Terms of use
Introduction
This Internet website ("Site") is owned and operated by MKM KNOCKOUT PROMOTIONS, LLC ("MKM"). The following provisions set out the terms and conditions ("Terms and Conditions") under which any person accessing and using the Site ("You" and "Your") may:
- access and use the Site, including any pages or information linked to it that are owned and operated by MKM; and
- purchase a Product or Products from MKM KNOCKOUT PROMOTIONS, LLC through the Site.
By accessing and using the Site, you are bound by these Terms and Conditions. Please read the Terms and Conditions carefully before using our website. If you do not accept and agree to abide by the Terms and Conditions, please do not access and use the Site and leave at ONCE.
Privacy
The Privacy Policy and Security Statement are herein part of these Terms and Conditions.
Copyright
The Site, its design, and all content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, video clips, shows and software ('the Works'), are the exclusive property of MKM KNOCKOUT PROMOTIONS, LLC including all of its content, and is protected by USA and international copyright laws. The Works may contain, from time to time, material that is the copyright of a third party.
Trademarks
The marks and logo for MKM KNOCKOUT PROMOTIONS, LLC as indicated on the Site, are registered trademarks of MKM KNOCKOUT PROMOTIONS, LLC in the United States of America and other countries. The mark may not be used, in any way, without the prior written permission of MKM KNOCKOUT PROMOTIONS, LLC
License
MKM KNOCKOUT PROMOTIONS, LLC grants "you" a limited, non-exclusive, revocable license to:
- access, use, and download the "works" contained in the site solely for non commercial and personal purposes; and
- access and use the site solely for non-commercial and personal purposes; and
- if "you" are an internet service provider, supply the Works contained in the Site to Your subscriber.
Any conduct with respect to any of the Works contained in the Site, other than that described herein (including, without limitation, the reproduction, modification, adaptation, transmission or communication of such Works without the prior written permission of MKM), are strictly prohibited.
Any conduct with respect to the Works that is authorized herein must include the MKM KNOCKOUT PROMOTIONS, LLC copyright notice "© 1998-2009 MKM KNOCKOUT PROMOTIONS, LLC - All Rights Reserved" and any other credits, trademarks or other legal notices applicable to the Works.
Use of the site by children
MKM KNOCKOUT PROMOTIONS, LLC does not target as customers, or solicit data from, persons under the age of eighteen (18) years ('Children' or 'Child'). Children should obtain the consent of a parent or guardian prior to accessing and using the Site.
Submission of material to the site
MKM KNOCKOUT PROMOTIONS, LLC may invite ("Invitation") you to submit material, including photographs, feedback data such as questions, comments, suggestions and any other response ('Material'), to the Site.
Upon the Invitation of MKM, you may submit Material to the Site, provided that such Material:
- is accurate;
- is not defamatory, obscene, threatening, pornographic, or offensive;
- does not violate any applicable law, including communications that would give rise to criminal or civil liability;
- does not advocate any illegal activity;
- does not infringe the intellectual property rights of any third party;
- does not violate or infringe the rights of any person or entity, including a person's right of privacy; or
- does not consist of, or contain computer viruses, political campaigning, commercial solicitation chain letters, mass mailings, or any form of 'spam'.
- MKM KNOCKOUT PROMOTIONS, LLC shall not be responsible for monitoring and exercising editorial control over material submitted to the Site. MKM KNOCKOUT PROMOTIONS, LLC nevertheless reserves the right to monitor Material submitted to the Site, and to remove or edit any material which it finds, in its sole discretion, to be contrary to the Terms and Conditions.
In consideration for MKM KNOCKOUT PROMOTIONS, LLC granting you an opportunity to submit material to the Site, you hereby agree that:
- such Material is non-confidential; and
- by submitting such Material, You are deemed to have provided a valid and binding electronic signature (as permitted under the Electronic Transactions Act 1999) authorizing the assignment of all rights, title and interest in all such Material to MKM, its assigns and licensees, to use, reproduce, modify, adapt, create derivative works from, distribute and publicly display such Material, for any purpose whatsoever, in any media, throughout the world in perpetuity.
You warrant and represent that:
- any Material submitted to the Site is original and will not infringe or breach any law or any person's right under any law (including any law or right relating to copyright, passing-off, defamation, contempt of court, privacy, publicity or confidence); and
- any Material submitted to the Site is free from encumbrances and You have full and unfettered power to assign all rights and interest in the Material to MKM, free from any claim by any person; and
- You own all rights, title and interest (including copyright) in any Material submitted to the Site, or have obtained all necessary consents and releases from third parties for all and use of the Material by MKM KNOCKOUT PROMOTIONS, LLC in perpetuity, without any requirement for MKM KNOCKOUT PROMOTIONS, LLC to make any payment to You or such third parties, and can provide any written evidence of this to MKM KNOCKOUT PROMOTIONS, LLC's; and
- You have not assigned, licensed or otherwise granted any rights in the Material or entered into any deed or agreement that would prevent or limit MKM's rights to use the Material; and
- as to living people identifiable in the Material, if any, You have acquired written permissions and releases permitting the exclusive use of the said person's name, likeness and life story in connection with any use of the Material and You hereby assign such rights to MKM; and
- You will enter into any formal written documentation if required by MKM, to formalize your assignment of all rights in the Material to MKM; and
- You have not done, or permitted to be done, any act or omission by which any of the rights in the Material have been, or may in any way, be impaired or limited.
Purchase of products
At the "STRYKERZ merchandise" section of the Site ("Shop"), MKM:
- advertises certain products for sale ('Product' or 'Products'); and
- lists the price for each Product ('Purchase Price').
You can make an offer ("Offer") to purchase a Product or Products from MKM KNOCKOUT PROMOTIONS, LLC at the relevant Purchase Price, by:
- accessing the Shop;
- selecting the Product or Products with respect to which you wish to make an Offer, and clicking the 'add to cart' button;
- inserting the 'quantity' of the Product or Products that you require, and clicking the 'checkout' button;
- selecting the "Shipping Destination" that you require and clicking the 'next' button;
- selecting the "Shipping Method" that you would prefer and clicking the 'next' button;
- completing the "Customer Details" Form and clicking the 'next' button; and
- providing your "Payment Details" through Pay Pal payment services section of the Site and clicking the 'continue' button.
MKM KNOCKOUT PROMOTIONS, LLC is deemed to have accepted ("Acceptance") the Offer when Pay Pal sends an email message to you, confirming that payment of the Purchase Price ("Payment") has been processed.
Payment may be processed by Pay Pal.
An agreement ("Agreement") exists between you and MKM KNOCKOUT PROMOTIONS, LLC, for you to purchase from MKM KNOCKOUT PROMOTIONS, LLC the Product or Products with respect to which you have made an Offer, upon Acceptance.
The entire Agreement consists of:
- the Offer;
- the Acceptance; and
- the Terms and Conditions.
Each separate Offer and Acceptance, together with the Terms and Conditions, forms a separate Agreement.
If MKM KNOCKOUT PROMOTIONS, LLC owes money to you under one Agreement, MKM KNOCKOUT PROMOTIONS, LLC may set-off that money against any money that it owes you under another Agreement.
MKM KNOCKOUT PROMOTIONS, LLC will deliver the Product or Products to You:
- at the address for delivery ("Delivery Address") provided by you in the Customer Details Form in the Offer;
- by way of the Shipping Method selected by you in the Offer;
- at the price ("Shipping Price") that corresponds with the Shipping Method selected by You in the Offer; and
- within a time that is, at the discretion of MKM, feasible.
Anyone at the Delivery Address who receives the Product or Products is deemed to be authorized to receive the Product or Products.
Property and risk in the Product or Products passes to you upon delivery to the Delivery Address.
If you are not satisfied with the quality of the Product or Products you have purchased pursuant to an Agreement, MKM KNOCKOUT PROMOTIONS, LLC will exchange ("Exchange") or issue a refund ("Refund") to you for the Product or Products, provided:
- You return the Product or Products in new condition and un-worn condition with the tags attached, and with all information MKM KNOCKOUT PROMOTIONS, LLC will need in order to correctly Exchange the Product or Products or Refund the Payment to You (including invoice number, name, address, and your requirements);
- to the address described herein below;
- within either:
- (i) fourteen (14) days from the date the Agreement is made, if the Delivery Address is outside the USA; or
- (ii) seven (7) days from the date the Agreement is made, if the Delivery Address is inside the USA
The Shipping Price is not refundable.
There will be no Shipping Price for any initial Exchange with respect to an Agreement.
A replacement Product or Products with respect to an Exchange will be delivered to you by way of:
- registered post, if the Delivery Address is inside Australia; or
- airmail, if the Delivery Address is outside Australia; or
- courier, if requested by you (but will incur an extra charge for shipping, being the difference between the cost for shipping by courier and the cost for shipping by air mail).
You must not:
- engage in the business of re-selling, distributing and/or supplying to any third party, whether through a web site or any other means, any Product/s that you have purchased from MKM KNOCKOUT PROMOTIONS, LLC pursuant to an Agreement; and
- represent yourself as MKM KNOCKOUT PROMOTIONS, LLC or as an agent or sub-contractor of MKM, by making any unauthorized use of any trade mark and/or copyrights owned by MKM KNOCKOUT PROMOTIONS, LLC or by any other means.
Disclaimer of warranties and limitation of liability
MKM KNOCKOUT PROMOTIONS, LLC reserves the right to modify or adapt any part of the Works (including information about a Product or Products) without notifying current or prospective customers or users.
MKM KNOCKOUT PROMOTIONS, LLC is not responsible for any errors or defects (including without limitation computer viruses, typographic errors or other inaccuracies) in any Works contained in the Site. MKM KNOCKOUT PROMOTIONS, LLC intends any information contained as part of the Works to be accurate and reliable. However, errors may occasionally occur. Therefore, all Works are provided "as is", without any warranty of any kind.
The liability of MKM KNOCKOUT PROMOTIONS, LLC for any breach of any implied condition or warranty is limited to any one or more of the following, determined by MKM KNOCKOUT PROMOTIONS, LLC in its sole discretion:
- in the case of a Product or Products:
- the replacement or repair of the Product or Products, or the supply of an equivalent Product or Products; or the payment of the cost of replacing the Product or Products, or acquiring an equivalent Product or Products, or repairing the Product or Products; and
- in the case of services:
- supply of the services again; or
- the payment of the cost of having the services supplied again.
To the full extent permitted by law, MKM KNOCKOUT PROMOTIONS, LLC, its related bodies corporate (as that expression is defined under the Corporations Law) and their directors, employees and/or agents will not be liable for any loss, claims, damages or costs (including legal costs) arising out of, or in connection with, Your use of or inability to use the Site, including but not limited to direct, indirect, incidental, special, exemplary and all consequential damages or losses of profits or opportunity to any person, even if such losses or damages were reasonably foreseeable.
If any of these terms and conditions are unenforceable in whole or in part in any jurisdiction, due to relevant laws in that jurisdiction, then in no event will the liability of MKM KNOCKOUT PROMOTIONS, LLC to you for any damages, losses, claims or otherwise, exceed the amount paid by you, if any, with respect to your purchase of a Product or Products from MKM, pursuant to an Agreement, through the Site.
Indemnity
You agree to indemnify MKM KNOCKOUT PROMOTIONS, LLC from and against any and all actions, liabilities, claims, costs and expenses (including reasonable legal costs and expenses) arising out of Your use of the Site or any breach of the Terms and Conditions by You, including, without limitation, Your warranties and representations with respect to the Material.
Links to third party sites
MKM KNOCKOUT PROMOTIONS, LLC makes no representations whatsoever about any other web sites which You may access from this Site ('Third Party Site'). A link from this Site to a Third Party Site does not mean that MKM KNOCKOUT PROMOTIONS, LLC endorses or accepts any responsibility for the content or use of the Third Party Site. Third Party Sites are accessible from the Site only for the convenience of the user.
Electronic communications
You consent to receiving communications from MKM KNOCKOUT PROMOTIONS, LLC electronically, including electronic mail or notices posted on the Site.
You acknowledge that all agreements, notices, disclosures and other communications that MKM KNOCKOUT PROMOTIONS, LLC provides to you and that you provide to MKM KNOCKOUT PROMOTIONS, LLC electronically, satisfy any legal requirement that such communications be in writing.
Changes
MKM KNOCKOUT PROMOTIONS, LLC may add to, delete, or otherwise change any of the Terms and Conditions by giving you notice ('Notice'):
- by electronic mail; or
- by ordinary post to your address contained in the Customer Details; or
- by posting on the Site.
Severability
The Terms and Conditions constitute:
- the entire agreement between MKM KNOCKOUT PROMOTIONS, LLC and You regarding Your use of the Site, and your grant of all rights in any Material submitted to the Site; and
- part of an Agreement for you to purchase Goods from MKM KNOCKOUT PROMOTIONS, LLC through the Site, as provided for herein.
The Terms and Conditions supersede all previous, written or oral agreements between you and MKM.
No waiver of any breach of the Terms and Conditions shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other term.
If any provision of the Terms and Conditions is held to be unlawful, invalid, and unenforceable or in conflict with any law in the USA, then any such provision will, to the necessary extent, be read down or severed from the Terms and Conditions, as applicable, and the remaining provisions will not be affected.
Your indemnity and assignment of all rights in any material submitted to MKM KNOCKOUT PROMOTIONS, LLC and the Site will survive any change to, or termination of, the Terms and Conditions.
Applicable law
The Terms and Conditions shall be governed by, and construed according to, the laws of the State of Florida, United States of America. Any dispute under the Terms and Conditions shall be subject to the non-exclusive jurisdiction of the Courts of the State of Florida, United States of America and by using this site, you hereby submit to that jurisdiction.