Kinexit's Terms of Service

 

PLEASE READ THESE TERMS CAREFULLY. YOUR USE AND INTERACTION WITH OUR WEBSITE, PORTAL AND/OR SERVICES INDICATE THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS SITE OR OUR SERVICE.

  • Use of Site and/or Service
  • Refund Policy
  • Registration Requirements
  • Account Responsibility
  • Privacy and Release of Information
  • Site Security and Conduct
  • User Conduct
  • Content and Ownership
  • System and Network Security
  • Intellectual Property Rights
  • Notification of Claims of Infringement
  • Representations
  • Disclaimer of Warranty
  • Coaching, Training or Third Party Services
  • Links to Other Websites
  • Indemnity
  • Limitation of Liability
  • Consequences of Violation of Terms

Use of Site and/or Service. This Website and Portal ("Site") and the services provided ("Service") are maintained and operated by Kinexit ("us," “we,” “our,” or “Company”) a Delaware, USA, Limited Liability Corporation (LLC). Kinexit seeks to build a user base linking young athletes, their parents or guardians, and their coaches. Thus, we offer this Site for you to view information and documents (collectively, “Materials”) and message Forums, and to use our authorized Services. Please note that you must be at least 18 years of age to register for the Services on our Site. If you are under the age of 18, you must have the consent and approval of your parent or guardian to use the Services on this Site. If you breach any of the provisions in these Terms of Service (“Terms”), your authorization to use this Site or these Services automatically terminates.

We may revise these Terms at any time and you agree to be bound by any such revisions to the Terms. Any modification will become effective when it is first posted to the Site. You are responsible to return to these Terms from time to time to review the most current version. When we maker material modifications to the Terms, we will notify you by posting a new version of these Terms on the Site.

Refund policy. Kinexit does not offer refunds for any subscription for any reason. Instead, Kinexit offers a free 2-week, fully functioning TRY Subscription. Kinexit does not request or retain any credit card information for the TRY Subscription. At the conclusion of the TRY Subscription, users are provided the option to either Terminate or Buy Kinexit Subscriptions of their choosing. If Terminate is selected, any personally identifiable data generated during the free trial period will be permanently deleted from Kinexit’s servers. If Buy is selected, Kinexit requires credit card information for payment of the purchased subscription; and all user data from the trial period will automatically transfer to the purchased account. Kinexit subscriptions automatically renew at the end of each subscription period. The subscription renewal date appears on the User’s Profile page. Subscription termination and change of term requests, may be submitted by the User at any time and for any reason, however, all termination and change of term requests only become effective at midnight on the last day of the subscription period; 30 days after which personally identifiable user information is permanently deleted from Kinexit’s Servers.

Registration Requirements. To post messages on Forums with level restrictions and to use other advanced Services, you must purchase a Kinexit subscription. Subscribers 13 years of age or older who agree to these Terms may register and post content to the Site. You agree that the information you supply will be accurate and that you will not supply the email address of, or register under the name of, another person. We reserve the right to reject any username we deem offensive or inappropriate. You may not register as a business name.

Account Responsibility. You are solely responsible for protecting your account from access by others. You are strongly encouraged to select a hard-to-guess password and not re-use that password on any other sites where it may be read by the owners or administrators of that site.

Privacy and Release of Information. Under normal circumstances, Kinexit will never release the personally identifiable information you submit to us to any third party without your consent. However, in cases of your violation of these Terms, we reserve the right to forward any and all known information about you and your accounts to: your ISP (including libraries, schools, and places of employment); your email service provider; your ISP account owner (if someone else is actually paying for it); any parties whose copyright has clearly been infringed by your actions on the Forums; or law enforcement authorities.

All of the information that we collect from you, such as registration and credit card information, is subject to our Privacy Policy.

Site Security and Conduct. Any Material we upload to this Site will be accessible to all users of the Site (“Users”), within level restrictions. We have incorporated all reasonable and commercially available measures to protect the Site from unauthorized access. Any unauthorized commercial use of the Service is expressly prohibited. You agree to comply with all applicable local, state, national, and international laws and regulations and are solely responsible for all acts or omissions that occur under your user ID or password. You must protect the confidentiality of your password, and you should change your password periodically. You are also responsible for the acts or omissions of any individual to whom you grant access—either intentionally or unintentionally—by sharing your user ID or password. Further, by way of example and not as a limitation, you agree not to:

  1. Use our Service in connection with chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise);
  2. Harvest or otherwise collect information about others, including e-mail addresses, without their consent;
  3. Create a false identity or forged e-mail address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
  4. Transmit through the Service any Materials that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material of any kind or nature;
  5. Transmit any material that contains viruses, Trojan horses, worms, trap doors, back doors, Easter eggs, time bombs, cancelbots, netbots, or any other harmful or deleterious programs or scripts;
  6. Violate any U.S. law regarding the transmission of technical data or software exported from the United States through the Service;
  7. Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;
  8. Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or
  9. Interfere with another User’s use and enjoyment of the Service.

User Conduct. You agree that you will not use these sites to perform the following actions:

Offensive Posting.
Posts of a patently offensive nature are not allowed. This includes, but is not limited to:

  • Using vulgar, profane, or sexually explicit language
  • Using race, religion, sexual orientation, culture, ethnicity, handicap, nationality, or gender as a means of insult
  • Using sexual preference terms as a term of insult in any way, shape, or form
  • Using threatening, harassing, defamatory, hate-speech, or libelous language
  • Posting or requesting links to or material from pornographic, obscene, or hate-speech websites
  • Posting links to websites with potentially offensive content
  • Descriptions or details about any sexual act or sexual organs

Posting content from other websites.
Any content you post on Kinexit’s site must be your original work. If it is owned by another, you must have authorization from the copyright owner. If you post content from another source, please include a link back to the original content. Please refrain from posting private messages without a user’s permission. Private messages from administration posted to threads will be removed.

Flaming (Insulting Other Users).
Posts clearly insulting, calling out, provoking or harassing other board members, individually or as a group, directly or indirectly, are not allowed. This includes, but is not limited to: Name-calling ("You're an idiot", "You moron") Direct insults ("Screw you") Offensive orders ("Go kill yourself") Insinuations ("Are you stupid or something?") or insults towards family ("Your mom...")

Trolling (Inciting Flames).
Posts intended solely to annoy and/or offend other posters by going against the clear nature of a board or topic are not allowed. This includes, but is not limited to:

  • Provoking other users to respond with flames
  • Constant bickering/arguing
  • Making misleading topic titles
  • Asking obviously useless questions
  • Posting false information as fact

Illegal Activities.
Posts that violate or incite others to violate the law are not allowed. This includes, but is not limited to, asking for or providing, in any way, shape, or form:

  • Illegal copies of copyrighted software (ROMs, Warez)
  • Methods of circumventing copyright protection (Cracks, No-CD Patches, CD Keys, mod chips)
  • Illegal copies of copyrighted music (MP3s), movies, videos, or any other type of media
  • Reprints of material from other websites (pay or free)
  • Methods of cheating in online games

Advertising.
Posts that clearly advertise a service or product are not allowed. This includes, but is not limited to:

  • Unsolicited commercial or personal website advertisements
  • For-Sale/For-Trade/For-Auction/Wanted notices
  • "Make Money Fast" scams, chain letters, and pyramid schemes
  • Advertising for another message board

Users are allowed to include a website address in a signature, request comments on their personal site in a social setting, or provide interesting or relevant links to another site.

Disruptive Posting.
Posts that disrupt the message Forums for other users, intentional or not, are prohibited. This includes, but is not limited, to:

  • Message posts or topic titles that force browsers to scroll horizontally
  • Large blank or content-free posts
  • "Bumping" multiple older topics (posting in them well after the last post)
  • Posting multiple identical or near-identical messages or topics
  • Intentionally hard-to-read topic titles (i.e. ALL CAPS, AlTeRnAtE cApS, no spaces, no or excessive punctuation, 1337 speak, et cetera)
  • Posting multiple hard-to-read or nonsensical messages in a single or multiple topics
  • Posting large ASCII art (except in social topics specifically calling for it)
  • Post counting (i.e. "First", "100th Post")
  • Flooding, Invading, and Board Wars
  • Users may be immediately banned (along with any associated accounts) for:
  • Flooding a board with multiple disruptive topics or posts
  • Invading another board (flooding a board as a group with multiple topics or posts)
  • Instigating, participating in, or retaliating in an invasion of a message board or any other online service
  • Announcing or inciting a "war" or any conflict with the regular members of another board

Impersonation.
Users may be immediately banned (along with any associated accounts) for impersonating other Forums users by creating and/or using a message board account with a name clearly intended to impersonate, mock, or antagonize another user, or otherwise falsely claiming to be another message board member.

Harassment/Stalking/Privacy.
Continual harassing behavior directed towards a certain individual or group with the intent of creating an intimidating, offensive, or hostile environment on the Forums, with or without use of explicit or implicit threats is strictly prohibited. Posting private information without permission is also prohibited. Posts inquiring about temporarily suspended or banned users (for example: "free this user" or "why did this user get banned") will be removed and poster issued a warning. Continued posts of this nature will result in suspension.

Unauthorized Access.
Accessing or attempting to access any Kinexit user account not belonging to the user in question without permission is prohibited. Accessing another user's account in this manner is grounds for immediate loss of all known accounts.

Bugs and Exploits.
Using exploits or tricks in the Kinexit code to gain privileges, access, or abilities not clearly intended by the board design is prohibited. Making exploits public or using them for personal benefit is grounds for immediate loss of all known accounts.

Usernames, Profiles, and Forms.
Violating any of the above rules with a username, any part of the user profile (signature, quote, email, IM), or via feedback forms (such as the Mark for Moderation function) is considered a severe violation.

Other.
Any other activity that is clearly detrimental to the flow of conversation and normal activities of the Forums and its users may also be deleted.

Content and Ownership. Our Site includes a combination of content that we create, that our partners create, and that our users create. All Materials we publish on our Site, including, but not limited to written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and flash animation, are protected by our copyrights and trademarks or those of our partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our Site in whole or in part.

Our site is protected by copyright as a collective work or compilation under the copyright laws of the United States. All individual articles, content and other elements comprising this Site are also copyright protected works.

By posting content to the Site, you automatically grant us the right to use, copy, modify, adapt, or publish the content that you post, including for purposes of advertising and publicity on the Site and elsewhere. We are under no obligation to pay you for your posting. By your posting, you receive consideration in terms of the publication of your post and the goodwill surrounding your content.

You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, perform or otherwise make available on our Site ("Your Content"). You certify that you own all intellectual property rights in Your Content. You hereby grant us, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sublicensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for the purposes of (i) displaying Your Content on our Site, (ii) distributing Your Content either electronically or via other media, to Users seeking to download or otherwise acquiring it, and/or (iii) storing Your Content in a remote database accessible by end users, for a charge. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed, including print publication.

System and Network Security. Violations of our system or network security are prohibited, and may result in criminal and civil liability. We will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. You must take reasonable security precautions in light of your use of the Service. You are solely responsible for any breaches of security affecting the servers under your control.

Intellectual Property Rights. The Service and this Site are protected to the maximum extent permitted by copyright and trademark laws and international treaties. The Content of this Site, and related pages, is copyrighted property of Kinexit, or other suppliers credited as the provider. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any aspect of the Site or the Service.

Notification of Claims of Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify our agent for notice of claims of copyright or other intellectual property infringement at: admin@kinexit.com.
Please provide the following information:

  1. Identify the material on the Site that you claim is infringing in sufficient detail so that we can find it;
  2. Include the specific statement that you have a good faith belief that the disputed use you have identified is not authorized by the copyright owner, its agent, or the law;
  3. Include the specific statement in which you declare, under penalty of perjury, that (a) the information you have provided is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
  4. Your address, telephone number, and email address; and
  5. Your physical or electronic signature.

We will remove the infringing content according to the procedures outlined in the Digital Millennium Copyright Act of 1998.

Representations. You represent and warrant that you will not hold us responsible for the quality, safety, or accuracy of the Materials on the Site. We provide no warranty or guarantee regarding the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Site for any purposes. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. If you are aware of any relevant errors, inaccuracies, or discrepancies, including pricing discrepancies please alert us at https://kinexit.com/feedback.

Disclaimer of Warranty. ALL EXPRESS AND IMPLIED 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, WE DISCLAIM ANY WARRANTIES: (i) FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE AND THE SERVICE; (ii) FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR SITE OR THE SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SITE; OR (iii) FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH OUR SITE OR THE SERVICE. YOU USE ANY INFORMATION OR MATERIALS ON THIS SITE ENTIRELY AT YOUR OWN RISK. IT IS YOUR RESPONSIBILITY TO ENSURE THAT ANY PRODUCTS, SERVICES, OR INFORMATION AVAILABLE THROUGH THIS SITE MEET YOUR SPECIFIC REQUIREMENTS.

Coaching, Training, Subscribing Organizations, Private Label Subscribers or Third Party Services/Products. The Site may contain advice provided by third parties or you may engage with third parties for coaching, training or other services. We do not endorse or sponsor these third party services or any materials they contain. Of course we do not control, and thus are not responsible for any such third party services or any information, content, products or services accessible from such third parties. We encourage users to research any third party service provider prior to any coaching, training or other services.

Links to Other Websites. The Site may contain links and pointers to other websites that are maintained by third parties. Such links do not mean that we endorse these third-party sites or any materials they contain. Of course we do not control, and thus are not responsible for, the availability, accuracy, privacy policy, or currency of such third-party sites or any information, content, products or services accessible from such third-party sites.

Indemnity. You agree to indemnify and hold us, our officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Materials you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties in these Terms, or your violation of any rights of another person or entity.

Governing Law. You further consent that these terms are governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A. without reference to its conflicts of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Michigan for any disputes arising out the use of this Site.

These Terms constitute the entire agreement between you and us with respect to the subject matter that these Terms describe. These Terms supersede all prior proposals, negotiations, conversations, discussions and agreements between you and us concerning the information the Site and our Service cover.

If, for any reason, a court of competent jurisdiction finds any provision or part of a provision of these Terms unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms. Any remaining provisions of these Terms will continue to be enforced with full effect.

Limitation of Liability. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR THE SERVICE, FROM INABILITY TO USE THE SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OUR SITE OR THE SERVICE OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKS ON THE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted and some of the foregoing limitations may not apply to you.

Consequences of Violation of Terms. We may, without notice to you, suspend your Service or remove any Materials transmitted via the Site if we discover facts that lead us to reasonably believe the Site or its Services are being used in violation of these Terms. You agree to cooperate with our reasonable investigation of any suspected violation of these Terms. We may attempt to contact you prior to your suspension; however, prior notification is not assured.