Kambine Inc (kambine.com) Terms of Service
These Terms Of Service (“Terms” or “Agreement”) of Kambine, Inc. (“Kambine”) govern your access to and use of Kambine’s platform (the “Services”) for the purchase, sale, distribution, and promotion of products (“Products”). These Terms constitute a binding agreement between Kambine and you or any company that you represent (“you,” “your,” “Customer,” “Buyer, or “Seller,” as applicable). By accessing or using the Services, you acknowledge and accept the Terms and Kambine’s privacy, which are accessible through its website and incorporated herein by reference. If you do not accept these Terms, you are not permitted to use the Services.
Kambine reserves the right, in its sole and absolute discretion, to amend, supplement, or otherwise modify these Terms from time to time. Modified Terms will take effect immediately upon posting to Kambine.com’s website. Your continued use of the Services after modified Terms have been so posted shall constitute your acceptance of such modified Terms.
- License to use Services
Kambine grants you a limited, non-exclusive, non-transferable, and revocable right and license to use its Services in accordance with the Terms. Enjoy!
You represent either that: (i) you are an individual entering this Agreement for his or her personal use, you are over 18 years of age and otherwise of legal capacity to form a binding contract with Kambine; or (ii) you are the authorized representative of a corporation or other legal entity, duly organized, validly existing, and in good standing under the laws of the jurisdiction of its organization and that you are duly authorized to accept, execute, and deliver this Agreement.
- User Conduct
You shall use the Service solely in accordance with the Terms. Without limitation, you shall not use the Service to:
- abuse, harass, threaten, or intimidate other users;
- post or transmit any Products or other content that is obscene or otherwise violates any law or right of any third party, that is hateful or discriminatory, or that incites violence or criminal conduct;
- attempt to impersonate another user or person;
- conduct any unlawful activity;
- solicit or obtain password, account, or private information from any user;
- conduct or promote unauthorized advertising, solicitations, or “spam;”
- use, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works of any content, without authorization, that belongs to or is licensed to Kambine, or that originates from the Services, or that belongs to another Kambine user or to a third party, or that violates or infringes any third party intellectual property rights; or
- upload, post, transmit, or make available any Products or other material that contains software viruses or any other malicious computer code designed to interrupt or limit the functionality of the Services.
- Trademarks and Copyrights
The name “Kambine” and all other Kambine marks, logos, taglines, custom graphics, and button icons appearing on Kambine’s site are service marks, trademarks, or trade dress of Kambine and may not be used in connection with any product or service that is not offered by Kambine in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Kambine. All other trademarks, product names, and company names and logos used on the site are the property of their respective owners.
All visual media works of authorship on the Kambine.com site, the selection and arrangement thereof, and the compilation of all content on the Site are the exclusive property of Kambine (or its licensors) and are protected by United States and international copyright laws.
- Using Your Account
By submitting a payment via any means for a Product sold through Kambine, you are making an offer to purchase all items contained in the applicable order. Our confirmation of your order via email is our acceptance of your offer. Kambine is not bound to accept any offers and may reject them as it sees fit.
Certain Products sold on Kambine may include additional fees, which will be added to and included in the final purchase price, as determined by Kambine in its sole and absolute discretion from time to time. When added, these fees will be provided with clear explanation.
You agree to provide accurate information when you sign up to use the Services and to keep your account information up to date. You also agree to: Use your real name, or the legal name of the entity you represent, use your own email address, or one that you have permission to use and not let anyone else use your account.
You are solely responsible for all activity on your account, as well as all fees incurred in relation to your account.
The Terms create no agency, partnership, joint venture, employment, or franchisee relationship between you and Kambine.
Kambine retains the right to close or suspend your account in whole or in part, and to terminate your use of its Services at its discretion and without notice. You may terminate your account with Kambine at your discretion. Any outstanding amounts due to Kambine related to your account after termination will be due at the time of Termination.
Kambine shall make commercially reasonable efforts to maintain the Kambine site in operation and available on the internet. No minimum uptime or service level is guaranteed. Kambine may terminate or change the Service at any time in its sole and absolute discretion.
When you post Products for sale on the site, you are granting (and hereby do grant) to Kambine the non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable (through multiple tiers), perpetual right and license to use, display, distribute, store, prepare derivative works of, and sell such Products, and to use and share your name, likeness, contact information, trademarks, and other appropriate property to promote such Products in any format now or hereinafter developed, and through any channels, whether on the Kambine site or otherwise, as Kambine may elect in its sole and absolute discretion.
Kambine reserves the right to add to the sales price a fee that Kambine may elect to add in its sole and absolute discretion, the amount of which may depend on the sales price of the subject item. Any additional fees will be automatically added to the price set by the Seller so the price the Buyer sees will be final.
Commissions payable to Seller are subject to change upon notice to Seller, which notice may be posted on Kambine’s website, or through a modification of these Terms (with notice to Sellers that these Terms have changed).
Seller shall maintain the accuracy of Seller’s contact information on file with Kambine.
If needed, you should always maintain backup copies of all Product images and details and other information uploaded to the Kambine site. Do not use Kambine as a storage mechanism. Products and other information uploaded to Kambine may be deleted after sale or without notice.
Seller represents and warrants to Kambine that Seller has the unencumbered right to post all Products posted for sale by Seller and to transfer all rights to Kambine and Buyer as set forth herein or otherwise in furtherance of the purposes hereof, and that all such Products shall conform to all applicable documentation and descriptions posted by Seller, and that all such Products shall comply with all applicable law. Seller alone shall bear sole liability for all Products, any errors and omissions therein, and all harms caused thereby. Seller shall indemnify, defend, and hold harmless Kambine from and against all claims, damages, awards, fees, and costs (including without limitation reasonable legal fees) incurred by or charged to Kambine in connection with any act or omission of Seller or Seller’s Products. Seller alone shall bear sole responsibility for any support, maintenance, or supplemental services offered by Seller in connection with any Products, and for all representations and warranties Seller makes.
Buyer agrees that all purchases are made under the assumption that all products are sold in “as is” condition. If there is a discrepancy regarding a purchase made, please represent that in your transaction feedback. It is the long term goal of Kambine to create a system of accountability to ensure all transactions are seen as acceptable.
- Additional Rights and Obligations of Kambine
Kambine shall have the right to reject or remove any Products from the Service, for any reason or no reason, in its sole and absolute discretion. Kambine may deny sales to buyers on high-risk transactions such as suspected credit card fraud payments.
Kambine shall act as the merchant of record for all sales of Products, shall use commercially reasonable efforts to collect payments via credit card or Stripe. Kambine will provide 1st level support to Buyers who report problems with Service.
Kambine shall pay collected, processed payments in the agreed amount (minus refunds and chargebacks) to the Seller approximately twenty-four (24) hours after a sale is completed. Payments made to the Seller are paid via Stripe and require the Seller to obtain and provide access to a verified Stripe account in the Seller’s name, which must be the same name as the Seller’s account with Kambine, without deviation. Seller forfeits any pending and future earnings if its Stripe account is unavailable for deposits for any period or if Seller’s account with Kambine is closed for any violation of these Terms.
Kambine may from time to time make available to Seller detailed, real-time statistics regarding Seller’s sales activity. Kambine shall not be responsible for any inaccuracies therein.
Kambine will pay the Seller a commission on each digital product sold between 85% and 80% of the sales price. The commission will be deducted from the payout of the sales to the Seller. Commission rates may vary depending on the type of product sold. Kambine reserves the right to modify commission rates at any time without notice.
- Disclaimer of Warranty
Your use of the Services and any information obtained through or from Kambine shall be at your own risk. The Services are provided on an “as is” basis. You acknowledge and agree that Kambine exercises no control over, and accepts no responsibility for, the content or information passing through Kambine’s host computers, network hubs, points of presence, or the internet. The products found on Kambine’s digital marketplace are produced by independent Sellers. Thus, Kambine makes no warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, merchantability, or fitness for a particular purpose, nor any warranties implied by a course of performance, course of dealing, or usage of trade.
Kambine makes no warranties that the Services will be uninterrupted or error-free or that any results obtained from the use of Services will be accurate or reliable. Kambine expressly disclaims any liability arising in connection with any Products. No oral or written information given by Kambine will create any warranty, nor may you rely on such information or advice.
- Limitation of Liability
To the fullest extent permitted by law, neither Kambine, nor its officers, directors, employees, shareholders, or agents will be liable for any consequential, indirect, incidental, special, or punitive damages, or loss of profits, revenue, data, or use by Customer, any of Customer’s customers, or of any third party, whether in an action in contract or tort or strict liability or other legal theory. Kambine will not be liable to Customer, any of Customer’s customers, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations or transmission, or any failure of performance, whether or not limited to acts of nature, communications failure, theft, destruction, or unauthorized access to Kambine’s records, programs, equipment, or services, or any other condition whatsoever.
Notwithstanding anything to the contrary in these Terms, Kambine’s maximum liability under these Terms for all damages, losses, costs, and causes of actions from any and all claims will not exceed the actual dollar amount paid by Customer for the portion of Services that gave rise to such claims during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.
Kambine’s Services may contain links to third-party websites not under Kambine’s control or ownership, or you may need to use a third party’s services or product in order to use Kambine’s service. Your access to all third-party services shall be at your own risk.
- Governing Law
This Agreement shall be governed by the laws of the State of Florida, no matter where in the world you live. Disputes hereunder shall be resolved before the courts of competent jurisdiction in Hillsborough County, Florida. All remedies available hereunder shall be cumulative and not in lieu of any others.
- Disclosure of Customer Information and Legal Process
Although Kambine maintains strict confidentiality on Customer’s information, there are certain exceptions in which Kambine may disclose information in its possession, including without limitation information about the Customer’s internet transmissions and website activity in order to comply with the law or official governmental requests. Kambine has no obligation to notify Customer about whom the information is sought or that Kambine has provided the information.
You do not have the right to assign this Agreement without the prior written consent of Kambine. Kambine may assign this Agreement without notice to you. This Agreement will be binding on the parties, and their successors, and permitted assigns.
- Entire Agreement; Severability; Survival
This Agreement represents the entire agreement between the parties, and supersedes all previous and contemporaneous representations, understandings, and agreements, if any, express or implied, whether written or oral. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement will remain in full force and effect. Sections hereof which by their nature should survive termination hereof shall so survive.