Please read these Terms and Conditions (Terms and Conditions) carefully before using this website, any Kilogear content on social media sites (including without limit Facebook and Twitter) (together: the Site). These Terms and Conditions apply to all visits and use of the Site, as well as to the Content (as defined below), information, recommendations, products and/or services provided to you on or through the Site, social platforms, physical marketing products or Kilogear products. By accessing and using the Site, social accounts or using Kilogear products, you signify your consent to these Terms and Conditions in their entirety in addition to any other law or regulation that applies to all Kilogear messaging digitally, on the Internet, physically or through product use. If you do not agree to these Terms and Conditions in their entirety please leave the Site.
USE OF KILOGEAR:
By using www.Kilogear.com and the www.Kilogear.com you represent and warrant that you are more than 18 years of age or are visiting www.Kilogear.com with the permission and supervision of a parent or guardian.
Subject to these Terms and Conditions, KILOGEAR hereby grants you a limited, revocable, non-exclusive license to access and use the www.Kilogear.com website on your computer or mobile device. Except as permitted in this paragraph, you may not reproduce, modify, display or otherwise make commercial use of any content from the KILOGEAR website unless expressly permitted by KILOGEAR. KILOGEAR reserves the right to refuse service to any individual at its sole discretion and without limitation if it believes that a user’s conduct violates applicable laws or is otherwise harmful to www.Kilogear.com.
CONTENT ON THE SITE:
Welcome to www.Kilogear.com. KILOGEAR provides services to you on www.Kilogear.com and subject to the terms set forth herein. All content featured or displayed on the Site, including, but not limited to, logos, icons, trademarks, text, graphics, photographs, images, moving images, sound, illustrations and software (“Content”), including “Submissions” (see section defining Submissions) contained on our Sites is owned by Kilogear, LLC, its ambassador companies, its licensors and/or its content provider, as well as are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names and trade dress are proprietary to us and/or our licensors or licensees. We may change the Sites or delete Content or features at any time, in any way, for any or no reason. All elements of the Site including, but not limited to, the general design and the Content, can be protected by copyright, moral rights, database rights, trademark and other laws relating to intellectual property rights. No portion or element of the Site or its Content may be copied or retransmitted via any means. The Site, its Content and all related rights shall remain the exclusive property of Kilogear, LLC, its ambassador companies or its licensors unless otherwise expressly agreed. All such rights are reserved.
In the event that we offer downloads of software on a Site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.
When you use any of our services, you are subject to the policies, terms, and conditions applicable to that service. We reserve the right to change any of the information on www.KILOGEAR.com and these terms and conditions at any time. By accessing or otherwise using www.KILOGEAR.com or the www.KILOGEAR.com mobile application you are indicating your agreement to the Terms and Conditions contained herein. Please read them carefully.
There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. “Solicited Submissions” means those Submissions (a) that we expressly request or enable you to provide to us via any feature or activity on a Site for our review or display and possible specifically-defined consideration or compensation (collectively, “Consideration”) (such as prizes or other value in games, sweepstakes, contests and promotions); and (b) that you Distribute on or through any Site for which you do not seek Consideration (such as in our Forums (as defined below in Section 6, entitled “FORUMS AND COMMUNICATION”)). “Unsolicited Submissions” are any and all Submissions that do not fall within subparagraphs (a) or (b) of this paragraph.
Our long-standing company policy does not allow us to accept or consider Unsolicited Submissions so please do not Distribute Unsolicited Submissions on or through any Sites. We want to avoid the possibility of future misunderstandings when projects developed by us or under our direction might seem to others to be similar to their own creative work. We therefore ask that you not Distribute any Unsolicited Submission. In any event, you agree that any Submissions you make is not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type (other than any stated Consideration).
LICENSES AND REPRESENTATIONS:
You hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify (including removing lyrics and music from any Submission or substituting the lyrics and music in any Submission with music and lyrics selected by us), create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including on our Sites and third party web sites) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the “Submissions License”).
To the extent that any Submissions you Distribute on or through the Sites contain original songs or recordings, you hereby represent that you are a member of ASCAP, BMI, SESAC or any other applicable performing rights society and that all musical compositions (including lyrics) and sound recordings contained in such Submissions are available for licensing to us (and our licensees, distributors, agents, representatives and other authorized users) directly from such societies. Notwithstanding the foregoing, regardless of whether you are a member of any performing rights society, you grant the Submissions License with respect to each and every musical composition (including lyrics) and sound recordings contained in such Submissions.
To the extent that we solicit Submissions through features or activities on or through Sites (including games, sweepstakes, contests, promotions and Public Forums (defined below in Section labeled “PUBLIC FORUMS AND COMMUNICATION”)) that require the use of our copyrighted works (in whole or in part), we hereby grant you a non-exclusive license to create a derivative work using our copyrighted works (in whole or in part) as required (but only as required, and only for the purpose of creating your Submissions); provided however, that such license shall be conditioned upon your assignment of all rights in the work you create to us. If such rights are not assigned to us, your license to create derivative works using our copyrighted works (in whole or in part) shall be null and void.
Some services on the Sites permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the “Registration Data”). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify us at webmaster@goKilogear.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any Site.
PUBLIC FORUMS AND COMMUNICATION:
“Forum” means an area, site or feature offered as part of any Site that offers the opportunity for users to Distribute Submissions for viewing by one or more Site users, including a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, e-mail function (including electronic greeting cards and send-a-friend e-mails).
You acknowledge that Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
You are and shall remain solely responsible for the Submissions you Distribute on or through any Site under your username or otherwise by you in any Forum and for the consequences of submitting and posting same. We have no duty to monitor any Forum.
Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Forum and we specifically disclaim any and all liability in connection therewith.
We owe you no obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you Distribute.
RULES OF CONDUCT:
The following Rules of Conduct apply to the Sites. By using the Sites, you agree that you will not Distribute any Submission that: (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity; (e) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, suicide, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity; (f) infringes or violates any right of a third party including: (1) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (2) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (3) any confidentiality obligation; (g) is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations); (h) contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Sites or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Sites; (i) does not generally pertain to the designated topic or theme of the relevant Forum to which it is submitted; (j) violates any specific restrictions applicable to a Forum, including its age restrictions and procedures; or (k) is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.
COOPERATION; REMOVAL OF SUBMISSIONS:
CONTENT ACCESSIBLE VIA LINKS FROM SITES AND SEARCH RESULTS:
Nor can we be held responsible for the accuracy, relevance, legality or decency of material contained on sites retrieved in searches and/or listed in search results or identified on search results pages.
COPYRIGHT & TRADEMARKS:
The copyright in all Content is owned by Kilogear, its ambassador companies or its licensors as appropriate. Except as may be otherwise indicated in specific documents within the Site, you are authorised to view, play, print and download Content found on the Site for personal, informational, and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. You may not re-use any Content without first obtaining the consent of Kilogear. For purposes of these terms, the use of any such Content on any other website or networked computer environment is prohibited. You may not remove any copyright, trademark or other proprietary notices from Content found on the Site.
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to our Designated Agent.
Notification must be submitted to the following Designated Agent: 2030 N. Sedgwick, Unit E, Chicago, IL, USA, email@example.com
Not all testimonials contained in or made available through the Sites have been prepared by us (including, but not limited to, information contained on message boards, in forums, text files, chats, etc.). As a result, we have not checked to determine whether or not a specific endorser’s experience is what an average or typical consumer may expect to achieve. Not all consumers may achieve the same results.
MISUSE OF THE SITE:
You are prohibited from using the Site to post or transmit any User Generated Content (as defined below) which infringes or may infringe third party intellectual property rights or which is threatening, false, misleading, inflammatory, defamatory, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or which could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. Kilogear may deny you access to the Site at any time in its sole discretion and which shall include situations where Reebok believes that your use of the Site is in breach of any of these Terms and Conditions and/or applicable laws. You are also prohibited from using the Site to advertise or perform any commercial solicitation.
Please note that some jurisdictions may not allow the exclusion of certain damages under mandatory law, so some of the above exclusions and limitations may not apply to you.
USER REVIEWS, PHOTOS & COMMENTS:
Any information you share in public areas, such as message boards or feedback sections, becomes public. Our Policy does not apply to any information you choose to make public. Please be careful about what you disclose and do not post any personal information that you expect to keep private. If you post information about yourself or others, or communicate with others using our Website, please note that we cannot control who reads your postings or what they do with the information you provide. We encourage you to use caution in posting personal information to the Website.
Anything posted or otherwise submitted to KILOGEAR whether on the KILOGEAR.com website, through a mobile application, blog or via any form of social media (including by submitting an image to your social media using #goKILOGEAR, #KILOGEAR, #KILOGEARme, #KILOGEARmini or other KILOGEAR branded hashtag), will be treated as public and nonproprietary. By submitting photographs, comments or other materials to KILOGEAR, you grant KILOGEAR a royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, publish and modify such submissions. All such submissions shall automatically become KILOGEAR’s sole and exclusive property. In addition, when you post photographs, reviews or comments to KILOGEAR or on any of KILOGEAR’s social media networks, you also grant us the right to use the name that you submit, if any, in connection with that submission. You further represent and warrant that you own or otherwise control all rights to any content submitted to KILOGEAR.
LEGAL USE AND WEAR OF KILOGEAR
The use of any Kilogear equipment in a manner other than its intended use is not recommended and may result in serious injury.
Kilogear, Inc. assumes no liability or responsibility for using and wearing Kilogear products. Kilogear will not be liable for any direct, special, incidental, indirect, or consequential damages that result from the use of or the inability to use, any content on our website, social sites or the performance of Kilogear products purchased through the website or through other users of the website, partners or other businesses. You assume total responsibility for your use of the website, social sites, linked sites and or the sole use of Kilogear products. If Kilogear is found to be liable to you for any damage or loss, which arises out of or is in any way connected with your use of the website, or any content, you agree that Kilogear’s liability shall in no event exceed $500. If applicable law may not allow the $500 limitation or the exclusion of liability or incidental or consequential damages, the above limitation or exclusion may not apply.
Consult your physician, therapists and trainers before using your weighted gear.
Warning use of this equipment by persons with heart or other medical problems may cause serious personal injury.
Immediately cease exercise if you feel dizzy, faint, or short of breath.
CALIFORNIA PROPOSITION 65 WARNING
Products may contain chemicals known to the State of California to cause cancer and/or birth defects or other reproductive harm. (For questions about Prop 65: http://oehha.ca.gov/prop65/p65faq.html.) Contact Kilogear, Inc: firstname.lastname@example.org