Any use of this Site inconsistent with these Terms is deemed unauthorized access. We reserve the right to make changes to these Terms at any time, without notice to you, by posting changes on this Site. Check back from time to time to ensure you are aware of any updates or changes to these Terms.
Personal and Non-Commercial Use Limitation
Your use of this Site is limited to personal and non-commercial use. You may display and download onto a single personal computer and print in portions of the material from this Site solely for your own personal, non-commercial use. Otherwise, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit this Site or any content, products or services obtained from this Site.
By posting or distributing any video, comment, message, data, information, text, music, sound, photos, graphics, or other content (“Content”) to the Site, you (a) grant to Excl Kicks and its designees a nonexclusive, royalty-free, perpetual, transferable, irrevocable and sublicenseable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform, the Content throughout the world; (b) grant Excl Kicks and its affiliates and sublicensees the right to use the name that you submit in connection with such Content, if they choose; and (c) represent and warrant that (i) you own and control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the Site; (ii) the Content is accurate and not misleading; and (iii) use and posting or other transmission of such Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity. You grant us the right to pursue at law any person or entity that violates your or our rights in the Content by a breach of these Terms.
Content submitted by users is deemed non-confidential and we are under no obligation to treat such Content as proprietary information. Without limiting the foregoing, we reserve the right to use the Content as we deem appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. We are under no obligation to offer you any payment for Content or to attribute authorship of Content to you. If, nonetheless, it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby agree that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of, or upgrades or updates thereto; (b) you do not oppose to the publication, use, modification, deletion and exploitation of the Content by Excl Kicks or its agents; (c) you waive and will not claim or assert any entitlement to any moral rights of an author in any of the Content; and (d) you release Excl Kicks from any claims that you could otherwise assert against Excl Kicks by virtue of any moral rights.
Use of Chat Functionality and Other Interactive Areas
This Site may run promotions in which you or third parties may post video or audio content, messages, materials or other items on the Site (“Interactive Areas”). If Excl Kicks provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
a. Content that is sexually explicit, violent, derogatory, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, an invasion of another individual’s privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b. Content that promotes illegal drug use, tobacco or firearms use;
c. Content that constitutes, encourages or provides instructions for a criminal offense;
d. Content that uses the names or likenesses of persons living or dead without their permission or that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
e. Anyone else’s personal information (such as someone else’s name, address, phone number, email address, Social Security number, credit card number or other personally identifiable information);
f. Viruses, corrupted data or other harmful, disruptive or destructive files;
g. Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted;
h. Content that, in the sole judgment of Excl Kicks, is objectionable, or which may expose the Site or its users to any harm.
Excl Kicks takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Excl Kicks liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Excl Kicks is not liable for any statements, representations or Content provided by its users on this Site. Although Excl Kicks has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Excl Kicks reserves the right, and has sole discretion, to remove without notice any Content posted or stored on the Site for any reason, including a violation of these Terms. Any use of the Site, including the Interactive Areas, in violation of these Terms may result in termination or suspension of your permission to use the Site.