Terms and Conditions
GENERAL TERMS AND CONDITIONS FOR USING THE SERVICES AVAILABLE THROUGH THE WEBSITE KICK-ASS TOONS
Last Updated on 12.08.2016
1. ACCEPTANCE OF THE TERMS
Thank you for using Kick-Ass Toons. These General Terms and Conditions (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Kick-Ass Toons website at http://www.Kick-AssToons.com (the “Website”), including but not limited to delivery of information via the Website.
Please read these Terms carefully. By accessing or using the Website, you are agreeing to these Terms and concluding a legally binding contract with Powerful Marketing Solutions Lukasz Adamski, a company incorporated and existing under the laws of the Poland. Do not access or use the Website if you are unwilling or unable to be bound by the Terms. You can accept the Terms by: Clicking to accept or agree to the Terms, where it is made available to you in the user interface of the Website; or Actually using the Services. In this case, you understand and agree that PLRShark will treat your use of the Services as an acceptance of the Terms.
2. DEFINITIONS Powerful Marketing Solutions Lukasz Adamski is a commercial company, providing the Services administered through the Website We "We", "us" or "Kick-Ass Toons" refers to Powerful Marketing Solutions Lukasz Adamski. Powerful Marketing Solutions Lukasz Adamski (http:// Kick-AssToons.com) is a web- based Internet platform, owned by Powerful Marketing Solutions Lukasz Adamski, a company incorporated and existing under Polish law, registered under company number 9721088159 (NIP), having its seat and registered office at Winogrady 66, 61-659, Poznan, Poland, which enables users to use the Services, which are the subject of these Terms and Conditions. User "User" or "you" or "your" refers to you, as a user of the Services. A user is someone who accesses or uses the Services for the purpose of practicing marketing, sharing, displaying, hosting, publishing, transacting, uploading information, viewing pictures, and includes other persons jointly participating in using the Services, including without limitation a user having access to the Kick-Ass Toons. Services "Services" include any and all services, which Powerful Marketing Solutions Lukasz Adamski may offer to the User, through the Website, including access to the Kick-Ass Toons. User Account "User Account" is a separate part of the Website, containing User information required by Kick-Ass Toons during registration. The User Account is accessed by the User through entering an email, username and a password. Content "Content" will include (but is not limited to) tutorials, programs, images, photos, audio, video, location data and all other forms of information or data. Kick-Ass Toons Content "Kick-Ass Toons" means content that Kick-Ass Toons creates and makes available in connection with the Services, including, but not limited to: visual interfaces, interactive features, graphics, design, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with the activities associated with your User Account and all other elements and components of the Services and third party content. "Third Party Content" means content that comes from parties other than PLRShark or its Users and is available in or through the Services.
4. CHANGES TO THE TERMS Kick-Ass Toons may amend, change or update these Terms and Conditions, from time to time, entirely at its own discretion. You shall be responsible for checking these Terms, from time to time, and ensuring continued compliance with these Terms. Your use of the Services after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed Terms and an assent to be bound by such changed/amended Terms
5. TRANSLATION OF THE TERMS Kick-Ass Toons may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is only for your convenience and that the English version shall govern the terms of your relationship with Kick-Ass Toons. In case there are any inconsistencies between the English version of the Terms and its translated versions, the English version of the Terms shall prevail.
6. CONTENT Responsibility for your content If you write a review or give feedback, you represent and warrant that you are the sole author of that review; the review reflects an actual experience that you had using our services or the Kick-Ass Toons; you were not paid or otherwise remunerated in connection with your authoring or posting of the review; and you had no financial, competitive, or other personal incentive to post a review that was not a fair expression of your honest opinion. USER REVIEWS DO NOT REFLECT THE OPINION OF Kick-Ass Toons Right to use your content. By submitting your content you hereby irrevocably grant us a perpetual, irrevocable, non-exclusive, royalty-free right to use the published content By “use” we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote and create derivative works. You grant us the right to use the name or username that you submit in connection with your content. You irrevocably waive, any claims and assertions of moral rights with respect to your content brought against us, any third party services and our and their users. Ownership of Content We own the Kick-Ass Toons Content, including, among others, visual interfaces, interactive features, graphics, design, compilations, including (but not limited to) our database of user content and other Website Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Website, excluding user content and Third Party Content. We also own the copyrights, trademarks, trade names, and other intellectual and proprietary rights ("IP Rights"), associated with the Kick-Ass Toons Content, the Website. This means that you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit the Kick-Ass Toons Content, in whole or in part, except as expressly authorized by us. Content Removal We reserve the right, at any time and without prior notice, to remove, block, or disable access to any content that we, for any reason or no reason consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our Users in our sole discretion.
7. DELIVERY Having verified the payment under Section 13 below, Kick-Ass Toons undertakes to grant the User access to the CPA Marketing Genius PLR Program through the User Account or e-mail of the User within 24 hours of the verification of the payment.
8. RETURN, WITHDRAWAL AND REIMBURSEMENT PLRShark undertakes to reimburse the User in full with the amount that the User paid for the Kick-Ass Toons if, for any or no reason, the User is not satisfied with the results achieved by using the Kick-Ass Toons. You may unilaterally withdraw from your contract with PKick-Ass Toons within 14 days of the date of the purchase. You, as a User, are to receive the amount paid to Kick-Ass Toons via the same means you used to make the payment to Kick-Ass Toons when purchasing the Kick-Ass Toons. In order to exercise your right of withdrawal under Directive 2011/83/EU, please use this fillable form. The refund will be issued within 14 days of the cancellation. Withdrawal Letter
9. RESTRICTIONS Without limiting the generality of these Terms, in using the Services, you specifically agree not to post or transmit any content or engage in any activity that, in our sole discretion: Violates our policies, for example, by writing a fake or defamatory review, trading reviews with other Users, or compensating someone for writing or removing a given review; Violates any third party's rights, including copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; Violates those Terms; Violates any applicable law; Threatens, harms, harasses others, or promotes discrimination; Promotes a business or other commercial venture or event, or otherwise uses the Website for commercial purposes; Engages in keyword spamming, or otherwise attempts to manipulate the Website's search results; Solicits personal information from minors, or submits or transmits pornography. Apart from that, the User agrees not to: Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works, publicly display, sell, trade, or in any way exploit the Website or its Content. Use any robot, spider, site or mobile app search/retrieval application in the Website; Make attempts to reverse engineer any portion of the Website; Remove or modify any IP rights notice that appears on any portion of the Website or on any materials printed or copied from the Website; Record, process, or mine information about other Users; Attempt to gain unauthorized access to the Website, the User Accounts, the Kick-Ass Toons, computer systems or networks connected to the Website, through hacking, password mining or any other means; Use the Website or any Content to transmit any computer viruses, worms, Trojan horses or other items that could be of a destructive nature (collectively, "Viruses"). When a particular action is not explicitly referred to in this clause, but is an obvious violation of Art. 7, the clause should be interpreted broadly, in favour of Kick-Ass Toons, and this action should be considered as if it was included in this clause
11. THIRD PARTY WEBSITES AND CONTENT The Services may contain, or you may be sent through the Website to, links to other websites (“Third Party Websites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other Content or items belonging to or originating from third parties ("Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, safety or completeness by Kick-Ass Toons and Kick-Ass Toons is not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through the Website. You agree that we are not responsible for the availability or Third Party Content of such Third Party Websites. Your use of Third Party Websites is solely at your own risk.
12. ADVERTISING The Services may be supported by advertising revenue and may display advertisements and promotions. Parts of the Website may contain such advertising information or promotional material or other material submitted to Kick-Ass Toons by third parties. Responsibility for ensuring that material submitted for inclusion on the Website complies with the applicable international and national laws is on the party providing the information/material. Your correspondence or business dealings with, as well as the participation in promotions of, advertisers other than Kick-Ass Toons, found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such advertiser. Kick-Ass Toons will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertisers on the Website.
13. USER FEEDBACK. SUGGESTIONS AND IMPROVEMENTS By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual right to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, against Kick-Ass Toons and its users, any claims and assertions of any moral rights contained in such Feedback.
14. PAYMENT Payment is done exclusively via PayPal. Payments via credit or debit card are also possible via the PayPal interface. All credit/debit cardholders are subject to validation checks and prior authorisation by the card issuer. If you are not using your own PayPal account, credit or debit card to pay for the subscription or order, you must ask the permission of the PayPal account holder or credit or debit cardholder before entering the payment details. By clicking "Submit" you are confirming that you have obtained the express prior permission of the PayPal account holder or credit or debit cardholder. Following clearance, payment will be debited from your account upon receipt of your subscription/order by Powerful Marketing Solutions Lukasz Adamski. If the issuer of your payment card refuses to authorise payment to Powerful Marketing Solutions Lukasz Adamski, we will not be able to process your subscription request or order and a message will appear informing you that the transaction cannot be processed. Powerful Marketing Solutions Lukasz Adamski, together with its business partners, takes all reasonable care to ensure that its payment system is secure. All PayPal and payment card transactions made through the Website are processed using a secure online payment gateway (Secure Socket Layer (SSL) technology) that encrypts your card details in a secure hosting environment. We do not hold your payment card details on the Powerful Marketing Solutions Lukasz Adamski server.
15. INDEMNITY You are responsible for maintaining the confidentiality of your username, password and your User Account, as well as all activities that occur under your User Account. You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective directors, owners, employees, agents, representatives and assigns harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions) incurred by the abovementioned in connection with any claim arising out of any breach by you of these Terms or claims arising from your use of the Website and/or your User Account. You agree to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defence and control of any matter otherwise subject to indemnification by you. We will use reasonable efforts to notify you of any such claim, action or proceeding.
16. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES, ACCESSIBLE ON OR THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT, PERMITTED BY THE APPLICABLE LAW, Powerful Marketing Solutions Lukasz Adamski DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE FACT THAT: (I) THE SERVICES, ACCESSIBLE ON OR THROUGH THE WEBSITE MAY BE TRADED OR SUITABLE FOR A SPECIFIC PURPOSE, (II) THE SERVICES, ACCESSIBLE ON OR THROUGH THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION AND ERRORS, (III) DEFECTS WILL BE RECTIFIED, (IV) THERE ARE NO BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES, FOLLOWING THE ACTIONS OF THIRD PARTIES, (V) THE SECURITY METHODS USED WILL BE SUFFICIENT FOR THE PROTECTION OF THE SERVICES AND THEIR USERS, AND (VI) WITH REGARD TO THE CORRECTNESS, ACCURACY OR RELIABILITY, THERE WILL BE NO LOSS OF DATA, CONTENT OR INFORMATION. DOWNLOADING OR OTHERWISE OBTAINING MATERIALS THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE PHONE, TABLET OR OTHER DEVICE OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL. Powerful Marketing Solutions Lukasz Adamski WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE Kick-Ass Toons SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. THE COMMUNICATION WITH Kick-Ass Toons, WHETHER WRITTEN OR ORAL, IN CONNECTION TO, TROUGH THE OR AS A RESULT OF USING THE SERVICES SHALL NOT CREATE ANY WARRANTIES NOT EXPRESSLY STATED IN THE TERMS. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORIZED TO DO SO IN WRITING, YOU AGREE THAT WHEN USING THE SERVICES, YOU WILL NOT USE ANY TRADEMARK, TRADE NAME OR LOGO OF ANY COMPANY OR ORGANIZATION IN A WAY THAT IS LIKELY TO CAUSE CONFUSION ABOUT THE OWNER OF SUCH MARKS, NAMES OR LOGOS. Kick-Ass Toons MAKES NO PROMISES WITH RESPECT TO ANY THIRD PARTIES THAT CAN BE SEEN ON THE WEBSITE OR OTHER USERS OF THE SERVICES. Powerful Marketing Solutions Lukasz Adamski IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH THE CPA MARKETING GENIUS PROGRAM ON THE WEBSITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK. Kick-Ass Toons'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES IS LIMITED TO USD 100. Kick-Ass Toons DISCLAIMS LIABILITY FOR ANY (I) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, (II) LOSS OF PROFITS AND RESULTING DAMAGE, (III) BUSINESS INTERRUPTION, (IV) REPUTATIONAL HARM, OR (V) LOSS OF INFORMATION OR DATA. 17. DISPUTE RESOLUTION You agree that any and all disputes and claims, arising out of or in connection with these Terms, the Website, the Services and the "Kick-Ass Toons" shall be resolved individually, without resort to any form of class action. Any and all claims, judgments, and awards shall be limited to the greater of: the actual out-of-pocket amount paid by you to Kick-Ass Toons for accessing the Website, the Services and/or the "CPA Marketing Genius Program" or USD 100, but in no event attorneys' fees; and under no circumstances you will be permitted to obtain awards for, and each User hereby waives all rights to claim punitive, incidental, consequential damages or any other damages other than actual out-of-pocket expenses for using the Services of Kick-Ass Toons. This Agreement and all rights and obligations in connection with it are governed by Polish law. Any disputes between the Parties arising from this Agreement shall be heard and determined by the Sad Okregowy in Poznan. Kick-Ass Toons fully complies with the applicable EU Laws and Regulations. Under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, the EU Commission has provided for an internet platform for the online resolution of disputes (“ODR Platform”). The online dispute resolution platform can serve as a contact point for out-of-court resolution of disputes arising from online purchase contracts or service contracts. The online dispute resolution platform is available via the internet address http://ec.europa.eu/consumers/odr.
19. TERMINATION You may terminate the Terms at any time by closing your User Account, discontinuing your use of the Website or providing Kick-Ass Toons with a notice of termination. We may close your User Account, suspend your ability to use certain portions of the Website and/or ban you altogether from using the Services for any or no reason and without notice or liability of any kind. Any such action could prevent you from accessing your User Account, the Website, Kick-Ass Toons Content and/or any other related information. In the event of any termination of these Terms, whether by you or us, Sections 2, 6, 7, 9, 12, 13, 14, 15, 16 and 17 will continue in full force and effect, including our right to use your content as detailed in the provisions of Section 6.
20. GENERAL TERMS We reserve the right to amend, update, or discontinue the Website at our sole discretion, at any time, with or without reason, and without notice or liability. We may provide you with notices, including those regarding changes to the Terms, by email or through the Website. Except as otherwise stated in Section 9 above, nothing in those Terms is intended, nor will be deemed, to confer rights or remedies upon any third party. The Terms contain the entire agreement between you and Kick-Ass Toons regarding the use of the Website. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated so that the Terms shall otherwise remain in full force and effect. The section titles in the Terms are for convenience only and have no legal or contractual effect.
21. CONTACT In order to address a question, to resolve a complaint regarding the Website or the Kick-Ass Toons Services, or to receive further information regarding the Services, please contact Kick-Ass Toons using one of the following methods: Address: Winogrady 66, 61-659, Poznan, Poland contact: http://killermarketing.com/support