kliggit global terms of service and use for all users

Last updated: July 14, 2021

Welcome
Welcome to the kliggit experience. Thank you for using the website, mobile or other applications on our platform and the products, services and features we provide (collectively, the “Site”).

Our Site
kliggit provides a space to discover and engage other users, to show and share your value and experience with your local community or worldwide, through kliggit TalkTimes or other services and features we may offer.

Terms and Use
PLEASE READ THESE TERMS. THIS IS A BINDING CONTRACT. YOUR USE OF THE SITE OR BY CLICKING “I ACCEPT” SIGNIFIES YOUR BINDING AGREEMENT TO THESE TERMS, INCLUDING ANY MODIFICATIONS BY KLIGGIT. IF YOU DO NOT AGREE TO OUR TERMS, DO NOT ACCESS OR USE OUR SITE.

If you are under age 18 (and are otherwise permitted under Section 2 below), you only may use the Site with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you.

LIMITATION OF RIGHTS NOTICE: Sections 17 and 18 of these Terms contains provisions governing how claims you and kliggit have against each other are resolved (including limits of our liability and where claims may be litigated), including any claims that arose or were asserted before the “Last Updated” date at the top of these Terms. Please read those Sections carefully.

  1. Definitions In the Terms of Service or Use:
    • "We", "Our", "Us" refers to kliggit.
    • "kliggit" refers to kliggit, Inc. and any subsidiary, parent or affiliated company.
    • "kliggit Party" refers to kliggit parent company, subsidiaries, affiliates, officers, employees, directors, shareholders, agents, partners, vendors, and licensors (collectively, “kliggit parties”).
    • "Site" refers to access to our website (kliggit.com), mobile or other applications on any platform ("App"), and services we provide through them.
    • "You" means you as a user of our Site.
    • "TalkTime" refers to recorded face-to-face live video/audio chat through the kliggit platform (also known as an "Event").
    • "Content" means any material uploaded to our Site by any User (whether a Creator or Guest), including any TalkTime (and video, audio, or other recording of the TalkTime), including any videos, photos, GIFs, audio files, livestream material, data, text (such as comments, reviews, and hashtags), metadata, images, interactive features, emojis, memes, graphics, and any other.
    • "Creator" means a User who has registered a kliggit account and creates or lists TalkTime Events or other services on our site for other Users to book.
    • "Guest" means a registered kliggit User who follows, purchases or books from, or otherwise engages with a Creator and accesses our Site.
    • "Purchaser" is a User who purchases TalkTimes or Events or other services and products on our Site.
    • "Payment" means any and all payments made through our Site by a Guest or other User including payments for TalkTimes or Video/Recordings of TalkTimes, for interaction with the Creator, to procure new Content from the Creator, and any tips paid by a User to the Creator.
    • "Submission" means any Content or data posted, uploaded, or otherwise submitted to our Site, including a video, idea, intellectual property, photo, email, text, post, or other communication, whether relating to you, or a third party.
    • "Terms of Service and Use" (also called "Agreement" or "Terms") means the legally binding agreement between you and us which consists of: (i) these Global Terms of Service and Use for all Users, (ii) Terms of Use for Creators, (iii) Privacy Policy, (iv) Grievance Policy, and (v) kReserve Terms of Use.
    • "User" means any user of our Site, whether a Creator or a Guest (registered account on kliggit) or both.
    • "Offering" means any TalkTime or Event, access to Creators, merchandise, or any service or product offered through our Site.

      LIMITATION OF RIGHTS NOTICE: Sections 17 and 18 of these Terms contains provisions governing how claims you and kliggit have against each other are resolved (including limits of our liability and where claims may be litigated), including any claims that arose or were asserted before the “Last Updated” date at the top of these Terms. Please read those Sections carefully.
  2. Registration To use our Site you must register and create a User account. You must provide a valid phone number and email address, being prompted to create a password with your email, where you will then be able to edit your username. Your password should be unique and must comply with the technical requirements of our Site. To register as a User:
    • You must be at least 13 years old (you will be required to confirm this);
    • If you are under 18, you may only use the Site with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you;
    • You agree not to create a Site account using a false identity or providing false information;
    • You must not be barred from accessing our platform under any laws which apply to you; and
    • If you are using the Site on behalf of a business or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.
    • If you do not meet these requirements, you must not access or use our Site.
  3. Changes We may update and change our Site occasionally for any reason, including changes to our services, for Users' needs, and to improve performance, enhance functionality, for security or other issues. We will try to give you reasonable notice of major changes. We do not guarantee that our Site, or any Content on it, will always be available or accessible without interruption. We may suspend or restrict the availability of our Site for operational reasons. We may change or suspend or withdraw our Site from any platform at any time without notice.
  4. kliggit TalkTimes, Videos/Recordings, Other Content.
    • Through our Site, you may purchase TalkTimes from Creators (individuals or businesses), celebrities, athletes, actors, performers, artists, influencers, and others (each, a “Creator”). You may purchase a kliggit TalkTime (or Event) from a Creator for you or a third party.
    • You acknowledge and agree that the Creator has sole discretion to determine how, or whether, to fulfill your request and the Content of the kliggit TalkTime created. We reserve the right to reject any purchase or request in our sole discretion.
    • kliggit TalkTime (and any recordings of them through audio or video) are licensed, not sold. You are purchasing the right (or license) to access the Creator and any related public Video/Recording, not the actual kliggit TalkTime or Video/Recording itself.
    • Subject to your payment in full, the Creator grants you the limited rights described in Section 12 below.
    • You may not sell, resell, commercialize, or encumber your rights in any kliggit product or service (including kliggit TalkTime Video/Recordings), including creating a non fungible token (“token”) from any kliggit product or service except as agreed by kliggit in writing.
    • You may use a kliggit TalkTime Video/Recording only as set forth in these Terms. We may terminate all or part of any licenses at any time for any reason. We reserve the right to remove a kliggit TalkTime Video/Recording from our Site at any time for any reason without any notice to you.
    • Scheduling Intervals. Two-minute gaps are required in between Events. Therefore, a User is not allowed to schedule Events “back-to-back” or within one minute of each other.
    • If a TalkTime is canceled, the booked Guest will be removed from the TalkTime and the TalkTime will be re-listed for public availability.
    • If a TalkTime is deleted by the Creator, it is removed and the Event is unavailable for purchase.
    • A snapshot is taken randomly during the TalkTime for the video thumbnail, but the creator can choose both profile images as an alternative thumbnail.
    • The public video is posted on both the Creator and Guest’s profiles for other Users to engage with.
    • Public TalkTime Events: Uploaded to both the Creator’s and Guest’s profiles for other Users to view and engage with.
    • Private TalkTime Events: Only viewable by the Creator and Guest on respective profiles.
    • The TalkTime video recording and countdown will not begin until the Creator has joined the Event.
    • kliggit reserves the right to refund the Guest if the Creator misses any duration of the Event. To receive this refund, the Guest must report the Event under the Grievance Policy atgrievance@kliggit.com.
    • Guaranteed Exposure Period. (i) All public events are required to live publicly on the Creator’s profile for a total of 28 calendar days from the time the video is uploaded; and (ii) The creator will have the ability to remove a public video from their profile after 28 days. This allows the Guest and other Users to experience and engage with the Content and may provide opportunities for future engagement or Events.
  5. Organization (or Business) kliggit TalkTime and Videos/Recordings.
    • Some Creators are a commercial entity, brand, or business ("Organization") in the United States and may offer kliggit TalkTimes through our Site. Each Organization kliggit TalkTime is transactional and private in nature and any use or dissemination is restricted by the Creator, unless agreed otherwise.
    • No other use is authorized under these Terms. To request other uses (for example, use on additional websites, social media accounts, or electronic communications) contact us atcreator@kliggit.com.
    • Business Creators may require additional terms and restrictions on your use of any Business kliggit TalkTime, including confidentiality and restrictions on any further dissemination of any Business kliggit TalkTime and Video/Recordings of them. Such terms are in addition to, and not in place of, these Terms, as set forth in Section 7 below.
  6. Acknowledgements. You acknowledge and agree that:
    • You will make sure that all information which you submit to us is truthful, accurate and complete.
    • You will update your User information promptly when it changes.
    • You have not been prohibited from using or accessing any aspect of our Site by us or pursuant to any applicable law or regulation.
    • You consent to receiving communications from us electronically, including by emails and messages posted to your kliggit account, and to the processing of your personal data as more fully detailed in our Privacy Policy.
    • You will keep your account/login details confidential and secure and you will not disclose these to anyone else. You will contact us at report@kliggit.com promptly if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security.
    • You are responsible for all activity on your account even if, contrary to these Terms, someone else uses your account.
    • Content is the responsibility of the Creator or person or entity that provides it to the Site. We are under no obligation to host or provide Content. Any User may report Content believed to violate any of these Terms atreport@kliggit.com.
    • You will comply in full with these Global Terms of Service and Use for all Users, and all other parts of the Terms which apply to your use of our Site.
  7. Additional Terms. Some products or services offered through the Site may have additional terms (“Additional Terms”). If Additional Terms apply, we will provide them to you with that product or service. By using that product or service, you agree to the Additional Terms. If the Additional Terms conflict with these Terms, these Terms will govern unless the Additional Terms say that some of these Terms are modified or don’t apply (such as licenses, permitted uses, and cancellations).
  8. Fees and Payment. You agree that:
    • The fee for a kliggit TalkTime or other offering is specified on the Creator’s booking page on our Site when you make your purchase request. You agree to pay all amounts due with the payment terms in effect when you submit your purchase request, or purchase merchandise, including any applicable service, transaction, or processing fees.
    • All transactions are in U.S. dollars (“USD”) unless otherwise specified at point of purchase.
    • You may request a kliggit TalkTime by using a valid payment card through the applicable third party payment provider (for App in iOS, Apple’s in-app payment system, and for other parts of our Site, the payment provider we select).
    • You must provide the third party payment provider with valid payment information (Visa, MasterCard, or other issuer accepted by the payment provider). You acknowledge and agree that kliggit does not operate, own, or control the payment provider. Your use of your payment card is governed by your agreement with and the privacy policy of the payment provider (including in-App purchases for iOS and Android), not these Terms. You agree to immediately notify the payment provider of any change in your billing address (or other information) for your payment card. You may not return or exchange a kliggit TalkTime and no refunds will be issued, except as set forth in subsection (i).
    • If the Offering permits, you may designate an additional amount as a “tip” to the Creator. You acknowledge that we mandate no tip or gratuity. However, any tip is non-refundable and must be at least U.S. $5.00. You agree to pay any amount you authorize as a tip.
    • We reserve the right (but are under no obligation) to cancel your kliggit TalkTime request if your payment method is declined or you have previously been banned or removed from our Site for any reason.
    • Free TalkTime. Every User will be limited to five minute TalkTimes if the TalkTime is not sold at a minimum of U.S. $1.00 per minute.
    • Cancellation/Partial Cancellation Policy – TalkTime. You agree the following governs any cancellations:
      • (i) For a Guest, booked events must be canceled at least two calendar days (48 hours) before the scheduled event or the Guest will be charged 25% of the Event fee.
      • (ii) If the Guest does not show up to the Event without canceling, the Guest will be charged the full Event fee.
      • (iii) If the Guest cancels within 12 hours of the event, the guest will be charged 50% of the Event fee.

      • (iv) If a Creator fails to cancel a booked Event at least two calendar days (48 hours) before the scheduled event the Guest will have the ability to rate and leave a review of the Creator.
      • (v) If a Guest leaves early, the Creator still receives the total amount of funds.
      • (vi) If a Creator leaves early, the Creator does not receive any funds and the Guest is refunded the total amount.

      • Refunds. You agree that:
      • (i) You may request a refund, under the Grievance Policy, if the Creator is late or has poor connection or the Creator otherwise violates these Terms.
      • (ii) We will attempt to process your request within 7-14 days.
      • (iii) If your request is approved, you will receive a total or partial refund based on the level of violation of these Terms, at our discretion.
  9. Prohibited Conduct and Content. You agree the following conduct or Content is prohibited:
    • Any graphic, pornographic, or other explicit sexual content.
    • Any harassment or bullying, whether on the basis of race, color, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, military status, or any other reason.
    • Content that includes graphic violence, threats, hate speech, or incitements to violence d. Use of the Site for any purpose that is illegal or prohibited in these Terms.
    • Use any robot, spider, crawler, or other automated means or interface to access the Site or extract other Users’ information.
    • Use or development of any third party applications that interact with the Site or other User’s content or information without our written consent.
    • Use that damages, disables, overburdens, or otherwise impairs the Site.
    • Use of another User’s account, username, or password or to request login information from another User.
    • The upload or viruses or other malicious code to the Site or any use that otherwise compromises the security of the Site.
    • Access areas or features of the Site without the required authorizations. k. Promote any activity that violates these Terms.
    • Any Screen-recording, screenshots, or other recording of private TalkTime, without the Creator’s written consent.
  10. Our Rights. We have the right to:
    • We can, but are not obligated to, moderate or review any Content to verify compliance with these Terms and/or any applicable law.
    • We may suspend access to any Content you post on our Site which may not comply with the Terms or any applicable law while we investigate. If we suspend access to any of your Content, you may request a review of our decision by contacting us at contact [review@kliggit.com].
    • After investigation, we may take any action we consider appropriate, including to reinstate access to the Content or to permanently remove or restrict access to the Content without your consent or prior notice. You agree that you will at your own cost promptly provide information and assist our investigation. We will not be responsible for any loss suffered by you arising from the suspension of access to your Content or any other steps which we take in good faith to investigate your Content under this section.
    • If we suspend access to or delete any of your Content, we will notify you via email or electronic message to your kliggit account. We are not obligated to give you prior notice of such suspension or removal.
    • We reserve the right in our sole discretion to terminate your agreement with us and your access to our Site for any reason.
    • We can suspend access to your User account or terminate your agreement with us and your access to our Site immediately and without prior notice if:
      • (i) If we think that you have or may have seriously or repeatedly breached any part of the Terms or if you attempt or threaten to breach any part of the Terms in a way which, in our opinion, has or could have serious consequences for us or another User; or
      • (ii) if you take any action that in our opinion has caused or is reasonably likely to cause us to suffer a financial loss or that otherwise harms our reputation.
    • During any period when access to your User account is suspended, any Guest Payments which would otherwise be due during the suspension also will be suspended, and we may withhold all or any part of the Creator Earnings due to you but not yet paid out under Section 3 of the Terms of Use for Creators.
    • Upon termination of your account, we may deal with your Content in any appropriate manner under these Terms, including our Privacy Policy, (including by deleting it). You will have no access to your Content following termination of your account.
    • We will investigate any suspected or alleged misuse, abuse, or unlawful use of our Site and cooperate with law enforcement agencies in any investigation.
    • We can disclose any information or records in our possession or control about your use of our Site to law enforcement agencies in connection with any law enforcement investigation of any suspected or alleged illegal activity, or in response to a court order.
    • We can change the third-party payment providers that we use. We will notify you of any change and store applicable details on your kliggit account.
    • Other than Content (which is owned by or licensed to Creators), all rights in and to Content and its entire contents, features, databases, source code and functionality, are owned by us and/or our licensors. Such material is protected by copyright, and may be protected by trademark, trade secret, and other intellectual property laws.
    • We are the sole and exclusive owners of any and all data relating to your use of our Site and such data can be used by us for any purpose subject to our Privacy Policy.
  11. Limitations on our Responsibility:
    • You acknowledge and agree that your use of our Site is at your own risk. We do not authorize or approve Content and views expressed by Creators and Guest Users, and they do not represent our views.
    • Except for those expressed in our Terms, we do not grant you any rights in relation to Content.
    • All Content is created and provided by Users or third parties, not by us. We are not responsible for reviewing or moderating Content, though we may at our discretion. We are under no obligation to monitor Content or to detect breaches of these or any other Terms.
    • You agree that you have no obligation to follow any suggestions, comments, reviews or instructions received from another User. If you do, you do so at your own risk.
    • You acknowledge and agree that any kliggit Party will have no liability for any: (i) errors, mistakes, or inaccuracies of Content; (ii) personal injury, property damage, or other harm resulting from your access to or use of our Site; (iii) any unauthorized access to or use of our Site (or platforms hosting our Site), any personal information, or user data; (iv) any interruption of transmission to or from our Site; (v) any viruses, trojan horses, malware, or the like that may be transmitted on or through our Site; or (vi) any damages, losses, costs, expenses, or liabilities of any kind incurred as a result of any content posted or shared through our Site.
    • The materials and Content we make accessible on our Site for Users are for general information only. You acknowledge and agree that when using our Site, you will be exposed to Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, legality, or intellectual property rights of or relating to any such content. We make no promises or guarantees about the accuracy or otherwise of such materials and Content. You further understand and acknowledge that you may be exposed to Content that is offensive, indecent, objectionable, or harassing, and you agree that you hereby waive any legal or equitable rights or remedies you have or may have against kliggit with respect to such Content.
    • To the fullest extent permitted by law, you acknowledge and agree that in no event will any kliggit Party be liable to you or to any third party for any indirect, special, incidental, punitive, or consequential damages (including for loss of profits, revenue, or data) or for the cost of obtaining substitute products, arising out of or in connection with these Terms, however caused, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability, or otherwise, and whether or not kliggit has been advised of the possibility of such damages.
    • We do not promise that our Site is compatible with all devices and operating systems. You are responsible for configuring your technology, device, and computer programs to access our Site.
    • We are not responsible for the availability of the internet, or any errors in your connections, device or other equipment, or software that may occur in relation to your use of our Site.
    • While we try to make sure our Site is secure and free from viruses, malware, or other bugs, we cannot promise that it will be and have no control over the Content supplied by Creators.
    • We are not responsible for any lost, stolen, or compromised User accounts, passwords, email accounts, or any resulting unauthorized activities or resulting unauthorized payments or withdrawals of funds.
    • You acknowledge that once your Content is posted on our Site, we cannot control and will not be responsible to you for the use which other Users or third parties make of such Content. You can delete your account at any time, but you acknowledge that deleting your account will not prevent the circulation of any of your Content which may have been recorded by other Users in breach of the Terms or by third parties prior to the deletion of your account.
  12. Intellectual property rights – ownership and licenses:
    • You acknowledge and agree that each kliggit TalkTime and Video/Recording, Submission, or other offering from a Creator User is owned by kliggit and/or the Creator User who created it.
    • We or our licensors own all right, title, and interest in and to: (i) our Site and the “look and feel” of our Site, including all software, ideas, processes, data, text, media, and other Content available on our Site (“kliggit Content”); and (ii) our trademarks, logos, and brand elements (“Marks”). Our Site, kliggit Content, and Marks are each protected under U.S. and international laws.
    • You hereby grant to us a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented or devised (including social media platforms), to use, reproduce, license, distribute, modify, adapt, reformat, publicly perform, publicly display, create derivative works of, and otherwise use the following for the purposes of operating and providing our Site, developing and improving our products and services, and advertising, marketing, and promoting our Site and our products and services:
      • (i) any (video, text, or otherwise) that you make or send to or create with any Creator, excluding Organization Creator subject to the applicable Terms;
      • (ii) any submission that you make to kliggit, whether through our Site, a social media platform, third party website, or otherwise, including a video, idea, intellectual property, publicity rights, review, photo, video, email, text, post, or other communication, whether relating to you, or a third party.
      • (iii) You represent and warrant that you either: own all rights to any Submission or have all rights necessary, including with respect to any third party that contributed to, is included in, or is referred to, in any Submission, to grant to us the foregoing rights.
      • (iv) You further agree to not make any Submission that is confidential or proprietary or that contains or includes any information that you do not have the right to disclose or that you or any third party do not wish to be disclosed. The kliggit Parties will not be responsible or liable for any use or disclosure of a Submission, including any personal information belonging to you or a third party.
    • We may, for any reason, refuse to accept or transmit a Submission or refuse to remove a Submission from our Site. Further, we reserve the right to decide whether a Submission violates these Terms and may, at any time, without notice to you and in our sole discretion, remove your Submission, terminate your access to our Site, remove or ban you (and any Site account you created or control), or take other appropriate action in our sole discretion for violation of these Terms.
    • A project or Offering developed by any kliggit Party may seem similar to your Submission. If your Submission consists of any idea, suggestion, proposal, plan, or other material related to our business, you agree that you are submitting that Submission at your own risk and that kliggit has no obligation (including no obligation of confidentiality or privacy) with respect to thatSubmission, and you grant to kliggit a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented or devised, to reproduce, license, distribute, modify, adapt, publicly perform, publicly display, create derivative works of, and otherwise use and exploit in any manner (including commercially), any and all Submissions, unless otherwise agreed by us in writing.
    • The license which you grant to us under sub-section 12(c) above is perpetual, non exclusive, worldwide, royalty-free, sublicensable, assignable and transferable by us. This means that the license will continue even after your agreement with us ends and you stop using our Site. You agree we need not pay you for the license, and that we can grant a sublicense of your Content to someone else or assign or transfer the license to someone else. This license allows us to modify your Content, to make your Content available to other Users on our Site, and to use your Content for other normal operations of our Site. We will never sell your Content to other platforms, though we may sell or transfer any license you grant to us under these Terms if a sale of our company occurs or its assets to a third party.
    • You waive all moral rights or “droit morals” that you may have in any Submission or Content. You further represent and warrant that no third party has any moral, “droit moral,” or other rights in your Submission or Content which you may have under any law to object to derogatory treatment of any Submission or Content by you on our Site.
  13. Links to and from our Site.
    • Links to our Site:
      • (i)You may link to our Site, provided you do so it is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement.
      • (ii) If you are a Creator, when promoting your Creator account you must comply with our Terms of Service of any other website where you place a link to or otherwise promote your Creator account. When promoting your Creator account, you must not impersonate our Site or give the impression that your Creator account is being promoted by us if this is not the case. You must not promote your account on our Site by using Google Ads or any similar advertising platform or search engine advertising service.
    • Links from our Site: If our Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the content of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to our Site, you do so at your own risk and subject to the terms of use for such sites and resources.
  14. How to delete your account.
    • If you are a Guest, the deletion of your account will take place within a reasonable time following your request.
    • If you are a Creator, then once you initiate the "delete account" process your account will remain open until you receive your final payment and then your account will be deleted.
    • If you are both a Guest and a Creator then your account will be deleted in two stages (Guest Content first and then Creator).
    • You will receive an email confirmation upon the successful deletion of your account. Once your account has been deleted, we may deal with your Content in any appropriate manner consistent with our Privacy Policy (including by deleting it) and you will no longer be entitled to access your Content.
  15. Privacy. Your privacy is important to us. Our Privacy Policy explains how we collect, use, and share personal information and other data. By using our Site, you agree to our Privacy Policy.
  16. Indemnification. You agree to indemnify, defend, and hold harmless kliggit and any kliggit Party against any claims, costs, proceedings, demands, losses, damages, and expenses (including reasonable attorneys’ fees and costs) of any kind or nature arising from, out of, in connection with, or relating to your: (a) violation or alleged violation of these Terms, or (b) use of our Site. We may select counsel for and control the defense of any claim you are indemnifying. You agree to reasonably cooperate with us in connection with any claim.
  17. Limitations of Liability. You agree that:
    • Except where prohibited by applicable law, we and any kliggit Party will not be liable to you for any loss of profit, loss of business or revenue, business interruption, loss of business opportunity, or loss of anticipated savings suffered by you arising from or in connection with your use of our Site.
    • Our total liability to you for any and all claims arising out of or related to your Agreement with us or use of or in connection with our Site, whether in contract, tort (including negligence), breach of statutory duty, or otherwise shall be limited to the greater of: (i) for Guests, 100% of the total fees paid by you to us in connection with your use of our Site in the last 12 months prior to your claim; (ii) for Creators, 100% of the fees we have paid to you in the last 6 months; or (iii) $500.
    • You agree that the limitations of damages set forth in these Terms are fundamental elements of the bargain between kliggit and you.
  18. Other Legal Terms.
    • Governing Law and Jurisdiction. This Agreement will be governed by and construed the laws of the State of Oklahoma, without giving effect to any conflict of laws rules or provisions.
    • You and kliggit agree that any action of whatever nature arising from or relating to these Terms or our Site will be litigated only in the state or federal courts in Oklahoma City, Oklahoma. You and kliggit consent and submit to the personal jurisdiction of such courts for any such action.
    • Time to litigate a claim. YOU AND KLIGGIT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.