C8KE Inc. ("C8KE," "we," "us," "our") owns and operates the website www.c8ke.com, ]the corresponding mobile application (hereinafter referred to collectively as the "Platform"), title C8KE App (Hereinafter, "App"), and any other software, tools offered by C8KE (the "Services").
By accessing or using any of our Services, you agree to be bound by these terms and conditions (the "Terms of Service"), and C8KE’s privacy policy located at https://www.c8ke.com/web/index/privacy.html ("Privacy Policy") which are incorporated herein by reference (together, the "Agreement"). Your use of the Services is expressly conditioned upon your assent to all of the terms and conditions of this Agreement, including the arbitration clause and class action waiver described in Section 14 below to resolve any disputes with C8KE (except for matters that may be taken to small-claims court). If you do not agree to any of these terms and conditions, then please do not use our Services.
C8KE is a lifestyle social network that aims to provide community members (hereinafter, the "Users") a platform and method for sharing photos containing clothes, accessories, beauty & cosmetics products, home & decor products, food & meal kits, travel booking information, etc. and comments about them, with the intention of sharing decisions to purchase with other users through a simple and intuitive access to online stores and brands.
The present Terms of Use are intended to regulate the terms and conditions that apply to the provision and management of information provided through the platform and the services offered by C8KE. These conditions incorporate our privacy policy, accessible on the application found in the Preferences section of the Platform.
To be a user of the platform it is essential that the following requirements are met:
Truthfully complete the required fields on the registration form, in which personal data such as name and email address, and/ or Instagram or Facebook account are requested.
Accept the present Terms of Use (including our Privacy Policy), expressed through proceeding with the registration on the Platform.
Provision of services by C8KE is free for all Users. However, some of the services provided by the provider through the application are subject to the payment of a specific price in these general terms and conditions of business.
In the case where it is estimated that a user may be under 18 years old, C8KE reserves the right to require that the user provides evidence to society that he/she does have the age, if not and is less, the expressed permission of their parents or legal guardians to accept these Terms of Use and perform all actions that are available to them on the Platform.
The User guarantees that all data concerning the identity and legitimacy provided to C8KE on their registration forms of the Platform are truthful, accurate and complete. Also, commits to keeping the data updated at all times. In the event that the User provides any false, inaccurate or incomplete data or if C8KE considers that there are grounds to doubt the truthfulness, accuracy and completeness of these, C8KE may deny access and present or future use of the platform or any of its contents and/ or services; likewise terminating the User and cancelling the account.
If the user subscribes through an account other social network / portal or internet service, he/she accepts the validity and effectiveness of all communications sent by C8KE to that account.
When registering on the Platform the user selects a user name and a password in the case of not registering through an existing social media account (currently Instagram or Facebook). If you register with a social media account you must allow the platform to access account information and you must choose a username (username) on the Platform.
Both the username and password, as the data of the social media account you use to access the platform (usually username, password and e-mail used to access said account) are strictly confidential, personal and non-transferable (collectively the "Access Keys"). The User agrees not to disclose these access keys or make them accessible to third parties. Since C8KE cannot guarantee the identity of registered users, the User shall be solely liable for use of Access Keys by third parties, including the findings made on the Platform or through the Platform, or any other action that is carried out by using the access keys.
Users are obliged to promptly disclose to C8KE the theft, disclosure or loss of the access keys, corresponding with C8KE via the email support@c8ke.com
Once registration is completed, any user can access his/her profile and complete and/ or edit as it deems appropriate, provided it complies with these present Terms of Use.
In order to unsubscribe, you can go directly to the application at any time, enter into the section "profile, options, edit profile" and choose the option to unsubscribe.
In case the previous option is not enabled or does not work for any reason, you can also revoke your consent at any time by sending an email with the subject "User Drop" to support@c8ke.com, including in the content of the email the username (username) and the email or username of the social network that you used when registering with the Platform.
C8KE may suspend or terminate a User (and therefore choose to suspend or terminate this contract) (i) immediately if the user fails to comply with any requirement of the Terms of Use or (ii) immediately if C8KE stops providing the services offered through the Platform or (iii) if the user is idle for more than 6 months (in the latter case, you will be notified in writing 15 days before cancellation) (iv) any time and without stating any cause (by written notice sent 30 days prior to cancellation or suspension).
The fact that a user is unsubscribed or the user him/ herself unsubscribes involves the termination of the Terms of Use (although certain clauses may continue to have legal implications depending on the nature of such).
In the event of contract termination, the User agrees to (a) remove any copies they have of the implementation of the Platform and (b) to discontinue their use of the Platform. In addition, access to the User Account and all its contents will be deactivated and its contents removed, unless there are backups kept (which are used exclusively for data recovery or "back up" and legal defence within the interests of C8KE).
Users are solely responsible for the access to and proper use of their profile and other contents on the Platform, subject to the law, whether national or international, as well as the principles of good faith, morals, good customs and public order. Specifically but without limitation, they agree to diligently observe these Terms of Use.
Generally, users will refrain from using their profile and the remaining content and services of the Platform, for purposes or effects (a) other than to share photos, opinions and purchasing decisions on garments, clothing and fashion or (b) are unlawful or harmful to the rights and interests of others, or in any way damage, disable, affect or impair the Platform, its contents and services. It is also prohibited to use the platform in any way that prevents or hinders the proper functioning of the Platform or the normal use or enjoyment of the Platform to other users.
Users hereby agree to (including but not limited to):
Provide accurate and updated information, in any communication with C8KE or any content or information communicated on the Platform.
Not use personal data – whether the users own or third party- containing sensitive information relating to identified or identifiable individuals, such as: racial origin; union membership; religion, ideology or sexual orientation; health data; or data relating to criminal records, procedures and sanctions or fines arising thereof or breaches of monetary obligations.
Not use false identities or impersonate others in the use of the Platform or using any services thereof. Not use the Platform for illegal or unauthorized purposes.
Not host, store, disclose, publish, distribute or share any content that may involve unlawful interference in or violation of any form of fundamental rights to the honour, image and personal and family privacy of third parties and, especially of underage persons.
Not publish on the platform any comments or information that is illegal, racist, xenophobic, obscene, pornographic, abusive, defamatory, misleading, fraudulent or otherwise contrary to morality or public order.
Do not alter or modify the Platform, in whole or in part, circumventing, disabling or manipulating any other functions or services of the same.
Abide by our Privacy Policy and not infringe the rules governing the protection of personal data.
Not enter, store or transmit through the platform any content that infringes industrial property rights and/ or intellectual or confidential information from third parties, or in general any content that does not hold, in accordance with the law, the right to make it available to third parties.
Not use the platform to injure, defame, intimidate, violate the self-image of or harass other users.
Not access the email accounts of other users.
Not enter, store or transmit via Platform any programs, data, code, computer viruses, corrupted files, or any other electronic or fixed devices that may cause damage or alterations in any of the computers, networks, contents or systems of C8KE, or any other users or third parties.
Not destroy, alter, use to use, disable or damage data, information, programs or electronic documents of C8KE, its users or third parties.
Will not send emails to other users for commercial purposes, or provide or send email addresses to third parties without their consent.
Refrain from fraudulent use of the reward system in order to obtain revenue from fake purchases, either through fake users or any forms of suspicious behavior.
Comply at all times with the advertising regulation, administrative regulations and advertising self-regulation along with not making "influential" comments contrary to lawful competition."
Those who violate such obligations shall be liable for any loss or damage incurred. To the maximum extent permitted by the relevant law, C8KE will not be responsible for any consequences or damages that may arise from such access or illicit use by third parties.
Access to the platform may be refused by C8KE to those users who, in any way, violate the obligations or violate these present Terms of Use or any other legal text included in the Platform, such as the Privacy Policy.
Users may post photographs, opinions and comments on the Platform ("User Content").
In accordance with the provisions above, the Users guarantee that User Content does not infringe any intellectual property rights, the moral rights of any person or entity, or any trademark rights, privacy or image; and that they have obtained all necessary authorizations from the models, as well as data releases for the purposes of advertising, commercial or business of a similar nature, in compliance.
Users expressly acknowledge and agree that C8KE does not monitor, edit or control the User Content.
Notwithstanding the foregoing, C8KE reserves the right to cancel, withdraw or not to publish, at any time and without notice to users, any User Content it deems, in its sole discretion, as unsuitable or that violates the present Terms of Use, the law or any rights of third parties.
Any User may inform C8KE when it considers that another user is violating these Terms of Use via email support@c8ke.com or by clicking the "Report" symbol and specifying the reasons why said photography or content specifically violates these present Terms of Use.
C8KE shall verify this report as soon as possible, and take the measures it deems appropriate, reserving the right to withdraw and/ or suspend any User of the Platform for breach of these Terms of Use. C8KE also reserves the right to withdraw and/ or suspend any User Content deemed illegal or offensive, without prior notice or subsequent notification.
C8KE offers the possibility to its users to be rewarded for generating content of interest to other users within the Platform.
To have the paid option , the user must have completed or be 18 years of age and / or have the right , capacity and legitimacy to consent to these present Terms of Use and to comply with them or, if they are under 18 , have completed or be over 14 years of age and ensuring C8KE ( a) of having the expressed permission of the parent or guardian to accept these Terms of Use and perform all actions that are at your disposal on the Platform and ( b ) that they will have such , expressed and written consent, on behalf of their parents or legal guardians reach them within less than 48h hours since C8KE requested it.
Users will be rewarded for purchases made by other users from the User content. The main factors governing the amount to be paid will be the price and product brand that has generated purchases. C8KE reserves the right to modify rewarding model at certain intervals, therefore when the user wishes to obtain accurate and current information they should consult the commercial details in these present Terms of Use.
The aggregate compensation can be found in the "Rewards" section of the preferences of each user account. Such aggregate compensation will be updated at least once a day in the C8KE User account.
In order to receive remuneration transfer, it will be necessary to exceed the total of 50 US Dollars. In the event that the user opts for the transfer of remuneration and the above conditions are met, the user shall be requested to provide the information necessary to effect the corresponding transfer.
Said transfer shall be effected solely via PayPal. Therefore, when the payment is to be made to the user, the user must have (or register for) a PayPal account to receive payment. Otherwise, C8KE not required to make any payments to said user.
The transfer costs via PayPal shall be borne by the user in all cases.
The User agrees to comply with the law regarding the taxation of the rewards obtained in C8KE. The User declares to be solely responsible for their taxation, therefore exonerates C8KE of any tax liability for the payment of remuneration derived.
C8KE undertakes to make quarterly payments of income tax on the total transactions in accordance with current legislation. To this end, C8KE requests personal user information, such as country of domicile, name, surname, ID number, Province, complete address in order to make the relevant declarations. This data will be used exclusively to meet tax obligations.
The User is responsible for furnishing the services and equipment required to connect to the Internet and to access the Platform. In the event of any incident or difficulty accessing the Platform, the User can report to C8KE via email at support@c8ke.com, which shall analyse the incident and give instructions to the user on how to resolve it as soon as possible.
C8KE will not respond in cases of service interruptions, connection errors, unavailability or deficiencies in accessing Internet services or interruptions of the Internet or for any other reason beyond its control.
C8KE reserves the right to terminate your access to the platform at any time and without notice, either for technical reasons, security, control, maintenance, by power failure or any other cause.
C8KE has no obligation to and does not control the use that Users of the platform make and therefore does not guarantee that users use the platform in accordance with the provisions of these present Terms of Use, or make diligent use and/ or prudent thereof. C8KE has no obligation to check and verify the identity of users or the accuracy, validity, completeness and/ or authenticity of the data they provide.
Consequently, C8KE is not responsible for the use that users make of the content of the Platform that may involve a violation of any rule, national or international, rights of intellectual property or any other third party rights. In particular, C8KE publishing cannot be held responsible, and expressly states that it is not identified with any of the User Content, the consequences of which are the sole responsibility of the issuer thereof.
To the maximum extent permitted by applicable law, C8KE excludes any liability for damages of any kind that may result from the illicit use of the Platform by Users or that may result from the lack of veracity, completeness and / or authenticity of the information that users provide to other users about themselves, including but not limited to damages of any kind that may be due to the impersonation of a third party by a User in any kind of correspondence via the Platform.
Users assume all liability for the use of the Platform, being solely responsible for any direct or indirect effect on the Platform derived, including but not limited to, all economic, technical and/ or legal aspects, and the failure to meet expectations generated by this platform, compelling the users to release C8KE of all liability for any claims arising directly or indirectly from such facts.
Notwithstanding the foregoing, C8KE reserves the right to limit, in whole or in part, access to the Platform to certain users, and to cancel, suspend, block or remove certain types of content, using suitable technological tools the effect, if it had actual knowledge that the activity or information stored is unlawful or harms property or rights of a third party or is fraudulent. In this regard, C8KE may implement the necessary filters to prevent that via our service, illegal or harmful content be posted on the Internet.
The provider is deeply committed to compliance with personal data protection regulations and hereby guarantees full compliance with the obligations set forth, as well as the implementation of the security measures provided for in the European Data Protection Regulation and the Spanish regulations for the protection of personal data. For more information, please see our Privacy Policy.
C8KE is the owner or licensee of all intellectual and industrial property including all of the content accessible on it and through the Platform, including but not limited to texts, images, photographs, graphic design, navigation structure, information, source code, databases and any other contents included in the Platform.
User authorization for access, use of the platform and the services offered therein do not imply any transfer of intellectual or industrial property on it or such content except as mentioned below.
C8KE grants the User a limited license to access and make personal use of the platform and the services offered therein, also to download the mobile application. Such license only grants the essential intellectual property rights for the purpose of complying with these Terms of Use (right of use and unique reproduction of the mobile application in a single backup device) it is non-exclusive, global and its duration is limited only to the validity of the contractual relationship with C8KE users under these Terms of Use.
Any user who proceeds to share User content through the platform guarantees (a) free licensing to C8KE and the users of the Platform, pertaining only to the intellectual property rights necessary for the purposes of the platform and also for advertising purposes, promotional, educational and/ or identification of the platform (rights of public communication, reproduction in the platform and transformation for the sole purposes of adaptation/ editing content on the platform) on a non-exclusive basis, globally and for the maximum legal duration of the rights granted (b) they hold the rights necessary to do so and (c) will release C8KE of any responsibility for the content and legality of the information published and shall compensate them in the event of the breach of this warranty.
On the Platform the User may find links to other websites operated by third parties. Establishing any links, redirections or associations ("links") to other websites (www) enabled from the Platform does not imply any kind of relationship, collaboration or dependency between C8KE and those responsible for the other websites and does not imply a guarantee to the user of C8KE of the content of said website.
If any of the clauses from these present Terms of Use should be nulled of full right or voidable, said condition shall be removed. Such a declaration of invalidity shall not invalidate the rest of the Terms of Use, which shall remain valid and effective.
C8KE reserves the right to modify at any time without prior notice, the structure, configuration and design of the platform as well as these present Terms of Use and Privacy Policy. Users should carefully read these Terms of Use to access the platform. In any case, browsing of and simple access to the Platform involves the acceptance of any amendment. An updated version of these Terms of Use will be available permanently on the Platform.
Also, C8KE reserves the right to make, at any time and without notice, upgrades, modifications or elimination of information contained in its platform in the configuration and presentation thereof along with the conditions of access, without assuming any responsibility for it. C8KE does not guarantee an interruption or error-free service when accessing the Platform or its content, nor that such information is always up to date, however, C8KE will perform, provided that no causes that make these impossible or difficult to execute and as soon as it becomes aware of the errors, disconnections or lack of updated content, all work required to correct such errors, restore communication and update contents.
The validity, execution and interpretation of these Terms of Use shall be governed in all respects by the Canada laws. In the event of any conflict or discrepancy in the interpretation or application of these present Terms of Use for use of the Platform, the case will be submitted to the Courts in Ontario, Canada.
You agree that any dispute, claim or controversy arising out of or in connection with the Services, C8KE, or this Agreement shall be determined by binding arbitration.
Arbitration uses a neutral arbitrator instead of a judge or jury, and is more informal than a lawsuit in state or federal court. Discovery in arbitration is more limited than is generally available in the courts and the arbitrator’s decision is also subject to very limited appellate review by the courts.
You also agree to waive the right to a trial by jury or to participate in a class action. These waivers are mutual as between you and C8KE, and C8KE waives its right to a trial by jury or to participate in a class action against you. This means that neither you nor C8KE can seek to assert class or representative claims against each other either in court or in arbitration and no relief can be awarded on a class or representative basis. The arbitrator also may not consolidate or join another person’s claim with your claim or issue an order that would achieve the same result. You and C8KE further agree that if the provisions of this paragraph are found to be unenforceable, then the entire provision compelling arbitration shall be null and void.
You also agree that all issues are for the arbitrator to decide. This includes all issues related to the scope, application, interpretation and enforceability of this Agreement and this arbitration provision. The arbitrator shall also decide whether any claim is subject to arbitration.
C8KE reserves the right to modify this policy in order to adapt it to any legislative or case-law changes.
In any case, any modification of the privacy policy shall be duly notified to users.