Terms of Service
Please read these Terms of Service ("Terms") carefully before utilizing the services provided by Wind Kicks via windkicks.com (the "Website"). This document constitutes a legally binding agreement between you ("User" or "you") and Wind Kicks ("Company," "we," "us," or "our").
By accessing or using the Website, you hereby confirm your unequivocal acceptance of and agreement to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. Should you dissent from any provision contained within these Terms, you are expressly prohibited from accessing or using the Website.
1. Acceptance of Terms
1.1. Your access to and use of the Website is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Website.
1.2. By continuing to use the Website subsequent to any modifications to these Terms, you implicitly signify your acceptance of the revised Terms.
2. Services Provided
2.1. Wind Kicks offers through its Website information, resources, and potentially products or services pertaining to footwear and related accessories. The specific functionalities and content of the Website may be altered, suspended, or discontinued at the sole discretion of Wind Kicks, without prior notice.
3. User Accounts
3.1. Should the Website necessitate or permit the creation of a user account, you covenant to provide accurate, current, and complete information during the registration process and to maintain the accuracy of such information.
3.2. You are solely responsible for safeguarding the confidentiality of your account password and for any activities or actions conducted under your account. You agree to notify Wind Kicks immediately upon becoming aware of any unauthorized use of your account or any other breach of security.
3.3. Wind Kicks reserves the right to suspend or terminate your account and refuse any and all current or future use of the Website, at its sole discretion, for any reason, including, without limitation, if you provide information that is untrue, inaccurate, not current, or incomplete.
4. Acceptable Use
4.1. You agree to utilize the Website exclusively for lawful purposes and in a manner that does not infringe upon the rights of, or restrict or inhibit the use and enjoyment of the Website by, any third party.
4.2. Prohibited activities include, but are not limited to: a. Engaging in any conduct that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable. b. Transmitting or posting any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. c. Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity. d. Uploading, posting, or otherwise transmitting 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. e. Attempting to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Wind Kicks server.
5. Intellectual Property Rights
5.1. All content displayed on the Website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the exclusive property of Wind Kicks or its content suppliers and is protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
5.2. The Wind Kicks name, the Wind Kicks logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Wind Kicks or its affiliates or licensors. You must not use such marks without the prior written permission of Wind Kicks.
5.3. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal, non-commercial purposes only, strictly in accordance with these Terms.
6. Disclaimers
6.1. THE WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY WIND KICKS ON AN "AS IS" AND "AS AVAILABLE" BASIS. WIND KICKS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE.
6.2. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WIND KICKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WIND KICKS DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM WIND KICKS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
7. Limitation of Liability
7.1. IN NO EVENT SHALL WIND KICKS, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE; (III) ANY CONTENT OBTAINED FROM THE WEBSITE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
7.2. THE AGGREGATE LIABILITY OF WIND KICKS TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE ANY PORTION OF THE WEBSITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE AMOUNT YOU PAID TO WIND KICKS TO USE THE APPLICABLE SERVICE OR $100, WHICHEVER IS GREATER.
8. Indemnification
8.1. You agree to defend, indemnify, and hold harmless Wind Kicks, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, any use of the Website's content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Website.
9. Modifications to Terms
9.1. Wind Kicks reserves the right, at its sole discretion, to modify or replace these Terms at any time. Should a revision be material, we will endeavor to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
9.2. By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please cease using the Website.
10. Governing Law and Jurisdiction
10.1. These Terms shall be governed and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
10.2. Any legal action or proceeding arising out of or relating to these Terms or the Website shall be instituted exclusively in the federal or state courts located in Delaware, and you hereby submit to the personal jurisdiction of such courts.
11. Contact Information
11.1. Should you have any inquiries regarding these Terms, please contact us at: [email protected].