Terms and conditions
- Account Registration
- Payments; Subscriptions
- Confidentiality Policy
- Owner of the Product
- Revisions/Changes to One-Time Order
- User Conduct
- Intellectual Property
- Changes to Terms
- Limitation of Liability
- Choice of Law and Jurisdiction
- Entire Agreement
- Contacting Us
In using this Website Klingit.com (“Site” or “Website”), You are deemed to have read and agreed to the following terms and conditions:
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 AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE WEBSITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
All rights not expressly granted to You under these terms are reserved to the Company.
If You would like to sign up as a Customer, Our Website allows You to order unique customized designs based on Your order details for a set monthly fee under Subscription Plan or as a “One-time order” which we will accomplish and deliver within a short period of time. Our dedicated team of professional designers is committed to provide the best services to ensure your satisfactory. We reserve the right to engage third party service providers (“Service Providers”) from time to time to provide certain Services.
3. ACCOUNT REGISTRATION
In order to use Our Services, You should create an account on Our Website/Platform using Your email address and also, generate a password. We will provide You with the Personal Information page which You can fill out at Your own discretion as You deem necessary. As a Customer You should to provide Your name, Company’s name, phone number, some biographical and/or professional information. You must provide accurate, complete and current information to comply with Our account registration requirements. Otherwise, We reserve the right to change the account type, suspend or terminate Your account due to any reason including but not limited to untrue or incomplete information, and/or for violation of these Terms and Conditions. If we terminate or suspend Your account for any reason, You are prohibited from registering and creating a new account under Your name, a fake or borrowed name, or the name of any third party, even if You may be acting on behalf of the third party. In addition to terminating or suspending Your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
You are fully responsible for all activity that occurs under Your account. It is then required that You keep Your account confidential. In case You grant access to other person/s, You shall be fully bound by their actions while using Your account.
Notwithstanding anything to the contrary, You understand and acknowledge that we are not acting as a “producer” as defined by the 18 USC § 2257 Record Keeping Requirements (the “2257 Regulations”).
4. PAYMENTS; SUBSCRIPTIONS.
Once You are registered as Our Customer You may choose one of 4 plans (“Plan (s)”) for Your future orders. Such Plans include three (3) subscription fee based accounts and “One time order” type of account.
Your purchases can be made via credit/ debit cards, and are processed through Our third-party Internet payment service providers. By purchasing any Product through Our Website, You hereby consent and agree to abide by such third-party Internet payment service providers’ customer terms and conditions, and privacy policies, and understand that we have no control whatsoever on such customer terms and conditions, and privacy policies. IF You DO NOT AGREE to such third-party Internet payment service providers’ customer terms and conditions or privacy policies, DO NOT PURCHASE ANY PLAN. This is your sole responsibility to find, read and understand any third party policies.
Any amount due for one of Our Plans is payable in advance. Our displayed pricing is only available at the time of Purchase and may vary from time to time. We reserve the right to set up Our Plans’ prices at Our sole discretion and without liability to You.
We may also provide One-time Services where we determine a price for each of such projects individually and based on complexity of your order and a proposed timeframe to complete. Our quote for any One time order is final and is not a subject to any discount or price-reduction. By purchasing such One-time services, You understand and agree that all sales are final.You acknowledge and agree that the product that We develop for You is a customized product, and as such a refund or replacement will not be provided in the event that You merely do not like the final Product.
5. CONFIDENTIALITY POLICY
During the course of Our relationship, You may disclose to Us your Confidential Information in connection with your business. We agree to hold in confidence and not disclose to any third party any of Your Confidential Information, except as approved or directed in writing by You, and will use Your Confidential Information for no purpose other than for the Services. We will limit access to Your Confidential Information to only those employees, officers, directors, contractors, representative and agents who are involved in providing Services to You. For purposes of these Terms and Conditions (“Agreement”), the term “Confidential Information” means non-public or proprietary information, including, without limitation, information relating to current or future business, products and services, strategies, images, development, design and design details, marketing plans, etc.
Notwithstanding anything to the contrary in this Terms and Conditions, the following is not Confidential Information: (a) information that was in the public domain at the time of its disclosure or has entered the public domain without breach of this Agreement; (b) information that was already in the rightful possession of a party at the time of disclosure; (c) information that is independently developed by a party without breaching this Agreement; or (d) information that becomes known to a party, without restriction, from a third party source not directly or indirectly involving a breach of this Agreement.
Any information concerning the Customer and their respective Customer Records may be passed to third parties. However, Customer records are regarded as confidential and therefore will not be divulged to any third parties, other than Our Service Providers and if legally required to do so to the appropriate authorities. We will not sell, share, or rent Your personal information to a third party with the exception of cases described in these Terms and Conditions.
The information on this Website is provided on an “AS IS” basis. To the fullest extent permitted by law, this Company: (i) excludes all representations and warranties relating to this Website and its content or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this Website and/or the Company’s materials; (ii) excludes all liability for damages arising out of or in connection with Your use of this Website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or You have advised this Company of the possibility of such potential loss), damage caused to Your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
7. OWNERSHIP OF THE PRODUCT
As a Customer, You understand and agree that You shall be the sole owner of the Product ordered by You only upon Product completion and once it’s final and does not assume any revisions/changes/substitutes and all the fees associated with the Services were properly paid.
8. ONE-TIME ORDER CHANGES
Once Your One-time order has been placed and confirmed, You agree that all the information provided with respect to such order is correct and verified by You. Once Your Product is final You are not entitled to any free changes unless specified herein in Our Terms of Service.
As a Customer, You are entitled to two (2) of free revisions to address the changes You want to have on Your Product before it’s considered final. However, changes shall only include minor redesigns. Changes beyond the scope of minor revision shall be paid separately subject to Your solicitation with Our designer.
9. USER CONDUCT
In using the Website and Services, You agree that You will not:
- Disparage, tarnish, or otherwise harm, in Our opinion, us and/or the Site;
- Use any information obtained from the Website in order to harass, abuse, or harm another person;
- Use the Website in a manner inconsistent with any applicable laws or regulations.
Harass, annoy, intimidate, or threaten any of Our employees or agents engaged in providing any portion of the Website to You;
- order any Service or otherwise use any Services in a manner that is: unlawful (or promotes unlawful activities); harmful; threatening; fraudulent, deceptive or misleading; harassing; discriminatory; libelous; defamatory; vulgar; pornographic; obscene; in violation of another’s right of privacy, publicity or other rights; in violation of any contractual or fiduciary obligations; or infringing on any copyrights, trademarks, service marks, trade secrets, patents or other intellectual property rights (collectively, “Intellectual Property Rights”) of any third party; or otherwise objectionable;
- impersonate any person or entity, falsely state or otherwise misrepresent Your affiliation with a person or entity or provide inaccurate information;
- violate or attempt to violate the security of the Website or Services;
- interfere with the ability of others to use the Website or Services;
- violate any applicable laws, regulations, rules, ordinances, statutes, requirements, codes or orders of any governmental or judicial authorities or any third party terms and conditions applicable to any Services that You use.
You agree to indemnify, defend and hold harmless Our Company and its affiliates, and their respective licensors and Service Providers, and all officers, directors, owners, agents, or licensors of any of the foregoing (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities and costs, including reasonable attorney’s fees, sustained by any of the Indemnified Parties in connection with any claim arising out of Your use of any Services, or any breach of these Terms. Under no circumstances shall We be liable for any amount exceeding the fee paid for the Services ordered.
You warrant and represent that:
(i) You are at least sixteen (16) years of age if You are an individual within the European Union (EU), or of the legal age of majority in Your jurisdiction, and possess the legal authority, right and freedom to enter into a binding agreement, for yourself or on behalf of the person or entity committed by You to Our Terms and Conditions;
(ii) Your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address You submit us.
12. INTELLECTUAL PROPERTY
Unless otherwise indicated, this Website is Our proprietary property and all source code, databases, functionality, software, Website designs, audio, video, text, photographs, and graphics on the Website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by Us or licensed to Us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws in various jurisdictions including EU and US, international copyright laws, and international conventions. The Content and the Marks are provided on the Website “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Our prior written permission.
13. CHANGES TO THESE TERMS
We may modify these Terms of Service at any time by posting changes on the Website; however, (i) these changes will only become effective and binding with respect to You after Company provides notice on the Website that these Terms have changed and You first use any of the Website following the date of such posting, (ii) the changes will only apply with respect to Your use of the Website after such changes become effective, and (iii) any change in payment obligations will only apply to Your subsequent purchases on, or usage of, the Website or Services. If at any time You find these Terms unacceptable and do not agree with them, You thereafter will have no right to use or access the Website or Services.
14. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE THREE (3) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAININTERNATIONAL LAWS AND US STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
15. CHOICE OF LAW AND JURISDICTION
These Terms and Conditions are governed by the laws of Sweden and Swedish Courts competent to hear any claims and dispute arising out of Our relationship.
16. ENTIRE AGREEMENT
The Terms and Conditions constitute the sole and entire agreement between You and Us regarding this Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
17. CONTACTING US
For questions or clarifications regarding Our Terms and Conditions or to request data deletion, please use Our Contact Page.