Terms of Service | Privacy Policy

Terms of Use Agreement

Welcome to Kicktraq and the services we provide through the Kicktraq website and PledgeManager services (collectively the " Services"). The term "PledgeManager" or "Kicktraq" or "us" or "we" or "our" refers to Kicktraq, Inc., a Delaware C-Corp, the owner of the Services. The term "you" or "User" refers to the user or viewer of our Services. These Terms of Use apply to all users of our Services.

1. Acceptance of Agreement.

By using the Services you agree to comply with and be bound by the terms and conditions outlined in this Terms of Use Agreement (" Agreement") with respect to the Services. You understand and agree that you are entering into this Agreement electronically, which will have the same force and effect as an agreement in writing. Please review the following terms carefully. If you do not agree to these terms, you should not use the Services. You further agree that we may provide you with required notices and terms about the Services electronically, either by (a) posting such notice through the Services or (b) by sending you e-mail to the e-mail address that you provided to us. You may always review the most current version of this Agreement by clicking on the "Terms of Use" link on the home page of the website or mobile application of the Services.

2. Copyright and Proprietary Information.

In this Agreement the content on the Services, including all information, writings, methods, services, data, logos, marks, designs, graphics, pictures, sound files, digital download files, other files, and their selection and arrangement, is called "Content". All Content and all software available on the Services or used to create and operate the Services is the property of Kicktraq or its licensors, and is protected by domestic and international copyright laws, and all rights to the Services, such as Content and such software, are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Kicktraq.

Content provided by users is called "User Content." User Content includes, but it is not limited to, profile information supplied by users, posts, comments, and questions submitted to the Services, messaging to other users within the Services, certain biographical or business information supplied by users, technical information about the device you use to access the Services, and any information submitted by a user for display through the Services. User Content is that user's property. Kicktraq's only right to that User Content is the limited licenses to it granted in this Agreement.

We respect the intellectual property rights of others. If you believe that content on our Services is infringing a copyright that belongs to you, please contact through the method below. We will review all claims that we receive of copyright infringement. If we deem that any content is in violation of applicable laws, we will remove it.

Our designated agent under the Digital Millennium Copyright Act for the receipt of any claimed infringement notifications is:

Kicktraq, Inc.
Attention: Copyright Agent
PO Box 211
Worthington, OH 43085

To expedite our handling of your notice, please use the following format or refer to Section 512(c)(3) of the Copyright Act:

  • A description of the copyrighted work and the URL on which it appears
  • Your contact details, including email address
  • A statement that you have a good faith belief that our use of the work is not authorized
  • A statement, made under the penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf
  • An electronic or physical signature of the copyright owner or a person authorized to act on their behalf

3. Our Limited License of Content to You.

Kicktraq grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Kicktraq as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Kicktraq, in the manner permitted by the terms of this Agreement. Kicktraq grants you a limited, revocable, non-exclusive, non-sublicensable license to view, copy and print the portions of the Content available to you through the Services for personal use only or for use by your specific business; provided, however, that no Content may be distributed by you to any third parties without our express permission. Such license is subject to this Agreement and specifically conditioned upon your compliance with this Agreement. Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, this Agreement and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in this Agreement may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in this Section is revocable by us at any time.

4. Your Limited License of Content to Us.

We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to operate the website and mobile application of the Services now and in the future. We also need the right to use your User Content in order to aggregate certain raw data contained or derived from that content, in a manner consistent with our Privacy Policy [link], to provide our users additional services and information.

Therefore, by posting or distributing User Content to or through the Services, you (a) grant Kicktraq and its affiliates and subsidiaries a non-exclusive, royalty-free, sub-licensable, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from such User Content on the Services, in the manner in and for the purposes for which the Site from time to time uses such User Content; and (b) represent and warrant that (i) you own and control all of the rights to the User Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute that User Content, to or through the Services; (ii) the use and posting or other transmission of such User Content does not violate this Agreement and will not violate any rights of or cause injury to any person or entity; (iii) you will not post any material that infringes any intellectual property right of another or on the privacy or publicity rights of another; (iv) you will not post any content that is libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party; (v) you will not use the Services in a manner that anyone will find harassing or offensive; (vi) you will not engage in any type of web scraping or data harvesting of our Services without our permission; or (vii) you will not submit anything to the Services that contains a virus, Trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

Kicktraq reserves the right to remove any User Content from the Site, suspend or terminate your right to use the Services at any time, or pursue any other remedy or relief available to us under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if we are concerned that you may have breached the immediately preceding sentence), or for no reason at all. We do not pre-screen User Content, but we and any designee have the right (but not the obligation) in our sole discretion to refuse or remove any Content that is available via the Services.

If your User Content is intended for the use of other Users, you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such Users for their use in connection with their use of the Services.

These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content through the Services. And they are transferable because we need the right to transfer these licenses to any successor operator of the Services. Our rights to "modify, adapt, translate, and create derivative works from" are necessary because the normal operation of the Services does this to your User Content when it processes it for use through and on the Services.

5. Linking to the Services.

You may provide links to the Services, provided that (a) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Services, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue any of the foregoing immediately upon request by us.

6. Registration.

To use certain portions of the Services requires you to register. When registering you agree to provide us with accurate, complete registration information. You must be at least 13 years old to use the Services. Your registration must be done using your real name and accurate information. You are responsible for preventing any unauthorized use and you agree to accept all risks of unauthorized access to your registration data.

7. Advertisers.

The Services may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Services is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser's or sponsor's materials.

8. Errors, Corrections and Changes.

We do not represent or warrant that the Services will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Services will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Services at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Services. We are not obligated to create or provide support, corrections, upgrades, bug fixes and/or enhancements to the Services.

9. Third Party Content.

Third party content may appear on the Services or may be accessible via links from the Services. We are not responsible for and assume no liability for any content in a third party link, including, but not limited to, mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Services. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.

10. Unlawful Activity.

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

11. Indemnification.

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, " Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Services.

12. Disclaimer.

THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SERVICES ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL FAULTS", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN THE NEXT SECTION. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. WE OFFER NO GUARANTEE THAT ANY OF THE CONTENT ON THE SERVICES ARE CORRECT OR THAT THE SERVICES WILL LEAD TO ANY SPECIFIC OUTCOME. YOU ACKNOWLEDGE THAT ANY RELIANCE ON SUCH CONTENT IS AT YOUR OWN RISK. THE SERVICES AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SERVICES OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

KICKTRAQ IS NOT A PARTY TO ANY TRANSACTION YOU MAKE WITH ANOTHER PARTY THROUGH THE SERVICES AND YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND ANOTHER PARTY RELATED TO THE USE OF THE SERVICES IS STRICTLY BETWEEN YOU AND SUCH PARTY AND WILL BE governed by the agreed-to terms of your transaction with SUCH pARTY and any crowdfunding campaign platform you may have uSED. Kicktraq shall have no liability to you or the OTHER USER for a failed or unsatisfactory transaction.

ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

13. Limitation of Liability.

(a) Kicktraq has no control over the accuracy of the information provided by other users or the ability of any party selling or promising to deliver a product or service to do so or any party to have the ability to pay for the services for which they transact. Neither Kicktraq nor any of its affiliates shall be liable for any failed, incomplete, or unsatisfactory transaction or any other failure, technical or otherwise, of such transaction to occur as expected.

(b) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (i) any errors in or omissions from the Services or any services or products obtainable therefrom, (ii) the unavailability or interruption of the Services or any features thereof, (iii) your use of the Services, or (iv) the content contained on the Services.

(c) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT SPENT ON SERVICES OR PRODUCTS OFFERED BY THE SERVICES IN THE PAST 12 MONTHS PRIOR TO THE EVENT CAUSING LIABILITY, AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.

14. Use of Information.

We reserve the right, and you authorize us, to the use and assignment of all information regarding Services uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information about the Services communicated by you to us (collectively, a "Submission") will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

15. Privacy Policy.

Our Privacy Policy, as it may change from time to time, is a part of this Agreement. You must review this Privacy Policy by clicking on this link.

16. Legal Compliance.

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Services and the content and materials provided therein.

17. Inactive Accounts; Cancellation; Termination of Agreement.

You and/or Kicktraq may terminate this Agreement and your use of the Services at any time. Specifically, we reserve the right to terminate your user account and your use of the Services without prior notice if we believe in our discretion that you have violated or acted inconsistently with this Agreement. When your account is terminated, we may retain an archival copy of your User Content after termination for up to sixty (60) days; however, we do not make any guarantee that we will do so.

18. Miscellaneous.

You and we are independent parties, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or the licenses within it, in whole or in part, to any third party without our prior, written consent, and any attempt by you to do so will be invalid.

This Agreement shall be treated as though it were executed and performed in Columbus, Ohio, and shall be governed by and construed in accordance with the laws of the State of Ohio (without regard to conflict of law principles). Any cause of action by you with respect to the Services (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth herein. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Services is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.

19. Electronic Communications.

When you use the Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices through the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

20. Questions and Comments.

If you have any questions regarding these Terms or your use of PledgeManager please contact us here:

Kicktraq, Inc.
PO Box 211
Worthington, OH 43085
ph: 614-408-9067
Email: info@kicktraq.com

Last Updated: March 2015


Kicktraq Privacy Policy

Kicktraq, Inc. ("us" or "Kicktraq" or "PledgeManager") provides this Privacy Policy to inform users of our policies and procedures regarding the collection, use and disclosure of personally identifiable information received from users of its services including the Kicktraq website and PledgeManager services (collectively the "Services").

1. Changes.

This Privacy Policy may be updated from time to time for any reason; each version will apply to information collected while it was in place. We will notify you of any material changes to our Privacy Policy. The changes shall take effect after we notify you about the changes.

2. Your Consent.

By using the Services, you are consenting to our processing of your information as set forth in this Privacy Policy now and as amended by us. "Processing" means using cookies on a computer or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in the United States. If you reside outside the U.S. your personally identifiable information will be transferred to the U.S., and processed and stored there under U.S. privacy standards. By visiting our website or mobile applications, using the Services, or providing information to us, you consent to such transfer to and processing in the US.

3. Information Collection.

Registration with us is optional. However, please keep in mind that you will not be able to use some of the features offered through the Services unless you register with us. When you register with us and use the Services, you provide information about yourself. Depending on how you use the Services, such information that you provide to use includes: (a) your name, gender, email address, age (to comply with legal requirements), address, phone number, password and other registration information; (b) your interactions with the Services; (c) information or photographs you provide us when you contact us for help; (d) information you upload into our system when using the Services; (e) preferences and demographics based on your use of the Services; (f) credit card or online payment provider information; and (g) any additional information or content you choose to provide to us.

In addition, we collect certain information, which cannot be used to personally identify any user, and which may be provided to third parties. Such non-personal data ordinarily includes aggregate, summary, or other usage data, and may include, by way of example, statistics regarding total users, information regarding types of Internet browsers used by users, technical information about the device you use to access the Services, and website and mobile application usage patterns.

4. Use of Information.

We track usage data and user traffic patterns throughout our Services to improve the content of our Services and the quality of our Services. We may use your information (a) to deliver the Services and features desired by you; (b) to improve our services to you; (c) to personalize content and offers that may be of interest to you; (d) to respond to your inquiries; and (e) to fulfill your request for products or services. We may disclose such data only in a non-personally identifiable manner to organizations approved by Kicktraq that conduct research and to advertisers we allow to advertise through the Services. In no event will such information identify you personally unless you have given your prior consent.

We will use your contact information to contact your from time to time to provide you with important information or required notices. We will disclose your personally identifiable information if we reasonably believe we are required to do so by law, regulation or other government authority or to protect our rights and property or the rights and property of the public. We may also cooperate with law enforcement agencies in any official investigation and we may disclose your personally identifiable information to the relevant agency in doing so.

5. Cookies.

A cookie is a string of information that a website stores on a visitor's computer, and that the visitor's browser provides to the website each time the visitor returns. We use cookies to help identify and track visitors, their usage of our websites, and their website access preferences. PledgeManager visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using the Services, with the drawback that certain features of the Services may not function properly without the aid of cookies.

6. Advertising.

Advertisements that appear on the Services are delivered to users by our advertisers. We may from time-to-time use advertising network providers to help present advertisements on the Services. Advertisers use cookies, web beacons or similar technologies on your browser to help present offers, better target and measure the effectiveness of their advertisements by using data gathered on an anonymous basis over time and across their network of Web pages to determine the preference of their audiences. These cookies and web beacons do not collect any personal information from your computer, such as your e-mail address. The use of cookies and web beacons by advertisers is subject to their own privacy policies.

7. Do Not Track.

The website does not currently support Do Not Track protocols and will not respond to a Do Not Track header.

8. Children.

Any user providing personal data is certifying that he/she is over the age of 18. Children under the age of 18 are not eligible to use our Services. If a parent or guardian becomes aware that his or her child has provided us with personally identifiable information without their consent, he or she should contact us at [info@kicktraq.com]. We will delete such information from our files.

9. Acquisition.

We reserve the right to transfer your personal information in the event of a transfer of ownership of Kicktrack, Inc. such as an acquisition by or merger with another company. If an acquiring company should plan to materially change this privacy policy, we will notify you beforehand.

10. Accessing Your Personal Data.

Each user selects a unique username and password that enables their access to the Services. Users may access their account profiles at any time to update personal data contained within that account profile. Subsequent uses or disclosures of information by us will reflect those changes. Certain information is necessary in order for us to provide the services; therefore, if you delete such necessary information you may not be able to use the Services.

11. Security.

Kicktraq is very concerned about safeguarding the confidentiality of your personally identifiable information. We require password protection and use physical, electronic, and procedural safeguards to protect personal information about you. We limit access to personal information about you to employees and authorized who need to know that information in order to operate, develop or improve our services. Please be aware that, although we endeavor to provide reasonable security for information in our possession and control, no security system can prevent against all potential security breaches, and we bear no liability for uses or disclosures of personal data or non-personal data arising in connection with the theft thereof. Likewise, you are responsible for safeguarding the confidentiality of passwords to the Services, and we bear no liability for access to, or use or disclosure of personal data if such access, use or disclosure arises in connection with the theft or disclosure (whether intentional or negligent) of such user's password.

12. How to Contact Kicktraq.

If you have any questions or concerns about this Privacy Policy or its implementation, or if you believe there are inaccuracies in your account information you may contact us as follows:

Kicktraq, Inc.
PO Box 211
Worthington, OH 43085
ph: 614-408-9067
Email: info@kicktraq.com

Updated: March 2015