TERMS AND CONDITIONS
PLEASE CAREFULLY READ THESE TERMS OF USE. YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE BY ACCESSING OR USING OUR WEBSITE OR ONLINE SERVICES. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE OUR WEBSITE OR ONLINE SERVICES.
Product Purchase
TK1 Sportswear may offer products for sale as part of the Service from time to time. TK1 Sportswear maintains the right to change the product descriptions, specifications, and prices on the Service at any time and without warning. TK1 Sportswear does not guarantee that product descriptions, specifications, or prices are always accurate, comprehensive, or current. It’s possible that such items aren’t available for shipping in your country. The fact that we send you an email confirmation after you place an order does not mean we accept it, and we reserve the right to reject it or limit the number
Trademarks and Copyrights
TK1 Sportswear, the TK1 Sportswear logo, tk1sportswear.com, the tk1sportswear.com logo, and other TK1 Sportswear trademarks and logos (the “TK1 Sportswear Trademarks”) are registered and unregistered trademarks and service marks of TK1 Sportswear, and TK1 Sportswear owns the trade dress of its products. All other trademarks on the Service (the “Third-Party Trademarks,” and together with the TK1 Sportswear Trademarks, the “Trademarks”) are the property of their respective trademark owners. The use of these trademarks without permission is illegal. Nothing on this Service or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Trademark displayed on this Service without TK1 Sportswear’s express prior written approval. The Trademarks may not be used to denigrate TK1 Sportswear or the applicable third party, TK1 Sportswear’s or the third party’s products or services, or in any way that may harm the Trademarks’ goodwill (as determined by commercially reasonable judgement). Without TK1 Sportswear’s prior written approval, use of any Trademarks as part of a link to or from any website is prohibited. TK1 Sportswear’s website will benefit from all goodwill produced by the use of any TK1 Sportswear trademark. The Service’s designs, Web pages, and source code are all copyrighted or licenced by TK1 Sportswear. All intellectual property rights are reserved.
Use Restrictions
You agree not to:
- access and/or use the Site or Site Content in any way that violates these Terms or any applicable Additional Terms;
- access and/or use the Site or Site Content in any way that violates any applicable federal, state, local, or international law or regulation;
- or access and/or use the Site or Site Content in any way that violates any applicable federal, state, local other than by uploading User Generated Content in compliance with these Terms, change any of the Site Content;
- engage in any behaviour that restricts or inhibits any other person’s use of the Site, or that, in TK1 Sportswear’s opinion, may harm or expose TK1 Sportswear or users of the Site to harm or liability;
- create or maintain any connection to any page on the Site from another website;
- use the Site for any political agenda or goals; use the Site for any commercial reasons (including, but not limited to, advertising, fundraising, collecting product pricing, and selling products);
- When accessing and/or using the Site, impersonate or attempt to impersonate another person;
- collect any data or information about users of the Site and/or their Devices, including usernames, personal information, preferences, email addresses, or account information;
- use the Site in any way that could disable, overburden, damage, or impair the Site, including their ability to engage in real-time activities through the Site;
- any Site source or object code, software, or other products, services, or processes accessible through the Site; reverse engineer, decompile, disassemble, reverse assemble, or modify any Site source or object code, software, or other products, services, or processes;
- test the Site’s or any network related to the Site’s vulnerability;
- interfere with or circumvent any Site security system, or any element that restricts or imposes limits on use of or access to the Site or the Site Content;
- use any automatic device, process, or means to access the Site for any reason, including monitoring or duplicating any of the Site Content; use any device, software, or routine that causes the Site to malfunction;
- attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site; or engage in any other conduct that is harmful to the use and enjoyment of the Site.
Policy Regarding Infringement Claims
TK1 Sportswear’s policy is to respond snappily after entering notice of contended intellectual property violation on the Service. With respect to any claimed or factual violation, TK1 Sportswear will snappily reuse and probe reports of contended violation, and will take applicable way under the Digital Millennium Copyright Act (the”DMCA”) and other applicable intellectual property laws.
The following information should be included in brand violation notices
- A physical or electronic hand of a person authorised to act on behalf of the allegedly infringed brand proprietor.
- Identification of the allegedly infringed copyrighted work
Identification of the allegedly infringing or infringing material, as well as information nicely sufficient to allow TK1 Sportswear to discover the material.
- The complaining party’s address, phone number, or dispatch address.
- A statement that the complaining party has a good faith conviction that the brand proprietor, its agent, or the law don’t authorise use of the content in the manner complained of.
- A statement, made under penalty of perjury, that the information in the announcement is true and correct, and that the complaining party is authorised to act on behalf of the proprietor of an exclusive right that’s allegedly infringed.
TK1 Sportswear reserves the right to I remove any material that it considers may infringe on a third party’s brand or other rights, and/ or (ii) circumscribe access to or from the Service for any stoner who TK1 Sportswear believes is infringing on similar rights.
Counter-Notice: If you believe that your removed (or impaired) Content isn’t infringing, or that you have authorization from the brand proprietor, the brand proprietor’s agent, or the law to upload and use the content in your Content, you may shoot a written counter-notice to the Brand Agent containing the following information identity of the content that has been removed or to which access has been impaired, as well as the place where the content appeared before it was removed or impaired;
your physical or electronic hand
a protestation that you believe the content was removed or disabled due to a mistake or misidentification; and
your name, address, phone number, and dispatch address, as well as a statement that you assent to the governance of the civil court in Suffolk County, Massachusetts, and that you’ll accept serving of process from the existent who reported the alleged violation.
Still, TK1 Sportswear will shoot a dupe of the counter-notice to the original complaining party, telling them that the removed content may be replaced or disabled in 10 business days, If the Brand Agent receives a counter-notice. The withdrawn content may be replaced, or access to it restored, in 10 to 14 business days or further following damage of the counter-notice, at our exclusive discretion, unless the brand proprietor launches an action seeking a court order against the content provider, member, or stoner.
Repeat Infringer Policy: In compliance with the DMCA and other applicable law, TK1 Sportswear has espoused a policy of terminating druggies who are plant to be repeat infringers in suitable circumstances and at TK1 Sportswear’s sole discretion. TK1 Sportswear reserves the right to circumscribe access to the Service and/ or terminate the enrollments of any druggies who infringe on the intellectual property rights of others, whether or not the violation is repeated.
Communications and Submissions
You agree not to upload or transmit any ideas, photographs, graphics, information, data, text, files, links, software, or other materials (“Content”) that: I infringe any patent, trademark, trade secret, copyright, or other proprietary rights of any party, (ii) are patently offensive or promote racism, bigotry, hatred, or physical harm of any kind against any group or individual, (iii) are patently offensive or promote racism, bigotry, hatred, or physical harm, (v) contain nudity, violence, or inappropriate subject matter, or contain a link to an adult website, (iv) exploit individuals sexually or violently, (vi) collect personal data from anybody under the age of 18, (vii) supply any phone numbers, street locations, last names, URLs, or email addresses that you may have. (viii) provide false or misleading information, or advocate illegal acts or behaviour that is abusive, threatening, obscene, defamatory, or libellous, (ix) promote any illegal or unauthorised copyrighted work of another person, (x) include “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming,” (xi) include pages with limited or password-protected access, as well as hidden pages or pictures (xii) encourage or further any criminal activity or enterprise, or give instructional information regarding illegal acts, (xiii) solicit passwords or personally identifiable information from other Users for commercial or unlawful purposes; (xiv) engage in commercial activities and/or sales without TK1 Sportswear’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (xv) imply that TK1 Sportswear endorses any of your statements or positions; (xvi) impose an unreasonable burden on the Service’s server; or (xvii) include a photograph of another person that you have taken.
By submitting Content to TK1 Sportswear through the Service, you automatically represent and warrant that you have the right to grant, and do hereby grant, to TK1 Sportswear the worldwide, paid-up, royalty-free, perpetual, irrevocable, sublicensable, assignable, non-exclusive right and licence to use, reproduce, modify, adapt, and distribute the Content in any medium, (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display any such Content (in whole or in part) worldwide and/or incorporate all or any portion of it in other works in any form, media, or technology now known or later developed for the full term of any patent, trademark, trade secret, copyright, or other proprietary rights of any party that may exist in such Content; and (b) make, use, sell, offer for sale, and import any products and/or services that practise or embody, or are configured for use in practising, all or any portion of the Content and the right to practise, including without limitation the right and licence to make, use, sell, offer for sale, and import any products and/or services that practise or embody, or are configured for use in TK1 Sportswear will not be compelled to treat any Content as secret under any circumstances (subject to the Service’s Privacy Policy). TK1 Sportswear will be free to use the Content for any purpose (as long as it complies with the Service’s Privacy Policy) without paying you or anyone else any money. For the avoidance of doubt, TK1 Sportswear will not be liable to you or anyone else for any business ideas (including, without limitation, product designs or ideas) derived from the Content, and will not be liable for any similarities to the Content that may appear in future TK1 Sportswear products or services.
You accept that you, not TK1 Sportswear, are responsible for all Content you submit, including its legality, reliability, appropriateness, originality, and non-interference with third-party rights.
TK1 Sportswear has the right to refuse to post or transmit any Content in its entirety or in part. TK1 Sportswear also has the right, but not the responsibility, to refuse, remove, or alter any Content, as an example and without limiting anything else in this Agreement (in whole or in part).
Eligibility, Registration and Account
The Sites are not directed at or intended for use by children under the age of thirteen. You represent and warrant that you are at least 13 years old by accessing the Sites. Do not access, use, or register for an account on the Sites if you are under the age of 13. Furthermore, you must be at least 18 years old to purchase anything from our Sites. You further represent and warrant that you (a) have not been previously suspended or removed from the Sites; (b) do not have more than one account per Site; and (c) have full capacity and authority to engage into this agreement and will not violate it in any way.
You will need to create an account in order to access and utilise certain areas or features of our Sites. You cannot create a screen name that incorporates a trademark without first obtaining permission from the trademark owner. We reserve the right to reclaim screen names on behalf of businesses or persons that have a legal claim to those screen names, including trademark rights.
You agree to (a) provide accurate, current, and complete information; (b) maintain and promptly update your account information; (c) keep your account credentials secure; (d) not share your account credentials with others; and (e) promptly notify TK1 Sportswear if you discover or suspect any security breaches related to your account or the Sites.
Liability Limitation
THE TK1 Sportswear PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY THE SERVICE OR ANY CONTENT ON THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, PERFORMANCE FAILURE, OR COMPUTER VIRUS. THE TK1 Sportswear PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE CONTENT OR MATERIALS ON THE SERVICE, EVEN IF THE TK1 Sportswear PARTIES ARE NEGLIGENT OR IF AN AUTHORIZED RE THE TK1 Sportswear PARTIES ARE NOT RESPONSIBLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, THAT MAY RESULT FROM LINKING TO ANY THIRD-PARTY WEBSITE.
No resale rights
You may only use the Service for personal, non-commercial purposes such as participating in the website, placing an order, or purchasing merchandise. Any other usage is banned unless TK1 Sportswear has consented to it in writing.
Hyperlinks
You are granted a limited, non-exclusive right to create a text hyperlink to the Sites for noncommercial purposes, provided that the linking site does not contain any adult or illegal material, or any material that is offensive, harassing, or otherwise objectionable. This limited permission is subject to revocation at any time. Without TK1 Sportswear’s prior written authorization, you may not use a TK1 Sportswear logo or other proprietary design to connect to the Sites. Furthermore, without TK1 Sportswear’s express written consent, you may not use, frame, or employ framing techniques to enclose any TK1 Sportswear trademark, logo, or other proprietary information, including images found on the Sites, the content of any text, or the layout/design of any page or form contained on a page on the Sites.
TK1 Sportswear makes no claim or guarantee about the quality, content, character, or reliability of third-party websites linked to the Sites or websites that are linked to the Sites. TK1 Sportswear has no control over these sites and merely provides these connections to you as a convenience. The presence of a link does not mean that TK1 Sportswear is affiliated with, endorses, or adopts any site or the information included within. You should be aware that after you leave our Sites, our terms and conditions no longer apply. Any site to which you browse through the Sites should have its own terms and policies, including privacy and data collection procedures.
Additional Conditions
You may be required to agree to additional terms and conditions that apply to some contests, promotions, or other special programmes made available through the Service in order to participate in such contests, promotions, or other special programmes (collectively, the “Program Terms”). Participation in the applicable contest promotion and/or other special programme shall be governed by this Agreement and the applicable Program Terms, with the exception that if the Program Terms and this Agreement conflict, the applicable Program Terms will prevail.
Miscellaneous
This Agreement supersedes all previous agreements or interactions between you and us. If any term of this Agreement is declared to be illegal by a court, the validity of the remaining parts of this Agreement will not be affected. No waiver against us will be effective unless it is in writing, and no such waiver will be read as a waiver in any other or subsequent occurrence.