Updated 10/26/2024
These Terms of Service (the “Agreement”) set forth the terms and conditions that apply to your access and use of the internet website located at https://korlink.io/ and http://korcrew.com/ (the “Site”) owned and operated by FLUX NETWORK INC. dba KOR Link nad KOR Crew (“KOR Link”, "KOR Crew", “we”, “our”, or “us”) and the services available thereon including services that enable content creators (“Creators”) to develop loyalty benefits and rewards for their fans (“Fans”) and engage with them (collectively the “Services”).
This Agreement incorporates by reference the Privacy Policy posted by us on our Site (the “Privacy Policy”), and any other policies posted by us on our Site from time to time and expressly referencing this Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN YOU AND KOR Link/KOR Crew, AND IS DEEMED ACCEPTED BY YOU UPON YOUR FIRST ACCESS OR USE OF THE SERVICES. IF YOU DO NOT ACCEPT THIS AGREEMENT, DO NOT ACCESS OR USE THE SERVICES. IF YOU ARE DISSATISFIED WITH THIS AGREEMENT OR ANY RULES, POLICIES OR PRACTICES APPLICABLE TO THE SITE OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND SERVICES.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT, IN WHICH CASE THE TERMS “YOU” OR “YOUR” WILL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
In order to enter into this Agreement, you must have reached the legal age of majority in your jurisdiction of residence, and be fully able and competent to enter into this Agreement, and to abide by and comply with this Agreement. It is your responsibility to ensure that you are legally eligible to enter into this Agreement under any laws applicable to you. If you accept this Agreement, you represent that you have the capacity to be bound by it.
Creators and Fans are solely responsible for all activity that occurs under their user accounts. If you become aware of any unauthorized use of your account or User Content (defined below), you are responsible for notifying us immediately. You agree and understand that you are responsible for maintaining the confidentiality of your account username and password (collectively, “User ID”). The User ID, together with any or other information you provide to the Services at any time and from time to time, including personal information, will form your “User Content” and allow you to access your user account. You will provide true, accurate, current and complete information, and you agree not to misrepresent your User Content. It is your responsibility to update or change your user account or User Content, as appropriate. Your right to access and use the Services is personal to you and is not transferable by you to any other person.
When providing User Content (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right and license to exercise any and all rights that you have in such content in connection with our provision of the Services, or as otherwise permitted under this Agreement. To the fullest extent permitted under applicable law, you waive your right to enforce against KOR Link/KOR Crew, our assignees, our sublicensees, and their assignees your rights in such content in connection with our, those assignees’, and those sublicensees’ use of that content.
You represent and warrant that, for all User Content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this Agreement. You represent and warrant that use of any such User Content (including derivative works) by us, our users, or others in contract with us, and in compliance with this Agreement, does not and will not infringe any intellectual property rights, privacy rights or contractual rights of any third party.
While KOR Link/KOR Crew prohibits conduct and use of the Services that is in violation of this Agreement, you understand and agree that KOR Link/KOR Crew is not responsible for any User Content provided on the Services, including Creator content, Fan content, or content developed by any other party. KOR Link/KOR Crew does not pre-screen any User Content, but KOR Link/KOR Crew and its designees have the right (but not the obligation) in their sole discretion to refuse or remove any such content that is available via the Services, as may be applicable. As such, you may be exposed to materials that are in violation of this Agreement. You agree that your use of the Services is at your own risk and liability, and that KOR Link/KOR Crew is released of any liability in connection with same.
In accessing or using the Services, you must not:
If KOR Link/KOR Crew determines, in our sole discretion, that you are abusing the Services or failing to comply with the terms of this Agreement, we may, without limiting any other available remedies, limit, suspend or terminate your user account(s) and access to our Services, delay or remove any hosted content, remove any special status associated with your account(s), and take technical and/or legal steps to prevent you from using our Services.
In our sole discretion, we may cancel unconfirmed accounts, accounts created by bots or any other automated method, or accounts that have been inactive for a long time, or we may modify or discontinue our Services. Additionally, we reserve the right at any time and from time to time to refuse or terminate all or part of our Services to anyone for any or no reason at our sole discretion.
If you are a Fan, you may be awarded badges (“Badges”) by Creators based on your activity using the Services. The criteria for awarding Badges, the number of Badges awarded, and the value of such Badges is subject to change from time to time in the Creators’ sole discretion. Unless otherwise expressly provided by the applicable Creator: (a) Badges have no cash or monetary value and cannot be converted into any currency. Badges carry no entitlement whatsoever, whether to any product, service or right of any kind, except as may be provided by the applicable Creator in each instance.
For certainty, KOR Link/KOR Crew is not responsible for: (i) any Badges; and (ii) any good, service or right delivered to Fans by Creators in exchange for Badges (each, a “Benefit”). KOR Link/KOR Crew assumes no responsibility for any loss, damage, defect, injury, death or expense relating to any Badges, Benefits, or for your Benefits not turning out as you expected for whatever reason.
All material and services provided by or through KOR Link/KOR Crew, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners, including all software, informational text, software documentation, design of and “look and feel”, layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted, as well as all derivative works thereof (collectively, the “Materials”), are owned by us or our licensors or service providers, and are protected by copyright, trademark, trade secret and other intellectual property laws. Subject to your compliance with all of the terms and conditions of this Agreement, KOR Link/KOR Crew grants to you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable right to access and use the Materials that we make available to you in connection with the Services. Except as otherwise expressly provided by us, you are not permitted to download, copy or otherwise store any Materials.
The trademarks, logos and service marks (the “Marks”) displayed on the Services, and which may be included with the Materials, are owned by KOR Link/KOR Crew or third-party licensors. Except as expressly contemplated herein, you are prohibited from using such Marks without prior written permission from KOR Link/KOR Crew or such applicable third party in each instance. For certainty, KOR Link/KOR Crew retains all right, title and interest in and to the Materials and the Marks. Your use under limited license of the Materials and Marks must strictly comply with the terms of this Agreement.
Access or use of the Services and certain features, tools and/or activities may require payment of fees (“Service Fees”). We may use third party payment processors in order to facilitate Service Fee payments (the “Payment Processors”). We disclaim any and all liability that may result from your use of the Payment Processors and make no representation, warranty or guarantee with regards to the Payment Processors or their actions. Your activity on the Payment Processors’ sites or applications is governed by such Payment Processors’ terms and conditions. Any claim and dispute you may have in connection with Service Fees must be solely directed to such applicable Payment Processors, and you hereby release KOR Link/KOR Crew, and its affiliates, and each of their officers, directors, employees and agents, from any and all claims, actions, demands or losses in connection with same.
YOU AGREE THAT YOU USE THE SERVICES AT YOUR SOLE RISK. TO THE FULLEST EXTENT ALLOWABLE AT LAW, THE SERVICES ARE PROVIDED WITHOUT ANY WARRANTIES OR GUARANTEES WHATSOEVER, WHETHER EXPRESS OR IMPLIED, AND ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS.
WITHOUT LIMITING THE FORGOING, THE SERVICES ARE PROVIDED WITHOUT IMPLIED OR EXPRESS WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE CANNOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT DEFECT, ERRORS, INTERRUPTION, OR DOWNTIME. BY USING OUR SERVICES, YOU AGREE THAT KOR LINK/KOR CREW AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AFFILIATES, AND ASSIGNS, ARE NOT LIABLE FOR ANY LOSS, HARM, DAMAGE, COST, OR INJURY SUFFERED (INCLUDING ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES) IN CONNECTION WITH YOUR ACCESSING, USING, OR THE INABILITY TO ACCESS OR USE, THE SERVICES. BY ACCESSING OR USING THE SERVICES YOU AGREE THAT KOR LINK/KOR CREW IS NOT RESPONSIBLE FOR YOUR ACTIONS OR JUDGMENTS IN CONNECTION WITH SAME.
FOR CERTAINTY, KOR LINK/KOR CREW WILL NOT BE LIABLE FOR:
IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE (INCLUDING OUR PARENT, SUBSIDIARIES, AND AFFILIATES, AND OUR AND THEIR OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES) ARE NOT LIABLE FOR ANY DAMAGES OR LOSSES (INCLUDING LOSS OF MONEY, GOODWILL OR REPUTATION, PROFITS, OTHER INTANGIBLE LOSSES, OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) ARISING OR RESULTING DIRECTLY OR INDIRECTLY FROM:
WITHOUT LIMITING ANY OF THE FOREGOING, AND IN ANY EVENT, KOR LINK/KOR CREW’S AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE CLAIM. THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMISSABLE UNDER APPLICABLE LAW.
If you have a dispute with one or more users of the Services, you release KOR Link/KOR Crew (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and otherwise) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favour at the time of agreeing to this release.
You agree to defend, indemnify, and hold harmless KOR Link/KOR Crew and its affiliates, and each of their officers, directors, employees and agents, from and against any and all claims, actions, demands or losses, including reasonable legal and accounting fees, arising from or in any way relating to your breach of or noncompliance with of this Agreement.
You understand and agree that KOR Link/KOR Crew is making the Services available to you in reliance upon the limitations and exclusions of liability, indemnities, and the disclaimers set forth herein and that the same form an essential basis of the contract between you and us. You agree that the limitations and exclusions of liability, indemnities, and the disclaimers set forth herein will survive, and continue to apply in the case of a fundamental breach or breaches of, the failure of essential purpose of contract, the failure of any exclusive remedy or the termination of this Agreement.
KOR Link/KOR Crew reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. KOR Link/KOR Crew will not be liable to you or any third party for any modification, suspension or discontinuance of the Services.
This Agreement, which incorporates (i) the Privacy Policy, (ii) any other policy posted by us on our Site and explicitly referencing this Agreement (“Other Policies”), and (iii) any signed written agreement between KOR Link/KOR Crew and you concerning the subject matter hereof and referencing this Agreement (a “Signed Agreement”), constitutes the entire agreement between you and KOR Link/KOR Crew with respect to the subject matter contained herein, and there are no other terms, conditions, representations, warranties, or collateral agreements, express or implied. To the extent of any conflict, the following order of precedence will apply (in descending order of priority): (i) the Signed Agreement; (ii) this Agreement; (iii) the Privacy Policy; and (iv) the Other Policies.
KOR Link/KOR Crew may amend this Agreement without notice or consent at any time and from time to time by posting the amended Agreement on the Site. Unless otherwise indicated by us, the amended Agreement will apply immediately upon us posting it to the Site. You can determine when this Agreement was last revised by referring to the “LAST UPDATED” reference expressly provided above. Your continued access or use of our Services after the posting of the amended Agreement on the Site constitutes your acceptance of the amended Agreement.
Any delay in the performance by KOR Link/KOR Crew of any duties or obligations hereunder will not be considered a breach of this Agreement if such delay is caused by circumstances beyond our reasonable control, including acts of God, acts of government, floods, fires, earthquakes, civil unrest, war, acts of terror, strikes or other labor problems, failures of common carriers (including Internet service providers), denial of service attacks, pandemic or epidemic.
KOR Link/KOR Crew may assign this Agreement and all your consents contained herein, in whole, or in part, at any time, with or without notice to you. You may not assign your rights or delegate your duties under this Agreement, either in whole or in part, without KOR Link/KOR Crew’s prior written consent in each instance. This Agreement will enure to the benefit of and be binding upon the parties to this Agreement and their respective successors, heirs and permitted assigns.
Our failure to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. Waivers will not be effective unless in writing and duly authorized by an officer of KOR Link/KOR Crew.
The invalidity or unenforceability of any provisions of this Agreement will not affect the validity or enforceability of any other provision of this Agreement, which will remain in full force and effect. In the event that a court of competent jurisdiction determines any provision(s) of this Agreement to be invalid or unenforceable, then to the maximum extent permitted by law, such impugned provision(s) will be deemed to be amended so as to accomplish their original intent as closely as possible while remaining compliant with law.
This Agreement was written in the English language. If this Agreement is translated into another language, the English language text will in any event prevail. Unless the context otherwise requires, words importing the singular include the plural and vice versa, and words importing gender include all genders. Where the word “including” or “includes” is used in this Agreement, it means “including (or includes) without limitation”. To the maximum extent permitted by law, this Agreement will not be interpreted against a party by reason of authorship of any of its provisions.
This Agreement is governed and interpreted pursuant to the laws of the Province of British Columbia, Canada and the federal laws of Canada applicable therein, without regard to principles of conflicts of law that would impose the law of another jurisdiction, and you agree to submit to the exclusive jurisdiction of the courts located within the Province of British Columbia, Canada. The foregoing will not limit KOR Link/KOR Crew’s right to enforce this Agreement in any other jurisdiction if reasonably necessary or advisable in our sole discretion.
YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY AGREE TO WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY, OR COMMENCE OR PARTICIPATE IN ANY CLASS ACTION AGAINST US RELATED TO THE SERVICES AND/OR THIS AGREEMENT.
Read our Privacy Policy.
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