1. About
Kbean is a digital marketplace that assists in the buying and selling of editions of digital art. Kbean tracks the purchase and sale of digital art such as blockchain technology, a secure way of preventing theft, and fraud, while also providing an accurate chain of title information to parties involved. Digital artworks are provided to buyers with a limited license that has restrictions on the transfer of the artwork, the number of editions released relating to the original artwork, and an exclusive assertion from the artist that the art will not be permitted to be recreated and resold without the express assent of the artist. Artwork that is sold, in one or more editions, is tracked with a crypto token that prevents infringement or unlawful use of the art. Kbean is not an investment vehicle and any usage of the Platform as such will result in a prompt ban and revocation of all rights and privileges for any user found to be utilizing the Platform for investment purposes.
2. Definition
a. Artwork(s)
Artwork(s) is any original creation of work-of-art in digital form. Artwork(s) also is recreation or. transformation of work-of-art in other forms to digital form. It may be expressed through, but not limited to, digital images, digital moving images, videos, audios, photographs, graphics, reels, memes or multi-media art.
b. Primary Market
The primary Market is the initial market where Artwork is sold. An Artist or an Artist’s representative (e.g., a gallery, dealer, or other representative, collectively considered part of an “Artist”) may upload the Artwork, set the desired price, and Buyers may acquire one edition or several editions of the Artwork accordingly. At this initial point of sale, Section 17.c shall be applicable regarding withdrawal of Artwork. Further, the service fees, referenced in Section 18, shall be applied.
c. Secondary Market
The Secondary Market is when a user who previously purchased, acquired, or otherwise holds an edition(s) of an Artwork and subsequently places the edition of the Artwork for sale on the marketplace. In the instance of a Secondary Market sale, the Buyer shall be assessed the asking price of the Artwork and payment transaction fee (i.e. Paypal and Apple in-app purchase). Sellers will be assessed the service fee as referenced in Section 18. The license shall be deemed to transfer with the Artwork, along with any other permissions, exceptions, and exclusions as may have been made.
d. Artist(s)
Artist(s) is an individual or company who produces Artworks, or officially represent those who produce Artworks, that Kbean permits to be sold on the Platform.
e. Edition(s)
An original piece of art may be sold as a series of editions starting 1 edition up to 1,000 editions. The number of editions is set by the Artist during the Primary market phase and may not be adjusted after the initial sale. Each edition is provided to a good faith Buyer with a limited license.
f. Buyer
Buyer is a Kbean registered user who acquires all or part of Artworks. Buyer can browse and purchase Shares from Primary Market or Secondary Market. Buyer can re-sell the Shares of Artwork(s) under the terms of the limited license granted accordingly.
g. Seller
Seller is a Kbean registered user who sells an Artwork in the Primary Market or Shares of an Artwork in the Secondary Market. Artist or Buyer all can be a Seller depending on the nature of their transaction interest. Collectively, an Artist and a Buyer selling their interest in Artwork are referred to as a “Seller.”
3. Using Kbean
Using Kbean is an intuitive and streamlined process. An Artist places their work for sale by defining the price issuing the limited licenses that could be sold then used by multiple buyers. Artists are charged a fee by Kbean on the revenue they earn through the sale of their Artwork. Buyers can enjoy the Artwork they have purchased a limited license to and, when they no longer enjoy it, resale it on the Kbean marketplace to another Buyer. The Limited License granted to the Buyer is contained within these Terms & Conditions and will be deemed to automatically attach to any Edition(s) of Artwork sold herein. In the event of resale, transfer, assignment, or other change in ownership of the Artwork, the Limited License shall transfer with the Artwork and may not be canceled, altered (except by assent of Kbean and the artist), or otherwise changed.
4. Kbean Select
Kbean has curated a collection of artists who are committed to the vision of Kbean, an online marketplace for the rapid exchange of Artwork and a place for artists to reach a wider audience than they believed was previously possible. As such, the collection of artists that Kbean has reached out to, negotiated with, and accepted as Kbean Select Artists, receives promotional opportunities not made available to other Artists. Artists may inquire on how to achieve Kbean Select status. Kbean reserves the right to cease, cancel, and desist from this program with 30 days notice to participants.
5. Removal of Artwork
Kbean has the exclusive right to remove any and all Artwork at its sole discretion. Artwork that Kbean may remove on its own initiative includes, but is not limited to Artwork that serves as: promotion of violence, hate crimes, political agenda (regardless of the political affiliation), or promotion of any illegal activities.
Artwork is subject to removal if they violate state, federal, or international law. Users may report Artworks that are improperly marked as safe for work, are illegal in nature, display subject matter that is disconcerting, horrifying, or should otherwise be screened. Works that depict minors in any sexual situation will be removed and the user’s account may be suspended or permanently banned without warning.
6. Enforcement of Policies
Kbean will handle enforcement of its policies zealously and will file disputes as needed to protect the licensed rights of license holders, Kbean’s own rights, or other rights as may arise under law, regulation, or within this agreement and other policies as may be published throughout the Kbean Platform.
7. Taxes and Fees
Registered users are each responsible for their own personal income taxes. Kbean, if asked, may transmit a statement demonstrating how much the users have earned in a fiscal year, and they may obtain information regarding how much they have purchased in the last fiscal year.
All parties are responsible for their respective fees and costs. When making a transaction, whether purchase or sale, the parties will be notified on the Kbean Platform of all costs they will be liable for and, if to Seller, what amount they may earn in the event a sale is processed.
8. Transaction Services
Kbean shall provide all licenses, contractual terms, and marketing materials solely in English. Kbean does not provide translation services for users who do not speak, read, or write English. Additionally, Kbean does not provide services that translate images into words. Any third-party service used by users to provide language translation or sight translation is at the risk of the operator and the liability of the third-party. Kbean will not accept any liability arising from the usage of, or lack of usage, the use of such translation services.
9. Account Creation
You can create an account using your existing credentials from Google or Apple, “Social Login.” You can also create an account by creating a user ID, email and password on Kbean Platform. You will become a registered user of the Kbean Platform after phone number verification. Depending on the nature of transactions on the Platform, a user could be considered as Seller, Buyer or both.
10. Intellectual Property Claims
Any and all claims as may be raised against an infringing party will be raised and may be filed in state or federal court for enforcement of the rights of either the Artist, the Buyer who holds a licensed interest, or by Kbean in the event an infringer is violating Kbean’s intrinsic interests in the Artwork, blockchain, or company materials.
When an Artist uploads Artwork to the Platform, they irrevocably grant to and consent to Kbean representing their interests and rights. Kbean, on behalf of the Artist and any licensed individual who has an interest in the Artwork, may issue cease and desist demands, DMCA complaints and filings, or enter into any settlement, arrangement, litigation, or other necessary and proper activity to defend the Artist’s rights and interests in the Artwork, as well as the Buyer’s and Kbean’s rights and interests.
Any claims shall be filed either in arbitration, pursuant to the Dispute clause herein, within the State Court in the County of Alameda in the State of California, or the Federal District Court in the City and County of San Francisco in the State of California.
11. Intellectual Property Rights
a. Copyright
You are hereby prohibited from copying, assigning, transmitting, selling, transferring, or otherwise attempting to provide to another party part or all of a copyrighted work owned or managed by Kbean. You will face legal repercussions, including, but not limited to, punitive, actual, and speculative damages as well as injunctive relief forcing a cessation of any conduct you have undertaken that may harm Kbean. You may seek written permission from Kbean for the use of some or part of Kbean’s copyrighted works. Such request may be made to “support@kbean.com” and Kbean will attempt to respond with an affirmative or negative message within 10 business days.
b. Trademark
You are hereby prohibited from copying, assigning, transmitting, selling, transferring, or otherwise attempting to provide to another party part or all of Kbean’s trademarks, whether registered with the United States Patent and Trademark Office, United Kingdom, South Korea, or trademarks in common use. You will face legal repercussions, including, but not limited to, punitive, actual, and speculative damages as well as injunctive relief forcing a cessation of any conduct you have undertaken that may harm Kbean. You may seek written permission from Kbean for the use of Kbean’s trademarks. Such request may be made to “support@kbean.com” and Kbean will attempt to respond with an affirmative or negative message within 10 business days.
c. Artist copyrights
Unless you have acquired an all or part of a licensed interest in an Artist’s digital work, you shall not sell, share, transfer, display, use for public display or demonstration, monetize, or otherwise infringe upon the copyrights held by the artist. You may message such artist, with Kbean copied, for express permission for the use of part of such copyright. Kbean reserves the absolute right to intercede and revoke any permissions if it would undermine Kbean’s interests or interfere with licenses held by Kbean users.
d. Limited license (“Limited License”)
A limited license shall attach to all Artwork that is bought and sold on the Kbean website and Platform. The license is hereby incorporated into these terms by reference. The Kbean issued cryptographic tokens shall provide a URL to the license and such reference shall be deemed (i) incorporation of the license to the Artwork, (ii) Buyer’s acceptance of such license by acquiring the Artwork, and (iii) Buyer’s forfeiture of any and all rights, save for those set forth within the license.
12. Law Enforcement
Kbean complies with all valid warrants and judicial binding orders for discovery or search. Any and all relevant messages, transactions, or other activities may be shared with law enforcement upon execution of such instruments. Kbean will not voluntarily transmit information without such instrument. Users are cautioned that Kbean does not condone illegal activities and will work with law enforcement, whether local, state, federal, or international, to combat human trafficking, human rights violations, and unlawful activities detrimental to human life.
13. Artist Activities
Upon uploading an Artwork to the Platform, Artists shall not resell the same Artwork, to other galleries, art marketplaces, auction houses, or similar platforms that provide for the exchange or brokerage of Artwork.
Kbean will only authenticate the Artwork that’s asserted by the Artist that the Artwork was created by the Artist and have never been sold in part or whole nor given any licenses to other marketplaces including, but not limited to, forums, fairs, online market, online auction, and galleries.
Artist may not, and shall not, violate previously executed agreements with galleries or agents with whom Artist has associated with. This shall include providing Artwork to Kbean that was previously sold or provided to such pre-existing entities. Should Artist create variations of an item, they can sell the distinctive and independent variations on platforms of their choice, but the Artwork which is sold on Kbean shall remain within the Kbean Platform and shall not be sold or provided to any other entity.
14. Artwork Purchases
Kbean is proud to utilize blockchain in monitoring Artwork transactions. Kbean utilizes cryptographic technology and data security measures that monitor and protect an Artist’s inherent copyright to works they create, and a Buyer’s rights under their Limited License.
Artwork purchases come with permission for the Buyer to display the work in their home, office, or personal display devices. It does not permit commercialization, public performance, public display, or monetization, unless agreed upon with the Artist who created the Artwork or offered by Kbean under a business account with a commercial license.
Buyers may trade Artwork amongst one another, utilizing the Kbean Platform. They may also offer it up for sale on the Kbean Platform. In such instance of trade or resale, the original Limited License will pass to the acquiring person(s).
From time to time Kbean may offer opportunities for, or for Buyers to request, the Artwork to be placed on merchandise, paraphernalia, papers, wall paper, vinyl prints, t-shirts, or other items. Such activities will be at the discretion of the Artist and permission may be sought through Kbean to perform such activity. In such instances the license is subject to limited modification and the Buyer may be charged a fee, the amount of which will be determined at the time of modification, for granting permission to use the Artwork in ways not previously intended by the artist.
Artwork may be sold in multiple Editions. An edition is substantially the same or similar to other editions of the same Artwork, but each edition has a separate notation on their respective blockchain, and distinct lines of ownership. A Buyer may acquire one edition or all the issued editions of an Artwork. As an illustrative example: Buyers may purchase one of a hundred editions of an Artwork, sharing a similar interest with the other buyers. Or they may buy all editions of the Artwork and enjoy sole and complete ownership in it, preventing others from owning the Artwork altogether.
15. Refunds
Kbean will not authorize nor permit refunds. All sales are considered final and binding, unless they are made fraudulently, and the aggrieved party can demonstrate the fraudulent activity. Kbean may, at its discretion, cancel purchase or licensure of Artwork, and refund such monies, if it becomes aware that the purchaser will abuse, mistreat, or otherwise breach the terms of the license for such Artwork.
16. Financial Transactions
Buyers can make payment through either Paypal or Apple In-App payment. Kbean shall permit the usage of Paypal or Apple In-App payment for all financial transfers. Buyers represent that in using Paypal or Apple In-App payment they are authorized to use the Platform, that they may lawfully enter into transactions with that Paypal account, and that they shall not trigger a chargeback, refund, or other event, unless with the permission of Kbean. Any such chargeback, refund, or other attempt to withdraw money back from a transaction between Buyer and Kbean may result in financial damages, loss of account privileges, and loss of license permissions.
Seller shall provide a Paypal account by which funds can be sent to them. Buyers represent that in using Paypal they are authorized to use the Platform, that they may lawfully enter into transactions with that Paypal account, and they shall not engage in fraud or abuse with such an account. In the Primary Market transaction, Artists as a Seller shall receive an aggregated amount for purchased arts on a two-week, recurring period. Kbean reserves the right to withhold amounts if the Buyer’s transaction has not yet cleared and the funds are secured. In the instance of a Secondary Market sale, Kbean will strive to remit payment to Seller’s account promptly.
Any sale of Artwork is subject to reasonable delay in order for Kbean to mitigate any risk of fraud, inappropriate materials, or infringement of copyrights and/or trademarks.
Kbean shall deduct all applicable fees required prior transmitting final amounts to the Artist. This shall include the previously agreed upon service fee, any additional taxes, costs, or fees as may be necessary, and other reasonable costs. Artists shall be notified of such charges when financial disbursements are rendered, or sooner, when it is possible to notify artists of such fees and costs.
17. Sale of Artwork
Any registered users of Kbean can become a Seller. Sales arise in two scenarios: an Artist uploads Artwork to the Platform and offers it for sale; a Buyer acquires a Edition of Artwork and eventually offers it for resale on the Platform.
a. Pricing and Editions
Kbean strives to be open and transparent in buying and selling Artwork. In Primary Market, a Seller (i.e. Artists) may set their own price per edition from $0 up to $2,500, and number of editions from 1 up to 1,000 editions to be issued on an Artwork that they have an ownership interest in.
In Secondary Market, a Seller selling their interest, Editions, may set their price however low or high they see fit and it will not be subject to division. Estimated market price per Edition (“EMPPE”) is computed based on the last successful sales transaction of the Edition before 5 p.m. E.S.T. on the previous day. EMPPE is only a suggested price guideline for the Seller who may set their own price by increment or decrement from the EMPPE. The Seller is subject to the Platform’s pricing regulation. The pricing regulations are:
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- Increment or decrement in price per Share is at the unit of $0.25.
- The Share price can range from EMPPS with 50% discount to EMPSS with 50% markup.
b. Availability
Artwork made available for sale will be made available to anyone on the Kbean Platform. Kbean will not prevent any qualified user from browsing the Artwork or prevent them from making a good faith effort to acquire the Artwork.
c. Withdrawal
In Primary Market, a Seller uploads Artwork to the Platform to sell it, sells editions of the Artwork, or otherwise utilizes the Platform, the Artwork may not be withdrawn while it is still within the Primary Market. The Seller will have been deemed to have given Kbean permission and license to market and sell the Artwork. Should the Artwork have no sales for a certain period of time , it may, at the discretion of Kbean, be delisted.
A Seller in the Secondary Market may, at their discretion, remove an item from the marketplace, when it has been put up for sale. The sale may be reinitiated at any time, at the seller’s discretion.
When an item is offered for sale, the advertisement for sale may not be modified or adjusted. A seller may, when preparing the item for sale, save a draft of the sale form and work on it at their leisure, but once submitted to the marketplace, edits will not be permitted.
18. Service Fees
A seller selling Artwork that is considered a part of the Primary Market are subject to a reasonable service fee, consistent with the terms of their current membership. The fee is set forth in the table below. By utilizing the Platform, Artists and Buyers agree to abide by the service fees and shall not seek to exit the Platform or take their business off the Platform. The fees are calculated against the gross amount of the sale, deducted, and the remaining amount placed into escrow for the selling entity. Once the amount clears the escrow period, it will be remitted to the seller’s account accordingly.
Membership Status
Fee Percentage
Yearly Sales
General Members
25%
Below $600 USD
Friends
25%
$600 to $3,499.00 USD
Sponsors
22%
$3,500 to $11,999.00 USD
Ambassadors
19%
$12,000 or more USD
The foregoing fees do not include the payment transactional fee (i.e. Paypal), which the Buyer shall be liable for.
When a party makes a purchase in the Secondary Market, the foregoing fee percentage will not be considered. Rather, the Seller shall pay the purchase price and a fee of 20% calculated against the purchase price.
5% of the service fee in the Secondary Market will be credited to the original Artist in Supercoins. See section 19 Supercoins.
By engaging in the sale and resell of Artworks on the Kbean platform, users accept the foregoing fees as fair and reasonable consideration for their use of the Kbean platform and Kbean’s participation in managing the platform.
19. Supercoins
Kbean utilizes a point system, referred to as “Supercoins”. The registered users can earn Supercoins when they purchase more than $20 of Artwork through the Kbean Platform. Supercoins may be redeemed on the Kbean Platform as a coupon, in conjunction with some promotional items and events. The foregoing payment transaction fees (i.e. Paypal) that apply to buyers may be waived in instances where a buyer uses Supercoins to acquire the item offered for sale. One Supercoin is rewarded every spending of $20. For example, if you purchased $45.00 worth of an artwork, you receive two Supercoins.
A user may also purchase Supercoins directly and bonus Supercoin may be offered based on the purchase volume.
Artists who sold their Artwork on Kbean Platform will receive Supercoins reflecting 5% of the service fee charged when their Editions of the Artwork were traded in the Secondary Market.
Please be aware that Supercoins are not meant to appreciate in value, nor to serve as a currency, and are solely for receiving occasional discounts and opportunities from time to time. You may not transfer your Supercoins to another user, sell them either on Kbean or on a third party platform, or otherwise seek to monetize them. Supercoins are expressly meant to function as reward points for participating on the Kbean platform. Should Kbean learn of any user(s) using Supercoins as currency it will promptly revoke such user(s) rights to use the Kbean platform.
20. Trades & Request-to-Buy
Generally, the sales or purchase interest in the Secondary Market is considered as “Trades” in the Platform. Buyer can save purchase interest of Editions of an Artwork in the “My Wish” for later time. When the Buyer is ready to purchase the Editions, the Editions from the Seller may be no longer available. The Buyer can seek other Sellers who may be selling Editions of the same Artwork. If no one is selling Editions of the same Artwork, Buyer may use Request-to-Buy (find editions) service to notify Buyer’s purchase interest to those users who hold Editions of the Artwork. This Request-to-Buy service is mere notification service, and it does neither follow up nor guarantee that the Editions of the interest would appear in the marketplace for sale.
21. Returns
Because the Artwork sold is digital in nature and lacks a tangible quality, Kbean does not permit or accept returns, no matter the reason, excuse, or demand given to justify the attempt of any return. Buyers may resell their acquisition on the marketplace, consistent with the terms and conditions of this Agreement.
22. Liability
All parties accept that their liability is limited to the maximum extent possible, except as related to fraud, breach of contract, copyright infringement, trademark infringement, trade secret infringement, or financial wrongdoing.
Kbean shall not be held liable for false assertions made by Artists or Buyers, nor for the acts, omissions, errors, and mistakes of Artists or Buyers.
Buyers wholly accept their liability in and around financing their purchases and shall be entirely liable to Kbean, Artists, and Paypal, Apple in-app payment in the event Buyer attempts to chargeback, dispute, or contest a purchase through Paypal and Apple in-app payment.
23. Display Devices
The Artwork could be enjoyed on many display devices such as internet connected smart televisions, projector, smart phone, tablet, or other electronic screen display, where Kbean application is installed or conduit to the display devices. Kbean offers a streaming application, “Kbean Channel,” on Internet TV platforms: Apple TV and Amazon Fire TV. Through Kbean Channel on the Internet TV, users can enhance their experience with the Artwork they owned at any televisions. Kbean strongly recommends, but does not require, the foregoing Internet TV platforms be used.
24. Indemnification
Users, including Buyers and Sellers, hereby indemnify Kbean against any and all warranties, representations, damages, claims, promises, or other liabilities as may arise by and between the Users.
Artists shall indemnify and hold harmless Kbean against any claims of breach of contract or breach of limited licensure, as may arise between Artist and Buyer.
Buyers shall indemnify and hold harmless Kbean against any and all harms, including breaches of contract, copyright or trademark infringement, or infringement upon their limited licensure, unless such breach arises through a direct and knowing fault of Kbean.
25. Commercial Usage
Buyers may not, and will not, be granted the right to use any Artwork , for commercial usage. This shall include public display, private display for financial reward or incentive, casting imagery on merchandise, or any other form of commercialization and subsequent monetization of the Artwork.
Any Buyer who breaches the foregoing will be liable for any and all harms suffered by the Artist and Kbean.
26. Dispute
Disputes between Buyers and Sellers may be resolved through Kbean, depending on the nature of the dispute. Kbean will attempt to act as an intermediary between the parties in matters of delivery of Artwork, payment dispute, or licensure dispute. Should the dispute not be readily resolved within 14 business days of Kbean being made aware of the dispute, the parties agree to binding arbitration under the auspices of JAMS.
All disputes by and between Kbean and Sellers or Buyers shall be handled under the Commercial Rules of JAMS, under a mutually agreed upon arbitrator, who shall be authorized to grant actual damages, demand specific performance, and award appropriate and necessary attorney costs and fees to the prevailing party.
Under no circumstances, whether in arbitration or litigation, may a court or arbitrator award speculative, special, or punitive damages against Kbean. In instances of fraud, abuse, and wrongdoing by a Buyer or Artist, such entities may grant a limited punitive award, not to exceed 75% of the actual damages suffered or $50,000, whichever is less.
Notice for arbitration shall be given to the party against whom this Agreement is being enforced either at the user’s email address or Kbean’s provided address. Arbitration shall occur no sooner than 60 calendar days after Notice is given.
Any decision reached under such arbitration shall, when legally permitted, be kept confidential and not publicized by either party, accept to assert and affirm that the dispute has been resolved.
27. Venue
Venue for any dispute shall be at an appropriate setting within the City of San Francisco, within the State of California, unless otherwise agreed to by the parties. The parties may opt, at their discretion, to resolve such dispute by e-mail, conference call, or other means that minimize the travel and costs to the respective parties to the dispute.
28. Waiver of Jury Trial
The users of Kbean Platform (“You”), irrevocably waive the right to resolve any dispute by and between yourself and Kbean before a jury. This waiver shall be as broad as legally possible and you understand and represent that you waive such right as a trial by jury, that such waiver is granted by you, an adult of sound mind and body, who understands that the foregoing is an express waiver of a right under state and federal law.
29. Waiver of Class Action or Arbitration
The users of Kbean Platform (“You”) irrevocably agree and consent that you shall not join any litigation claim to that of another plaintiff, nor permit joinder of your claim to another plaintiff or class of plaintiffs. You expressly and irrevocably waive any and all rights to class action litigation and shall not contest such waiver.
You irrevocably agree and consent that you shall not join any arbitration claim to that of another plaintiff, nor permit joinder of your claim to another plaintiff or class of plaintiffs. You expressly and irrevocably waive any and all rights to class action arbitration and shall not contest such waiver.
30. Governing Law
The laws and regulations governing this Agreement shall be solely the laws of the State of California, with no consideration given to any conflicts of laws principle, preference, statute, or regulation asserting otherwise.
31. Injunctive Relief
In the instance that a party to this Agreement performs actions that will render harm to Kbean, Kbean may seek injunctive relief as a matter of right, in order to prevent incalculable financial harms, copyright or trademark infringements, or other harms not yet known to the parties. This injunctive relief may be sought in any court of law with valid jurisdiction and, unless the harm is solely quantifiable and calculated damages, Kbean shall be entitled to injunctive relief.
32. Severability
Should any portion of this Agreement be found to be unenforceable by a court of law with competent jurisdiction over the matter, such provision shall be limited or read broadly when possible in order to save such provision, or treated as though it had never been a part of this Agreement. In all instances, the remaining terms of this Agreement shall remain in full force and effect.
33. Modification
This Agreement may be modified from time to time as needed by Kbean, either to remain in compliance with existing laws and regulations or to adjust to ongoing circumstances. When possible, users shall be given 5 business days notice, or when not possible, a notification will be provided in their account message system or placed on the Kbean website notifying users of the change in the Agreement.
34. Opt-Out
Users may opt-out of any portion of the Privacy Policy or Privacy Policy clauses contained herein, by submitting a written Notice to Kbean. Kbean may take up to 45 days to process such written request and shall remove from its servers any and all information so affected by such opt-out. This may result in the User’s account being terminated. In the event a User desires to opt-out from this Agreement, their account will be terminated and will not be recoverable by the user, although Kbean may maintain a copy of the account and its transactions for a period of not less than two years.
35. Miscellaneous
a. Headings
Headings herein are solely for organizational purposes and shall have no contractual effect that is binding in nature or demonstrates intent or other purposes other than the expressly set forth purpose of organization.
b. Notice
Notice may be sent to Kbean via e-mail. Please refer to our ‘Contact Us’ clause to locate our help desk email. Kbean may, from time to time, send notices to you via email, regarding products, sales, amendments to these Terms and Conditions, the Privacy Policy, or other items of interest that merit giving notice to you. Notice will be deemed to have been received upon your response or 5 business days after sending such notice to your confirmed email address.
c. Authorization
By utilizing the Kbean website and Platform you authorize the aggregation of your data for tracking purposes. This tracking is for in-house review to identify areas of the Platform that attract traffic and areas that do not, in order to trace trends and developments for our website development team.
d. Survival
In the event you opt to discontinue service with Kbean or cease browsing our services, clauses 11, 12, 13, 15, 16, 18, 21, 22, and 24 shall remain in full force and effect.
e. California Residents
Kbean recognizes the California Privacy Rights Act (CPRA) and California Consumer Privacy Act (CCPA). However Kbean is not yet subject to both regulations. However, Kbean will do its utmost best to respect consumer privacy.
36. Entirety of the Terms and Conditions
The foregoing terms and conditions shall be the entirety of terms and conditions by and between Kbean and you, unless you have or create a user account with Kbean, in which case the terms and conditions of such account shall take precedence and control the relationship by and between the parties.