1. Your Acceptance
A. By using and/or visiting this website (collectively, including all content and functionality available through the LowKick.com domain name, the "LowKick.com Website", or "Website"), you signify your agreement to
(1) these terms and conditions (the "Terms of Service"),
(2) LowKick.com privacy notice
If you do not agree to any of these terms, the LowKick.com privacy notice, please do not use the LowKick.com Website
B. LowKick.com , in its sole discretion, may at any time revise or modify these Terms of Service and policies at any time. You agree to be bound by such revisions or modifications. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. LowKick.com Website
A. These Terms of Service shall apply to all users of the LowKick.com Website, including users who are also contributors of video content, information, and other materials or services on the Website. The LowKick.com Website includes all aspects of LowKick.com, including but not limited to LowKick.com channels, LowKick.com "Embedded Content,", LowKick.com RSS feeds, and the LowKick.com "Video Submission Service."
3. LowKick.com Accounts
A. In order to access some features of the Website, users of the site will have to create a LowKick.com account. You may never use or share another users account without the express permission of LowKick.com. When creating your account, we require you to provide us with accurate and complete user information. You are solely responsible for the activity that occurs on your account, and your account password must be kept secure. If you believe that your password may have been shared or discovered, or that secuirty on your account may have been compromised, you must notify LowKick.com immediately.
B. LowKick.com will not be liable for losses caused by any unauthorized use of your account. However, you may be liable for the losses of LowKick.com or others due to such unauthorized use.
4. General Use of the Website, Permissions and Restrictions
A. You agree not to access User Submissions (defined below) or LowKick.com Content through any technology or means other than the video playback pages of the Website itself, LowKick.com Embeddable content, or other explicitly authorized means LowKick.com may deem appropriate. :
B. If you use LowKick.com Embeddable content, RSS Feeds or API content on your website, you must include a prominent attribution and link back to the LowKick.com website on the pages containing the content and you may not modify, build upon, or block any portion of LowKick.com content in any way.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that is deemed to be sending more request messages to the LowKick.com server in a manner that is not deemed to be 'unreasonable' by LowKick.com This means in a manner that a human visitor cannot reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the following, LowKick.com grants the operators of public search engines for the sole purpose of creating searchable public indices, permission to use spiders to copy and index materials from the site. LowKick.com reserves the right to revoke these exceptions in specific cases.
You agree not to collect or harvest any personally identifiable information, including account names, email addresses, or IP addresses from the Website. You agree not to use the communication systems provided by the Website ( e.g. comments, email) for any commercial purposes.
D. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations.
E. LowKick.com reserves the right to discontinue any part of the LowKick.com Website at any time.
5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the LowKick.com Website.
A. The content on the LowKick.com Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the related video "content" and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to LowKick.com, subject to copyright and other intellectual property rights under the law.
Content on the Website is provided to you AS IS for your informational and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the express written consent of the respective owners. LowKick.com reserves all rights not expressly granted in and to the Website and the Content.
B. You may access User Submissions solely:
for your information and personal use; as intended through the normal functionality of the LowKick.com Service; and for Streaming purposes.
"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the LowKick.com Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available "as is."
C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the LowKick.com Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the LowKick.com Service or otherwise as prohibited under this Agreement.
D. You may access LowKick.com Content, User Submissions and other content only as permitted under this Agreement. LowKick.com reserves all rights not expressly granted in and to the LowKick.com Content and the LowKick.com Service.
E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the LowKick.com Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the LowKick.com Website or the Content therein.
G. You understand that when using the LowKick.com Website, you will be exposed to User Submissions from a variety of sources, and that LowKick.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against LowKick.com with respect there to, and agree to indemnify and hold LowKick.com, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
6. Your User Submissions and Conduct
A. As a LowKick.com account holder you may submit video content ("User Videos") and textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, LowKick.com does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize LowKick.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to LowKick.com, you hereby grant LowKick.com a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the LowKick.com Website and LowKick.com's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the LowKick.com Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the LowKick.com Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the LowKick.com Service. You understand and agree, however, that LowKick.com may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant LowKick.com all of the license rights granted herein.
E. You further agree that you will not, in connection with User Submissions, submit material that is contrary to the LowKick.com Member guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
F. LowKick.com does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and LowKick.com expressly disclaims any and all liability in connection with User Submissions. LowKick.com does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and LowKick.com will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. LowKick.com reserves the right to remove Content and User Submissions without prior notice.
7. Account Termination Policy
A. LowKick.com will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
B. LowKick.com reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. LowKick.com may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
8. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE LowKick.com WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, LowKick.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. LowKick.com MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE LowKick.com WEBSITE. LowKick.comDOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE LowKick.com WEBSITE OR ANY HYPERLINKED WEBSITE OR WEBSITE FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND LowKick.com WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
9. Limitation of Liability
IN NO EVENT SHALL LowKick.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE LowKick.com WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT LowKick.com SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Those who access or use the LowKick.com Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless LowKick.com, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the LowKick.com Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the LowKick.com Website.
11. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the LowKick.com Website is not intended for children under 13. If you are under 13 years of age, then please do not use the LowKick.com Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by LowKick.com without restriction.
These Terms of Service, together with the Privacy Notice and any other legal notices published by LowKick.com on the Website, shall constitute the entire agreement between you and LowKick.com concerning the LowKick.com Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and LowKick.com's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. LowKick.com reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the LowKick.com Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND LowKick.com AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE LowKick.com WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.