Terms and Conditions

Last Updated: 1/26/2025
Effective As Of: 1/26/2025

Welcome to Kinetik (“we,” “our,” or “us”). These Terms and Conditions (“Terms”) govern your use of our platform (“Platform”), including submitting to contests, posting challenges, and any associated services provided by Kinetik. By accessing or using our Platform, you (“User,” “Participant,” “Company,” or “Submitter”) agree to comply with and be bound by these Terms. If you do not agree with these Terms, you must not use our Platform.

1. Definitions

  • Kinetik: The entity providing this Platform, including all its representatives, employees, and associated affiliates.
  • User: Any individual or organization accessing or using the Platform, including Companies and Participants.
  • Company: An organization or entity posting challenges or contests on the Platform.
  • Participant: An individual or team submitting entries to challenges or contests.
  • Verified Challenge: A challenge for which payment has been made upfront by the Company and marked as verified by Kinetik.
  • Non-Verified Challenge: A challenge for which payment has not been made upfront, and Kinetik does not bear any payment liability.
  • Challenge: A contest, task, or problem posted by a Company for Participants to solve or complete.
  • Submission: Any material, idea, design, proposal, or content submitted by a Participant in response to a Challenge.

2. Platform Services

  • 2.1 Posting Challenges: Companies may post Challenges on the Platform after creating an account and agreeing to these Terms.
  • If a Company pre-pays the prize amount, the Challenge will be marked as a Verified Challenge. Kinetik will hold the funds in escrow and disburse payment to the selected winner upon confirmation.
  • For Non-Verified Challenges, Kinetik is not liable for prize payment; the Company bears full responsibility for paying the winner directly.
  • 2.2 Submitting to Challenges: Participants may submit entries to Challenges in accordance with the specific rules and requirements provided for each Challenge.
  • By submitting, Participants agree to transfer any intellectual property rights of their Submission to the Company if selected as the winner, unless explicitly stated otherwise in the Challenge terms.
  • Participants acknowledge and agree that their Submissions may be reviewed, shared, or otherwise made visible to the Company and Kinetik staff for evaluation purposes.
  • 2.3 Data Storage: All data, including Submissions, will be stored indefinitely on Kinetik’s systems and may be used for research, marketing, or other purposes by Kinetik.
  • Participants may request deletion of their personal information by emailing info@kinetikgigs.com. Kinetik will process such requests at its earliest convenience, though backups and residual data may persist.
  • 2.4 User Verification: Kinetik reserves the right to verify the identity of Users, including Companies and Participants, at any time. Failure to provide requested verification documents may result in account suspension or termination.
  • 2.5 Third-Party Integration: The Platform may integrate with third-party tools or services for payment processing, user authentication, or other functionalities. By using the Platform, Users agree to the terms and conditions of these third-party providers as applicable.

3. Payment and Refunds

  • 3.1 Verified Challenges: Payment for Verified Challenges must be made upfront by the Company before the Challenge is published.
  • Kinetik will hold funds in escrow until the winner is selected by the Company.
  • No refunds will be provided under any circumstances, including but not limited to the Company not selecting a winner or being dissatisfied with Submissions.
  • 3.2 Non-Verified Challenges: Non-Verified Challenges are posted without upfront payment, and the Company is solely responsible for paying the prize to the winner.
  • Kinetik disclaims any liability for payment or enforcement of payment agreements for Non-Verified Challenges.
  • 3.3 Payment Disputes: Any disputes regarding payments for Verified or Non-Verified Challenges must be addressed between the Company and the Participant. Kinetik may facilitate communication but is not responsible for resolving disputes.

4. User Obligations

  • 4.1 Companies:
    • Ensure all posted Challenges comply with applicable laws and do not infringe on third-party rights.
    • Select a winner within the timeline specified in the Challenge unless otherwise agreed.
    • For Non-Verified Challenges, make timely payments to the winner directly.
  • 4.2 Participants:
    • Ensure that all Submissions are original, do not violate any third-party rights, and comply with Challenge rules.
    • Report all prizes received through Kinetik on their taxes as required by local laws.
    • Avoid submitting content that contains malicious code, infringes intellectual property rights, or violates any applicable laws.
  • 4.3 General:
    • Do not use the Platform for illegal, fraudulent, or unauthorized purposes.
    • Notify Kinetik immediately of any unauthorized use of accounts or security breaches.
    • Users must maintain the confidentiality of their account credentials and are fully responsible for all activities occurring under their accounts.

5. Intellectual Property

  • By submitting to a Challenge, Participants grant the Company a license to use, modify, and commercialize the Submission if chosen as the winner.
  • Kinetik retains the right to use Submissions for promotional, research, or other purposes unless the Participant’s information is deleted upon request.
  • Kinetik owns all rights to content and materials on the Platform, including but not limited to software, designs, and trademarks.
  • Users may not copy, reproduce, or distribute any content from the Platform without explicit permission from Kinetik.

6. Limitation of Liability

  • Kinetik is not liable for:
    • The quality or legality of Challenges or Submissions.
    • Payments for Non-Verified Challenges.
    • Delays, errors, or interruptions in Platform services.
    • Loss of data due to system failures, unauthorized access, or other technical issues.
  • Maximum liability to any User for any claim is limited to the amount paid to Kinetik for the service in question.

7. Indemnification

  • Users agree to indemnify and hold Kinetik harmless from any claims, damages, losses, or expenses arising from their use of the Platform, violation of these Terms, or infringement of any third-party rights.
  • This indemnity extends to reasonable attorneys' fees and court costs incurred by Kinetik.

8. Privacy Policy

  • Kinetik collects and processes personal data in accordance with its Privacy Policy, which is incorporated by reference into these Terms.
  • Users consent to the storage and use of their data as described herein.
  • The Platform employs reasonable security measures to protect User data but does not guarantee absolute security.

9. Dispute Resolution

  • Any disputes will be resolved through binding arbitration conducted under the rules of [Arbitration Institution], with the venue located in [Jurisdiction].
  • Users waive their rights to class-action lawsuits.
  • Prior to arbitration, Users are encouraged to attempt to resolve disputes amicably by contacting Kinetik.

10. Modifications to Terms

  • Kinetik reserves the right to modify these Terms at any time. Changes will take effect immediately upon posting on the Platform.
  • Continued use of the Platform after modifications indicates acceptance of the updated Terms.
  • Material changes will be communicated to Users via email or Platform notifications where possible.

11. Termination

  • Kinetik reserves the right to terminate any User account or access to the Platform for violations of these Terms or misuse of the Platform.
  • Termination does not relieve Users of any obligations accrued prior to termination.
  • Users may terminate their accounts by contacting Kinetik, but Submissions already provided to Challenges will remain subject to these Terms.

12. Governing Law

  • These Terms are governed by the laws of [Jurisdiction], without regard to its conflict of law provisions.
  • Users consent to the exclusive jurisdiction of the courts located in [Jurisdiction] for resolving disputes not subject to arbitration.

13. Taxes and Reporting

  • Participants are responsible for reporting and paying all applicable taxes on prizes or payments received.
  • Kinetik may issue tax forms or statements as required by law but is not responsible for Participants’ tax compliance.
  • Companies are responsible for withholding and reporting taxes on prize disbursements where applicable.

14. Miscellaneous

  • These Terms constitute the entire agreement between Users and Kinetik, superseding any prior agreements.
  • If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in effect.
  • Failure to enforce any right or provision by Kinetik does not constitute a waiver of such right.
  • Users agree to receive electronic communications related to their use of the Platform, including updates to these Terms.

15. Contact Information

  • For questions or concerns, please contact Kinetik at:
  • Email: info@kinetikgigs.com

By using the Platform, you acknowledge that you have read, understood, and agree to these Terms and Conditions.

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