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GENERAL TERMS OF AGREEMENT & PRIVACY POLICY

FizzKicks.com is a music & video oriented content and information website that allows Fans and Band/Artists (collectively known as Members) to create personal profiles online, create digital download cards, download music, view photos, view comments, post comments, view videos, and content. The Services offered by FizzKicks.com ("FizzKicks.com" or "we") include the FizzKicks.com Website (the "Website"), the ok-download media store, Music Card Builder, Portable Media Players, and any other features, content, or applications offered from time to time by FizzKicks.com in connection with the Website (collectively, the "Services"). Our service allows members to post textual information, photos, musical & video content owned and/or created by Artist/Band/Fans. Artist/Band members can create music download cards, send music download cards, print music download cards, upload music videos and song files. All members of FizzKicks.com can communicated with other members via forum posts as well as post photos, and post videos.
  1. GENERAL TERMS OF USE AGREEMENT. This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Services, purchasing products and music card subscription services. By using the Services and featured offered on FizzKicks.com, you agree to be bound by this Agreement, whether you are a visitor browsing Fizzkick.com or you are a registered Fan Member or Band/Artist of FizzKicks.com. You are only authorized to use the Services if you agree to abide by all applicable laws and to this Agreement. If you do not agree with it, you should leave the Website and discontinue use of FizzKicks.com. If you wish to become a Member, communicate with other Members, post content, videos, music, shows, truth about us, and pictures and make use of the Services and goods provided by FizzKicks.com, you must read this Agreement and indicate your acceptance at the end of this document before completing the Registration process or execute credit card transactions.
  2. Registration Terms. You can visit our site, and review information about bands, fans, online profiles, videos, music, photos and purchase goods without registering. However, to be granted the right to post information on FizzKicks.com, create a site profile page, and to obtain access to certain areas and/or materials, or music uploads / downloads, you must become a registered user. Based on whether you are registering as a Fan Member or Band Member you will need to provide certain information to use particular feature of the site. In connection with registering at Fizzkicks.com, you agree to provide us with accurate and complete, information required by the registration form, including, without limitation, your legal name, address, telephone number(s), applicable payment data (e.g., credit card number and expiration date for services or goods) and such other information that may be required by such forms. You agree to notify us within twenty (20) days of any changes in your Registration Data. Failure to comply with this provision may result in immediate suspension or termination of your right to use FizzKicks.com. You may also update your registration information with in your admin control panel as needed. Information provided to us by you in connection with registering at Fizzkick.com will be protected by us in accordance with the terms of our Privacy Policy referred in this General Terms of Use Agreement & Privacy Policy.
  3. User Name & Password Terms. When you register, you are required to create a "user name" and a "password." This will provide you access to various services and features based on your membership type. When you become a registered user of FizzKicks.com, do not to disclose your login name and password to any third party. 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 unauthorized use of your login name or password. You may change your password at your admin control panel at anytime. See security for password secured information for more information in Privacy Policy with The Agreement Terms.
  4. Fees for Registered Artist/Band Users Terms. To be eligible to become a ProPlan™ Artist/Band member of FizzKicks.com to use specific elements of our site, access to those areas and services are subject to payment fees. FizzKicks.com offer different subscription packages stated on FizzKicks.coms sign-up registration pages. Band/ Artist member accounts (Subscribing Member Band Accounts) are for the use of Band/Artists only. Based on credit card approval Band/ Artist member accounts will be approved electronically. Subscription fees are automatically renewed each month or every 12 months. Your card will automatically be charged for services. You will receive a confirmation order of your subscription fee. FizzKicks.com reserves the right to terminate an Account at its sole discretion at any time without prior notice to Band/ Artist member. Artists may terminate their Artist Account at any time. As Band/ Artist member of Fizzkicks.com, you agree to be bound by these General Terms of Use & Privacy Policies. The terms can be modified from time to time, so please refer back to this Agreement. Read them carefully. Any violation of the GENERAL TERMS OF USE AGREEMENT & PRIVACY POLICY layout in this document may result in suspension or termination of membership on FizzKicks.com.
  5. 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.
  6. 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
  7. 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.
  8. 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.
  9. 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.
  10. User Comments and Posts: With respect to any pictures, video files or song files you may provide to FizzKicks.com for posting on your profile page (collectively, "Posts"), such Post shall remain your property. You hereby unconditionally grant to FizzKicks.com a non-exclusive, irrevocable fully paid and royalty-free license to use, reproduce, publicly perform and publicly display, the Posts SOLELY IN CONNECTION WITH THE SITE. FizzKicks.com does not endorse, sanction or verify, and specifically disclaims responsibility or liability for, any user Comments, Posts, Videos, Music, or any other content. FizzKciks.com has no obligation to respond to any Comments, and we reserve the right, but undertake no duty, to review, edit, move, or delete, in our sole discretion and without notice, any material posted by users that we may include on the Site. You represent, warrant and agree (i) that you are authorized to submit the Comments you provide to us; and (ii) that all Comments submitted by you to the Site do not and will not violate any rights of any third party, including, without limitation, copyright, trademark, privacy or other personal or proprietary right(s). You agree to keep a copy of any Comments you provide, as FizzKciks.com shall have no obligation to return any Comments to you. And, YOU AGREE TO CHECK YOUR SITE FEQUENTLY TO DELETE POSTS YOU DO NOT WANT ON YOUR SITE ARE DELETED, BLOCKED OR PERMANENTLY REMOVED. FIZZKICKS.COM ALLOWS INSTANT POSTING WITHOUT CONSENT OF ANOTHER MEMBER, YOU ARE REQUIRED TO DELETE, REMOVE OR PERMANENTLY REMOVE A MEMBER AS WELL AS BLOCKING A MEMBER FROM EVER LEAVING ANOTHER POST ON YOUR SITE. (iii) Fizzkicks.com is not responsible for any lost data in terms of content, user information, music files, video files, pictures, prepaid music card(s), stored download reports or any kind of information posted to the your profile website page. Without limiting any of the foregoing, you furthermore agree that FizzKciks.com may use or disclose information about you and your use of the Site in accordance with our Privacy Policy Terms within this Terms of Agreement. With respect to any information relating to other users of the Site to which you may be permitted access through the Site, you agree that you may use such information only in connection with activities related to the purpose of the Site, which activities, without limitation, shall not include (i) the sending of unsolicited communications emails or spamming; (ii) the sending of any other communications after receiving notification that the recipient no longer wishes to receive communications from you; or (iii) the sale or rental of such personal information to any other parties. (iv) you agree not to selling or rent advertising space on your FizzKicks.com website without written consent of FizzKicks.com
  11. 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.
  12. 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.
  13. 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.
  14. PRIVACY STATEMENT POLICY: We strive to do everything we can to protect the privacy of our members. We do not sell or exchange personally identifiable information with any third parties. From time to time, we may use member information for news announcement, contest offering, and new service offering by FizzKicks.com as well as important information relating to your account. Please refer back our Privacy Policy section of the Terms of Agreement documentation of any changes that may occur in any give period of time. If you are concerned about how your information is used, we recommend that you review this Privacy Statement Policy periodically.
  15. 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.
  16. 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.
  17. 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.
  18. 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:
    1. Your Internet protocol address.
    2. The kind of browser or computer you use.
    3. Number of links you click within the site.
    4. State or country from which you accessed the site.
    5. Date and time of your visit.
    6. Name of your Internet service provider.
    7. Web page you linked to our site from.
    8. Pages you viewed on the site.
  19. Use of Cookies: FizzKicks.com may use cookies to personalize or enhance your user experience. A cookie is a small text file that is placed on your hard disk by our web server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a Web Server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. For example, if you personalize a web page, or navigate within our site, a cookie helps FizzKicks.com to recall your specific information on subsequent visits. Hence, this simplifies the process of delivering relevant content and eases site navigation by providing and saving your preferences and login information as well as providing personalized functionality. FizzKicks.com reserves the right to share aggregated site statistics with partner companies, but does not allow other companies to place cookies on our website unless there is a temporary, overriding customer value (such as merging into FizzKicks.com a site that relies on third-party cookies). You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you reject cookies by changing your browser settings then be aware that this may disable some of the functionality on our Website.
  20. 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.
  21. 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.
  22. 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.
  23. 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).
  24. Disclosing to Third-Party Service Providers: We may contract with various third parties who help us provide and maintain FizzKicks.com Services as well as marketing service, publications, and contest. We will use commercially reasonable efforts to prevent such third parties from disclosing your Personal Information, except for the purpose of providing the services in question. We cannot guarantee that such third parties will not disclose your Personal Information. For example, Fizzkicks.com or one of our web advertising may deliver advertising banner ads and / or campaigns to increase the effectiveness of the ad delivered to you. Anyone of our advertising service companies may set cookies to increase effectiveness of a specific target marketing ad based on your personal tastes. These cookies would allow the ad server to recognize your computer each time you log on to our site. In this way, ad servers may compile information about where you, or others who are using your computer, saw their advertisements and determine which ads are clicked on. This privacy statement covers the use of cookies by FizzKicks.com and does not cover the use of cookies by any advertisers or third party to Fizzkicks.com.
  25. 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.
  26. 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.
  27. 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.
  28. 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.
  29. 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.
  30. Privacy Policy Associated With Third Party Web Sites: You may be able to access third-party web sites directly from FizzKicks.com. This Privacy Policy and General Terms of Agreement does not apply when you access such web sites. We cannot control how third parties may use Personal Information you disclose to them, so you should carefully review the privacy policy of any third-party web site you visit before using it or disclosing your Personal Information to its provider.
  31. 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.
  32. 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 kidprivacy@fizzkicks.com.
  33. 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.
  34. 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.
  35. DISCLAIMER STATEMENT
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