TERMS OF SERVICE
Last Updated: March 27, 2021
Lumiworks Pte. Ltd. (collectively referred to hereinafter as “Lumiworks”, “MillionK”, “we”, “us” or “our”) owns and operates the website www.millionk.com (the “Platform”, “Website”). These Terms of Service sets forth the legally binding terms and conditions for your use of the website. For ease of reference, the website is referred to in these Terms of Service as “MillionK” or “Services”.
MillionK enables you to purchase personalised videos and other services from a list of available talent (idols, influencers, celebrities & creators – henceforth known as “Talent”)on the website.
By accessing or using our platform in any manner, including, but not limited to, visiting or browsing our platform or contributing content or other materials to the platform or signing up as a member of our platform or a as a talent on our platform, you agree to be bound by these Terms of Service.
By accessing or using our platform in any manner, you hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms. We are a global platform and by accessing the Content or Services, you are representing and warranting that, you are of the legal age of maturity in your jurisdiction or of the age required to access such Services and Content.
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Website. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms of Service.
Please review these Terms of Service periodically for changes. If you do not agree to any provision of these Terms of Service or any changes to these Terms of Service, do not use or access or continue to use or access MillionK immediately.
These Terms applies to all users of the Services, including without limitation users who are contributors of content, information and other materials. If you are entering into this agreement for and on behalf of a business entity, and the term “you” in this agreement shall mean the business entity on whose behalf you are using the Services, unless the context does not permit.
2. MILLIONK USER ACCOUNTS
By creating an account on our website, you acknowledge and agree to:
- Provide true, accurate, current and complete information
- Not create an account using a false identity or providing false information
- Not create an account if you have been previously banned on our website
- Be responsible for maintain the confidentiality of your website account information, including username and password
- Be responsible for all activities that occur on or in connection with your website account, and accept all potential risks of unauthroized access To keep your valid email address current. If MillionK sends you an electronic communication but you do not receive it because your email address on file is incorrect or out of date, or because our email is blocked by your service provider or intercepted by your spam filter, or you are otherwise unable to receive electronic communications, MillionK will be deemed to have provided the communication to you regardless.
- To notify us immediately in the event of any unauthorized access or use of your website account
- Not hold us liable or responsible for any damages, losses, costs, expenses, or liabilities related to any unauthorized access to or usage of your website account
- MillionK being able to suspend or terminate your ability to use the website (with or without notice), with regards to any violation to our Terms of Service or otherwise
3. MILLIONK PERSONALISED VIDEOS & SERVICES
- Through our website, you may obtain personalised videos as well as services from your chosen idols, influencers, celebrities & creators (“Talent”)
- You may submit a request to a Talent for a personalised video or other service that is for you or a third party that you identify as a recipient (“Recipient”)
- You acknowledge that the Talent has sole discretion to determine how to fulfil your request and the content of the video created, and may not follow your request exactly. We reserve the right to reject any request in our sole discretion. The talent may also decline to fulfil your chosen service or request for any reason whatsoever.
- The Talent has up to seven days (at our sole discretion) to fulfil or decline your request. Once your request is fulfilled, your payment method will be charged the amount specified on the Talent booking page on our website at the time you submitted the request.
- On receipt of your personalized video, you or your recipient will be granted a limited, personal, non-transferrable, nonexclusive, revocable license sublicense to use, reproduce, distribute or publicly display such a video or service on any social media platform or instant messaging service. You are permitted to disseminate your personalized video or service to other third parties, provided that such dissemination is non-commercial in nature and complies with the other relevant provisions of our Terms of Service.
- You may not sell, re-sell, or encumber your rights in any videos or services received on our Website.
- We will not be liable or responsible for any personalised video or services requested by you.
- You have no expectation of privacy with any respect to any personalised video requested by you and that you will not make any request that infringes on the privacy or rights of a third party
- You agree that the MillionK watermark on each of your personalised video must remain intact and you agree not to edit, change, modify, cover, or remove the watermark from any of your purchased personalised videos that you have requested and received. You may not assist or encourage a third party to do so; you further agree that
- MillionK may, and reserves the right to, revoke your permission and license to , distribute or publicly display your personalised video or service on any social media platform or instant messaging service, at any time and for any reason, and you agree to immediately cease your distribution upon notice of revocation and to comply with the Terms of Service
- You hereby grant to us a non-exclusive, fully paid, unlimited, worldwide, sub licensable, perpetual and irrevocable license, in any and all manner and media, where now known or hereinafter invented (including social media platforms), to use, reproduce, license, distribute, modify, adapt, reformat, publicly perform, publicly display, create derivative works of, and otherwise use the following for the purposes of operating and providing our service, developing and improving our products and services, and advertising, marketing, and promoting our website (i) any request (video or other services) that you make to any Talent; (ii) any information concerning you or any recipient; and (iii) any content or material furnished to a Talent by you for the making of your personalised video
You agree to release and to indemnify, defend and hold harmless the Company (“Lumiworks Pte. Ltd., “MillionK”) and its parent company, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs) claims or actions of any kind whatsoever arising or resulting from your use of the website and the Services, your violation of these Terms, and any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy. We reserve the right, at its own expense, to assume exclusive defence and control of any matter otherwise subject to indemnification by you and, in such a case, you agree to cooperate with us in the defence of such matter.
5. DISCLAIMERS AND LIMITATION OF LIABILITY
To the maximum extent permitted by law, MillionK shall have no liability for any damages of any kind in connection with your use of the Website and Services. You acknowledge and agree that you assume full responsibility for your use of the Website and Services. You acknowledge and agree that any information you send or receive during your use of the Website and Services may not be secure and may be intercepted or later acquired by unauthorized parties. You acknowledge and agree that your use of the Website and Services is at your own risk. Recognising such, you understand and agree that, to the fullest extent permitted by applicable law, neither MillionK nor its partners nor its suppliers or licensors will be liable to you for any direct, indirect, incidental, special, consequential, punitive, exemplary or other damages of any kind, including without limitation damages for loss of profits, goodwill, use, data or other tangible or intangible losses or any other damages based on contract, tort, strict liability or any other theory (even if we have been advised of the possibility of such damages), resulting from the Website or Service; the use or the inability to use the Website or Service; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on the Website or Service; any actions we take or fail to take as a result of communications you send to us; human errors; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, latency, deletions or defects of any device or network, providers, or software (including, but not limited to, those that do not permit participation in the service); any injury or damage to computer equipment; inability to fully access the Website or Service or any other website; theft, tampering, destruction, or unauthorized access to, images or other content of any kind; data that is processed late or incorrectly or is incomplete or lost; typographical, printing or other errors, or any combination thereof; or any other matter relating to the sites or service. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
6. DISCLAIMER OF WARRANTIES
You expressly understand and agree that your use of the Services is at your sole risk. The Services (including the Services and the Content) is provided on an "AS IS" and "as available" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to or use the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release us from all liability for you having acquired or not acquired Content through the Website. We make no representations concerning any Content contained in or accessed through the Website, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Website.
7. COPYRIGHT AND LIMITED LICENSE AND TRADEMARKS
Unless otherwise indicated on the Website, the Website and all content and other materials on the Website, including, without limitation, the Company logo and all designs, text, graphics, pictures, information, data, software, sound files, video files other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of the Company or its licensors or users and are protected by copyright law. Any content on the Services (including content submitted by Users or Talents), and the infrastructure used to provide the Services are proprietary to MillionK. By using these services and accepting these Terms of Service, MillionK grants you a limited, non-transferable access (license) to use the Site for reading of Content; subject to these Terms. Except as expressly permitted on the Site, in these Terms or otherwise in writing by us, such access does not include: (a) any resale or commercial use of the Site or the Content; (b) the distribution, public performance or public display of any Content; (c) modifying or otherwise making any derivative uses of the Site and the Content, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching), printing, print-screening or copying of any portion of the Site, the Content or any information contained therein; or (f) any use of the Site or the Content other than for its intended purpose. Any use of the Website or the Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppels, implication or otherwise. This license is revocable at any time.
MillionK grants you a limited, personal, non-transferrable, nonexclusive, revocable license sublicense to use, reproduce, distribute or publicly display the Services (videos and other services provided by our Talents) on any social media platform or instant messaging service. Your rights to sublicense such content are only solely to display the Services in a manner consistent with our Terms of Service.
“MillionK”, “Lumiworks Pte. Ltd.” the Company project, logos and any other our product or service name, logo or slogan contained in the Site are pending trademarks or service marks of Company (the “Company Marks”) and may not be copied, imitated or used, in whole or in part, except as expressly permitted in these Terms or on the Site or with our prior written permission. You may not use any metatags or any other “hidden text” utilizing any Company Marks without our prior written permission. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of the Company and is part of the Company Marks and may not be copied, imitated or used, in whole or in part, without our prior written permission except as expressly permitted herein or on the Site. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the written permission of the applicable trademark holder. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplie r or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark, or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
Other marks on the Services not owned by MillionK may be under licence from the trademark owner thereof, in which case such licence is for the benefit and use of MillionK unless otherwise stated, or may be the property of their respective owners. You may not use MillionK’s name, logos, trademarks or brands, or trademarks or brands of Talents or other third parties on the Services without MillionK’s express permission.
8. TALENT TERMS OF SERVICE
This Talent Terms of Service Agreement governs your use as a Talent of the MillionK platform offered by Lumiworks Pte. Ltd. These terms apply solely to Talents using our platform. All Talents must sign up on our platform as a MillionK Talent before being able to provide personalised videos or other services (“Services”) for purchase by Website users. MillionK may also choose to onboard Talents manually (in which case the below Terms of Service applies as well)
Talents who sign up on our platform through our enrolment form agree to provide true, accurate, current, and complete information about themselves, as well as any other information reasonably requested by us. If you do not do so or we reasonably believe that you have not done so, we have the right to suspend or terminate your Website account and your use of our Website. You agree not to create a Website account using a false identity or providing false information, on behalf of another person (unless you are between 16 to 18 years old), or if you have previously been banned from our Website. You are responsible for all activities that occur on or in connection with your Website account and you agree to notify us immediately of any authorised access or use of your Website account. You acknowledge and agree that MillionK will not be liable or responsible for any damages, losses, costs, expenses, or liabilities related to any unauthorized access to or use of your Website account.
Talents are able to provide Services to the Website users in the form of videos and/or other services.
Talents acknowledge that MillionK shall retain a percentage of the order price in which the Talent charges the Website users for their Services. The retained amount by MillionK is 25% of the gross order price currently.
Talents acknowledge that the gross order price obtained by MillionK may increase or decrease at our sole discretion, although MillionK shall endeavour to provide due notice prior to any such changes.
In addition to other applicable provisions in these Terms of Service, each Talent undertakes, warrants and represents that:
- You will fulfil all Services requested that you accept in a manner compliant with Singapore laws (or any laws applicable in your country of residence) and to these Terms of Service
- You will try to fulfil each request within 72 hours of receiving it, though you have to seven days (at MillionK’s sole discretion) to complete and upload the requested video or service. If you do not either (i) accept the request and upload the Services; or (ii) decline the request; the request will expire and can no longer be fulfilled. You may decline a request or otherwise refuse in your discretion to fulfil a requested service if the user’s request is objectionable or otherwise offensive to you. If you accept such a request, you agree to record and upload to our Website one personalised video or fulfil other services to our Terms of Service
- In the event of a personalised video, you will have sole discretion over the script and content of any MillionK video. MillionK recommends personalised videos to have a length of at least 30 seconds to 60 seconds for the most impact. You agree to (i) use your name (introduce yourself), (ii) use the user’s name, (iii) or the name of the recipient that the user specifies in the event of personalised videos
- You agree to fulfil personalised videos in the language option that you have presented the user and that the user has chosen
- You will not dispute MillionK’s computation of any and all amounts due to you
- You will not onboard or subscribe to platforms providing services similar to MillionK as long as you remain a Talent on MillionK
MillionK retains the right at its discretion to suspend or remove a Talent from the Website for any reason whatsoever, which may include violation of this Terms of Service, found to have misrepresented MillionK or any user in the signup process.
9. FEES & PAYMENTS
Some of the features of the Website, including the request for creation personalised videos by our Talents, other digital services, memberships and subscriptions, and the delivery thereof, will require you to pay a fee. You agree to pay those amounts shown to you during the checkout or similar process.
For such fees, you as a Website user agree to pay all due amounts due in accordance with the payment terms in effect when you submit your request.
All transactions are in U.S. Dollars (“USD”) unless otherwise specified at point of purchase.
For the services rendered on our Website, you must provide our third party payment provider with a valid credit or debit card (Visa, MasterCard, or any other issuer accepted by the payment provider). You acknowledge and agree that MillionK does not operate, own or control any payment provider used by MillionK, and your use of any such payment provider is subject to the terms and conditions and privacy policies of that payment provider.
11. PUBLIC NATURE OF YOUR STATEMENTS
You understand and agree that all Content made through Services are public and not private. Any other person (whether or not a User or Talent or Recipient) may view your Content without your knowledge. MillionK does not control or endorse any statement, in any medium or format whatsoever, made by Users or Talents through the Services, and we specifically disclaim any liability concerning the aforementioned statements. Any Content you post through the Services is not confidential.
12. THIRD PARTY SERVICES AND CONTENT
MillionK or the Company may provide third party content on the Site and may provide links to web pages and content that are not owned or controlled by us, including but not limited to Company Technology and any third party advertisements or promotions (collectively the “Third Party Content”) as a service to those interested in this information. We do not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that we are not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk. Your business dealings or correspondence with, or participation in promotions of, any third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such Third Party Content on the Site.
13. TERMINATIONS AND SUSPENSION
We may terminate or suspend all or part of the Service and your Service access immediately, without prior notice or liability, if you breach any of the Terms. Upon termination of your access, your right to use the Service will immediately cease. The following provisions of the Terms survive any termination of these Terms: Indemnity; Disclaimer of Warranties; Limitation of Liability; Copyright and Limited License; Third Party Services and Content; Terminations and Suspension; Arbitration and Class Action Waiver; General Information.
14. GOVERNING LAW
These Terms will be governed by and construed and enforced in accordance with the laws of the Republic of Singapore, without regard to conflict of law rules that would cause the application of the laws of any other jurisdiction. Any dispute between the parties arising out of or relating to these Terms or its subject matter or formation (including non-contractual disputes or claims) that is not subject to arbitration will be resolved exclusively in the courts of the Republic of Singapore.
15. ARBITRATION AND CLASS ACTION WAIVER
The parties shall use their best efforts to engage directly to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration. You agree that you will notify each other of any dispute within thirty (30) days of when it arises, that you will attempt informal resolution prior to any demand for arbitration.
If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution under the Initial Dispute Resolution provision begins, then either party may initiate arbitration as the sole means to resolve claims, subject to the terms set forth below. Any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity or termination, shall be exclusively referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English. The agreement under these Terms is governed by the laws of the Republic of Singapore, excluding any rules or procedures governing or permitting class actions.
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and the Company agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out via email at email@example.com with subject line LEGAL OPT OUT. The notice must be sent within 30 days of your first use of the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, we also will not be bound by them.
16. GENERAL INFORMATION
These Terms (and any additional terms, rules and conditions of participation that we may post on the Website) constitute the entire agreement between you and us with respect to the use of the Site and supersedes any prior agreements, oral or written, between you and us. In the event of a conflict between these Terms and the additional terms, rules and conditions of participation, the latter will prevail over the Terms to the extent of the conflict.
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website and/or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
17. QUESTIONS AND COMMENTS
Users with questions, complaints or claims with respect to the Service may contact us using the relevant contact information set forth above or by email to firstname.lastname@example.org