Welcome To Raqk
We are truly excited to have you aboard! The Raqk platform is designed to allow others to easily collaborate, co-sell, and create beautiful and engaging shopping events online and bring to life unique products to share with audiences around the world. We provide Raqk Users with numerous tools and features for creating and publishing stunning Raqk Shops including seamless product integration and transparent, upfront communication tools for collaboration.
We have listed below important legal terms that apply to anyone who visits our web Site or uses the Raqk platform. These terms are a set of ground rules to protect both you and us, and make our services possible and more enjoyable for everyone.
These terms were last updated on 11/24/2017.
Definitions
# of Available Units means the amount of product the Brand has available and is holding on reserve until the end of the event duration. This is the total amount of product available for purchase during the event.
% Commission means the payout (percent of funds) the Brands sets and agrees to pay to the Shop Curator in connection with a Customer Transaction. The % Commission is a percentage of the total amount successfully processed per Transaction inclusive of the product price and shipping cost.
Brand means an independent seller on the Raqk platform that makes available a product for purchase. The Brand creates a Product Event, receives the Customer’s payment for their purchase Transaction and is responsible for delivering products purchased by Customers.
Collective Content means all Content made available through Raqk Services or accompanying Raqk Services as either User Content and Raqk Content.
Confidential Information includes any materials or information provided which is not publicly known and may pertain to business, financial, personal or technical information and is specifically designated in writing as “Confidential”. Confidential information does not include information that: (a) was in the public domain at the time it was received; (b) comes into the public domain after it was received through no fault of ours; (c) was received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
Content means text, graphics, logos, images, button icons, artwork, music, software, audio, video, information or other materials and media.
Co-Selling occurs when Shop Curators partner with Brands to feature product in their Raqk Shops and the Brand pays a Commission to Shop Curator on successful Customer purchase Transactions during the collaboration.
Customer means a Raqk User that completes a purchase Transaction in a Raqk Shop.
Platform Fees means any fee associated with a Transaction that includes Raqk fees but excludes applicable payment processing fees and % Commission.
Product Event means the set of product details and parameters for a product being sold and made available for purchase by a Brand.
Product Event Invite means all Content related to a Product Event and supplied by a Brand to a Shop Curator.
Raqk Content means all Content that Raqk makes available through the Raqk Services and Site, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding User Content.
Raqk Services means any services, technology tools, products, applications, widgets, platform, and Content linking provided by Raqk, including without limitation those contained on the Raqk Site.
Raqk Shop means an ecommerce shop on the Raqk platform where Product Events are accepted and the products are made purchasable.
Shop Curator means a person or entity that accepts a Product Event in their Raqk Shop. A Shop Curator Is also commonly referred to as influencer, publisher, ambassador, blogger, retailer, artist, or Content creator.
Shop Invite means all Content supplied by a Shop Curator (and Raqk Shop) that is interested in including a certain product in their shop.
Site means internet-based locations made available on Raqk.co including sub-domains, co-branded pages, international versions, mobile versions.
Stripe Account means the third-party payment processor account where the Brand and Shop Curator funds will be paid.
Transaction means a specific instruction to send money through the third-party payment processor in exchange for a product as provided for in these Terms.
Transaction Fees means any fee associated with a Transaction that includes Raqk Fees, Payment Processing Fees, and % Commission.
User or Raqk User means anyone using Raqk which includes Brands, Shop Curators, Customers, and other visitors to the Raqk platform, Raqk Shops, and web Sites.
User Content means all Content that a Raqk User posts, uploads, publishes, submits, transmits, includes or makes available through the Raqk Services, including without limitation.
Raqk: A Neutral Venue
The Raqk Services provides a Co-Selling ecommerce venue that allows two parties to collaborate to sell products. Raqk is designed to be a neutral platform for Users to buy, sell, and communicate with each other. We are not directly involved in any purchase Transaction or communication between Raqk Users (Brand, Shop Curator, or Customer) and we do not provide any assurances that Users (Brand or Shop Curator or Customer) will fulfill their obligations to you or to each other. The actions of Users are their own, and Raqk does not support or endorse them, nor does Raqk take responsibility for them.
Each product is offered as part of what we call a “Product Event.” We call it an event because the product is offered for a limited time, in limited quantities, and is provided to you in accordance with specific processing times, and shipping methods, and other parameters that are unique to the product being offered at that time. All the parameters for each Product Event are set by the Brand.
Raqk does not pre-screen products, Product Events, Brands or Shop Curators that use the Raqk platform. As such, it is your responsibility to ask questions and investigate a product, a Product Event, a Brand or Shop Curator to the extent you feel is necessary before making a purchase, sending Product Event Invites or Shop Invites, or collaborating on a Product Event. All purchases and collaborations are made by you voluntarily and at the sole discretion and risk of you, the “User”.
When a Brand publishes a Product Event Invite on Raqk, they’re inviting Shop Curators and Customers to form a contract with them. Any User who accepts a Product Event or makes a purchase is accepting the Brand’s Product Event offer, and forming that contract.
Raqk is not a part of this contract — the contract is a direct legal agreement between the Brand, those who accept the Product Event in their Raqk Shop (“Shop Curator”), and those who purchase product (“Customer”). The Brand is solely responsible for fulfilling the promises made in their Product Event and Product Event Invite and Shop Curator and Customer are responsible to fulfill their obligations per the promises and agreement in place for each contract agreement that is formed. That said, by accessing and using Raqk or its Sites, each User agree to follow a set of ground rules. Those ground rules are contained in this Terms of Service and represent a direct legal agreement between Raqk Users and Raqk.
Legal Agreement
These Terms of Service (“Raqk’s Terms”) are a legal agreement between you and Rack, LLC (which we will refer to as "Raqk", "we", "us", or "our"). You must be at least eighteen (18) years of age and possess the legal authority, right and freedom to enter into the Raqk Terms and to form a binding agreement, for yourself or on the behalf of the person or entity committed by you to the Raqk Terms in order to use the Raqk Service. By accessing or using the Raqk Services (including but not limited to, creating an Raqk account, creating a Product Event, creating a Raqk Shop, purchasing a product, or visiting our Site) you agree to comply with and be legally bound by all applicable laws and these Raqk Terms and you affirm that you are of legal age and have the legal capacity to enter into this Agreement. If you are using the Services on behalf of a company or entity, then you are agreeing to these Raqk Terms on behalf of that company or entity and you represent and warrant that you have the authority to bind the company or entity to these Raqk Terms, and in such event, “you” and “your” refers and applies to you and that company or entity. These Raqk Terms govern your access to and use of the Raqk Services and all Collective Content, and constitute a binding legal agreement between you and Raqk and other Raqk Users.
In agreeing to these Raqk Terms, you are also agreeing to be bound by the following terms, policies, and guidelines, which we consider to be part of the Raqk Terms:
In-System Product Event Terms
Raqk uses a third-party payment processor, Stripe (“Payment Processor”), to handle credit card processing, any and all payments, payouts and related payment services through the Raqk Services (“Payment Services”). Payment Services provided by the Payment Processor and your use of the Payment Services through the Raqk Services are subject to the Payment Processor’s Terms & Conditions.
If you do not agree to these Raqk Terms, then you may not access or use the Raqk Services and have no right to do so. The materials and Content contained in the Raqk Services are protected by applicable copyright, intellectual property law, and trademark law. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Stuff We Don’t Do And Aren’t Responsible For
Raqk makes no representations and does not provide warranties for or about the quality, safety, morality or legality of any Product, Product Event, Raqk Shop, Invite, Profile, Brand, Shop Curator, Customer, Raqk User or the truth or accuracy of User Content posted in Product Events, Raqk Shops, Invites, or other areas of the Raqk Services. Raqk does not oversee the performance of Product Events or Raqk Shops or represent that products will be delivered or Customer orders satisfied. Brands and Shop Curators are legally bound to perform on any promise and/or commitment to purchasing Customers and to any promise and/or agreements made between one another. Raqk does not pre-screen Users, User Content or third-party Content and you are solely responsible for any damage or loss to any party resulting from your actions or communications through the Raqk Services. By using the Raqk Services, you acknowledge and agree that all Content you access and actions you take through the Raqk Services is at your own risk.
Raqk is not liable for any damages or losses related to your use of the Raqk Services. When you use the Raqk Services, you release Raqk from claims, damages, and demands of every kind arising out of or in any way related to the Raqk Services. Raqk does not and is under no obligation to become involved in disputes between Users and or any third-party.
Creating An Account
To sign up for a Raqk account (an “Account”) or use the Raqk Services, you represent and warrant that you are at least eighteen (18) years of age and possess the legal authority, right and freedom to enter into the Raqk Terms and to form a binding agreement, for yourself or on the behalf of the person or entity committed by you to the Raqk Terms. In addition, you represent and warrant have the right to sell or purchase product and you agree to comply with all laws, restrictions, and regulations relating to the sale and export of products and information.
You represent and warrant that you are not a resident of (or will use the Raqk Services in) a country that the U.S. government has embargoed for use of the Raqk Services, nor are you named on the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable trade sanctioning regulations.
You agree to provide current, complete and accurate Account information. Your provided business address MUST be your actual address (no mail forwarding services).
You agree to promptly update your Account and other information, including your email address, Stripe Account, and other payment information, so that we can complete your Transactions and contact you as needed. We are not liable for missing or incorrect information that results in the loss of payment Transactions.
You are responsible for your Account and all the activity on it including keeping your password confidential and secure. Raqk cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password. If you find out that someone has used or is using your Account without your permission, you should report it to team@raqk.co. You acknowledge, consent and agree that anyone you authorize to use your Raqk Account may use the Raqk Services on your behalf and that you will be responsible for any actions made by such person.
You may not assign this Agreement or transfer any of your rights to or obligations under the Raqk Services to another individual or entity.
Export // Import Compliance
Export laws and regulations of the United States and any other relevant local export laws and regulations apply to the Raqk Services. You agree that such export laws govern your use of the Raqk Services (including technical data) and any Raqk Services deliverables provided under this Agreement, and you agree to comply with all such export laws and regulations. You agree that no data, information, software programs, product, and/or materials resulting from Raqk Services (or direct product thereof) will be exported, directly or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile technology. You agree to comply with all applicable laws and regulations for each purchase and delivery of product.
Please also be mindful of your country’s import restrictions. Please check with your local customs office to make sure an item can be imported into your country before purchasing. Based on your country’s import laws, you may be responsible to pay duties and/or taxes for your package. You agree to comply with all applicable laws and regulations for the purchase and delivery of each product that you purchase.
User Content // Your Intellectual Property
The Raqk Services includes areas in which Users may post, upload, publish or transmit User Content (i.e., images, information, including data that may be proprietary to you or other parties. You acknowledge and agree that you are solely responsible for all activity that you engage in and User Content that you upload, transmit, post, publish, display and make available through the Raqk Services or in connection to the Raqk Services and you represent and warrant that User Content and our use of such User Content will not infringe or violate any third-party's intellectual property rights, proprietary rights, copyrights, trademarks, patents, trade secrets, moral rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Raqk Terms or applicable law. You represent and warrant that you either are the sole and exclusive owner of all User Content that you make available through the Raqk Services or you have all rights, licenses, consents, and releases that are necessary to grant Raqk the rights in such User Content, as contemplated under these Raqk Terms.
Raqk does not claim ownership rights to your User Content. In addition, we limit the ways that we share User Content and other information that you provide us as laid out in our Privacy Policy, and will not disclose your Confidential Information to third-parties or other Users, except as required in the course of providing our Raqk Services. You understand and agree that when you upload your User Content, you are allowing Raqk to upload this Content to the Raqk Services, including cloud services, CDN’s, to make display adjustments and perform any other technical actions required. By uploading User Content, you agree to allow Raqk to store, display and allow others to view Raqk Shop Content, Product Event Content, and Profile Content. In addition, you agree to allow us to store and display the Content shown in Product Event Invites and Shop Invites which is made viewable to others who you share Invite links with. Raqk can, at any time, review all User Content submitted by you to its Raqk Services.
Brands agree to grant Raqk and Shop Curators who accept Product Events in their Raqk Shop, the right to promote Product Events and sell corresponding products within associated Raqk Shops. Brands agree that media, images, product descriptions, logos, trademarks, and other Content provided with each Product Event are available for Raqk and Shop Curators who accept Product Events in their Raqk Shops to be shared, reposted, and promoted during the Product Event period. Raqk makes no representations with regard to the length of time, if any, that Product Events will be promoted by Raqk or Shop Curators. It is the Brand and the Shop Curator’s responsibility that products and Product Events are represented accurately based on the information provided during the Product Event. Raqk shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your Raqk Shop or Product Event to promote the Raqk Services. All Content uploaded to the Raqk Services are protected by copyright laws and Users are responsible to respect those laws as part of these Terms.
By making available any User Content on or through the Raqk Services, you hereby grant to Raqk a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, store, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, by means of or to promote or market the Raqk Services.
Raqk takes no responsibly and assumes no liability for any User Content uploaded, posted, stored, displayed, published, transmitted or made available by you or any third-party, or for any loss or damage thereto, nor is Raqk liable for any mistakes, omissions, or errors therein. Raqk reserves the right to restrict or remove any User Content stored on the Raqk Services at any time and for any reason without notice.
Raqk’s Intellectual Property
The Raqk Services and Collective Content provided and accompanying the Raqk Services are protected by copyright, trademark, trade secret, and other applicable laws of the United States and foreign countries. You acknowledge and agree that the Raqk Services, and Collective Content, including all associated intellectual property rights, are the exclusive property of Raqk. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Raqk Services or Collective Content. You also agree not to change, translate, or otherwise create derivative works of the Raqk Services or Collective Content. Trademarks, service marks, logos, trade names and any other proprietary designations of Raqk Users or third-parties used on or in connection with the Raqk Services and Raqk Collective Content are used for identification purposes only and may be the property of their respective owners. As a Raqk User, you understand and agree that you are bound by the additional terms, guidelines and policies that apply to your use of the Raqk Services and Collective Content as may be updated from time to time.
Subdomains // URLs // Handles: Raqk may provide you with temporary use of a subdomain or URL paths or pages on the Raqk Services. You do not obtain rights of any kind in or to the subdomain or URL paths or pages. We may withdraw the availability of a subdomain and URL paths and pages at any time. You will hold us harmless for any and all use of the subdomain or URL paths and pages and any services or Content in relation to it. Raqk reserves the right to delete, cancel, discontinue any handle at any time within reason. Unconfirmed handles may be made available if not claimed within a reasonable time frame and Raqk Accounts that have been canceled may have their handle made available if no Product Events have occurred.
Third-Party Web Sites // Links // Products & Services
The Raqk Services may enable You to link to, transmit your Content from, or otherwise access, other web Sites, Content, products, services, and information of third-parties that are not owned, endorsed, or controlled by Raqk. Access to or use of third-party Sites or services are at each User's own risk. You acknowledge and agree that we provide access to such third-party Sites or services ”as is” and “as available” and we do not warrant and will not have any liability or responsibility for any third-party materials or web Sites, or for any other materials, products, or services of third-parties. Raqk is not responsible for examining or evaluating the Content or accuracy for any third-party web Site or service and we shall have no liability whatsoever arising from or relating to your use of third-party Sites or services. We encourage Users to be aware of when they leave the Raqk Services, and to read the terms and conditions and privacy policy of any third-party web Site or service that they visit. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Payment Processor Services
Credit card payment processing services, any and all payments, payouts and related Payment Services through the Raqk Services are provided by Stripe, Inc. ("Stripe") and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By continuing to operate as a Brand or Shop Curator on Raqk, you agree to be bound by the Stripe Services Agreement, which may be modified by Stripe from time to time. As a condition to Raqk enabling credit card payment processing services and other Payment Services through Stripe, you agree to provide Raqk accurate and complete information about you and your business, and you authorize Raqk to share any such information with Stripe, as well as Transaction information related to your use of the payment processing services provided by Stripe. In all cases, standard credit card or other third-party processing fees apply in addition to any Raqk Platform Fees. We are not responsible for the performance of any third-party credit card processing or third-party payment services.
You are responsible to ensure your Stripe Account is connected in order to process Customer Transactions, publish or accept Product Events, run a Live Product Event, and receive payment to your Stripe Account.
As a Brand, you agree to receive Customer Transaction sums (minus any Transaction Fees or Commissions) to your Stripe Account provided to the Raqk Services and as a Shop Curator, you agree to receive Commission sums to your Stripe Account provided to the Raqk Services.
Instagram Connected Content Services
By connecting your Instagram Feed, you are granting Raqk access to your Instagram account and you understand that Raqk will access, make available, display and store (if applicable) any Content that you have provided to and stored in your Instagram account ("Instagram Content") so that it is displayed and available on and through the Raqk Services. Unless otherwise specified in these Raqk Terms, all Instagram Content, if any, will be considered to be User Content for all purposes of these Raqk Terms. Please note that if Instagram or associated service becomes unavailable or Raqk’s access to your Instagram Account is terminated by Instagram, then Instagram Content may no longer be displayed or available on and through the Raqk Services.
Services Tools
Raqk or Raqk Users may use tools, scripts, software, and utilities (collectively, the “Tools”) to monitor and administer the Raqk Services. The Tools will not collect or store any of your Content residing in the Raqk Services environment, except as necessary to provide the Raqk Services, Service Analyses or troubleshoot service requests or other problems in the Raqk Services. Information collected by the Tools (excluding your Content) may also be used to assist in managing Raqk’s product and service portfolio, to help Raqk address deficiencies in its product and service offerings, and for Raqk Services management. Our Privacy Policy describes further how we may use any information collected by the Tools.
Service Analyses
Raqk may (i) compile statistical and other information related to the performance, operation and use of the Raqk Services, and (ii) use data from the Raqk Services environment in aggregated form for security and operations management, to create statistical analyses, and for research and development purposes (clauses i and ii are collectively referred to as “Service Analyses”). Raqk may make Service Analyses publicly available; however, Service Analyses will not incorporate your Content and will be provided in an aggregated and anonymized form. Raqk retains all intellectual property rights in Service Analyses.
Pricing // Fees // Taxes
All prices are listed in USD.
When using the Raqk Services and selling product on Raqk, you agree to Product Event parameters including but not limited to the pricing, shipping costs, terms of sale, processing/shipping terms, Commission percentage and associate Transaction Fees set forth for each Product Event and Customer Transaction.
Transaction Fees: If you sell product on Raqk, we (and our Payment Processor, Stripe) collect fees. Transaction Fees are only charged on Customer Transactions that are successfully processed by the Payment Processor, Stripe, and are calculated off the total sum of each Customer Transaction inclusive of the product price and shipping costs. In all successful Customer Transactions, standard credit card or other third-party processing fees apply in addition to any Platform Fees, and any Commission you grant to the Shop Curator who you collaborate with. Transaction Fees will be round to the nearest unit (e.g., cents). This means that, if the fee is 0.025, we’ll round up to 0.03. If the fee is 0.024, we’ll round down to 0.02. The Payment Processor’s fees may vary slightly based on your location.
How Transaction Fees are Disbursed: When a successful Customer Transaction occurs within the Raqk Services, Raqk instructs the Payment Processor, Stripe, to deduct the Platform Fees, and Commission from the Customer Transaction sum and disburse the Raqk Platform Fees to Raqk and Commission to the respective Shop Curator. Stripe’s payment processing fees are collected by Stripe on successful Customer Transaction charges. As a Brand, you agree to receive Customer Transaction sums (minus any Transaction Fees or Commissions) to your Stripe Account provided to the Raqk Services.
Raqk Platform Fees // Raqk Membership Fees: The Raqk Fees and additional membership plans (“Membership Fees”) are listed on the Membership page within the Raqk Services. All Raqk Platform Fees and Membership Fees being non-refundable.
Commissions: Any Commission percentage assigned to a Live Product Event will be disbursed to the designated Shop Curator’s Stripe Account (provided to the Raqk Services) on each Customer Transaction that is successfully processed by Stripe during the Live Product Event campaign period. Commission is calculated off the total sum of each Customer Transaction inclusive of the product price and shipping costs. Commissions are set by the Brand associated with the Product Event.
Terms of Sale and Return Policy is determined by the Brand for each Product Event: Any returns, refunds, or exchanges are addressed between Users. Users should work with and contact the Brand directly regarding any concerns about their purchase or Transaction.
Taxes: You, as a Raqk User, have sole and exclusive responsibility to determine your Tax obligations for your Transactions, including but not limited to the sale of goods and services and or payments you receive in connection with using the Payment Processor and it is your responsibility to assess, collect, report and remit the correct Tax to the appropriate tax authority whether in Customer jurisdiction, your jurisdiction or elsewhere. Raqk is not responsible for determining whether Taxes apply to your Transaction, or for collecting, reporting or remitting any Taxes to tax authority arising from any Transaction. You hereby indemnify and hold Raqk harmless from and against any and all liability related to Taxes.
Rights to Funds: We have no right to any funds transacted through the Raqk Services, except for Raqk Fees (explained above), Raqk Membership Fees, or as otherwise specifically provided in these Raqk Terms. You are responsible for paying any fees or Taxes associated with your use of Raqk Services.
Collection Rights: To the extent permitted by law, you hereby authorize Raqk to collect on any obligation you owe Raqk and you hereby authorize any Raqk Users to collect any obligations you owe said Raqk User. Raqk or Raqk User may issue an invoice for said amounts owed. Your failure to fully pay amounts that you owe Raqk or Raqk User is a material breach of these Raqk Terms and you will be liable for costs associated with collection in addition to the amount owed, including without limitation attorneys’ fees and expenses, costs of any arbitration or court proceeding, collection agency fees, and any applicable interest. If Raqk or a Raqk User is unable to collect any amounts you owe via the Raqk Services, Raqk and Raqk Users may engage in collection efforts to recover such amounts from you.
Canceling Your Account
You can cancel your Account by reaching out to us via the Contact Us form within the Raqk Services. Canceling your Account will not make Content you have already posted go away. All provisions of this agreement survive termination or canceling of an Account, including our rights regarding any Content you have already submitted to the Raqk Services. (For instance, if you have published a Product Event or accepted a Product Event in your Raqk Shop, canceling your Account will not remove the Product Event or Raqk Shop from the Raqk Services.) Raqk may retain the User Account information after termination or cancelation in accordance with regulatory, Accounting, and legal compliance procedures.
Termination Of Service // Our Right
We reserve the right, but are not obligated, to limit the sales or use of Raqk Services to any person, geographic region or jurisdiction at any time. We may exercise this right on a case-by-case basis.
The Raqk Services are controlled or operated (or both) from the United States. When using the Raqk Services, you must consent to the transfer of your personal data abroad, including to the US and other jurisdictions, and to generally process your information in accordance with this Privacy Policy. Unfortunately, we are unable to make Raqk available to you if you do not provide this consent. The Raqk Services may not be appropriate or available for use in some non-U.S. jurisdictions. You must comply with all applicable laws, rules, and regulations in connection with your use of the Raqk Services.
We reserve the right to cancel or remove any Product Event at any time and we reserve the right to refuse or cancel any order placed within the Raqk Services. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be fraudulent or are using the Raqk Services in a manner that the Raqk Services were not intended. We reserve the right to lock down or freeze any User Account or Raqk Shop. In the event that we make a change to an Account status, cancel an order or Product Event, or terminate your use of the Raqk Services, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided in your Raqk Account or at the time the order was placed. If you do not follow the Raqk Terms, we may cancel your Account.
Survival
In the event of termination or cancelation of your Account under these Raqk Terms, the terms in these Raqk Terms are continuing shall survive such termination or cancelation, including but not limited to the disclaimers, indemnity, limitations of liabilities, non-disclosure and keeping Confidential Information secure.
Changes to Terms & Raqk Services
Raqk reserves the right, at its sole discretion, to modify or discontinue the Raqk Services (or any part or Content thereof) or to modify these Raqk Terms at any time and without prior notice. We shall not be liable to you or to any third-party for any modification, price/fee change, suspension or discontinuance of the Raqk Services.
Raqk may also, in the future, offer new services, tools and/or features through the Raqk Services (including but not limited to, the release of new tools and resources which may be owned and operated by third-parties). Such new features, tools and/or services shall also be subject to these Terms of Services and collective Raqk Terms.
In addition, Raqk Transaction Fees are subject to change without notice. If we modify these Raqk Terms, Raqk Services or Fees, we will either post the modification on the Site or within the Raqk Services, or otherwise provide you with notice of the modification. We will also update the "Last Updated" date at the top of these Raqk Terms. By continuing to access or use the Raqk Services after we have posted a modification on the Site or within the Raqk Services or have provided you with notice of a modification, you are agreeing to be bound by the modified Raqk Terms.
Warranty // Disclaimer
The Raqk Services are provided to you on an “As Is” and “As Available” basis without warranty, and Raqk hereby disclaims all express or implied representations, warranties, guarantees, and conditions with regards to the Raqk Services and any Third-Party Content and any User Content made available to you through, within, or in conjunction with your use of the Raqk Services.
Raqk does not guarantee that (A) The Raqk Services will be performed error-free or uninterrupted, or that Raqk will correct all Raqk services errors, or (B) The Raqk services will meet your requirements, specifications or expectations. You acknowledge that Raqk does not control the transfer of data over communications facilities, including the internet, and that the Raqk services may be subject to limitations, delays, and other problems inherent in the use of such communications facilities. Raqk is not responsible for any delays, delivery failures, or other damage resulting from such problems. Raqk is not responsible for any issues related to the performance, operation or security of the Raqk Services.
Raqk is not responsible for the payment processor service or any obligations or services provided by Raqk Users. Raqk is not responsible for and disclaims any and all liability related to any and all Transactions. Accordingly, any Transaction with be made or accepted at the Raqk User’s own risk.
Dispute Resolution
Customers and Raqk Users should work with and contact the Brand directly regarding any concerns about their purchase or Transaction. Brands create Product Events that are offered through the Raqk Services. The Brand is responsible for the Product Events parameters that are established for the corresponding Product Event. Each Product Event has its own set of parameters such as time limits or other restrictions which may require the Customer to complete the Transaction within a certain timeframe or subject to other limitations or restrictions.
Users will work together respectfully to reach a mutually satisfactory resolution to any disputes. If you have a dispute with or make a claim against one or more Raqk Users relating to the Raqk Services, including but not limited to, a Transaction, Product Event, Invite, Profile, or Raqk Shop; Raqk is not a party to this dispute or claim. You hereby release Raqk (and our officers, directors, agents, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes and claims between you and Raqk Users and other service providers you might interact with as part of the Raqk Services. Raqk shall not be liable for any claims arising out of or relating to the products and services provided by Brands or Shop Curators, including but not limited to, any claims for false advertising, product defects, personal injury, death, or property damages.
Indemnification
You agree to indemnify, defend and hold Raqk and its officers, directors, employees, affiliates, agents, licensors and suppliers harmless from and against all claims, losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of these Raqk Terms by you.
Limitations Of Liability
Raqk shall not be liable for any indirect or consequential damages, or any loss of revenue or profits (excluding Transaction Fees and Membership Fees under this agreement), data, or data use. Raqk’s maximum liability for all damages arising out of or related to this agreement or your order, whether in contract or tort, or otherwise, shall in no event exceed, in the aggregate, $50 (USD ). To the extent permitted by law, you agree to file any claim you may have against Raqk within one month after such claim arose. Otherwise, your claim is permanently barred.
Errors, Inaccuracies And Omissions
Occasionally there may be Content, and information in the Raqk Services that contains typographical, technical, or photographic errors, inaccuracies or omissions. We are not responsible if Content and information made available in the Raqk Services is not accurate, complete or current. Raqk does not monitor nor warrant that any of the Content and information that may relate to, but not limited to, Product Events, Invites, product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability are accurate, complete, transmitted correctly or current. Raqk takes no responsibly and assumes no liability for any User Content uploaded, posted, stored, displayed, published, transmitted or made available by you or any third-party, or for any loss or damage thereto, nor is Raqk liable for any mistakes, omissions, or errors therein. We do not warrant that the quality of any products, services, information, Content, or other material purchased or obtained by you will meet your expectations, or that any errors in the Raqk Services will be corrected. Any reliance on the information on Raqk Services is at your own risk. The Raqk Services 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 the Raqk Services at any time, and to correct any errors, inaccuracies, or omissions, change or update information or cancel orders if any information in the Raqk Service is inaccurate at any time without prior notice (including after you have submitted your order) but we undertake no obligation to update, amend, or clarify any information on the Raqk Services, or related third-party web Sites or apps. You agree that it is your responsibility to monitor changes to the Raqk Services. No specified update or refresh date applied in the Raqk Services should be taken to indicate that all information in the Raqk Services has been modified or updated. You are responsible to notify us if there are any bugs in the system or inaccurate data.
Beta Releases And Trial Access Subscriptions
Raqk may provide you with a Raqk Service or Raqk Services on a trial basis (a “Trial Access Subscription”) or with “alpha”, “beta”, “pilot” or other early-stage Raqk Services, Raqk code, integrations or features (“Beta Releases”). Raqk may use good faith efforts in its discretion to assist User with Trial Access Subscriptions or Beta Releases. Nevertheless, and without limiting the other disclaimers and limitations in these Raqk Terms, User agrees that any trial access subscription or beta release is provided on an “as is” and “as available” basis without any warranty, support, maintenance, storage, sla or indemnity obligations of any kind. with respect to beta releases, user further acknowledges and agrees that beta releases may not be complete or fully functional and may contain bugs, errors, omissions and other problems for which raqk will not be responsible. accordingly, any use of a beta release is at user’s sole risk. We give You no warranty of any kind and are not responsible for any sort of problems or issues related to Your use of a Beta Releases. Raqk makes no promises that future versions of a Beta Release will be released or will be available under the same commercial or other terms. Raqk may terminate User’s right to use any Trial Access Subscription or Beta Release at any time for any reason or no reason in Raqk’s sole discretion, without liability.
Beta Releases and Feedback: We may offer You the opportunity to use and evaluate Beta Releases to get Your Feedback. You agree to provide reasonable Feedback to Raqk about your experiences using the Raqk Beta Releases. All of your Feedback shall be the property of Raqk and may be used by Raqk for any purpose it sees fit.
Beta Releases and Confidentiality: You acknowledge and agree that the Raqk Beta Releases and materials are the Confidential Information of Raqk and are not intended for public release. You acknowledge and agree that disclosure of any part of the Raqk Services or materials to any third party, including but not limited to any trade or consumer press, news agency, or any competitor of Raqk, will cause significant and irreparable harm to Raqk, the extent of which may be difficult to ascertain. Accordingly, you agree Raqk shall be entitled to injunctive relief as well as all other legal remedies that may be available in the event you breach this agreement. You warrant and represent that you will not post any comments or other communications which may be offensive or threatening.
Copyright Infringement Claims
We comply with the Digital Millennium Copyright Act. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. The Digital Millennium Copyright Act lays out a system of legal requirements for dealing with allegations of copyright infringement. Raqk complies with the DMCA, and we respond to notices of alleged infringement if they comply with the law and the requirements set forth by the DMCA. See http://www.copyright.gov/ for details.
We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
If you believe in good faith that materials available on the Raqk Services infringe your copyright, you (or your agent) may send to Raqk a written notice by mail or e-mail requesting that Raqk remove such material or block access to it. If you believe in good faith that someone has wrongly submitted to us a notice of copyright infringement involving Content that you made available through our Raqk Services, the DMCA permits you to send to Raqk a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.
Notices and counter-notices must be sent in writing to Raqk’s DMCA Agent as follows:
By mail to:
Raqk, LLCAttn: DMCA Agent
1644 Platte St. Ste 400
Denver, CO 80202
Or by e-mail to: legal@raqk.co
We reserve the right to delete or disable Content alleged to be infringing, and to terminate Accounts for repeat infringers. (We do this when appropriate and at our sole discretion.) Raqk may also at its sole discretion limit access to the Raqk Services and/or terminate, cancel, freeze or lock down the Accounts of any Raqk Users who infringe any intellectual property rights of others, whether or not such Users are deemed to be repeat infringers.
Governing Law // Binding Arbitration
These Raqk Terms are governed by and construed in accordance with the laws of the State of Colorado, USA and you agree to submit to the exclusive jurisdiction of the state and federal courts sitting in Colorado. You agree to waive all defenses or objections to such jurisdiction and venue.
These Terms include a binding arbitration agreement, which provides that certain disputes between you and Raqk will be resolved through binding individual arbitration and will not be decided by a jury or judge.
Notwithstanding the foregoing, if you are a resident of the United States, the following will apply with respect to any claim or dispute arising in connection with this Agreement or your use of the Raqk Services: Except for disputes that qualify for small claims court, all disputes arising out of or related to this Agreement or any aspect of the relationship between you and Raqk, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that Raqk and you are each waiving the right to trial by a jury. You agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (currently available at https://www.adr.org/aaa/faces/rules/searchrules/rulesdetail?doc=ADRSTAGE2021424 ). The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The applicable governing law will be as set forth in the previous paragraph. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
Notices
Raqk may give notices applicable to Raqk’s Users by means of a general notice on the Raqk Services, and notices specific to You by electronic mail to Your e-mail address on record in your Raqk Account information or by written communication to Your address on record in your Raqk Account information.
Communication
When you visit the Raqk Services and communicate with us electronically or make a purchase within the Raqk Services, you agree that you may receive communications from Raqk, Raqk Services, and Raqk Users. Email notifications will be sent via the Raqk Services to the email address(es) provided in your Raqk Account information regarding actions that take place within the Raqk Services, including but not limited to Customer Purchases, accepted Product Events, etc. You agree to be responsive to any notifications and communication in regards to actions that take place within the Raqk Services and to fulfill obligations in a timely manner per the Raqk Terms. You agree to communicate and respond respectfully, truthfully, and promptly to Users including but not limited to messages about their orders and to all inquiries and disputes posted to you by Raqk and Raqk Users. If you are unable to fulfill any of your commitments to Raqk Users, you will work with the appropriate parties involved to reach a mutually satisfactory resolution. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirements that such communications be in writing.
CAN – SPAM Act Compliance: Users sending emails, directly or indirectly, in connection with the Raqk Services, agree, acknowledge, represent and warrant that all such emails, and procurement of email addresses thereto, shall be in compliance with all applicable federal and state laws and regulations regarding the use of electronic messages, including without limitation the Controlling the Assault of Non-Solicited Pornography and Marketing Act (or “CAN-SPAM”) and the Children’s Online Privacy Protection Act.
Force Majeure
Raqk shall not be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; pandemic; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. We will use reasonable efforts to mitigate the effect of a force majeure event. If such event continues for more than 30 days, we may cancel unperformed Services and affected orders upon written notice. This Section does not excuse Raqk’s obligation to take reasonable steps to follow its normal disaster recovery procedures or Your obligation to pay for the Raqk Services.
Feedback
We welcome and encourage you to provide Feedback, comments and suggestions for improvements to the Raqk Services (“Feedback”). We appreciate Feedback, however, products, services, and features developed by Raqk might be similar or even identical to Feedback submissions received by Raqk and we are not obligated to compensate you for your Feedback. All submissions and Feedback shall be considered non-confidential and non-proprietary. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Raqk and you hereby irrevocably assign to Raqk and agree to irrevocably assign to Raqk all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback.
Merger
To the extent permitted by applicate law, we may freely assign all of our rights and obligations under these Raqk Terms in connection with a merger, acquisition, or sale of asset, or by operation of law or otherwise.
No Joint Venture // No Employment Or Agency Relationship
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by the Raqk Terms or by using the Raqk Services. Without limiting the foregoing, except as expressly set forth herein, Raqk is not acting and does not act as an agent or employer for any User or visitor of the Raqk Services.
Non-Disclosure // Confidentiality
By virtue of this Agreement, the parties may have access to information that is confidential to one another (“Confidential Information”). Confidential Information includes non-public information regarding business, financial, technical and personal information. We each agree to disclose only information that is required for the performance of obligations under this Agreement. All parties agree to take reasonable precautions to protect such Confidential Information and not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Confidential Information.
Copyright // Trademark Information
Copyright © 2017 Raqk, LLC. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Raqk Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Prohibited Use
Raqk Users are not permitted to use the Raqk Services to create Product Events or Raqk Shops for illegal activities, to cause harm to people or property, or to scam others. Raqk Users must comply with all applicable laws and regulations in connection with the Raqk Services. Raqk Users shall not make any false or misleading statements in connection with Product Events, Invites, Raqk Shops, Profiles or Account information.
Raqk Users must not: (1) include threatening, abusive, harassing, defamatory, libelous, or profane Content within or in connection to the Raqk Services, or Content that is invasive of another’s privacy; (2) impersonate any person or entity, including any employee or representative of Raqk, or (3) infringe any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violate any law or contract.
In connection with your use of the Raqk Services, or in the course of your interactions with Raqk, a Raqk User or a third-party, you will not:
Breach any law, statute, contract, or regulation (including, without limitation, those governing financial services including anti-money laundering, consumer protections, unfair competition, anti-discrimination and false advertising);
Allow your use of the Raqk Service to present to Raqk or Payment Processors a risk of non-compliance with each parties respective anti-money laundering, counter terrorist financing and similar regulatory obligations (including, without limitation, where your identity cannot be verified or where you expose Raqk or Payment Processors to the risk of any regulatory fines by US, European, or other authorities for processing your Transactions);
Conduct your business or use the Raqk Services in a manner that results in or may result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties and other liability to Raqk, a Payment Processor, a Raqk User, a third party or you;
Take any action that may cause us to lose any of the Raqk Services from our internet service providers, Payment Processors, or other suppliers;
Access the Raqk Services from a country that Raqk does not normally provide services or use an anonymizing proxy;
Provide false, inaccurate or misleading information to Raqk or through the Raqk Services or impersonate any person or entity;
Disclose or distribute another Raqk User’s Confidential Information to a third-party.
In addition to other prohibitions as set forth in the Raqk Terms, you are prohibited from using the Raqk Services for:
any unlawful purpose;
Illegal or very likely to be illegal activities;
Regulated activities;
any pornographic material or any sexually-related services such as prostitution, escorts, pay-per view, adult live chat features;
Transactions prohibited by banks processing these Transactions or the relevant payments associations;
any form of "security" or any form of financial incentive or participation in any profit sharing;
any form of lottery or gambling;
any human remains, such as bones or skulls;
any items promoting hate, discrimination, personal injury, death, damage, or destruction to property; or any items (a) prohibited by applicable law to possess or distribute, (b) that would violate applicable law if distributed, or (c) that would result in infringement or violation of another person's rights if distributed;
any offensive material (e.g., hate speech, encouraging violence against others, etc). Harassment, and other forms of abuse, slander, humiliation and intimidation;
goods or services that infringe the intellectual property rights or copyrights of a third-party included but not limited to illegal downloads, counterfeit goods, etc.;/p>
any alcoholic consumer products (vouchers or memberships offering physical delivery of alcoholic consumer products are permitted);
any controlled substance or drug paraphernalia;
any weapons, ammunition and related accessories;
to upload or transmit viruses, spyware, malware, corrupted data or any other harmful, disruptive or destructive files or any type of malicious code that will or may be used in any way that will affect the functionality or operation of the Raqk Service or of any related website, other websites, or the Internet;
to spam, phish, pharm, pretext, spider, crawl, or scrape;
for any obscene or immoral purpose;
to interfere with or circumvent the security features of the Raqk Services or any related website, other websites, or the Internet; or
use the Raqk Services contrary to the collective Raqk Terms.
Raqk prohibits Users from recording data with automated programs, software, or any other method of screen scraping. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Raqk Services, use of the Raqk Services, or access to the Raqk Services without the express written permission by Raqk. You agree to not use any robots, spiders, other automatic devices, or manual process to monitor or copy the Site or Raqk Services without our prior written permission. You agree to not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
Final Legal Points
The Raqk Terms and the other material referenced in them are the entire agreement between you and Raqk with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and Raqk with respect to the Services and govern our current and future relationship. If any provision of these Raqk Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Raqk Terms otherwise will remain in full force and effect and enforceable. The failure of either you or Raqk to exercise any right provided for in these Raqk Terms in any way won’t be deemed a waiver of any other rights.