Effective Date: 01/16/2025

1. Introduction

Welcome to The Kinnect. These Terms and Conditions ("Terms") constitute a legally binding agreement between The Kinnect ("we", "our", or "us") and you ("Client" or "you"), governing your access to and use of our website: https://thekinnect.com ("Website"), along with any related media forms, channels, mobile websites, or mobile applications. By accessing or using our Website, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree with these Terms, you are expressly prohibited from using the Website and must discontinue use immediately.

2. Intellectual Property Rights

Unless otherwise indicated, the Website and its entire contents, features, and functionality—including but not limited to all source code, databases, software, website designs, audio, video, text, photographs, and graphics (collectively, the "Content")—are owned by The Kinnect and are protected by copyright, trademark, and other intellectual property laws. The Content and trademarks, service marks, and logos contained therein (the "Marks") are provided "as is" for your information and personal use only. Except as expressly provided in these Terms, no part of the Website, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our prior written permission. We reserve all rights in and to the Website, Content, and Marks.

3. Ownership of Materials

All design and original source files created on your behalf ("Projects") are the sole property of the Client. You shall be the exclusive owner of the copyright for all Projects. In the event that any operation of law would cause The Kinnect to become the owner of a Project, in whole or in part, rather than you, we irrevocably and perpetually assign our entire interest in the Project to you, without limitation. You warrant that any materials provided to us as examples or to be incorporated into a Project are owned by you and do not infringe upon any third party's rights, including intellectual property rights and rights of publicity. Unless otherwise agreed upon in writing, The Kinnect reserves the right to share your design work publicly (e.g., on social media, our website, etc.).

4. Third-Party Fonts

If any Project incorporates fonts not owned by The Kinnect that require a commercial license for you to legally reproduce, distribute, or publicly display the Project ("Third-Party Fonts"), we will inform you in writing. This notice will include information sufficient for you to identify which licenses are required and from whom to purchase them. Once we have provided this information, you assume all responsibility for any consequences resulting from your failure to purchase the necessary licenses for any Third-Party Fonts incorporated into a Project.

5. User Representations

By using the Website, you represent and warrant that:

• You have the legal capacity and agree to comply with these Terms;
• You are not a minor in your jurisdiction of domicile;
• You will not access the Website through automated or non-human means;
• You will not use the Website for any illegal or unauthorized purpose;
• Your use of the Website will not violate any applicable law or regulation.

6. Prohibited Activities

You agree not to access or use the Website for any purpose other than that for which we make the Website available. The Website may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us. Specifically, you agree not to:

• Systematically retrieve data or content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission;
• Make any unauthorized use of the Website;
• Use the Website to advertise or offer to sell goods and services;
• Circumvent, disable, or otherwise interfere with security-related features of the Website;
• Engage in unauthorized framing of or linking to the Website;
• Trick, defraud, or mislead us and other users;
• Interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website;
• Use the Website in an attempt to compete with us or otherwise use the Website and/or the Content for any revenue-generating endeavor or commercial enterprise;
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website;
• Attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Website to you;
• Delete the copyright or other proprietary rights notice from any Content;
• Copy or adapt the Website's software;
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the Website;
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website;
• Use the Website in a manner inconsistent with any applicable laws or regulations.

7. Client Feedback

You acknowledge and agree that any questions, comments, suggestions, or other feedback ("Submissions") you provide to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, without acknowledgment or compensation to you.

8. Management and Oversight

We reserve the right, but not the obligation, to:

• Monitor the Website for violations of these Terms;
• Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms;
• Refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions;
• Remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
• Otherwise manage the Website in a manner designed to protect our rights and property and to facilitate the proper functioning of the Website.

9. Privacy Policy

We care about data privacy and security. By using the Website, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. Please be advised that the Website is hosted in the United States. If you access the Website from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Website, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

10. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Website at any time or for any reason at our sole discretion without notice.

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