Terms and Conditions
These Terms & Conditions ("Terms") cover your use of and access to the sites, web pages, data, templates, products, applications, tools and features (collectively, the "Services") provided by LOANKEA LLC (together with its officers, directors, employees, agents, subsidiaries and affiliates, "LOANKEA LLC").
Our Privacy Policy explains what personal information we collect and how it is used and shared.
Our Acceptable Use Policy outlines some of your responsibilities when using the Services.
By using or accessing the Services, you are agreeing to these Terms, our Privacy Policy and our Acceptable Use Policy (collectively, this "Agreement"). If You are using the Services for an organization, you are agreeing to this Agreement on behalf of that organization and represent and warrant that you can do so. If you do not agree to all the terms in this Agreement, you may not use or access the Services.
1. Creating an Account
Make sure your account information is accurate, and you keep your account safe. You are responsible for your account and any activity on it. Also, you need to be at least 13 years old to use LOANKEA LLC
1.1 Signing Up. To use the Services, you must first create an account ("Account"). You agree to provide us with accurate, complete and updated information for your Account. We may need to use this information to contact you.
1.2. Staying Safe. Please safeguard your Account and make sure others Do not have access to your Account or password. You must immediately notify us of any actual or suspected loss, theft or unauthorized use of your Account or password. You are solely responsible for any activity on your Account. We are not liable for any acts or omissions by you in connection with your Account.
1.3. Thirteen and Older. The Services are not intended for and may not be used by children under the age of 13. By using the Services, you represent that You are at least 13. Also, if You are under the age of 18, you must have your parent or guardian's consent to this Agreement, and they may need to enter into this Agreement on your behalf (depending on where you live).
2. Your Content
2.1 Your User Content Stays Yours. Users of the Services may provide us with content, including without limitation text, photos, images, audio, video, code and any other materials ("User Content"). Your User Content stays yours. These Terms Do not give us any rights to User Content, except for the limited rights that enable us to provide, improve, promote and protect the Services as described herein.
2.2. Your License To Us. When you provide User Content via the Services, you grant LOANKEA LLC a non-exclusive, worldwide, perpetual, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with the Services), communicate, publish, publicly display, publicly perform and distribute User Content for the limited purposes of allowing us to provide, improve, promote and protect the Services.
2.3. Featuring Your Site. We may use in perpetuity, worldwide and free of charge, any version of Your Sites (as defined below), or any portion thereof, for the limited purpose of LOANKEA LLC marketing and promotional activities. For example, we may feature Your Sites on our Templates page, or on our social media accounts. This can result in improved traffic to Your Sites. You waive any claims against us relating to any moral rights, artists' rights or any other similar rights worldwide that you may have in or to Your Sites, and any right of inspection or approval of any such use of Your Sites. If you Do not want Your Sites featured, you can opt out at any time via the Services or by contacting us.
3. Your Responsibilities
3.1. Only Use Content You are Allowed to Use. You represent that you own all rights to your User Content or otherwise have (and will continue to have) all rights and permissions to legally use, share, display, transfer and license your User Content via the Services. If we use your User Content in the ways contemplated in this Agreement, you represent that such use will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights or any other intellectual property or proprietary rights. Content on the Services may be protected by others' intellectual property or other rights, so please Do not copy, upload, download or share content unless you have the right to do so.
3.2. Follow Our Rules. You are responsible for your conduct and User Content, and you must comply with our Acceptable Use Policy. We may review your conduct and User Content for compliance with these Terms and our Acceptable Use Policy. With that said, we have no obligation to do so. We are not responsible for User Content.
3.3. Follow the Law. You represent that your use of the Services is not contrary to law, including without limitation applicable US export controls, regulations and sanctions.
3.4. Share Responsibly. The Services let you share User Content with others, including without limitation on social media and the open web, so please think carefully about what you share. We are not responsible for what you share via the Services.
3.5. Your Sites and Your End Users Are Your Responsibility. You may use the Services to create or publish sites, online stores and other products or services ("Your Sites"), and Your Sites may have their own visitors and users ("End Users"). You understand and agree that Your Sites and your End Users are your responsibility, and You are solely responsible for compliance with any laws or regulations related to Your Sites and your End Users, including without limitation the posting of your own privacy policy. We're not liable for, and won't provide you with any legal advice regarding, Your Sites or your End Users.
4. Third Party Services and Sites, User Content
4.1. Third Party Services. The Services are integrated with various third party services, applications and sites (collectively, "Third Party Services") that may make available to you their content and products, such as domain and email services, or marketplaces to connect customers and vendors. These Third-Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. We Do not control Third Party Services, and we are not liable for Third Party Services or for any transaction you may enter into with them. Your security when using Third Party Services is your responsibility. You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third-Party Services. We're not liable to you for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses you may experience as a result thereof (except where prohibited by law).
4.2. Third Party Sites. The Services may contain links to third party sites. When you access third party sites, you do so at your own risk. We Do not control and aren't liable for those sites.
4.3. User Content. We haven't reviewed and can't review all of the User Content made available via the Services. The Services may contain User Content: (a) that is offensive or objectionable; (b) that contains errors; (c) that violates intellectual property, privacy, publicity or other rights of third parties; (d) that is harmful to your computer or network; or (e) the downloading, copying or use of which is subject to additional terms and policies. By operating the Services, we Do not represent or imply that we endorse User Content provided therein, or that we believe such User Content to be accurate, useful or non-harmful. We're not a publisher of, and we're not liable for, any User Content uploaded, posted, published or otherwise made available via the Services. You are responsible for taking precautions to protect yourself, and your computer or network, from User Content accessed via the Services.
5. Our Intellectual Property
5.1. LOANKEA LLC Owns The Services are protected by copyright, trademark and other US and foreign laws. These Terms Do not grant you any right, title or interest in the Services, our trademarks, logos or other brand features or intellectual property, or others' content in the Services. You agree not to change, translate or otherwise create derivative works of the Services.
5.2. We Can Use Your Feedback for Free. We welcome your feedback, ideas or suggestions ("Feedback"), but you agree that we may use your Feedback without any restriction or obligation to you, even after this Agreement is terminated.
5.3. Our Demo Content Is for Private Use Only. We may provide templates or other products featuring demo content including without limitation text, photos, images, graphics, audio, video and other materials ("Demo Content"), to provide you with ideas or inspiration. However, Demo Content is for private use only (unless we tell you otherwise). You agree that you will not distribute, publicly display, publicly perform or otherwise publish any Demo Content (or any portion thereof).
5.4. Our Betas Are Still in Beta. We may release products and features that we are still testing and evaluating. Those Services have been marked as beta, preview or early access (or a similar phrasing) and may not be as reliable as our other services, so please keep that in mind.
5.5. We Use Open Source Software. Open source software is important to us. Some of the software used in the Services may be offered under an open source license that we may make available to you. There may be provisions in the open source license that override some of these Terms.
6. Our Rights
6.1. Important Things We Can Do. We reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by law): (a) we may change the Services and their functionality; (b) we may restrict access to or use of parts or all of the Services; (c) we may suspend or discontinue parts or all of the Services; (d) we may terminate, suspend or restrict your access to or use of parts or all of the Services; (e) we may terminate, suspend or restrict access to your Account or Your Sites; and (f) we may change our eligibility criteria to use the Services (and if such eligibility criteria changes are prohibited by law where you live, we may revoke your right to use the Services in that jurisdiction).
6.2. How We Handle Ownership Disputes. Sometimes, ownership of an Account or site is disputed between one or more parties, such as a business and its employee, or a web designer and their client. We try not to get involved in these disputes. However, we reserve the right, at any time and in our sole discretion, and without notice to you, to determine rightful Account or site ownership and to transfer an Account or site to the rightful owner. If we can't reasonably determine the rightful owner, we reserve the right to suspend an Account or site until the disputing parties reach a resolution. We also may request documentation, such as a government-issued photo ID, a credit card invoice or a business license, to help determine the rightful owner.
6.3. HTTPS Encryption. We may offer HTTPS encryption for Your Sites. By registering a custom domain via the Services, or pointing a custom domain to the Services, you authorize us to create and maintain a certificate for the limited purpose of providing HTTPS for Your Sites.
7. Privacy
Our Privacy Policy explains how we collect, use and share your and your End Users' information. By using the Services, you agree to our collection, use and sharing of information as set forth in the Privacy Policy.
8. Copyright
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported via the process described in our Copyright Policy, which is incorporated by reference into this Agreement. We reserve the right to delete or disable content alleged to be infringing, and to terminate Accounts of repeat infringers without any refunds.
9. Paid Services And Fees
9.1. Fees. You can access certain portions of the Services by submitting a fee payment (such additional services, "Paid Services"). For example, to publish Your Sites publicly, you will need to pay a subscription fee. Paid Services will remain in effect until cancelled or terminated in accordance with this Agreement. We will tell you about fees for Paid Services before charging you. You may cancel Paid Services at any time by contacting us. If you Do not pay for Paid Services on time, we reserve the right to suspend or cancel your access to the Paid Services. Transaction fees and additional fees may also apply to certain portions of the Services, and we will tell you about those fees before charging you. Our fees will appear on an invoice that we provide via the Services, unless otherwise indicated.
9.2. Taxes. All fees are exclusive of applicable federal, state, local or other taxes ("Taxes"). You are responsible for all applicable Taxes, and we will charge Taxes in addition to the fees for the Services when required to do so. If You are exempt from Taxes, you must provide us with a valid tax exemption certificate (we reserve the right to determine whether a certificate is valid). Tax exemption will only apply from and after the date we receive such certificate.
9.3. Automatic Subscription Renewals. To ensure uninterrupted service, we'll automatically bill you for certain Paid Services from the date you submit your initial payment and on each renewal period thereafter until cancellation. Your renewal period will be equal in time to the renewal period of your current subscription. For example, if You are on a monthly subscription plan, each billable renewal period will be for one month. We will automatically charge you the applicable amount using the payment method you have on file with us. We'll let you know in advance if You are purchasing a Paid Service that includes auto-renewal payments. You can disable auto-renewal at any time by contacting us.
9.4. Refunds. While you may cancel any Paid Services at any time, you will not be issued a refund except in our sole discretion, or if legally required.
9.5. Fee Changes. We may change our fees at any time. When applicable, we will give you advance notice of these fee changes via the Services. New fees will not apply retroactively. If you Do not agree with the fee changes, you have the right to reject the change by cancelling the applicable Paid Service before your next payment date.
9.6. Chargebacks. If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us ("Chargeback"), we may automatically terminate your Account. If you have questions about a payment made to us, we encourage you to contact us before filing a Chargeback. We reserve our right to dispute any Chargeback.
9.7. Our Payment Processor. We use a third-party payment processor (the "Payment Processor") to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to this Agreement. Our current Payment Processor is PayPal, and your payments are processed by PayPal in accordance with PayPal's Terms of Service and Privacy Policy. We Do not control and are not liable for the security or performance of the Payment Processor. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide with your Account. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.
9.8. Fees for Third-Party Services. Third Party Services purchased via the Services may be subject to different refund policies that those Third-Party Services determine, and they may be non-refundable. The purchase terms and conditions for such Third-Party Services will be displayed during the purchase process, such as through a link to the purchase terms and conditions. It is your responsibility to verify your ability to purchase, cancel or obtain a refund for a Third-Party Service. We Do not offer refunds for purchases of Third-Party Services.
10. Your eCommerce On LOANKEA LLC
10.1. eCommerce Responsibilities. The Services include features that enable you to provide or sell products and services to, or otherwise collect payments from, your End Users (such activities, "Your eCommerce"). We're not a party to, and we aren't liable for, Your eCommerce. You are solely responsible for Your eCommerce, and compliance with any laws or regulations related thereto, including without limitation the following:
10.1.1. Taxes. You are solely responsible for: (a) all Taxes and fees associated with Your eCommerce, including without limitation any Taxes related to the purchase or sale of products or services in connection therewith; (b) collecting, reporting and remitting required Taxes to relevant government authorities; and (c) informing your End Users of required Taxes, and providing them with invoices as required by law. You also agree that any tax estimates, reporting or related materials that we may provide via the Services are for illustration purposes only, and you may not rely on them to comply with your tax obligations.
10.1.2. Fulfillment and Delivery. You are solely responsible for fulfilling and delivering your products and services to your End Users.
10.1.3. Claims and Warranties. You are solely responsible for any claims or warranties you make in connection with Your eCommerce.
10.1.4. Customer Service. You are solely responsible for handling any comments or complaints related to Your eCommerce, including without limitation any issues related to payments, promotions, refunds or chargebacks. You agree to provide accurate and complete contact information on Your Sites so that your End Users can submit comments or complaints to you.
10.1.5. Site Terms, Policies and Legal Compliance. You agree to post and make clearly available on Your Sites a privacy policy, and any other terms or policies that may be required by law, and you warrant that Your Sites and Your eCommerce will comply with all applicable laws and regulations. You agree that we will not provide any legal advice regarding such terms, policies or compliance. Be sure to read our Privacy Policy to learn more about disclosures to your End Users regarding your use of the Services.
10.2. eCommerce Restrictions. You may not offer or sell any products or services which, in our sole discretion: (a) may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; (b) are prohibited for sale, distribution or use; or (c) otherwise fail to comply with any applicable laws or regulations, including without limitation with respect to intellectual property, privacy or publicity rights, consumer protection, product safety or trade regulations, or export controls, regulations or sanctions.
10.3. eCommerce Suspensions. While we'd prefer not to, we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove your Account, Your Sites or Your eCommerce, without any liability to you or to any End Users, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses (except where prohibited by law). For example, we may suspend Your eCommerce if You are violating this Agreement.
10.4. eCommerce Payment Processor. To accept payments from your End Users in connection with Your eCommerce, you may integrate Your Sites with third party payment processors ("eCommerce Payment Processors"). Your relationship with such eCommerce Payment Processors is governed by those eCommerce Payment Processors' terms and policies. We Do not control and aren't liable for any eCommerce Payment Processors, or for any transaction you may enter into with or through any eCommerce Payment Processors. eCommerce Payment Processors are Third Party Services, as defined in Section 4.1. While we will try to provide advance notice, you agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to, or remove from the Services, any eCommerce Payment Processors, without any liability to you or to any End Users, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses (except where prohibited by law). Your eCommerce Payment Processors may provide invoices for any transaction fees associated with your eCommerce transactions.
11. Term and Termination
This Agreement will remain in effect until terminated by either you or us. To terminate this Agreement, you may contact us or simply stop using the Services at any time. We reserve the right to suspend or terminate the Services at any time at our sole discretion and without notice. For example, we may suspend or terminate your use of the Services if You are violating these Terms or our Acceptable Use Policy. All sections of this Agreement that by their nature should survive termination shall survive termination, including without limitation Your Content, Our Intellectual Property, Warranty Disclaimers, Limitation Of Liability, Indemnification, Dispute Resolution and Additional Terms.
12. Warranty Disclaimers
To the fullest extent permitted by law, LOANKEA LLC makes no warranties, either express or implied, about the Services. The Services are provided "as is." LOANKEA LLC also disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from LOANKEA LLC shall create any warranty. LOANKEA LLC makes no warranty or representation that the Services will: (a) be timely, uninterrupted or error-free; (b) meet your requirements or expectations; or (c) be free from viruses or other harmful components. Some places Do not allow the disclaimers in this paragraph, so they may not apply to you.
13. Limitation of Liability
To the fullest extent permitted by law, in no event will LOANKEA LLC be liable with respect to any claims arising out of or related to the Services or this Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any damages related to your access to, use of or inability to access or use the Services or any portion thereof, including without limitation interruption of use or cessation or modification of any aspect of the Services; (d) any damages related to loss or corruption of any content or data, including without limitation User Content and eCommerce data; (e) any User Content or other conduct or content of any user or third party using the Services, including without limitation defamatory, offensive or unlawful conduct or content; or (f) any Third Party Services or third party sites accessed via the Services. These limitations apply to any theory of liability, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, whether or not LOANKEA LLC has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose. To the fullest extent permitted by law, in no event shall the aggregate liability of LOANKEA LLC for all claims arising out of or related to the Services and this Agreement exceed the greater of twenty dollars ($20) or the amounts paid by you to LOANKEA LLC in the twelve (12) months immediately preceding the event that gave rise to such claim. Some places Do not allow the types of limitations in this paragraph,so they may not apply to you.
14. Indemnification
To the fullest extent permitted by law, you agree to indemnify and hold harmless LOANKEA LLC from and against all damages, losses and expenses of any kind (including without limitation reasonable attorneys' fees and costs) arising out of or related to: (a) your breach of this Agreement; (b) your User Content, Your Sites and Your eCommerce; (c) any claims from your End Users; and (d) your violation of any law or regulation or the rights of any third party.
15. Dispute Resolution
15.1. Informal Resolution. Before filing a claim against LOANKEA LLC, you agree to try to resolve the dispute by first emailing compliance@loankea.com with a description of your claim. We'll try to resolve the dispute informally by following up via email, phone or other methods. If we can't resolve the dispute within thirty (30) days of our receipt of your first email, you or LOANKEA LLC may then bring a formal proceeding.
15.2. Arbitration Agreement. You and LOANKEA LLC agree to resolve any claims arising from or relating to the Services or this Agreement through final and binding arbitration and you and LOANKEA LLC expressly waive trial by jury, except as set forth below. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
15.3. Arbitration Opt-Out. You can decline this agreement to arbitrate by emailing us at compliance@loankea.com within thirty (30) days of the date that you first agree to this Agreement ("Opt-Out Period"). Your email must be sent from the email address you use for your Account, and must include your full name, residential address and a clear statement that you want to opt out of arbitration. If you opt out of arbitration pursuant to this Section 15.3, then Sections 15.2, 15.4, 15.5 and 15.6 of these Terms do not apply to you. This opt-out doesn't affect any other sections of the Terms, including without limitation Sections 15.8 (Judicial Forum For Disputes; Time For Filing), 15.9 (No Class Actions) and 16.2 (Controlling Law). If you have any questions about this process, please contact compliance@loankea.com.
15.4. Arbitration Time for Filing. Any arbitration must be commenced by filing a demand for arbitration within one year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
15.5. Arbitration Procedures. JAMS, Inc. ("JAMS") will administer the arbitration in accordance with the JAMS Streamlined Arbitration Rules & Procedures ("JAMS Rules") in effect at the time of the dispute. You and LOANKEA LLC agree that this Agreement affects interstate commerce, so the US Federal Arbitration Act and federal arbitration law apply and govern the interpretation and enforcement of these provisions (despite the choice of law provision below). Any arbitration hearings will take place at a location to be agreed upon in New York, New York, in English, and shall be settled by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the JAMS Rules. The arbitrator must follow this Agreement and can award the same damages and relief as a court (including without limitation reasonable attorneys' fees and costs), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
15.6. Arbitration Fees. The JAMS Rules will govern payment of all arbitration fees. We won't seek our attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
15.7. Exceptions to Arbitration Agreement. Either you or LOANKEA LLC may assert claims, if they qualify, in small claims court in San Jose, California or any United States county where you live or work. Either you or LOANKEA LLC may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement or misappropriation (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute resolution process described above.
15.8. Judicial Forum for Disputes; Time For Filing. If our agreement to arbitrate is found not to apply to you or your claim, or if you opt out of arbitration pursuant to Section 15.3, you and LOANKEA LLC agree that any judicial proceeding (other than small claims actions) must be brought exclusively in the federal or state courts of San Jose, California and you and LOANKEA LLC consent to venue and personal jurisdiction in those courts. Any claim not subject to arbitration must be commenced within one year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
15.9. NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated or representative action. Class actions, class arbitrations, private attorney general actions and consolidation with other arbitrations aren't allowed.
16. Additional Terms
16.1. Entire Agreement. This Agreement constitutes the entire agreement between you and LOANKEA LLC regarding the subject matter of this Agreement and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this Agreement. This Agreement creates no third-party beneficiary rights.
16.2. Controlling Law. This Agreement and the Services shall be governed in all respects by the laws of the State of New York, without regard to its conflict of law provisions.
16.3. Waiver, Severability and Assignment. Our failure to enforce any provision of this Agreement is not a waiver of our right to do so later. If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under this Agreement, and any such attempt will be void. We may assign our rights under this Agreement to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
16.4. Modifications. We may modify this Agreement from time to time and will always post the most current version on our site. If a modification meaningfully reduces your rights, we will notify you (by, for example, sending you an email or displaying a prominent notice within the Services). The notice will designate a reasonable period after which the new terms will take effect. Modifications will never apply retroactively. By continuing to use or access the Services after any modifications come into effect, you agree to be bound by the modified Agreement. If you disagree with our changes, then you should stop using the Services.
16.5. Translation. This Agreement was originally written in English (US). We may translate this Agreement into other languages. In the event of a conflict between a translated version and the English version, the English version will control.
COPYRIGHT POLICY
LOANKEA LLC respects intellectual property rights and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), LOANKEA LLC responds expeditiously to claims of copyright infringement committed using the Services. In accordance with the DMCA and other applicable law, LOANKEA LLC will, under appropriate circumstances, terminate the accounts of repeat copyright infringers. We also reserve the right, in our sole discretion, to terminate any account for actual or apparent copyright infringement. Note that any capitalized terms not defined in this Copyright Policy have the meanings set forth in our Terms & Conditions.
Submitting A Notice of Infringement. To submit a notice of claimed copyright infringement, you will need to provide us with the following information:
1. Identification of the copyrighted work claimed to have been infringed (e.g., a link to your original work or clear description of the materials allegedly being infringed upon);
2. Identification of the infringing material and information reasonably sufficient to permit LOANKEA LLC to locate the material on the Services.
3. Your contact information, including name, address, telephone number and email address.
4. The following statements:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law."
"I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."; and
5. A physical or electronic signature (typing your full name will suffice) of the copyright owner or a person authorized to act on their behalf.
Deliver this notice, with all items completed, to LOANKEA LLC's Designated Copyright Agent:
LOANKEA LLC
Attention: Compliance Department
21 Tamal Vista Blvd, Ste 250,
Corte Madera, CA 94925
Email compliance@loankea.com
LOANKEA LLC's response to notices of alleged copyright infringement may include the removal or restriction of access to allegedly infringing material. Please note that information provided in a notice of copyright infringement may be forwarded to the user who posted the allegedly infringing content.
Bad Faith Notices. Please be aware that under 17 U.S.C. § 512(f), you may be liable for any damages, including without limitation costs and attorneys' fees incurred by us or our users, if you knowingly materially misrepresent that material or activity is infringing. If you're unsure whether the material you are reporting is in fact infringing, you may wish to contact an attorney before filing a notification with us.
Submitting A DMCA Counter-Notification. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. To submit a counter-notice, please respond to our original email notification of removal with the following information:
1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (the description from the copyright notice will suffice);
2. Your name, address and telephone number.
3. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the federal district courts located in San Jose County, California if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person;
4. The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."; and
5. A physical or electronic signature (typing your full name will suffice).
Upon receipt of a valid counter-notification, LOANKEA LLC will forward it to the notifying party who submitted the original DMCA notification. The notifying party will then have 10 business days to notify us that they have filed legal action relating to the allegedly infringing material. If we don't receive any such notification within 10 business days, we may restore the material to the Services.
We may modify this Copyright Policy from time to time and will post the most current version on our site. If a modification meaningfully reduces your rights, we will notify you in accordance with the procedures set forth in our Terms & Conditions.
COOKIE POLICY
This Cookie Policy describes how LOANKEA LLC uses cookies and similar technologies to provide, improve, promote and protect the Services. Note that any capitalized terms not defined in this Cookie Policy have the meanings set forth in our Terms & Conditions. If you have any comments or questions about this Cookie Policy, feel free to contact us at compliance@loankea.com
Cookies. Cookies are small pieces of text sent to your browser when you visit a site. They serve a variety of functions, like enabling us to remember certain information you provide to us as you navigate between pages on the Services.
We use cookies for the following purposes:
Authentication, Personalization and Security. Cookies help us verify your Account and device and determine when you are logged in, so we can make it easier for you to access the Services and provide the appropriate experiences and features. We also use cookies to help prevent fraudulent use of login credentials.
Performance and Analytics. Cookies help us analyze how the Services are being accessed and used and enable us to track performance of the Services. For example, we use cookies to determine if you viewed a page or opened an email. This helps us provide you with information that you find interesting. We also use cookies to provide insights regarding your End Users and Your Sites' performance, such as page views, conversion rates, device information, visitor IP addresses and referral sites.
Third Parties. Third Party Services may use cookies to help you sign into their services from our Services. We also may use third party cookies, such as Google Analytics, to assist with analyzing performance. Any third-party cookie usage is governed by the privacy policy of the third party placing the cookie.
Opting Out. You can set your browser to not accept cookies, but this may limit your ability to use the Services. We currently do not respond to DNT:1 signal from browsers visiting our Services.
Our Privacy Policy explains what personal information we collect and how it is used and shared.
Our Acceptable Use Policy outlines some of your responsibilities when using the Services.
By using or accessing the Services, you are agreeing to these Terms, our Privacy Policy and our Acceptable Use Policy (collectively, this "Agreement"). If You are using the Services for an organization, you are agreeing to this Agreement on behalf of that organization and represent and warrant that you can do so. If you do not agree to all the terms in this Agreement, you may not use or access the Services.
1. Creating an Account
Make sure your account information is accurate, and you keep your account safe. You are responsible for your account and any activity on it. Also, you need to be at least 13 years old to use LOANKEA LLC
1.1 Signing Up. To use the Services, you must first create an account ("Account"). You agree to provide us with accurate, complete and updated information for your Account. We may need to use this information to contact you.
1.2. Staying Safe. Please safeguard your Account and make sure others Do not have access to your Account or password. You must immediately notify us of any actual or suspected loss, theft or unauthorized use of your Account or password. You are solely responsible for any activity on your Account. We are not liable for any acts or omissions by you in connection with your Account.
1.3. Thirteen and Older. The Services are not intended for and may not be used by children under the age of 13. By using the Services, you represent that You are at least 13. Also, if You are under the age of 18, you must have your parent or guardian's consent to this Agreement, and they may need to enter into this Agreement on your behalf (depending on where you live).
2. Your Content
2.1 Your User Content Stays Yours. Users of the Services may provide us with content, including without limitation text, photos, images, audio, video, code and any other materials ("User Content"). Your User Content stays yours. These Terms Do not give us any rights to User Content, except for the limited rights that enable us to provide, improve, promote and protect the Services as described herein.
2.2. Your License To Us. When you provide User Content via the Services, you grant LOANKEA LLC a non-exclusive, worldwide, perpetual, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with the Services), communicate, publish, publicly display, publicly perform and distribute User Content for the limited purposes of allowing us to provide, improve, promote and protect the Services.
2.3. Featuring Your Site. We may use in perpetuity, worldwide and free of charge, any version of Your Sites (as defined below), or any portion thereof, for the limited purpose of LOANKEA LLC marketing and promotional activities. For example, we may feature Your Sites on our Templates page, or on our social media accounts. This can result in improved traffic to Your Sites. You waive any claims against us relating to any moral rights, artists' rights or any other similar rights worldwide that you may have in or to Your Sites, and any right of inspection or approval of any such use of Your Sites. If you Do not want Your Sites featured, you can opt out at any time via the Services or by contacting us.
3. Your Responsibilities
3.1. Only Use Content You are Allowed to Use. You represent that you own all rights to your User Content or otherwise have (and will continue to have) all rights and permissions to legally use, share, display, transfer and license your User Content via the Services. If we use your User Content in the ways contemplated in this Agreement, you represent that such use will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights or any other intellectual property or proprietary rights. Content on the Services may be protected by others' intellectual property or other rights, so please Do not copy, upload, download or share content unless you have the right to do so.
3.2. Follow Our Rules. You are responsible for your conduct and User Content, and you must comply with our Acceptable Use Policy. We may review your conduct and User Content for compliance with these Terms and our Acceptable Use Policy. With that said, we have no obligation to do so. We are not responsible for User Content.
3.3. Follow the Law. You represent that your use of the Services is not contrary to law, including without limitation applicable US export controls, regulations and sanctions.
3.4. Share Responsibly. The Services let you share User Content with others, including without limitation on social media and the open web, so please think carefully about what you share. We are not responsible for what you share via the Services.
3.5. Your Sites and Your End Users Are Your Responsibility. You may use the Services to create or publish sites, online stores and other products or services ("Your Sites"), and Your Sites may have their own visitors and users ("End Users"). You understand and agree that Your Sites and your End Users are your responsibility, and You are solely responsible for compliance with any laws or regulations related to Your Sites and your End Users, including without limitation the posting of your own privacy policy. We're not liable for, and won't provide you with any legal advice regarding, Your Sites or your End Users.
4. Third Party Services and Sites, User Content
4.1. Third Party Services. The Services are integrated with various third party services, applications and sites (collectively, "Third Party Services") that may make available to you their content and products, such as domain and email services, or marketplaces to connect customers and vendors. These Third-Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. We Do not control Third Party Services, and we are not liable for Third Party Services or for any transaction you may enter into with them. Your security when using Third Party Services is your responsibility. You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third-Party Services. We're not liable to you for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses you may experience as a result thereof (except where prohibited by law).
4.2. Third Party Sites. The Services may contain links to third party sites. When you access third party sites, you do so at your own risk. We Do not control and aren't liable for those sites.
4.3. User Content. We haven't reviewed and can't review all of the User Content made available via the Services. The Services may contain User Content: (a) that is offensive or objectionable; (b) that contains errors; (c) that violates intellectual property, privacy, publicity or other rights of third parties; (d) that is harmful to your computer or network; or (e) the downloading, copying or use of which is subject to additional terms and policies. By operating the Services, we Do not represent or imply that we endorse User Content provided therein, or that we believe such User Content to be accurate, useful or non-harmful. We're not a publisher of, and we're not liable for, any User Content uploaded, posted, published or otherwise made available via the Services. You are responsible for taking precautions to protect yourself, and your computer or network, from User Content accessed via the Services.
5. Our Intellectual Property
5.1. LOANKEA LLC Owns The Services are protected by copyright, trademark and other US and foreign laws. These Terms Do not grant you any right, title or interest in the Services, our trademarks, logos or other brand features or intellectual property, or others' content in the Services. You agree not to change, translate or otherwise create derivative works of the Services.
5.2. We Can Use Your Feedback for Free. We welcome your feedback, ideas or suggestions ("Feedback"), but you agree that we may use your Feedback without any restriction or obligation to you, even after this Agreement is terminated.
5.3. Our Demo Content Is for Private Use Only. We may provide templates or other products featuring demo content including without limitation text, photos, images, graphics, audio, video and other materials ("Demo Content"), to provide you with ideas or inspiration. However, Demo Content is for private use only (unless we tell you otherwise). You agree that you will not distribute, publicly display, publicly perform or otherwise publish any Demo Content (or any portion thereof).
5.4. Our Betas Are Still in Beta. We may release products and features that we are still testing and evaluating. Those Services have been marked as beta, preview or early access (or a similar phrasing) and may not be as reliable as our other services, so please keep that in mind.
5.5. We Use Open Source Software. Open source software is important to us. Some of the software used in the Services may be offered under an open source license that we may make available to you. There may be provisions in the open source license that override some of these Terms.
6. Our Rights
6.1. Important Things We Can Do. We reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by law): (a) we may change the Services and their functionality; (b) we may restrict access to or use of parts or all of the Services; (c) we may suspend or discontinue parts or all of the Services; (d) we may terminate, suspend or restrict your access to or use of parts or all of the Services; (e) we may terminate, suspend or restrict access to your Account or Your Sites; and (f) we may change our eligibility criteria to use the Services (and if such eligibility criteria changes are prohibited by law where you live, we may revoke your right to use the Services in that jurisdiction).
6.2. How We Handle Ownership Disputes. Sometimes, ownership of an Account or site is disputed between one or more parties, such as a business and its employee, or a web designer and their client. We try not to get involved in these disputes. However, we reserve the right, at any time and in our sole discretion, and without notice to you, to determine rightful Account or site ownership and to transfer an Account or site to the rightful owner. If we can't reasonably determine the rightful owner, we reserve the right to suspend an Account or site until the disputing parties reach a resolution. We also may request documentation, such as a government-issued photo ID, a credit card invoice or a business license, to help determine the rightful owner.
6.3. HTTPS Encryption. We may offer HTTPS encryption for Your Sites. By registering a custom domain via the Services, or pointing a custom domain to the Services, you authorize us to create and maintain a certificate for the limited purpose of providing HTTPS for Your Sites.
7. Privacy
Our Privacy Policy explains how we collect, use and share your and your End Users' information. By using the Services, you agree to our collection, use and sharing of information as set forth in the Privacy Policy.
8. Copyright
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported via the process described in our Copyright Policy, which is incorporated by reference into this Agreement. We reserve the right to delete or disable content alleged to be infringing, and to terminate Accounts of repeat infringers without any refunds.
9. Paid Services And Fees
9.1. Fees. You can access certain portions of the Services by submitting a fee payment (such additional services, "Paid Services"). For example, to publish Your Sites publicly, you will need to pay a subscription fee. Paid Services will remain in effect until cancelled or terminated in accordance with this Agreement. We will tell you about fees for Paid Services before charging you. You may cancel Paid Services at any time by contacting us. If you Do not pay for Paid Services on time, we reserve the right to suspend or cancel your access to the Paid Services. Transaction fees and additional fees may also apply to certain portions of the Services, and we will tell you about those fees before charging you. Our fees will appear on an invoice that we provide via the Services, unless otherwise indicated.
9.2. Taxes. All fees are exclusive of applicable federal, state, local or other taxes ("Taxes"). You are responsible for all applicable Taxes, and we will charge Taxes in addition to the fees for the Services when required to do so. If You are exempt from Taxes, you must provide us with a valid tax exemption certificate (we reserve the right to determine whether a certificate is valid). Tax exemption will only apply from and after the date we receive such certificate.
9.3. Automatic Subscription Renewals. To ensure uninterrupted service, we'll automatically bill you for certain Paid Services from the date you submit your initial payment and on each renewal period thereafter until cancellation. Your renewal period will be equal in time to the renewal period of your current subscription. For example, if You are on a monthly subscription plan, each billable renewal period will be for one month. We will automatically charge you the applicable amount using the payment method you have on file with us. We'll let you know in advance if You are purchasing a Paid Service that includes auto-renewal payments. You can disable auto-renewal at any time by contacting us.
9.4. Refunds. While you may cancel any Paid Services at any time, you will not be issued a refund except in our sole discretion, or if legally required.
9.5. Fee Changes. We may change our fees at any time. When applicable, we will give you advance notice of these fee changes via the Services. New fees will not apply retroactively. If you Do not agree with the fee changes, you have the right to reject the change by cancelling the applicable Paid Service before your next payment date.
9.6. Chargebacks. If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us ("Chargeback"), we may automatically terminate your Account. If you have questions about a payment made to us, we encourage you to contact us before filing a Chargeback. We reserve our right to dispute any Chargeback.
9.7. Our Payment Processor. We use a third-party payment processor (the "Payment Processor") to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to this Agreement. Our current Payment Processor is PayPal, and your payments are processed by PayPal in accordance with PayPal's Terms of Service and Privacy Policy. We Do not control and are not liable for the security or performance of the Payment Processor. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide with your Account. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.
9.8. Fees for Third-Party Services. Third Party Services purchased via the Services may be subject to different refund policies that those Third-Party Services determine, and they may be non-refundable. The purchase terms and conditions for such Third-Party Services will be displayed during the purchase process, such as through a link to the purchase terms and conditions. It is your responsibility to verify your ability to purchase, cancel or obtain a refund for a Third-Party Service. We Do not offer refunds for purchases of Third-Party Services.
10. Your eCommerce On LOANKEA LLC
10.1. eCommerce Responsibilities. The Services include features that enable you to provide or sell products and services to, or otherwise collect payments from, your End Users (such activities, "Your eCommerce"). We're not a party to, and we aren't liable for, Your eCommerce. You are solely responsible for Your eCommerce, and compliance with any laws or regulations related thereto, including without limitation the following:
10.1.1. Taxes. You are solely responsible for: (a) all Taxes and fees associated with Your eCommerce, including without limitation any Taxes related to the purchase or sale of products or services in connection therewith; (b) collecting, reporting and remitting required Taxes to relevant government authorities; and (c) informing your End Users of required Taxes, and providing them with invoices as required by law. You also agree that any tax estimates, reporting or related materials that we may provide via the Services are for illustration purposes only, and you may not rely on them to comply with your tax obligations.
10.1.2. Fulfillment and Delivery. You are solely responsible for fulfilling and delivering your products and services to your End Users.
10.1.3. Claims and Warranties. You are solely responsible for any claims or warranties you make in connection with Your eCommerce.
10.1.4. Customer Service. You are solely responsible for handling any comments or complaints related to Your eCommerce, including without limitation any issues related to payments, promotions, refunds or chargebacks. You agree to provide accurate and complete contact information on Your Sites so that your End Users can submit comments or complaints to you.
10.1.5. Site Terms, Policies and Legal Compliance. You agree to post and make clearly available on Your Sites a privacy policy, and any other terms or policies that may be required by law, and you warrant that Your Sites and Your eCommerce will comply with all applicable laws and regulations. You agree that we will not provide any legal advice regarding such terms, policies or compliance. Be sure to read our Privacy Policy to learn more about disclosures to your End Users regarding your use of the Services.
10.2. eCommerce Restrictions. You may not offer or sell any products or services which, in our sole discretion: (a) may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; (b) are prohibited for sale, distribution or use; or (c) otherwise fail to comply with any applicable laws or regulations, including without limitation with respect to intellectual property, privacy or publicity rights, consumer protection, product safety or trade regulations, or export controls, regulations or sanctions.
10.3. eCommerce Suspensions. While we'd prefer not to, we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove your Account, Your Sites or Your eCommerce, without any liability to you or to any End Users, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses (except where prohibited by law). For example, we may suspend Your eCommerce if You are violating this Agreement.
10.4. eCommerce Payment Processor. To accept payments from your End Users in connection with Your eCommerce, you may integrate Your Sites with third party payment processors ("eCommerce Payment Processors"). Your relationship with such eCommerce Payment Processors is governed by those eCommerce Payment Processors' terms and policies. We Do not control and aren't liable for any eCommerce Payment Processors, or for any transaction you may enter into with or through any eCommerce Payment Processors. eCommerce Payment Processors are Third Party Services, as defined in Section 4.1. While we will try to provide advance notice, you agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to, or remove from the Services, any eCommerce Payment Processors, without any liability to you or to any End Users, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses (except where prohibited by law). Your eCommerce Payment Processors may provide invoices for any transaction fees associated with your eCommerce transactions.
11. Term and Termination
This Agreement will remain in effect until terminated by either you or us. To terminate this Agreement, you may contact us or simply stop using the Services at any time. We reserve the right to suspend or terminate the Services at any time at our sole discretion and without notice. For example, we may suspend or terminate your use of the Services if You are violating these Terms or our Acceptable Use Policy. All sections of this Agreement that by their nature should survive termination shall survive termination, including without limitation Your Content, Our Intellectual Property, Warranty Disclaimers, Limitation Of Liability, Indemnification, Dispute Resolution and Additional Terms.
12. Warranty Disclaimers
To the fullest extent permitted by law, LOANKEA LLC makes no warranties, either express or implied, about the Services. The Services are provided "as is." LOANKEA LLC also disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from LOANKEA LLC shall create any warranty. LOANKEA LLC makes no warranty or representation that the Services will: (a) be timely, uninterrupted or error-free; (b) meet your requirements or expectations; or (c) be free from viruses or other harmful components. Some places Do not allow the disclaimers in this paragraph, so they may not apply to you.
13. Limitation of Liability
To the fullest extent permitted by law, in no event will LOANKEA LLC be liable with respect to any claims arising out of or related to the Services or this Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any damages related to your access to, use of or inability to access or use the Services or any portion thereof, including without limitation interruption of use or cessation or modification of any aspect of the Services; (d) any damages related to loss or corruption of any content or data, including without limitation User Content and eCommerce data; (e) any User Content or other conduct or content of any user or third party using the Services, including without limitation defamatory, offensive or unlawful conduct or content; or (f) any Third Party Services or third party sites accessed via the Services. These limitations apply to any theory of liability, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, whether or not LOANKEA LLC has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose. To the fullest extent permitted by law, in no event shall the aggregate liability of LOANKEA LLC for all claims arising out of or related to the Services and this Agreement exceed the greater of twenty dollars ($20) or the amounts paid by you to LOANKEA LLC in the twelve (12) months immediately preceding the event that gave rise to such claim. Some places Do not allow the types of limitations in this paragraph,so they may not apply to you.
14. Indemnification
To the fullest extent permitted by law, you agree to indemnify and hold harmless LOANKEA LLC from and against all damages, losses and expenses of any kind (including without limitation reasonable attorneys' fees and costs) arising out of or related to: (a) your breach of this Agreement; (b) your User Content, Your Sites and Your eCommerce; (c) any claims from your End Users; and (d) your violation of any law or regulation or the rights of any third party.
15. Dispute Resolution
15.1. Informal Resolution. Before filing a claim against LOANKEA LLC, you agree to try to resolve the dispute by first emailing compliance@loankea.com with a description of your claim. We'll try to resolve the dispute informally by following up via email, phone or other methods. If we can't resolve the dispute within thirty (30) days of our receipt of your first email, you or LOANKEA LLC may then bring a formal proceeding.
15.2. Arbitration Agreement. You and LOANKEA LLC agree to resolve any claims arising from or relating to the Services or this Agreement through final and binding arbitration and you and LOANKEA LLC expressly waive trial by jury, except as set forth below. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
15.3. Arbitration Opt-Out. You can decline this agreement to arbitrate by emailing us at compliance@loankea.com within thirty (30) days of the date that you first agree to this Agreement ("Opt-Out Period"). Your email must be sent from the email address you use for your Account, and must include your full name, residential address and a clear statement that you want to opt out of arbitration. If you opt out of arbitration pursuant to this Section 15.3, then Sections 15.2, 15.4, 15.5 and 15.6 of these Terms do not apply to you. This opt-out doesn't affect any other sections of the Terms, including without limitation Sections 15.8 (Judicial Forum For Disputes; Time For Filing), 15.9 (No Class Actions) and 16.2 (Controlling Law). If you have any questions about this process, please contact compliance@loankea.com.
15.4. Arbitration Time for Filing. Any arbitration must be commenced by filing a demand for arbitration within one year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
15.5. Arbitration Procedures. JAMS, Inc. ("JAMS") will administer the arbitration in accordance with the JAMS Streamlined Arbitration Rules & Procedures ("JAMS Rules") in effect at the time of the dispute. You and LOANKEA LLC agree that this Agreement affects interstate commerce, so the US Federal Arbitration Act and federal arbitration law apply and govern the interpretation and enforcement of these provisions (despite the choice of law provision below). Any arbitration hearings will take place at a location to be agreed upon in New York, New York, in English, and shall be settled by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the JAMS Rules. The arbitrator must follow this Agreement and can award the same damages and relief as a court (including without limitation reasonable attorneys' fees and costs), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
15.6. Arbitration Fees. The JAMS Rules will govern payment of all arbitration fees. We won't seek our attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
15.7. Exceptions to Arbitration Agreement. Either you or LOANKEA LLC may assert claims, if they qualify, in small claims court in San Jose, California or any United States county where you live or work. Either you or LOANKEA LLC may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement or misappropriation (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute resolution process described above.
15.8. Judicial Forum for Disputes; Time For Filing. If our agreement to arbitrate is found not to apply to you or your claim, or if you opt out of arbitration pursuant to Section 15.3, you and LOANKEA LLC agree that any judicial proceeding (other than small claims actions) must be brought exclusively in the federal or state courts of San Jose, California and you and LOANKEA LLC consent to venue and personal jurisdiction in those courts. Any claim not subject to arbitration must be commenced within one year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
15.9. NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated or representative action. Class actions, class arbitrations, private attorney general actions and consolidation with other arbitrations aren't allowed.
16. Additional Terms
16.1. Entire Agreement. This Agreement constitutes the entire agreement between you and LOANKEA LLC regarding the subject matter of this Agreement and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this Agreement. This Agreement creates no third-party beneficiary rights.
16.2. Controlling Law. This Agreement and the Services shall be governed in all respects by the laws of the State of New York, without regard to its conflict of law provisions.
16.3. Waiver, Severability and Assignment. Our failure to enforce any provision of this Agreement is not a waiver of our right to do so later. If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under this Agreement, and any such attempt will be void. We may assign our rights under this Agreement to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
16.4. Modifications. We may modify this Agreement from time to time and will always post the most current version on our site. If a modification meaningfully reduces your rights, we will notify you (by, for example, sending you an email or displaying a prominent notice within the Services). The notice will designate a reasonable period after which the new terms will take effect. Modifications will never apply retroactively. By continuing to use or access the Services after any modifications come into effect, you agree to be bound by the modified Agreement. If you disagree with our changes, then you should stop using the Services.
16.5. Translation. This Agreement was originally written in English (US). We may translate this Agreement into other languages. In the event of a conflict between a translated version and the English version, the English version will control.
COPYRIGHT POLICY
LOANKEA LLC respects intellectual property rights and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), LOANKEA LLC responds expeditiously to claims of copyright infringement committed using the Services. In accordance with the DMCA and other applicable law, LOANKEA LLC will, under appropriate circumstances, terminate the accounts of repeat copyright infringers. We also reserve the right, in our sole discretion, to terminate any account for actual or apparent copyright infringement. Note that any capitalized terms not defined in this Copyright Policy have the meanings set forth in our Terms & Conditions.
Submitting A Notice of Infringement. To submit a notice of claimed copyright infringement, you will need to provide us with the following information:
1. Identification of the copyrighted work claimed to have been infringed (e.g., a link to your original work or clear description of the materials allegedly being infringed upon);
2. Identification of the infringing material and information reasonably sufficient to permit LOANKEA LLC to locate the material on the Services.
3. Your contact information, including name, address, telephone number and email address.
4. The following statements:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law."
"I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."; and
5. A physical or electronic signature (typing your full name will suffice) of the copyright owner or a person authorized to act on their behalf.
Deliver this notice, with all items completed, to LOANKEA LLC's Designated Copyright Agent:
LOANKEA LLC
Attention: Compliance Department
21 Tamal Vista Blvd, Ste 250,
Corte Madera, CA 94925
Email compliance@loankea.com
LOANKEA LLC's response to notices of alleged copyright infringement may include the removal or restriction of access to allegedly infringing material. Please note that information provided in a notice of copyright infringement may be forwarded to the user who posted the allegedly infringing content.
Bad Faith Notices. Please be aware that under 17 U.S.C. § 512(f), you may be liable for any damages, including without limitation costs and attorneys' fees incurred by us or our users, if you knowingly materially misrepresent that material or activity is infringing. If you're unsure whether the material you are reporting is in fact infringing, you may wish to contact an attorney before filing a notification with us.
Submitting A DMCA Counter-Notification. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. To submit a counter-notice, please respond to our original email notification of removal with the following information:
1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (the description from the copyright notice will suffice);
2. Your name, address and telephone number.
3. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the federal district courts located in San Jose County, California if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person;
4. The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."; and
5. A physical or electronic signature (typing your full name will suffice).
Upon receipt of a valid counter-notification, LOANKEA LLC will forward it to the notifying party who submitted the original DMCA notification. The notifying party will then have 10 business days to notify us that they have filed legal action relating to the allegedly infringing material. If we don't receive any such notification within 10 business days, we may restore the material to the Services.
We may modify this Copyright Policy from time to time and will post the most current version on our site. If a modification meaningfully reduces your rights, we will notify you in accordance with the procedures set forth in our Terms & Conditions.
COOKIE POLICY
This Cookie Policy describes how LOANKEA LLC uses cookies and similar technologies to provide, improve, promote and protect the Services. Note that any capitalized terms not defined in this Cookie Policy have the meanings set forth in our Terms & Conditions. If you have any comments or questions about this Cookie Policy, feel free to contact us at compliance@loankea.com
Cookies. Cookies are small pieces of text sent to your browser when you visit a site. They serve a variety of functions, like enabling us to remember certain information you provide to us as you navigate between pages on the Services.
We use cookies for the following purposes:
Authentication, Personalization and Security. Cookies help us verify your Account and device and determine when you are logged in, so we can make it easier for you to access the Services and provide the appropriate experiences and features. We also use cookies to help prevent fraudulent use of login credentials.
Performance and Analytics. Cookies help us analyze how the Services are being accessed and used and enable us to track performance of the Services. For example, we use cookies to determine if you viewed a page or opened an email. This helps us provide you with information that you find interesting. We also use cookies to provide insights regarding your End Users and Your Sites' performance, such as page views, conversion rates, device information, visitor IP addresses and referral sites.
Third Parties. Third Party Services may use cookies to help you sign into their services from our Services. We also may use third party cookies, such as Google Analytics, to assist with analyzing performance. Any third-party cookie usage is governed by the privacy policy of the third party placing the cookie.
Opting Out. You can set your browser to not accept cookies, but this may limit your ability to use the Services. We currently do not respond to DNT:1 signal from browsers visiting our Services.