Our mission is to provide fantasy leagues to college sports enthusiasts.
PLEASE READ THIS TERMS OF AGREEMENT FOR USE OF WEB SITE CAREFULLY BEFORE USING THIS SITE. Use of this site is limited to users on a limited basis and is intended solely for the purpose of individual users creating fantasy leagues and teams. Your registration and/or use of KickSwish (the "Site") signifies your agreement to each and every of the following conditions. If you do not agree and/or comply with ANY part of the following terms and agreements, YOU MUST NOT USE THIS SITE.
YOU ARE WHO YOU SAY YOU ARE. You will not register under a false name or impersonate any other person real or fictional. All information that you post will be, to the best of your ability, true and correct. You will only post your own personal information as a user.
YOU MUST be over the age of 13 years of age to use this site either in posting information or acquiring information.
YOU AGREE to register only your own email address.
YOU AGREE that you will only contact individuals that ask to be contacted.
Your registration and password are personal to you. YOU AGREE not to disclose it to others. The registered user will be liable to KickSwish for any and all damages arising out of the use of the password by unregistered unauthorized users. Registered users agree to immediately notify KickSwish of any password use by anyone other than you.
YOU AGREE only to use Site for lawful purposes.
YOU AGREE to commit no act that will interfere with another user's enjoyment of Site. You will not communicate/post any information or message that is offensive, obscene, malicious, racist, unlawful, defamatory, libelous, or intended to embarrass any individual or class of individuals. You will not post any message intended for the purpose of fostering hate based upon religion, race, or sexual orientation, intended to harass, threaten or annoy a specific individual or a class of individuals.
YOU AGREE not to post any sexually explicit communication, written, pictorial, verbal, or in any form that can be transmitted over the internet. The designation of "adult" or "sexually explicit" is left entirely to the discretion of KickSwish.
YOU AGREE to commit no act that will interfere or damage the operation of another's property, computer or data.
YOU AGREE not to infringe upon the trademark, copyright, patent, trade secret or any other intellectual property rights of others by transmitting, distributing, collecting, reproducing or interfering with the intellectual property rights of any individual, organization or entity as prohibited by local, state, federal or international law.
Your use of information obtained on this site is to be used solely for its intended use. YOU AGREE not to use any information obtained on this site for club memberships, pyramid schemes, promotions, communications, or solicitations of any type.
KickSwish reserves the right at sole discretion to remove or edit any posting. KickSwish reserves the right to remove any posting it deems inappropriate for and in noncompliance with the Terms of this Agreement.
Users AGREE not to forward item information to third parties.
YOU AGREE not to advertise any illegal item or service for sale that is prohibited or regulated by any California law. Included by not limited to such items as: weapons of any kind, ammunition, including stun guns, pepper spray, BB guns, fireworks including any that are legally sold in any county, any type of prescription or "over the counter" drugs, drug paraphernalia, alcohol or tobacco products of any type, medical devices or any type including contact lenses, hearing aids, bodily fluids, animals of any type, plants, insects or fish that are restricted or regulated, noxious sprays or pesticides, property that was stolen, knock off brands, raffle tickets or lottery tickets. This list is a limited list of items that cannot be offered for sale. IT IS NOT INTENDED AS A COMPLETE LIST. It is the responsibility of each and every KickSwish user to comply with all regulations, laws and restrictions imposed by the state of California and federal law AND any other law of any other state that might apply.
YOU AGREE TO PAY all applicable taxes imposed by state, federal or international law to appropriate taxing authority. KickSwish does not collect any monies and therefore assumes no responsibility for taxes or any other type of fees for sale of items.
YOU AGREE to use the information obtained through your use solely for personal use. Users shall not use information posted on KickSwish for commercial use or monetary gain. Information obtained as a result of use of KickSwish shall not be sold to third parties. YOU AGREE not to copy, reproduce or disseminate information obtained from Site for commercial or unlawful purposes.
YOU AGREE to perform no act that can interfere with the operation and/or security of KickSwish. YOU AGREE to commit no act that may invade or corrupt Site. YOU AGREE that you will transmit no virus or make any attempt to alter the database or any information (including postings by users) on the Site. You will not use repetitive letters, spam, overload, flood, Trojan horses, worms, time bombs, cancelbots or other programming routines or engines, or commit any act that can interfere with the operation or integrity of Site. You will not attempt to access unauthorized areas on Site, including other accounts, through password miming or any other means. YOU AGREE not to commit any act to an attempt to obtain any information that KickSwish does not intentionally post for your viewing.
You will perform no act which interferes with the operation of any user's email. You will not use repetitive letters, spam, overload, flood, Trojan horses, worms, time bombs, cancelbots or other programming routines or engines, or commit any act that can interfere with any user's email or website. YOU AGREE that you will transmit no virus or commit no act which may invade or corrupt user(s) email or website.
KickSwish does not guarantee that Site and/or Server operate free from all errors and viruses or that its service will be uninterrupted. KickSwish is not liable for any replacement or servicing costs of your computer equipment and/or data arising out of any use of this site. YOU AGREE to use this Site "As Is." KickSwish makes no express or implied warranties concerning the reliability, truthfulness, accuracy or timeliness of the material appearing on Site which includes but is not limited to: postings, services, text, graphics, links and any other material of any kind or form. The use of third party web links is offered as a courtesy to you. The linked web sites are not under the control or supervision of KickSwish. YOU AGREE to access these sites at your own risk. KickSwish disclaims any liability and/or responsibility for the materials appearing on third party sites, nor does it warrant the contents or truthfulness of material/postings appearing on these sites. The linked site appears only as a convenience to you and KickSwish does not expressly or implicitly endorse any goods or services appearing on third party web site. We have no involvement in the transaction for goods or services you purchase from linked sites. The transaction is solely between you and the linked advertiser. Linked websites are responsible for the orders you place including order processing, billing and customer service.
Any dispute arising between you and linked third party website is solely between you and that merchant/advertiser. Policies concerning your purchase on third party web links are governed by that advertiser's/merchant/s rules including use of that linked site's Terms of Use and Privacy Agreement. When you visit linked site(s), your use is governed by that site's policies. We are not responsible for information you obtain on those sites.
KickSwish does not guarantee that these linked sites operate without harmful viruses or other harmful mechanisms which may impair your computer or data.
KickSwish AND OR/ITS SUPPLIERS EXPRESSLY DENIES ANY LIABILITY FOR ANY DAMAGES INCLUDING DIRECT, INDIRECT PUNITIVE, KNOWN, UNKNOWN, SUSPECTED, UNSUSPECTED, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, LOST PROFITS, PAIN AND SUFFERING, AND ANY OTHER DAMAGES ASSERTED ARISING OUT OF LOSS OF USE OF COMPUTER, LOST DATA AND/OR BUSINESS INTERRUPTION RESULTING FROM THE LOSS OF USE OF COMPUTER, DATA, OR INTERNET, OR INABILITY TO USE WEB SITE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR THEORY ASSERTED IN EQUITY ARISING OUT OF ANY AND ALL USE OF SITE.
YOU AGREE to grant KickSwish a license to use, publish, reproduce and modify any and all of your submissions to public and non-public areas of Site. You represent, warrant, and guarantee that you are the owner or have the express written permission of the owner of any material you post or submit to Site. KickSwish will not compensate you for any submission. KickSwish is under no obligation to use your submission.
KickSwish solely owns KickSwish intellectual property rights. These intellectual property rights include but are not limited to: trademarks, copyrighted material, HTML, dababases, all web page designs, color coordination, graphics, etc as well as KickSwish does not grant permission to use any of its intellectual property rights without express written permission. In addition, third parties and other information providers own some of the content found on our site. These trademarks, logos and copyrighted work owned by third parties and other information providers are registered "Trademarks" or protected under common law. Use of any "trademark" owned by KickSwish or its various third parties providers is prohibited without express written permission of KickSwish or such other party that may own the Trademarks.
By posting any information, messages, or any other content to the KickSwish site YOU represent to KickSwish that you have the right to grant a license to KickSwish to post said information and distribute and publish each information/content via the internet.
Please help us keep the site free from offensive and false postings. Please contact us to report SPAM postings abuse@KickSwish.com
Be aware that KickSwish can identify users who create Spam postings and your account if you abuse postings.
YOU AGREE TO RELEASE KickSwish, ITS OWNERS, SUPPLIERS, AGENTS, EMPLOYEES, OFFICERS AND DIRECTORS FROM ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF YOUR USE OF THIS SITE, INCLUDING CLAIMS, DEMANDS, AND DAMAGES THAT ARE ACTUAL, CONSEQUENTIAL, KNOWN, UNKNOWN, SUSPECTED, UNSUSPECTED, DISCLOSED OR UNDISCLOSED ARISING OUT OF YOUR USE OF THIS SITE. USERS MUST TAKE DUE CARE TO INSURE THEIR SAFETY IN INTERACTING WITH INDIVIDUALS EACH COMES INTO CONTACT WITH AS A RESULT OF USE OF THIS SITE, KickSwish ASSUMES NO LIABILITY FOR THE SAFETY OF USERS OF KickSwish. USE OF KickSwish IS AT YOUR OWN RISK. KickSwish DOES NOT LEGITIMIZE, CONFIRM, AUTHENTICATE, OR VALIDATE ANY OF THE INFORMATION REGARDING ITEM POSTINGS OR THE INFORMATION USERS GIVE. KickSwish DOES NOT WARRANT OR GUARANTEE THE TRUTHFULNESS OR ACCURACY OF POSTINGS/COMMUNICATIONS ON ITS SITE. USERS ARE SOLELY RESPONSIBLE FOR THE INFORMATION THEY POST. USERS ASSUME ALL RISKS IN COMMUNICATING, MEETING WITH, OR OTHERWISE INTERACTING WITH OTHER USERS THEY COME INTO CONTACT WITH THROUGH KickSwish. KickSwish DOES NOT ASSUME ANY LIABILITY OR CONTROL FOR THE ACCURACY, LEGITIMACY, LEGALITY, LAWFULNESS, OR SAFETY OF POSTED INFORMATION. NOR DOES KickSwish HAVE ANY ABILITY, RESPONSIBILITY OR CONTROL OVER THE CHARACTER OR BACKGROUND OF THE USERS SEEKING TO OBTAIN INFORMATION OFFERED ON THIS WEBSITE. KickSwish ASSUMES NO RESPONSIBILITY OR LIABILITY REGARDING THE COMPLETENESS OR ACCURACY OF THE INFORMATION POSTED ON THIS SITE. KickSwish HAS NO ROLE IN ANY USER DECISIONS AND ACTS ONLY AS A FORUM FOR INFORMATION GATHERING AND KickSwish ASSUMES NO LIABILITY IN ANY USER DECISIONS AND THEREFORE CANNOT AND WILL NOT BE INVOLVED IN ANY DISPUTE RESOLUTION INVOLVING USERS OF THIS SITE. KickSwish AT ITS SOLE DISCRETION RESERVES THE RIGHT TO REMOVE ANY POSTING/COMMUNICATION THAT IT DEEMS EXPOSES KickSwish TO LIABILITY OF ANY KIND.
WHETHER AN ACTION IS ASSERTED ON THE BASIS OF CONTRACT, TORT LIABILITY, STRICT LIABILITY, OR ANY OTHER ASSERTED LIABILITY, WHETHER BASED ON WARRANTED OR ASSERTED EXPRESS OR IMPLIED WARRANTIES, KickSwish DOES NOT ASSUME ANY LIABILITY FOR DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR ANY OTHER DAMAGES ARISING OUT OF USE OF THIS WEBSITE (OR ANY LINKED SITES). USERS ASSUME ALL RISKS, LIABILITIES, AND RESPONSIBILITIES FOR ANY AND ALL INTERACTIONS AND CONSEQUENCES THAT OCCUR AS A RESULT OF USE OF THIS SITE. USERS ASSUME RESPONSIBILITY FOR ANY AND ALL POSSIBILITY OR CONSEQUENCE OF RISK INCLUDING, BUT NOT LIMITED TO, PHYSICAL, PSYCHOLOGICAL HARM, DAMAGES FOR LOSS OF USE OR IMPAIRMENT OF PROPERTY, LOST PROFITS, OR ANY OTHER LOSS, AS A RESULT OF DEALING WITH STRANGERS, FOREIGN NATIONALS, MINORS, IMPERSONATORS AND SHOULD TAKE APPROPRIATE STEPS TO LIMIT THEIR EXPOSURE TO DANGER.
ANY DAMAGE(S) TO PERSON OR PROPERTY ARISING OUT OF USE OF THIS WEB SITE IS STRICTLY ASSUMED BY THE USER. YOU RELEASE AND HOLD HARMLESS KickSwish FOR EACH AND EVERY CLAIM OF ANY AND ALL NATURE ARISING OUT OF YOUR INTERACTION WITH ONE OR MORE USERS OR ANY OTHER USER ON THIS SITE FROM CLAIMS, DEMANDS, DAMAGES WHETHER KNOWN OR UNKNOWN, DIRECT OR INDIRECT, SUSPECTED OR UNSUSPECTED.
CALIFORNIA RESIDENTS. IF YOU RESIDE IN THE STATE OF CALIFORNIA YOU EXPRESSLY WAIVE CALIFORNIA CIVIL CODE 1542 D WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
THE ABOVE PARAGRAPHS MAY NOT APPLY TO INDIVIDUALS RESIDING IN JURISDICTIONS THAT DO NOT ALLOW THE OR LIMITATION OF LIABILITY TO THE FULL AND COMPLETE EXTENT DESCRIBED IN THE ABOVE PARAGRAPHS. IF THE FOREGOING EXCLUSION OF LIABILITY IS HELD TO BE INVALID OR UNENFORECEABLE FOR ANY REASON, THE MAXIMUM COLLECTIVE LIABILITY OF KickSwish, ITS OFFICERS AND EMPLOYEES,FOR ANY AND ALL CLAIMS, LAWSUITS, AND LEGAL AND EQUITABLE CAUSES OF ACTIONS ASSERTED SHALL NOT EXCEED $100.
If you are unhappy or dissatisfied with KickSwish services or any related or linked sites and/or The Terms of Agreement of Use your sole remedy is to stop using KickSwish.
YOU AGREE to defend, indemnify, and hold harmless KickSwish, its owners, officers, directors, employees, agents, representatives, attorneys, staff harmless from any and all liability, claims, actions, loss or demands, including but not limited to, all fees, including but not limited to, legal and accounting fees, alleging or resulting from your use of Site and/or breach of terms of our Terms and Conditions.
KickSwish reserves the right to delete at its own discretion any and all information it finds offensive. KickSwish is under no obligation to validate, authenticate, or confirm the information posted on this Site. However, if KickSwish chooses to validate, authenticate, confirm the information you post when you register to use this site, or you breach any of the terms and conditions of use of this site, KickSwish will terminate your use of this site. KickSwish reserves the sole right in its own discretion to terminate user access if a user has violated any terms of this agreement. KickSwish reserves the right to terminate user access if a user has not accessed the Site for a period of one year. Account Information. USERS: invalid information in your account, including but not limited to, email address will result in termination of your account and loss of posts without notification.
KickSwish reserves the right at its sole discretion to disclose any information KickSwish considers necessary to satisfy applicable administrative, regulatory, local, state, federal, and/or international law.
KickSwish reserves the right to change the format and structure of its web pages and service without prior notice. Changes might cause a temporary interruption in service without prior notice. KickSwish assumes no liability for any and all damages arising from any and all interruptions in service.
KickSwish reserves the right to make changes at any time necessary to the Terms and Conditions of use without express notice to users. Any and all changes are immediately in force upon posting on this Site and you are charged with knowledge of any changes that appear on the Site.
There is no fee for general use of KickSwish. KickSwish charges certain fees for user advertising and for general advertising. KickSwish reserves the right to change fee schedules without notice. If you are an user and/or advertiser on Site you represent that any credit card information that you supply is true and complete. YOU AGREE that any and all charges incurred by you will be honored by your credit card company and that you will pay all charges incurred by you at the posted prices, including any applicable taxes. If you are billed via U.S. Postal Service or email, YOU AGREE to pay within 30 calendar days of receiving your bill.
An invoice will be sent to you via email at the end of every month. You have thirty (30) calendar days to make payment. Failure to make timely payment will result in termination of your account and loss of all purchased postings Failure to pay in a timely manner will result in termination of your advertisements.
You are expressly prohibited by law from reproducing and/or distributing Software for any purpose and by any means without the express written permission of KickSwish. Violators will be prosecuted to the maximum extent permitted under law.
YOU AGREE to review the Terms and Conditions of Use and Privacy Agreement from time to time since your use of Site is conditioned upon your agreement to the Terms and Conditions of Use and Privacy Agreement. This Agreement represents the total agreement between you and KickSwish.
Any disagreement arising out of use of this site shall be governed by the applicable State of California laws. You agree to submit exclusively to the court of jurisdiction in Los Angeles County, California for any and all disputes arising out of use of the KickSwish site. If any court finds any clause of this Agreement unlawful you agree that you will agree that for purposes of litigation you will agree that the court should view the intentions of the parties as if that clause were legally binding. You agree that all other clauses of this Agreement will remain legally bounding even if one or more clauses are adjudicated to be invalid.