Terms of Service
OVERVIEW
This website is operated by King Penguin Express (“KPX”). Throughout the site, the terms “we”, “us” and “our” refer to KPX. KPX offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current Service shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE SERVICE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our Service or products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your use of the Service.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our Service or products are in USD and subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – FEES & SUBSCRIPTIONS
Use of our services requires payment of recurring fees. Before we have any obligation to provide services, you must pay the fees (as well as applicable taxes) in full, in such amounts and for such billing frequency as specified during registration, as updated (prospectively, not retroactively) by you from time to time. All fees are due upon receipt of invoice. Failure of KPX to provide an invoice does not relieve you of your obligation to pay the fees in accordance with the terms specified when you register. You agree that, upon registering for the services, you authorize us to charge your method of payment (e.g., credit card) for the fees and applicable taxes from your registration date based upon your chosen billing frequency (e.g., monthly, quarterly, annually). Overdue charges will accrue interest monthly at the rate of 1.5% of the then-outstanding unpaid balance, or the maximum rate permitted by law, whichever is lower. We reserve the right to suspend or terminate your account in the event you fail to pay amounts owed to us when due. All amounts owed under this Agreement are non-cancelable and non-refundable, except as specifically provided in this Section 5.
We reserve the right to change our fees upon 5 days’ advance notice. By continuing to use the Service, you accept such changes. We are not required to notify you of temporary promotions or reductions in fees.
You may cancel your subscription with us at any time directly in our application, or by contacting our support team. If you cancel your subscription before the next renewal cycle, you can continue using your account and accessing your design files until the end of your paid billing term. When your subscription expires, you will no longer have access to the Service and all design files associated with the Service. Upon the cancelation or expiration of your subscription, KPX is not obliged to retain any of your digital files associated with the Service. We do not provide refunds or credits for partial months of service, downgrades, or unused time.
Payment for any quarterly, bi-annual, or annual subscription must be made in full, in order for the subscription to commence. At the end of a given term of a quarterly, bi-annual, or annual subscription, the subscription will renew for the same duration, at current rate, if no further action is requested or taken by the individual who has initiated the subscription.
It is the sole responsibility of those who sign up for a KPX subscription to cancel the Service, ahead of their billing date, if they do not intend to use the Service during a subscription period.
SECTION 6 – USE OF THE SERVICE
You may use the Service for as many projects as you prefer under the applicable subscription and as appropriate based on the scope of your subscription so long as your account is in good standing, i.e. you have paid your monthly subscription fee and have complied with the overall Terms of Service.
KPX accepts unlimited requests, however the volume of turnarounds is determined by the type of subscription(s) a client has.
Human error happens. Sometimes it may be on our end. Sometimes it may be on yours. So be sure to carefully review each and every output you receive from KPX to make sure they are sufficient for their intended use. If any errors or inaccuracies are detected, it is your responsibility to request revisions within the scope of the KPX services.
You must be the owner, or have the necessary rights, licenses, and authorization to distribute, all of the information, data or materials that you provide to KPX while using the Service. And by submitting any information, data or materials to KPX you are granting the Service a worldwide, royalty free, non-exclusive license to access and use the information, data, or materials to provide the Service.
You are, and will be, the sole and exclusive owner of all right, title, and interest in and to the design outputs you receive from KPX, including all intellectual property rights therein. Notwithstanding the foregoing, the terms of this Section 6 are subject to your compliance with this Agreement, your full payment of applicable amounts due and the terms of Section 5 above and Section 7 below.
Unless otherwise stated, KPX, the tools and services, are the property of KPX, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics of any kind and in any format (herein, collectively or individually, the “Content”), as well as the trademarks, Service marks, and logos contained therein (the “Marks”), are owned and controlled by KPX. The Content and Marks are given “as is” for your personal information and use only. Without KPX’s express prior written permission, no part of the Website or Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever.
In the course of providing the services, we may use certain pre-existing materials as outlined in “Section 8 – Stock Services”. We and our licensors are, and will remain, the sole and exclusive owners of all right, title, and interest in and to any pre-existing materials. We grant you a perpetual, limited, royalty-free, non-transferable, non-sublicensable, worldwide license to use, display, and distribute any pre-existing materials to the extent incorporated in, combined with, or otherwise necessary for the use of the Service or design outputs. We expressly reserve all other rights in and to such pre-existing materials.
In the event that you wish to sell any of the design outputs you receive from KPX through its Service, you must advise your design team of this at the time at which you make your design request. If you and/or your company will not be the end-user of any given design output and you will be reselling any given design output, you must advise your KPX design team of this so that they can ensure that all elements of your design outputs have the appropriate licenses and/or are created as custom elements for your commercial use (i.e. resale). In the event you wish to monetize a digital asset provided to you, KPX shall have no liability for any claims arising from the monetization of such digital asset.
We reserve the right, but are not obligated, to limit the sales of our services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any services that we offer. All descriptions of services or Service pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any service at any time. Any offer for any service made on this site is void where prohibited.
SECTION 7 – PORTFOLIO LICENSE
You hereby grant KPX a limited, nonexclusive, non-sublicensable, royalty-free worldwide license, hereby known as the “Portfolio License”, to use, publish, and display any deliverables that we develop in connection with the KPX Service for the purpose of marketing and advertising for KPX, and/or KPX client dashboard that we develop in connection with the KPX Service for the purpose of demonstrating how the KPX Service works.
SECTION 8 – STOCK SERVICES
"Licensed Content" refers to content owned or licensed by KPX, including artwork, photographs, audio, video, designs, and writings. While KPX clients retain ownership of their design projects, the Licensed Content within them is subject to the described license. You are granted no rights beyond those expressly outlined herein. By providing feedback, suggestions, or recommendations, you grant us a perpetual, irrevocable, worldwide, nonexclusive, transferable, sublicensable right to commercially exploit them.
You agree to adhere to any third-party licenses for Licensed Content we obtain. Without our written permission, you may not: (i) transfer your usage rights apart from a design deliverable prepared by us or for personal use; (ii) create derivative works of Licensed Content; (iii) falsely represent yourself as the content creator; (iv) use Licensed Content unlawfully; (v) enable others to download, extract, or redistribute Licensed Content; (vi) use Licensed Content in connection with sensitive subjects without indicating its illustrative purpose and model disclaimer.
Our licensors and we maintain ownership of Licensed Content incorporated into your design deliverable. Failure to comply with this agreement may result in termination of all licenses, including access to Licensed Content. Upon termination, you must cease all use of Licensed Content, including that included in your design deliverable.
SECTION 9 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 10 – REFUNDS
It is the sole responsibility of those who sign up for a KPX subscription to cancel the Service, ahead of their billing date, if they are not satisfied with the Service, or do not intend to use the Service. Refunds will only be considered in extenuating circumstances, at KPX’s discretion, and will not be granted due to inactivity by a KPX client, or if a KPX client has forgotten to cancel their subscription prior to their billing date. Once a subscription payment has been processed, the Service will be delivered until the final date of the subscription period. This is void in the event that a refund is requested and granted.
All refund requests are reviewed, approved and processed at the sole discretion of KPX and are subject to a 5% administrative fee (5% of the value of the refund). The 5% administrative fee covers the non-refundable charges applied by the secure payment processing platform.
If a refund request is approved for a month-to-month subscription, the refund will be issued for the equivalent of either a pro-rated monthly payment or one monthly payment, at KPX’s discretion, to the original payment method within 3-4 business days. Refund requests for month-to-month subscriptions will not be approved for more than one pro-rated monthly payment or one monthly payment.
If a refund request is approved for a quarterly, bi-annual, or annual subscription, the refund will be issued in the amount equivalent to the cost of the remainder of the subscription term, less the cost of the subscription used to date. The cost of the subscription used to date will be calculated based on the full price of the monthly subscription and all promotions and promotional pricing applied to the quarterly, bi-annual, or annual subscription will no longer be valid. Refunds approved, at KPX’s discretion, will be issued to the original payment method within 3-4 business days.
To initiate a refund request please send an email to support@kingpenguinmedia.com outlining the grounds on which you are submitting your refund request.
SECTION 11 – OPTIONAL TOOLS
We may offer access to third-party tools, which we do not monitor or control. You agree that such tools are provided "as is" and "as available" without warranties or endorsements, and we have no liability for your use of them. Your use of optional tools is at your own risk, and you should review and approve the terms provided by the third-party provider(s). Any new services or features introduced on the website will also be subject to these Terms of Service.
SECTION 12 – THIRD-PARTY LINKS
Our Service may feature content, products, and services from third parties. Links to third-party websites on our site are provided for convenience and we do not endorse or take responsibility for their content or accuracy. We are not liable for any harm or damages resulting from transactions or interactions with third-party websites. Before engaging in any transaction, review the policies and practices of the third party. Any issues with third-party products should be addressed directly to them.
SECTION 13 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you submit comments, whether at our request or unsolicited, such as contest entries or creative ideas, you agree that we may freely use, edit, and distribute them without restriction. We are not obligated to keep comments confidential, compensate for them, or respond to them.
We may, at our discretion, monitor and remove content that we deem unlawful, offensive, or violating intellectual property rights or our Terms of Service.
You agree that your comments will not infringe on any third-party rights, including copyright or trademark, and will not contain unlawful or abusive content or malware. You are responsible for the accuracy of your comments. We do not assume liability for comments posted by you or others.
SECTION 14 – ERRORS, INACCURACIES AND OMISSIONS
We may occasionally have inaccuracies or omissions in our site or Service regarding product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct these errors, update information, or cancel orders without prior notice. We are not obligated to update information unless required by law. The absence of a specified update date does not imply that all information is current.
SECTION 15 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 16 – CONFIDENTIAL INFORMATION
For purposes of this Agreement, "Confidential Information" refers to non-public or proprietary data, including business strategies, products, research, designs, and marketing plans.
Throughout our relationship, you may share Confidential Information with us. We agree to keep this information confidential, only sharing it as directed by you in writing, and using it solely for providing services to you. Access to this information will be restricted to relevant employees and authorized personnel, and we will be accountable for any breaches by our staff. Similarly, we may share our Confidential Information with you. You agree to maintain its confidentiality, only disclosing it as permitted in this Agreement. Access to our Confidential Information will be limited to necessary personnel. You will be responsible for any breaches by your team.
Exceptions to Confidential Information include data in the public domain, information already possessed lawfully, independently developed data, and information obtained from a third party without violating this Agreement. Confidentiality obligations remain in effect for five years post-termination of this Agreement.
SECTION 17 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We make no guarantee regarding uninterrupted, timely, secure, or error-free service. It is your responsibility to review and request revisions if necessary. We may suspend or cancel the Service without notice. Your use of the Service is at your own risk. The Service is provided 'as is' and 'as available' without any warranties. We are not liable for any damages, whether direct, indirect, incidental, punitive, or consequential, arising from the use of the Service or any related products. In no case shall KPX, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for a client’s use and/or implementation of an output received from KPX. Our liability is limited to the maximum extent permitted by law.
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless KPX and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 19 - DIGITAL MILLENNIUM COPYRIGHT ACT
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Site infringe your copyright, you may request removal of those materials from this Site by submitting written notification to our agent designated below.
In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the ”DMCA Notice”) must include substantially the following: (1) your physical or electronic signature; (2) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on this Site, a representative list of such works; (3) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (4) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (5) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (6) a statement that the information in the written notice is accurate; and (7) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated agent to receive DMCA Notices is:
KPX Manager
King Penguin Media, LLC
9542 Gainey Ranch Avenue
Las Vegas, NV 89147
SECTION 20 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 21 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).
SECTION 22 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 23 – GOVERNING LAW
This Agreement is governed by, and construed in accordance with, the laws of the State of California, without regard to any choice of law, conflicts of law or other principles that would result in the application of the laws or regulations of any other jurisdiction. Any legal action, claim, or proceeding relating to or arising out of this Agreement shall be instituted in a state or federal court of competent jurisdiction in Los Angeles County, California. The parties agree to submit to the exclusive jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
If no court in Los Angeles County, California is found to have jurisdiction, then the parties shall adjudicate any dispute arising out of or relating to this Agreement by binding arbitration administered by the International Centre for Dispute Resolution in Los Angeles, California in accordance with its International Arbitration Rules. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
THE PARTIES AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
THE PARTIES AGREE THAT ANY CAUSE OF ACTION OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
SECTION 24 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.