Terms & Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of KTI Promo. The collective work includes works that are licensed to KTI Promo. Copyright 2020, KTI Promo ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with KTI Promo or purchasing KTI Promo products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with KTI Promo or to purchase KTI Promo products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by KTI Promo. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names of KTI Promo used in the site are trademarks or registered trademarks of KTI Promo.

Warranty Disclaimer

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, KTI Promo disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. KTI Promo does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. KTI Promo does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

KTI Promo shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if KTI Promo has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors

In the event that a KTI Promo product is mistakenly listed at an incorrect price, KTI Promo reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. KTI Promo reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, KTI Promo shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by KTI Promo without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

KTI Promo may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to KTI Promo.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of KTI Promo products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of KTI Promo products) must be commenced within one (1) year after the claim or cause of action arises. KTI Promo failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. KTI Promo may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a KTI Promo or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

KTI Promo does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, KTI Promo is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, KTI Promo reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to KTI Promo in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless KTI Promo, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, KTI Promo may link to sites operated by third parties. However, even if the third party is affiliated with KTI Promo, KTI Promo has no control over these linked sites, all of which have separate privacy and data collection practices, independent of KTI Promo. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, KTI Promo seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

User Generated Content

"User Generated Content" means comments, photos, videos and other content you post or share on a social media platform and by tagging or using a KTI Promo Sports handle or hashtag. By posting, distributing, sending or displaying User Generated Content, you are granting to KTI Promo Sports a limited, non-exclusive, royalty-free, perpetual, transferable, fully paid-up, worldwide, and sublicenseable right to use, modify, reproduce, distribute, publicly display and publicly perform your User Generated Content in any and all digital media now known or hereinafter developed (including digital and email marketing) without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Generated Content, for KTI Promo Sports' marketing purposes. This license is perpetual, meaning that the license lasts for an indefinite period of time. You continue to retain all ownership rights in your User Generated Content, and you continue to have the right to use your User Generated Content in any way you choose, subject to these terms and the license described herein.
You represent and warrant that you own the content submitted, displayed, published or posted by you and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and KTI Promo Sports use thereof does not and will not infringe or otherwise violate the privacy rights, publicity rights, copyright, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
User Generated Content submitted by you is deemed non-confidential and KTI Promo Sports is under no obligation to treat such User Generated Content as proprietary information. KTI Promo Sports is under no obligation to accept or transmit User Generated Content and can remove User Generated Content from its media for any reason at any time. If you believe in good faith that certain User Generated Content on our website infringes your copyright rights, please provide the written information requested below. The procedure outlined below is exclusively for notifying KTI Promo Sports that your copyrighted material has been infringed.

Please provide the following information in the following order:

A clear identification of the copyrighted work you claim was infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on our website, such as a link to the infringing material.
Your contact information so that we can reply to your complaint, preferably including your name, address, email address and telephone number.
Include the following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. This information and notification is accurate. Under penalty of perjury, I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claims of copyright infringement on our website should be emailed or mailed to:
KTI PROMO
Attn: Marketing Department
10415-A Westpark Drive
Houston, TX 77042