Kefi Life Terms of Service Agreement

PLEASE READ ALL OF THE FOLLOWING TERMS CAREFULLY AS THEY CONTAIN INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.  THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION IN SECTION 14 THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Effective April 1, 2020

This Terms of Service Agreement (“Agreement”) is made between Koukla Productions LLC (“KPLLC”) owner and publisher of www. Kefilife.com.com (the “Platform”) and You (“User”) who may access and use the Platform and technology thereon only pursuant to the following terms and conditions.

  1. Acceptance of Terms.  By accessing and using the Platform, User hereby READS, UNDERSTANDS, ACCEPTS, and AGREES to be bound by this Agreement’s terms and conditions.  Should User NOT accept these terms and conditions, User must neither access nor otherwise use any part of the Platform or content or information available therewith.  To the extent permitted by law, KPLLC may amend, at any time and from time to time, this Agreement by posting a version of this Agreement to https://www. Kefilife.com /terms.  KPLLC will notify User on its website and/or via email that amended terms have been posted.  User agrees that its continued use of the Platform constitutes an acceptance of such amendments.  User shall have the opportunity to refuse said amendments solely by ceasing access to and utilization of the Platform.
  1. KPLLC DOES NOT PROVIDE MEDICAL ADVICE AND USER IS ADVISED TO CONSULT WITH HIS/HER OWN PHYSICIANS, HEALTH PROFESSIONALS, OR COUNSELORS PRIOR TO USE OF THE PLATFORM OR CONTENT AND PRODUCTS AVAILABLE THEREON.
  1. Platform Usage Generally.  The Platform generally allows a User, pursuant to the terms and conditions herein, to register an account, view articles, listen and watch audiovisual content, and purchase products.
  1. General.  If User purchases any products or services over the Platform for a fee (“Paid Services”), User authorizes KPLLC and/or its designated payment processors to store User’s payment information and other related information.  User also agrees to pay the applicable fees for the Paid Services as they become due plus all related taxes (including, without limitation, sales and use taxes, duties, or other governmental taxes or fees), and to reimburse KPLLC for all collection costs and interest for any overdue amounts.  All fees and charges are nonrefundable and there are no refunds or credits for Paid Services except: (i) as required by applicable law; and (ii) at KPLLC’s sole and absolute discretion.  Fees for the Paid Services may be payable in advance, in arrears, per usage, or as otherwise described when User initially purchases the Paid Service.  Except as otherwise described in this Section 4, all prices for Paid Services are subject to change without notice.
  1. Payment Method.  KPLLC may, from time to time, offer various payment methods, including without limitation payment by credit card, by debit card, and by certain mobile payment providers.  User authorizes KPLLC to charge User for Paid Services through any payment method(s) User selects when purchasing the Paid Services (the “Payment Method”) and User agrees to make payment using such Payment Method(s) (KPLLC may, from time to time, receive and use updated payment method information provided by User or that financial institutions or payment processors may provide to KPLLC to update information related to User’s Payment Method(s), such as updated expiration dates or account numbers).  Certain Payment Methods, such as credit cards and debit cards, may involve agreements between User and the financial institution, credit card issuer, or other provider of User’s chosen Payment Methods (the “Payment Method Provider”).  If KPLLC does not receive payment from User’s Payment Method Provider, User agrees to directly pay all amounts due upon demand from KPLLC.  User’s non-termination or continued use of the Paid Services reaffirms that KPLLC is authorized to charge User’s Payment Method.  KPLLC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE PAYMENT METHOD PROVIDER AND/OR THE SERVICES OFFERED THEREON.
  1. Current Billing Information Required.  User agrees to provide current, complete, and accurate billing information and agree to promptly update all such information (such as changes in billing address, credit card number, or credit card expiration date) as necessary for the processing of all payments that are due to KPLLC.  User agrees to promptly notify KPLLC if User’s Payment Method is canceled (for example, due to loss or theft) or if User becomes aware of a potential breach of security related to User’s Payment Method.  If User fails to provide any of the foregoing information, User acknowledges that User’s current Payment Method may continue to be charged for Paid Services and that User will remain responsible for all such charges.
  1. Payment Processors.  Ordering Third-Party Services through the Platform involves utilizing the secured server of a payment processing service provider (“PSP,” e.g., Stripe).  Neither PSP nor any person or company related to PSP holds any ownership interest in the Platform or KPLLC, nor receives any financial benefit from the Platform or KPLLC other than a fee paid by KPLLC to PSP for the services performed by PSP.  KPLLC makes absolutely no representations and/or warranties, and provides no assurances, regarding the PSP, the PSP owner, or the quality, availability, legality, or description of the payment processing services offered thereon. 
  1. Ownership.  User acknowledges and agrees that the Platform, media and content thereon, and any patents, copyrights, trade secrets, moral rights, trademarks (e.g., KEFIL!FE), know-how, or any related or other rights or interests or other intangible assets recognized under any laws, regulations, or international conventions, in any country or jurisdiction in the world (“Intellectual Property Rights”) contained therein is the sole property of KPLLC, its wholly-owned subsidiaries, affiliates, licensors, suppliers, or other third parties.  All rights and permissions in and to the Platform and KPLLC’s media and content thereon not expressly granted herein are reserved by KPLLC.
  1. For the term of this Agreement, and unless as otherwise agreed by KPLLC in writing, KPLLC grants User, solely provided that User adheres to all of the terms and conditions of this Agreement, a limited, revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable license to: (i) use the Platform for User’s own personal and non-commercial purposes; and (ii) only over the Platform and not offline or by any other means, reproduce, distribute, and creative derivative works of KPLLC’s content.  The foregoing is an express limited use license and not an assignment, sale, or other transfer of the Platform or any of Intellectual Property Rights of KPLLC or its licensors therein.  Any rights not expressly licensed pursuant to this section 5(b)(i) are reserved and upon termination of this Agreement, all rights which are licensed shall terminate.
  1. User grants KPLLC (and its affiliates, distributors, and other agents it may designate in its discretion) a non-exclusive, worldwide, perpetual, royalty-free, irrevocable, sublicensable, transferable, right and license to use, distribute, reproduce, create derivative works of, distribute, publicly perform, publicly display, and transmit User Submissions and any reviews User leaves for the Platform for any purpose in connection with the provision, operation, promotion, marketing, and improvement of the Platform and development of new KPLLC goods and services.  The license granted in this Section 5(b)(ii) shall extend to the commercial utilization of User’s name and/or likeness in any form or in any media.  User shall not provide User Submissions to the Platform unless User has the right to grant this license for such User Submissions.  If User submits ideas, suggestions, or anything else about the Platform (such as ways to improve the Services) to KPLLC, User agrees that KPLLC can use that feedback for any reason, without payment or other compensation to User, in any fashion, forever and throughout the world.  User shall not submit any feedback to KPLLC in which User does not wish to grant such rights.
  1. Limited Liability.
  1. USER ACCESSES THE PLATFORM AT HIS/HER OWN RISK AND IS SINGULARLY RESPONSIBLE FOR ANY LOSS, DAMAGE, OR COSTS INCURRED DURING SUCH ACTIVITY.  KPLLC, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, KPLLCS, SUCCESSORS, OR ASSIGNS (“KPLLC PARTIES”) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO: (I) THE PLATFORM’S AVAILABILITY; (II) THE ACTS, OMISSIONS, OR CONDUCT OF ANY USER OR THIRD-PARTY, WHETHER ONLINE OR OFFLINE; (III) ANY PLATFORM CONTENT; (IV) ANY GOODS OR SERVICES ACQUIRED AS A RESULT OF ANY INFORMATION OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE PLATFORM; (V) INJURY OR DAMAGE TO USER’S COMPUTER OR EQUIPMENT RESULTING FROM ACCESS TO OR USE OF THE PLATFORM INCLUDING, BUT NOT LIMITED TO, WEB PAGE VIEWING, FILE DOWNLOADING OR STREAMING, SERVER USE OR ACCESS, OR FOLLOWING PLATFORM LINKS; (VI) ANY INCORRECT OR INACCURATE CONTENT POSTED ON OR RECEIVED FROM THE PLATFORM, REGARDLESS OF THE CAUSE OF SUCH INACCURACY; (VII) ANY CONDUCT OF ANY USER OR USER OF THE PLATFORM; (VIII) USER’S TERMINATION OF THIS AGREEMENT OR CANCELLATION OF ANY SERVICES; AND (IX) ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OPERATIONAL DELAY, COMMUNICATION LINE FAILURE, OR THEFT, BREACH, DESTRUCTION, OR ALTERATION OF USER’S COMMUNICATIONS.
  1. Indemnification.
  1. Occurrence.  User agrees to defend the KPLLC Parties to the fullest extent permitted by law, against any and all claims, demands and/or actions and indemnify and hold the KPLLC Parties harmless from and against any and all losses, damages, costs and expenses, including reasonable attorney’s fees, (each a “Claim), regardless of whether such Claim is due to a KPLLC Party’s active or passive negligence, arising out of or relating to: (i) any User breach of any provision of this Agreement and/or any representation or warranty identified herein; (ii) User’s use of the Platform, including any data or information transmitted or received by User; (iii) any unacceptable use of the Platform by User including, without limitation, any statement, data or content made, transmitted, or republished by User which is infringing or otherwise prohibited as unacceptable in Section 6; or (iv) any expenses KPLLC incurs in enforcing this Section including, without limitation, reasonable attorney’s fees and costs.  
  1. Privacy Policy.  User agrees to accept KPLLC’s Privacy Policy, available at https://www.Kefilife.com.com/privacy.
  1. Take-Down Requests, DMCA.  KPLLC expressly prohibits users from uploading, posting, or otherwise distributing through the Platform any content which may violate another party’s Intellectual Property Rights, privacy, publicity, or other rights.  If any User believes any Platform content violates or otherwise infringes upon any of User’s rights, User is encouraged to contact KPLLC immediately to request that the allegedly offending content (“Offending Content”) to be removed from the Platform.  To make such a request (“Take-Down Request”), User should provide KPLLC’s designated agent, listed below, with:
  1. the identity of the Offending Content in sufficient detail such that it can be readily located (e.g., “The photograph of available at https://www. Kefilife.com/item123.jpg”);
    1. User’s name, mailing address, email address, and telephone number; and
    1. the name, user id, email, telephone phone number, and mailing address of the person User believes posted the Offending Content (as available).

In accordance with the Digital Millennium Copyright Act (“DMCA”), KPLLC has designated a Copyright Agent who is charged with receiving notification of alleged copyright violations and may accept notification of other offending Platform content.  If User believes in good faith that material appearing on this website infringes its copyright, provide notification, pursuant to 17 U.S.C. § 512(c)(3)(A), to our Copyright Agent at:

AU LLC – Copyright Agent

564 W. Randolph St. 2nd Floor

Chicago, IL 60661

dmca@au-llc.com

Tel: (312) 715-7312

Fax: (312) 646-2501

Similarly, the DMCA provides that if one, in good faith, believe that a notice of copyright infringement has been wrongfully filed against him, he may send to our Copyright Agent a counter notice, subject to the requirements set forth in 17 U.S.C. § 512(g)(3).

Lastly, it should be noted that individuals making misrepresentations made in alleging that material appearing on this website constitutes copyright infringement may be liable for damages pursuant to 17 U.S.C. § 512(f).  KPLLC will process proper Take-Down Requests, will promptly remove or disable access to any offensive or infringing content, and will terminate the accounts of repeat infringers.

  1. Dispute Resolution Protocol.
  1. Controlling Law and Jurisdiction.  This Agreement will be interpreted in accordance with the laws of the State of Illinois and the United States of America, without regard to its conflict-of-law provisions.  User and KPLLC agree to submit to the personal jurisdiction of the state and federal courts located within Cook County, Illinois, for any actions for which the Parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other Intellectual Property Rights.
  1. Miscellanea.
  1. Waiver; Remedies Cumulative.  To the maximum extent permitted by applicable law: (i) no claim or right arising out of this Agreement or any of the documents referred to in this Agreement can be discharged by a Party, in whole or in Part, by a waiver or renunciation of the claim or right unless in writing signed by such Party; (ii) no waiver that may be given by a Party will be applicable except in the specific instance for which it is given; and (iii) no notice to or demand on one Party will be deemed to be a waiver of any obligation of that Party or of the right of the Party giving such notice or demand to take further action without notice or demand as provided in this Agreement.
  1. Open Source Software.  The Platform utilizes the following open source components and source code (all rights reserved):
  1. Advanced Custom Fields https://www.advancedcustomfields.com/
    1. Advanced Custom Fields PRO https://www.advancedcustomfields.com/
    2. Akismet Anti-Spam https://akismet.com/
    3. Artbees Themes Captcha https://themes.artbees.net/docs/installing-plugins-and-add-ons/
    4. Customizer Export/Import https://wordpress.org/plugins/customizer-export-import/
    5. Customizer Reset https://wordpress.org/plugins/customizer-reset-by-wpzoom/
    6. Duplicate Page https://wordpress.org/plugins/duplicate-page/
    7. Duplicate Post https://wordpress.org/plugins/duplicate-post/
    8. Elementor https://elementor.com/
    9. Elementor Pro https://elementor.com/
    10. Facebook for WooCommerce https://www.facebook.com/business/help/900699293402826
    11. Fast Velocity Minify https://wordpress.org/plugins/fast-velocity-minify/
    12. GA Google Analytics https://wordpress.org/plugins/ga-google-analytics/
    13. GDPR Cookie Consent https://www.onetrust.com/
    14. Google Analytics for WordPress by MonsterInsights https://www.monsterinsights.com/
    15. Image optimization service by Optimole https://optimole.com/
    16. JetPopup https://crocoblock.com/plugins/jetpopup/
    17. Jupiter X Core https://wordpress.org/plugins/jupiterx-core/
    18. Lazy Load https://wordpress.org/plugins/rocket-lazy-load/
    19. Mailchimp for WooCommerce https://mailchimp.com/
    20. Master Slider Pro https://wordpress.org/plugins/master-slider/
    21. Raven https://themes.artbees.net/docs/raven-plugin-overview/
    22. ShortPixel Image Optimizer https://shortpixel.com/pricing-one-time
    23. The Events Calendar https://theeventscalendar.com/product/wordpress-events-calendar/
    24. WooCommerce https://woocommerce.com/
    25. WordPress https://wordpress.org

Terms of Service © 2020 Koukla Productions LLC.