Kickdynamic LTD website and product terms of service.

Please read the terms and conditions of use carefully. These terms and conditions of use may have changed since your last visit to this website and to the products. By using this website or the products, you indicate your acceptance of these terms and conditions of use. If you do not accept these terms and conditions of use, then do not use this website or the products.

Kickdynamic LTD provides businesses and organisations with products and services for email marketing optimisation. In addition to the products described above, Kickdynamic LTD provides a variety of related offerings and services. Kickdynamic LTD products may not be used for the sending of unsolicited email (sometimes called “spam”) or for the hosting of illegal or prohibited content.

The following are the terms of service of use for access to this website and use of the Products (“Terms of service”). By clicking the “I accept” button on the sign-up page, by logging into your Kickdynamic LTD account and by accessing this website you accept these Terms of Service of Use.

Copyright and Trademark Information.

By using this site you signify your agreement to all terms, conditions and notices contained or referenced herein. If you do not agree with these Terms and Conditions, please do not use this site. We reserve the right, as determined in our discretion, to update or revise these Terms and Conditions at any time. Please check these Terms and Conditions periodically for changes. Kickdynamic LTD trade names, trademarks, logos and service marks belong to Kickdynamic LTD. All other trade names, trademarks, logos or service marks belong to their respective owners. Kickdynamic LTD hereby authorise you to view, print, copy and distribute information on this site provided that no fee is charged for distribution of any information to any third party and that the copyright notice (© Kickdynamic LTD 2013) that appears on the site must appear on all copies that you make or distribute.

Products Terms and Conditions.

The Products are provided subject to these Terms of service of use. The Products are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Products are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Products. If you are using the Products in your capacity as an employee, you must have the ability to bind your employer by your use of the Products. You must complete the registration form on the Kickdynamic LTD sign-up page in order to use the Products. You shall provide true, accurate, current and complete information about yourself as requested in the registration form. You may from time to time provide Kickdynamic LTD service personnel with remote access to your accounts and other systems for the purpose of troubleshooting issues that arise in your use of the Products. You hereby waive any claim for damages from any problems that may arise from such access, including without limitation any disruption or damage caused by Kickdynamic LTD or its personnel.

Fees and payments.

By selecting a paid service you agree to pay Kickdynamic LTD the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a service and will cover the use of that service for a monthly or annual period as indicated. Service fees are not refundable. Email, Permission Practices, Image Hosting and Prohibited Content.

Delivery of service.

Use of the service is immediate and can be accessed via the www.kickdynamic.com account login area.

Subscriber Opt Out.

Every email message sent in connection with the Products must contain an “unsubscribe” link that allows subscribers to remove themselves from your mailing list and a link to the then current Privacy Policy. Each such link must remain operational for a period of thirty (30) days after the date on which you send the message, and must be in form and substance satisfactory to Kickdynamic LTD. You acknowledge and agree that you will not remove, disable, or attempt to remove or disable either link. You shall monitor and process unsubscribe requests received by you directly within ten (10) days of submission, and update the email addresses to which messages are sent through your Kickdynamic LTD account. Under the CAN-SPAM Act of 2003, you acknowledge that you are responsible for maintaining and honouring the list of unsubscribe requests following termination of your account and this Agreement.

Permission Practices.

You agree to import, access, or otherwise use only Permission-Based Lists in connection with your use of the Products. You hereby covenant that you shall not use any other lists in connection with your use of the Products. Without limiting the foregoing, you agree that you shall not utilise the Product to send any commercial electronic mail message (as that term is defined in the CAN-SPAM Act of 2003) to any person who has opted out or otherwise objected to receiving such messages from you or another sender on whose behalf you may be acting.

Documents and Images.

Documents and images hosted by Kickdynamic LTD on Kickdynamic LTD controlled servers may only be used in connection with the Products and for no other purpose whatsoever. To the extent you use images provided by Kickdynamic LTD, Kickdynamic LTD hereby grants to you a limited, non-exclusive, non-transferable right to use the images in an unaltered state solely in connection with your use of the Products.

Prohibited Content.

Kickdynamic LTD prohibits the use of the Products or website by any person or entity that:

  • Provides, sells, or offers to sell any of the following products or content (or services related to the same): pornography or illicitly pornographic sexual products, including but not limited to magazines, video, and software; escort services; dating services; adult “swinger” promotions; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades, or other weapons.
  • Displays or markets material that exploits children, or otherwise exploits children under 18 years of age.
  • Provides, sells, or offers products, services or content frequently associated with unsolicited commercial email, a.k.a. spam, such as online and direct pharmaceutical sales, including but not limited to health and sexual well-being products, work at home businesses, credit or finance management, including but not limited to credit repair and debt relief offerings and stock and trading tips, and mortgage finance offers, DJ/nightclub, event/club promotions/party lists, and odds making and betting/gambling services, including but not limited to poker, casino games, horse and dog racing, and college and pro sporting events.
  • Provides material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred, or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable content.
  • Posts or discloses any personally identifying information or private information about children without their consent (or their parents’ consent in the case of a minor).
  • Sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
  • Introduces viruses, worms, harmful code and/or Trojan horses on the Internet.
  • Promotes, solicits, or participates in pyramid schemes or multi-level channel and/or network marketing (MLM) businesses, including but not limited to personal work-at-home offers promoting “get rich quick,” “build your wealth” and “financial independence” offerings.
  • Engages in any libellous, defamatory, scandalous, threatening, or harassing activity.
  • Posts any content that advocates, promotes, or otherwise encourages violence against any governments, organisations, groups, or individuals or which provides instruction, information or assistance in causing or carrying out such violence.
  • Markets to third-party voter registration lists.
  • Provides content, including images, of authors, artists, photographers, or others without the express written consent of the content owner.

Right to Disable Access or Remove Content.

Kickdynamic LTD, at its own discretion, may immediately disable your access to the Products or remove all or a portion of your content, without refund, if Kickdynamic LTD believes in its sole discretion that you have violated any of the policies listed above or this Agreement.

No Rights in Software.

This is an Agreement for services and access to this website, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Products or any software, documentation, or data related to the Products (“Software”); remove any proprietary notices or labels from the Products or any Software, modify, translate, or create derivative works based on the Products or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Products or any Software. Unless you are an authorised reseller of the Products, you may not display, copy, reproduce, or distribute the Software, any component thereof, any documentation provided in connection with the Products or the Software, or any content, including but not limited to newsletters, distributed to you by Kickdynamic LTD in connection with the Products. Violation of these restrictions may result in the termination of this Agreement.

Termination & Refund.

You may terminate this Agreement at any time by calling Kickdynamic LTD Customer Support. By selecting a paid service you agree to pay Kickdynamic LTD the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a service and will cover the use of that service for a monthly or annual period as indicated. Service fees are not refundable. Kickdynamic LTD may terminate this Agreement or the Products, disable your account, or put your account on inactive status, in each case at any time with or without cause, and with or without notice. Kickdynamic LTD shall have no liability to you or any third party because of such termination or action. Kickdynamic LTD may delete any of your archived data within thirty (30) days after the date of termination. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability. If your account is classified (at Kickdynamic LTD sole discretion) as inactive for over 120 days, Kickdynamic LTD has the right to permanently delete your subscriber data. Kickdynamic LTD will use good faith efforts to contact you via email prior to taking any permanent removal actions.

Username and Password.

You are responsible for maintaining the security of your account, passwords, and files. Kickdynamic LTD will accept the instructions of any individual who claims to be authorised to direct changes to your account so long as such person presents your username and password or provides other appropriate account identifying information as determined by Kickdynamic LTD in its discretion, by email or by phone, or through a Third-Party Service, if any, through which you access the Products. Kickdynamic LTD has no knowledge of your organisational structure, if you are registering for the Products as an entity, or your personal relationships, if you are a person. Kickdynamic LTD shall not be responsible for the actions of any individuals who misuse or misappropriate your contact lists or other assets using your username and password or other appropriate account-identifying information.

Additional Information.

If you have any questions about the rights and restrictions above, please contact Kickdynamic LTD by email atcontact@kickdynamic.com.

Kickdynamic LTD.
37 Warren Street.
London.
W1T 6AD.
02088158426
Company Registration No: 08080183
VAT number: GB 176068977