Terms & Conditions
Terms & Conditions
Welcome to Reekolect Corp. These Terms & Conditions ("Terms") govern your access to and use of the Reekolect Corp website, services, and any associated applications (collectively referred to as the "Platform"). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please refrain from accessing or using the Platform.
User Eligibility and Acceptance 1.1 By accessing or using the Platform, you affirm that you are at least 18 years old or have reached the age of majority in your jurisdiction. If you are accessing or using the Platform on behalf of a company or organization, you represent and warrant that you have the authority to bind that entity to these Terms. 1.2 By accessing or using the Platform, you accept and agree to comply with these Terms and any additional guidelines or rules applicable to specific features, functionality, or services provided by Reekolect Corp.
Use of the Platform 2.1 Reekolect Corp grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform in accordance with these Terms. 2.2 You agree to use the Platform solely for lawful purposes and in compliance with all applicable laws, regulations, and third-party rights. 2.3 You acknowledge that Reekolect Corp may modify, suspend, or discontinue the Platform or any part thereof at any time without prior notice and without any liability to you or any third party.
Intellectual Property Rights 4.1 The Platform, including but not limited to its content, features, and functionality, is owned or licensed by Reekolect Corp and is protected by intellectual property laws. 4.2 You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from or through the Platform without prior written permission from Reekolect Corp.
Disclaimer of Warranties and Limitation of Liability 5.1 The Platform is provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory. Reekolect Corp disclaims all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. 5.2 To the maximum extent permitted by law, Reekolect Corp shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with your use of the Platform, including but not limited to any loss of data, loss of business, or loss of profits.
Indemnification You agree to indemnify, defend, and hold Reekolect Corp and its officers, directors, employees, agents, affiliates, and licensors harmless from and against any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys' fees, arising out of or in connection with your use of the Platform, your violation of these Terms, or your violation of any rights of another party.
Governing Law and Jurisdiction These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where Reekolect Corp is registered, without regard to its conflict of laws provisions. Any legal action or proceeding arising out of or related to these Terms or the Platform shall be brought exclusively in the courts located in that jurisdiction.
Severability If any provision of these Terms is deemed invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
Entire Agreement These Terms constitute the entire agreement between you and Reekolect Corp regarding the Platform and supersede all prior or contemporaneous communications, whether oral or written, between you and Reekolect Corp.
If you have any questions or concerns about these Terms, please contact us at [email@example.com]
Last updated: [07/11/2023]
We're thrilled to have you join us. Thank you for choosing to use our services.
1. Introduction 1.1 Our Purpose At Reekolect, we offer a range of services designed to help our users create, preserve, and share their cherished memories and cultural heritage through our platform. Whether you're looking to preserve family history, connect with loved ones, or safeguard your cultural identity, our platform empowers you to do so seamlessly.
1.4 Access to Accounts; Roles and Permissions You can invite others to your User Account and grant them specific roles and permissions to perform activities within your User Account and User Platforms. These individuals, known as "Contributors," can access your User Account and make changes, including accepting legal terms on your behalf.
1.5 Account Ownership The owner of a User Platform or User Content on Reekolect Services is typically the person or entity associated with the email address in our records. In cases of disputes over account ownership, Reekolect reserves the right to make a determination based on reasonable judgment.
If you are a Reseller User, ownership may be determined per the terms of the Reseller Agreement.
2. Your Obligations
2.1. You represent and warrant that:
You are not ordinarily a resident of, and will not use or distribute the Reekolect Services or Reekolect App in, any country or region subject to comprehensive U.S. or international embargos. You further confirm that you are not included on any sanctions list, including but not limited to those maintained by the U.S. government or any other applicable sanctions list maintained by international bodies, and that you are not owned 50 percent or more, directly or indirectly in the aggregate, by a Sanctioned Party and are not otherwise controlled by such a party (“Sanctioned Party”). You further confirm that you will not use or distribute the Reekolect Services or the Reekolect App directly or indirectly to or for the benefit of a Sanctioned Party. You agree to indemnify Reekolect against any and all losses, including without limitation, monetary penalties and legal fees, that Reekolect may suffer should you violate any of the foregoing confirmations regarding your non-sanctioned status.
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 provide us.
You understand that Reekolect does not provide any legal advice or any recommendations with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith.
Regarding your User Content:
You confirm you own all rights in and to any content uploaded, developed, or provided by you, or imported, connected, copied, or uploaded by Reekolect Services for you, to your User Platform (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, code, algorithms, SPIs, APIs, databases, illustrations, compositions, artworks, interfaces, usernames, information you provide for the purpose of creating a subdomain name, text, literary works, and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents, and authority, in and to the User Content, as necessary to legally access, import, copy, use, connect, develop, publish, transfer, or license such User Content, by you and us or any of our affiliates.
You have (and will maintain) the full power, title, licenses, consents, and authority to allow Reekolect Services or Reekolect App to access any websites, web pages, and/or other online services, for the purpose of importing, exporting, copying, displaying, uploading, publishing, transmitting, and/or otherwise using your User Content.
The User Content is (and will continue to be) true, current, accurate, non-harmful, non-infringing upon any third-party rights, and in no way unlawful for you to upload, import, export, copy, possess, post, publish, transmit, display, or otherwise use, in the country in which you or your User Platform’s visitors and users (“End Users”) reside, or for Reekolect and/or your End Users to access, import, export, copy, upload, publish, post, store, use, or possess in connection with the Reekolect Services.
You have obtained all consents and permissions required under all applicable laws, regarding the processing, storing, collection, posting, transmission, and publication of any personal information and/or image or likeness of any person, entity, or property which is part of the User Content, and you will adhere to all laws applicable thereto.
2.2. You undertake and agree to:
Fully comply with all applicable laws and any other contractual terms which govern your use of the Reekolect Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations.
Be solely responsible and liable with respect to any of the uses of the Reekolect Services which occur under your User Account and/or User Platform(s), and for any of your User Content (including for any consequences of accessing, storing, collecting, importing, exporting, uploading, copying, using, or publishing such User Content on or with respect to the Reekolect Services).
Regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Platform, including with respect to End Users, User Products, and any applications features, services, and/or Third-Party Services used, connected, presented, or developed by you.
Receive from time to time promotional messages and materials from Reekolect or its partners, by mail, email, or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please notify us at any time.
Allow Reekolect to use in perpetuity, worldwide and free of charge, any version of your User Platform (or any part thereof) for any of Reekolect’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against Reekolect or anyone on its behalf relating to any past, present, or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Platform with respect to such limited permitted uses.
Agree to Reekolect's sole discretion as to the means, manner, and method for performing the Reekolect Services, including those regarding the hosting, transmission, publication, and/or display of any User Platforms and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).
Understand that Reekolect shall have the right to offer the Reekolect Services in alternative price plans and impose different restrictions for the upload, storage, download, and use of the Reekolect Services in each price plan, including, without limitation, restrictions on network traffic and bandwidth, size and/or length of Content, quality and/or format of Content, sources of Content, the volume of download time, number of subscribers to your Content, the volume of storage, etc.
2.3. You agree and undertake not to:
Submit, transmit, or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive, or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of Reekolect or any third party (including any intellectual property rights, privacy rights, contractual, or fiduciary rights), or otherwise shows any person, entity, or brand in a bad or disparaging light, without their prior explicit approval.
Use any illegal action to collect login data and/or passwords for other websites, third parties, software, or services.
Phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments, unless done in accordance with any applicable law, including, with the PCI DSS standard when applicable.
Upload, insert, collect, or otherwise make available within the Reekolect App or the Reekolect Services (or any part thereof), any malicious, unlawful, defamatory, or obscene Content.
Publish and/or make any use of the Reekolect Services or Licensed Content on any website, media, network, or system other than those provided by Reekolect, and/or frame, “deep link,” “page scrape,” mirror, and/or create a browser or border environment around any of the Reekolect Services, Licensed Content, and/or User Platform (or any part thereof), except as expressly permitted by Reekolect, in advance and in writing.
Use any “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Reekolect Services (or its data and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any of the Reekolect Services to obtain or attempt to obtain any materials, documents, services, or information through any means not purposely made available through the Reekolect Services.
Act in a manner which might be perceived as damaging to Reekolect’s reputation and goodwill or which may bring Reekolect into disrepute or harm.
Purchase search engine or other pay-per-click keywords (such as Google AdWords), or domain names that use Reekolect or Reekolect Marks and/or variations and misspellings thereof.
Impersonate any person or entity or provide false information on the Reekolect Services and/or User Platform, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to Reekolect and/or any End Users.
Falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Reekolect or any third party endorses you, your User Platform, your business, your User Products, or any statement you make.
Reverse look-up, trace, or seek to trace another User of Reekolect Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Reekolect Services and/or User Platform without their express and informed consent.
Disable, circumvent, bypass, or otherwise avoid any measures used to prevent or restrict access to the Reekolect Services, User Platform, the account of another User(s), or any other systems or networks connected to the Reekolect Services, by hacking, password mining, or other illegitimate or prohibited means.
Probe, scan, or test the vulnerability of the Reekolect Services or any network connected to the Reekolect Services.
Upload to the Reekolect Services and/or User Platform or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component.
Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Reekolect Services or Reekolect’s systems or networks connected to the Reekolect Services, or otherwise interfere with or disrupt the operation of any of the Reekolect Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks.
Use any of the Reekolect Services and/or User Platform in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters,” “pyramid schemes,” or similar conduct, or otherwise engage in unethical marketing or advertising.
Utilize any of the Reekolect Services or Reekolect Systems for storage and/or video streaming purposes (whether for main streaming purposes or not). For example, creating and operating websites whose purpose is video streaming or main purpose is file storage. Including indirect utilization, through integration or connection with third-party platforms or services.
Access the Reekolect Services, User Accounts, Licensed Content, and/or User Content, through any means or technology (e.g., scraping and crawling), other than our publicly supported interfaces.
Remove or alter any copyright notices, watermarks, restrictions, and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the Reekolect Services and/or Licensed Content.
Access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.
Among others, you may not copy our materials, use any content in an illegal or harmful manner, use our services or content on any platform or website not provided by us, make any misrepresentations or abuse our Services, or otherwise violate anyone’s rights or any applicable laws.
Failure to abide by any of these rules may result in the termination of your account and cessation of our services.
3. Content and Ownership
3.1. Your Intellectual Property
As between Reekolect and you, you shall retain all intellectual property rights related to your User Content and any other materials created, developed, or connected to Reekolect's services by you. This includes designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, algorithms, SPIs, APIs, databases, interfaces, text, and literary works. Reekolect does not claim ownership rights over your User Content or any content you connect to Reekolect's services.
You acknowledge and agree that in order to provide the Services to you, and for the purpose of maintaining and improving the Services, we will need to access, upload, and/or copy your User Content to our platform, including cloud services and CDNs. This is done to make display adjustments, train our software tools (such as artificial intelligence and machine learning models), duplicate content for backup, and perform other technical actions required to deliver our services. You hereby grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to use your User Content for these purposes.
3.2. Reekolect's Intellectual Property
All rights, title, and interest in and to the Reekolect services, including any materials subject to intellectual property rights, are owned by or licensed to Reekolect. This includes artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including HTML), applications, audio, music, video, designs, animations, interfaces, documentation, and more. These elements collectively constitute Reekolect's "Intellectual Property."
Subject to your full compliance with Reekolect's terms and the timely payment of all applicable fees, Reekolect grants you a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Reekolect services and Licensed Content. This license is provided upon creating your User Account and as long as Reekolect wishes to provide you with its services. It's limited to the purpose of generating and displaying your User Platform to End Users and offering your User Products solely as permitted under Reekolect's terms, and exclusively within the Reekolect services.
The Reekolect terms do not grant you any right or interest in or to Reekolect's Intellectual Property, except for the limited license expressly granted above. Nothing in the Reekolect terms constitutes an assignment or waiver of Reekolect's Intellectual Property rights under any law.
In addition, please note that certain fonts made available to you within the Reekolect services are licensed to Reekolect by third-party providers. They are subject to additional license terms from these providers, which are summarized and available for your review at www.wix.com/about/mono-terms-of-use
3.3. Feedback and Suggestions
If you provide us with any suggestions, comments, or other feedback related to the Reekolect services (whether existing, suggested, or contemplated), and such feedback is or may be subject to any Intellectual Property rights ("Feedback"), this Feedback shall be exclusively owned by Reekolect.
By providing Feedback to Reekolect, you acknowledge and agree that we may use it to:
Further develop, customize, and improve the Reekolect services.
Provide ongoing assistance and technical support.
Contact you with general or personalized Reekolect-related notices and/or interview requests based on your feedback or otherwise.
Facilitate, sponsor, and offer certain promotions and monitor performance.
Create aggregated statistical data and other aggregated and/or inferred information used to provide and improve our services.
Enhance Reekolect's data security and fraud prevention capabilities.
Comply with applicable laws and regulations.
In addition, you represent and warrant that such Feedback is accurate, complete, and does not infringe on any third-party rights. You irrevocably assign to Reekolect any right, title, and interest you may have in such Feedback and explicitly and irrevocably waive any and all claims relating to any past, present, or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.
Certain parts of the Reekolect services (including certain Third Party Services available therein, as further explained in Section 8 below) may require or involve the submission, collection, and/or use of personally identifying or identifiable information. Specifically, as part of accessing or using the Reekolect services, Reekolect and such Third Party Services may collect, access, and use certain data related to Users and End Users. This may include information about the activities or navigation undertaken by Users and End Users through the Reekolect services and/or User Platforms.
5. Service Fees
5.1. Paid Services
The use of certain Reekolect services may be subject to the payment of specific fees, as determined by Reekolect in its sole discretion ("Paid Services" and "Fees," respectively). Important: if you are a Reseller User and your payment is made to the Reseller, then the provisions of subsections 5.1 (1), 5.1(4), 5.2, 5.3 (2), 5.4 (1), and 5.5 of this Section 5 with respect to such specific Paid Service may not apply to you, and the payment and management of such Paid Service shall be made directly with the Reseller according to the terms agreed upon between you and the Reseller.
Reekolect will notify you of the Fees then in effect, which you need to pay directly to Reekolect in relation to the Paid Services you decide to purchase from Reekolect. If you wish to receive or use the Paid Services, you are required to pay all applicable Fees in advance.
Reekolect reserves the right to change its Fees at any time in its sole discretion. Reekolect will send a notice regarding the change to you or your Reseller if such a change will affect your existing subscriptions. If you received a discount or other promotional offer, either from Reekolect or from a Reseller, Reekolect or the Reseller, respectively, shall have the right at the end of the applicable discounted period to automatically and without notice renew your subscription to such Reekolect Service(s) at the full then-current applicable Fee.
All Fees paid directly to Reekolect shall be deemed to be in U.S. Dollars unless specifically stated otherwise in writing by Reekolect. To the extent permitted by law (and unless specified otherwise by Reekolect in writing), all Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities ("Taxes"), and you shall be responsible for the payment of all applicable Taxes relating to your use of the Reekolect Services or to any payments or purchases made by you. If Reekolect is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such a transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees, or fees due to banks or credit card companies). Reekolect is not responsible for any such additional fees or costs.
If you purchase Paid Services directly from Reekolect, then as part of registering or submitting information to receive Paid Services, you also authorize Reekolect (either directly or through its affiliates, subsidiaries, other third parties) to request and collect payment and service fees (or otherwise charge, refund, or take any other billing actions) from our payment provider or your designated banking account and to make any inquiries Reekolect or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card, or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).
You must keep a credit card stored with Reekolect to pay for your Paid Services ("Stored Card") that are purchased directly from Reekolect. You will be able to identify your Stored Card by its last four digits on your Account Settings Page.
If you are a Reseller User and you pay the Reseller and not directly to Reekolect, the following Section 5.2 does not apply to you.
5.3. Subscription Auto-Renewals
In order to ensure that you do not experience any interruption or loss of services, certain Paid Services include an automatic renewal option by default, according to which, unless you turn off the auto-renewal option is turned off by you or your Reseller, such Paid Services will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods) and, unless otherwise notified to you, (by Reekolect or your Reseller), at the same price (subject to applicable Taxes changes and excluding any discount or other promotional offer provided for the first period) ("Renewing Paid Services"). For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month.
Accordingly, where applicable and as for Fees paid directly to Reekolect, Reekolect will attempt to automatically charge you the applicable Fees using the Stored Card, within up to two (2) weeks before such renewal period commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect at a later time and/or suspend or cancel your User Account, without further notice. If your Renewing Paid Service is subject to a yearly or multiple-year subscription period, Reekolect will endeavor to provide you notice prior to the renewal of such Paid Service at least thirty (30) days in advance of the renewal date.
You (or the Reseller from which you purchase the Paid Services) may turn off the auto-renewal option for Renewing Paid Services at any time via your User Account or by visiting Reekolect Help Center.
Certain domains are subject to a different renewal policy as detailed at Web.com Reseller Domain Name Registration Agreement and Tucows Reseller Domain Name Registration Agreement, as applicable.
Notwithstanding anything to the contrary in the foregoing, you are, and shall be, solely responsible to verify and ensure the successful renewal of the Reekolect Services you use (whether or not such Reekolect Services are subject to automatic subscription renewals). Accordingly, you shall be solely responsible with respect to any discontinuation of any Reekolect Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any Reekolect Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against Reekolect in relation to the discontinuation of any Reekolect Services or Third Party Services, for whatever reason.
Some services, whether on purpose or mistake, may not automatically renew. You should make sure that your subscriptions are renewed in time.
5.4. Money-Back Guarantee
If you are not happy with your initial purchase of a Premium Plan, you may provide notice of cancellation for any reason within fourteen (14) days of having first ordered or activated such Premium Plan (the "Refund" and "Refund Period"). The Refund is applicable only to the initial purchase of a Premium Plan, which is an upgrade of a free website. The Refund is not applicable to any additional purchases, upgrades, modifications, or renewals of Reekolect Services. If you reside in a jurisdiction that requires a longer Refund Period, we will accommodate such requirements in accordance with all applicable laws. If Reekolect receives such notice within the Refund Period, Reekolect will refund to you the amount Reekolect charged you for such Reekolect Services, in the currency you were originally charged in, and cancel the services accordingly. Please note that the Refund amount may be different than the amount you were charged due to currency changes and third-party fees. Reekolect will not be responsible for any differences caused by a change of currency exchange rates or fees you were charged by third parties. After the Refund Period, the Fees paid by you will be non-refundable and non-cancellable. In addition, if we find that a notice of cancellation has been given by a User in bad faith or in an illegitimate attempt to avoid payment for services actually received, we reserve our right to still charge the User for any Reekolect Services actually received, as permitted by the applicable law.
Please note: Certain services purchased on or through the Reekolect Services may be non-refundable altogether. These include Third Party Services such as domains, business tools, and applications. The terms of each purchased service or application are indicated on the Reekolect Website and/or as part of or during the process of purchasing such services or applications. It is your responsibility to verify the ability to cancel a service prior to its purchase. Reekolect will not refund any amounts paid for non-refundable Paid Services, applications, or Third Party Services.
We are happy to offer a 14-day money-back guarantee for our monthly or annual paid services when first purchased. This may be extended according to the law. If you are a Reseller User and pay the Reseller, this Section does not apply to you.
Please carefully check the terms of each service before buying, since some services are non-refundable.
If at any time, we record a decline, chargeback, or other rejection of a charge of any payable Fees due directly to Reekolect, on your Reekolect account ("Chargeback"), this will be considered as a breach of your payment obligations hereunder, and your use of the Reekolect Services may be automatically disabled or terminated.
In the event a Chargeback is performed, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account, including any domains, applications, and Third Party Services may be subject to cancellation and Capacity Loss (as defined in Section 6.3 below).
Your use of the Reekolect Services will not resume until you re-subscribe for any such Reekolect Services, and pay any applicable Fees in full, including any fees and expenses incurred by Reekolect and/or any Third Party Services for each Chargeback received (including Fees for Reekolect Services provided prior to the Chargeback, handling and processing charges, and fees incurred by the payment processor).
If you have any questions or concerns regarding a payment made by you to Reekolect, we encourage you to first contact our Customer Support team before filing a Chargeback or reversal of payment, in order to prevent the Reekolect Services from being canceled and your User Account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the Reekolect Services purchased (and charged-back) by you.
We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorize the transaction and received or made use of the services rendered thereafter.
6.1. Cancellation by User
You may discontinue using and request to cancel your User Account and/or any Reekolect Services at any time, following the instructions provided on the Reekolect platform. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the Reekolect platform, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services' subscription period. Notwithstanding the above, any Paid Service (including Renewing Paid Services) purchased from a Reseller is subject to cancellation terms as agreed upon between you and your Reseller.
However, please note that regarding subscriptions to Renewing Paid Services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment. Keep in mind that the cancellation process may take a few days. To avoid the next automatic renewal and respective charge, the cancellation request should be made as follows: if purchased directly from Reekolect, at least fourteen (14) days prior to the expiration of the then-current service period; if purchased and paid for through a Reseller, pursuant to the provisions of your agreement with the Reseller.
For more information about canceling the Paid Services you purchased from Reekolect, please visit Reekolect's Help Center.
For information about canceling Paid Services you purchased from a Reseller, please contact your Reseller.
6.2. Cancellation by Reekolect
Failure to comply with any of the Reekolect Terms and/or to pay any due Fee shall entitle Reekolect, among other things, to suspend (until full payment is made) or cancel your User Account and User Platform (or certain features thereof), as well as the provision of any related Reekolect Services (e.g., Paid Services) or Third Party Services to you.
If you open a User Account via a Reseller or purchase Paid Services from a Reseller, then Reekolect is entitled to suspend, terminate, or block access to your User Account and User Platform (or certain features thereof) as well as to the provisioning of any related Reekolect Services or Third Party Services to you, also if: (a) Reekolect is requested to do so by your Reseller; or if (b) the Reseller fails to pay Reekolect any amounts due to Reekolect pursuant to the Reseller Agreement. You consent to these suspension and termination rights and acknowledge and agree that Reekolect shall have no liability to you of any kind with respect to any such suspension or termination. Your sole recourse with respect to any such suspension or termination shall be against the Reseller.
6.3. Loss of Data, Content, and Capacity
If your User Account or any Reekolect Services or Third Party Services related to your User Account are canceled (whether at your request or at Reekolect’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data, or other usage data retained therein, and including any domain name reservation or registration that was included in such Services ("Capacity Loss"). Reekolect shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content, or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any Reekolect Services following their cancellation, as determined by Reekolect in its sole discretion.
Following the termination of your User Account or User Platform, Reekolect reserves the right to delete all data in the normal course of operation. Data cannot be recovered once your User Account or User Platform is terminated.
Reekolect offers various features that enable you to sell goods, content, media, event tickets, and services through your User Platform ("User Products"), collectively referred to as "E-Commerce."
You are solely responsible for your User Products and E-Commerce-related activities, including any promotions and related content on your User Platform, and compliance with any applicable laws. Reekolect provides the platform for you to manage your online E-Commerce activities but is not involved in your relationship or transactions with actual or potential buyers of your User Products.
When someone purchases your User Products, payments for these transactions will be processed through Reekolect Payments or a third-party payment service provider ("Payment Provider").
Reekolect may automatically connect you to Reekolect Payments to facilitate accepting payments from your customers. You are responsible for all your sales activities, including your relationships with customers and any payment service providers.
7.2. Payment Providers
You acknowledge and agree that Reekolect Payments (if available in your country) will be your default payment provider.
The Reekolect Payments account is governed by the Reekolect Payments Terms of Service, which are incorporated by reference. Please review these terms of service before publishing your site and accepting payments.
Additionally, subject to territorial restrictions, you may accept payments with Apple Pay. By using Apple Pay, you accept and agree to the Apple Pay Platform Web Merchant Terms and Conditions.
The processing of payments by other Payment Providers is subject to the terms of service of those providers. Reekolect is neither a party to nor responsible in any way for your relationship with any Payment Providers or their actions.
Depending on your plan, Reekolect may charge you service fees for event tickets sold through your site. By using this service, you agree to pay these fees as required by Reekolect. You authorize Reekolect to instruct its payment processing partners or your Payment Provider, as applicable, to deduct these fees from your relevant transactions or otherwise collect them.
7.4. E-Commerce Acknowledgments and Warranties
By using any of our E-Commerce features, you acknowledge, warrant, and agree to the following:
You are solely and fully responsible for all taxes and fees associated with your E-Commerce activities, including those related to the purchase or sale of User Products. You must collect, report, and remit the correct amounts to the appropriate authorities and inform your End Users as required by law.
Any tax information provided by Reekolect's E-Commerce features is for illustration purposes only and should not be relied upon.
You are responsible for all costs related to procuring and delivering your User Products in a safe and professional manner.
You are solely responsible for any statements, promises, warranties, and support regarding your User Products. You must provide accurate contact information on your User Platform for questions, complaints, or claims.
You may not offer or sell any User Products, or provide any information, content, or material regarding User Products, that may be deemed hazardous, counterfeit, stolen, fraudulent, offensive, or abusive. Additionally, you must comply with all applicable laws, including those related to consumer rights, intellectual property, privacy rights, product safety, trade regulations, sanctions, support, maintenance, and export.
Reekolect may, at its sole discretion, suspend, disable access to, or remove your User Platform and/or any User Products without liability to you or any End Users, including for any Capacity Loss resulting from such actions.
8. Video Services
As part of Reekolect's services, we offer video services for managing videos on User Platforms ("Video Services").
The use of Video Services for your User Platform may necessitate obtaining a license for specific patents from MPEG-LA ("License"). It's your sole responsibility to determine whether your activities require a License and to procure it. You can find information about the License from MPEG LA L.L.C.
If your needs demand a more comprehensive plan than those regularly offered by us, please reach out to our support team at firstname.lastname@example.org.
Please note that you may need to obtain a license for specific online video activities. It's your responsibility to determine this requirement and secure the necessary license if needed.
9. Third Party Services
Reekolect's services empower you to engage, connect, and enhance your User Platform and user experience by accessing various third-party services, products, and tools. These encompass domain registrars for obtaining domain names, third-party applications and widgets available via the Reekolect platform (including the Reekolect App Market), third-party Licensed Content, media distribution services, E-Commerce Payment Providers, tangible product vendors, external designers, databases, code packages, and more ("Third-party Services").
Regardless of how these Third Party Services are presented to you (integrated within Reekolect services, separately offered by Reekolect or its authorized partners, or independently connected by you), Reekolect serves solely as an intermediary platform facilitating your interaction with these Third Party Services. Reekolect neither endorses nor assumes responsibility for any Third Party Services, and it will not be party to, or monitor, interactions or transactions between you and Third Party Services.
Please note that some of these services may necessitate additional payments to Reekolect and/or their respective providers.
Your use of Third-party Services is entirely at your own risk and discretion, subject to the legal and financial terms governing those services. We encourage you to review these terms before engaging with them.
While we strive to avoid such situations, Reekolect reserves the right, at its sole discretion, to suspend, disable access to, or remove from your User Account, User Platform(s), and/or Reekolect Services any Third Party Services—whether or not they are integrated with or made part of your User Account and/or User Platform(s) at the time—without incurring any liability to you or your End Users.
Please be aware that Reekolect acts as an intermediary platform, and you bear full responsibility for your engagements with third parties. Our ability to remove services may affect your website, user account, or overall experience.
12.Misconduct and Copyrights
12.1. Misconduct and Abuse
When using Reekolect Services, you may encounter User Platforms, User Content, or Third-Party Services from various sources. Some of these may be inaccurate, offensive, objectionable, or even illegal. By using Reekolect, you waive any legal or equitable rights or remedies you may have against Reekolect in connection with such content.
If you come across a User or Third-Party Service that you believe has acted inappropriately or misused Reekolect Services, please report it to us through our provided channels. Your report will not impose any responsibility or liability on Reekolect. We will review and act upon reports at our discretion, which may include taking appropriate action or requesting additional information.
Reekolect complies with copyright laws, including the Digital Millennium Copyright Act (DMCA). If you believe your copyrighted work has been used improperly on Reekolect, you can notify us using our designated copyright infringement reporting process. Please provide the following information in your notification:
Contact details of the person authorized to act on behalf of the copyright owner.
Description of the copyrighted work that you claim has been infringed.
Description of the material you claim to be infringing and its location (including URL address).
A statement, under penalty of perjury, that you have a good faith belief that the use of the material is not authorized by the copyright owner or the law.
A statement that the information in your notification is accurate, and you are the copyright owner or authorized to act on their behalf.
You can reach Reekolect's Copyright Agent at the following address:
Reekolect Inc. Email: Support@reekolectcorp.com
If Reekolect receives notice of copyright infringement related to your User Platform or content, we may take actions, including the removal of content or suspension or cancellation of your account. In such cases, you have the option to file a counter-notice under DMCA Section 512, which should include:
Your full name, address, phone number, and physical or electronic signature.
Identification of the material and its location before removal.
A statement, under penalty of perjury, that the material was removed by mistake or misidentification.
Consent to an appropriate judicial body.
Any other information required by the DMCA.
Any notices filed under these provisions will be reviewed by Reekolect at its sole discretion. Reekolect reserves the right to notify the party providing the infringement notice about your counter-notice and its details.
Disclaimer of Warranties
Reekolect provides its services "As Is," "with all faults," and "As Available," without any warranties of any kind. This includes implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty, to the fullest extent permitted by law. We do not guarantee that our services are complete, accurate, secure, or suitable for all activities or devices.
Reekolect does not endorse any entity, product, or service mentioned or available through our services. We do not take responsibility for User Content and do not assume liability for content uploaded, posted, or made available by users.
Using Reekolect services involves certain risks, and we do not guarantee specific outcomes. These risks may include misrepresentation of information, breaches of warranty or contract, violation of rights, and related claims.
Reekolect does not recommend using our services for hosting personal content and disclaims any security or integrity obligations related to personal content.
Please note that some Reekolect services are in their BETA version and may contain software bugs or disruptions. Your use of these services acknowledges your acceptance of these conditions and participation in BETA testing.
Limitation of Liability
14.1. Scope of Liability
To the maximum extent permitted by applicable law in each jurisdiction, Reekolect, its officers, directors, shareholders, employees, affiliates, and agents shall not be held liable for any of the following, whether direct, indirect, incidental, special, punitive, exemplary, or consequential:
(1) Errors, mistakes, or inaccuracies in any content. (2) Personal injury or property damage resulting from your use of Reekolect Services. (3) Unauthorized access to or use of our servers, personal information, or other stored data. (4) Interruption or cessation of transmission to or from Reekolect Services. (5) Use or display of any Content or User Content posted, emailed, transmitted, or made available through Reekolect Services. (6) Events beyond Reekolect's reasonable control, including internet failures, equipment failures, power outages, strikes, civil disturbances, acts of nature, war, terrorism, governmental actions, and non-performance by third parties. (7) Loss of use, data, profits, goodwill, or other intangible losses due to the use or inability to use any or all of Reekolect Services.
You acknowledge and agree that these limitations of liability are agreed allocations of risk, forming part of the consideration for Reekolect's services to you. These limitations will apply even if Reekolect has been informed of the possibility of such liabilities.
15.1. Your Duty to Defend and Indemnify
You agree to defend, indemnify, and hold harmless Reekolect, its officers, directors, shareholders, employees, affiliates, and agents from any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses, including attorneys' fees, arising from the following:
Your duty to defend and indemnify Reekolect extends to all costs and expenses, including reasonable attorneys' fees, incurred by Reekolect in connection with the defense of such claims.
16.1. Changes & Updates
Reekolect reserves the right to make changes, suspend, or terminate any of the Reekolect Services (or any of its features, or applicable prices), and/or terminate your access to any Reekolect Services (including the removal of any content created by you through Reekolect) for any reason, with or without prior notice, at any time and in any manner.
You acknowledge that Reekolect will not be liable to you or any third party for any modifications, suspensions, or discontinuances of Reekolect Services (or materials, content, or services created, developed, or associated with Reekolect Services).
If any such changes involve additional or increased fees, we will provide you with prior notice regarding these additional or increased fees. If you fail or refuse to pay these additional or increased fees, we may, at our sole discretion, cancel your User Account (as further explained in Section 6 above), continue to support your then-current Reekolect Services without enabling these changes, or provide you with alternative services.
16.2. Governing Law & Jurisdiction; Class Action Waiver
All such claims and disputes shall be brought in, and you hereby consent to the exclusive jurisdiction of, a court located in Tel Aviv, Israel. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Subject to any applicable law, all disputes between you and Reekolect shall be resolved solely on an individual basis. You shall not have the right to bring any claim against Reekolect as a plaintiff or a member of a class, in consolidated or representative actions, or through any other legal proceedings conducted by a group or by representatives on behalf of others.
Notwithstanding the foregoing, if you are located in the United States of America, (i) the legal jurisdiction governing all aspects of the payment transaction contemplated by Section 5 between you and Reekolect will be the State of New York, without regard to its conflict of laws principles, and (ii) any and all claims and disputes related to such payment transaction contemplated by Section 5 shall be brought in, and you hereby consent to the exclusive jurisdiction of, a court located in New York, New York.
We may provide you with notices through any of the following methods:
(1) Via Reekolect Services, including banners or pop-ups within the Reekolect Website, User Account, or elsewhere. (2) Via email, sent to the email address you provided. (3) If you are a Reseller User, then via your Reseller. (4) Through any other means, including any phone number or physical address you provided.
Reekolect's notice to you or your Reseller will be considered received and effective within twenty-four (24) hours after it was published or sent through any of the methods mentioned above, unless otherwise indicated in the notice.
The Reekolect Terms and your use of Reekolect Services do not create, and shall not be construed to create, any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Reekolect and you.
16.5. Entire Agreement
16.7. Severability & Waivers
Headings, captions, section titles, and explanations or summaries provided under the "About Us" column are included for convenience only and do not define or explain any section or provision herein. They also do not legally bind any party in any way.
Translated (non-English) versions of these terms are provided solely for convenience.