Last update January 2022
This website is operated by FRESH KINGZ LLC, registered in the Commercial Registry of Texas.
This page contains important information about your legal rights and obligations when using any of the websites and services belonging to the Company. The following is a collection of the generally-applicable terms of use across our websites and services, whilst specific provisions are included in the terms of use of the relevant Company’s website or service and may be accessed via the links provided below:
Acceptance of Terms
By accessing and using our FRESH KINGZ Website, herein referred to as the “Platform”, you are agreeing to be bound by our Terms of Service as well as being responsible for compliance with any applicable local laws or regulations. If you do not agree with any of the terms stated within, you are prohibited from using or accessing the Platform. The materials contained on this website may be protected by applicable copyright and trademark law, by either ourselves or the respective holders of the relevant intellectual property rights.
We expressly reserve the right to update and amend our Terms of Service from time to time without formal notice to you. You acknowledge and agree that it is your responsibility to review our Terms of Service occasionally to familiarize yourself with any modifications. Your continued use of the Platform after such modifications occur will constitute acknowledgment of the modified Terms of Service to which you shall abide by and be bound to.
The reproduction, duplication, or copying of the Platform (including its design and proprietary code) for commercial purposes is strictly prohibited and will be prosecuted to the fullest extent of the law.
Terms of Use
Before accessing and using any of the Company’s website or services (“Services”), you must read the specific terms of use applicable to the access, browsing and use by the users (“Tribe” or “Tribes”, as applicable) of the relevant Website/Service, as accessing and using any of the Website or Services implies that you have read and accept to be bound by the terms of use of the relevant Website or Service. We also recommend regularly checking the applicable terms of use as the Company reserves the right to modify these at any time (the date at the beginning of these terms refers to the latest update of these terms, which will be applicable from the date of publication).
If the User has any objections regarding the terms of use of the Websites or Services, please refrain from using the platform.
Should any conflict arise between the content of the terms as they are laid out below and the content of the specific terms of use of each Website or Service (displayed above), the specific terms of use of The Platform or Service shall always prevail.
In respect of collection and processing of personal data, the Privacy policy will apply.
Registration
In order to use certain Services, the User must register, creating a username and password and activating an account. To this end, the User must provide a valid email address where the User will receive notifications related to the Services. If the User is a legal entity or business, its username must be its full name or corporate name and the person registering on behalf of the legal entity or business declares that he/she is duly authorized to bind such legal entity or business and that such legal entity or business shall be bound to these Terms.
To create an account and become a cardmember, the User be at least 18. If the User is creating an account on behalf of someone else, the User must have their permission to do so. the User responsible for their account and using it in a lawful way.
When the User creates an account, ythey agree to comply with these Terms and that the User is over 18 and are legally able to enter these Terms with us. The User must provide us with accurate info about yourself — if anything changes, please let us know so we can update their details.
If the User is using FRESH KINGZ on behalf of a business or individual, they agree that they are authorized by them to act and agree to these Terms on their behalf.
The User responsible for anything that happens to their account, so they must keep their login details and password safe and don’t share them with anyone. If the User thinks their account has been compromised, they should contact us immediately.
Member Cardname
The cardname the User chooses must be appropriate for everyone and cannot infringe on someone else’s rights.
We know the username the User chooses is very important to them. But it’s also important that their cardname is appropriate for all audiences and doesn’t infringe anyone’s rights, including intellectual property rights (such as copyright and trademarks) (“IP Rights”).
The User can’t use the name of another person (such as a celebrity), brand, or company, have a cardname that is offensive, vulgar or obscene, or create an account with a cardname that you have no connection with just to profit from it in the future (known as “Domain Squatting”).
If any of these issues occur over any cardname, we’ll consider the circumstances reasonably and may require you to change it (and we may reassign it to someone else). If the User refuses, we may suspend or cancel their account. If someone claims that the cardname infringes their IP Rights, they’ll need to complete an IP Report and the User will have the chance to then issue a Counter-Notice.
If the User has not signed in or added new links or had any traffic to their account in the last 6 months we may reclaim or reassign the username (but never without contacting you first).
Accounts and Passwords
When users create an account with us, they must provide an accurate and non-temporary email address in order for us to provide important account information when necessary or to regain access to a lost account. Using a fake or temporary email address could result in the loss of their account. User’s account email address should be kept current by updating it when necessary in the Platform’s dashboard.
The User is solely responsible for safeguarding the password that they use to access the Platform in order to prevent unwarranted access to their account and modification of their page. For this reason, the User agrees to not disclose their password to anyone, including our staff who will never ask for user passwords.
Users are responsible for backing up their content as we do not provide publicly accessible backup services. We are not liable for lost content that could occur from, but not limited to, accidental user deletion or service provider failures.
The User is responsible for all operations carried out through the User’s account through any device. If the User suspects that another User is using his account, he/she/it should immediately inform the Company.
We have a zero-tolerance policy for fraud. Fraudulent purchases within the Platform will lead to permanent account deletion. If you believe your account may have been compromised or see a suspicious charge contact us immediately to resolve this issue. The Company may suspend or cancel the User’s account if it considers that the User has breached these terms.
Authorized Use
The User is only authorized to use the Website and the Services in accordance with the Terms and in good faith. In particular and without limitation, Users (irrespective of whether they have purchased a Subscription or not) undertake that any access or downloads of any content available in the Website or through the Services will always be the result of a genuine legitimate interest of the User and acknowledges that any method which artificially increases the number of downloads, accesses or clicks over such content is strictly prohibited under these Terms (including, without limitation, the generation of downloads, accesses or clicks over such content through any robots, spiders or any other mechanism, mobile application, program or tool) and will result in the cancellation of the User’s account by the Company and the obligation for the User to indemnify the Company for all damages suffered as a result of the User’s breach of this undertaking.
The User agrees not to use the Services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the User agrees not to partake in any conduct or action that could damage the image, interests or rights of the Website or third parties, particularly, the owners of the Lists Content, the Third Party Content or the Sponsored Content.
The User will not interfere with the functioning of the Website or in the Services, in particular, he/she/it will not impersonate another user or person. The User agrees not to carry out any action that may damage, make unavailable, overload, deteriorate or impede the normal use of the Website or the Services, which may impact the security of the Website or the Services, or which may in any way interfere with the Services offered by the Company. The use of robots, spiders or any other mechanism, mobile application, program or tool to access, copy or control any part of the Website or the Services in any way which is contrary to the ordinary use of the Website or which infringes the Company’s interests (without its express prior authorization) is strictly prohibited. Likewise, obtaining or attempting to obtain the contents of the Website using any method or system not expressly authorized by the Company or which is not the ordinary method of accessing the Website is also strictly prohibited.
The User shall be responsible for any costs required for the Services’ use and for ensuring, prior to using the Services, that the Services’ features meet the User’s needs and that he/she/it meets all requirements and has all the equipment and software necessary for this purpose.
The rights granted to the User under these Terms are personal and shall not be assigned to any third party (including affiliates or entities part of the same group of companies) totally or partially, by any mean, without the prior, express and written consent from the Company.
When providing the Services, the Website can publish advertising either related or not to the searched contents or the Services, which is expressly accepted by the User.
Membership Subscriptions
The terms in this Section (“Subscription Terms”) govern any purchase of any Subscription in the Website. When concluding the purchase procedure for any Subscription, it shall be deemed that the User has read and accepted, without exception, the Subscription Terms. For the avoidance of doubt, the Subscription Terms are additional to the Terms which will continue to apply to Users who have acquired a Subscription unless it is expressly provided otherwise in relation to specific provisions in the Subscription Terms.
The Subscriptions available are offered in the Website where the pertinent information, price and conditions are included (including, without limitation, restrictions to the number of post each day). The Company can modify the Subscriptions offered at any time, offering with new Services (to which, unless otherwise stated, these Subscription Terms shall apply) or ceasing to offer any of the Services.
The price for the Subscription is stated in US Dollars in the Website and includes, if applicable, the relevant Value Added Tax. The Company is entitled to modify the price for any Subscription at any time. The Company shall apply the price stated in the Website at the time of the submission of the Subscription order by the User.
The User shall pay the Subscription in advance through Paypal or credit/debit card, as stated in the Website. To purchase and pay the Subscription, the User shall follow the instructions stated in the Website. The processing of the payment information and data through Paypal or credit/debit card is made within third-party sites. When ordering any Subscription, the User authorizes the Company to collect the corresponding price through the chosen payment method. The Subscription shall not be activated until the Company has received the payment or the payment has been authorized by the relevant financing entity. After that, the Subscription shall be in force for the term purchased by the User.
Unless otherwise stated in these Subscription Terms, the Subscriptions shall be automatically and successively renewed at the expiration of its term, unless the User cancels the renewal of the Subscription before its expiration. The Company shall charge the corresponding price by the same initial payment method. The Company may modify the price for the renewal of the Subscription, provided that the User is informed with, at least, one-month prior notice.
Once the User purchases the Subscription, the screen shall confirm the purchase. In addition, within the shortest time reasonably possible and not after twenty-four (24) hours since the acceptance of the order, an email shall be sent to the User with the receipt of the purchase. The receipt may be stored and printed. The User may request and download an invoice as stated within the Website twenty-four (24) hours after making the relevant payment.
All subscription charges from the Platform will be billed monthly or annually on a recurring basis until canceled based on the selected plan. Switching between active plans occurs on a prorated basis for both upgrades and downgrades based on the unused time remaining on your plan. Therefore, it is possible to not incur a new charge until necessary if enough previously charged credit can be applied during a plan switch.
As we continue development on the Platform by introducing additional features, we reserve the right to adjust the prices of our subscription plans in the future. For users with active plans we will give at least (45) days notice via email before the next billing cycle in which the changes will take effect.
Third-Party Services
We may include in the Platform, access to specific functionality or services which are provided by third parties (e.g. a payment gateway or online storefront).
FRESH KINGZ integrates with various third-party products and services. Unless we say otherwise, we do not endorse (or make any warranties or representations concerning any third party product or service and do not offer refunds for any amounts you’ve paid to a third party.
Your use of any third-party product or service may be subject to separate terms and conditions, which you’re responsible for reviewing, accepting, and complying with. If you don’t accept or comply with those third-party terms, we may suspend or cancel your account, or limit your access to such services within our Platform.
Cancelation and Termination
You may upgrade or downgrade your recurring paid subscription at any time from the membership page. Upon cancellation or downgrading plans, your account will go into a grace period where you will still have access to the premium features until the purchased time period has ended. We do not offer refunds for subscriptions, including for unused time on your account.
You agree that we may cancel, terminate, or disable any pages, accounts, or subscriptions for any reason solely based on our discretion without formal notice as outlined in this Terms of Service. You agree that we will not be liable to you or any third-party for such termination.
If you don’t comply with these Terms, we may close your account or limit the functionality of the cardmember profile, which you have access to (e.g. if you don’t pay your subscription on time, we may convert your paid plan to a free plan with fewer features).
Depending on what the non-compliance is, we may not use this right to suspend or cancel your account, but if there is repeat non-compliance or a material non-compliance, we are likely to. If we suspend or cancel your account, we will usually notify you beforehand (but we don’t have to) and you will not receive a refund of any fees paid upfront.
If you think your account has been canceled by mistake or you have an issue with these Terms or the Platform, please email support@freshkingz.com. Both us and you will use all reasonable efforts to resolve any issues in good faith, and neither of us will bring any legal action on the issue until we have spent at least 1 month trying to work it out.
FRESH KINGZ is constantly evolving and improving. From time to time we may make changes to the Platform and or these Terms. If the change will have a significant negative impact on you, we’ll notify you at least 1 month before the change takes effect (e.g. via a notification on the Platform).
We may need to change these Terms from time to time so that it reflects our business updates, changes to the Platform (including if we decide to discontinue any functionality, features, or part of the Platform), legal or commercial reasons, or otherwise to protect our legitimate interests.
We can make these changes at any time and it’s your responsibility to check these Terms now and then for any changes. Your continued use of the Platform after any changes to the Terms is taken as your acceptance of the revised Terms. If you don’t agree with the changes, we ask you to stop using FRESH KINGZ and close your account.
Private Messaging
We may use direct or third-party services in order to provide messaging within the Platform. We will not inspect or disclose the contents of the aforementioned communication method without the consent of the sender, except in specific situations required by law, court or governmental order, or the Electronic Communications Privacy Act.
The User acknowledges and agrees that he/she/it uses the Website and its Services at the User’s own risk and under the User’s responsibility and, therefore, the Company does not accept any responsibility for misuse or use in breach of the terms of the relevant Web Site/Service.
The User will be responsible for any damages to the Company resulting from the User’s use of the Website and the Services in breach of the terms and accepts to indemnify the Company and its directors, employees, agents and representatives from any liability in which they may incur as a result of the User’s breach of these terms.
The Company does not warrant the availability or continuity of the Website or the Services, neither its reliability, quality, completeness, accuracy or whether they are fit for a specific purpose or activity.
As way of example and without limitation, the Company shall not be liable for any damages that may result from:
Interruptions, viruses, technical problems, interferences, omissions, unavailability, power cuts, failure of the telecommunication networks or the User’s equipment which are not the Company’s responsibility.
Delays or unavailability of the Website and the Services due to deficiencies or traffic overload on the Internet, in the communication network or the electricity grid.
3rd Party Links to Other Sites
Due to the link sharing nature of the Platform, pages hosted on our site will frequently link to third-party websites. If Users click on a third-party link, they will be directed to that site. Note that these external sites are not operated by us. We generally do not pre-screen content posted by users of the Platform. We have no control over and assume no responsibility or liability for the content, privacy policies, or practices of any third-party sites or services.
Furthermore, the inclusion of links to external websites does not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk. You are responsible for reading the Terms of Service and Privacy Policies of any third-party websites or services you visit.
Third-party actions
Unavailability of the Website and the Services due to maintenance or software updates.
Any other event beyond the Company’s direct control.
SAVE FOR THE COMPANY’S WILFUL MISCONDUCT, AND THOSE CASES IN WHICH DUE TO THE SPECIFIC CIRCUMSTANCES OF THE USER INVOLVED OR THE NATURE OF THE MATTER, APPLICABLE LAW PROVIDES THAT LIABILITY CANNOT BE LIMITED BY AGREEMENT, USE OF THE WEBSITE AND THE SERVICES IS AT SOLE RISK OF THE USER AND THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGE OF ANY KIND CAUSED TO THE USER AS A RESULT OF USING THE WEBSITE AND/OR THE SERVICES.
Regarding content owned by third parties and offered through the Websites and/or Services in collaboration with the Company (if any), the Company acts exclusively as the provider of the intermediation service between the third parties’ offer of content and the Users interested in downloading them, without any liability in relation to such contents, except for those cases expressly stated by the applicable law.
The Company will make reasonable commercial efforts in order to ensure the accuracy of keywords and descriptions, as well as the identification of content as exclusively for editorial use or any equivalent expression. However, THE COMPANY NEITHER WARRANTS NOR MAKES ANY REPRESENTATION REGARDING ANY KEYWORD, TITLE OR DESCRIPTION; OR THE IDENTIFICATION OR LACK OF IDENTIFICATION OF ANY VISUAL CONTENT AS EXCLUSIVELY FOR EDITORIAL USE. For this reason and notwithstanding any other liability limitation that may be applicable in accordance with these terms, the Company shall neither indemnify nor assume any liability in connection with any claim resulting from inaccurate keywords, titles or descriptions, or from the use of the visual content identified as exclusively for editorial use.
Content
In this section, User “Content” includes all user generated material that users create, upload, or make public on the Platform including but not limited to text, images, videos, music, and links.
The user is responsible for the Content that they post on the Platform, including its legality, reliability, and appropriateness. You grant us a universal license to host, use, distribute, copy, publicly display, and translate your content on the Platform. Users also agree that we can utilize their content in marketing and promotions for the Platform with their expressed permission.
Users agree that we may remove portions of their posted content or entire pages for any reason at our discretion. This can be due to copyright takedown notices, intellectual property infringement, serious content complaints, impersonation, abandonment, username squatting, or posting content we believe is harmful or otherwise unsuitable for the Platform. This Platform is not suitable for linking to non-age restricted or non-gated sexual content, which will result in account termination.
Intellectual Property
All intellectual property rights over the Website, the Services, its design, and source code, and all content included in any of them (including without limitation text, images, animations, databases, graphics, logos, trademarks, icons, buttons, pictures, videos, sound recordings, etc.) belong or are licensed to the Company.
Except as expressly authorized under these Terms, the reproduction or distribution, as well as transformation, producing any derivative works of any kind, public communication, making available, extraction, reuse or any other use of the Website, the Services, the FRESH KINGZ LLC Content or any of its parts, is strictly forbidden.
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
A statement that the information in the written notice is accurate, and under penalty of perjury, that you are the owner, or agent authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
A physical or electronic signature of the copyright owner, or representative to act on their behalf, along with the date.
Properly filed DMCA complaints containing all of the above information will result in the removal of said infringing content hosted on the Platform. It can also result in the infringer receiving a complete copy of the complaint, including personal contact information, as part of the public record you consent to by providing the DMCA notice.
Users identified as being repeat infringers, in accordance with the DMCA or other applicable law, may have their account or page disabled and removed entirely at our sole discretion.
Changes and Closure of the Website
The Company may, at any moment, and without incurring in any responsibility towards the User, modify the content of the Website or the Services, limit or modify the conditions or cease to provide some or all the Services and features available or deactivate and delete all or some of the User accounts and their corresponding information. However, the Company will comply with its obligations regarding the keeping of records in relation to certain transactions for the relevant period as provided by applicable law or refund the Users of Subscriptions in force at that time with the proportional part of the price not accrued before the termination.
Indemnification
As a condition of a Users access to and use of the Platform, they agree to indemnify us and our associates for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access and use of the Platform and any applicable law or the rights of another person or party. This indemnification survives the expiration of their account in situations where deemed applicable.
Limitation of Liability
The User acknowledges and agrees that he/she/it uses the Website and its Services at the User’s own risk and under the User’s responsibility and, therefore, the Company does not accept any responsibility for misuse or use in breach of these Terms.
The User will be responsible for any damages to the Company resulting from the User’s use of the Website and the Services in breach of the Terms and accepts to indemnify the Company and its directors, employees, agents and representatives from any liability in which they may incur as a result of the User’s breach of these Terms.
The Company does not warrant the availability or continuity of the Website or the Services, neither its reliability, quality, completeness, accuracy or whether they are fit for a specific purpose or activity.
As way of example and without limitation, the Company shall not be liable for any damages that may result from:
Interruptions, viruses, technical problems, interferences, omissions, unavailability, power cuts, failure of the telecommunication networks or the User’s equipment which are not the Company’s responsibility.
Delays or unavailability of the Website and the Services due to deficiencies or traffic overload on the Internet, in the communication network or the electricity grid.
Interruptions, viruses, technical problems, interferences, omissions, unavailability, power cuts, failure of the telecommunication networks or the User’s equipment which are not the Company’s responsibility.
Delays or unavailability of the Website and the Services due to deficiencies or traffic overload on the Internet, in the communication network or the electricity grid.
Third-party actions.
Unavailability of the Website and the Services due to maintenance or software updates.
Any other event beyond the Company’s direct control.
SAVE FOR THE COMPANY’S WILFUL MISCONDUCT, AND THOSE CASES IN WHICH DUE TO THE SPECIFIC CIRCUMSTANCES OF THE USER INVOLVED OR THE NATURE OF THE MATTER, APPLICABLE LAW PROVIDES THAT LIABILITY CANNOT BE LIMITED BY AGREEMENT, USE OF THE WEBSITE AND THE SERVICES IS AT SOLE RISK OF THE USER AND THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGE OF ANY KIND CAUSED TO THE USER AS A RESULT OF USING THE WEBSITE AND/OR THE SERVICES.
The Company will make reasonable commercial efforts in order to ensure the accuracy of keywords and descriptions, as well as the identification of content as exclusively for editorial use or any equivalent expression. However, THE COMPANY NEITHER WARRANTS NOR MAKES ANY REPRESENTATION REGARDING ANY KEYWORD, TITLE OR DESCRIPTION; OR THE IDENTIFICATION OR LACK OF IDENTIFICATION OF ANY VISUAL CONTENT AS EXCLUSIVELY FOR EDITORIAL USE. For this reason and notwithstanding any other liability limitation that may be applicable in accordance with these Terms, the Company shall neither indemnify nor assume any liability in connection with any claim resulting from inaccurate keywords, titles or descriptions, or from the use of the visual content identified as exclusively for editorial use.
No Warranties
The materials on the Platform are provided on an ‘AS IS’ basis. The Platform makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, the Platform does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of our services or otherwise relating to materials on any sites linked to this site. If any provision in these terms is declared to be invalid or unenforceable, it shall be substituted or deemed as not included. The remaining provisions in these terms shall not be affected in any way.
You may contact the Company for any query or claim via support@freshkingz.com
17. Governing Law
Our Terms of Service shall be governed and construed in accordance with the laws of the State of Texas within the United States of America, without regards to potential conflicts of law provisions as it is accessible from all 50 states and other countries around the world. Each party agrees and submits to the exclusive personal jurisdiction of any venue within the State of Texas deemed to have competent jurisdiction.
Our failure to enforce any right or provision of this Terms of Service agreement will not be considered a waiver of those rights. If any provision of the terms is held to be invalid or unenforceable by a court, the remaining provisions will remain in effect. The terms constitute the entire agreement between you and our company, replacing or superseding any prior agreements regarding the Platform.
International Use
Accessing the Platform from locations outside of the United States is on the user’s own initiative who is solely responsible for compliance with applicable local laws in doing so. Despite the Platform being accessible from locations around the world, we make no suggestion that the material found on it is appropriate or suitable for use where the content could be prohibited, and must be avoided in such cases.
Contact Us
If you have any questions or suggestions regarding our Terms of Service, please contact us at support@freshkingz.com