PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 07/22/2016.
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Kicks For Us, also known as KFU and our subsidiaries and affiliates, in association with the use of the Kicks For Us website, which includes https://KicksFor.Us, (the “Site”) and its Services, which shall be defined below.
The Site is an e-commerce website as well as an automation platform which has the following description:
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS. Once an individual register’s for our Services, through the process of creating an account, the user shall be considered a “member”.
The user and/or member acknowledges and agrees that the services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are sole property of Kicks For Us. At its discretion, Kicks For Us may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products any and all updated, modified or revised Services unless otherwise stipulated. Kicks For Us does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that Kicks For Us shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such Kicks For Us shall not assume responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalized settings.
To register and become a “member” of the Site, you must be at least 18 years of age to enter into and form a legally binding contract. If you are younger than 18 years of age, you must be accompanied by someone that is of age and will enter and form said legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving Kicks For Us’s Services under the laws and statues of the United States or other applicable jurisdiction.
When you register, Kicks For Us may collect information such as your name, e-mail address, birth date, gender, mailing address, occupation, industry and personal interests. You can edit your account information at any time. Once you register with Kicks For Us and sign in to our Services, you are no longer anonymous to us.
Furthermore, the registering party hereby acknowledges, understand and agrees to:
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Kicks For Us will have sufficient grounds and rights to suspend or terminate the meter in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Kicks For Us Services, or any portion thereof.
It is Kicks For Us’s priority to ensure the safety and privacy of all its visitors, users, and members, especially that of children. Therefore, it is for this reason that the parents of any child under the age of 13 that permit their child or children access to the Kicks For Us website platform Services must create a “family” account, which will certify that the individual creating the “family” account is of 18 years of age and as such, the parent or legal guardian of any child or children registered under the “family” account. As the creator of the “family” account, s/he is thereby granting permission for his/her child or children to access the various Services provided, including, but not limited to, message boards, emails, and/or instant messaging. It is the parent’s and/or legal guardian’s responsibility to determine whether any of the Services and/or content provided are age-appropriate for his/her child.
When you set up an account, you are the sole authorized suer of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your responsibility to notify Kicks For Us immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Kicks For Us shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
As a user member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is public or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of Kicks For Us Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by Kicks For Us.
Furthermore, you herein agree not to make use of Kicks For Us’s Services for the purpose of:
Kicks For Us herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by the law or in good faith belief that any such action is deemed reasonably necessary for:
Kicks For Us herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Kicks For Us or any other content providers supplying content services to Kicks For Us. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable exports and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United Sates (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
Kicks For Us provides an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that:
All users and/or members herein agree to insure and hold Kicks For Us, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim of demand, which many include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or use of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Kicks For Us Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Kicks For Us’s sites.