Terms

Terms of Use

Updated: May 31, 2010

Acceptance of Terms

By using any Kabongo website, you agree to adhere to these terms. Kabongo reserves the right to modify these terms without notice. If you are a parent or guardian and you provide your consent to your child’s use of the site, you agree to be bound by these Terms of Use in respect to their use of the website as well. If you do not agree to these terms, you cannot use any Kabongo website. The most recent terms are located at www.skatekids.com/terms. You should revisit this page occasionally to review the terms and conditions.
There may also be Kabongo products and services that have posted rules and regulations. These rules and regulations, when they appear, should be considered to be part of these terms and conditions.

Accounts

Kabongo provides several types of membership accounts for its websites. By using our websites, you agree to our right to change the account structure, services offered, pricing or any other aspect of the service at any time.

Kabongo Intellectual Property

The content, arrangement and layout of all Kabongo websites, including, but not limited to, the trademarks, service marks, package designs, text, art work, graphics, images, buttons, screen shots, music, digitally downloadable files, other content, and the compilation of the foregoing ("Content") are the property of Kabongo, except where otherwise noted, and are protected from copying, imitation, communication, or simulation under domestic and international laws and are not to be reproduced, communicated, displayed, distributed, or transmitted without the express written permission of Kabongo.
Kabongo websites may also contain references to other company brands and product names. These company brands and product names are used herein for identification purposes only and may be the trademarks of their respective owners. The images of people or places displayed, forms, structures, and graphics displayed or found within any Kabongo website are either the property of Kabongo, or used with permission. Kabongo may be, but is not necessarily, sponsored by or affiliated with any owners of the other company brands and product names appearing on any Kabongo website, and makes no representations about them, their owners, their products or services.
Any unauthorized use of the materials, structure, sequence, arrangement, or design of any Kabongo website, or trademarks, service marks, or trade dress found within any Kabongo website may violate civil or criminal laws, including, but not limited to, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. By visiting any Kabongo website, you understand and acknowledge that you do not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any materials or information displayed on any Kabongo website. You agree not to display or use any Content or third party content located on any Kabongo website in any publications, in public performances, for any commercial purpose, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Kabongo, or its licensors, that dilutes the strength of Kabongo or its licensor’s property, or that otherwise infringes Kabongo or its licensor’s intellectual property rights.

Cancellation

You understand and agree that you have no ownership rights to your Kabongo website account. Kabongo may cancel your account and delete all content associated with your account at any time, and without notice, if we deem that you have violated the terms of this agreement, or for any other reason. Kabongo assumes no liability for any information removed from our website for violating these terms.
You may also cancel your account at any time. This cancellation takes effect immediately. After a cancellation, Kabongo will remove all content associated with your account.
We reserve the right to permanently restrict access to our products and services to members who have had their accounts cancelled.

Security of Kabongo Name and Passwords

Kabongo website accounts are protected by username and passwords. You agree to keep your password secure and not to disclose it to anyone. You also agree not to solicit or use another member’s account and password. You are solely responsible for any and all use of your account.

House Rules

Members of any Kabongo website agree to not do any of the following:

  • Create, upload, transmit or make available in any way any material that harms children in any way. We mean it!
  • Solicit personal information from any member. Don’t ask and don’t tell.
  • Create, upload, transmit or make available in any way any text, messages, images or files that are derogatory, defamatory, abusive, threatening, vulgar, obscene, bigoted, hateful, racially offensive, insulting or that violates any person’s privacy (including but not limited to posting pictures, full names, email addresses, addresses, or phone numbers). In other words, “Play nice”.
  • Use Kabongo services to transmit junk mail, chain letters, unsolicited mass email, spam, spim, or comment spam. Don’t be annoying.
  • Post information that you know is false, misleading, or that promotes illegal activity. No lying and no doing bad things.
  • Use Kabongo to promote any products or services (whether for profit or not for profit), or solicit others for commercial products or services of any kind. This is our site, not yours. Peddle your goods somewhere else.
  • Impersonate any person or misrepresent yourself or your association with any person or group. Don’t lie – be yourself.
  • Create, upload, transmit or make available in any way any content that violates any third party’s legal rights, or any domestic or international law or regulation. If it’s not yours, don’t use it.
  • Upload, transmit, or make available in any way any content that you do not have the right to transmit under any law, contract, or fiduciary agreement. Again, if you don’t own it, you can’t use it.
  • Create, upload, transmit or make available in any way any files, computer codes, or software programs that contain software viruses or any other type of harmful material that is intended to disrupt, destroy, or limit the functionality of computer or network hardware or software products or services. No bugs please.
  • Interfere, disrupt, or create an undue burden on any network services provided by Kabongo. Don’t hog the site and ruin it for others.

We reserve the right to remove any material or cancel the account of any person we determine violates any of these terms. We also reserve the right to turn over to law enforcement personnel any content created, uploaded, transmitted, distributed or made available in any way on any Kabongo website that we deem may be in violation of these terms or any applicable law. Furthermore, we reserve the right to prosecute fraudulent orders.

If you believe that content on any Kabongo website infringes upon your intellectual property rights, please contact our designated agent at copyright@kabongo.com or by mail at Copyright Agent, 5801 Christie Avenue, Suite #470, Emeryville, CA 94608. In your correspondence, you must include your name, the work you believe has been infringed along with any relevant registration numbers, identification of the work on the Kabongo website that you believe infringes your work, your contact information, confirmation that you have a good faith belief that the material you are concerned about was not authorized by the rights owner, confirmation that the information you are submitting to us is accurate and under penalty of perjury you are authorized to act on behalf of the rights holder, and your signature. Our agent information is provided pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2). Our designated agent will respond only to these trademark or copyright issues; for general questions please email info@kabongo.com.

Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT KABONGO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KABONGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITES OR SERVICES; (ii) 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 WEBSITES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITES OR SERVICES OFFERED.

Indemnity

You agree to indemnify and hold Kabongo and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your Content, your use of the websites or services, your connection to the websites, your violation of the Terms and Conditions, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the websites or services, including, but not limited to, costs incurred for Internet access.

Disclaimer

THE MATERIALS IN ANY KABONGO WEBSITE OR SERVICE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY KABONGO WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY KABONGO WEBSITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY KABONGO WEBSITE OR SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on websites that link to or from any Kabongo website. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party website that links to or from any Kabongo website or third-party content on our websites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party websites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such websites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

Contacting us about these terms

If you have any questions about these terms, or wish to report violators of these terms, contact info@kabongo.com.