Publisher's Agreement

(updated March 24, 2022)

This Publisher's Agreement (“Agreement”) is a binding contract between you (“Publisher,” “Content Provider,” or “you”) and Keyosk, LLC (“Keyosk,” “we,” or “us”) regarding your use of, and submissions of content to, the website at www.keyosk.co (collectively, “Site/Services”).

This Agreement includes not only the terms below, but also fully incorporates Keyosk's Terms of Use and Privacy Policy. We recommend that you print or save a copy of this Agreement for your records and review it with your legal and other advisers prior to acceptance. By clicking on the "Login" or "Get Link" buttons, you accept and agree that the terms in this Agreement form a legally binding agreement between you and Keyosk each time you access and/or use the Site/Services. If you do not agree with all terms in this Agreement, including the Terms of Use and Privacy Policy, you are not authorized to use the Site/Services. Keyosk may amend this Agreement at any time by posting an amended version on www.keyosk.co.

Representations & Warranties

With any use of the Site/Services, including but not limited to any submission of any Content, you hereby represent and warrant the following, as specified in the Terms of Use:

you are 16 years of age or older,
if you are below the age of 18 years, you expressly agree that you have secured your parent's or guardian's permission to use the Site/Services and enter into this Agreement, and your parent or guardian also agrees to be bound by this Agreement on your behalf,
you are fully able, competent, and authorized to enter into this binding Agreement,
if you are agreeing to this Agreement on behalf of any entity or organization, you are fully authorized to act on that entity's or organization's behalf and bind it to this Agreement,
you will abide by and comply with this Agreement, and your access and use of the Site/Services are for your personal use,
your access and use of the Site/Services shall comply with all applicable laws, rules, and regulations, and not violate any intellectual property rights or other rights of any party,
you will not post, upload, link, or transmit to the Site/Services any Content or information that is false or inaccurate, or any material or Content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or any telecommunications equipment,
you will not frame or apply framing techniques to the Site/Services,
you will not use data mining, robots, or similar data gathering and extraction tools on the Site/Services,
you will not reverse engineer, decompile, disassemble, revise, modify, or violate the security of this Site/Services or attempt to do so,
you will not use, copy, modify, create derivative works of, distribute, sell, deliver or otherwise transfer, directly or indirectly, any part, portion, or content of this Site/Services unless expressly permitted, in writing, in advance by Keyosk,
you will not post or submit any false, inaccurate, misleading, deceptive, defamatory, or libelous Content or information (including, but not limited to, your contact information) on, about, or through the Site/Services,
you will not provide to, send to, or post on the Site/Services any pornographic or obscene Content, or portions thereof, and you agree that we have, in our sole discretion, the right to remove any such Content from the Site/Services and suspend or terminate your access thereto,
you own any and all Content you provide to, send to, or post on the Site/Services, or you expressly (in writing) own or otherwise control all necessary rights to do so,
you will not provide to, send to, or post on the Site/Services any Content that infringes the intellectual property, privacy, publicity, or any other rights of any third party.

You also represent and warrant that:

you have read and agree to all the provisions in Keyosk's Terms of Use and Privacy Policy (available here and here) for the Site/Services, including but not limited to the Use License; Disclaimers, Limitations of Liability, Exclusions of Damages; Intellectual Property clauses; Indemnification and Release; Applicable Law, Venue, and Jurisdiction;
your submitted Content: (i) is your own original work, (ii) was created solely by you, (iii) has not been previously produced, published, distributed, or otherwise exploited, (iv) is not, as of the date of submission, the subject of any actual or threatened litigation or claim, (v) does not violate or infringe the intellectual property rights or other rights of any other person or entity, including, but not limited to, copyright, and (vi) does not violate any applicable law, regulation, or rule.

You have options for the pricing of your Content. See Plans here. If you choose to charge a fee for your Content, you agree to the following:

Payment to Keyosk: For pricing options that include a platform fee (a percentage of your sales of Content), you agree to pay us a percentage of the total amount charged by you to users (the “Revenue Share”). The remaining amount, after any fees deducted for processing (i.e., credit card processing), will be retained by you. The Revenue Share percentage is set between you and us when you select a pricing option. You agree that all payments to us are non-refundable.

No Circumvention: You agree that payments from users will be processed through the method used by the Site/Services, including the payment processing platform or vendor used by Keyosk (e.g., Stripe Connect). You may not circumvent your payment obligations to us by soliciting payment from a user independently or through a different channel.

Taxes: You agree that you shall bear and be responsible for any and all applicable federal, state, local, and foreign taxes, duties, tariffs, levies, withholdings, and similar assessments (including without limitation, sales, use, and value-added taxes) related to your Content.

Deleting Content: You may delete your Content at your discretion. However, please note that if you delete Content, for example, the screenshot of said Content has been saved for Keyosk's business purposes.

Disputes: If there is a dispute between you and a user about payments or any other issue, you agree that Keyosk is not liable for, and will not participate in, such dispute.

Reporting a User: You may bring to our attention that a user is violating the Site/Services Terms of Use by sending an email to support@keyosk.co. After you provide us with written notice and details of the violation, we will determine whether the user's access to Content should be suspended or terminated.

Terms of Use

By agreeing to this Agreement, you are agreeing to all of the terms in Keyosk's Terms of Use available here.

Privacy

By agreeing to this Agreement, you are agreeing to all of the terms in Keyosk's Privacy Policy available here.

Termination of Services

Either party may terminate this Agreement at any time for any reason. Upon such termination, your right to use the Site/Services immediately ceases. Without limiting other remedies, Keyosk may issue a warning, temporarily suspend, indefinitely suspend, or terminate your access and/or use of the Site/Services if: (i) you breach this Agreement or the documents it incorporates by reference, or breach any other agreement between you and Keyosk; (ii) we are unable to verify or authenticate information you provide to us; or (iii) we believe that your actions may cause financial loss or legal liability for you, us, or other users. Keyosk has no obligation to monitor the Site/Services, but Keyosk reserves the right to review content provided through the Site/Services and to remove any content in Keyosk's sole discretion. Keyosk reserves the right to refuse, suspend, or terminate access to the Site/Services to anyone for any reason at Keyosk's sole discretion.

General

Merger: This Agreement, including the Terms of Use and Privacy Policy, along with any additional terms, policies, rules, or regulations posted on the Site/Services constitute the entire agreement between you and Keyosk and govern your use of the Site/Services, superseding any prior agreements or communications between you and Keyosk.

Waiver: The failure of Keyosk to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

No Assignment: You may not assign or transfer your rights or obligations under this Agreement, in whole or in part. Keyosk may assign or transfer its rights and obligations under this Agreement. This Agreement shall inure to the benefit of and be binding upon the respective heirs, successors, and permitted assigns of you and Keyosk.

Severability: If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be curtailed only to the extent necessary to bring it within legal and enforceable requirements and all other provisions of this Agreement shall remain in full force and effect.

No Partnership/Agency: This Agreement does not create any employee, employer, agent, partner, partnership, or joint venture with Keyosk, and you do not have any authority of any kind to bind us in any way.

Notices

Any notices to Keyosk shall be sent by email to support@keyosk.co, or in writing at Keyosk, LLC, 21750 Hardy Oak Blvd., Ste. 104, PMB 80940, San Antonio, Texas 78258-4946, Attn: Legal.