- SALES TRANSACTION TERMS: All sales transacted through the FizzKicks.com website are final. In the event that FizzKicks.com decides that a refund may be available in their sole discretion, the form of such refund is also within the sole discretion of FizzKicks.com.
- NAME AND LIKENESS USAGE TERMS: By registering for and maintaining an Band/ Artist member Account or Fan Membership account you grant to FizzKicks.com a non-exclusive license to use and to permit others to use throughout the universe the professional name of Artist, likenesses posted on the Artist/Band Page, other identifications posted on the Artist/Band Page concerning Artist/Band Page and Fan Page solely in connection with the advertising and promotion of FizzKicks.com
- CONDUCT TERMS: You acknowledge and agree that all information, text, music, sound, photographs, pictures, graphics, video, comment posts, files, or other materials (Content), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. The Fan Member or Artist/Band Member Account is responsible for all content that it uploads, posts, emails or otherwise transmits through FizzKicks.com services. You agree that members can leave posts on your site, and it is up to you to delete posts, or block another member from leaving posts on your site. YOU MUST CHECK YOUR SITE FEQUENTLY TO MAKE SURE POSTS YOU DO NOT WANT ON YOUR SITE ARE DELETED, BLOCKED OR PERMANENTLY REMOVED. FizzKicks.com, shall not be responsible for any Content that it uploads, posts, emails or otherwise transmits through the Services by a Member account user on FizzKicks.com. Member conduct applies to all members on FizzKicks.com and is governed by this Agreement. You acknowledge and agree that FizzKicks.com and its designees shall have the right without obligation, in their sole discretion, to refuse to publish, remove, or block access to any Content that is available through the Products and Services at any time, for any reason, or for no reason at all, with or without notice. Without limitation, FizzKicks.com and its designees shall have the right (without the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that violates the Terms of this Agreement or is otherwise objectionable as determined by FizzKicks.com, in its sole discretion. Illegal and/or unauthorized uses of the FizzKicks.com, including, without limitation, collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to FizzKicks.com will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
- CONTENT LICENSE: By posting Content on FizzKicks.com (including, without limitation, comment posts, master recordings, artwork, photographs, video, bio, truth about us, about me and show dates) you warrant and represent that you own the Content posted by you or otherwise have the right to grant the license set forth in this section, and that such Content does not violate the privacy rights, publicity rights, copyright rights or other intellectual property rights of any third party. FizzKicks.com is not responsible to pay any royalties and fees owing to any person by reason of any Content you post on FizzKicks.com. With respect to any Content posted by or in connection with the Products and Services, you hereby grant FizzKicks.com a world-wide, royalty free, irrevocable, perpetual license, alone or together or as part of other information, Content and/or material of any kind or nature, to use, copy, modify, publish, edit, translate, transmit, publicly display, publicly perform, and otherwise exploit such Content (specifically including through streaming, pod-casting, online/broadcast and satellite radio, prepaid music cards and play lists to publish and promote such Content in connection with the particular Products and Services (including, without limitation, for advertising and promotional purposes), to publish and promote such Content elsewhere within FizzKicks.com through links to FizzKicks.com, and to sublicense such rights through multiple tiers of sublicenses, all without any obligation to you, whether by way of compensation, attribution or otherwise. Such license shall apply with respect to any form, media, or web technology or web technology services now known or hereafter developed.
- Downloading and Use of Site Contents: The Contents of our Site, and the Site as a whole, are intended strictly for the purpose of providing information about bands, musicians other materials relating to the fans comments on bands to the users of our Site (collectively, "members"). You may download Music Contents displayed on the Site solely for such users that have received a music download card from a band/artist member or if you have purchased a song online from the band, and provided that you do not remove any copyright or other proprietary notices contained on the materials. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as provided above), modify, publish, distribute, sell, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. Use of the Content or any related software which is not expressly permitted by these Terms and Conditions constitutes a breach of these Terms and Conditions, and may also constitute a violation of copyright, trademark, and other law.
- Prohibited Posting Content Terms: Do not post yours or anyones telephone numbers, street addresses, last names, emails, social security number or any other private information. Please think twice before you post information on your site or anyones site. Do not post any pictures, videos that contain nudity, or obscene, lewd, excessively violent, harassing, or sexually explicit subject matter. Some profile pages such as member websites on FizzKicks.com may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and FizzKicks.com assumes no responsibility or liability for this material. You agree to be responsible for, and to release, indemnify and hold FizzKicks.com, and its officers, directors, employees, agents, licensors, and suppliers, harmless from any prohibited posting appearing on FizzKicks.com ABSOLUTELY NO SPAMMING OR MISS USE OF INSTANT POSTING FEATURE. IF THIS OCCURS YOUR ACCOUNT WILL BE REMOVED FOREVER ON FIZZKICKS.COM WITH OUT NOTICE. WE TAKE THIS VERY SERIOUSLY.
- POSTING COMMENTS Terms: Fizzkicks.com may delete any Content that in the sole judgment of Fizzkicks.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. FizzKicks.com assumes no responsibility for monitoring the Services for inappropriate Content or conduct. FizzKicks.com assumes no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You are solely responsible for the Content that you post, deleting comments, blocking comments, and any material or information that you post to other Members sites on FizzKicks.com. FizzKicks.com does not endorse and has no control over the Content. Content is not reviewed by FizzKicks.com prior to posting and does not reflect the opinions or policies of FizzKicks.com. FizzKicks.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you send to other Members. NETWORKING ON FIZZKICKS.COM IS AN OPEN FORUM. BE RESPONSIBLE, ETHICAL AND RESPECTFUL OF OTHERS. ANY MISUSE OF SITE WILL RESULT IN VIOLATION OF TERMS OF AGREEMENT. You are solely responsible for the Content that you post on or through any of the Services, and any material or information that you transmit to other Members and for your interactions with other Users. FizzKicks.com does not endorse and has no control over the Content. FizzKicks.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
- PROHIBITED USE OF FIZZKICKS.COM: There shall be no criminal or harassing activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets, and spamming. FizzKicks.com will take legal action against anyone who, in FizzKicks.com's sole discretion, violates this provision, including without limitation, reporting you to the law enforcement authorities. There shall be no spamming or misuse of instant comment posting through your admin control panel. FizzKicks.com reserves the right to restrict the number of emails which a Member may send through the email deliver system of FizzKicks.com as FizzKicks.com deems appropriate in its sole discretion. There is to be no spamming by artist/band members sending out emusic cards. If you breach this Agreement and send unsolicited bulk email or emusic cards, or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused harm to FizzKicks.coms operation and services. For such harm, you agree to pay FizzKicks.com $85 for each such unsolicited email or other unsolicited communication you send through the Fizzkicks.com content delivery system. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Any copyright infringement by you deemed illegal. Fizzkicks.com assumes no responsibility or liability for copyright infringement on your part or executed by you. You agree to be responsible for, and to release, indemnify and hold FizzKicks.com, and its officers, directors, employees, agents, licensors, and suppliers, harmless from any copyright infringement posting appearing on FizzKicks.com.
- Purchasing By Credit Card. In order to confidently verify your credit-card purchase, we have to ask you to present your details in a very specific way. We are committed to ensuring the security and privacy of information supplied by our customers through secure transactions. The site uses a secure server that encrypts all your credit-card information to ensure that no one else can view the details. The security of the connection will be confirmed by the presence of the padlock icon in the lower right hand corner of your browser. Visitors to our website can register to purchase subscription services and good located in our Stuff That Rocks section. When you register, we will request some personal information such as name, address, email, telephone number, address, shipping address, billing address and other relevant information. If you are purchasing a service, we will request your credit card information. Any financial information we collect is used only to bill you for the services you purchased. If you purchase by credit card, this information will be verfied to your credit card provider for approval process of transaction. For other types of registrations, we will ask for the relevant information. You may also be asked to disclose personal information to us so that we can provide assistance and information to you. For example, such data may be warranted in order to provide online technical support and troubleshooting.
- Security. The security of your personal information is important to us. When you enter sensitive information such as a credit card number on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. Member accounts are secured by members creating their own passwords. We take measures to insure that member account information is kept private. We use reasonable means and measures to protect member information that is stored within our database, and we restrict access to member information to those employees that need access information to perform their job functions, such as our customer service and technical support employees. Although FizzKicks.com does it very best to secure information, we cannot guarantee the security of member account information. Unauthorized entry or use, hardware or software failure, viruses, hackers, network failure, damage to servers, and other factors may compromise the security of member information at any time.
- Participating Merchant Policies: Related services and offerings with links from this website, including vendor sites, advertisers, and affiliate sites have their own privacy statements that can be viewed by clicking on the corresponding links within each respective website. Online merchants and others who participate in FizzKicks.com services are encouraged to participate in industry privacy initiatives and to take a responsible attitude towards consumer privacy. However, since we do not have direct control over the policies or practices of participating merchants and other third parties, we are not responsible for the privacy practices or contents of those sites. We recommend and encourage that you always review the privacy policies of merchants and other third parties before you provide any personal information or complete any transaction with such parties.
- Information We Collect and How We Use It: FizzKicks.com collects certain information from and about its users three ways: directly from our Web Server logs, the user, and with Cookies. When you visit our Website, we may track information to administer the site and analyze its usage. Fizzkicks.com use analytic and reporting technologies to record Non-Personal Information such as Internet domain and host names, Internet protocol (IP) addresses, browser software and operating system types, click stream patterns, and the dates and times that band and fan website profile pages and the FizzKicks.com Services are accessed. Information we may track include:
- Your Internet protocol address.
- The kind of browser or computer you use.
- Number of links you click within the site.
- State or country from which you accessed the site.
- Date and time of your visit.
- Name of your Internet service provider.
- Web page you linked to our site from.
- Pages you viewed on the site.
- Personal Information: We use Personal Information primarily for our own internal purposes, such as providing, maintaining, evaluating, and improving the FizzKicks.com Services and the Web Site, fulfilling requests for information, servicing and shipping the products that you order, and providing customer support. For example, if you create a Member Account, we will use the information that you provide to communicate with you about your account status, changes, updates and any other notifications. Similarly, if you sign up to receive a FizzKicks.com newsletter, we will use the email address you provide to send you the newsletters.
- Non-Personal Information: We use non-personal information to track your use of your profile website and FizzKicks.com Services and for other internal purposes, particularly providing, maintaining, evaluating, and improving the FizzKicks.com overall.
- Disclosing Information to Third Parties Successors: We may disclose your Personal Information to any successor-in-interest of ours, such as a company that acquires us. In the event FizzKicks.com goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information will likely be among the assets transferred. You will be notified via email or by a notice on our Web Site of any such change in ownership or control of your personal information.
- Disclosing to Unaffiliated Third Parties: We may disclose your Personal Information to prevent an emergency, to protect or enforce our rights, to protect or enforce the rights of a third party, or as required or permitted by law (including, without limitation, to comply with a subpoena or court order).
- Disclosure Policy of Bands: If you purchase a song from a band, FizzKicks.com may provide your name, and email to that band transmitted through the bands personal profile website located on Fizzkicks.com. In the General Terms Agreement, FizzKicks.com contractually obligates each Band Member Accounts not to use or disclose this information for any purposes other than internal record keeping, track downloads, and for marketing their shows, and songs, only if you have opted in to receive marketing material directly from the Band or have received a prepaid music card. We cannot guarantee all Bands Account Members on FizzKicks.com will comply with this obligation. If Artist/Band members do not comply there will be in violation of The Agreement of Terms governing their subscription membership.
- Disclosure of Non-Personal Information: FizzKicks.com will disclose Non-Personal Information, in aggregate form, to potential strategic partners, advertisers, investors, customers, and others. You may not "opt out" of the sharing of this information. However, it cannot be easily used to identify you personally.
- Protecting Personal Information: Whenever FizzKicks.com obtain your Personal Information, we use commercially reasonable efforts to protect it from unauthorized access or disclosure. However, we are not insurers of the security of your Personal Information. Accordingly, we assume no liability for any disclosure of data due to errors in transmission, unauthorized third party access or other acts of third parties, or acts or omissions beyond our reasonable control.
- Web Site Content: The content that you store, post, or transmit on or through FizzKicks.com, such as comment postings, "About Me" pages, and personal images, video files, and/or music will be accessed by other users, including people that you do not know. FizzKicks.com is not responsible for the actions of others. Therefore, you should use care in communicating and posting information to other users and never disclose your Personal Information to other users on your pubic fan or band page. Please read carefully, User Comments and Posts in this Terms of Agreement document.
- Changing Your Personal Information: You may update or deactivate your Personal Information and/or your account through your account admin control management screen. Access your admin control panel by entering your username and password. If you forgot your username and password, Fizzkicks.com will automatically retrieve it with your email address on file in your account information.
- Children's Privacy: Children must be at least Thirteen (13) years old to become a member of Fizzkicks.com. FizzKicks.com is not intended for users under the age 13. We will delete any information in our database that we know originates from a child under the age of 13. Fizzkicks.com is not obligated to monitor site for underage viewers, visitors or members. By using our site, you are responsible for, and to release, indemnify and hold FizzKicks.com, and its officers, directors, employees, agents, licensors, and suppliers, harmless from any false birth dates entered into from any sign-up form on Fizzkicks.com.
- Using Fizzkicks.com Between The Age of Thirteen to Seventeen: FizzKick.com visitors and members between the ages of 13 and 17 can only use the FizzKicks.com services under their parents' or legal guardian's supervision. If you are between the ages of 13 and 17, you, your parent, or your legal guardian may request that we delete any of your profile page, band page and comments in our database and/or opt-out from receiving communications from us. If you wish to do so, please contact us at email@example.com.
- DISCLAIMER OF WARRANTIES
FIZZKICKS.COM SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE CONTENT ON THE SITE OR INFORMATION FROM THE SITE. Further, we specifically make no representation or warranty and assume no liability or responsibility with respect to you or to any other users of the Site, including but not limited to (i) the offering or availability of any postings made by you or any other users of the Site, including but not limited to whether any events will occur or whether members contacted through the Site will show at any such events; (ii) the ability of you or any other user of the Site to engage in transactions with any other user of the Site; (iii) any details relating to any transactions you may engage in with any other use of the Site; (iv) the quality of the listings or other information offered by you or any user of the Site; (v) the financial condition of you or any user of the Site; or (vi) compliance with local, state and federal laws by you or any other user of the Site.YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND AGREE TO VERIFY ANY INFORMATION BEFORE RELYING UPON IT. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE. IT IS STRONGLY ADVISED, YOU SHOULD CONDUCT YOUR OWN INDEPENDENT INVESTIGATION OF THE USERS OF THIS SITE BEFORE ENTERING INTO ANY TRANSACTION WITH SUCH PERSONS. IN NO EVENT SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE BE LIABLE FOR ANY FINANCIAL OR OTHER OBLIGATIONS THAT MAY ARISE BETWEEN YOU AND ANY OTHER USER OF THE SITE.
- IN RELATION TO DISCLAIMER OF WARRANTIES YOU AGREE:
Fizzkicks.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Services provided, whether caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Services or Acts Of Natural Disastrous Events. Website pages or member profiles created and posted by Members on FizzKicks.com may contain links to other websites and Fizzkicks.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by FizzKicks.com. Fizzkicks.com does not imply approval or endorse any third party links on its website. Accessing third-party sites, is done at your own risk. Fizkicks.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Fizzkicks is not responsible for any problems or technical malfunction of any type of office equipment, data lines, wireless communications, phone communications, server systems, carrier networks, software, failure of any email, traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall Fizzkicks.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at a Fizzkicks.com event, from any Content posted on or through the Services, or from the conduct of any Users of the Services, whether online or offline. The Services are provided "AS-IS" and as available and Fizzkicks.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Fizzkicks.com cannot guarantee and does not promise any specific results from use of the Services.You acknowledge that comments posted to and Content available at the Site may contain computer viruses. Should you download any such materials from the Site, IT IS YOUR RESPONSIBILITY TO PERFORM ANY SCANNING OR OTHER ANTI-VIRUS PRECAUTIONS AS YOU DEEM NECESSARY. UNDER NO CIRCUMSTANCES WILL FIZZKICKS.COM BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY MATERIALS DOWNLOADED FROM THE SITE.
- DISCLAIMER STATEMENT
THE PRODUCTS AND SERVICES ARE PROVIDED AS IS, WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, FIZZKICKS.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, FIZZKICKS.COM DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. FIZZKICKS.COM SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT FIZZKICKS.COM DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. FIZZKICKS.COM DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. FIZZKICKS.COM DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. FIZZKICKS.COM MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY FIZZKICKS.COM. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
- FITNESS FOR A PARTICULAR PURPOSE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusion may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL FIZZKICKS.COM OR ITS LICENSORS BE LIABLE TO ANY BAND/ARTIST ON ACCOUNT OF THAT BAND/ARTISTS OR ANY USERS USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, INCLUDING ANY USERS INFRINGING USES OF BAND/ARTIST CONTENT. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF FIZZKICKS.COM OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, FIZZKICKS.COM. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF PROFILES, ARIST PAGES OR OTHER CONTENT STORED THROUGHOUT FIZZKICKS.COM. UNDER NO CIRCUMSTANCES SHALL FIZZKICKS.COM OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING. THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, ACCURACY, COMPLETENESS, CURRENCY, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR
- INDEMNITY: By using the FIZZKICK.COM web site you agree to indemnify FIZZKICKS.COM, and their officers, employees, and licensors, and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the FizzKicks.com web site, your use of the Products and Services, your sale of goods and services through a link from your Band/Artist Page or otherwise, or your submission of ideas and/or related materials to FizzKicks.com or from any person's use of any account or password you maintain with FizzKicks.com, regardless of whether such use is authorized by you. By using FizzKicks.com, using the Products and Services, or submitting any ideas and/or related materials to FizzKicks.com, you are hereby agreeing to release FizzKicks.com and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to FizzKicks.com.
- Ownership Of FizzKicks.com Content, Code, Design and Operation: Unless otherwise noted, all text, images, illustrations, designs, icons, photographs, video clips, sound clips, and other materials that are part of this Site (collectively, the "Contents"), are copyrighted works, trademarks, trade dress, patents or other intellectual properties owned, controlled, or licensed by FizzKicks.com (or used in accordance with "fair use" principles). The Site as a whole is protected by copyright and trade dress, all worldwide right, title and interest in and to which is owned by FizzKicks.com. The phrase "FIZZKICKS" is a federally registered trademark owned by FIZZKICKS.COM. Other trade names and trademarks present on the Site either are owned by FIZZKICKS, appear with the permission of their respective owners, or appear under principles of "fair use." Unless otherwise noted, by using a third party's trademark or trade name on this Site, FizzKicks.com does not intend to suggest any affiliation with or endorsement of such third party or its products or services, and FizzKicks.com hereby expressly disclaims any such affiliation or endorsement.
- Acceptance: This Agreement is accepted upon your use of the Website or any of the member Services, and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Fizzkicks.com regarding the use of the Services, online purchasing of merchandise, and purchasing of subscriptions from Fizzkicks.com. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE WITHIN THIS AGREEMENT.
We wish to welcome you to our Fizzkicks.com family. We hope you enjoy browsing the site, becoming an active member and utilizing our music card and online services. Please be considerate, kind, and thoughtful to others. Help us build a trusting community of musicians and fans. We truly hope you enjoy your time at Fizzkicks.com.