Legal

Ah yes, the legal page. We know you can’t wait to read this scintillating bit of prose, but hey, if you’re into that kinda thing, go for it! It’s the place for cautionary stuff like:

  • Please don’t follow our advice. If you choose to do so, it is at your own risk.
  • Information on KD’s Bricktown is highly likely to contain errors or inaccuracies.
  • Home improvement can be dangerous, even downright life-threatening. If you’re not a pro, consult one before taking on any project.
  • Some products we actually review based on our direct experience (these will typically have the word “review” in the title). Clever, huh?
  • Many but not all “Buy Now” or similar links are affiliate links in which we might earn commissions ranging from several cents to multiple dollars! However, sadly, not enough to feed our children.
  • Email, comments or posts sent to KD’s Bricktown are considered our property and all correspondence is considered available for publication. We may also stroke and edit your correspondence lovingly while reciting “my precious” over and over again.

Our team of legal eagles said that the section above was barely worth the paper it’s printed on. Since it’s not technically printed on any paper, we figured they meant it in a bad way. So rather than rely on that iffy text above, you’ll find all our actual legal and terms of service info below. The lawyers say it’s super-important, so make sure you read every last word of it before venturing into the wilds of kdsbricktown.com!

KD’s Bricktown TERMS OF SERVICE

THIS TERMS OF WEBSITE AGREEMENT (“AGREEMENT”) IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU (“YOU,” “YOUR” OR “YOURSELF”) AND kdsbricktown.com (“OUR,” “US,” “WE” OR “KD’s Bricktown”), WHICH GOVERNS YOUR USE OF OUR INTERNET-BASED WEBSITE TOGETHER WITH ALL INFORMATION, CONTENT, PRODUCTS, MATERIALS AND SERVICES MADE AVAILABLE TO YOU THROUGH THE SAME BY US AND/OR THIRD PARTIES (COLLECTIVELY, “THE WEBSITE”). PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO USING THE WEBSITE. BY REGISTERING FOR, USING OR OTHERWISE ACCESSING THE WEBSITE, OR ANY COMPONENT THEREOF, IN ANY MANNER WHATSOEVER, YOU ARE CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS HEREIN. IF, FOR ANY REASON, YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DISCONTINUE ANY REGISTRATION PROCESS AND DO NOT ACCESS OR USE THE WEBSITE IN ANY MANNER.

When we refer to the “use” of the Website in this Agreement, we mean any actual or attempted access or use of the Website, including, without limitation, any transmission, exchange of information or communication associated with the Website. These terms and conditions, together with any other terms of use applicable to other KD’s Bricktown owned or controlled websites and any other policies, rules and provisions which are described, linked or otherwise referred to and form a part of this Agreement, including, without limitation our Privacy Policy constitute the entire agreement between you and us, superseding any and all prior or inconsistent understandings, representations or agreements regarding the Website.

1. ACCESS TO THE WEBSITE

Subject to certain limitations as described herein, you are granted the right to access our text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Content”) under certain terms and conditions as set forth in this Agreement. In order to use the Website, you must obtain access to the Internet and pay any fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet and to be able to access the Content. Certain areas and functions of the Website may require registration, while other areas and functions do not.

2. KD’s Bricktown PRIVACY POLICY

KD’s Bricktown takes your privacy seriously and operates under the policies and principles outlined in its Privacy Policy, which contains important information and disclosures relating to the collection and use of your personally identifiable information in connection with your use of the Website.

3. WEBSITE OPERATION

KD’s Bricktown will make reasonable efforts to keep the Website operational. However, certain technical difficulties, routine site maintenance/upgrades and any other events outside the control of KD’s Bricktown may, from time to time, result in temporary Website interruptions. KD’s Bricktown also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of the Website with or without notice. You agree that KD’s Bricktown shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the Website.

4. ABILITY TO ACCEPT TERMS OF WEBSITE

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website. There are lots of other great websites for you. Talk to your parents about what sites are appropriate for you.

5. USER RESTRICTIONS

(a) By using the Website, you acknowledge and agree that you have no right to provide any files obtained through the Website to any other party or through any other means. You agree that you will not duplicate or otherwise reproduce the Content, or any portion thereof, onto any physical medium, memory or device now known or hereinafter devised. In addition, you agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any Content protection methods.

(b) You may not use or allow others to use the Website, directly or indirectly, nor upload, distribute, transmit, communicate, link to, publish or access any data, information or material through, using or otherwise in connection with the Website, that: (1) is libelous, defamatory, vulgar or obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically or otherwise objectionable or offensive, discriminatory or abusive; (2) violates any law or regulation or the rights of others; (3) causes duress, distress or discomfort to another or is likely to deter or discourage others from using the Website; and/or (4) infringes any intellectual property, proprietary rights or confidentiality obligations of others. You are solely responsible and liable for any such activity, behavior, use and conduct. We have no liability and you bear the sole and exclusive risk associated with use of or reliance on the accuracy, quality, completeness, reliability or usefulness of any data, information or material in connection with your use of the Website. You also may not use, nor allow others to use the Website, directly or indirectly, to: (x) attempt to or actually disrupt, impair or interfere with, alter or modify the Website or any information, data or materials posted and/or displayed by us or anyone else; (y) act in a way that affects or reflects negatively on us, the Website, or anyone else; (z) collect or attempt to collect any information from others including, without limitation, personally identifiable information, without such party’s prior consent. You agree to comply with all local, state, federal laws, statutes, rules and regulations, as well as any international treaties, which are applicable to your use of the Website.

(c) You are prohibited from violating or attempting to violate the security of the Website, including, without limitation: (1) accessing data not intended for you or logging onto a processor, communications or access device or account which you are not authorized to access; (2) attempting to probe, scan or test the vulnerability of the Website or to breach security or authentication measures, regardless of your motives or intent; (3) attempting to interfere with or disrupt the Website or Website to any user, processor, host or network, including, without limitation, by submitting a virus, worm or Trojan horse; or (4) sending unsolicited e-mail or other information, including promotions or advertising. Violations of system or network security or this Agreement may result in civil or criminal liability. We have the right to investigate occurrences, which may involve such violations and we may involve, provide information to and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

(d) You agree not to use the Website for any commercial uses unless you obtain KD’s Bricktown’s prior written approval. Such commercial uses include without limitation (1) the sale of access to the Website; and (2) the sale of advertising, sponsorships, or promotions placed on or within the Website or Content.

6. THIRD PARTY CONTENT PROVIDERS

In some cases, KD’s Bricktown derives its rights to use the Content offered on the Website from third party content owners (“Content Providers”) for fixed periods of time. As well, KD’s Bricktown is sometimes required to pull certain Content off the Website for legal reasons. Therefore, certain Content offered or advertised by KD’s Bricktown may not be available when you try to access it, and not all Content is available in all countries or territories.

7. LINKS TO OTHER SITES

The Website may contain hyperlinks and pointers to other sites on the Internet that may be maintained by third parties (“Other Sites”). If you use the hyperlinks to access these Other Sites, you will leave the Website and your browser will be re-directed to the Other Sites. The Other Sites may have their own terms of service and privacy policy and those Other Sites may have different practices and requirements than the Website. KD’s Bricktown may not have knowledge of, and is not responsible for, the content, information, Websites, products or advertisements presented by any Other Site which you use at your own risk. KD’s Bricktown does not warrant or make any representation regarding the legality, accuracy, quality or authenticity of content, information, Websites or products presented by Other Sites. The hyperlinks to Other Sites do not constitute an endorsement by KD’s Bricktown of any Other Site(s) or resources, or their content, information, services or products. The Website is only providing these links to you as a convenience. The terms of service and privacy policy of any Other Sites shall apply to your access and use of them. KD’s Bricktown accepts no responsibility for the content or conduct of Other Sites

8. THIRD PARTY CONTENT POLICY

Please note that with regard to any content made available on or through the Website which contains or displays a third party logo or which is provided via a third party’s player and is hosted on a third party’s servers; KD’s Bricktown does not have the ability to permanently remove all or any such content from the third party’s servers. Therefore, if you have a complaint concerning any video content made available on the Website that is provided by a third party, you should contact the third party directly in accordance with copyright policies of the third party. If you believe that your work is available on the Website via a third party player in a way that constitutes copyright infringement, please: (1) contact the third party directly in accordance with its copyright policies; and (2) contact KD’s Bricktown by sending us a notice in accordance with the provisions of Section 10, below.

9. INTELLECTUAL PROPERTY RIGHTS

(a) The Content available through the Website is the property of KD’s Bricktown or its Content Providers and is protected by copyright and other intellectual property laws. Content received through the Website may be accessed for your personal, non-commercial use only.

(b) You acknowledge that KD’s Bricktown retains exclusive ownership of the Website and all intellectual property rights associated therewith. The Website contains proprietary and confidential information that is protected by copyright laws and international treaty provisions. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the Website or the Content, and KD’s Bricktown reserves all rights not expressly granted hereunder.

You may not:

• Frame or mirror any part of the Website without our express prior written consent.
• Create a database by systematically downloading and storing all or any Content.
• Copy, reproduce, transfer or access (except as expressly authorized by this Agreement), re-license, reverse engineer, decompile, disassemble, translate, publish, transmit, distribute, display, broadcast, re-broadcast, redistribute, modify, create derivative works from, capture or store in any physical media, market, rent, sell, lease, sublicense, or participate in any sale of or exploit in any way, in whole or in part, directly or indirectly, the Website or any related software.
• Use any robot, spider, rover, scraper, offline readers, site search/retrieval applications or any other data mining technology or automatic or manual process, system or software to monitor, cache, frame, mask, extract data from, copy or distribute the Content (except as may be a result of standard search engine or internet browser usage) or circumvent the navigational structure or presentation of the Website, without the express prior written consent of KD’s Bricktown.
• Bypass any measures KD’s Bricktown may use to prevent or restrict access to the Website.

(c) KD’s Bricktown logos and other trademarks on the site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by KD’s Bricktown and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner

(d) You shall promptly notify KD’s Bricktown in writing upon your discovery of any unauthorized use or infringement of the Website or the Content or KD’s Bricktown’s patent, copyright, trade secret, trademarks or other intellectual property rights. Except as expressly provided for herein, any copy or use of any portion of the Website shall constitute an act of copyright infringement and a breach of this Agreement. Furthermore, KD’s Bricktown may in its sole discretion pursue any other available rights or remedies at law or in equity for a violation of this Agreement or such copyright infringement.

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