Terms of Use

www.kineticlighting.com

Welcome to the Kinetic Lighting™ site. By using the Kinetic Lighting Web site YOU AGREE TO BE BOUND BY ITS LEGAL NOTICES (explained below), CONDITIONS OF USE, PRIVACY POLICY and all disclaimers and terms and conditions that appear elsewhere on the Kinetic Lighting Web site. The policies of Kinetic Lighting retail stores may differ substantially from those applicable to your use of the Kinetic Lighting Web site. 

References to Kinetic Lighting herein refer to Kinetic Lighting, Inc. or its affiliates, subsidiaries and designees as deemed appropriate by Kinetic Lighting.

Kinetic Lighting reserves the right to make changes to its Legal Notices and Conditions of Use at any time. Each time you use the Kinetic Lighting Web site, you should visit and review the then current Legal Notices and Conditions of Use that apply to your use of this site and any transactions made while on the site. If you are dissatisfied with, its content or Legal Notices and Conditions of Use, you agree that your sole and exclusive remedy is to discontinue using the Kinetic Lighting Web site.

Tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited.

Right to Download
Proprietary Rights
Applicable Law
Links to Third-Party Web Sites
Privacy
Security
Export


Right to Download

You may only download Content displayed on the Kinetic Lighting Web site for non-commercial, personal use provided you also retain all copyright, trademark and other proprietary notices contained in the material, do not modify or alter the material and do not copy or post the material on any network computer or broadcast the material in any media. It is strictly prohibited to modify, transmit, distribute, reuse, repost, “frame” or use the content of the Kinetic Lighting Web site including the text, images, audio and/or video for public or commercial purposes without written permission from an authorized representative of Kinetic Lighting. It is strictly prohibited to download the images of the products for sale within this site.

Proprietary Rights

All content included on or comprising the Kinetic Lighting Web site including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively “Content”) is protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the U.S. and international copyright laws, and Kinetic Lighting owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content.

Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part.

One or more patents are pending that apply to this site.

The Kinetic Lighting 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 Kinetic Lighting and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.

By using the Kinetic Lighting Web site, you agree that any information (except for purchase information), materials, suggestions, ideas or comments you send to Kinetic Lighting or any other third party using the Kinetic Lighting Web site is non-confidential. By submitting any solicited or unsolicited information using the Kinetic Lighting Web site, you grant Kinetic Lighting an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever to the extent permitted by law.

Applicable Law

The Kinetic Lighting Web site is created, operated and controlled by Kinetic Lighting in the State of Minnesota, United States of America. The laws of the State of Minnesota will govern the Legal Notices and Conditions of Use without giving effect to any principles or conflicts of laws.

Links to Third-Party Web Sites

The Kinetic Lighting Web site contains links to other sites operated by third-parties, including but not limited to third-party sites that display the Kinetic Lighting trademarks (“Third-Party Site(s)”). These links are available for your convenience and are intended only to enable access to these Third-Party Sites and for no other purpose.

Kinetic Lighting does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site or its content. A link to a Third-Party Site on the Kinetic Lighting Web site does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Site. Kinetic Lighting makes no representation or warranty as to any products or services offered on any Third-Party Site.

The conditions of use and privacy policy of any Third-Party Site may differ substantially from the Conditions of Use and Legal Notices that apply to your use of the Kinetic Lighting Web site. Please review the conditions of use for all Third-Party Sites for more information about the terms and conditions that apply to your use of Third-Party Sites.

Privacy

Please review the Kinetic Lighting Privacy Policy for information on the privacy practices of the Kinetic Lighting Web site.

Security

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account and password.

The Kinetic Lighting Web site may only be used for lawful purposes. Activities including, but not limited to, tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited.

Users are prohibited from violating or attempting to violate the security of the Kinetic Lighting Web site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) using the web site for unintended purposes or trying to change the behavior of the site; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;”; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability; or (g) forging communications on behalf of the Web site (impersonating the Kinetic Lighting Web site) or to the Web site (impersonating as a legitimate user). Sending unsolicited and unauthorized e-mail on behalf of Kinetic Lighting, including promotions and/or advertising of products or services, is expressly prohibited. Violations of system or network security may result in civil or criminal liability.

You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of the Kinetic Lighting Web site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Kinetic Lighting Web site other than the search engine and search agents provided by Kinetic Lighting or generally publicly available browsers.

Export

Certain software or other materials (“Software”) that you may download from the Kinetic Lighting Web site may be further subject to United States Export Controls. No Software from the Kinetic Lighting Web site may be downloaded or exported contrary to any applicable export law, including but not limited to any applicable prohibitions against download or export as follows: 1) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; or 2) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using Software downloaded from the Kinetic Lighting Web site, you agree to abide by the applicable laws, rules and regulations – including, but not limited to the Export Administration Act and the Arms Export Control Act – and you represent and warrant that you will not transfer, by electronic transmission or otherwise, this Software to a foreign national or a foreign destination in violation of the law.