to refuse to display any User Content, or to remove or modify immediately and without notice any User Content that violates these Terms. In the event that KONNECT.BIO becomes aware that the Terms are violated, KONNECT.BIO reserves the right to immediately remove the Video without notice. KONNECT.BIO and its Representatives will not be held liable for any damages, pecuniary or otherwise, to you or any third party arising from your submission or use of User Content, whether it violates the Terms or not, our removal or modification thereof, or any deletion of Video, and disclaims any responsibility in this regard.
You hereby represent and warrant to KONNECT.BIO that:
When you upload content to the Site or provide information to KONNECT.BIO about yourself, including but not limited to your name, address, and contact information (“Personal Data”), or authorize an Authorized User to submit Personal Data to KONNECT.BIO on your behalf, it belongs to you; however, you grant permission to KONNECT.BIO to use that Personal Data in connection with our Site and in accordance with our Privacy Policy. Accordingly, you grant KONNECT.BIO an irrevocable, royalty-free, freely transferable, sublicensable, worldwide right and license to use, host, store, cache, reproduce, publish, display, distribute, transmit, modify, adapt, create derivative works of, and otherwise exploit such Personal Data solely in connection with providing the KONNECT.BIO Services to you. You represent and warrant that you have all the necessary rights to grant KONNECT.BIO the foregoing license for all Personal Data you submit in connection with the KONNECT.BIO Services and will indemnify us for any breach of this representation and warranty.
Occasionally, the Site may be unavailable for periods of time for maintenance and / or modifications. While we always strive to make periods of unavailability as brief as possible, KONNECT.BIO shall not be held liable for any losses or damages, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Site, and disclaims any responsibility thereto.
By KONNECT.BIO. You agree that KONNECT.BIO, in its sole discretion, with or without cause, has the right (but not the obligation) to block your IP address, revoke your account credentials, or otherwise terminate your access to or use of the Site (or any part thereof), immediately and without notice, if KONNECT.BIO believes that you have acted inconsistently with the letter or spirit of the Terms or the Privacy Policy. In the event of the termination of your account as per this paragraph, you shall not be entitled to any refund of any Subscription Fees already paid for the current Billing Period. You agree that KONNECT.BIO shall not be liable to you or any third party for any losses or damages, pecuniary or non-pecuniary, resulting from termination of your access to the Site.
You may terminate your subscription plan by contacting us at admin@konnect.bio, or cancelling through your Services dashboard, in the account management section.
All provisions of these Terms which by their nature should survive termination of your access to the Services shall survive, including without limitation, intellectual property provisions, disclaimers, indemnity and limitations of liability.
THE SITE, AND ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE SITE IS PROVIDED WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. KONNECT.BIO, ITS REPRESENTATIVES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS COMPLETE, ACCURATE, RELIABLE OR CORRECT; THAT THE SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CONTENT ON THE SITE OR FROM OTHER USERS WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IN ADDITION, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITES IS DONE AT YOUR OWN DIRECTION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
Under no circumstances shall KONNECT.BIO or its Representatives be liable for any consequential damages including, without limitation, indirect, punitive, incidental or special damages, damages for loss of profits, goodwill, use, data or other intangible losses (even if KONNECT.BIO has been advised of the possibility of such damages) including, without limitation, any that result from:
You agree to defend, indemnify and hold KONNECT.BIO and its Representatives harmless from any claim or demand, including attorneys’ fees, made by any third party that arise from (a) your access to and use of the Site; (b) violation of these Terms by you or your Authorized Users, as applicable; or (c) infringement of any intellectual property or other right of any person or entity by you. KONNECT.BIO reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with KONNECT.BIO in asserting any available defenses.
KONNECT.BIO is headquartered in the United States and stores and processes Personal Data in the United States. Site Visitors who access the Site from outside the United States are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree to comply will all applicable laws regarding the collection and transmission of Personal Data.
KONNECT.BIO respects the intellectual property rights of others and expects visitors to its Site to do the same. KONNECT.BIO will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide contact details to KONNECT.BIO using the information below and provide the following:
KONNECT.BIO reserves the right to remove content alleged to be infringing without prior notice and at its sole discretion. KONNECT.BIO may also terminate a repeat infringer’s Account. KONNECT.BIO's designated copyright agent for notice of alleged copyright infringement appearing on the Site can be reached at admin@konnect.bio.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
This section is intended to be interpreted broadly and governs any and all disputes between KONNECT.BIO and Merchants, including but not limited to, claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before these Terms; and claims that may arise after the termination of these Terms (“Claims”). The only disputes excluded from this broad prohibition are the litigation of certain intellectual property disputes as provided below.
We hope that we can resolve any disputes with you without resorting to arbitration. If you have an issue or a complaint, you agree to contact us at admin@konnect.bio before taking formal action. In your contact, please provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account). KONNECT.BIO agrees to use reasonable efforts to address your issue or complaint.
If, after engaging in good faith negotiations, we cannot reach an agreed-upon solution with you within sixty (60) days, then either party may initiate binding arbitration as the sole means to resolve Claims (except as provided below) subject to these Terms set forth below. You agree that any and all Claims shall be resolved by binding arbitration in accordance with the Consumer Arbitration Rules, as applicable, of the American Arbitration Association (“AAA”), having an address at 220 Davidson Avenue, 1st Floor, Somerset, New Jersey, 08873, or its successor. Information about AAA, including its rules and procedures, can be found at www.adr.org. If AAA, or its successor, is unable to arbitrate a particular Claim, then that Claim shall be resolved by binding arbitration pursuant to the rules and procedures of an equivalent organization as mutually agreed by the parties. The arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this agreement to arbitrate and the Terms, including but not limited to, any claim that all or any part of this agreement or the Terms is unenforceable. All fees charged by AAA, or its successor, shall be paid in accordance with the fee schedule under the Consumer Arbitration Rules, as applicable. All fees charged by any other equivalent organization as mutually agreed by the parties shall be paid in accordance with the rules and procedures of the equivalent organization. Arbitration awards may be enforced in any court of competent jurisdiction. The provisions of this paragraph shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq., and shall survive settlement. EXCEPT AS MAY BE PROVIDED IN AAA’S CONSUMER DUE PROCESS PROTOCOL THAT ALLOWS CONSUMERS TO FILE CERTAIN CLAIMS IN SMALL CLAIMS COURT, YOU AGREE THAT YOU ARE GIVING UP YOUR RIGHT TO A TRIAL IN COURT, EITHER WITH OR WITHOUT A JURY.
You and KONNECT.BIO expressly waive the right to file a class action or seek relief on a class basis. YOU AND KONNECT.BIO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Notwithstanding the parties’ decision to resolve all disputes through arbitration, KONNECT.BIO may bring enforcement actions, validity determinations, requests for emergent relief, including temporary restraining orders or preliminary injunctions, or claims arising from or relating to theft, piracy, or unauthorized use of intellectual property in any state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect its intellectual property rights in the Site.
This Mandatory Arbitration, Waiver of Class Actions section shall survive any termination of your use of the Site.
KONNECT.BIO reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or some or all of the content or Services offered through the Site, with or without notice. You agree that KONNECT.BIO shall not be liable to your or to any third party for any modification, suspension or discontinuance of the Site or some or all of the Services offered through it.
These Terms, along with KONNECT.BIO’s Privacy Policy and Merchant Terms (if applicable), constitutes the entire agreement between you and KONNECT.BIO with respect to the Site and supersedes all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and KONNECT.BIO with respect to the Site. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
If you have questions or need support in using the Site, please email us at admin@konnect.bio at any time.
If have any questions or should you need any additional information about issues relating to the Site, please contact us at admin@konnect.bio or 121 Varick Street, 4th Floor, New York, NY 10013.
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