Terms of Service
Kinx Corporation, a Pennsylvania corporation (“Company”), owns and operates www.kinx.com and all affiliated websites and mobile versions (“Kinx”), a social media platform that allows creators to upload photos, videos, and other content to their profile and set prices for access to that content (“Creator(s)”), while allowing fans to pay to access that content (“Fan(s)”). The term “You” or “User” refers to all users, whether Creators or Fans.
Please read these Terms & Conditions (“Terms”), a legal contract that governs your use of Kinx, including any content, functionality, and services offered on or through the Kinx platform. Please pay special attention to the following sections: disclaimer of warranties; limitations of liability; releases; class action waiver, mandatory arbitration, and disputes. By registering with and using Kinx, you hereby accept and agree to be bound by and abide by these Terms. If you do not agree to these Terms or do not meet or comply with its provisions, you must not access or use Kinx.
We may change these Terms on one or more occasions. Changes will become effective on the “last updated” date stated at the top of this page. Changes will not apply to ongoing disputes or to disputes arising out of (or relating to) events occurring before the posted changes. While Kinx Corporation will try to notify you when these Terms are updated, we do not assume an obligation to do so, and it is your responsibility to frequently check this page to review the most current agreement. By continuing to use Kinx after we post changes to these Terms, you agree to the revised agreement. If you do not agree to the revised agreement, your exclusive remedy is to stop accessing Kinx.
- General Provisions
- No Minors: Kinx contains adult-oriented content and is not intended for minors. Only adults (1) who are at least eighteen (18) years old and (2) who have reached the age of majority in their jurisdiction may access Kinx. If you do not meet these age requirements, you must not access Kinx and must leave now. Kinx Corporation strictly prohibits all persons who do not meet these age requirements from accessing Kinx.
- Section 230(d) Notice: In accordance with 47 U.S.C. § 230(d), you are notified that parental control protections (including computer hardware, software, or filtering services) are commercially available to help limit access to material that is harmful to minors. You may find information about providers of these protections on the Internet by searching “parental control protection” or similar terms. If minors have access to your computer, please restrict their access to sexually explicit material using any of the following products, which Kinx provides for informational purposes only and does not endorse: CYBERsitter™, Net Nanny®, CyberPatrol | ASACP.
- No Child Sexual Abuse Material (CSAM): Kinx strictly prohibits any pornographic content involving minors, known as child sexual abuse material (CSAM). Kinx only permits visual media of consenting adults for consenting adults on its platform. If you encounter any visual media, real or simulated, depicting minors engaged in sexual activity within Kinx, please promptly report this through our Support Portal. Include all relevant information, including the date and time of identification. Kinx will promptly investigate all reports and take appropriate action, fully cooperating with any law enforcement agency investigating CSAM.
- No Prostitution or Sex Trafficking: The solicitation, promotion, and facilitation of prostitution and sex trafficking are strictly prohibited. Engaging in such activities on Kinx or posting links to external websites that promote or facilitate prostitution or sex trafficking may result in the deletion of your account without refunding and/or paying out any funds in your account at the time of the offense or deletion.
- User Content: We do not own the media uploaded by Users on Kinx (“User Content”), and the views expressed by Users do not represent the views of Kinx. All User Content transactions and interactions on Kinx are between Users, and Kinx does not become a party to any transaction or interaction between Users. User Content is provided AS IS. You may access User Content for your information and personal use solely as intended through Kinx’s functionality and as permitted under these Terms. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any User Content for other purposes without prior written consent from Kinx Corporation or the respective licensors of the User Content.
- Rights Reserved by Kinx Corporation: We reserve the right at any time and without notice to:
- Modify, suspend, or terminate Kinx or any portion thereof.
- Restrict, limit, suspend, or terminate your access to Kinx or any portion thereof.
- Verify the information you provide to us.
- Verify compliance with these Terms and/or any applicable law.
- Temporarily suspend or permanently terminate your account for failure to comply with these Terms and/or any applicable law.
- Delete any content you post on Kinx if, in our reasonable opinion, it does not comply with these Terms and/or applicable law.
- Monitor your use of Kinx (including any content or messages you post or broadcast on Kinx).
- Investigate any suspected or alleged misuse or unlawful use of Kinx and cooperate with law enforcement in such investigations.
- Disclose information about your use of Kinx in connection with a law enforcement investigation of any suspected or alleged illegal activity or in response to a lawful subpoena or court order.
- Change the payment or payout processor that enables you to make or receive payments as a User.
- License to Access and Use Kinx: Subject to all the terms, conditions, limitations, and restrictions contained in these Terms, we grant you a conditional, revocable, non-transferable, non-sublicensable, non-exclusive, and limited license to use our platform for your lawful and personal use only. You acknowledge and agree that this license may be revoked and terminated at any time and for any reason (including, without limitation, if you violate these Terms or any applicable law). Any use of Kinx beyond what is expressly permitted by these Terms is strictly prohibited. All rights not expressly granted herein are reserved by Kinx. We do not warrant that Kinx is compatible with all devices and operating systems. It is your sole responsibility to determine whether Kinx is compatible with your device. From time to time, we may make updates to Kinx and will make such updates available through the platform.
- Accounts
- Fans: To register and create an account on Kinx as a Fan, you must provide a valid email address, username, and password, or authenticate using a valid social media account. If you wish to purchase content on Kinx, you will need to add a valid payment method. Kinx does not store any payment information.
- Creators: To register and create an account on Kinx as a Creator, you must complete the Creator registration process and be approved by Kinx Corporation in its sole and absolute discretion. If you wish to sell content on Kinx, you will also need to add a verified bank account (checking or savings) or another approved payment method and submit additional legal information, such as a W-9 if you are a resident of the United States (the exact information required will depend on your country). Your earnings will be paid into your designated payment method via one of our payout processors or via direct bank wire. Kinx does not store any bank account information, except for those seeking payment via direct bank wire, which is stored by our third-party payout processors.
If you register as a Creator, you agree that we, or our contractors, are authorized to collect, store, and/or maintain certain biometric information, including a retina or iris scan, fingerprint, voiceprint, or scan of your hand or face geometry, from any content or verification documents you provide. - User Certifications: By registering on Kinx, you represent and warrant that:
- All account registration, profile information, and content you provide is your own and is complete, truthful, and accurate.
- You are fully responsible for any and all activities that occur on your account, and you will log out of your account at the end of each session.
- You will use caution when accessing your account from a public or shared computer to prevent unauthorized access, viewing, or recording of your password or other personal information.
- You are responsible for keeping your login details confidential and secure, and you will immediately notify us through the Support Portal if you believe someone has accessed your account without permission or if your account has been subject to any other breach of security.
- If you previously had an account with Kinx, your previous account was not suspended or terminated by Kinx for violation of these Terms.
- You will not use any unauthorized third-party payment processors to accept payments for subscriptions or any other service via Kinx.
- You register on Kinx for your own personal use and will not sell, rent, or transfer your account to any third party.
- If you are using Kinx on behalf of a business or other entity, you warrant that you are authorized to grant all the licenses stipulated in these Terms and that you are authorized to bind the business or other entity to these Terms.
- Your Content: We may permit you to submit materials for publication on Kinx. You represent and warrant that you own, have a valid license to, or otherwise control all rights in your User Content. You retain all ownership rights in your User Content. However, by submitting content to Kinx, you grant us a worldwide, perpetual, nonexclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content for Kinx Corporation’s business (and the business of our successors), for the purpose of operating Kinx and fulfilling the intent of these Terms. You also grant each of our Users a worldwide, nonexclusive, royalty-free license to access such content with the facilitation of Kinx, subject to any limitations related to any purchases of or subscriptions to such content, and to use, reproduce, display, and perform your content, but only to the extent necessary to comply with these Terms.
Except for personally identifiable information covered under our Privacy Policy, User Content is not considered confidential and may be displayed on Kinx in accordance with these Terms. We have no obligation regarding your User Content. However, we agree that any use or publication of your content will be consistent with these Terms. You warrant that you maintain written releases from any person depicted in your User Content, confirming that such person consented to the recording and publication of such content on Kinx, and that your User Content does not violate any rights of any third parties. You will provide copies of any necessary releases, licenses, or ownership documents upon request. - Co-Authored Content: If you are a Creator, you understand and agree that you may share content that depicts other third parties (“Co-Authored Content”), provided:
- You tag each depicted Creator in the Content or otherwise identify the third party and provide Kinx with requested documentation confirming age, identity, and consent to publication of the User Content on Kinx.
- You have obtained and will maintain government-issued identification documentation confirming that each Creator depicted in your content is at least eighteen (18) years of age.
- You have obtained and will maintain written documentation confirming that each Creator depicted in your User Content has consented to (i) being depicted in such content, and (ii) the content being publicly distributed on Kinx.
- You will provide this written documentation of consent to us promptly upon request.
- You will not use, attempt to access, or ask for the information or login credentials for any other User’s account.
- You are principally responsible for your account and agree to safeguard your login credentials from unauthorized use. You agree that Kinx is not responsible for any misuse of your account if you share your credentials with a third party, such as a manager or agency, and you release Kinx from any liability arising from such third-party access.
You further understand and agree that Kinx may refrain from publicly distributing any Co-Authored Content until all depicted Creators or third parties have confirmed their identity and consent to being depicted and distributed. You are solely responsible for segregating, dividing, and distributing any revenue generated from any Co-Authored Content. Any such revenue-sharing arrangement shall be governed solely by an independent, private agreement between you and other third parties. Kinx is not responsible for enforcing any such agreements, and you agree to release Kinx from any claims arising from Co-Authored Content.
- Deactivation: If you wish to deactivate your Kinx account, you may select this option in your account settings or reach out via our Support Portal.
- Purchases and Payments
- Purchasing Subscriptions: Fans with a valid payment method linked to their account can subscribe to a Creator’s content by selecting the “Subscribe” button on the Creator’s profile. By purchasing a subscription, you authorize Kinx Corporation (“the Company”) to charge the payment method on file at the start of each billing cycle for the relevant subscription, in a recurring manner, until you cancel the subscription.
- Wallets: The platform may offer the option to pre-load funds into a digital wallet. These wallet funds can be used to purchase subscriptions, pay-per-view content, tips, and other items. You cannot split payments between wallet funds and traditional payment methods. If the wallet balance is insufficient for a purchase, the full cost will be charged to your default payment method. Generally, wallet funds are non-refundable, though the Company reserves the right to address refund requests at its sole discretion.
- Trials: Creators may offer trials to non-subscribed Fans. If you purchase a trial, you will receive access to the Creator’s content at a discounted rate during the trial period. Upon the trial’s expiration, your payment method will be charged for a full subscription at the beginning of each new billing cycle unless canceled before the trial ends.
- Canceling Subscriptions: Fans who have purchased a subscription may cancel any subscription at any time by clicking the “Cancel” button located on the Subscriptions link under Profile. If you cancel a subscription, you understand and agree that you will not receive a refund, and you will continue to access the Creator’s content until the end of the current billing period, after which you will lose access and not be re-billed.
- Blocking or being blocked by another user immediately revokes access to that user’s content without a refund. The Company may, at its discretion, decide whether a refund or credit is appropriate in such cases.
- Subscriptions Cancelled by the Company: If your payment method becomes invalid (e.g., due to an expired card) and the Company is unable to process payments, your access to paid services may be revoked until the payment method is updated. If not resolved within a reasonable period, the subscription may be canceled.
- A la Carte Purchases and Tips: Fans can purchase Creator content a la carte or tip Creators by selecting the relevant option (e.g., “Purchase” or “Tip”) and will automatically be charged using the payment method on file.
- Payment Processing: Transactions on the platform rely on third-party payment processors. The Company is not responsible for delays in fund disbursements due to issues with these processors. The Company will attempt to mitigate issues but disclaims any liability for problems caused by third-party providers.
- Some purchases may be processed by UAB Alternative Payments in Lithuania as an EU partner/subsidiary.
- Refunds: In general, purchases and associated fees are final and non-refundable. However, the Company retains the right to assess refund requests and issue refunds at its discretion.
- Virtual Currency: The platform may support virtual currency transactions, including Bitcoin, for purchases or payouts. Virtual currency payments are irreversible, and refunds, if allowed, will be at the Company’s discretion and could be processed as either virtual currency or cash. The Company assumes no responsibility for losses caused by currency fluctuations. Additional fees may apply to virtual currency transactions.
- Taxes Related to Purchases: If applicable, the Company will collect taxes for your purchases. You are responsible for any other applicable taxes (e.g., duties, VAT, customs) as required by law.
- Taxes for Australian Sales: A Goods and Services Tax (GST) applies to all sales made to Australian consumers. The Company is responsible for collecting, reporting, and remitting GST at the current rate of 10%, which is 1/11th of the gross sale.
- Billing Errors: If you believe there has been an error in billing, you must notify the Company within 30 days of receiving the billing statement. Failure to notify within this period waives your right to dispute the charges. You must submit any billing disputes through our Support Portal and include a detailed statement describing the nature and amount of the disputed charges. The Company will correct any mistakes in a bill and add or credit them against your future payments.
- Chargebacks: Any chargeback resulting from a purchase may result in immediate suspension or termination of your account.
- Selling Content: Creators earn 85% of revenue from subscriptions, sales, or tips. Any chargebacks, or revenue associated with content violating the Terms of Service, may be deducted from the Creator’s earnings.
- Referral Program: The Company may offer a referral program that allows users to earn income by referring new Creators using a unique referral URL. Referral terms will be outlined on the platform. Advertising or impersonating the Company to generate referrals is prohibited.
- Inactive Status: Accounts inactive for 12 consecutive months will be subject to a $5 monthly fee deducted from the account balance. Logging in will stop these deductions, but no refunds will be issued for past fees.
- Pre-Screening of User-Uploaded Content
All content uploaded by users on Kinx is subject to a mandatory pre-screening process before it is published. This process is in place to ensure that the content complies with our standards and does not violate any applicable laws. During the review process, we will assess the content for the following:- Compliance with legal requirements, including but not limited to prohibitions on illegal or prohibited content.
- Adherence to our content guidelines, which include restrictions on explicit content, copyright violations, and other potential infractions.
- Any other criteria necessary to maintain the integrity and safety of our platform.
Please note that content which fails to meet these standards will not be approved for publication, and users may be notified with instructions on how to revise and resubmit their content. We reserve the right to refuse, remove, or modify content at our discretion if it violates our policies.
- Acceptable Use
- Prohibited Uses: You agree to use Kinx solely for the purposes expressly permitted by these Terms. You may not use Kinx for any other purposes without our express prior written consent. Without this consent, you will not:
- Violations of Law: Use Kinx in violation of any applicable laws, regulations, or treaties, including but not limited to:
- Laws prohibiting sex trafficking, prostitution, or the promotion of such activities.
- Intellectual property laws, including making, obtaining, distributing, or accessing illegal copies of content protected by patents, trademarks, copyrights, or trade secrets.
- Obscenity, defamation, libel, or privacy protection laws.
- Laws that protect confidentiality, publicity, or data privacy rights.
- Content Downloading: Download any content unless a “download” button is explicitly displayed for that content.
- Ad Blocking: Use ad-blocking software while accessing Kinx.
- Legal Compliance: Fail to comply with any court orders, judgments, or mandates.
- Sex Offender Restrictions: Access Kinx if you are a registered sex offender.
- Offensive Content: Post, upload, or share harmful, threatening, abusive, indecent, harassing, scandalous, or otherwise objectionable content that violates community standards or causes alarm, embarrassment, or distress.
- Reasonable Man Standard: Share content that is offensive by the objective standards of the reasonable person within the Kinx community. Content that may be legal but offensive to some does not violate these terms unless it causes harm, distress, or violates local laws.
- Hate Speech: Post content that vilifies, humiliates, or incites hatred based on race, ethnicity, national origin, religion, gender, sexual orientation, disability, or any protected class. Hate speech includes stereotypes, calls for segregation, or deliberate misinformation harmful to any protected class.
- Sexual Misconduct or Violent Content: Share content involving minors, bestiality, non-consensual acts, incest, extreme violence, or explicit depictions of illegal activities such as sexual assault, rape, torture, or trafficking.
- Prohibited Items or Activities: Advertise or solicit the sale or purchase of prohibited items such as drugs or illegal substances.
- Underage Content: Share content depicting individuals under 18, or fail to maintain proof of age for all individuals depicted in any shared content, including written consent for the use of their likeness.
- Extortion: Post content with the intent to extort money or other benefits in exchange for its removal.
- Personal Information: Share personal information, including phone numbers, street addresses, or email addresses, of any user or third party without their consent.
- Impersonation and Fraud: Impersonate any person or entity, falsely claim affiliations, or fraudulently access another user’s account.
- Non-consensual Sharing: Send unsolicited sexual content or engage in non-consensual objectification.
- Manipulation and Disruption: Engage in disruptive behavior such as spamming, trolling, or platform manipulation using bots to artificially increase traffic or engagement.
- Security Violations: Circumvent security features, reverse engineer any part of the platform, or distribute malicious software designed to interrupt or harm Kinx’s services or users.
- Unauthorized Commercial Use: Exploit Kinx for unauthorized commercial purposes, including framing or mirroring the platform.
- Excessive Load: Impose unreasonable demands on Kinx’s technology infrastructure.
- Attempting Violations: Assist or attempt to commit any of the above-prohibited actions.
- Violations of Law: Use Kinx in violation of any applicable laws, regulations, or treaties, including but not limited to:
- Violations of Prohibited Uses: Engaging in any of these prohibited uses will be considered a breach of these Terms and may result in the immediate suspension or termination of your account without notice. Kinx reserves the right to forfeit payments earned from violating accounts and refund affected users. We may pursue legal remedies, including civil, criminal, or injunctive relief.
- Additional Prohibited Uses for Creators: Creators must always act in the best interests of Kinx, both online and offline. Violating these additional prohibited uses or any other provisions of these Terms may result in account termination and permanent banning without payment. Creators may not:
- Deceiving Users: Mislead users about the nature of paid content.
- Fraud: Defraud Kinx or its users, including using stolen payment methods.
- False Representation: Misrepresent recorded content as live streaming.
- Breach of Contract: Fail to honor any representation made to fans in exchange for payment.
- Public Display of Nudity: Broadcast nudity or sexual activity from public places.
- Privacy Violations: Disclose the personal information of users or third parties without consent.
- Soliciting Sexual Activity: Solicit or accept payments for in-person meetings for sexual purposes.
- Defamation or Harassment: Harass or disparage the Kinx platform or its users.
- Reporting Violative Content and Activities: If you are aware of any content on Kinx or any User engaging in activities that violate these Terms, please visit our Support Portal and submit a report with as much detail as possible. Be sure to include a link or the location where we may find the content, the username of the individual engaging in suspicious activities, the date and time of identification, the reason we should remove the objectionable content or investigate the activities, and a statement certifying the accuracy of the information you provided to us. If you are a Creator, you must report all violative content and suspicious activity through the Support Portal. We may consider you complicit in any violative activity if you were knowledgeable of suspicious activity but failed to report it.
- Law Enforcement: Kinx will cooperate with law enforcement authorities or court orders that request user identification or location, per our privacy policies and applicable laws. You agree to reimburse Kinx for any expenses incurred due to legal compliance actions related to your activities on the platform.
- Prohibited Uses: You agree to use Kinx solely for the purposes expressly permitted by these Terms. You may not use Kinx for any other purposes without our express prior written consent. Without this consent, you will not:
- Third-Party Websites
- Links to Kinx: You may link to our homepage on your third-party social media accounts, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. However, you must not establish a link in such a way as to suggest any form of association, approval, or endorsement by us without our express written consent.
- Links to Third-Party Websites: Kinx may contain links to third-party websites and resources, including advertisements and sponsored links. These links are provided for your convenience only. We have no control over the contents of third-party websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked on Kinx, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
- Intellectual Property Rights
- Copyrights: Except for User Content, Kinx and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, as well as the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on Kinx, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
Other than User Content, no right, title, or interest in or to Kinx or any content on Kinx is transferred to you, and all rights not expressly granted are reserved by us. Any use of Kinx not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of Kinx in violation of these Terms, your right to use or access Kinx will terminate immediately, and you must, at our discretion, return or destroy any copies of the materials you have made.
To comply with the U.S. Digital Millennium Copyright Act (DMCA, Title 17, United States Code), we will respond to proper notifications of claimed copyright infringement and take appropriate action, including removing or disabling access to the allegedly infringing User Content and, if deemed necessary, terminating the associated User account. For complete information on how we handle copyright claims, please refer to our DMCA Policy.
- Trademarks: The Kinx name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Kinx Corporation or our affiliates or licensors. You must not use such marks without prior written permission from us. All other names, logos, product and service names, designs, and slogans on Kinx are the trademarks of their respective owners.
- Copyrights: Except for User Content, Kinx and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, as well as the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on Kinx, except as follows:
- Disclaimer of Warranties
By using Kinx, you acknowledge and agree to the following:- Kinx and all of Kinx Corporation’s services and features are provided without warranties of any kind, express or implied. To the fullest extent permitted by law, we disclaim any and all warranties, express or implied, with respect to Kinx and all of our services and features, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
- We do not warrant or guarantee the accuracy, usefulness, completeness, or reliability of Kinx, nor the results of your use of Kinx. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to Kinx, or by anyone who may be informed of any of its contents.
- Your use of Kinx and our services and features is entirely at your own risk. We do not warrant or guarantee that Kinx and/or our services and features will be available at any particular time or location, or that they will be secure, uninterrupted, or free of errors, viruses, or other harmful components. We do not warrant or guarantee that defects or errors will be corrected. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining an external means for reconstructing any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service (DDoS) attack, viruses, or other harmful material that may affect your computer equipment, software, data, or other proprietary material due to your use of Kinx or any services or items obtained from us.
The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
- Limitation of Liabilities
Kinx Corporation, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable to you for any of the following:- Errors, mistakes, or inaccuracies of content.
- Personal injury or property damage resulting from your access to and use of Kinx.
- User Content or any conduct by Users that violates these Terms.
- Products sold by other Users, whether or not such sales are expressly prohibited by these Terms.
- Unauthorized access to or use of Kinx Corporation’s servers and any personal or financial information stored in them, including unauthorized access to or changes to your account, submissions, transmissions, or data.
- Interruption or cessation of transmission to or from Kinx.
- Bugs, viruses, Trojan horses, malware, ransomware, or other disabling code that may be transmitted to or through Kinx by any person or that might infect your computer or affect your access to or use of Kinx or your hardware or software.
- Incompatibility between Kinx and your other services, hardware, or software.
- Delays or failures you might experience in starting, conducting, or completing any transmissions to or transactions with Kinx.
- Loss or damage incurred because of the use of any content posted, emailed, sent, or otherwise made available through Kinx.
- Releases
You hereby release Kinx Corporation, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors from all liability arising out of User submissions or the conduct of other Users or third parties, including disputes between you and one or more other Users or third parties. - Exclusion of Damages
- Unless caused by gross negligence or intentional misconduct, Kinx Corporation, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable to you for any direct, indirect, special (including consequential damages), statutory, punitive, or exemplary damages arising out of or relating to your access or your inability to access Kinx or its content. This exclusion applies regardless of the theory of liability and even if you informed Kinx Corporation about the possibility of these damages or Kinx Corporation knew or should have known about the possibility of these damages.
- Kinx Corporation, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will also not be liable to you for any damages related to: (1) personal injury, (2) pain and suffering, (3) emotional distress, (4) loss of revenue, (5) loss of profits, (6) loss of business or anticipated savings, (7) loss of use, (8) loss of goodwill, (9) loss of data, (10) loss of privacy, or (11) computer failure related to your access or inability to access Kinx or its content. This exclusion applies regardless of the theory of liability, and even if you informed Kinx Corporation about the possibility of these damages, or Kinx Corporation knew or should have known about the possibility of these damages.
- If you are dissatisfied with Kinx or have any other complaint, your exclusive remedy is to stop using Kinx or file a complaint according to the procedures below. The maximum liability of Kinx Corporation, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors to you for any claim will not exceed the greater of one hundred U.S. dollars ($100 USD) or the amount you have paid to Kinx Corporation for the applicable purchase out of which liability arose, even if the remedy fails in its essential purpose.
- Complaints
Kinx is committed to promptly resolving, in good faith, all complaints and appeals.- All media can be reported by any user directly on the site. You may also submit a report through the Support Portal, including your name, email address or username, applicable URLs (if any), a description of the issue (e.g., underage material, non-consensual content, personal information, impersonation, trademark infringement, spam, prostitution or trafficking, weapons, drugs, etc.), and any additional details (such as whether you are depicted in the content, whether you agreed to the recording of the content, and whether you agreed to the publication of the content on Kinx).
- We aim to operate this system efficiently and fairly, striving to resolve all reports within seven (7) business days and providing clear guidelines to prevent issues from recurring. If a violation is found, we will determine the appropriate remedy and take necessary action. Any content deemed illegal will be removed immediately. We will not take action against users for activity that occurs on other platforms or offline. If needed, we may suggest that you block the reported user to prevent further interactions.
- Appeals from content takedowns can be submitted through the Support Portal with a written description of the basis for the appeal. If disputes over consent cannot be resolved internally, such disputes may be submitted to a neutral arbitration association at our expense. Once action is taken or if more information is required from you, we will contact you by email or another electronic message.
- We reserve the right to take advanced actions against users who (1) repeatedly violate our rules or (2) commit a single egregious violation of our rules. These actions may include, but are not limited to, account deletion and permanent banning from using Kinx.
- Copyright infringement disputes will be handled according to our DMCA Policy, which follows the procedures outlined by the Digital Millennium Copyright Act. Please send DMCA notices to our Designated DMCA Agent through the Support Portal.
- Scope of Disclaimers, Exclusions, and Limitations
The disclaimers, exclusions, and limitations stated herein apply to the fullest extent permitted by law. Kinx Corporation does not intend to deprive you of any mandatory protections provided by applicable law. As some jurisdictions may prohibit the disclaimer of certain warranties, the exclusion of specific types of damages, or other matters, one or more of the disclaimers, exclusions, or limitations set forth in these Terms may not apply to you. - Indemnification
- Indemnification Provision: You agree to indemnify, defend, and hold harmless Kinx Corporation, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, directors, and contractors (collectively, the “Indemnified Parties”) from and against any and all losses, liabilities, claims, damages, costs, and expenses (including reasonable attorneys’ fees) that arise from any of the following: your access to Kinx; your conduct on Kinx, including any content you submit; your breach of these Terms; your actual or alleged violation of any person’s rights, including intellectual property and privacy rights; your actual or alleged violation of any law; your actual or alleged negligent, fraudulent, or intentional conduct; or your actual or alleged criminal conduct. However, you are not required to indemnify the Indemnified Parties if the loss was caused by their intentional misconduct.
- Definitions Related to Indemnification: “Loss” refers to any amount the Indemnified Parties are legally responsible for or required to pay in any form. This includes, but is not limited to, judgments, settlements, fines, damages, injunctive relief, employee compensation, a decrease in property value, and defense costs (including legal fees, expert witness fees, and other advisory fees). Losses can be tangible or intangible and can arise from bodily injury, property damage, or other causes. They may be based on tort, breach of contract, or any other recovery theory and include incidental, direct, and consequential damages. A loss is “caused by” an event if it would not have occurred without the event, even if the event was not the proximate cause of the loss.
- Indemnified Parties’ Duty to Notify You: If the Indemnified Party has your contact information, they will notify you within 30 days after becoming aware of a claim for a loss that you may be required to pay. However, failure to provide timely notice does not relieve you of your obligation, except if such failure prejudices your ability to defend or mitigate losses.
- Legal Defense of a Claim: The Indemnified Party controls the defense of any claim for a loss (including settlement), unless they direct you to assume control. If you are directed to control the defense, you may not settle any litigation without the Indemnified Party’s written consent if the settlement (1) imposes a penalty or limitation on the Indemnified Party, (2) admits fault on the part of the Indemnified Party, or (3) does not fully release the Indemnified Party from liability. Both you and the Indemnified Party will cooperate in good faith on any claim.
- No Exclusivity: The rights of the Indemnified Parties under this section are in addition to, and do not affect, any other rights they may have.
- Disputes
- Governing Law: The laws of the Commonwealth of Pennsylvania—without giving effect to any conflicts of law principles—govern all matters arising out of your use of Kinx or relating in any way to these Terms. The predominant purpose of these Terms is providing services and licensing access to intellectual property, not a “sale of goods.” These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Except for disputes subject to arbitration, all disputes arising out of or relating to Kinx or these Terms will be subject to the exclusive jurisdiction and venue of the state or federal courts located in Schuylkill County, Pennsylvania. Each party hereby submits to the personal jurisdiction of the Pennsylvania courts located in Schuylkill County to resolve all disputes not subject to arbitration. Each party waives any right to seek another forum or venue due to improper or inconvenient forum. For purposes of this section, Kinx will be deemed solely based in Pennsylvania and a passive website that does not give rise to personal jurisdiction over Kinx Corporation in any other jurisdiction.
- Dispute Resolution: Each party will allow the other a reasonable opportunity to comply before claiming the other has not met the duties under these Terms. The parties will first negotiate in good faith to resolve disputes arising out of or relating to Kinx or these Terms.
- Litigation Election: Either party may elect to litigate the following types of cases or controversies: (a) an action seeking injunctive relief, or (b) a suit to compel compliance with this dispute resolution process.
- Mediation: If the parties cannot resolve a dispute through negotiation within thirty (30) days, either party may demand that the dispute be mediated by a certified mediator in Pennsylvania. If the parties cannot agree on a mediator within thirty (30) days, the parties may submit the dispute to arbitration or litigation as otherwise provided in these Terms. Mediation will take place in Schuylkill County, Pennsylvania, or another mutually agreed location. The language of the mediation will be English. Each party will bear its own costs, and the parties will share third-party mediation costs equally unless otherwise agreed in writing. Both parties will actively participate in the mediation and attend at least one joint meeting between the mediator and the parties. Either party may terminate mediation after the initial meeting between the mediator and the parties.
- Arbitration: If mediation does not resolve the dispute, the parties will settle the matter through arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. A single arbitrator will preside over the arbitration, which will occur in Schuylkill County, Pennsylvania, unless the parties agree otherwise. Each party will be responsible for their own filing, administrative, and arbitrator fees. The arbitrator may grant relief as available in court, except that punitive or exemplary damages, or damages otherwise limited in these Terms, are not allowed. The arbitrator’s decision will be binding and may be entered as a judgment in any competent court. The arbitration process and results will remain confidential unless otherwise required by law or both parties agree in writing.
- Right to Injunctive Relief: Nothing in this section prevents either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to Kinx.
- Recovery of Expenses: In any proceedings related to these Terms, the prevailing party is entitled to recover all expenses, including legal fees and costs, from the other party, in addition to any other awarded relief. “Prevailing party” refers to the party in whose favor a judgment is rendered, except in cases where claims are split across parties, in which case neither is considered the prevailing party. If the case is dismissed as part of a settlement, neither party is considered the prevailing party.
- Jury Trial Waiver: Both parties waive the right to a trial by jury for any disputes arising out of or related to Kinx or these Terms. Either party may enforce this waiver up to and including the first day of trial.
- Class Action Waiver: All claims must be brought individually, and not as part of a class action or representative proceeding. The arbitrator may not consolidate multiple parties’ claims unless both parties agree. Both parties acknowledge waiving the right to participate in a class action.
- Limitation on Time to Bring Claims: No party may bring a claim related to Kinx or these Terms more than one year after the cause of action arises. Any claim filed after this period is barred.
- Miscellaneous
- Entire Agreement: These Terms constitute the entire agreement between you and Kinx Corporation regarding your access to Kinx. It supersedes all previous or contemporaneous agreements related to your access to Kinx. A printed version of this agreement will be admissible in any proceedings arising from these Terms, to the same extent and under the same conditions as other business records originally generated and stored in printed form. Any additional terms on Kinx will govern the items they pertain to.
- Assignment and Delegation: Kinx Corporation may assign its rights or delegate any performance under these Terms without your consent. You may not assign your rights or delegate your performance under this agreement without the advanced written consent of Kinx Corporation. Any attempted assignment or delegation in violation of this section is void.
- No Waivers: The parties may waive any provision of these Terms only through a written agreement signed by the party against whom enforcement is sought. Failure or delay in exercising any right or remedy, or in requiring the satisfaction of any condition under these Terms, does not constitute a waiver. A waiver made in writing on one occasion is effective only in that instance and does not waive future instances.
- Severability: The parties intend the following:
- If any provision of these Terms is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, unless modification is not permitted by law, in which case it will be disregarded;
- If modifying or disregarding the unenforceable provision would result in the failure of an essential purpose of this agreement, these Terms will be deemed unenforceable;
- If an unenforceable provision is modified or disregarded, the rest of these Terms will remain in effect; and
- The unenforceable provision will remain enforceable in any situation other than where it was deemed unenforceable.
- Notice to Kinx Corporation: You may send notice to Kinx Corporation by submitting a ticket through our Support Portal unless a specific email address is provided for giving notice. Kinx Corporation will consider a notice received only when the Support Portal confirms receipt. Kinx Corporation may change its contact information by posting the change on the website. Please check the website for the most current information regarding notices.
- Notice to You: You consent to receive notices from Kinx Corporation electronically by email to your registered email address, through notifications on your account, or by posting notices on Kinx. Kinx Corporation will consider a notice sent to you by email received when it is shown to be sent to your registered email address. You confirm that the email address you provided is current and valid for receiving notices and that you have the capability to receive and print such emails.
- Force Majeure: Kinx Corporation is not liable for any failure to perform due to circumstances beyond its reasonable control, including but not limited to: natural disasters (fire, flood, earthquakes), war, riot, terrorism, strikes, failures of transportation or communications infrastructure, and hacking or other cyber incidents.
- No Third-Party Beneficiaries: These Terms do not confer any rights or remedies on any person other than the parties to this agreement.
- Relationship of the Parties: These Terms do not create a partnership, joint venture, agency, franchise, or employment relationship between the parties. Both parties expressly disclaim such relationships. Neither party has the authority to bind the other in any agreement with a third party.
- Successors and Assigns: These Terms bind and benefit the parties and their respective successors and assigns.
- Communication Preferences: By registering for an account, you consent to receiving electronic communications from Kinx Corporation regarding your account. These communications may include payment authorizations, changes to your account, and other transactional information, and are part of your relationship with Kinx. You also consent to receiving promotional emails, newsletters, and special offers from Kinx Corporation. If you wish to opt-out of marketing emails, please refer to our Privacy Policy for instructions.
- Electronic Communications Not Private: Kinx does not provide facilities for confidential electronic communications. You should consider all communications with Kinx to be open and accessible to the public.
- Electronic Signatures: Any affirmation, assent, or agreement you send through Kinx will be legally binding. Clicking “I agree,” “I consent,” or a similarly worded button is the legal equivalent of your handwritten signature.
- California Consumer Rights Information: If you are a California resident, you may contact Kinx Corporation at 306 Hetzels Church Road, Pine Grove, PA, 17963, or by email at support@anythingkinx.com for information about resolving disputes or obtaining additional details about Kinx.
- English Language: These Terms are drafted in English, and all services, notices, and communications will be conducted in English. No translation into another language will be used to interpret or construe this agreement.
- Contact: You may direct feedback, comments, or requests for support to support@anythingkinx.com or submit a ticket through our Support Portal.