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TERMS OF USE


By accessing or using this website, mobile application or other SIEGE SPORTS product or service (collectively the "Platform") on any computer, mobile phone, tablet, console or other device (collectively, "Device"), you signify and represent that you have read, understand and agree to be bound by these Terms of Use and any applicable law, whether or not you are a registered user of SIEGE SPORTS Platform. SIEGE SPORTS may change these Terms of Use at any time without notice, effective upon its posting to the Platform. Your continued use of the Platform shall be considered your acceptance to the revised Terms of Use. If you do not agree to any provision in these Terms of Use, please cease using this Platform immediately.


INTELLECTUAL PROPERTY

All intellectual property on the Platform (except for User Generated Content) is owned by SIEGE SPORTS, which includes all materials protectable by copyright, trademark, or patent laws (“Intellectual Property”). All content on the Platform (except for User Generated Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content") is Intellectual Property protectable under the United States and other laws and is the proprietary property of SIEGE SPORTS.


PLATFORM USE RESTRICTIONS

You may use the Platform only for your own non-commercial use to design, customize, place an order, and purchase SIEGE SPORTS products. You agree not to change or delete any ownership notices from materials captured, downloaded, or printed from the Platform. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, create a screenshot, post, transmit, or sell any SIEGE SPORTS and third party Intellectual Property or Content appearing on the Platform, without prior written consent from SIEGE SPORTS, unless it is your own User Generated Content that you legally created and uploaded to the Platform. Unauthorized upload, reproduction, post, display, and use of third party trademarks and copyrighted works on the Platform, including logos, taglines, artwork, images, and graphics is unauthorized use of the Platform and is strictly forbidden. You assume all risk and liability associated with unauthorized use of the Platform. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license or rights of intellectual property rights to you.


PRODUCT ORDERS

All orders designed and placed through the Platform are subject to SIEGE SPORTS's confirmation and acceptance. This means that SIEGE SPORTS may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, SIEGE SPORTS will issue you a refund.


SAFEGUARD YOUR USERNAME/PASSWORD

You are responsible for any action that take place via your SIEGE SPORTS account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Platform. SIEGE SPORTS is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.


USER GENERATED CONTENT

"User Generated Content" is materials, information, data, images, photos, artwork, messages, text, designs, graphics, and any other content that you created as an original expression that you uploaded to the Platform. User Generated Content does not include Intellectual Property or Content owned by Siege Sports or third parties.


RULES REGARDING USER CONDUCT

You are solely responsible for your User Generated Content on the Platform. Do not take any action or upload anything that may expose SIEGE SPORTS or other users to any harm or liability of any type.

Do not upload User Generated Content that is illegal, offensive, libelous, defamatory, infringing, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, invasive of privacy, publicity, intellectual property, proprietary or contractual rights, offensive in a sexual, racial, cultural, or ethnic context, will harm or threaten the safety of others, or is otherwise objectionable, as determined in SIEGE SPORTS's sole discretion. Do not upload photos, images, or personal information of another person without that person's consent.

Do not register for more than one SIEGE SPORTS account, register a SIEGE SPORTS account on behalf of another individual, group or entity, or sell or transfer your profile or account. Do not use or attempt to use another person's account, username or password.

You promise that you own or control all rights in any User Generated Content that you upload to the Platform. You are responsible for ensuring that any User Generated Content that you upload and use does not, and will not, infringe or violate anyone else's rights, including copyright, trademark, patent, trade secret, privacy, publicity or other personal or proprietary rights. You promise not to submit User Generated Content unless you are the owner or have permission from the owner to post such User Generated Content and grant SIEGE SPORTS all of the license rights granted in these Terms of Use.

Do not post any User Generated Content, take any action or use the Platform in a way that violates any law, would create liability or promotes illegal activities. Do not take any action on the Platform designed to interfere, disrupt, damage, disable, overburden or limit the functionality of any computer software or hardware, telecommunications equipment or the Platform. Do not upload User Generated Content that contains software viruses, programs or other computer code. Do not circumvent or modify any Platform security technology or software.


GENERAL RULES FOR USER GENERATED CONTENT

SIEGE SPORTS does not prescreen or police User Generated Content. SIEGE SPORTS is merely acting as a passive channel and custom design tool and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Platform. Even in the event SIEGE SPORTS chooses to monitor any User Generated Content, SIEGE SPORTS assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content. SIEGE SPORTS reserves the right to edit, remove, or refuse to post any User Generated Content or terminate any user account for any reason.


ELIGIBILITY AND REGISTRATION

To become a registered user of the SIEGE SPORTS Platform, you agree to provide accurate and current information about yourself in all registration forms on the Platform. This Platform is intended solely for users who are thirteen (18) years of age or older and it is a violation of these Terms of Use for anyone under 18 to register for the Platform. You represent and warrant that you are 18 or older. Your account may be deleted without warning if you misrepresent your age, whether older or younger.


SIEGE SPORTS'S RIGHTS TO YOUR POSTING

Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to SIEGE SPORTS a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, transmit, distribute, assign and commercialize without any payment or notice due to you.


COPYRIGHT/TRADEMARK INFRINGEMENT COMPLAINTS

If you believe that your work product or trademark has been improperly copied and used on the Platform such that it constitutes infringement, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright/tradmark owner or of the person authorized to act on his/her behalf; (2) a description of the trademark or copyrighted work that you claim has been infringed; (3) a description of where on the Platform the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright/trademark owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright/trademark owner or authorized to act on the owner's behalf. These requirements must be followed to give SIEGE SPORTS legally sufficient notice to SIEGE SPORTS of infringement so that it may take proper action. Send your infringement complaints to:

Siege Sports, LLC

14019 W. 95th Street

Lenexa, KS 66215

Email: sales@siegesports.com

We suggest that you consult your legal advisor before filing a notice with SIEGE SPORTS because there may be penalties for false claims.


MOBILE SERVICES

The Platform contains services and features that are available to certain mobile Devices. Your carrier's normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using SIEGE SPORTS's mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don't send your messages to a different person.


INDEMNIFICATION

You agree to indemnify, defend, and hold harmless SIEGE SPORTS, Inc, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Generated Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms of Use, any law or the rights of any third party.


PRIVACY

Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Platform.


WARRANTY DISCLAIMER

SIEGE SPORTS is not responsible or liable for any User Generated Content or other Content used on the Platform or for any offensive, unlawful or objectionable content you may encounter on or through the Platform. The Platform, User Generated Content, Content, and the materials and products on this Platform are provided "AS IS" and without warranties of any kind. To the fullest extent permitted by law, SIEGE SPORTS disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. SIEGE SPORTS cannot guarantee and does not promise any specific results from use of the Platform. SIEGE SPORTS does not represent or warrant that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that this Platform or the server that makes the Platform available are free of viruses or anything else harmful. To the fullest extent permitted by law, SIEGE SPORTS does not make any warranties or representations regarding the use of the materials or Content in the Platform in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Platform, loss of data or other harm of any kind that may result. SIEGE SPORTS reserves the right to change any and all Content and other items used or contained in the Platform at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


LIMITATION OF LIABILITY

SIEGE SPORTS SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS PLATFORM OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A SIEGE SPORTS EVENT OR ANY USER GENERATED CONTENT, EVEN IF SIEGE SPORTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST SIEGE SPORTS FOR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. THAT SAID, IF SIEGE SPORTS IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS PLATFORM OR ANY CONTENT, SIEGE SPORTS' LIABILITY SHALL NOT EXCEED US$100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.


MISCELLANEOUS

You agree that this Platform shall be deemed a passive website solely based in Kansas, which does not give rise to personal jurisdiction over SIEGE SPORTS in jurisdictions other than Kansas. You agree that this Platform, Terms of Use, Privacy Policy and any dispute between you and SIEGE SPORTS shall be governed in all respects by Kansas law.  Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Platform (including but not limited to the purchase of SIEGE SPORTS products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Kansas. You consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts in Kansas. Any cause of action or claim you may have with respect to the Platform (including but not limited to the purchase of SIEGE SPORTS products) must be commenced within one (1) year after the claim or cause of action arises. By using the Platform, you agree to receive certain electronic communications from SIEGE SPORTS. You agree that any notice, agreement, disclosure or other communication that SIEGE SPORTS sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. SIEGE SPORTS's failure to insist upon or enforce strict performance of any of these Terms of Use shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms of Use. SIEGE SPORTS may assign its rights and duties under these Terms of Use to any party at any time without notice to you.


SEVERABILITY

If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.


TERMINATION

SIEGE SPORTS reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Platform for any or no reason, without notice, and without liability to you or anyone else. SIEGE SPORTS also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the Platform. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.