localKicks Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By using an localKicks.com Site, you signify your agreement to these terms of use. If you do not agree to these terms of use please do not use the Site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this localKicks.com Site following the posting of changes to these terms will mean you accept those changes.

Section 1. General Terms - Content and Communications
(a) The Website is a venue with the sole purpose of offering information pertaining to advertising products and services. localKicks's mission is to provide valuable information to users; however, there may be content provided or generated by third parties that are intentionally or accidentally incorrect. The Website may contain inaccuracies or typographical errors. Content has been obtained from third party sources such as merchants, newspapers, magazines, and other publications and information sources including forums and blogs. localKicks does not have control over the advertisement, promotional, forums, blogs and related information published on the Website. localKicks shall not be considered to be an advertising or other agency, merchant of goods or services, broker, dealer, advisor, advocate, sales representative, middleman or other intermediary. Any offers or purchases you make with another person or entity, or decisions you make facilitated through the Website are strictly on your own. You must do your own due diligence and use your best judgment. The use, posting, distribution, or publication of any content does not constitute or imply an endorsement, recommendation, advice, opinion or comment by localKicks nor an assurance of legality, quality or safety by localKicks. localKicks shall not be responsible for any offer, or other transaction made, content posted, or other communications made by anyone posting prices, offering goods or services, advertisements, opportunities, advice, proposals or other information on the Website. Prices and details of offers, promotions, specials and sales may significantly vary from that posted on the Website.

(b) Each user is solely responsible for the communications medium that such user uses in community interactions. localKicks reserves the right to expel users and prevent their further access to the Website for violating this Agreement or the law. Parents and guardians are solely responsible for use of this site by their children under the age of eighteen. Minors may not use this site without actual parental supervision.

(c) localKicks is not obligated to screen communications or postings in advance and is not responsible for screening or monitoring the Website or its posted content. However, you acknowledge and agree that localKicks has the right to monitor the Website electronically from time to time its sole discretion, and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Website properly, or to protect itself or its users.

(d) If localKicks is notified of communications or content that allegedly does not conform to this Agreement, it may investigate the allegation and determine in its sole discretion whether to remove or request the removal of the content or termination of use of the Website. localKicks has no liability or responsibility to users for performance or nonperformance of such activities. If a user views content or receives communications allegedly inconsistent with this Agreement, an e-mail may be sent to info@localKicks.com stating the observed behavior. Following receipt of such correspondence, decisions will be made regarding user terminations, removal of posted content, or other actions deemed appropriate by localKicks in its sole discretion. All decisions made by localKicks are final and do not imply nor impose, on localKicks, any responsibility or liability for the form, intent, or accuracy of the original, or any future, posted content by or communications between anyone.

Section 2. FORUMS, BLOGS AND PUBLIC COMMUNICATION
Forum means a chat area, message board, or e-mail function offered as part of any localKicks.com Site. If you participate in any Forum within a localKicks.com Site, you must not:

  • defame, abuse, harass or threaten others;
  • make any bigoted, hateful or racially offensive statements;
  • advocate illegal activity or discuss illegal activities with the intent to commit them;
  • post or distribute any material that infringes and/or violates any right of a third party or any law;
  • post or distribute any vulgar, obscene, discourteous or indecent language or images;
  • advertise or sell to, or solicit others;
  • use the Forum for commercial purposes of any kind;
  • post or distribute any software or other materials which contain a virus or other harmful component; or
  • post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board.

We reserve the right to remove or edit content from any Forum at any time and for any reason.

localKicks.com affiliate publishers may have their own forum guidelines that must also be followed. Please check the site in question for additional information as each site's forum guidelines may vary. localKicks.com affiliate publishers have the ability to ban any user or subscriber who violates localKicks.com's terms of service or the site's individual forum guidelines.

By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed anywhere. In addition, you warrant that all so-called moral rights in those materials have been waived.

When participating in a Forum, never assume that people are who the say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board, or other user generated content area. Information obtained in a Forum may not be reliable. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any decisions made based on such information.

Please keep in mind that whenever you give out personal information online --- for example, via message boards or chat --- that information can be collected and used by people you don't know. While localKicks.com strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.

Section 3. localKicks Board Rules
Membership Update - Membership is not an instant process. You may fill out a registration at any time but it will go into a queue to be approved. This is to encourage new members to spend some time reading the board and the board rules before posting.

1. Post with respect and civility. You don't have to agree with someone to afford them the respect to post their thoughts. And you don't have to like someone to be civil to them. If you've come to flame or have an axe to grind, go elsewhere. Attacking other posters will not be tolerated.

2. Each board is focused on specific topics. Please use appropriate boards for your submissions. 

3. If you see a post that violates the user agreement, is inappropriate or you have a problem with a post, contact a moderator.

4. Do not post copyrighted material on this board. All other publications works are copyrighted. If you wish to discuss material that is you can post the URL of the material.

5. While most of us are adults, some are not. References to alcohol, drugs and sex are inappropriate. Profanity will not be tolerated and attempts to circumvent the profanity filters will not be tolerated either.

6. Racial, ethnic and sexual slurs are grounds for immediate dismissal. Negative name calling of any kind is inappropriate.

7. Please try to read the first two pages for thread topics before you start a new one. Duplicate threads just drive good ones off the front pages.

8. With the creation of private boards for the discussion of private content, we ask that discussion of these articles remain on that board and not on other boards - which otherwise would defeat the purpose of providing a place for private content.

9. Don't go to other boards, talk smack and link to us. And don't come on here and link to places people are talking smack about us. We don't want a board war. Sure there are times when other boards have interesting content for us to read and that's fine.

10. Please do not use our boards to promote your product or company. If you are interested in advertising, please contact our advertising department.

11. No politics, no religion.

Section 4. CONTENT LINKED TO or FROM ANY localKicks.com SITE
Please exercise discretion while browsing the Internet using any localKicks.com Site. You should be aware that when you are on a localKicks.com Site, you could be directed to other sites that are beyond our control. There are links to other sites from localKicks.com pages that take you outside of our service. For example, if you click on a banner advertisement or a search result, the click may take you off the localKicks.com Site. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on localKicks.com Sites may send cookies to users that we do not control.

We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from any localKicks.com Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any localKicks.com Site or third party content on our sites. We have not taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

We reserve the right to disable links from third party sites to any localKicks.com Site.

RSS FEEDS
Use of localKicks.com's RSS Feeds:
We offer RSS feeds as a free service to individuals for private, non-commercial use. All other uses are prohibited, including placing advertising into, around, or targeted towards the localKicks.com RSS content. You must use the RSS feeds as provided by localKicks.com, and you may not edit or modify the text, content or links supplied by localKicks.com.

Link to localKicks.com Content Pages:
The localKicks.com RSS service may be used only on platforms that include a functional link such that, when clicked, takes the viewer directly to the display of the full article on the localKicks.com network. You may not display localKicks.com's RSS content in a way that prevents successful linking to, redirection to or delivery of the applicable localKicks.com network web page. You may not insert any intermediate or other page, or any other content, between the RSS link and the appropriate localKicks.com network web page.

Ownership and Attribution:
localKicks.com retains all ownership and other rights in the RSS content, as well as all localKicks.com logos and trademarks used in connection with localKicks.com's RSS content. You must provide attribution to the appropriate localKicks.com network website in connection with your use of localKicks.com's RSS feeds. If you provide this attribution using a graphic, you must use the logo from the appropriate localKicks.com network website that is incorporated into the RSS feed.

Right to Discontinue Feeds:
localKicks.com reserves the right to discontinue providing RSS feeds at any time and to require you to cease displaying, distributing or otherwise using any or all of the localKicks.com RSS feeds for any reason. localKicks.com expressly disclaims all liability for any of your activities in connection with the RSS feeds or for your use of the RSS feeds in connection with your website.

Section 5. DISCLAIMER
THE MATERIALS IN THIS localKicks.COM SITE ARE PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY localKicks.COM SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY localKicks.COM SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY localKicks.COM SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Section 6. INDEMNIFICATION
You are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. You hereby indemnify, defend and hold us and our affiliates and our officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the Indemnified Parties) harmless from and against any and all liabilities and costs (including reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or claims arising from your account. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Section 7. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY localKicks.COM SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING ANY localKicks.COM SITE.

Section 8. Copyright Information
The localKicks network of web sites contains copyrighted articles, photos and other information that is subject to various limitations and "fair use" guidelines under law. The content on these sites is copyrighted under the United States copyright laws. No copying or other redistribution by any method will be permitted without the express written permission of localKicks.com.

Some localKicks web sites contain articles, photos and other information copyrighted by the site owner or publisher, and are used by permission on the localKicks network. These items are also copyrighted, and no copying or other redistribution is permitted without the express written permission of localKicks AND the site publisher. For more information on redistribution of our content, or for permission to use any site content, please email localKicks.com.

localKicks does allow "fair use" for quotations, references, etc., as well as limited use of some content, by permission. Fair use guidelines apply for quotations or other extracts from the sites on the localKicks network, and all references must be complete and accurate, and include " localKicks " and the site URL in the reference.

Section 9. Privacy Policy
Depending on what you do when you visit any Web site, you are providing information about your visit to the site's owners. This includes sites on the localKicks network. localKicks values privacy and thinks you do too, so we want you to have the information you need to make your own decisions about your personal privacy. When you visit or supply information to any Web site, we think it's a good idea for you to first understand what that site's privacy policies are. If the site doesn't tell you, don't hesitate to ask. The bottom line at localKicks is that we use the information that we get from your visit for internal tracking purposes, to make the localKicks network as useful and interesting to you as we can, and to respond to your requests for information or other services. Except as specifically noted below, we do not use your personal information for any other purpose, we never sell it to any third party, and we never share it with any third party. Here is more detail on how we handle information we learn from you when you visit localKicks.

Browsing: When you visit localKicks and move from page to page, read pages, or download content onto your computer, we learn which pages are visited, what is downloaded, the domains our visitors come from (e.g. 'aol.com,' or 'google.com') and the addresses of sites visited immediately before coming to our site. However, none of this is associated with you as an individual. It is measured only in aggregate. localKicks uses cookie technology as part of our login procedures for some content and our message forums. The information in the cookies lets us store your login information so you do not have to enter it many times during your session. These cookies do not capture your email address or other personal information, and cannot be read by any site other than localKicks. We also use standard web server log files, to help us count visitors and evaluate our site's technical capacity. We use this information to find out how many people visit localKicks, help us arrange the pages in the most user-friendly way, keep the site browser-friendly, and to make our pages more useful to our visitors. We record information on site traffic for advertising purposes, but not information on individual visitors to our site, so no information about you in particular will be kept or used.

Email: When you send us an email to comment on something or ask us a question, we learn your exact email address and the thoughts you share. We use your email address to thank you for your comment and/or reply to your question, and we will store your communication and our reply in case we correspond further. localKicks requires valid email addresses of our registered users and subscribers for three reasons. First, email is the best method for providing your initial login information for message forums and other areas. Your valid email address proves that you actually exist, and lets us get this information to you quickly. Second, we use your email address to notify you, if you request, of other changes to our services. Third, we allow you to opt-in to various email announcements on our network, for your favorite site or subscription plan, for the network as a whole, and for advertisers. Finally, we may utilize our subscriber and registered user email lists to notify our subscribers and users of various services offered by localKicks and its advertisers, as well as to publish various regular network promotions, team updates, and news updates.

Advertisers: localKicks utilizes banner ads and other advertisements that are purchased by various companies. We supply these companies with information on localKicks's traffic and other general demographic information on our readers, but we provide this information in aggregate, and DO NOT give them any of our subscriber or registration information unless you specifically opt in for those services. Again, any information you enter in a registration form or other information is protected by this privacy policy, and we WILL NOT give this information to anyone.

Third Party Advertising: We use various third-party advertising companies to serve ads when you visit our Web site. These companies may use information about your visits to this and other Web sites in order to provide advertisements on this site and other sites about goods and services that may be of interest to you. Such usage may include geographical targeting by IP address, as well as other methods.

Third Party Cookies: In the course of serving advertisements to this site, our third-party advertiser may place or recognize a unique "cookie" on your browser.

Linking To Other Sites: Please remember that when you use a link to go from localKicks to another web site, the localKicks Privacy Policy is no longer in effect. Your browsing and interaction on any other web site, including sites which have a link on localKicks, is subject to the rules and policies of that site. Please read over those rules and policies before proceeding. localKicks takes privacy matters very seriously, and intends to stay at the forefront of privacy policy and protection matters. If you have any questions, comments, criticisms, or complaints about localKicks's privacy policy or other policies and/or the way they affect you, please feel free to contact us.

Legal  In certain situations, localKicks may be asked to release your personal information to judges, police, law enforcement personnel, officers of a court, or other entities. By subscribing to our services, you agree that localKicks is in no way liable for any result of the release of this information at our discretion, and that localKicks has the right to disclose this information upon request to a third party, if, from a legal standpoint, localKicks feels that it is necessary or in localKicks's best interests to do so. See additional information on our process for the release of personal information. In addition, by using this site and/or registering on this site, you agree that, should there be any dispute regarding the above release of personal information, this agreement shall be governed pursuant to the laws of the State of Virginia and venue for such a dispute or any other dispute shall be in Alexandria County, Virginia (at the sole discretion of localKicks). If such a dispute is filed and localKicks is forced to defend its right to release personal information, you agree that localKicks, upon successfully defending this right, shall be entitled to obtain its costs of defense, including attorneys fees.

Section 10. RESTRICTIONS ON USE OF MATERIALS
All site-specific materials, trademarks, service marks, and trade names contained in any localKicks.com Site are the copyrighted property of that site, or its subsidiaries or affiliated companies and/or third party licensors. All other materials, trademarks, service marks, and trade names are proprietary to localKicks.com or its affiliates. No material from any localKicks.com Site or any Internet site owned, operated, licensed, or controlled by us or our affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials for your personal, non-commercial use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with any of our products, services, or brands, and (iv) you do not download quantities of materials to a database that can be used to avoid future downloads from any localKicks.com Site. For purposes of these terms, the use of any such material on any other Web site or computer environment is prohibited.

Section 11. TERMINATION
These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of all localKicks.com Sites and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under the terms of these terms or otherwise. Your access to any and all localKicks.com Sites may be terminated immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these terms.

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