Last Updated: December 23, 2019
Eligibility and Agreement.
If you use our Services, these Terms apply. If you do not agree to these Terms, you must not use our Services. You can use our Services only if you can lawfully enter into an agreement to these Terms under applicable law. If you use our Services, you agree to do so in compliance with these Terms and with applicable laws and regulations.
Changes to These Terms.
We may make changes to these Terms, including when there are changes in our Services, technology, regulation and for other reasons. If we do, we will provide you notice of such changes by posting the updated Terms on our website and changing the “Last Updated” date above. Any amended Terms will become effective no earlier than 5 days after they are posted and apply prospectively to use of the Services after such changes become effective, except that changes addressing new functions of the 2KXO Services or changes made for legal reasons will be effective immediately. Your continued use of the Services following the effective date of such changes will constitute your acceptance of such changes. If you do not agree to any amended Terms, you must discontinue using the Services.
2KXO provides certain premium services as part of our Services for which a fee is charged. The fees described below apply in connection with the following services:
US ACH Agreement.
By entering this agreement, you agree to the terms of service of Paymentrails Inc. and Authorize.Net LLC, (our US banking software providers) which are incorporated herein by reference. In addition, when providing a Social Security Number for verification purposes, you certify under penalty of perjury that: 1) The Social Security Number you provided is correct; 2) you are not subject to backup withholding because: (a) you are exempt from backup withholding, or (b) you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified you that you are no longer subject to backup withholding; 3) you are a U.S. citizen or other U.S. person, and 4) The FATCA code(s) entered (if any) indicating that you are exempt from FATCA reporting is correct. The Internal Revenue Service does not require your consent to any provision of this document other than the certifications required to avoid backup withholding. “Eligible American Express Card” means any valid: (1) American Express Consumer Card issued by American Express, (2) American Express Card issued by a licensed third-party licensed to issue American Express-branded Cards, (3) Business Card from American Express OPEN® and (4) registered American Express general purpose reloadable prepaid cards. American Express Corporate Cards, American Express Gift Cards and other American Express loyalty, award and promotional prepaid cards are not eligible cards. Credit card transactions may be subject to daily or monthly limits and/or may be declined by either credit card companies or by 2KXO’s software logic.
Once a transaction has been initiated, it cannot be reversed. Purchases using a bank account, debit card, or credit card may be reversed or may be subject to a chargeback or related claim. All payment transactions processed through the Services are non-refundable. You may have additional refund or charge-back rights under your agreement with the recipient of such funds, your bank, or applicable law. You should periodically review statements from your bank, which should reflect all applicable payment transactions made using that payment method. You can also always access the record of your transactions by logging into your 2KXO App.
Ownership of Intellectual Property Rights.
We retain all right, title, and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in our Services and all content on our Services, including our trademarks, service marks, designs, logos, URLs, and trade names that are displayed on our Service, which we refer to in these Terms, collectively, as the 2KXO Materials. We hereby grant you a limited, non-exclusive, and non-sublicensable license to access and use the 2KXO Materials for your personal or internal business use. Such license is subject to these Terms and does not permit any resale of the 2KXO Materials; the distribution, public performance or public display of any 2KXO Materials; modifying or otherwise making any derivative uses of the 2KXO Materials, or any portion thereof; or any use of the 2KXO Materials other than for their intended purposes. The license granted under this Section will automatically terminate if we suspend or terminate your access to the Services. We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas or other information or materials regarding 2KXO or our Services that you provide, whether by email, posting through our Services or otherwise, which we refer to in these Terms as Feedback. Any Feedback you submit is non-confidential and will become the sole property of 2KXO. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You may not use, copy or retransmit anything on our website without our permission. We reserve all rights not expressly granted herein.
To use the 2KXO Services, you must provide a valid mobile phone number. This number is used as part of the authentication process. As part of using the 2KXO Services, you are agreeing to receive SMS/text messages from us. Please note that while we do not charge you for SMS/text messages, your mobile carrier’s standard messaging rates will apply. Failure to provide a valid mobile phone number may result in restriction of your use of the 2KXO Services.
You agree that you will not use the 2KXO Services to perform any type of illegal activity of any sort or to take any action that negatively affects the performances of the 2KXO Services. You may not engage in any of the following activities via the Services, nor may you help a third party in any such activity: (1) attempt to gain unauthorized access to our Services or another user’s account, (2) make any attempt to bypass or circumvent any security features, (3) violate any law, statute, ordinance, or regulation, (4) reproduce, duplicate, copy, sell or resell our Services for any purpose except as authorized in these Terms, (5) engage in any activity that is abusive or interferes with or disrupts our Services. If you are blocked by 2KXO from accessing the 2KXO Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Use of our Services in connection with any transaction involving illegal products or services is prohibited. 2KXO reserves the right to temporarily or permanently suspend your account or otherwise restrict your use of the 2KXO Services if any violation of this section occurs.
The 2KXO Services may be subject to export control regulations under applicable law, including in the United States. By using the 2KXO Services you represent that you are not an individual or entity that is, or an entity owned or controlled by persons or entities that are, (i) the subject of any sanctions administered or enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control, the U.S. Department of State, the United Nations Security Council, the European Union, Her Majesty’s Treasury, the Swiss government, or any other governmental authority with jurisdiction over 2KXO or the 2KXO Services; (ii) identified on the Denied Persons, Entity, or Unverified Lists of the U.S. Department of Commerce’s Bureau of Industry and Security; or (iii) located, organized or resident in a country or territory that is, or whose government is, the subject of U.S. economic sanctions, including, without limitation, Cuba, Iran, North Korea, South Sudan, Sudan, or Syria. You further represent that you will not use the 2KXO Services to conduct any transaction with or on behalf of any person or entity listed in clauses (i) through (iii) above or otherwise in violation of the law. 2KXO may cease to provide the 2KXO Services to you for any reason, and with no notice, if it determines that you have violated any of the above representations. You understand and consent that 2KXO may be legally required to detain, to deny your access to, and to report to one or more governmental authorities, such as your property or property interests as are in 2KXO’s possession or control in the event of certain sanctions imposing these obligations. These representations, covenants, and obligations are continuing and you agree to notify 2KXO immediately in writing if your status under any of the above covenants changes.
2KXO and the 2KXO logo are our trademarks, registered trademarks or service marks. Any other trademarks mentioned in our website or mobile apps are the property of their respective owners.
Disclaimer of Warranties.
OUR SERVICES ARE PROVIDED “AS IS” WITH NO WARRANTY OF ANY KIND. Your use of our Services is at your sole risk. We and our licensors, service providers or subcontractors (if any) make no representations or warranties about the suitability of the information, software, products and services contained in our Services for any purpose or their compliance with any accounting rules, principles or laws, and expressly disclaim any representation or warranty that the Services will be free from errors, viruses or other harmful components, that communications to or from the Services will be secure and not intercepted, that the services and other capabilities offered from the Services will be uninterrupted, or that their content will be accurate, complete or timely. EXCEPT AS EXPRESSLY STATED IN THESE TERMS, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT YOU HAVE NOT ENTERED INTO THIS AGREEMENT IN RELIANCE UPON ANY WARRANTY OR REPRESENTATION EXCEPT THOSE SPECIFICALLY SET FORTH IN THESE TERMS. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
2KXO is not acting and cannot act as an advisor, including as to any financial, legal, investment, insurance and/or tax matters. Any information provided by 2KXO is for general information only. You are solely responsible for determining whether any contemplated transaction is appropriate for you.
You agree to indemnify, defend and hold us, our employees, agents, consultants, subsidiaries, partners, affiliates, and licensors, harmless against any and all claims, costs, losses, damages, liabilities, judgments and expenses (including reasonable fees of attorneys and other professionals) arising from or in any way related to your use of our Services, your violation of these Terms, or your violation of any rights of any other person or entity.
Limitation of Liability.
In no event will the aggregate liability of 2KXO, our licensors, service providers, or subcontractors for any loss or damage that arises out of, or is connected with, any of the occurrences described above exceed, the greater of $100 or the service fees that you paid to us for the service we provide through the Services during the month during which the incident occurred. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of us, our licensors, service providers and subcontractors. FOR THE AVOIDANCE OF DOUBT, THE LIMITATIONS OF LIABILITY DESCRIBED IN THIS SECTION WOULD NOT LIMIT THE AMOUNTS OTHERWISE PAYABLE TO YOU BY 2KXO AS A RESULT OF SUCCESSFUL VAULT INSURANCE CLAIMS PAID OUT BY 2KXO’S INSURER AND RECEIVED BY 2KXO. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS OR LIMITATIONS ON LIABILITY. ONLY DISCLAIMERS OR LIMITATIONS THAT ARE LAWFUL IN THE APPLICABLE JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Arbitration and Governing Law.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
You and 2KXO agree to arbitrate any dispute arising from these Terms or your use of our Services, except for disputes in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and 2KXO agree to notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to 2KXO shall be sent to [email protected]. You and 2KXO further agree: (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in New York County New York; (c) that arbitration will be conducted confidentially by a single arbitrator in accordance with New York State laws and regulations; and (d) that the courts in New York County have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by these Terms and the laws of New York, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND 2KXO WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING.
To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of our Services within two years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
Under applicable law, after a specified period of inactivity by you with respect to your 2KXO account, 2KXO may be required to report and/or remit any balance it is holding in custody for you in accordance with unclaimed property laws.
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
Assignment; Entire Agreement.
2KXO may assign these Terms to its affiliate or subsidiary, or in connection with a merger, consolidation, or sale or other disposition of all or substantially all of its assets. These Terms, together with any other agreements that apply to you, constitute the entire and exclusive agreement between us and you regarding its subject matter and supersede and replace any previous or contemporaneous written or oral contract, warranty, representation or understanding regarding its subject matter.
Changes to this Statement
2KXO™ will occasionally update this Statement of Privacy to reflect company and customer feedback. 2KXO™ encourages you to periodically review this Statement to be informed of how 2KXO™ is protecting your information.
2KXO welcomes your questions or comments regarding this Statement of Privacy.
Effective as of January 18, 2019
Addition To This Statement
There is a variety of features integrated into the 2KXO platform. With 2KXO, you can live within the moment, prolong memories of your favorite experiences, sharing them with friends and family. You can swap messages, share content, and get paid. Earn bonus reward cash when using the 2KXO platform generating paid likes using your content. The more a user generates engagement or views on his/her account, an amount is credited to the user’s balance. See more of this under 2KXO Connect Payment Gateway Terms.