Effective September 7, 2023.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE AS THEY AFFECT YOUR LEGAL RIGHTS. THESE TERMS CONTAIN A CLASS ACTION WAIVER AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.
The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country/region where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country/region. You access the Website at your own risk. You are solely responsible for your compliance with local laws, if and to the extent local laws are applicable.
All users who are minors in the jurisdiction in which they reside are not permitted to use the Website.
- INTELLECTUAL PROPERTY RIGHTS
- Prohibited Uses. Company Content and the Marks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion, and may not be copied, imitated, or used, in whole or in part. You may not download, copy, reproduce, distribute, transmit, broadcast, display, perform, reproduce, publish, sell, license, create derivative works from, or otherwise exploit any Company Content, the Marks, software, products or service contained on the Website without the prior written consent of us or the respective owners or licensors. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein. You agree to use the Marks and any intellectual property on the Website only for your personal, non-commercial use. The modification, reproduction, transmission, distribution, dissemination, selling, publication, broadcasting or circulation this material is strictly prohibited. We reserve all rights not expressly granted in and to Website, Products, Company Content, and the Marks.
- Your license to us. We may invite you to submit Product reviews, chat or participate in blogs, online forums and other interactions with the Website and other users, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Company and/or to or via the Website, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively “Contributions”). Any Contributions you transmit to Company will be treated as non-confidential and non-proprietary and may be freely shared with third-parties.
By posting Contributions to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to Company an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Contributions (including, without limitation, your name, image and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. Such use and distribution license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, personal and commercial images you provide. Company does not assert any ownership over your Contributions; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. Company has the right, in our sole and absolute discretion, to (i) remove, edit, redact or otherwise change any Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations, or (iii) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of this Agreement.
- MOBILE SERVICES
Please be aware that if you access the Website via your mobile phone or provide a mobile phone number to us in order to be contacted by voice or text message, your carrier’s normal rates and fees, such as text messaging fees or data charges, will apply.
- THIRD PARTY CONTENT AND THIRD PARTY SITES
4.1 No Representations Or Warranties Regarding Third Parties. We may interact with you on third party websites where we post content or invite your feedback, such as Facebook, Instagram, Twitter and YouTube (“Third Party Sites”). Company does not control those Third Party Sites. References on our Website to Third Party Sites, marks, names, products, or services, or link to Third Party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products or services.
Company does not monitor, approve or control any Third Party information that it links to (“Third Party Content”) or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between Company and such third party.
4.2 Company reserves the right, at any time and for any reason not prohibited by law, to deny permission to anyone linking to the Website.
- YOUR REPRESENTATIONS AND WARRANTIES TO US
5.1 By using the Website, you represent and warrant that:
- All information you submit is truthful and accurate;
- You will maintain the accuracy of account information that you provide to Us;
- You will keep your password confidential and will be responsible for all use of your password and account;
- You are not a minor in the jurisdiction in which you reside; and
- Your use of the Website does not violate any applicable law or regulation.
When you create or make available a Contribution, you represent and warrant that:
- The creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;
- You are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize Company and users of the Website to use your Contributions as necessary to exercise the licenses granted by you under this Agreement;
- You have the written consent, release, and/or permission of each and every identifiable individual person in the Contribution to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Contribution in the manner contemplated by this Website;
- Your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable (as determined by Company), libelous or slanderous, does not ridicule, mock, disparage, intimidate or abuse anyone, does not advocate the violent overthrow of any government, does not incite, encourage or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
- Your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors;
- Your Contribution does not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
- Your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation; and
- You have not used a false e-mail address, pretended to be someone other than yourself, or otherwise misled Company or third parties as to the origin of any Contribution.
- We reserve the right, but undertake no obligation, to remove or reclaim or change a username you select if we determine in our discretion that it is inappropriate, such as when the username is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a user’s actual name.
- PROHIBITED ACTIVITIES
You may not access or use the Website for any purpose other than that for which Company makes it available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company. Prohibited activity includes, but is not limited to:
- Attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;
- Attempting to impersonate another user or person or using the username of another user;
- Criminal or tortious activity;
- Deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website;
- Deleting the copyright or other proprietary rights notice from any Website content, Company Content, the Marks, or the Products;
- Using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses the Website, or using or launching any unauthorized script or other software on the Website;
- Harassing, annoying, intimidating or threatening any Company employees or agents;
- Interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;
- Making any unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
- Selling or otherwise transferring your user profile;
- Systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company;
- Tricking, defrauding or misleading Company and/or other users, especially in any attempt to learn sensitive account information such as passwords;
- Using any information obtained from the Website in order to harass, abuse, or harm another person;
- Using the Website or data or other content from the Website as part of any effort to compete with Company or to provide services; and/or
- INTELLECTUAL PROPERTY NOTICES
If you believe that your work or content has been copied and posted to the Website in a way that constitutes copyright infringement, please provide Company’s Designated Copyright Agent with the following information in accordance with the Digital Millennium Copyright Act (the “DMCA”), 17 U.S.C. § 512(c)(3).
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Website;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- Your name, address, telephone number and email address (if available); and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
A copy of your notification will be sent to the person who posted the material addressed in the notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a DMCA notification. Accordingly, if you are not sure that the content at issue infringes your copyright, you should consider first consulting an attorney.
Notifications should be sent to our Designated Copyright Agent as follows:
Designated Copyright Agent
Kendo Holdings, Inc.
425 Market Street, 19th Floor
San Francisco, CA 94105
Phone: (415) 284-6000
- RESERVATION OF RIGHTS
Company reserves the right, at any time, without notice and in its sole discretion, but undertakes no obligation, to terminate your license to use the Website and to block or prevent your future access to and use of the Website.
We further reserve the right in our sole discretion, but undertake no obligation, to:
- Refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s Contribution or any portion thereof that may violate this Agreement or any Company policy;
- Remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to Company’s systems;
- Limit the volume of Products available for purchase;
- Manage the Website in a manner designed to protect the rights and property of Company and others and to facilitate the proper functioning of the Website; and
Company reserves the right, but undertakes no obligation, to take any of the actions listed above with no notice and liability to you.
- DISPUTE RESOLUTION
If a dispute should arise between you and Company, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction by using our customer service, reachable by calling 415-284-6000 or by sending an email to LEGALDEPARTMENT@KENDOBRANDS.COM.
If your dispute cannot be resolved using our customer service team, then these Terms describe how we shall proceed with the resolution of the dispute.
- FORUM SELECTION; STATUTE OF LIMITATIONS
- CLASS ACTION WAIVER
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND WE AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION, COLLECTIVE ACTION OR CLASS ARBITRATION, OR AS A PRIVATE ATTORNEY GENERAL.
- DISCLAIMER OF WARRANTIES
- DISCLAIMER OF LIABILITY
- ENGLISH LANGUAGE
It is the express wish of the parties that this Agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
If any provision of these Terms of Service is deemed to be invalid or unenforceable, the remaining provisions of these Terms shall be valid and binding and of like effect as though such provision were not included.
- NOTICE TO NEW JERSEY USERS.
- NOTICE TO CALIFORNIA USERS.
Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Website or the Products, please send an email to LEGALDEPARTMENT@KENDOBRANDS.COM. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at +1 (916) 445-1254 or +1 (800) 952-5210.
- CONTACT INFORMATION AND CONSENT TO COMMUNICATIONS.