1. Your Acceptance
A. By using and/or visiting THEKICKERSZONE.COM website (collectively, including all content and functionality available through TheKickersZone.com domain name and website, you signify your agreement to:
(1) these terms and conditions (the “Terms of Service”)
(2) VASInternational.com’s privacy notice incorporated here by reference.
If you do not agree to any of these terms, TheKickersZone.com privacy notice, please do not use TheKickersZone.com website.
2. TheKickersZone.com website
B. TheKickersZone.com website may contain links to third party websites that are not owned or controlled by TheKickersZone.com. TheKickersZone.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, TheKickersZone.com will not and cannot censor or edit the content of any third-party site. By using THEKICKERSZONE.COM website, you expressly relieve TheKickersZone.com and its parent company VAS International, Inc. from any and all liability arising from your Use/Service of any third-party website.
3. TheKickersZone.com Accounts
A. In order to access some features of THEKICKERSZONE.COM website, you will have to create a TheKickersZone.com account. You may never Use/Service another’s account without permission. When creating your THEKICKERSZONE.COM account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify TheKickersZone.com immediately of any breach of security or unauthorized Use/Service of your account.
B. Although TheKickersZone.com will not be liable for your losses Use/Serviced by any unauthorized Use/Service of your account, you may be liable for the losses of TheKickersZone.com or others due to such unauthorized Use/Service.
4. General Use/Service of THEKICKERSZONE.COM website—Permissions and Restrictions
A. You agree not to distribute in any medium any part of THEKICKERSZONE.COM website, including but not limited to Use/Service Submissions (defined below), without VAS International, Inc.’s prior written authorization.
B. You agree not to alter or modify any part of THEKICKERSZONE.COM website, or any of its related technologies.
C. You agree not to access Use/Service Submissions (defined below) or TheKickersZone.com Content through any technology or means other than the video pages of THEKICKERSZONE.COM website itself, or other explicitly authorized means TheKickersZone.com may designate.
D. You agree not to Use/Service the website, without the prior written authorization of TheKickersZone.com. Prohibited commercial Use/Service includes any of the following actions taken without VAS International, Inc’s express approval:
sale of access to THEKICKERSZONE.COM website or its related services on another website;
Use/Service of THEKICKERSZONE.COM website or its related services for the primary purpose of gaining advertising or subscription revenue; the sale of advertising, on TheKickersZone.com website or any third-party website, targeted to the content of specific Use/Service Submissions or TheKickersZone.com content; and any Use/Service of THEKICKERSZONE.COM website or its related services that TheKickersZone.com finds, in its sole discretion, to Use/Service TheKickersZone.com’s resources or Use/Service Submissions with the effect of competing with or displacing the market for TheKickersZone.com, TheKickersZone.com content, or its Use/Service Submissions.
E. Prohibited commercial Use/Service does not include: Uploading an original video to TheKickersZone.com, or to promote your business or specific enterprise; Using the TheKickersZone.com videos on an ad-enabled blog or website, provided the primary purpose of using this is not to gain advertising revenue or compete with TheKickersZone.com; any Use/Service that TheKickersZone.com expressly authorizes in writing.
F.You agree not to Use/Service or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the website in a manner that sends more request messages to TheKickersZone.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, TheKickersZone.com grants the operators of public search engines permission to Use/Service spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. TheKickersZone.com reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from THEKICKERSZONE.COM website, nor to Use/Service the communication systems provided by THEKICKERSZONE.COM website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Use/Services of THEKICKERSZONE.COM website with respect to their Use/Service Submissions.
G. In your Use/Service of THEKICKERSZONE.COM website, you will otherwise comply with the terms and conditions of these Terms of Service, TheKickersZone.com and all applicable local, national, and international laws and regulations.
H. TheKickersZone.com reserves the right to discontinue any aspect of TheKickersZone.com website at any time.
5. Your Use/Service of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your Use/Service of content on TheKickersZone.com website.
A. The content on TheKickersZone.com except all Use/Service Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to TheKickersZone.com, subject to copyright and other intellectual property rights under the law. Content on THEKICKERSZONE.COM website is provided to you AS IS for your information and personal Use/Service only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. TheKickersZone.com reserves all rights not expressly granted in and to the website and the Content.
B. You may access Use/Service Submissions solely: for your information and personal Use/Service; as intended through the normal functionality of TheKickersZone.com Service; and for Streaming. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the TheKickersZone.com Service to a Use/Service’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 Use/Service. Accessing Use/Service Videos for any purpose or in any manner other than Streaming is expressly prohibited. Use/Service Videos are made available “as is.”
C. Use/Service Comments are made available to you for your information and personal Use/Service solely as intended through the normal functionality of TheKickersZone.com Service. Use/Service 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 TheKickersZone.com Service or otherwise as prohibited under this Agreement.
D. You may access TheKickersZone.com Content, Use/Service Submissions and other content only as permitted under this Agreement. TheKickersZone.com reserves all rights not expressly granted in and to TheKickersZone.com content and TheKickersZone.com Service.
E. You agree to not engage in the Use/Service, copying, or distribution of any of the Content other than expressly permitted herein, including any Use/Service, copying, or distribution of Use/Service Submissions of third parties obtained through
THEKICKERSZONE.COM website for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of TheKickersZone.com website or features that prevent or restrict Use/Service or copying of any Content or enforce limitations on service of TheKickersZone.com website or the Content therein.
G. You understand that when using TheKickersZone.com website, you will be exposed to submissions from a variety of sources, and that TheKickersZone.com is not responsible for the accuracy, safety, or intellectual property rights of or relating to such submissions. You further understand and acknowledge that you may be exposed to 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 TheKickersZone.com with respect thereto, and agree to indemnify and hold TheKickersZone.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 Use/Service Submissions and Conduct
A. As a TheKickersZone.com account holder you may submit video content (“Use/Service 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 submissions are published, TheKickersZone.com does not guarantee any confidentiality with respect to any submissions.
D. In connection with these 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 TheKickersZone.com all of the license rights granted herein.
E. You further agree that you will not, in connection with these submissions, submit material that is contrary to TheKickersZone.com which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
F. TheKickersZone.com does not endorse any submission or any opinion, recommendation, or advice expressed therein, and TheKickersZone.com expressly disclaims any and all liability in connection with submissions. TheKickersZone.com does not permit copyright infringing activities and infringement of intellectual property rights on its THEKICKERSZONE.COM website, and TheKickersZone.com will remove all content and submissions if properly notified that such content or submission infringes on another’s intellectual property rights. TheKickersZone.com reserves the right to remove content and submissions without prior notice.
7. Account Termination Policy
A. TheKickersZone.com will terminate a user’s access to its THEKICKERSZONE.COM website if, under appropriate circumstances, they are determined to be a repeat infringer of our policies set forth.
If a counter-notice is received by the Copyright Agent, TheKickersZone.com may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at TheKickersZone.com’s sole discretion.
8. Warranty Disclaimer
YOU AGREE THAT YOUR USE/SERVICE OF THEKICKERSZONE.COM WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THEKICKERSZONE.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THEKICKERSZONE.COM WEBSITE AND YOUR USE/SERVICE THEREOF. THEKICKERSZONE.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/SERVICE OF OUR THEKICKERSZONE.COM WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE/SERVICE 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 THEKICKERSZONE.COM WEBSITE, (IV) ANY BUGS, VIRUSE/SERVICES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR THEKICKERSZONE.COM 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/SERVICE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THEKICKERSZONE.COM WEBSITE. THEKICKERSZONE.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THEKICKERSZONE.COM WEBSITE OR ANY HYPERLINKED THEKICKERSZONE.COM WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THEKICKERSZONE.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/SERVICE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
9. Limitation of Liability
IN NO EVENT SHALL THEKICKERSZONE.COM, OR VAS INTERNATIONAL INC. 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/SERVICE OF OUR THEKICKERSZONE.COM WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE/SERVICE 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 THEKICKERSZONE.COM WEBSITE, (IV) ANY BUGS, VIRUSE/SERVICES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR THEKICKERSZONE.COM 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/SERVICE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THEKICKERSZONE.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 THEKICKERSZONE.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.
THEKICKERSZONE.COM website is controlled and offered by TheKickersZone.com from its facilities in the United States of America. TheKickersZone.com makes no representations that TheKickersZone.com website is appropriate or available for Use/Service in other locations. Those who access or use TheKickersZone.com website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
We at TheKickersZone.com recognize that you, our customers, visitors, users, and all others who use TheKickersZone.com. value and respect your privacy.
You choose the privacy settings for the content you upload, which are labeled as private, public or shared.
If you choose to share information publicly you do so at your own risk, and please remember that uploaded content marked “public” can be viewed by anyone, and some personal information is collected when you create an account with us.
TheKickersZone.com may share non-personally identifiable aggregated demographic information.
We keep server logs to track usage, and may correlate this information with personal information when required.
This policy covers how TheKickersZone.com treats your personal information that TheKickersZone.com collects and receives. Personal information is information about you that is personally identifiable like your name, address, email address, or phone number.
TheKickersZone.com allows users to upload and display user content on TheKickersZone.com website and/or on other websites. As a paid member you have a choice of assigning one of three privacy settings to each use of content you post. These include:
1. Public. User content that you publish as “Public” (“Public User Content”) will be accessible to all TheKickersZone.com users of TheKickersZone.com website, whether or not they are registered TheKickersZone.com users and to all partners, affiliates, agents, designees, licensors, licensees or sub-licensees (collectively, “Partners”). In addition, Public user content may also be available for other TheKickersZone.com users to modify, copy, download, or combine with other user content.
2. Private. User content that you publish as “Private” (“Private User Content”) will be accessible to you and TheKickersZone.com personnel in connection with the operation and administration of the website.
3. Shared. User content that you publish as “Shared” (“Shared User Content”) will be accessible to the defined set of TheKickersZone.com users of TheKickersZone.com website.
You understand and agree that while TheKickersZone.com enables you to control who may access your user content, if you opt to publish your content or otherwise distribute it to other third parties you are making your submissions available to individuals in ways TheKickersZone.com cannot and does not control. If you do choose to share your information with third parties TheKickersZone.com is not responsible for use of your data by any such third party.
Information Collection and How it is Used:
When you register and create your own account profile, TheKickersZone.com will use your personal information to operate, maintain, and provide to you the features and functionality of TheKickersZone.com services and website including personalization and customization based on what you share with TheKickersZone.com or what TheKickersZone.com learns about you from your use of the website.
Information you share publicly online may be shared or used in ways TheKickersZone.com cannot and does not control in any way. Such information might include information you share online in message or discussion boards, emails, chat areas, within your public profile, etc. Others could collect, use and disclose this information. TheKickersZone.com cannot guarantee the security of such information that you disclose or communicate online in public areas such as message boards, chat rooms, and within your public profile and you do so at your own risk.
TheKickersZone.com reserves the right at any time to charge fees for access to new TheKickersZone.com content or services or to portions of the existing Website. The website does have the ability to allow users over 18 to obtain a paid account, where we will ask for your billing address, phone number, and credit card information. Consistent with this policy, TheKickersZone.com will take steps to secure this information and access the information only for matters related to payment processing. Payment information will not be shared with others unless or except in connection with processing of payments and if so, subject to strict confidentiality obligations.
TheKickersZone.com displays targeted advertisements based on personal information that is exhibited in your profile.
TheKickersZone.com automatically receives and records information on our server logs from your browser, including your IP address, cookie, and the page you request. TheKickersZone.com uses information for the following general purposes: products and services provision, billing, identification and authentication, services improvement, contact, research, and anonymous reporting. TheKickersZone.com may correlate this information with the personal information of individual users.
IP addresses may be used for various purposes, including:
1. To diagnose or service technology problems reported by our users or engineers which are associated with the IP addresses controlled by a specific web company or ISP.
2. To tailor advertising based on geographic area or other information derived from your IP address. Aggregate information derived from IP addresses may also be reported to advertisers.
3. To estimate the total number of users visiting TheKickersZone.com website from specific geographical region
We may place a text file called a “cookie” in the browser files of your computer, or use similar technologies to enhance or personalize the website and our relationship with you. The cookie itself does not contain personal information although it will enable us to relate your use of this website to information that you have specifically and knowingly provided. But the only personal information a cookie can contain is information you supply yourself. A cookie can’t read data off your hard disk or read cookie files created by other sites.
You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set.
If you reject all cookies, you will not be able to use TheKickersZone.com products or services that require you to “sign in,” and you may not be able to take full advantage of TheKickersZone.com services or website.
TheKickersZone.com uses its own cookies and may use similar technologies for a number of purposes, including to:
1. Access your information when you “sign in”;
2. Keep track of preferences you specify while you are using TheKickersZone.com’s
3. Display the most appropriate advertising banners, based on your interests and activity on TheKickersZone.com website;
4. Estimate and report our total audience size and traffic;
5. Conduct research to improve VAS International, Inc.’s content and services; and
6. Otherwise authenticate users and enhance, personalize, or customize your use of the website.
TheKickersZone.com may use third-party authorized service providers under contracts with TheKickersZone.com to assist TheKickersZone.com in displaying advertising to you, and in such case may share the information in the cookie TheKickersZone.com collects with such service providers.
Information Sharing and Disclosure
When you post user content to the TheKickersZone.com website, your TheKickersZone.com ID or alias that you are posting under is visible to other users.
If you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return.
TheKickersZone.com may share personal information about you with other people or nonaffiliated companies in the following circumstances:
1. If you submit personally identifiable information to us through the website to create your own account profile, we may share your personally identifiable information with employees, contractors, agents doing work for TheKickersZone.com or other third parties to provide you with the features and functionality of TheKickersZone.com website and services and to personalize and enhance our business relationship with you.
2. TheKickersZone.com may share non-personally identifiable aggregated demographic information with third parties (including Partners).
3. TheKickersZone.com may also share your personal information and/or aggregate information with our, technical and functional consultants, third party auditors and other third parties who work with us to create or maintain the website, enhance its functionality or provide associated services.
4. There may be portions of the website, from time to time, that are co-branded or co-labeled with the brand or name belonging to one of VAS International, Inc.’s Approved Partners. Although TheKickersZone.com will own any non-personally identifiable and personally identifiable information collected about you from one of these co-branded areas, such information may be shared by TheKickersZone.com with that Approved Partner.
5. TheKickersZone.com may share personal information about website users with third parties if doing so is appropriate to carry out a users request, render its services or, if it reasonably believes that doing so is legally required or is in VAS International, Inc.’s interest to protect its property or other legal rights or the rights or property of others.
6. If TheKickersZone.com should ever file for bankruptcy or have its assets sold to or merge with another entity, information TheKickersZone.com receives from you from this website is a TheKickersZone.com asset and may be transferred.
Third Party Advertisers
Please note an important message on Children and Privacy
TheKickersZone.com does not knowingly collect or maintain personally identifiable information from persons under 13 years of age. If TheKickersZone.com learns that such information has been collected on our website TheKickersZone.com will take the appropriate steps to delete this information. Any person who provides their personal information to TheKickersZone.com through this Website represents that they are 13 years of age or older, and for any “paid subscription” of “paid service” they are over 18 and have the legal authority to pay for these services and fees.
User Access on the website
You can change your TheKickersZone.com account information at any time.
We may send you certain communications relating to TheKickersZone.com service, such as service announcements and administrative messages that are considered part of your TheKickersZone.com account.
No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once we receive your transmission, we make reasonable efforts to ensure security on our systems. In certain areas, we use commercially reasonable physical, managerial and technical safeguards to protect your information from unauthorized access, disclosure, alteration, or destruction. Please note that this is not a guarantee that such information may not be accessed, disclosed, altered or destroyed by a breach of security.
If TheKickersZone.com learns of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. TheKickersZone.com may post a notice on our corporate website if a security breach occurs. If this happens, you will need a web browser enabling you to view the website. TheKickersZone.com may also send an email to you at the email address you have provided to us. Depending on where you reside, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us at info@TheKickersZone.com
Due to the existing regulatory environment, TheKickersZone.com cannot ensure that all of your personally identifiable information and communications will remain private and will never be disclosed in ways not otherwise described in this policy. Therefore, although we maintain and make every effort to comply with the ever-changing privacy standards, we do not promise, nor should you expect, that your personally identifiable information or private communications will always remain private.
Your TheKickersZone.com account information is password-protected. It is your responsibility to keep your password private. Please do not share your password with anyone.
If you are logging in from other countries/regions outside of the United States with laws governing data collection that may differ from U.S. law please note that you are transferring your personal data to the United States which does not have the same data protection laws as the for instance the European Union and by providing your personal data you consent to:
2. the transfer of your personal data to the United States as indicated above.
If you have questions or suggestions please feel free to contact us at:
VAS International, Inc.
119 Fitchburg Drive, Suite B
Woodstock, GA. 30189
December 31, 2008