Terms of Service
Please read these terms carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by these Terms. If you do not agree to all the terms, then you may not access the Website or use any services. If these terms are considered an offer by 1KOLO, acceptance is expressly limited to these terms.
- The Website is available only to users who are 13 years of age and above.
- Your comVendor Account and Store. If you create a vendor account on the Website, you are responsible for all digital products that appear under your name and store. You must not describe or assign keywords to your store in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and 1KOLO may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause 1KOLO liability. You must immediately notify 1KOLO of any unauthorized uses of your store, your account or any other breaches of security. 1KOLO will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of vendors.You are entirely responsible for all the content (including all files, text, images and links) that you make available via the Website, including for any harm resulting from, or claim pertaining to, that c By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your store is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other stores and websites, and similar unsolicited promotional methods;
- your store is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your store’s name is not the name of a person other than yourself or organization other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by 1KOLO or otherwise.
By submitting Content to 1KOLO for inclusion on the Website, you grant 1KOLO a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your digital products. If you delete Content, 1KOLO will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, 1KOLO has the right (though not the obligation) to, in 1KOLO’s sole discretion (i) refuse or remove any content that, in 1KOLO’s reasonable opinion, violates any 1KOLO policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in 1KOLO’ sole discretion. 1KOLO will have no obligation to provide a refund of any amounts previously paid.
- Responsibility of Website Users. 1KOLO has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, 1KOLO does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. While 1KOLO takes all reasonable measures to ensure the Website and files shared through it are clean and malware-free, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. 1KOLO disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages to which comlinks, and that link to 1kolo.com. 1KOLO does not have any control over those non-1KOLO websites and web pages, and is not responsible for their contents or their use. By linking to a non-1KOLO website or webpage, 1KOLO does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. 1KOLO disclaims any responsibility for any harm resulting from your use of non-1KOLO websites and webpages.
- Copyright Infringement and DMCA Policy.1KOLO is committed to safeguarding the intellectual property rights of others. If you believe that material located on or linked to by com violates your copyright, you are encouraged to notify 1KOLO in accordance with 1KOLO’ Digital Millennium Copyright Act (“DMCA”) Policy. 1KOLO will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. 1KOLO will terminate a user’s access to and use of the Website if, under appropriate circumstances, such user is determined to be a repeat infringer of the copyrights or other intellectual property rights of 1KOLO or others. In the case of such termination, 1KOLO will have no obligation to provide a refund of any amounts previously paid to 1KOLO.
- No Transfer of Intellectual Property. These Terms do not transfer from 1KOLO to you any 1KOLO or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with 1KOLO. 1KOLO, com, the 1kolo logo, and all other trademarks, service marks, graphics and logos used in connection with 1kolo.com, or the Website, are trademarks or registered trademarks of 1KOLO or 1KOLO’ licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any 1KOLO or third-party trademarks.
- Changes. 1KOLO reserves the right, at its sole discretion, to modify or replace any part of these Terms. It is your responsibility to check these Terms periodically for changes. Your continued use of or access to the Website following the posting of any changes to these Terms constitutes acceptance of those changes. 1KOLO may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to these Terms.
- Termination. 1KOLO may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you no longer wish to be bound by these Terms or wish to terminate your com account (if you have one), you may simply discontinue using the Website. 1KOLO can terminate the Website immediately as part of a general shut down of our service. In the event of termination, 1KOLO will see that you receive any outstanding services you may have paid for. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. 1KOLO and its vendors and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither 1KOLO nor its vendors and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will 1KOLO, or its vendors or licensors, be liable with respect to any subject matter of these Terms under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to 1KOLO under these Terms during the twelve (12) month period prior to the cause of action. 1KOLO shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless 1KOLO, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of these Terms.
- User Content. You retain full ownership of any user content you might upload onto 1KOLO. If you are a store owner, 1KOLO will never under any circumstances own any of your content. If you chose to remove your content, 1KOLO can claim no ownership of it.
- The Creator will be paid for the products sold between the 15th and 18th of every month, based on their sales of the previous month. The payout will be based on the previous month sales from the 1st to the last day of the month. The Creator will be paid via their selected payment method.
The minimum payout amount is $20. Any unpaid amount carries over to the next month where it will be added to that months total. The Creator is responsible for making sure that the payout information has been entered correctly. 1KOLO is in no way liable for any unpaid earnings if the information provided is inaccurate.
- Miscellaneous. These Terms constitute the entire agreement between 1KOLO and you concerning the subject matter hereof except to the extent applicable law, if any, provides otherwise, these Terms, any access to or use of the Website will be governed by the laws of the United States of America and the State of Wyoming. The venue for settling any disputes arising out of or relating to any of the same will be the State and federal courts of the United States. Any arbitration by court shall take place in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce these Terms shall be entitled to costs and attorneys’ fees. If any part of these Terms is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under these Terms to any party that consents to, and agrees to be bound by, its provisions; 1KOLO may assign its rights under these Terms without condition. these Terms will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.