Términos y Condiciones
1. KEBI Account
You need a KEBI account to access and use the services, including supporting Projects in Crowdfunding.
To create a KEBI account, you must have a valid email address and provide truthful and accurate information.You must be eligible to use the KEBI service for which you are registering and you must be resident in a country where the use of KEBI services is permitted.
You must be at least 13 years old (or the minimum age of your country of residence) to create a KEBI account. If your age is between the minimum age and 18 years old (or the age of majority in the country where you live), you and your parent or guardian must review this Agreement together. Parents and guardians are responsible for the acts of minors under 18 years of age when they using KEBI services. KEBI advises parents and guardians to familiarize themselves with parental control over the devices they provide to their children.
You are responsible for the activity on your KEBI account. Your KEBI account may be suspended or closed if someone else uses it to engage in activities that violate this Agreement.
You could cancel your KEBI account or a presence in a KEBI event at any time by contacting KEBI customer service at firstname.lastname@example.org. To complete your request, KEBI may collect commissions or costs incurred, if permitted by law, and any amount owed to third-party providers or content providers.
KEBI services are licensed to you, not sold. KEBI grants you a personal, limited, non-transferable, revocable and non-exclusive license to use the KEBI Services you have access to for non-commercial use, provided that you comply with this Agreement. You may not access, copy, modify or distribute any of the Services, Content or Rights of KEBI (as defined below), unless it is expressly authorized by KEBI or permitted by law. You may not reverse engineer or attempt to extract or otherwise use the source code or other data from the KEBI Services, unless expressly authorized by KEBI or permitted by law. KEBI or its licensees own and reserve all other rights, including all rights, titles and interests in the KEBI Services and associated intellectual property rights.
3. Content and rights
KEBI services include content and rights.Content is software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, code and all audiovisual or other material that appears or originates from KEBI Services, as well as the design and appearance of our websites and Social. The content also includes user-generated content or nickname. User-generated content includes KEBI account nicknames, forum posts, profile content, and other content provided by users to KEBI services. All content are owned by KEBI or its licensees or licensed to KEBI and its licensors in accordance with Section 5 below.
The rights are rights that KEBI grants you to access or use the online or offline elements of the KEBI Services: Examples of rights include access to digital content; crowfunding functionality (including Vibes services); subscriptions; virtual payment; unlock project levels, serial codes or online authentication; ranking of Fans Point game.
We refer to these virtual payments, like "Vibes" and "Event Accesses". When you obtain Vibes from us or from our authorized partners, you receive a personal, limited, non-assignable, non-exclusive, revocable license to access and select the Rights that KEBI expressly makes available to you.
Vibes have no monetary value and no value outside of our products and services. KEBI Vibes cannot be sold, exchanged, transferred or exchanged for cash; they can only be redeemed for rights available for KEBI service. Vibes are non-refundable and are not entitled to a refund if not used. Once the Vibes have been purchased for a service right, this right is non-refundable, exchangeable or refundable. If you live in Japan, you agree to use any KEBI Vibes within 180 days from the date of purchase.
You will provide at your own expense the equipment, Internet connection and costs necessary to access and use the KEBI Services.
4. Availability of services and updates
We do not guarantee that any KEBI service, content or right will always be available, in any location or at any time, or that we will continue to offer a particular KEBI service, content or right for a specified period of time. KEBI does not guarantee that it would be possible to access Digital Events on all devices, via a specific Internet or connection provider, or in all geographical locations.
From time to time, KEBI may update, change or modify a KEBI Service, Content or Rights without notice. These updates and changes may be necessary to continue using KEBI services.
KEBI may have to update or reset some parameters to balance projects and the use of KEBI services. These upgrades or "restores" can cause events cancellations , location changes and can affect the number of Vibes or unlocked levels or other rights under your control.
5. Your Nickname
You are responsible for your nickname. You cannot add a Nickname that violates the intellectual property rights of third parties or that violates the law, this Agreement or the right to privacy or advertising of third parties.
KEBI may, at its sole discretion, remove, modify or disable Nickname for any reason, even if KEBI reasonably determines that thos Nickname violates this Agreement. KEBI assumes no liability for user-generated content, to remove or not remove it or other Content. KEBI does not preselect all user-generated content and does not endorse or endorse user-generated content available on KEBI services.
When you contribute by entering your Nickname, you grant KEBI, its licensees and third party licensees a non-exclusive, perpetual, transferable, worldwide license, sublicensed to use, host, store, reproduce, modify, create derivative works, publicly execute, publicly display or otherwise transmit and communicate your nickname, or part of it, in any way or form and in any medium or forum, now known or subsequently devised, without notice, payment or attribution of any kind to you or to third parties. You also grant all other users who can access and use your user-generated content on a KEBI service the right to use, copy, edit, view, perform, create derivative works from and otherwise communicate and distribute your user-generated content on or through the relevant KEBI service without further notice, attribution or compensation to you
6. Rules of conduct
When you access or use a KEBI Service, you agree not to:
- Violate any law, rule or regulation.
- Interfere with or disrupt any KEBI Service or any server or network used to support or provide a KEBI Service, including any hacking or cracking of a KEBI Service.
- Use any software or program that damages, interferes with or disrupts a KEBI Service or the computer or property of someone else, such as denial of service attacks, spamming, hacking or uploading computer viruses, worms, Trojan horses, cancelbots, spyware, damaged files and time bombs.
- Interfering with or interrupting the use of a KEBI service by another registered user. This includes the stop of connection, of supporting projects or dialogue within a KEBI Social, for example using vulgar or harassing language, being offensive, excessive comments, spam, flooding of emails or direct messages.
- Harass, threaten, intimidate, embarrass, send spam or do any other unwanted thing to another user, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, inheritance, etc. Incitement to hatred is not tolerated.
- Contribute to user-generated content or organize or participate in any activity, group or fan initiatives that is inappropriate, offensive, harassing, profane, threatening, hateful, offensive, vulgar, obscene, sexually explicit, defamatory, in violation, that invades the privacy of another or is otherwise reasonably questionable
- Publish, post, upload or distribute user-generated content or illegal content that you are not authorized to distribute freely.
- Publish, post, upload or distribute any content, such as a topic, name, screen name, avatar, person or other material or information, that KEBI (acting reasonably and objectively) deems inappropriate, offensive, hateful, harassing, profane, defamatory, threatening, obscene, sexually explicit, illicit, invasive of privacy, vulgar, offensive, indecent or illegal.
- Publish a message for any purpose other than personal communication. Prohibited messages include advertising, spam, chain letters, pyramid schemes and other types of solicitations or commercial activities.
- Impersonate another person or falsely indicate that you are an employee or representative of KEBI.
- Improperly use project support or send false reports to KEBI staff.
- Attempting to obtain or make phishing for passwords, account information, or other private information from anyone else about the KEBI Services.
- Use any payment method to access or purchase the KEBI Services for fraudulent purposes, without the permission of the authorized owner or otherwise in connection with an illegal crime or other activity.
- Use any robot, spider or other device or automated process to access the Services and the KEBI database for any purpose, such as scraping data or copying material
- Change any file or any other part of the KEBI Service that KEBI does not specifically authorize you to change.
- Use or distribute unauthorized software programs or tools (such as "automatic" software, "macros", hacking or cheating) or use exploits, bugs or problems in a KEBI Service to gain unfair benefits or access to events.
- Engaging in or assisting in fraud or other anti-competitive behaviour (such as strengthening, collusion and manipulation of the project).
- Use or distribute counterfeit software or KEBI Content, including KEBI Vibes
- Attempt to use a KEBI service on or through any service not controlled or authorized by KEBI.
- Sell, purchase, exchange or otherwise transfer or offer to transfer your KEBI account, any personal access to KEBI services or any KEBI content associated with your KEBI account, including Vibes and other rights, within a KEBI service or on a third party -third party website, or in connection with any transaction outside the KEBI portal, unless expressly authorized by KEBI.
- Use a KEBI service in a country where KEBI cannot offer such services under applicable digital and physical event control laws
- If a KEBI Service requires the creation of a "username" or "person" to represent you in support and crowdfunding, you should not use your real name and you cannot use a username or person that is used by someone else. KEBI will determine whether it is vulgar or offensive or violates someone else’s rights.
- Engage in any other activity that significantly disrupts peaceful, fair and respectful support for a KEBI service
- Use publicly available user information in any KEBI Service (for example, in leaderboard) for any purpose other than the Service, including attempting to identify such users in the real world
- Promote, encourage or take part in any prohibited activity described above.
If you or someone using your KEBI account violates these rules and you fail to remedy this breach after a notice, KEBI may take action against you, including revoking access to certain or all of KEBI’s services, events, content or rights, or close your KEBI account as described in Section 8. In the event of a serious breachs, KEBI may take such action without giving prior notice. Some examples of serious violations include, but are not limited to: promotion, encouragement or involvement in hacking, sale of KEBI accounts or rights (including Vibes) without permission from KEBI, extreme harassment or threats of illegal activity. When practical, KEBI will inform you of the action it will take in response to violations of these rules or violation of this Agreement.
Specific KEBI Services may publish additional rules about certain digital or physical events that apply to your conduct on such services.
If you encounter another user who is violating one of these rules, report this activity to KEBI, contact Customer Support at email@example.com.
KEBI may, at its discretion, monitor or record online activity or KEBI Services Content and may remove any support from any Kebi project at its discretion.
The use of the EA Services is subject to KEBI’s Privacy and Cookies Policy on Kebi Privacy , incorporated by reference in this Agreement.
7. KEBI PROJECTS
This section applies to the media and events of KEBI projects ("KEBI PROJECTS"), including KEBI Digital and Physical events that take place after crowdsourcing and crowdfunding. In particular the Digital events that take place on a personal computer ("PC")and on Mobile Phone or iPad (CELLULAR) and the client application owned by third-party vendors of KEBI.
- Technical and content protection measures Digital KEBI
Content protection techniques, developed by KEBI or third-party partners, for digital event services in order to prevent piracy and copying or unauthorized use of Live and Streaming content. Attempting to circumvent, disable, or tamper with these measures will terminate this license.
- DIGITAL Events
To access KEBI digital PC events, KEBI may require a valid KEBI account, your acceptance of this Agreement, and an Internet connection according to specific screen speeds and resolutions.
To access and use KEBI services associated with an event on Computer, you may first need to register and enter the serial key of payment. The serial code provided by e-mail from the e-commerce linked to the payment will be verified during the authentication. Authentication is limited to a Kebi account per serial key, which means that the digital Computer event is non-transferable and unique. You can start and access the Computer event on no more than one machine in a 24-hour period.
KEBI events on MOBILE and PC may require you to download and install updates, upgrades and additional features that KEBI deems reasonable, advantageous to you and/or reasonably necessary to access the event. You agree that KEBI has no obligation to support your previous versions based on the availability of an update, upgrade and/or implementation of additional features. KEBI can tell you whether you can download, install and use a version based on the machine or the device you use in the terms and conditions of individual events.
KEBI is not responsible but may take sanctions for illicit attitudes ( Section 6).
- KEBI Physical Events
KEBI, under the current restrictions due to the COVID 19 pandemic, is waiting for the necessary health and aggregation conditions to be able to give information and carry out the proposed services. KEBI uses crowdfunging technologies to organize events through the use of KEBI services and in particular Project Support and Achievement of Vibes required. These technologies are developed by KEBI or third parties and covered by patents and exclusive rights.
KEBI for physical events may collect relevant information necessary for our purposes of investigation and application, such as your account information, details of a supported project or any other information in your account to determine a location , a date or other information useful for the organization.
8. Resolution and other sanctions
This Agreement is valid until terminated by you or KEBI. KEBI may terminate your access and use of any Service or Event or of your KEBI Account if KEBI determines that you have violated this Agreement or that there has been an otherwise illegal, improper or fraudulent use of the KEBI Services on your KEBI Account. KEBI will inform you of the resolution.You may lose your username and person following the closure of a KEBI account. If you have more than one KEBI account, depending on the type of breach or misuse, KEBI may close all your KEBI accounts and all related rights for supported events. If your KEBI account is closed, you will not have access to your KEBI account or rights and may be prevented from accessing or using any KEBI service again. In the event of termination, the license under this Agreement will also be terminated.
Instead of termination and before termination, KEBI may issue a warning, suspend or alter your access to a particular KEBI Service or your KEBI account, remove or revoke your rights to KEBI account or device, remove or delete any content that is in breach of this Agreement or prohibit your device or machine from accessing specific KEBI Digital Services. If KEBI takes any action described in this Section, you will not be entitled to a refund (subject to any legal refund right) and no Right will be credited or converted to cash or other forms of reimbursement.
KEBI may terminate any KEBI Service at any time by giving at least thirty days notice by email (if available).
If you believe that an action has been taken against your account or device by mistake, please contact Customer Support at firstname.lastname@example.org.
If you terminate this agreement, you agree to cease any use of the KEBI Services.
Sections 5, 8-9, 11-15 of this Agreement shall survive termination of this Agreement.
9. Use of data
When you use a KEBI service, Kebi may collect and store data from your computer or device, including information about your computer or device, hardware, software installed and operating system (such as IP address and device ID), information about your KEBI service, usage statistics, system interactions and peripheral hardware. KEBI uses this information to manage its business, improve its products and services, provide services and communicate with you (including for marketing purposes), provide updates, dynamically provide new content, enforce this Agreement and fix bugs or otherwise improve your experience. If you participate in online services, your data is collected, used, stored and transmitted to KEBI Srl, in accordance with KEBI’s Privacy and Cookies Policy on Privacy KEBI.
You can manage some data collection preferences in the KEBI account client profile tab.
- Crowdfunding, utilities and tools
KEBI Services may require or permit you to attend events, streaming and online meetings by its licensors on your computer, entertainment system or device or in locations of third-party vendors. Events may be different and KEBI projects may vary the number of Vibes required depending on the type of event. You understand that it may take a few days or months for the event to progress. The latter is divided into 6 levels visible to all users of KEBI services. In particular, at LEVEL 6 the user is required to pay a fee divided by the number of participants. All events require a fee to access them. You consent to the participation of the supported event only after the payment of the KEBI e-commerce fee.
The purchased title will give access to the digital and physical events of KEBI. The title is personal and transferable only after authorization of KEBI and will comply with the rules and laws applied at the bottom of the access document of individual events. The Crowdfunding tool may have a deadline, beyond which it will no longer be possible to obtain access or participation. KEBI, through Customer Service, will use the email and telephone details to contact individual users who have supported the project and have not purchased the title to warn them of deadlines.
KEBI’s official communications will be posted not only on the Portal but also on Social Media, Instagram, Facebook, Twitter and Tiktok respectively. In the event that the Crowdfunding does not reach the final goal in the given period, that is, to reach the full amount that KEBI considers appropriate for the organization, shall be KEBI’s responsibility to return the sums paid and cancel the access tickets, excluding the fees due to third-party ecommerce services. The refund arrangements will be listed in the Contract and Event Access Terms.
Some KEBI services may give you the opportunity to participate online on platforms not owned or controlled by KEBI. KEBI does not control these services and is not responsible for your use of the KEBI Service on or through them. These third-party services may subject you to additional or different terms and restrictions.
KEBI services may include hyperlinks to third party websites.These sites may collect data or request personal information from you. KEBI does not control such sites and is not responsible for their content or for their collection, use or disclosure of personal information.
12. Guarantees; Limitation of liability
IF YOU LIVE IN THE EUROPEAN ECONOMIC AREA (EEA), THE UK OR SWITZERLAND, KEBI SERVICES WILL BE PROVIDED WITH REASONABLE CARE AND EXPERTISE AND NO OTHER PROMISES OR GUARANTEES ON EA SERVICES WILL BE PROVIDED. IF YOU LIVE OUTSIDE THE EEA, THE UK AND SWITZERLAND, KEBI SERVICES ARE LICENSED AND PROVIDED "AS THEY ARE". YOU USE IT AT YOUR OWN RISK. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, AND DOES NOT PROVIDE ANY EXPRESS, IMPLIED OR LEGAL WARRANTY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, ELIGIBILITY FOR A PARTICULAR PURPOSE, NO BREACH OF THIRD-PARTY WARRANTIES, WARRANTY BY THIRD PARTIES, USE OR PRACTICE. KEBI DOES NOT GUARANTEE AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF KEBI PRODUCT OR SERVICE; THAT KEBI SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE OPERATION OF KEBI SERVICE WILL BE UNINTERRUPTED OR FREE OF ERRORS, BUGS, CORRUPTION, LOSSES, INTERFERENCE, HACKING OR VIRUSES.
IF YOU LIVE IN THE EEA, THE UNITED KINGDOM OR SWITZERLAND, KEBI AND ITS EMPLOYEES, LICENSORS AND BUSINESS PARTNERS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR ACTIONS OR BREACH OF THIS AGREEMENT OR ARISING FROM ACTS OR OMISSIONS OF THIRD PARTIES (OR ANY OTHER) BEYOND OUR CONTROL. IF YOU LIVE OUTSIDE THE EEA, THE UK AND SWITZERLAND, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, KEBI AND ITS EMPLOYEES, LICENSEES AND BUSINESS PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS NOT CAUSED BY BREACH OF THIS AGREEMENT, OR INDIRECT, ACCIDENTAL, PANDEMIC, OR CONSEQUENTIAL, PUNITIVE OR SPECIAL CATASTROPHIC EVENTS. EXCLUDED TYPES OF DAMAGE INCLUDE, FOR EXAMPLE, FINANCIAL LOSSES (SUCH AS LOSS OF INCOME OR PROFIT), COST OF REPLACEMENT GOODS OR SERVICES, BUSINESS INTERRUPTION OR SHUTDOWN, LOSS OF DATA AND COMPUTER FAILURE OR MALFUNCTION. KEBI SHALL NOT LIMIT ITS LIABILITY FOR FRAUD, GROSS NEGLIGENCE, SWEET CONDUCT OR DEATH OR PERSONAL INJURY.ALCUNE GIURISDIZIONI NON CONSENTONO LE ESCLUSIONI E LIMITAZIONI DI CUI SOPRA, PERTANTO ALCUNE O TUTTE POTREBBERO NON ESSERE APPLICABILI A TE. / SOME JURISDICTIONS DO NOT ALLOW THE ABOVE EXCLUSIONS AND LIMITATIONS, SO SOME OR ALL OF THEM MAY NOT APPLY TO YOU.
If you have purchased an access pass to a KEBI Service and do not agree to the terms of this Agreement or do not want to participate or use the KEBI Service, you can unsubscribe by asking for the cancellation instructions available on email@example.com.
13. General Terms
- Crowdfunding, utilities and tools
- Whole Agreement
This Agreement, together with any other terms of KEBI governing the use of the KEBI Services, constitutes the entire agreement between you and KEBI. The Agreement may not be amended or changed except in writing and signed by KEBI. The inability of KEBI to exercise any right under this Agreement shall not constitute a waiver of any right or any other right. If any part of this Agreement is deemed unenforceable, all other parts of this Agreement shall continue to be in full force and effect.
- Applicable law
If you live in the EEA, the United Kingdom, Switzerland, Brazil, Hong Kong, Mexico or Russia, (i) this Agreement is between you and Kebi Srl, Viale Bacchiglione 21 , 20139 Milan PI Commercial Register 11266430693 REA: MI - 2590669 ; (ii) the laws of your country of residence govern this Agreement and your use of the KEBI Services; and (iii) expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or KEBI’s Services will be the court of your country of residence.
If you live in the Republic of Korea,(i) this Agreement is between you and Kebi Srl, Viale Bacchiglione 21 , 20139 Milano PI Commercial Register 11266430693 REA: MI - 2590669 ; (ii) the laws of Korea, excluding the conflict of law rules, govern this Agreement and your use of the KEBI Services; and (iii) expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or KEBI Services shall be the courts of Korea.
If you live in the United States, Canada or Japan,(i) this Agreement is between you and Kebi Srl, Viale Bacchiglione 21 , 20139 Milano PI Commercial Register 11266430693 REA: MI - 2590669 ; (ii) the laws of the State of California, excluding the conflict of law rules, govern this Agreement and your use of the KEBI Services; and (iii) expressly agree that for complaints and disputes not subject to the following arbitration agreement, the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or KEBI Services will be the federal or state courts that govern San Mateo County , California, and you expressly consent to the exercise of the personal jurisdiction of such courts.
If you live in another country,(i) this Agreement is between you and Kebi Srl, Viale Bacchiglione 21 , 20139 Milano PI Commercial Register 11266430693 REA: MI - 2590669 ; (ii) the laws of the State of California, excluding the conflict of law rules, govern this Agreement and your use of the KEBI Services; and (iii) expressly agree that for claims and disputes not subject to the following arbitration agreement, the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or to KEBI’s Services shall be the Italian state courts, Milan, and expressly consents to the exercise of the personal jurisdiction of such courts.
The United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this Agreement or to any dispute arising out of or relating to this Agreement.
14. Amendments to this Agreement
KEBI may amend this Agreement from time to time, so please review it frequently. For KEBI users who have accepted an earlier version of this Agreement, revisions will take effect 30 days after publication. Continued use of KEBI services implies acceptance of changes. Once we have accepted a version of the Agreement, we will not apply future substantive changes without your express consent. If you are asked to accept substantial changes to this Agreement and you refuse to do it, you may not be able to continue using the KEBI Service provided.
15. Settlement of disputes by binding arbitration
THIS SECTION APPLIES TO ALL CONSUMERS AND PERSONS WHO HAVE ACCEPTED THE TERMS OF THIS CONTRACT. EXCLUDES RESIDENTS OF QUEBEC, RUSSIA, SWITZERLAND, BRAZIL, MEXICO, MEMBER STATES OF THE EEA, UNITED KINGDOM AND THE REPUBLIC OF KOREA. BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU AND EA EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY THE JURY AND THE RIGHT TO TAKE PART IN A CLASS ACTION.
This section 15 offers a simplified way to resolve disputes between us if they occur. Most of your concerns can be resolved quickly and satisfactorily by sending an email to KEBI customer support with your account. If KEBI is not able to solve your problem, you and KEBI agree to be bound by the procedure established in this Section to resolve any disputes between us.
This Section 15 is an agreement between you and KEBI and applies to our respective agents, employees, subsidiaries, predecessors, successors, beneficiaries and successors. This arbitration agreement highlights a transaction in interstate trade, and therefore the Federal Arbitration Act governs the interpretation and application of this Section 15 and any arbitration carried out under this Section. This Section 15 shall be construed broadly and shall survive termination of this Agreement.
- Claims covered by arbitration
All disputes and complaints arising out of or relating to this Agreement, any KEBI Service and its marketing, or the relationship between you and KEBI, including the validity, applicability and scope of this Section 15 ("Disputes" )shall be determined exclusively by binding arbitration. This includes claims that have been made prior to signing this Agreement. The only Disputes not covered by this Section 15 are claims (i) relating to the infringement, protection or validity of trade secrets, copyrights, trademarks or patents of KEBI or its licensors; (ii) if you live in Australia, to enforce a consumer right under Australian consumer law; and (iii) brought to court for small claims.
- Informal negotiations
You and KEBI must first attempt to resolve any Dispute informally for at least 30 days before initiating arbitration. Informal negotiations begin upon receipt of a written communication from one party to the other ("Notice of Dispute"). Dispute Notification must: (a) include the full name and contact details of the complaining party; (b) describe the nature and basis of the complaint or dispute; and (c) set out the specific measure requested. KEBI will send its Dispute Notification to your billing address or email. You will send the Dispute Notification to: Kebi Srl,Milano PI Commercial register 11266430693 REA: MI - 2590669
- Binding arbitration
If you and KEBI cannot resolve a Dispute informally, you or KEBI may decide to settle the Dispute definitively and exclusively by binding arbitration. Any election to arbitrate on the one hand shall be final and binding on the other. The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules ("AAA Consumer Rules"), with the following modifications:
- Arbitration fees and costs will be governed by the AAA Consumer Rules. If the arbitrator considers that these costs are excessive, or if he sends KEBI a notice to the above Dispute Notification indicating that you are not able to pay the administrative costs required to initiate an arbitration, KEBI will pay all administrative expenses of AAA.
- If the Dispute does not exceed $25,000, the arbitration will be conducted only on the basis of written submissions.
- The parties may table any motions or dispositive motions in the course of the proceedings.
- The arbitrator will take a decision in writing, which shall include the findings and conclusions on which the decision is based. The arbitrator shall have the authority to issue any measure permitted by applicable law, but may grant a declaratory or injunctive order only to the individual party seeking redress and only to the extent necessary to provide remedy justified by that party’s individual claim.
- The arbitrator shall follow the applicable law and any ruling may be challenged if the arbitrator does not do so. You and KEBI can file a lawsuit in court to compel arbitration, stay the proceedings pending arbitration or to confirm, modify, annul or make a judgment on the award entered by the arbitrator.
YOU AND KEBI AGREE THAT EACH PERSON MAY ONLY BRING COMPLAINTS AGAINST THE OTHER IN YOUR OR HIS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDINGS FOR ALL DISPUTES. The arbitrator will not consolidate another person’s complaints with your complaints and will not preside over any kind of representative or class proceedings. If this paragraph D is deemed unenforceable, the whole of this arbitration agreement shall be null and unvalid.
If you live in the United States, arbitration will take place in the county where you reside. For residents outside the United States, arbitration will be initiated in Milan Italy and you and KEBI agree to submit to the personal jurisdiction of that tribunal, in order to compel arbitration, to remain proceedings pending arbitration, or to confirm, modify, annul or issue a judgment on the award entered by the arbitrator.
If the arbitrator decides in your favour on the merits of any claim against KEBI and issues you a premium of higher monetary value than the last written settlement offer of KEBI made before KEBI makes its final written submissions to the arbitrator, then KEBI will do it:
- Pay 150% of the arbitral award, up to €5,000 EURO in addition to the arbitral award;
- Reimburse the arbitration fees you paid to the AAA.
- Changes to this Arbitration Agreement
KEBI will not apply substantial changes to this Arbitration Agreement unless you expressly agree to the changes.
If any clause within this Section 15 (other than the collective action waiver clause referred to in paragraph D above) is deemed unenforceable, this clause shall be separated from this Section 15 and the remainder of this Section 15 shall remain in full force and effect.
16. Additional terms for CROWDFUNDING
- Claims covered by arbitration
- For Digital Event Purchases
The purchase of access or participation in crowdfunding is subject to the Terms of Service and the Individual Event User Agreement. The digital Fans Meeting service was sublicensed to you by third-party suppliers. Unless otherwise stated, the content available in any KEBI project has the same possibility to be deleted or reimbursed.
- For Physical Events Purchases in Europe
Any content purchased or supported project will be subject to the Terms of Service and the Individual Event User Agreement. Please check the rights of use for each purchase as they may vary from event to event. Unless otherwise stated, the content available in any KEBI project has the same possibility to be deleted or refunded.
- Kebi account holders will be able to purchase a limited number of VIBES from 15 October 2020. The same will correspond to the same number of FAN POINTS in the "RANKING" section.
- Account owners who receive purchased VIBES can support Kebi projects, at the absolute discretion and responsibility of the choices of the same and will not be made any refund or correspondence about the fact that a particular account does not use them on the portal. KEBI accounts that have received or will receive VIBES under this document will only receive a notification from the ecommerce system used to pay the corresponding amount.
- Purchased VIBES are not cash ( "TOKEN") or other cash alternatives, are non-transferable, cannot be used for discounts and cannot be sold or exchanged.
- In order to use the VIBES, your account must have access to the KEBI portal.
- VIBES do not have an expiry date and can only be used to support KEBI projects. All other uses are excluded.
- VIBES are subject to the terms and conditions of use, including the sections of the KEBI User Agreement.
- VIBES will not be replaced in case of support errors, loss of Kebi account or personal account to access KEBI.
- Online: Account holders who have supported projects with purchased VIBES and cannot participate in physical or digital events will NOT be reimbursed for the VIBES used VIBES PURCHASE for support and they will not be credited for a new use. VIBES used to support a past project will no longer be available for other initiatives.
- If there is reason to believe that there has been a breach of these terms and conditions or fraudulent acts, KEBI may, in its sole discretion, refuse to deliver the VIBES or FANS POINT and delete the account of the portal.
- KEBI assumes no liability for the incapacity of any recipient of VIBES or FANS POINT pursuant to this document: support or login errors to your account or that you no longer want to support a project or sudden loss of Fans Point, due to networks, hardware or networks of your own or third party software failure of any kind.
- KEBI reserves the right to alter or cancel VIBES and FAN POINTS promotions or to update and / or modify these terms and conditions at any time, if deemed necessary in its notice or in case of unforeseen circumstances.
- In the event of a dispute, KEBI’s decision is final and no correspondence or discussion will be initiated.
- KEBI reserves the right, at its reasonable discretion, to cancel accounts or support projects of any person whose conduct is contrary to the spirit of these terms and conditions or the intention of KEBI projects.
- KEBI is: Kebi Srl, Viale Bacchiglione 21, 20139 Milano PI Commercial register 11266430693 REA: MI - 2590669
- To the extent permitted by applicable law, these terms and conditions shall be interpreted and interpreted in accordance with Italian law. The contract between each account holder and Kebi is deemed to be concluded and executed in Italy.