Terms of Use
If a registered account is required to use these offered services, you agree to be bound by these Terms of Service by completing the registration process.
If a registered account is not required to use these offered services, you agree to be bound by these Terms of Service by using the corresponding services.
Liability for minors
If parents or legal guardians agree that underage persons under their custody use the services of kickload, they (the parents or legal guardians) are the sole responsible for the online-behaviour of underage users.
Data protection
kickload protects privacy and comply with all necessary data protection regulations according to the current laws.
Use regulations
The services offered by kickload can be only be used according to the following purposes.
It is strictly prohibited to:
a) Upload, publish, or make available in any other way content that is unlawful or prohibited;
b) Upload, publish, or make available in any other way content that the user does not have the right to distribute;
c) Upload, publish, or make available in any other way content which infringes any patent, law, trade secrets, copyright or other proprietary rights;
d) Violate any local or international law or applicable regulations;
e) Collect and store other users' personal data without their explicit permission;
f) Upload, publish, or make available in any other way pornographic or racist material.
kickload does not accept any data containing illegal material or against the legal system. The user has sole responsibility and liability for the uploaded and downloaded data.
kickload will block access to illegal contents immediately after obtaining knowledge thereof and will delete them. kickload will also take technical measures to stop further uploading. To report abuse, use the following e-mail address: abuse@kickload.com You can report illegal contents (hyperlinks) to this e-mail address.
Please, follow the following instructions to report abuse:
- Send us the direct link to the data: http://kickload.com/file...htm
- Identify yourself as copyright holder or as an authorized person by the right holder.
- Give us your name and address, as well as a telephone number.
- Please, copy the website address where you found the links and your message.
In urgent cases, our lawyer will be available for you (see Legal Notice). Any other claims, especially compensation and recourse claims against kickload are excluded.
Exclusion of liability
kickload does not assume liability for the files, data and contents. The users of kickload are the sole and exclusive party responsible for the uploaded files, data and other pieces of information.
kickload is not responsible neither for the loss of content or other harm for the provided data, nor for consequential damages.
Control
kickload will regularly control the content of uploaded data. kickload reserves the right to immediately delete doubtful or clearly illegal data.
However, a direct exertion of influence on the data traffic outside the own infrastructure is not possible for kickload.
kickload is in principle entitled to reject contents if there are reasons to believe that these contents contravene the applicable law or these Terms of Service.
If a third party claims a violation of the law, the account will be blocked until the case has been resolved in or out of court. kickload will immediately delete all contents by order of the judicial authorities.
Further exclusions of liability
kickload does not ensure the accuracy, completeness, quality or current validity of the contents.
All liability claims against kickload relating to material or non-material losses caused by the use or non-use of the information provided, or the use of incorrect or incomplete information, are excluded, provided there is no evidence of wilful misconduct or gross negligence on the part of the kickload.
References/Links
In case of direct or indirect referring to other websites for whose content and context kickload is not responsible, a liability can only be justified if kickload had knowledge of these contents and if it were possible and reasonable to stop the use of these sites in case of illegal contents.
Therefore, kickload expressly declares that at the time of the linking no illegal contents in the linked pages were noticeable or recognizable.
kickload has no influence on the future organization or modification of the already linked sites and is, in this respect, exempted from legal liability.
This is also valid for belatedly modified site contents
The holders of the corresponding sites or the ones responsible for the arrangement of texts and contents are the sole responsible for all harms and any other legal claims.
kickload only refers to the respective sites and is therefore exempted from all claims.
Copyright
kickload will keep and observe the current copyright and registered trademark laws, especially in the case of texts, graphics, images and audio files.
This is also valid for protected logos, brands and trademarks.
The copyright for texts and contents remains the sole property of the respective author or holder.
Alleged breaches of these laws must be immediately reported to kickload. kickload will give a sufficient period of time to check and investigate these cases.
Data protection
kickload respects your privacy and will comply with all applicable data protection laws and regulations.
If personal or business data are requested and must be entered, the user of kickload services expressly declares that he/she has voluntarily revealed these data.
The consent and statement of voluntariness will be documented once the user has entered and confirmed the requested data.
kickload will not make these data available to third parties without the user's explicit permission. The misuse of these data, for example for promotion purposes, is not allowed. kickload will take legal actions if necessary in proven abuse cases.
Retrievability /Utilization
There is no claim to a permanent availability of the service. A continuous and unlimited utilization of the service is, in this respect, not duty bound.
kickload is not liable neither for any damages that may arise due to temporary unavailability or interrupted access, nor for loss of updated data.
Misuse / Prohibited Access or Interventions
Any attack attempts to kickload's information system are forbidden and can lead to civil and criminal prosecution.
The user cannot misuse kickload's system resources. She/he may forbear from downloading or uploading heavy data requiring too much memory space or affecting the provided service in any other way.
Further user liabilities and duties
Next to the aforementioned terms of use please note that:
a) You further agree to abide by all applicable laws and regulations regarding your use of kickload's services, especially in legal protection for children and young persons, intellectual property, general rights of privacy. The use of copyright-protected materials without previous written consent or notification from the holder of exploitation rights is strictly forbidden.
b) kickload's services cannot be used as a way to spread any material that violates or infringes in any way upon the rights of others, is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, encourages conduct that would constitute a criminal offense, gives rise to civil liability, or otherwise violates any law.
c) This service is provided to you for your personal usage only and it is prohibited that you use or conduct to use this Service for any commercial purposes.
d) You cannot perform hacking nor spread viruses. You cannot manipulate the offered materials.
Revocation
You can revoke the contract within one month in writing (e-mail, letter, fax) without having to state any reason. We will send you the cancellation policy in writing again. This period shall begin at the earliest upon receipt of these instructions. The sending of the withdrawal within the revocation period satisfies the observance of the cancellation deadline. If the contractual agreement refers to services offered by kickload, the right of withdrawal shall expire if and when kickload has started delivering these services to the user with his/her explicit consent before the end of the revocation period, or the user has requested that kickload starts the services. If the user has already begun using kickload's services, the user is considered to have waived his/her right of withdrawal.
Please address the cancellation to:
contact@kickload.com or kickload ltd. - 69 Great Hampton St - Birmingham B18 6Ew - United Kingdom
Limitation of liability
Your use of kickload is at your own risk. If you are dissatisfied with any aspect of our service or with these terms & conditions, or any other rules or policies, your sole remedy is to discontinue use of the service. You expressly understand and agree that kickload shall not be liable for any direct, indirect, incidental, special, consequential exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from:
(a) the use or the inability to use the Service;
(b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service;
(c) unauthorized access to or alteration of your transmissions or data;
(d) statements or conduct of any third party on the service; or
(e) any other matter relating to the service.
Modifications to Agreements
We reserve the right at any time to modify or discontinue the service with or without notice to you. These terms of service will be valid for all modified services.
We also reserve the right to change this agreement at any time
The user is obliged to regularly inform himself/herself about the modified terms of service on kickload's sites.
Termination
Without limiting other remedies, kickload may immediately issue a warning, suspend (i.e., lock out access and operation of Services for Customer) or restrict either temporarily or indefinitely, or terminate user's account and refuse to provide services to the user if:
(a) kickload believes that user have violated or acted inconsistently with this agreement, or any of our policies; or
(b) The user has failed to pay fees or other payments due to kickload; or
(c) kickload is unable to verify or authenticate any information the user provides to kickload; or
(d) kickload believes that user's actions may cause legal liability for the user, kickload's other clients, or kickload itself.
Final clauses
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, as narrowly as possible, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Except for other agreements or terms appearing on our websites, this agreement set forth the entire understanding and agreement between us with respect to the subject matter hereof.