TERMS AND CONDITIONS
PLEASE READ CAREFULLY. Welcome to KICKDEALS.com, an online deals information provider. By using this Site you consent and agree to the terms and conditions contained in this Agreement. These terms and conditions ("Agreement") applies to use of the KICKDEALS.com website located at http://www.KICKDEALS.com (the "Site"). The Site is the property of KICKDEALS.com ("KICKDEALS", "we", "our", "us", etc.). By using KICKDEALS.com you agree to be legally bound by these terms, which shall take effect immediately on your first use of KICKDEALS.com. If you do not agree to be legally bound by all the following terms please do NOT access and/or USE KICKDEALS.com.
Terms of Service
KickDeals is a service provider, We do not control the truth or accuracy of content posted or the safety, or legality of the items advertised or sold. You may find other users' information or advertisements posted to be offensive, harmful, inaccurate or deceptive. The views expressed on the website are not those of KickDeals.com, and any errors or omissions in them belong to the respective contributors / copyright holders. Through the use of this site, you agree to hold harmless KickDeals and its sponsors, owners, shareholders or employees against any and all claims related to the opinions expressed by others.
Introduction
The terms 'KickDeals' and 'KickDeals.com' are used in this document (or Agreement) to refer to the Web site itself and to KickDeals.com, the company which owns and operates the KickDeals website.
KickDeals.com, or KickDeals, is an online networking community that connects its members through networks of friends and through a variety of services that it provides to its members. This document covers the terms and conditions under which these services are provided and the privacy policy of the site.
Your registration as a member of KickDeals or the use of any of the features and services on KickDeals either as a registered member or as an unregistered visitor constitutes acceptance of these terms and conditions and the privacy policy defined herein. These terms and conditions apply automatically to any new services or features introduced on KickDeals.
If you do not agree with any of the terms and conditions or with the privacy policy of KickDeals, you are NOT granted rights to use KickDeals services and must not register as a member of KickDeals or use any of its services.
KickDeals reserves the right to update the terms, conditions and notices of this agreement without notice to you. It is your responsibility to periodically review the most current version of this Agreement as your continued use of KickDeals signifies your acceptance of any changed terms.
This Agreement constitutes the entire agreement between you and KickDeals and governs your use of the KickDeals Service, superseding any prior agreements between you and KickDeals.
KickDeals is entitled to assign this agreement, and all rights and obligations hereunder, to a successor to all or any of its assets, whether by sale, merger or otherwise. These terms shall be binding upon and shall inure to the benefit of the parties hereto and their respective representatives, heirs, administrators, successors and permitted assigns except as otherwise provided herein.
Terms of Service
KickDeals is a service provider, We do not control the truth or accuracy of content posted or the safety, or legality of the items advertised or sold. You may find other users' information or advertisements posted to be offensive, harmful, inaccurate or deceptive. The views expressed on the website are not those of KickDeals.com, and any errors or omissions in them belong to the respective contributors / copyright holders. Through the use of this site, you agree to hold harmless KickDeals and its sponsors, owners, shareholders or employees against any and all claims related to the opinions expressed by others.
The remainder of this document covers the specific terms and conditions under which each major service category of KickDeals is provided for your use. It is your responsibility to make sure you read and understand this document before using any KickDeals service. Please do not contribute to KickDeals in any manner unless you have carefully read and agree with all of these terms.
Accessing and Transmitting KickDeals Content
All the content available for public access on KickDeals is protected by copyright. Your use of this material must adhere to the following terms, unless you are the original contributor of the content to KickDeals, in which case your use is governed by the terms governing KickDeals's relationship with its contributors as covered below.
You may download and print a single copy of any content item for your personal, non-commercial use. Content items include, but are not restricted to, articles, columns, photographs, complete Coffeehouse posts and reader comments on articles.
You may not modify any content you download or print from KickDeals. You must retain all copyright notices and logos on any content item you download or print.
You may not make any content item originating from KickDeals available for public access by any means whatsoever without obtaining prior written permission from KickDeals.
You may forward Internet URLs (Uniform Resource Locators) to third parties for private, non-commercial use, along with brief extracts that do not violate Fair Use guidelines.
You may post, or otherwise make publicly available, excerpts from KickDeals content items, in any publicly accessible forum, so long as they follow standard Fair Use guidelines and KickDeals is cited alongside the excerpt as the original source with a link back to KickDeals.
Contributing Content to KickDeals
In addition to being a social and professional networking site that connects people, KickDeals also provides a variety of forums for its members to express themselves in the form of articles, columns, opinions, comments, reviews, art and photographs. KickDeals provides value to its contributors by making available to them its vast global audience reach.
The terms in this section apply to all the content contributed to KickDeals in any of its various services and forums.
You truthfully assert that the content being contributed is your creation and that you own the copyright to the content. Unless you have deliberately assigned the copyright to someone else, you automatically own the copyright to all of your original creations.
You truthfully assert you have not infringed on anybody else's copyright in the creation of this article.
We are not responsible or liable for loss if visitors to the site violate your copyright and distribute your copyrighted content without your permission.
You grant us exclusive unlimited Internet distribution rights and electronic distribution rights, and non-exclusive, unlimited print publication and distribution rights either through KickDeals's own or through other media. This includes Web publishing, syndication on other web sites, syndication with print publishers, publishing as part of a collection of articles, publishing as a book, email, ftp, telnet and other Internet-based information transfer protocols.
You may, however, publish the content you contribute to KickDeals, on your personal, non-commercial Web site if you possess one.
In case the contributions are digital images of artwork in traditional media such as canvas, that is available for sale, you may also publish digital images of your artwork on commercial Web sites that sell art online, only for the purpose of sale.
Once granted and your content is published, the distribution rights cannot be revoked. In other words, once your contribution is published on KickDeals it automatically becomes a permanent part of the publicly-accessible KickDeals archives. You may, however, subject to our approval, update or revise your contributions on KickDeals.
You will not receive any monetary compensation for your submissions. The only in-kind compensation we promise is exposure on the World Wide Web and a home for your expression on the web.
You grant us the right to organize, categorize, collate your contributed content and present it on the website in any manner we see fit. We may remove or edit your contribution at our discretion without having to secure your permission. We will however make reasonable efforts to inform you of the changes.
We generally do not object to our contributors posting their KickDeals contributions on other, freely accessible non-commercial Internet locations, so long as KickDeals is clearly cited as the original publisher, and a link to www.KickDeals.com is provided. You, however, agree to secure our permission first before such re-publication on other Internet sites happens.
You agree to state KickDeals.com as the previous publisher prominently in case you print your article in an offline magazine.
While you are on the site and engaged in any form of communication on any of the forums, you agree NOT to:
Upload or post or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, promotes violence, is invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; impersonate any person or entity, including, but not limited to, a KickDeals official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted;
Upload or post otherwise make available any Content that you do not have a right to make available, under any law or under contractual or fiduciary relationships (such as inside, proprietary or confidential information, learned or disclosed as part of employment relationships or under nondisclosure agreements);
Upload or post or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. You may, however, post excerpts of copyrighted material so long as they adhere to Fair Use guidelines.
Upload or post or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of business solicitation. Repeated postings of a promotional nature is considered abuse of the forums. Businesses or individuals wishing to advertise on the KickDeals website should contact us at this address.
Upload or post or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Disrupt the normal flow of dialogue by repeatedly posting the same or similar material, or otherwise acting in a manner that negatively affects other users' ability to engage in exchanges;
Violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
"Stalk" or otherwise harass another user; Collect or store personal data about other users either manually or by means of automated software tools; Promote illegal activities; Inhibit other users from using and enjoying the unedited forums.
Post classifieds advertisements that contain untruthful representations, deceptive practices, inducements to commit any illegal activity.
Using KickDeals Services
This Section covers the terms under which various KickDeals services, including, but not limited to, link forwarding services, event information, and any information available on KickDeals, are made available to you.
You agree that:
KickDeals may electronically block or otherwise deny access to the KickDeals Web site, to any user deemed to be in violation of any of the terms in this document.
KickDeals is not obliged to ensure that the Web site is available to all users at all times. While we make all attempts to deny access only to those individuals who violate KickDeals regulations, we are occasionally forced to use access denial methods that cause a disruption in access for other users.
KickDeals is not responsible for a loss of access to KickDeals services due to failure of networks connected to the Internet, or any other temporary hardware or software failure.
KickDeals reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
A possibility exists that the Site could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions and alterations could be made by third parties to the Site. Although KickDeals attempts to ensure the integrity and the accuracy of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. In the event that such an inaccuracy arises, please inform KickDeals by emailing editor@KickDeals.com so that it can be corrected.
This Site may contain links to other Web sites operated by third parties ("Linked Sites"). You acknowledge that, when you click on a link to visit a Linked Site, a frame may appear that contains the KickDeals logo, advertisements and/or other content selected by KickDeals. You acknowledge that KickDeals and its sponsors neither endorse nor are affiliated with the Linked Site and are not responsible for any content that appears on the Linked Site. You also acknowledge that the owner of the Linked Site neither endorses nor is affiliated with KickDeals and its sponsors.
If you use KickDeals.com free email services, provided by our affiliate, Everyone.net, you agree that your use of this service, and rights with regard to the service, are governed by the terms and conditions of Everyone.net.
Using KickDeals Classifieds or Marketplace Services
KickDeals provides KickDeals Classifieds as a service to enable its users to connect with one another. KickDeals provides the platform but does not directly participate in, nor is it involved in any Classifieds transactions. Please keep in mind that Classifieds are posted not by KickDeals, but users of KickDeals. Users of this service are responsible for all aspects of the transactions in which they choose to participate. KickDeals requires a user to register before posting a classifieds ad but does not screen or control users who may sell or buy on Classifieds, nor does KickDeals review or authenticate all listings, items, or services offered for sale. KickDeals have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. Therefore, users of this service should be aware that:
Sellers and buyers are completely responsible for working out the sale and exchange of goods or services. They must resolve any disputes that may arise in their dealings.
Sellers and buyers are responsible for researching and complying with any applicable laws, regulations or restrictions on items, services, or manner of sale or exchange that may pertain to transactions in which they participate.
Sellers and buyers are responsible for all applicable taxes and for all costs incurred by participating in KickDeals Classifieds.
KickDeals will not be liable for any damages of any kind incurred as a result of the information contained in the KickDeals Classifieds or the use of KickDeals Classifieds
Users may not use or manipulate this service for any fraudulent activity or purpose. Items or services offered for sale must comply with applicable laws
Classifieds service users may not post the same ad in multiple places. KickDeals may take action to delete the classifieds ads and/or KickDeals user accounts that we believe are misusing this service. Prohibited spam or otherwise impermissible marketing activities in KickDeals Classifieds may include, but are not limited to, the following:
Posting an ad that is unrelated to the category in which the ad is placed.
Posting identical ads in the same category and location.
Posting an ad with inappropriate links, titles, descriptions, or unauthorized use of content to which the person posting does not have rights.
Posting an ad through unauthorized robots (crawling software).
Soliciting a KickDeals Classifieds user to post an ad in another classifieds site.
Posting more than the maximum allowed 3 free ads on KickDeals Classifieds by creating multiple userids.
Posting ads for services that compete with any of KickDeals's services.
Posting ads for ad typist or home typist.
Because KickDeals is a platform, in the event that users have disputes KickDeals and its employees, officers, agents and directors are released from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. We do not control the information provided by other users that is made available through our system. Users may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense for your own safety. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals.
Member Registration
KickDeals requires registration for those who participate in a variety of its services. KickDeals also offers social networking services to its members through which they can get to know each other and establish shared contexts and relationships. When you register as a KickDeals member, you accept the following terms and conditions:
You agree to provide true, accurate, current and complete information as required in the registration form.
You agree maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete.
If, after investigation, KickDeals has reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, KickDeals may suspend or terminate that user's account and prohibit any and all current or future use of the KickDeals Sites (or any portion thereof) by that user other than as expressly provided herein.
Each user is wholly responsible for maintaining the confidentiality of account login and password information and for all activities occurring there under. KickDeals cannot and will not be liable for any loss or damage arising from a user's failure to comply with this Section 4, including any loss or damage arising from any user's failure to: (1) immediately notify KickDeals of any unauthorized use of his or her password or account or any other breach of security; and (2) ensure that he or she exits from his or her account at the end of each session.
You agree that KickDeals reserves the right to publish any and all information provided as part of KickDeals registration, except email address and password to authenticate the user, to facilitate social networking among its members.
Disclaimer of Warranties and Indemnity
YOUR USE OF KICKDEALS IS AT YOUR OWN RISK. THIS WEBSITE IS PROVIDED BY KickDeals.COM, ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WEBSITES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHATABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOU ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OF THE PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH KickDeals IS PROVIDED SOLELY BY THE OWNER, ADVERTISER OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE AND NOT BY KickDeals.COM.
KickDeals.COM, MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS ON THE WEBSITE, INCLUDING THAT
KickDeals AND ITS SERVICES WILL MEET YOUR REQUIREMENTS,
KickDeals WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE,
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THOUGH KickDeals WILL MEET YOUR EXPECTATIONS, BE RELIABLE OR ACCURATE, AND
ERRORS IN THE SOFTWARE WILL BE CORRECTED.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH KickDeals, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE AND/OR ITS SERVICES.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF KickDeals IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DO.
You agree to indemnify, defend and hold KickDeals.com, harmless from all claims, damages and expenses (including attorney's fees) made by any third party arising out of your content, your use of KickDeals, your connection to KickDeals, your violation of this Agreement, our Terms of Use or our Privacy Policy, and the development, operation, maintenance, use and contents of your website.
Limitation of Liability
IN NO EVENT SHALL KickDeals.COM, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES RESULTING FROM [A] THE USE OR THE INABILITY TO USE OUR SERVICES OR ACCESS CONTENT, [B] THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM TRANSACTIONS ENTERED INTO THROUGH OR FROM KickDeals, [C] THE UNAUTHORIZED ACCESS TO OR ALTERATIONS OF YOUR TRANSMISSIONS OR DATA, [D] STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR [E] ANY OTHER MATTER RELATING TO THE SERVICE, EVEN IF KickDeals.COM, HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Void Where Prohibited
Although KickDeals is accessible worldwide, not all products or services discussed or referenced on KickDeals are available to all persons or in all geographic locations or jurisdictions. KickDeals reserves the right to limit the provision of any product or service to any person, geographic area or jurisdiction it so desires, in its sole discretion and to limit the quantities of any such product or service that it provides. Any offer for any product or service made on KickDeals is void where prohibited.
In addition, KickDeals.com, makes no representation that materials on KickDeals are appropriate or available for use in locations outside the United States; therefore, accessing those materials from territories where they are illegal is prohibited. Those who choose to access KickDeals from locations outside the United States do so on their own initiative and are responsible for compliance with local laws.
Financial Transactions and Taxes
If you make any financial transactions on KickDeals, including paying for network services fees, advertising banners, product placements, products or services, you may be asked for credit card or other payment information. You agree that all information you provide is accurate, complete and current and that you will pay all charges owed, including any applicable taxes. You agree that you are solely responsible for any personal income reporting and tax payments required of you by applicable government authorities.
Termination
KickDeals.com, reserves the right to discontinue in whole or in part any portion of KickDeals services or programs with or without notice.
Additional Notices
All pages within this Internet site are the property of KickDeals.com, Permission (which may be revoked at any time) is granted to download the material in this Site without alterations and for private and non-commercial use only.
'KickDeals', 'KickDeals.com', 'KickDeals Classifieds', 'KickDeals Cities' and 'KickDeals News' and other logos associated with these services are all trademarks and service marks of KickDeals.com, All other trademarks, service marks and logos used in this Site the trademarks, service marks or logos of their respective owners.
Any offer for any product or service made in the Site is void where prohibited.
Third party trademarks, service marks, logos, trade names and copyrights found on KickDeals belong to their respective owners.
All rights to the KickDeals Material not expressly granted herein are reserved.
Third Party Merchants and Advertisers: You acknowledge that KickDeals.com, does not control the performance of merchants or advertisers that appear on KickDeals. Therefore, if you choose to purchase a product or service, you release us from any and all claims you may have regarding the third party's failure to deliver or perform.
Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT MEMBER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS USER AGREEMENT. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN KickDeals OR ITS PROGRAMS AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENTS OTHER THAN AS SET FORTH IN THIS AGREEMENT.