PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS OF USE; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Effective date: June 1, 2017
Welcome to Kobebryant.com (the “Site”). This Site is maintained as a service to our fans and customers. By using this Site, you agree to read and learn, comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this Site.
This Term of Use agreement (the “Agreement”) specifies the Terms and Conditions for access to and use of Kobebryant.com and any related Services (collectively hereinafter the “Services”) and describes the terms and conditions applicable to your access of and use of the Site and/or Services. This Agreement may be modified at any time by Kobe, Inc. upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at www.kobebryant.com. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement, our Privacy Policy and Copyright Dispute Policy.
Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy. The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Site or Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at info@kobebryant.com.
All content (“Content”) included on this site is and shall continue to be the property of Kobe, Inc. or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such Content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any Content by or through your use of this Site.
You must be at least: (a) eighteen (18) years or older; or (b) thirteen (13) years or older with verifiable permission from your parent or guardian to use the Site and/or Service. If you do not meet these eligibility requirements, you are prohibited from using the Site or Services.
Kobe, Inc., Black Mamba, Hero Villain, HV, KB20, Canvas City, Musecage, Docen Media and others are either trademarks or registered trademarks of Kobe, Inc. and/or its related or affiliated entities. Other product and company names mentioned on this Site may be trademarks of their respective owners.
Kobe, Inc. grants you a limited, revocable, nonexclusive license to use this Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Site, reverse engineer or break into the Site, or use materials, products or Services in violation of any law. The use of this Site and/or the Services is at the discretion of Kobe, Inc. and Kobe, Inc. may terminate your use of this Site and/or the Services at any time.
You may be allowed to sign up for an account (“Account”), and select a password and user name (“User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer, sell, assign, or license your User ID, account, or any account rights to anyone else without our prior written permission. Kobe, Inc. reserves the right to reclaim any User ID in its sole discretion.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). You will only use the Site and/or Services for your own internal, personal, and authorized commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Site or Services is prohibited by applicable laws, then you aren’t authorized to use them. We can’t and won’t be responsible for your using the Site or Services in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your Account, User ID and your password. You’re responsible for any activity associated with your Account.
Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute any Content or user submission or otherwise use the Site or Services or interact with the Site or Services in a manner that:
A violation of any of the foregoing is grounds for removal of your Content or user submission and/or termination of your right to use or access the Site and/or Services.
At Kobe, Inc. we value our fans and customers and we are always pleased to hear from them regarding our products and services. Unfortunately, however, neither Kobe, Inc. nor any of its affiliated entities, owners, employees or consultants can accept or consider unsolicited ideas, including, without limitation, ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, creative artwork or works including but not limited to short stories, screenplays, scripts or books, marketing plans or new product names. Accordingly, please do not submit any unsolicited ideas in any form to Kobe, Inc. or any of its affiliates, owners, employees, contractors or consultants.
The sole purpose of this policy is to avoid potential misunderstandings or disputes when Kobe, Inc.’s content, products, services or marketing strategies may seem similar to ideas submitted to Kobe, Inc. If, despite this policy, you still send Kobe, Inc. unsolicited suggestions, ideas, notes, drawings, concepts, creative works or other information, you agree that the following terms shall apply to your submission: (1) Kobe, Inc. has no obligation to review your submission; (2) your submission and its contents will automatically become the property of Kobe, Inc., without any compensation to you; (3) Kobe, Inc. may use (for commercial purposes or otherwise) or redistribute the submission and its contents for any purpose and in any way without any compensation to you; and (4) Kobe, Inc. is under no obligation to consider your submission proprietary or keep your submission confidential.
The Site is currently free to use, but we reserve the right to charge for certain aspects of the Site in the future. If you wish to continue using such aspects of the Site, you must pay all applicable fees for such use. Also, you will be responsible for all data usage and messaging charges you may incur from your mobile phone or internet service provider in connection with your use of the Site and/or any Services.
You agree to comply with all applicable laws regarding your use of the Site and/or Services. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
To the fullest extent allowed by applicable law, You agree to indemnify and hold Kobe, Inc., its owners, affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to: (a) your use of the Site and/or Services (including any actions taken by a third party using your account), and (b) your violation of these Terms, including the Privacy and Copyright Dispute policies referenced herein.
Neither Kobe, Inc. nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Site and/or Services, and we will not be responsible or liable for the accuracy, copyright compliance or legality contained in or accessed through the Site or Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Site. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Site and/or Services are provided “AS IS” and without any warranty of any kind from Kobe, Inc. or others (unless, provided expressly and unambiguously in writing by for a specific product). THE CONTENT, SITE, AND/OR SERVICES ARE PROVIDED BY KOBE, INC. (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL KOBE, INC. (OR ITS OWNERS, EMPLOYEES, LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON IN ANY WAY RELATING TO THE SITE, SERVICES, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, LITIGATION OR THE LIKE OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO COMPANY IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
Kobe, Inc. reserves the right, and you authorize us, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy, click here [insert link to Copyright Dispute Policy]. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
Our Copyright Agent for Notice of claims of copyright infringement on the Site is Saltz Matkov P.C. who can be reached as follows: By Mail: 998 Old Eagle School Road, Suite 1206, Wayne PA 19087 or By E-mail: infringment@saltzmatkov.com.
These Terms and Conditions are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Los Angeles County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Los Angeles County, California, or the Central District of California. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited by or invalid under applicable law, such provision shall be deemed modified to the extent necessary to make it enforceable under applicable law. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this Agreement, but this Agreement shall be construed as if such unenforceable provision had never been contained herein.
The failure of Kobe, Inc. to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver or modification of this Agreement by Kobe, Inc. must be in writing and signed by an authorized representative of Kobe, Inc.
Kobe, Inc. may terminate this Agreement at any time, with or without notice, for any reason.
Nothing contained in this Agreement or your use of the Site and/or Services shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for their own actions.
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Account or User ID, in any way (by operation of law or otherwise) without Kobe, Inc.’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
These Terms of Use constitute the entire agreement between you and www.kobebryant.com and governs the terms and conditions of your use of the Site and/or Services, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and www.kobebryant.com with respect thereto. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy, Copyright Policy and/or Idea Submission Policy), guidelines, or rules that may apply when you use the Site. Kobebryant.com may revise this Terms of Use at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this Site after any changes have been made to the Terms and Conditions of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.
If you have any questions or comments about this Privacy Statement or the practices of our Site and/or related to our Services, please feel free to e-mail us at info@kobeinc.com or visit the Fullscreen contact page.