Updated as of January 11th, 2013
This Privacy Statement is to inform you how KICX gathers and uses your personal and non-personal information when you visit our web site. KICX reserves the right to change this Privacy Statement at any time by notifying visitors to this web site of the existence of a new Privacy Statement.
I. TERMS OF WEB SITE USE
II. PRIVACY STATEMENT
This Privacy Statement is to inform you how KICX gathers and uses your personal and non-personal information when you visits web site. KICX reserves the right to change this Privacy Statement at any time by notifying visitors to this web site of the existence of a new Privacy Statement.
Owned and operated by Larche Communications Inc. (“LCI”), KICX is committed to maintaining and protecting your privacy as a visitor.
The KICX web site asks you to provide us login/personal information along with a username and password. This username and password allows you to participate in certain online activities such as contests, promotions or online classified advertisements. When it is necessary to contact you in connection with a particular online activity, this username and password is cross-referenced against the personal information you provided when you initially registered for the username and password.
Privacy and Accuracy You acknowledge and agree that the internet is not a secure medium, and neither the privacy of your communications, nor visits to this web site, can be ensured. The nature of internet communications means that your communications may be susceptible to data corruption, interception and delays.
Collection of Information: We do not collect personal information about you unless you specifically and knowingly provide such information to us. While you can visit the KICX site without registering or providing personal information, you will need to register if you wish to make a purchase. Such personal information may include your name, address, phone number, age, and e-mail address.
Use of Information: Your personal information is used to build your KICX account, to process your orders and to personalize the delivery of site content to you.
You agree and consent that your personal and non-personal information also may be used to generate statistics and aggregate reports for internal use by KICX, its parent, LCI and its affiliates, subsidiaries, licensees, successors, assigns, suppliers and advertisers. These statistics and reports will contain only aggregated and no personally identifiable information. Your identity is kept strictly anonymous.
Personal Information may be used by us for the following purposes:
If you indicated that you were interested in receiving offers or information from KICX or certain of our selected sponsors or advertisers, KICX may send you email materials and other mailings about products and services that we feel may be of interest to you. If at any time you would like to end your subscription to any such email materials, follow the directions posted at the bottom of the email material;
If you enter a contest or other promotion offered on a KICX site, we may, under the rules of the promotion, use your name and certain other information to administer the promotion, such as contacting, announcing and promoting the winners of the promotion.
We will only disclose your Personal Information to third parties:
Where you have specifically given us your consent to disclose your Personal Information for a designated purpose; . If you wanted to share your personal information, you would have to respond in the form of an “opt-out”. If you do not respond, by default, we will assume that you want to be involved and your information can be sold, rented, shared with or otherwise made available to outside parties. The choice to “Opt-in” or “Opt-out” is available when registering for a loyalty club or promotion.
Who are acting on our behalf as our agents, suppliers or service providers, solely to enable us to more efficiently provide you with KICX services. Such entities act under strict contractual controls, requiring them to maintain the confidentiality of all such Personal Information.
As required by law, including by an order of any court, institution or body with jurisdiction or authority to compel the production of information, or in order to protect or defend a legal interest. KICX reserves the right, at any time, to disclose any information in an individual’s account, (a) in order to satisfy any law, regulation or government request; (b) if such disclosure is necessary or appropriate to site operation; or (c) to protect the rights or property of KICX and its users, sponsors, providers, licensors or merchants. KICX further reserves the right to cooperate with local, provincial and national officials in any investigation requiring either personal information (including any personal information provided online through KICX or reports about lawful or unlawful user activities on this site; or
In the event that we sell a substantial portion of our business assets, our customer information may be among the transferred assets. In such event, the purchaser will inherit the confidentiality obligations posted herein.
The Site provides on-line multi-media or music streaming and other third party content. We are not responsible for any such third party content or music that you may access through the Site. The Site also contains links from and to sites operated by our business partners and other independent third parties. Once you leave the Site, you may or may not see a new URL in the location bar. Please review the linked site’s and third party content provider’s privacy policies, and if you do not agree to be bound by the terms of the policies governing that provider/site, terminate your use of that service or your visit to the site. The linked sites are not under our influence or control, and we are not responsible for the privacy policies and practices or the content of the sites operated by our business partners or other third parties or the privacy policies and practices or contents of any linked site or subsequent links from that site.
If you have a Facebook® account, KICX may allow you to log in using Facebook Connect (“Connect”), a Facebook, Inc. application that enables the Site to work just like the platform applications you find on Facebook.com (“Facebook”). Once you allow the Site to connect with Facebook, you will be able to use your Facebook login information to log into the Site and publish your activity on the Site to your Facebook profile. By connecting with the KICX Facebook application, you permit the Site to use information gathered from the KICX 106 Facebook Fan page and KICX 106 Facebook application to improve your use of the Site (for example, by recommending programming or delivering advertising that we think will be of most interest to you); and allow you to interact with your Facebook friends on the Site. In order to make Connect possible, you agree to allow Site to check your Facebook cookies when you are visiting the Site, and allow Facebook to receive information concerning the actions you take on the Site (which we will only send with your permission). In the event you no longer want the Site to publish stories about you, or want to otherwise limit the ways in which the Site interacts with your Facebook account, you can always disable this feature by changing your application settings in Facebook.
Your privacy is important to us as a visitor to the KICX web site. It is our wish to provide you with a secure and highly satisfactory experience each time you visit our site.
III. CONTRACTUAL ARRANGEMENTS
Trademarks and Copyrights LCI owns and operates the KICX web site. LCI, KICX and all other names, titles, logos, and designs identifying the products and brands of KICX and/or its affiliates and subsidiaries, including any derivative and related names, titles, logos and designs, are trademarks and the sole property of LCI. All other names, titles, logos and designs appearing on this web site are the property of their respective owners.
This web site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, photographs, graphics, images, illustrations, audio, video and software (collectively, the “Content”) and the entire contents of this web site are protected by copyright as a collective work and/or compilation under the Canadian copyright laws, international conventions and other copyright laws.
Any reproduction, modification, publication, transmission, retransmission, framing, misuse, misappropriation, unauthorized use, transfer, sale, distribution, performance, display, creation of a derivative work or any other exploitation of the Content or this web site, whether in whole or in part, is strictly prohibited unless the prior and express written consent of LCI is obtained. Notwithstanding the foregoing, any visitor to this web site may download the Content for personal use only provided that all copyright and other notices in the Content are maintained and the visitor agrees and acknowledges that it does not acquire any ownership or other use rights by downloading the Content.
Linked Web Sites As a service to visitors to the KICX web site, we include links to other web sites over which we have no control. KICX AND LCI MAKE NO ENDORSEMENTS, WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER REGARDING THOSE SITES, INCLUDING THE PRODUCTS, SOFTWARE, MATERIALS, SERVICES, CONTENT OR ACCURACY OR APPROPRIATENESS OF CONTENT ON SUCH LINKED WEB SITES. A VISITORS DECISION TO ACCESS ANY SUCH OTHER WEB SITES SHALL BE ENTIRELY AT THE VISITOR’S OWN RISK AND DISCRETION.
Purchases of Goods and Services The products and services described in this web site are only offered in jurisdictions where they may be legally offered for sale and are otherwise void where prohibited. All purchases of goods and services in any connection with this web site shall be subject to the policies contained within this web site and the terms and conditions of the applicable agreements to any such transactions. No goods and services may be purchased through this web site by any visitor who is a resident of any country under the area control list under the Import/Export and Permits Act (Canada) (currently Angola, Federal Republic of Yugoslavia, Myanmar) or any country for which there is a trade sanction or embargo under the United Nations Act (Canada) (currently Angola, Federal Republic of Yugoslavia, Myanmar, Iraq, Libya, Rwanda and Sierra Leone).
Disclaimer and Limitation of Liability YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE KICX WEB SITE IS AT YOUR SOLE RISK AND DISCRETION. YOU AGREE TO HOLD LCI AND KICX , INCLUDING THEIR RESPECTIVE AFFILIATES AND SUBSIDIARIES, ABSOLUTELY HARMLESS FROM, AND YOU COVENANT NOT TO TAKE ANY ACTION AGAINST LCI AND ANY OF THE FOREGOING ENTITIES FOR, ANY CLAIMS IN ANY CONNECTION WITH THIS WEB SITE.
NEITHER LCI, KICX, NOR ANY OF THEIR RESPECTIVE AFFILIATES AND SUBSIDIARIES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS MAKES ANY REPRESENTATIONS, WARRANTIES OR COVENANTS, EITHER EXPRESS OR IMPLIED, OF ANY KIND WHATSOEVER WITH RESPECT TO THE KICX WEB SITE OR ITS CONTENTS.
BY USING OR ATTEMPTING TO USE THE KICX WEB SITE, THE VISITOR TO THIS WEB SITE EXPRESSLY ACKNOWLEDGES AND UNDERSTANDS THAT THIS WEB SITE AND THE INFORMATION OR MATERIALS HEREIN ARE PROVIDED ON AN “AS IS, WHERE IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES THAT THIS WEB SITE WILL BE OPERABLE, UNINTERRUPTED, VIRUS FREE OR ERROR FREE, WARRANTIES OF TITLE, WARRANTIES AS TO THE DEPENDABILITY, PRIVACY, ACCURACY, TIMELINESS, AUTHENTICITY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION, CONTENT, SERVICE OR OTHER MERCHANDISE PROVIDED THROUGH THIS WEB SITE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT WILL LCI AND/OR KICX NOR ANY OF THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, SUCCESSORS AND ASSIGNS, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE TO ANY PARTY FOR DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEB SITE, OR ANY OTHER LINKED WEB SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT YOU AGREE IS FAIR AND REASONABLE IN THE CIRCUMSTANCES CONCERNING YOUR USE OF THE WEB SITE AND APPLIES TO ALL HARM, LIABILITY, INJURY, LOSS, COST, EXPENSE OR DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY, OR CONSEQUENTIAL DAMAGES, REGARDLESS OF HOW SAME ARISE (WHETHER IN TORT, NEGLIGENCE, STATUTE, CONTRACT, COMMON LAW, EQUITY OR OTHERWISE), AND WHETHER FOR OR IN CONNECTION WITH, WITHOUT LIMITATION, LOSS OF PROGRAMS OR OTHER DATA, LOSS OF INCOME, REVENUES OR PROFITS, LOSS OF ANTICIPATED SALES, LOSS OF OPPORTUNITIES, BUSINESS INTERRUPTION, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES AND OTHERWISE. WITHOUT LIMITATION, BUT SUBJECT TO THE GUARANTEE UNDER THE CREDIT CARD GUARANTEE SECTION OF THIS WEB SITE, YOU UNDERSTAND AND AGREE THAT THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO ANY ACT OR OMISSION IN ANY CONNECTION WITH YOUR USE OF ANY DEBIT OR CREDIT CARD TRANSACTIONS OR INFORMATION IN CONNECTION WITH THIS WEB SITE.
Governing Law and Jurisdiction The KICX web site (excluding any linked web site) is controlled by LCI from its offices within the Province of Ontario, Canada. This web site can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these places has laws that may differ from those of the Province of Ontario, Canada, by accessing this web site, the visitor agrees that all matters relating to access to, or use of, this web site or any other linked web site, shall be governed by the applicable laws of the Province of Ontario and the laws of Canada, without regard to the conflicts of laws principles thereof. The visitor also agrees, and by using this web site hereby submits, to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario and acknowledges that the visitor does so voluntarily and is responsible for complying with local laws. A visitor’s use of this web site is void where prohibited by laws in jurisdictions to which the visitor is otherwise subject, and the visitor agrees that it shall not visit or use this site in any such circumstances. You agree and acknowledge that your use of this web site, and all transactions occurring in connection with this web site, shall be deemed to have occurred and taken place solely in the Province of Ontario, Canada. English shall be the language of this web site, and all transactions occurring in connection with this web site, and the parties waive any right to use and rely upon any other language, or translations.
Other Policies Before entering into any transaction under this web site for the purchase of any goods or services, you must read, confirm you understand and accept all terms set out under this Legal Statement and under the various other policies referred to in this web site, namely, the Credit Card Guarantee section, the Returns Policy and all other terms and conditions set out under the Ordering, Shipping and Your Information sections of this web site.
No Solicitation The KICX web site and the information contained herein do not constitute an offer or a solicitation of an offer for the purchase or sale of any securities.