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A. Agreement to Terms
You may be required to create an account and specify a password to use certain features on the Websites. You agree to provide, maintain, and update true, accurate, current, and complete information about yourself as prompted by the registration processes. You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password, or other account information.
You are entirely responsible for maintaining the confidentiality of your password and your account. And you are entirely responsible for all activity made by you or anyone that uses your account. You agree to safeguard your password from access by others. If you believe that your account has been compromised, you must contact us immediately by calling the National Office at 440-461-5425. You agree to indemnify and hold harmless Kick-It for losses incurred by Kick-It or another party due to someone else using your account as a result of your failure to use reasonable care to safeguard your password.
C. Content Posted or Submitted by You
By submitting or posting Content to the Websites, you grant Kick-It the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote this Content in any medium. Once you submit or post Content to the Websites, Kick-It does not need to give you any further right to inspect or approve uses of such Content or to compensate you for any such uses. Kick-It owns all right, title, and interest in any compilation, collective work, or other derivative work created by Kick-It using or incorporating Content posted to the Websites.
You are solely responsible for anything you may post on the Websites and the consequences of posting anything on the Websites.
All information, ideas, suggestions, or other communications you submit to Kick-It, including, but not limited to, Content posted on the Websites or communications sent via e-mail, will be on a non-confidential basis. Kick-It will be free to reproduce, use, disclose, and distribute such communications without limitation or obligation.
D. Content Posted by Other Users
Kick-It is not responsible for, and does not endorse, Content in any posting made by other users on the Websites. Under no circumstances shall Kick-It be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with any Content posted by a third party on the Websites. If you become aware of misuse of the Websites by any person, please contact us by calling the National Office at 440-561-5425. If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
E. Activities Prohibited on the Websites
The following is a partial list of activities that are illegal or prohibited on the Websites. Kick-It reserves the right to investigate and take appropriate legal action against anyone who, in Kick-It's sole discretion, engages in any of the prohibited activities.
Prohibited activities include - but are not limited to - the following:
- Using the Websites for any purpose in violation of local, state, or federal laws or regulations;
- Posting Content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
- Posting Content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity, as determined by Kick-It in its sole discretion or pursuant to local community standards;
- Posting Content that constitutes cyber-bullying, as determined by Kick-It in its sole discretion;
- Posting Content that depicts any dangerous, life-threatening, or otherwise risky behavior;
- Posting telephone numbers, street addresses, or any personal information about another person without permission;
- Posting any Content that is infected with viruses, Trojan horses, or other malicious code;
- Posting anything that may be "spam," as determined by Kick-It in its sole discretion;
- Impersonating another person or entity, or misrepresenting your affiliation with another person or entity, when posting Content;
- Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
- Allowing any other person or entity to use your account for posting or viewing Content;
- Harassing, threatening, stalking, or abusing any person;
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Websites, or which, in the sole discretion of Kick-It, exposes Kick-It or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or
- Encouraging other people to engage in any prohibited activities as described herein.
Kick-It reserves the right - but is not obligated - to do any or all of the following:
- Monitor, edit, or disclose any Content on the Websites; and
F. Kick-It Trademarks and Copyrights
All trademarks, logos, and service marks displayed on the Website are registered and unregistered Trademarks of Kick-It and/or third parties who have authorized their use (collectively the "Trademarks"). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way. The use of Kick-It's trademarks on any other website is strictly prohibited. All of the materials contained on the Websites are copyrighted except where explicitly noted otherwise. Kick-It will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. Kick-It neither warrants nor represents that your use of materials displayed on the Websites will not infringe rights of third parties not owned by or affiliated with Kick-It. Use of any materials on the Websites is at your own risk.
G. Third-Party Copyrights
If you believe any Content on the Websites infringes your copyright, you may request removal of such Content (or access thereto) from this web Websites by contacting Kick-It as set forth below and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number, and e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Send this information either by email to firstname.lastname@example.org or by mail to 6009 Landerhaven Drive, Suite I, Mayfield Heights, OH 44124.
In an effort to protect the rights of copyright owners, Kick-It maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Websites who are repeat infringers.
H. Changes to the Websites
Kick-It may do any of the following at any time, with or without notice, and without any liability to you: (a) change, suspend, or terminate any pages, content, features, benefits, or services on the Websites at any time; (b) impose limits on certain features and services or restrict your access to certain part of the Websites or the entire Websites; and (c) terminate any authorizations, rights, and licenses granted herein.
I. Hyperlinks to the Websites
All hyperlinks to the Websites must be approved in writing by Kick-It, except that Kick-It consents to hyperlinks in which: (a) the hyperlink is a text-only link containing only the name "Kick-It" and does not contain any other of Kick-It's trademarks; (b) the hyperlink leads only to the main page of a Website and not to deeper pages; (c) the hyperlink, when activated by a user, displays the landing page full-screen in a fully operable and navigable browser window and not within a "frame" on another website; and (d) the appearance, position, and other aspects of the hyperlink do not create the false appearance that an entity or its activities or products are associated with or sponsored by Kick-It nor be such as to damage or dilute the goodwill associated with the name and trademarks of Kick-It or its affiliates. Kick-It reserves the right to revoke its consent to link at any time in its sole discretion.
J. Hyperlinks to Third-Party Websites
This Websites may contain hyperlinks to third-party websites. Kick-It does not control or endorse these third-party websites or any goods or services sold on those websites. Some of these websites may contain materials that are objectionable, unlawful, or inaccurate. You acknowledge and agree that Kick-It is not responsible or liable for any Content or other materials on these third party websites.
K. Governing Law and Severability
The Websites and the Content are provided on an "as is" basis. TO THE FULLEST EXTENT PERMITTED BY LAW, KICK-IT AND AFFILIATES (THE "KICK-IT ENTITIES"), AND EACH OF THEIR AGENTS, RESPRESENTATIVES, AND SERVICE PROVIDERS, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. The Kick-It Entities, their agents, representatives and service providers cannot and do not guarantee or warrant that: (a) the Websites will be reliable, accurate, complete, or updated on a timely basis; (b) the Websites will be free human and machine errors, omissions, delays, interruptions or losses, including loss of data; (c) any files available for downloading from the Websites will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties; (d) any Content you post on the Websites will remain on the Websites; (e) any Content posted by other users is lawful, accurate, or that it does not infringe third-party rights; or (f) the functions or services performed on the Websites will be uninterrupted or error-free or that defects in the Websites will be corrected.
M. Limitation of Liability
THE KICK-IT ENTITIES', THEIR AGENTS', REPRESENTATIVES', AND SERVICE PROVIDERS' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH RESPECT TO YOUR USE OF THE WEBSITES IS TO DISCONTINUE YOUR USE OF THE WEBSITES. THE KICK-IT ENTITIES, THEIR AGENTS, REPRESENTATIVES AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE WEBSITES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITES. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, AND EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF THE KICK-IT ENTITIES, THEIR AGENTS, REPRESENTATIVES AND SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE KICK-IT ENTITIES', THEIR AGENTS', REPRESENATIVES' AND SERVICE PROVIDER'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.