Terms of Service

DRAFT 1/30/18

Konnect Terms of Service

Welcome to the Konnect web site, an application (“The Konnect” on Apple’s App Store) that provides Members with up-to-date nightlife drink specials, exclusive events, and general venue information (the “Service”). Members may connect with friends within the app via personal profiles.  Bar and restaurant  owners and managers can connect with Members via public profiles and content posts. Bars and restaurants may use the Konnect app to display daily and nightly discounts, specials, and events. It is owned and operated by Konnect, LLC. 

  The Service contains information, data, applications, graphics, editorial and other content accessible by Members, and graphic files, audio files, video files, information, data, editorial, and certain other material and features accessible to premium Members (collectively, the “Content”). 

By your use of the Service and the Content you agree to be bound by the following Terms of Service.  Konnect may revise these Terms of Service from time to time without prior notice and, by using this site and any software associated with this site after any revision of these Terms of Service, you agree to be bound by such changes.  This creates a binding legal agreement, so please read them carefully.  If you find these Terms of Service to be unacceptable, you must immediately terminate your use of this site and any associated software and/or applications.

1. General Terms and Conditions

1.1 You may use the Service only for your personal use.  Subject to section 1.2 below, the Service is not intended for or licensed for any commercial use, and such use is specifically prohibited. We reserve the right to cancel any or all of the Service at any time.

1.2 Konnect welcomes commercial use of Konnect by bars and restaurants (“Venues”). Venues will have the ability to interact with Members by posting to their own public pages, and commenting on Member-posted content.  Venue pages are controlled by venue owners or managers, and content may be removed by account owners.

1.3 The download of the whole or significant portions of any functionality of the Service, or any part of the Service is prohibited. Online or other republication of content is prohibited. Violation may result in immediate termination of membership and may result in legal action for injunction, damages, or both.

1.4 Thekonnectapp.com,” “Konnect,” and other trademarks on this Web site are trademarks of Konnect, LLC, or its affiliates or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Konnect.  In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Konnect, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Konnect.  All other trademarks, registered trademarks, product names and company names or logos mentioned on the Web site are the property of their respective owners.

2. Registration and Security

2.1 As part of the registration process, you may either register with your Facebook® account or provide your full name, email address, and a password. Venues must provide their business name, hours of operation, business address, contact first name, last name, email address, and phone number.

2.2 (a) You shall notify us by e-mail at info@Konnect.com of any known or suspected unauthorized use(s) of your membership, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or account information.  (b) You will be responsible for maintaining the confidentiality of your password. You never will be required to reveal your password to any representative or agent of Konnect, its owners or agents.  

2.3 You must be 18 years or older to become a member of the Service and/or to use the Service. You must be 21 years of age to enter in certain establishments and consume alcohol. It is the responsibility of specific venues to ensure that persons below 21 years of age are not consuming alcohol on their property.

3. Fees and Payments

3.1 The Service is free for Members. 

3.2 Venues have the option of paying an annual subscription (one-time fee) of $145 or a monthly subscription of $15.  Each subscription renews automatically, and Konnect reserves the right to change subscription prices at any time.  All subscription fees are nonrefundable.  No cancellation of an annual subscription is allowed during the active subscription period.  Converting a monthly subscription to an annual subscription starts an annual contract without credit for previous monthly payments.  

4. Advertising and Promotional Emails

4.1   In consideration for providing you the Service, you agree that we and our third party providers and partners may place advertising on our Service or in connection with the display of content or information on our Service.  The types and extent of advertising on the Service are subject to change over time. Certain features of our Service may be subject to additional terms or conditions, which will be posted with those features.

4.2 -    Konnect will be using Google ads, along with paid advertisements. Some of these ads will be populated from Google using cookies, and some will be included in the app by Konnect, and therefore will only be from companies who will uphold Konnect’s reputation and credibility. Personal information used to generate these ads will be the following:

(a) Email address

(b) Age

(c) Location

(d) Facebook (if connected) likes and dislikes

(e) Konnect check-in data

4.3 By using Konnect, Members are agreeing to divulge this information which may be shared with trusted advertisers.

4.4  Konnect may have non-advertising partnerships with alcohol distributors and Venues.

4.5 The Service may send promotional emails to notify Members of upgrades and new features.  At any time you may elect to opt-out of these e-mails.

5. Termination 

5.1 Members and Venues may terminate a membership or account at any time by contacting info@thekonnectapp.com.  Konnect has the right to terminate the membership of a Member or the subscription of a Venue if a profile is in violation of these Terms of Service. 

5.2  Upon termination, we will use commercially reasonable efforts to stop displaying a Member’s or Venue’s profile on the Service.  A Venue’s monthly payment will not be processed and any content posted it or to its profile also will be deleted. No cancellation of an annual subscription is allowed during active subscription period.

6. About Copyright 

6.1 You acknowledge that the Service, any underlying technology used in connection with Konnect, and all software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other data (collectively, the “Content”) available within the Konnect site are provided by Konnect or third-party providers and are the copyrighted works of Konnect and/or such third parties.  Content is owned or licensed by Konnect and/or third parties and is protected under copyright, trademark, and other proprietary and intellectual property right laws.

6.2 Konnect grants you a limited right/license that is non-exclusive and not transferable, to access, privately display, and use the Content, including any and all Content provided to you, for your personal use only provided that you agree to and comply fully with this Agreement.  Except as set forth, you may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, broadcast, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Content or the Service, in whole or in part.  You may not store any significant portion of any Content or the Service owned by, or licensed to Konnect in any form, whether archival files, computer-readable files, or any other medium. You also may not “mirror” any Content or the Service on any other server.

6.3 As part of its Service, Konnect allows Members and Venues to post profiles and content, comment and like other posts, create posts, connect and follow/be followed, and chat in-app to other Members.  Konnect claims no ownership rights in any content, editorial matter, image or file uploaded to the Service by you.  For the sole purpose of displaying your files to recipients designated by you, you grant to Konnect a non-exclusive, royalty-free license to copy and/or distribute these files through the Service and when you post content in the discussion forums, you permit this site to display and distribute the content, and to use it for advertising and promotion.  

6.4 YOU AGREE TO SUBMIT ONLY CONTENT AND IMAGES OWNED BY YOU AND THAT WILL NOT VIOLATE THE PROPERTY OR OTHER RIGHTS OF OTHER PEOPLE OR ORGANIZATIONS.  You hereby acknowledge that content, including images, even if submitted to a site of which you are a member, belongs to the creator or author of the content and you should not reproduce it without permission of the owner.  (For example, you may not upload an image of yourself unless you have the permission of the photographer who took your picture –  this is because, although you may have physical ownership of the print or graphic file, the copyright is owned by the person who created the image.)

6.5 In compliance with the Digital Millennium Copyright Act, signed into law on October 28, 1998, Konnect has a policy of terminating the accounts of Members who are alleged to have infringed a copyright, and has appointed an agent for notification of claimed infringement with the U.S. Copyright Office. For further information, see our DMCA Policy.

6.6 Submissions and/or Communications.  Any communications, submissions, and any other material, including, but not limited to, company information, suggestions, ideas, drawings, concepts, feedback, comments, or other information shall not be subject to any obligation of confidentiality whatsoever by Konnect.  DO NOT POST PRIVATE OR CONFIDENTIAL MATERIAL.  Konnect shall not be liable for any use or disclosure of any such submissions or communications.  

7. Your Privacy

Konnect has a firm commitment to safeguarding your privacy.  Please review Konnect’s Privacy Policy. The terms of Konnect’s Privacy Policy are considered part of, and are incorporated into, these Terms of Service.

8.  Acceptable Use For Social Media Features

8.1 Always treat other Members with courtesy and respect when posting messages on the Service. No unnecessary name calling or abuse toward any Member is allowed. 

8.2 Content of Member’s Materials.  Konnect may monitor a Member’s uploaded files, and other material, but does not exercise any editorial control over the content of any material that the Member uploads into Konnect’s Service.  However, Konnect reserves the right to remove any and/or all of the Member’s material from Konnect’s service that are, in Konnect’s sole discretion, potentially illegal, a violation of trademark and/or copyright, obscene, indecent, defamatory, incites racial or ethnic hatred, violates the rights of others or otherwise violates the acceptable use policy stated below in this Agreement.   Members  may flag inappropriate comments/posts, and images. Upon removal of the material, Konnect shall notify Member of the removal of the materials as well as the reason for removal. In no instance shall Konnect be liable for the removal of the materials.  Konnect reserves the right to immediately terminate its service to a Member for any flagrant or repeat violations of this Agreement.  

8.3 Non-Acceptable and Prohibited Uses.  Incidents and uses that may cause a Member’s account to be terminated include, but are not limited to:

  • Uploading or transmission of any trojans, worms, viruses or any code of a destructive or spying nature.

  • Removing any proprietary notices or label on any Content, or using the Service in conjunction with any device or service designed to circumvent technological measures employed to control access to, or the rights in, any Content or other work protected under copyright laws.

  • Uploading of transmission of any file or content that harm minors in any way, including any form of child pornography.

  • Uploading or transmission of any file or content that spreads messages of terror or depicts torture or death-images.

  • Uploading or transmission of files intended to threaten or harass any individual or organization.

  • Using the Service for any purpose other than which it is intended.

  • Using the Service for submission, generation or inclusion of unsolicited bulk email or other forms of email abuse (i.e. SPAM).

  • Using the Service for advertising, trading of goods or services, or other commercial use except as permitted by Konnect.

  • Attempting to impersonate any person, using forged headers or other identifying information in a defamatory way.

  • Uploading any programs that may cause a disruption to the Service.

  • Any action that violates the laws of applicable local, state, federal or international governmental bodies.

  • Sharing the account with anyone or re-selling the Service without express written permission from Konnect.

8.4 Konnect will cooperate with any and all appropriate legal authorities in investigating claims of illegal activity, including, but not limited to illegal transfer or use of copyrighted material or other illegal activity.  Konnect reserves the right to monitor or view material uploaded by Member onto Konnect’s service at any time for the purpose of ensuring compliance with this Agreement.

9. Konnect’s Liability

1.1  Konnect is not responsible for information and content provided by unaffiliated third-party vendors such as Single Platform, Yelp, or  Foursquare, or any other Venue information service.

10. Disclaimer Of Warranty And Limitations Of Liability

KONNECT AND THE SERVICE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AUDIENCE, AND NON-INFRINGEMENT.  IN NO EVENT WILL KONNECT, KONNECT, LLC, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF KONNECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR USE OF OR INABILITY TO ACCESS KONNECT OR USE THE SERVICE, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO KONNECT'S RECORDS, PROGRAMS, OR SERVICES.   IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB SERVICE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES KONNECT’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

11. Miscellaneous

11.1  Links. The Service may contain links through advertising and otherwise to third party websites and other resources.  These links are made to websites that are not under the control of, reviewed, monitored, or endorsed by Konnect, and as such Konnect is not responsible or liable for any information, content, or any other materials of any linked website. Such links are provided for convenience purposes only.  You agree that you are solely responsible and liable for any interactions you may have with such linked websites, their sponsors, owners, or other third-parties.  You acknowledge and agree that Konnect shall not be responsible or liable, both directly or indirectly, for any damage or loss whatsoever caused, or alleged to be caused by or in connection with the use of or reliance upon any such third party goods or services, or content, available through linked websites.

11.2  Indemnity. You shall indemnify, hold harmless, and defend, at your own expense, Konnect, its affiliates, officers, directors, employees, members, contractors, agents, suppliers, and representatives against any claim, suit, actions, demands, liabilities, expenses, including without limitation, reasonable attorney’s fees, or any proceeding brought against Konnect which arises out of, results from, or is related to any breach made by you of this Agreement, or of any claim of defamation, invasion of privacy, right of publicity, infringement of intellectual property or other proprietary rights relating to your use of the Service.

11.3  Governing Law.  This Terms of Service Agreement shall be governed by and construed in accordance with the laws of the State of Maryland, U.S.A. applicable to agreements executed and fully performed therein.  It is agreed that Marylandk courts (state and federal) only, will have jurisdiction over any controversies regarding this Agreement; any action or proceeding which involves such a controversy will be brought only in the Southern Division of the federal District of Maryland or in the Circuit Court for Prince George’s County, Maryland.  

11.4  Severability.  If any provision of this Agreement is determined by any court of competent jurisdiction to be unenforceable, such provision shall be interpreted to have the broadest application as shall be enforceable.  The unenforceability of any particular provision of this Agreement shall not affect any other provision hereof, which shall continue in full force and effect.

11.5  Amendment of Agreement.  Konnect reserves the right, at its sole discretion, to update, change, modify, add or remove any portion of this Agreement from time to time on an as-needed basis by placing an update of this Agreement on-line at Konnect’s web site at this location or at any other location designated at said site.  Changes to this Agreement will be effective when posted.  You agree to periodically review these Terms of Service to be aware of any changes.  By continuing to use the Services after any change has been made, you agree to be bound by subsequent revisions to the Agreement.

 

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