KICK START MAGIC(KSM) respects the privacy of it's users and is committed to protect it in all respects. Access to and use of this website ("kidocent.(dot)com") is provided by KSM and is subject to the following terms and Conditions:
1. By using the site you agree to be legally bound by these terms, which shall take effect immediately on your first use of kidocent.com. If you do not agree to be legally bound by all the following terms please do not access and/or use.References to “we”, “us” and “our” shall be deemed to be references to KSM. References to “you”, and “your” shall be deemed to be references to person placing an order via this website
2. You must be at least eighteen years old to purchase from this Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not sell, purchase or bid for any items on the Website. As a minor if you wish to purchase or sell an item on the Website such purchase or sale may be made by your legal guardian or parents who have registered as users of the Website.
3. KSM has taken great pains to ensure accuracy of information that is contained in this site and it reserves the rights to make changes in the information, programs, policies, products and services described in the website at any time without prior notice.Please review these terms regularly to ensure you are aware of any changes. Your continued use of the website after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
5. KSM forbids you from any attempts to resell or put to commercial use any part of the website; any derivative use of the website or its contents; any downloading; any renting, leasing, or otherwise transferring rights to the website / Service; displaying the name, logo, trademark in such a manner as to give the viewer the impression that such other person is a publisher or distributor of the Service on the website, or any data gathering or extraction tools; or any use of meta tags. You may not (whether directly or through the use of any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from this website.
6. You hereby agree and assure KSM that the website/Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, State or local government or any other international laws. You further concur that you will not, through Site/Service Post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus trojan horses, time bombs, bots, botnets, malicious content, content theft, data manipulation, threats or any other harmful programs or elements or component; Delete from the website any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify; Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site/Service; Engage in any activity that causes / may harm minors; or Perform any activity which is likely to cause such harm; Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; Take any action which encourages or consists of any threat of harm of any kind to any person or property, Carry out any "denial of service" (DoS, DDoS) or any other harmful attacks on application or internet service or; Make any inappropriate, illegal or otherwise prohibited communication to any interactive Facility, or other Internet Forum; Use the Site/Service for illegal purposes; Disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to make or attempt any unauthorized access to any website . Transmit through the Site, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, libelous, hateful, or racially, ethnically or otherwise objectionable material of any kind or nature. This includes text, graphics, video, programs or audio, etc. Collect or attempt to collect personally identifiable information of any person or entity without their express written consent. Engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site. . Upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," duplicative messages or any other form of solicitation. Encumber or suffer to exist any lien or security interest on the subject matter of this Agreement; or Make any representation or warranty on behalf of KSM. You agree not to post, distribute, transmit or otherwise make available any data, text, message, computer file, or other material that infringes and/or violates any right of a third party or any domestic or international law, rule, or regulation, including but not limited to: Infringement of any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, and the unauthorized transmittal of copyrighted software; . Right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity. You shall not indulge in cyber stalking become or create a nuisance for any person
7. If you would like to link to the Website, request written permission to create the link. Permission is required prior to creating any link to the Website. The granting or denial of permission is within the sole discretion of KSM. Permission can be revoked at any time without assigning any reasons whatsoever or incurring any liability of any nature whatsoever. KSM does not allow the unauthorized use of its name, logos, trademarks, products, artwork, or other graphics to create links. Unless otherwise permitted, you will: (i) display the link on your website in the exact form received by you, and not modify or edit any of the foregoing without KSM’s prior written consent; (ii) ensure that the fundamental meaning of the website is not changed or distorted; (iii) comply with all applicable laws and all limitations and restrictions (if any) placed by KSM on the use, display or distribution of the website and (iv) not archive any of the links for access by users at any future date after the link has been removed from your Website. You acknowledge that the link must be redirected to the appropriate KSM’s Web page when a user clicks on the link. You shall not display the link in such a manner that does not allow for successful linking and redirection to, and delivery of KSM’s Web page, nor may you frame any KSM's Web page.
8. You will not use any communication tool or other means available on the Site to transmit, directly or indirectly, any unsolicited bulk communications. KSM will not sell, lease or rent its e-mail subscriber lists to third parties. You may not harvest information about users of KSM for the purpose of sending or to facilitate the sending of unsolicited bulk communications. We may terminate your access or use of the Site immediately, with or without any notice, and take any other legal action if you, or anyone using your access details to the Site, violates these terms. We may adopt any technical remedy (including any filtering technology or other measures) to prevent unsolicited bulk communications from entering, utilizing or remaining within our computer or communication networks. Such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the KSM's Web Sites.
9. KSM strives to protect its users from spam and abuse. Technical abuse and user abuse is not tolerated on kidocent(dot)com , and will result in permanent suspension. Any accounts engaging in the activities specified below are subject to permanent suspension.
Serial Accounts:You may not create serial accounts for disruptive or abusive purposes, or with overlapping use cases. Mass account creation may result in suspension of all related accounts. Please note that any violation is cause for permanent suspension of all accounts.
Username Squatting: You may not engage in username squatting. Accounts that are inactive for more than 6 months may also be removed without further notice. Some of the factors that we take into account when determining what conduct is considered to be username squatting are:
Malware/Phishing: You may not publish or link to malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy.
Spam:You may not use the wesbite for the purpose of spamming anyone. What constitutes “spamming” will evolve as we respond to new tricks and tactics by spammers. Some of the factors that we take into account when determining what conduct is considered to be spamming are:
Pornography:You may not use obscene or pornographic images in either your profile picture or user background
10. KSM takes all reasonable steps to ensure a fast and reliable service,it does not warrant and guarantee that your use of the website will be uninterrupted or error free, or that the defects will be corrected, or that the website or the server that makes it available are free of viruses or bugs. Under no circumstances will KSM be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of the website regardless of the form of action.
11. As a condition of your use of the Website, you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair any KSM's server, or the network(s) connected to any KSM server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to the Website, other accounts, computer systems, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.
12. KSM does not accept liability for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services.
13. KSM cannot be held responsible for any injuries or loss of life resulting from the use of the products listed on www(dot)kidocent(dot)com. Please note that stickers may be a choking hazard. Please consult safety instructions before use.
14. KSM shall have no liability for the damage to surfaces in which the products are affixed upon
15. KSM may amend these Terms from time to time, and place the new version on the Web site. When KSM does so, it will mention the fact on the home page. For users purchasing goods, all purchases from the date that the amended terms are placed on our Web site onwards will be governed by those new terms. Your continued use of the Web site following posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these Terms, then your only remedy is to cease using the Web site.
16. These Terms supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between Kick Start Magic (www(dot)kidocent(dot)com) and you relating to your purchase. KSM advises that you print off and keep safe a copy of these terms and conditions once KSM has accepted your order. We will store a copy of the contract entered into by you with KSM. You are advised to read (and are responsible for reading) fully all information on this Web site
17. KSM may assign or transfer any of its rights or sub contract any of its obligations under these terms and conditions to any third party. You may not assign or transfer any of your rights or sub contract any of your obligations under these terms and conditions except with the specific permission in writing of KSM.
18. Individual Registration, Access and exchange of Information:
For certain services such as web pages, online payments and accessing data, registration might be required. By registering, you agree to the following terms in addition to any other specific terms which shall be posted at an appropriate location of the Site. Each registration is for a single individual user only. To access these services, you will be asked to enter your individual User Name and Password. Therefore, we do not permit any of the following:-
All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly or privately transmitted/posted, is the sole responsibility of the person from where such content originated.
You shall be solely responsible for all content that you upload, post or otherwise transmit. KSM does not control the content posted via chat and other community services and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using such services, you may be exposed to objectionable matter. Under no circumstances will KSM be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, uploaded on this site.
You may not send, submit, post, or otherwise transmit, messages or material that contain software virus, or any other files that are designed to interrupt, destroy, and negatively affect in any manner whatsoever, any electronic equipment in connection with the use of this site, or other user's ability to engage in real time exchanges.
19. Intellectual Property:
Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, photographs, design right or copyright of KSM, or any other third party without the prior express written permission.
20. Contributions to kidcoent.com
Further, by submitting your contributions you:
a.) warrant that your contribution is your own original work and that you have the right to make it available to KSM for all the purposes specified above;
b.) is not defamatory; and
c.) does not infringe any law; and
d.) you indemnify KSM and/or it proprietor and officers in perpetuity against all legal fees, cost, damages and other expenses that may be incurred by KSM as a result of your breach of the above warranty; and
e.) waive any moral rights in your contribution for the purposes of its submission to and publication on kidocent(dot)com and the purposes specified above.
If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.