Kicklet Terms of Service
By using the kicklet.com web site (“Service”), or any services of Kicklet (“Kicklet”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). If you are entering into this agreement on behalf of any company or other legal entity, you represent that you have the authority to bind such entity, its affiliates, and all users who access our services through your account to these terms and conditions, in which case the terms “You” or “Your” refer to such entity, its affiliates and users associated with it. If you do not agree with these terms and conditions, you must not accept this agreement and may not use the Service.
If Kicklet makes material changes to these Terms of Service, we will notify you by email or by posting a notice on the site before the changes are effective. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to these Terms or Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at: https://kicklet.com/terms.
Violation of any of the terms below will result in the suspension or termination of your Account. While Kicklet prohibits inappropriate conduct and content on the Service, you understand and agree that Kicklet cannot be responsible for the content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
- Your name, a valid email address, and any other information requested in order to create an Account is needed.
- You must be 13 years or older to use this Service.
- Only humans may create an account. Any automated methods, such as “bots”, to create an account are not permitted.
- Your login may only be used by one person. Sharing accounts and/or logins with multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. Kicklet cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs on your account. Inappropriate conduct or content may result in the suspension or termination of your account.
- One person or legal entity may not maintain more than one account. Specific requests for exceptions must be expressly approved by Kicklet at firstname.lastname@example.org.
- You may not use Kicklet for any illegal or unauthorized purpose. You must not, in the use of Kicklet, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
Cancellation and Termination
- You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered a cancellation. You can cancel your account by navigating to the settings page for your account on the Service. The Settings screen provides instructions to cancel your account.
- All of your Content will be immediately deleted from the Service upon cancellation, though content in collaboration with other users may remain on the Service. Deleted information cannot be recovered once your account is cancelled.
- Kicklet, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, for any reason at any time. Such termination of Kicklet will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all Content in your Account. Kicklet reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service
- Kicklet reserves the right to temporarily or permanently modify or discontinue the Service at any time with or without notice.
- Kicklet shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of the Service.
Copyright and Content Ownership
- Kicklet will not pre-screen content, but has the right (but not the obligation) in its sole discretion to refuse or remove any content that is available via the Service.
- Kicklet claims no intellectual property rights over the content you provide to the Service. Your profile and content uploaded remain yours. However, by setting your pages to be viewed publicly, you agree to allow others to view your content.
- Public content can be viewed by other users of Kicklet, and any claims of plagiarism, duplication of ideas, and intellectual property theft may not be made against Kicklet.
- You shall defend Kicklet against any claim, demand, suit or proceeding made or brought against Kicklet by a third-party alleging that your content, or your use of Kicklet in violation of this agreement, infringes or misappropriates the intellectual property rights of a third-party or violates applicable law, and shall indemnify Kicklet for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Kicklet in connection with any such claim, demand, suit or proceeding; provided, that Kicklet (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Kicklet of all liability); and (c) provides to You all reasonable assistance, at Your expense.
- Your use of Kicklet is at your own risk. The service is provided on an "as is" and "as available" basis.
- Support for Kicklet services is only available in English, via email.
- You understand that Kicklet uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with Kicklet, or any other Kicklet service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, or access the Service without the express written permission from Kicklet.
- Kicklet may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Kicklet customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email or "spam" messages.
- Kicklet does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that Kicklet shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Kicklet has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third-party on the service; (v) or any other matter relating to the service.
- The failure of Kicklet to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Kicklet and govern your use of the Service, superseding any prior agreements between you and Kicklet (including, but not limited to, any prior versions of the Terms of Service). You agree that these Terms of Service and your use of the Service are governed under United States and any relevant local law.
- Questions about the Terms of Service should be sent to email@example.com.
Last updated: January 18, 2016