Sometimes Kicksology is referred to in these Terms of Use as "we" or "us." Sometimes we refer to you as "user." Kicksology, of course, reserves the right, in its sole and absolute discretion, to change, modify, update, and interpret these Terms of Use at any time and from time to time, and you agree to be bound by such changes, modifications, updates, and interpretations.

Ownership of Web Site, Copyrights, and Trademarks
This web site is owned and operated by Kicksology. All of the materials contained in this web site, including all information, text, software, pictures, images, sounds, video clips, audio clips, illustrations, and graphics (collectively the "Content") are either owned by Kicksology or they are licensed to it and are copyrighted. Kicksology and its licensors retain and reserve all proprietary rights in and to the Content.

You may make one copy, or download one copy to your own, single computer, for your own personal and non-commercial use, of any Content on this web site provided that you retain, and do not delete or change, any copyright, trademark or other proprietary notices contained in the original Content on such copies. All such copies must include, at a minimum, the following copyright notice: "Copyright © 2001 Kicksology.net, LLC. All rights reserved."

You may not, however, use on your own web site or on anyone else’s web site or in any networked computer environment, anything you copy or download from this web site, nor may you or anyone else use any Content in any other commercial or public manner or channel, or redistribute any portion of the Content, unless you have first received Kicksology’s prior written consent to do so in a letter signed by an authorized Kicksology official. You also may not alter, in any way, any of the Content you copy or download. If you violate any of these Terms, your authorization to use our web site terminates automatically, and you agree to immediately destroy any copies you have of any portion of the Content.

The various Kicksology names, marks, logos, products and services referenced on this web site are either trademarks or service marks, or registered trademarks or service marks, of Kicksology or its affiliates. Other product and company names referenced on this web site may be the trademarks or service marks of others. The unauthorized use of any trademark or service mark displayed on this web site or any other trademark or service mark of Kicksology or its affiliates is strictly prohibited. Any rights not expressly granted herein are reserved to Kicksology.

Submissions
Kicksology requests that users not transmit or post to our web site any original or creative materials or proprietary information, including any ideas, suggestions, designs, sketches, drawings, artwork, text, or otherwise ("Communications"). Although Kicksology welcomes input about our web site and our services, any Communications transmitted or posted to our web site such as reviews, suggestions or comments, will be deemed non-confidential and non-proprietary. You recognize and agree that any such Communications you do transmit or post to our web site shall be deemed to be, and shall remain, the property of Kicksology and Kicksology will be free to copy, disclose, distribute and otherwise use any such Communications. Without limiting the generality of the foregoing, Kicksology shall be the sole and exclusive owner of all now known or hereafter existing rights to the Communications throughout the world, and may use the Communications for any purpose, in any medium, whether commercial or otherwise, as Kicksology determines in its sole and absolute discretion, and without any obligation or compensation to the user or any other person or entity.

Submission Contents
Users shall not submit to this web site or to Kicksology any materials that, in any way, (1) are pornographic or obscene, (2) defame, libel, or slander, any person or entity, (3) invade the privacy or publicity rights of any person or entity, (4) infringe the intellectual property rights of any person or entity, including, without limitation, trademarks or copyrights, (5) disclose trade secrets of any person or entity, (6) promote or support illegal activity, (7) advertise or otherwise solicit funds, goods or services, or (8) otherwise harm or injure any person or entity.

Links
Certain links on this web site may lead to sites and resources that are not maintained by or under the control of Kicksology. Kicksology is not responsible for the contents of any such referenced or "linked" web sites or resources or for the availability of access to such sites. A link to another web site or a reference to a product or service by trade name, trademark, provider or otherwise does not necessarily constitute or imply an endorsement or recommendation by Kicksology.

Disclaimers
Products, programs and services described or mentioned on this web site are subject to availability. We do not and cannot assure you that everything on our web site is accurate. You use our web site at your own risk, and Kicksology assumes no liability for any errors, omissions, injury, harm or damage in connection with this web site or any of the Content. Without limiting the generality of the foregoing:

THE INFORMATION CONTAINED ON THIS WEB SITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER APPLICABLE LAW.

UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IT LIES IN TORT, CONTRACT, OR OTHERWISE, SHALL KICKSOLOGY, OR ANY OF ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANIES, SUPPLIERS, OR INDEPENDENT CONTRACTORS, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, OR ANYONE ELSE INVOLVED IN DEVELOPING OR DISTRIBUTING KICKSOLOGY’S WEB SITE, BE LIABLE FOR ANY ECONOMIC OR OTHER HARM OR INJURY RESULTING IN ANY WAY FROM THE USE OR INABILITY TO USE, KICKSOLOGY’S WEB SITE ANY WEB SITES LINKED TO THIS SITE OR THE MATERIALS OR INFORMATION CONTAINED ON ANY SUCH SITE, INCLUDING, WITHOUT LIMITATION, ANY ECONOMIC HARM, LOST PROFITS, DAMAGES TO BUSINESS, DATA OR COMPUTER SYSTEMS, OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM RELIANCE ON ANY CONTENT OR RESULTING FROM ANY INTERRUPTIONS, WORK STOPPAGES, COMPUTER FAILURES, COMMIUNICATION FAILURES, DELETION OF FILES, ERRORS, OMISSIONS, INACCURACIES, DEFECTS, VIRUSES, DELAYS, OR MISTAKES OF ANY KIND, EVEN IF YOU HAVE ADVISED KICKSOLOGY OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification
User agrees to indemnify and hold harmless Kicksology and its subsidiaries, affiliates, parent companies and licensors, and their respective officers, directors, shareholders, employees, successors and assigns, from and against any and all claims, demands, losses, damages, liabilities, costs or expenses, including reasonable attorneys’ fees, by reason of any breach by user of the restrictions in these Terms of Use or breach of user’s agreement under these Terms of Use.

General
This web site is controlled and administered by Kicksology from its headquarters within the State of Illinois, USA. Unless otherwise specified, the Content on this web site is presented solely for the purpose of entertainment and promoting services available in the United States, its territories and possessions. Kicksology makes no representation that access to this web site or the Content are appropriate or available for use in other locations. Access to this web site or the Content from any location where such access is illegal is prohibited. Users shall not download or otherwise export or re-export any Content except in full compliance with all U.S. and other applicable laws and regulations. The validity, construction and enforceability of these Terms of Use shall be governed in all respects by the domestic laws of the United States and the State of Illinois applicable to agreements made and to be performed entirely in the State of Illinois, without giving effect to any choice of law, or any principles of comity, or conflict of law provision, or rule (whether of the State of Illinois or any other jurisdiction) that would cause the application of the law of any jurisdiction other than the State of Illinois, even though a user may not be a resident of that State. You agree that any actual or threatened breach of this Terms of Use may be immediately restrained or enjoined by any court of competent jurisdiction, and that any temporary restraining order or emergency, preliminary, or final injunctions may be issued in any court of competent jurisdiction without notice and without bond. As used herein, the term "any court of competent jurisdiction" shall include the state and federal courts sitting in, or with jurisdiction over actions arising in, Cook County in the State of Illinois, the jurisdiction, venue, convenience, and appropriateness of which are hereby expressly CONSENTED TO by you, all objections thereto being expressly WAIVED by you.

If any particular portion of a provision of these Terms of Use shall ever be adjudicated as invalid or unenforceable, or if the application thereof to any party or circumstance shall be adjudicated to be prohibited by or invalid under applicable laws or public policies, such particular portion of the provision shall be deemed amended to delete therefrom such portion so adjudicated, such deletion to apply only with respect to the operation of such portion in the particular jurisdiction so adjudicating on the parties and under the circumstances as to which so adjudicated and only to the minimum extent so required, and the parties shall be deemed to have substituted for such portion so deleted words which give the maximum scope permitted under applicable law to such provision. These Terms of Use contain the entire understanding between you and Kicksology with respect to their subject matter, provided that if you are a customer, carrier, vendor or other contractor who has a separate written agreement with Kicksology covering any portion of the subject matter of these Terms, except as otherwise expressly provided, the terms of such written agreement shall control. Your use of this web site after Kicksology modifies or amends it in any way shall constitute acceptance of such modification or amendment by you.

Revised, May 2001.