Effective date: June 1, 2020
By using iknowthisguy.club’s website, you agree to be legally bound by these Terms. If you do not agree with one or more provisions of these Terms, you should not use iknowthisguy.club’s website. Please contact us if you have any concerns regarding the Terms.
1.1 These Terms of Service (the “Terms”) constitute a legally binding agreement between The Flat World Network Inc. owner of the iknowthisguy.clubwebsite, (the “Company”, “we”, “us”, and “our”) and an individual user (the “user”, “you”, and “your”) accessing and using the website https://iknowthisguy.com(the “Website”) and the related podcast and merchant services provided through the Website (collectively, “IKG”).
1.2 About IKG. We provide a podcast owned by The Flat World Network Inc. (the “Services”).
1.3 License to use IKG. We grant you a personal, revocable, non-exclusive, non-transferable and limited license to use IKG pursuant to these Terms.
1.4 Disclaimer. Although we regularly monitor the information available on IKG, we cannot guarantee the accuracy, reliability, currency, relevance, and completeness of the information available on IKG. Please exercise your due diligence when assessing such information.
1.5 Third-party links. IKG may contain links to websites and other online sources owned by third parties. We are not responsible or liable in any manner for the content of such third-party links and security and privacy practices deployed by the operators of third-party websites.
1.6 Other relevant terms. Other documents that include important provisions regarding your use of IKG are our:
2.1 Registration of your Account. In order to use the full functionality of IKG and purchase the Services, you are required to sign up on the Website, create a user account (the “Account”), review and accept these Terms, and to review the Privacy Policy. The personal information related to your Account will be processed in accordance with our Privacy Policy. By registering your Account, you acknowledge, agree, and warrant that:
2.2 Security of your Account. You are solely responsible for maintaining the confidentiality of your Account, including login details and passwords. By using IKG, you agree to immediately notify us about allegedly unauthorized use of your Account or any other security breach related to your Account. You are also responsible for using secure Internet connection and protected networks while using IKG. We cannot and will not be liable for any loss or damage resulting from your failure to comply with these security obligations
2.3 Deactivation of your Account. At any time, you may deactivate your Account through the dashboard of your Account. Upon deactivation of the Account, these Terms shall terminate and you shall stop using the Services.
2.4 Suspension and termination of your Account. We reserve the right to suspend or terminate your Account if, at our sole discretion, we have grounds to believe that your use of IKG seriously and repeatedly breaches these Terms. We may also suspend or terminate your Account upon a lawful request of a public authority.
3.1 You are responsible for the content and accuracy of all news copies, and other information submitted by you to IKG or entered in relation to the Services (the “Submitted Materials”). The Submitted Materials are used to provide you with the requested Services (the “SERVICES”). Because of the volume of the Submitted Materials, we cannot be responsible for verifying facts contained in your Submitted Materials.
3.2 By uploading the Submitted Materials on IKG, you grant us unrestricted, sub-licensable, royalty-free, perpetual, and irrevocable rights to use, distribute, advertise, adapt, remix, modify, publicly display, publicly perform, excerpt, prepare derivative works of, and reproduce the Submitted Materials for the purposes of providing the Services. We reserve the right, in our sole discretion, to refuse to upload, modify, delete, or remove any Submitted Materials or content that violate these Terms.
3.3 You are not allowed to make available in the Submitted Materials personal information of persons who have not provided you with their prior authorization or consent to share such information (e.g., you cannot publish name, photo and contact details of a person who has not allowed you to do so).
3.4 We reserve the right (i) to reject or edit Submitted Materials, provided that substantive edits to the Submitted Materials will not be done without your consent; and (ii) to remove any Services, pull any Services or deny approval to any Service. We can only remove the Submitted Materials from our network and we make no representation or warranty regarding the removal of the Submitted Materials.
3.5 We endeavor to disseminate the Submitted Materials promptly and accurately. Any inadvertent errors made by us will be corrected promptly upon discovery, without additional charge. However, although we put reasonable efforts to correct any errors, we cannot guarantee that such inadvertent errors will be fixed that are in production. We reserve the right, in our sole discretion, to provide refunds for the erroneous Services, in line with our Refund Policy. If the Submitted Materials are not distributed within 30 days of the earlier of the (i) date on which you enter such Submitted Materials or (ii) pay for the Services (even if you have not yet entered the Submitted Materials) for reasons other than a delay caused solely by us, then our Services concerning such Submitted Materials and/or payment related thereto shall be considered complete, and we will have no further obligation to you regarding such Submitted Materials, or any payments related thereto.
3.6 All Submitted Materials transmitted through IKG must contain: (i) detailed information about the brand, product, or item to which the Submitted Materials relate (e.g., logo, trademark, business information, images, website address, and social media details) and (ii) the contact details of the user submitting the Submitted Materials (i.e., contact name, phone number and e-mail address) that may be verified by the Company. If you fail to provide such information, we cannot guarantee the dissemination to the proper provision of the Services.
3.8 We are in no way responsible for the correct spelling of the names of products or items being produced. We accept no responsibility or liability in the case any of these items are spelled in error. It is your sole responsibility to provide guidance to us with regard to the correct spelling of the names of such products or Services.
3.9 We are in no way responsible for typos submitted by our clients. We accept no responsibility or liability in the case any of the Submitted Materials are supplied to us in error.
3.10 The Submitted Materials include personal views and recommendations of our clients and they do not reflect the views of the Company or any commitments related thereto.
3.11 You agree to use the Services for their intended purposes and not for any illicit purposes including, but not limited to, the reverse engineering of IKG and/or its processes and the inclusion of such processes or services in a derivative service. You shall not query, spider or access any IKG systems without our express written consent. Also, you not permitted to use IKG and the Services in any manner that substitutes or contributes to the following activities (the list is representative and not exhaustive):
4.1 The Fees. Your use of the Services is subject to the applicable fees and charges (the “Fees”). The schedule of the Fees is available on the Website at https://iknowthisguy.com/pricing. The Fees are indicated in the United State dollars (USD) and exclude any applicable taxes. The Fees remain valid as long as they are indicated on the Website, communicated to you in writing by email or other means. The Fees are subject to a change with or without a prior notice. Any of such changes will be made available on the Website and communicated to you by email.
4.2 Payment of the Fees. You shall pay all applicable Fees in accordance with terms in effect at the time the Fees are due and payable. All payment obligations are non cancelable. To complete your payment, you must provide us with valid credit card or Stripe information.
4.3 Payment processors. All payments related to the Services, including the Fees, will be processed by our third-party payment processors Athorize.net, Elavon or Stripe (collectively, the “Payment Processors”). You agree not to hold us liable for any of your payments that do not reach us because you have quoted incorrect payment information or the Payment Processors refused the payment for any other reason. Please note that the Payment Processors may collect from you some personal data, which will allow them to make the payments requested by you. The Payment Processors handle all the steps in the payment process on their websites, including data collection and data processing. Please consult the privacy policies available at https://www.authorize.net/about-us/privacy/, https://www.elavon.ca/resources/privacy-pledge for more information.
4.4 Taxes. All Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only USA (federal or state) taxes based solely on Company’s income.
4.5 Bills. If you believe that your bill is incorrect, you must contact us in writing within 60 days at the following address: IKG, 21 NW 5th Street, Fort Lauderdale, FL 33301. You agree to provide us with complete and accurate billing and contact information. You agree to update this information as soon as any change occur. If the contact information you have provided is false or fraudulent, we reserve the right to terminate your access to the Services in addition to any other legal remedies.
4.6 Subscriptions. Some of the Services are charged on a monthly non-accrual subscription basis (the “Subscriptions”). The Subscriptions include a fixed number of Services. If the Services are not used by next billing cycle then they will expire and not roll over to the following billing cycle. By subscribing to the selected Subscription, you agree to pay monthly subscription Fees indicated at the moment you order the Subscription. For more information on the Fees and other terms applicable to the Subscriptions, please visit https://iknowthisguy.com/pricing. The Subscriptions automatically renew on a monthly basis until changed or cancelled by you through the dashboard of your Account. The changes to the Subscriptions initiated by you will become effective at the beginning of the following billing period. If your Subscription expires, you cancel the Subscription, or you stop using the Services, you will be allowed to keep all disseminated podcast information until you choose to cancel your Account.
4.7 Concluding a service contract. If you would like to purchase the Services, please (i) select the preferred Subscription at https://iknowthisguy.com/pricing, (ii) click on the button “Start now”, (iii) submit the required personal information, (iv) provide the required payment information, and (v) click on the button “Place order”. You will be able to identify and correct any input errors prior to clicking on the “Place order” button. After you place your order, we will send a confirmatory email informing you about your order. By clicking on the button “Place order” and receiving a confirmatory email, you conclude a service contract in English with the Company on the basis of these Terms. You will be able to access, read, and print these Terms prior to concluding your service contract. If you do not want to conclude a service contract with us, please do not click on the button “Place order”. We warrant that the Services supplied under a service contract are of a reasonably acceptable quality.
4.8 Authorization. By purchasing the Services or submitting the Submitted Materials (as defined below), you agree to be bound by these Terms. If you are entering into a service contract on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.
4.9 “Cooling-off period” and refunds. We respect consumer rights and comply with the applicable consumer protection laws. If you conclude a service contract as a consumer (i.e., an individual acting wholly or mainly outside his/her trade, business, craft or profession), you are entitled to withdraw from your service contract with us within the period of 14 days after the service contract was concluded (e.g., you purchased the Subscription). In order to terminate your contract and receive a refund, you must inform us of your decision to withdraw from the contract in writing by email at info@iknowthisguy.club. If you have used the Services prior to communicating your request to cancel the contract, we reserve the right to charge you proportionally for the time period for which you have used the Services and return you the Fees for the unused time period only for which you have paid. We will refund money within 15 days by using the same payment method that you used to make the payment, unless you have expressly requested otherwise. In any case, you will not incur any fees as a result of a refund. If you decide to cancel your Subscription after the period of 14 days expires, no refunds will be available, unless provided otherwise in our Refunds Policy. If you conclude your service contract as a business, trader, or for professional purposes, notwithstanding Section 7 of these Terms, you are not entitled to a refund of the Fees paid by you, if you withdraw from the contract or cancel your Subscription. If there is an unauthorized use of IKG through your Account or if you are unsatisfied with the quality of the Services, please contact us immediately. Our contact details are provided at the end of these Terms. We reserve the right, in our sole discretion, to provide refunds for erroneous Services, subject to the terms and conditions of our Refund Policy.
5.1 We may suspend or terminate your Account at any time at our discretion. Notwithstanding the foregoing, if your Account becomes delinquent or you breach the Terms, then, in addition to any of our other rights or remedies, we reserve the right to suspend your access to the Services, without liability to you.
5.2 Should you violate these Terms and or any other rights of the Company, the Company reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating your Account.
5.3 Artificial link schemes. You are not allowed to attempt to rank pages in the search engines by using artificial means. Any links intended to manipulate the PageRank algorithm in search engine search results will be considered a part of an artificial link scheme and a violation of these Terms. If we determine that you violate these Terms, your Services will be deleted from our archives and your Account will be terminated immediately. Upon termination of your Account on this basis, no refunds are provided.
5.4 Automated systems. You are not allowed to use any automated systems, such as “robots,” “spiders,” or “online readers”, which access IKG and the Services in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. We reserve the right to grant operators of public search engines to use the automated means for the purposes of providing our Services.
5.5 Collecting personal information. You are not allowed to collect or harvest any personal information from IKG by manual or automated means, including other users’ account names and contact details. You are also prohibited from using communication systems provided through IKG (e.g., comments and email addresses) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of IKG with respect to any content submitted by them to IKG.
6.1 You represent and warrant to us that:
6.2 IKG IS PROVIDED ON AN “AS AVAILABLE”, “AS IS”, AND “WITH ALL FAULTS” BASIS. THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND TITLE, AND ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE), REGARDING IKG. THE COMPANY DOES NOT WARRANT OR REPRESENT THAT IKG WILL BE FREE FROM ERRORS, INCLUDING OMISSIONS, INTERRUPTIONS, DELAYS, LOSSES OR DEFECTS, WHETHER HUMAN OR MECHANICAL.
6.3 Company’s entire liability for damages for any claims arising under or in connection with your use of IKG, regardless of the cause of action, whether in contract or in tort (including without limitation, breach of warranty and negligence claims) shall be limited to your actual direct damages, not to exceed the amounts actually paid by you for your use of the Services during the twelve (12) months immediately preceding the month in which the cause of action arose.
6.4 IN NO EVENT SHALL THE COMPANY HAVE ANY LIABILITY TO YOU FOR ANY CLAIMS OR DEMANDS OF THIRD PARTIES OR ANY LOST PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOST SAVINGS OR OTHER CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.5 Third-party suppliers. By using IKG, you acknowledge that we may use third-party suppliers to provide services, software, hardware, storage, networking, and other technological services. The acts and omissions of third-party suppliers may be outside of our control. To the maximum extent permitted by law, we exclude any liability for any loss or damage resulting from the acts and omissions of such third party suppliers.
6.6 Cyber liability. Given the nature of communications and information processing technology and the Internet, we cannot be liable for any security incidents, cyber attacks, data breaches, and unlawful destruction, loss, use, copying, modification, leakage, and falsification of any personal information caused by circumstances that are beyond our reasonable control. In case a security incident occurs, we will inform relevant authorities without undue delay and immediately take reasonable measures to mitigate the incident, as required by the applicable law. Our liability for any security incidents will be limited to the highest extent permitted by the applicable law.
7.1 The Company will indemnify (“Indemnitor”) and hold you (“Indemnitee”) harmless against any claim or demand by a third party, including, without limitation, reasonable attorney’s fees, alleging that the Services infringe any intellectual property right under the laws of United States. This indemnification does not cover third-party claims arising from: (i) modification to IKG by anyone other than the Company or its authorized agents and contractors; (ii) use of the IKG by you in combination with other software or equipment not authorized by the Company where IKG, if not so used, would not be infringing; or (iii) your failure to use the IKG in accordance with these Terms.
7.2 You shall indemnify (“Indemnitor”) and hold harmless the Company (“Indemnitee”), its affiliated companies and its third-party vendors, including distributors, from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorney’s fees) arising out of or relating to any breach by you of any representations and/or warranties contained herein or otherwise arising out of or relating to the Submitted Materials.
7.3 Indemnification is conditioned upon the following: (i) the Indemnitee promptly notifying the Indemnitor of any claim; (ii) the Indemnitor having sole control of the defense and all related settlement negotiations; and (iii) the Indemnitee cooperating, at the Indemnitor’s expense, in the defense and furnishing the Indemnitor with all related evidence in its control.
7.4 If a claim regarding IKG and alleging infringement is brought or is likely, in Company’s sole opinion, to be brought, the Company may, at its sole option and expense (i) obtain the right for you to continue using the Services; (ii) replace or modify IKG so that it becomes non-infringing; or (iii) upon notice to you, terminate your use of the Services or any portion thereof, provided that the Company promptly refunds to you the prorated portion of any pre-paid Fees paid hereunder.
8.1 Company’s Content. Certain content available through IKG and used to operate the Services is protected by copyright, trademark, patent, or other proprietary rights of the Company and its affiliates, licensors, and/or service providers (the “Company’s Content”). The Company’s Content is subject to the protection by the United States intellectual property laws and international treaties. All rights not expressly granted to you in the Terms and the Copyright IP Policy are reserved by the Company.
8.2 Prohibited use. IKG is a trademark and no right or license is granted to you to use it. Unless otherwise provided in our Copyright IP Policy, you are also not allowed, without obtaining prior written authorization from the Company, to:
8.3 Third-party intellectual property. Some of the intellectual property, including the Submitted Content and trademarks, featured on IKG may be owned by the users of IKG and other third parties. Such third-party intellectual property does not belong to the Company and it remains the sole property of the respective third-party proprietors.
8.4 Copyright infringement claims. We respect intellectual property rights. If you have any grounds to believe that any content made available through IKG violates your or third party’s intellectual property rights, please contact the Company and express your concerns or request to remove the allegedly infringing content. The Company will reply to the copyright infringement claim as soon as possible but no later than 2 weeks. Before sending your claim to the Company, please make sure that you SIGN it and include the following information:
8.5 Endorsement and affiliation. You shall not hold yourself out as in any way as sponsored by, affiliated with, or endorsed by the Company or its subsidiaries or affiliates. You agree not to (i) defame or disparage the Company, its trademarks or service marks, the Services, or IKG or (ii) adapt, translate, modify, decompile, disassemble, or reverse engineer IKG or any software or programs used in connection with IKG.
9.1 You agree that, under any circumstances, you shall not, individually or on behalf of any person, directly or indirectly, approach, solicit, entice, induce, encourage, or attempt to approach any employee, independent contractor, staff, family member, supplier, service provider, or other business partner of the Company for the purposes of (i) offering employment positions and contracts, freelance projects, or other business opportunities or (ii) discontinuing their business or employment relationships with the Company.
9.2 This Section 9 must survive the termination of these Terms for any reason.
9.3 The Company reserves the right to request you to cover any monetary or non-monetary damages suffered by the Company as a result of your breach of this Section 9.
10.1 Term and termination. The Terms enter into force on the date indicated at the top of the Terms and remain in force until updated or terminated by the Company or until you stop using IKG. Section 9 of these Terms shall survive the termination of the Terms for any reason.
10.2 Amendments. We reserve the right to modify these Terms or our policies relating to the Services at any time, effective upon posting of an updated version on the Website. We will send you a notification (if we have your email address) about any amendments to the Terms. You are responsible for regularly reviewing these Terms. Your continued use of IKG after any changes shall constitute your consent to such changes.
10.3 Relationship. You acknowledge and agree that you and the Company are independent contractors, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. You do not have authority to enter into agreements of any kind on behalf of the Company.
10.4 Governing law. These Terms shall be governed by and construed under the laws of the State of Florida, exclusive of its conflict of laws provisions.
10.5 Jurisdiction. Any suit hereunder will be brought in the federal or state courts located in the state of Florida, and you submit to the personal jurisdiction thereof. If you are not satisfied with the Services, we strongly encourage you to contact us first so that we could address your concerns.
10.6 Breach of the Terms. If we believe, in our sole discretion, that you violate these Terms and it is appropriate, necessary or desirable to do so, we may:
10.7 Severability. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such a provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected as a result.
10.8 Availability. We put reasonable efforts to ensure that IKG is always accessible to you. However, the availability of IKG may be affected by factors, which we cannot reasonably control, such as bandwidth problems, equipment failure, or force majeure events. We take no responsibility for the unavailability of IKG caused by such factors.
Email: info@iknowthisguy.club
Support tickets: https://iknowthisguy.com/support/
Postal address: IKG Worldwide Inc., 21 NW 5th Street, Fort Lauderdale, FL 33301
