Terms & Conditions
Last updated: 8 March 2018
If You do not agree to this Agreement, You must not sign up for an Account and shall not make use of any of the Services or the Site. By agreeing to this Agreement, You acknowledge that You have read this Agreement, understood it, and agree to be bound by its terms and conditions.
JKONFX.COM reserves the right to update these Terms from as required, without notice and any amendment will become part of these Terms from the date of amendment. To remain up to date with our Terms, please ensure you read them regularly. If You have any questions about them, please contact JKonFX.com at firstname.lastname@example.org.
You understand and agree that JKonFX.com may send You correspondence in relation to your account and/or the Service. Hey, we just need to keep you updated!
Accounts, Passwords, Security
You must be a registered User to access the Service. Your password is set by yourself and You are responsible for keeping it secure, please do not give it out to others. With this in mind, You are responsible and hold liability for all activity that occurs under Your user name, in Your account. You also agree not to access, or attempt to access, another User's account(s) and/or data. We don't want important data falling into the wrong hands.
You as a User are responsible for Your own data and for Your own use of the Service. You acknowledge and agree that the Service must only be used for lawful purposes. You are strictly prohibited to store, transmit, distribute or create any material that violates any applicable laws or regulations. This is including, (but not limited to) intellectual property, copyright, trademarks; confidential data or any other information without the express permission of the owner; and/or obscene, defamatory, threatening, illegal or anything in violation of export control law. Controversial use of the Service is a violation of these Terms and may result in JKonFX.com terminating Your account. You may also be subject criminal and/or civil liability.Please respect our rules and stick to them.
Unless you cancel your account within 2 hours before the end of the conclusion of Your current Subscription Term (or any subsequent renewal term) that You do not intend to renew Your subscription, You will be enrolled into an automatic renewing cycle for the same term at the conclusion of the Subscription Term. This applies to all Subscription Plans involving payment, and works the same for both monthly and annual renewals.
We reserve the right to change the pricing at any time by either increasing or decreasing the amount. Users who are already on a plan will not be charged anymore or less, unless they change their own subscription plan which can be found in the user's account settings.
If You decide to change to another Subscription Term, You will be billed for the rest of the billing month at the higher Subscription Term rate.
You can make advance annual or periodic payments. Advance and/or periodic payments are not refundable should you wish to cancel your use of the Service for any reason. At the end of each one-month term, your contract will be automatically renewed until you exercise your right to cancel it. This can be done up to one hour before the end of the contract term for us to process the request and ensure that you are not billed for an extra month.
If we are unable to bill Your payment card, we will notify You that You need to update Your card details on the website, otherwise You risk having Your account suspended. We will attempt to bill the user for three consecutive days. At the beginning of the fourth day, we will disable Your account. The Your account will remain in our database for our accounting purposes. You may wish to reactivate Your account at a later date.
Termination of Your Account
Please see the Cancellation Policy for requirements on terminating your account. It is your sole responsibility to terminate your account if You no longer wish to have a Subscription.
Refunds of Fees
Please see the Refunds Policy.
A JKonFX member can refer new members to the site using their unique ID. Credit is applied to the referring user's account upon a successful transition of the referrals trialing, to paying their first invoice. The referrer can accumulate credit which is deducted off their own membership invoice(s) up until the credit amount has been reset to zero. A referrer is not allowed to refer themselves, create multiple accounts or try to deceive the system into giving excess credits. We reserve the right to suspend the referral system for a user if they abuse the system or ban them entirely if they persist.
Once a user reaches 100 successful referrals, they will receive a complimentary JKonFX PRO membership, free for life. This membership is not transferable to another person or business.
The referral system does not pay out a cash sum. Any "credit" in your JKonFX.com account cannot be used for any other payments to third parties.
Through out the website we provide options to "delete", "destroy", "clear" or "remove" data or similar related actions. They are red buttons so they are clear. If a user chooses to click one of these buttons, the user will be prompted for confirmation (we know people sometimes press buttons they don't mean to). If the user accepts the confirmation "Yes" or "OK", all of the associated data within the object will be permanently deleted and cannot be retrieved. This is for the user's peace of mind that if they want to remove some data, it really will be removed. We do keep some interim backups of data but this is only available for side wide issues such as hardware failure and corrupt data. See Backing Up for more details.
We will securely backup our database and filesystem on a regular basis. We will only perform a restoration from a backup in the event of a hardware failure or data that has been corrupted and no longer retrievable. We will not perform restorations of projects for users in the event that they delete their projects or data. We keep a maximum of 10 backups which are archived. When a new backup is created, the eldest backup from the 10 is then deleted.
Data We Keep
If a user decides to cancel their account, we will keep data any billing information associated with the account so that can process our own account information.
DISCLAIMER OF WARRANTIES
REMEMBER OUR IDEAS ABOUT TRANSPARENCY? UNLIKE MOST DISCLAIMERS, WE THOUGHT WE’D PUBLISH THIS IN UPPERCASE. USERS OF JKONFX.COM USE THE SERVICE AT THEIR OWN RISK. JKONFX.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND THE WARRANTY OF NON-INFRINGEMENT. WE ENDEAVOUR TO KEEP THE SERVICE BUG-FREE AND SECURE, BUT JKONFX.COM CANNOT ENSURE CONTINUOUS, ERROR-FREE, VIRUS-FREE, SECURE OPERATION OF THE SERVICE OR YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE NOT ENTITLED TO MAKE ANY CLAIM BASED ON CENTRAL VENTURE’S FAILURE, IRRESPECTIVE OF FAULT, TO PROVIDE ANY OF THE FOREGOING. TO REITERATE, YOU USE THE SERVICE AT YOUR OWN RISK.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF PARTICULAR WARRANTIES, AND THUS, THE FOREGOING DISCLAIMERS MAY NOT BE APPLICABLE. IF YOU LIVE IN A JURISDICTION THAT REFUSES ENFORCEABILITY OF THE FOREGOING DISCLAIMERS, JKONFX.COM DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, TO THE EXTENT PERMITTED BY LAW.
Limitation of Liability
JKONFX.COM HOLDS NO LIABILITY TO THE USER OR ANY THIRD PARTIES FOR DAMAGES, INCLUDING (BUT NOT LIMITED TO) DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF PROFITS OR LOSS, CORRUPTION AND/OR ALTERATION OF DATA) ARISING OUT OF OR IN ANY WAY RELATED TO YOUR DATA AND/OR YOUR USE OF THE SERVICE AND/OR YOUR ACCOUNT, WHETHER IN AN ACTION IN CONTRACT, TORT, EQUITY OR OTHERWISE.
USERS UNDERSTAND AND AGREE THAT JKONFX.COM REQUIRES VOLUNTARY ENGAGEMENT IN INTERNET USE AND BEARS THE RISKS ASSOCIATED WITH THAT ACTIVITY. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR MACHINE OR DATA THAT RESULTS FROM SUCH ACTIVITY. UNDER NO CIRCUMSTANCES WILL JKONFX.COM HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR UNAUTHORISED ACCESS TO OR USE, ALTERATION, CORRUPTION, THEFT OR DESTRUCTION OF YOUR DATA AND/OR YOUR ACCOUNT.
IF THE USER RESIDES IN A JURISDICTION THAT DOES NOT RECOGNISE THE ENFORCEABILITY OF THE FOREGOING PROVISION, JKONFX.COM’ LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT OUTLINED BY THE LAW OF THAT LOCAL JURISDICTION.
You agree to indemnify, defend and hold harmless JKonFX.com from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from or related to Your data, Your use of the Service and/or any breach of these Terms by You and third parties that Your data or Your use of the Service causes violation or misappropriation to any of their Intellectual Property Rights or discloses their Proprietary Information.
Termination of Service
JKonFX.com reserve the right to terminate Your account at any time and for any reason as permitted by law. To this end, We may remove accounts and content (in our discretion) to be unlawful, damaging, threatening, defamatory, offensive, obscene material. In this event, You will lose all data related to Your Account. Accounts terminated by JKonFX.com are not be stored for any reason and will be fully terminated from JKonFX.com servers. In the event that You may terminate Your account before the paid term has expired, JKonFX.com will not issue any refunds of monies paid.
You acknowledge and agree that JKonFX.com owns all right, title and interest in and to the Service, including (without limitation) all intellectual property rights. You understand and agree that You will not copy, reproduce, alter, reverse engineer, clone, or modify the Service or create plagiarised or derivative works from the Service.
Neither party shall be responsible for any failure to perform, or delay in performing any of its obligations under these Terms, where and to the extent that such a failure or delay results from causes outside the control of such party. Such causes shall include, without limitation, failures caused by a third-party service, acts of God or of the public enemy, acts of the government in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, freight embargoes, strikes, civil commotion or the like.
Special Admonitions for International Use
Considering the worldwide nature of the Internet, You will comply with all local applicable laws regarding the transmission of data or information exported from the country in which you reside.
Dispute Resolution by Arbitration
Choice of Law
You agree that all disputes related in any way to or arising from Your use of the Service shall be governed, without respect to conflict of law principles, by the laws of England and Wales.