Terms Of Use

The Terms of Use below (“Terms of Use”) are applicable to the website located at https://kyrieirving.com (together with all microsites or subdomains hosted thereunder, and any other website that links to these Terms of Use, collectively, the “Site”), which is administered by KAI Family Enterprises, LLC  (the “Company”). The Terms of Use are an agreement between the Company and you and govern your use of the Site; by accessing the Site you acknowledge and agree to accept the Terms of Use. The Terms of Use incorporate the Privacy Policy referenced below.

WE MAY AMEND THESE TERMS OF USE AT ANY TIME.  ACCORDINGLY, YOU SHOULD CHECK THE WEBSITE FREQUENTLY FOR ANY CHANGES TO THESE TERMS OF USE.  YOU CONTINUED USE OF THIS SITE OR OUR SERVICES AFTER ANY CHANGE OR AMENDMENT TO THESE TERMS OF USE SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR AMENDMENTS.  THESE TERMS OF USE MAY NOT BE OTHERWISE AMENDED EXCEPT IN A WRITING SIGNED BY YOU AND COMPANY.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS SITE.

TERMS OF USE.

1. Content; Intellectual Property.

(A) Copyright.  The content, information, data, software, photographs, graphs, video, typefaces, music, sounds, images, illustrations, maps, designs, icons, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters, in all forms, related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights.  The copying, redistribution, storage, use or publication by you of any such matters or any part of the Site, except as allowed by Section 1.C below, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code, and strictly prohibited.  You do not acquire ownership rights to any content, document or other materials viewed through the Site.  The posting of information or materials on the Site does not constitute a waiver of any rights in such information and materials.

(B) Trademarks.  You may not use (i) any trademark, trade name service mark, logo, symbol or other proprietary graphic of Kyrie Irving, Company or any of their affiliates, (ii) any metatags or (iii) any other “hidden text” utilizing any of the above (including without limitation without Company’s express written consent.  Other company or institution names identified on the Site may be the trademark, trade name, service mark, logo, symbol or other proprietary designation of a third party and may not be used without that party’s consent.

(C) Limited Right to Use.  The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use.  No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).  Improper or fraudulent uses shall be prosecuted to the fullest extent of the law.

2. Eligibility.    In accordance with the Children’s Online Privacy Protection Act of 1998, children under the age of 13 may not use the Site, and parents or legal guardians may not agree to this User Agreement on their behalf. If we become aware that a child under 13 has provided or attempted to provide us with personal information, we will use our best efforts to remove the information permanently from our files. If you are under the age of 18 but at least 13 years of age, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by this User Agreement. If you are a parent or legal guardian agreeing to this User Agreement for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of the Site, including all financial charges and legal liability that he or she may incur.

3 Registration and Passwords.  If any portion of this Site is now or hereafter password protected, you may be required to create a user name or password or create a profile to access certain features of the Site. In such case, you may not attempt to access any password-protected areas of the Site without authorization. You are solely responsible for maintaining the confidentiality of any passwords, account information, user names and/or security questions and answers for the Site, and may not share them with others or allow others to use them. If you share any such information with a third party, you assume all responsibility for such party’s activity related to the Site, and you must notify the Company immediately if you become aware of any unauthorized use. All information the Company provides to Site users supplying a password is confidential and intended solely for its intended recipient.

4. Use of the Site; Applications.  You agree to the following with respect to your use of the Site:

(A) You agree that all communication or content submitted or uploaded by you: (a) shall not be false, inaccurate or misleading; (b) shall not violate the rights of any third party, including without limitation privacy and proprietary rights; (c) shall not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not be fraudulent or involve counterfeit or stolen items; (e) shall not violate any law, statute, ordinance or regulation; (f) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, data or personal information; and (h) shall not create liability for Company.

(B)Any communication or content that you send to the Site is and will be deemed to be non-confidential as between you and us.

(C)You will not (i) do anything to restrict or inhibit others from using the Site;

(ii) use automated means to access the Site or delete, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Site; (iii) alter or modify the Content; (iv) forward the Content as a mass distribution or otherwise send spam or other unauthorized advertisements or solicitations through the Site; (v) post the Content on another website (including social media sites), or otherwise copy (except as permitted in Section 1), distribute or modify any portion of the Site; (vi)  remove or obscure any copyright notice or other notices or legends featured on the Content; (vii) solicit private information from users of the Site or attempt to violate the security of this Site to use or gain access to the information or computers of others through this Site; (vii) use this Site in violation of any law, regulation, rule or the intellectual property or contractual rights of others, or in any manner that could expose the Company or users of the Site to harm or liability; (viii) harvest, scrape, collect, download or print large portions of Content from the Site, (ix) engage in harassment, bullying, threats, stalking, or hate speech; (x) intentionally or knowingly post content that constitutes libel or defamation, or is false or inaccurate; (xi) attempt to impersonate another user or individual, misrepresent your affiliation with any individual or entity, use the username of another user with the intent to deceive or otherwise engage in fraud;; or (x) attempt or assist anyone else to do any of the foregoing.

5.  Breach of Terms of Use.  Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your access to the Site, if: (a) you breach these Terms of Use or the documents they incorporate by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause legal liability for you, other Site users, or us.

6. Linked Sites.  The Company does not take the responsibility to review, monitor endorse or control the content on any websites (including social media sites) linked to or from the Site. You visit any website linked to or from this Site at your own risk, and are subject to the privacy policies and terms of use of any such sites. The Company disclaims responsibility for the privacy policies and customer information practices of third-party websites linked to or from the Site.

7. International Use.  The Site is operated and controlled by the Company in the United States, and the Content provided in or accessible through the Site is, unless otherwise specified, directed at residents of the United States. Despite the global nature of the internet, the Company makes no claims that the Content or the Site are appropriate or may be viewed or used outside the United States. Access to the Site from countries or territories where such access is illegal is prohibited. Those who access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, rules and regulations.

8. No Warranties/Disclaimer.  THE SITE IS PROVIDED STRICTLY ON AN “AS IS,” “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SITE OR ANY SERVICES PROVIDED THROUGH THE SITE OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SITE OR THAT THE SITE, THE CONTENT CONTAINED THEREIN OR SERVICES PROVIDED THROUGH THE SITE  WILL BE UNINTERRUPTED OR ERROR-FREE.   FURTHERMORE, COMPANY MAKES NO WARRANTY THAT ANY DEFECTS, ERRORS OR INACCURACIES, WHETHER KNOWN OR UNKNOWN, WILL BE CORRECTED, OR THAT THE SITE OR ANY  SERVICES  WILL BE VIRUS-FREE.  COMPANY  DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU.  IN THOSE STATES, COMPANY’S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

9. Damage Limitation.  TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, DONORS, AGENTS AND REPRESENTATIVES BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS OR BUSINESS INTERRUPTION, RELATING TO YOUR ACCESS TO, USE OF (OR INABILITY TO USE) OR DISTRIBUTION OF THE SITE OR ANY CONTENT THEREIN. THIS IS TRUE EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

UNDER NO CIRCUMSTANCES WILL COMPANY, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, DONORS, AGENTS AND REPRESENTATIVES (“COMPANY PARTIES”)  BE LIABLE UNDER ANY SECTION OF THESE TERMS OF USE OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.  COMPANY PARTIES SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR TECHNOLOGY AND IN NO EVENT SHALL COMPANY’S LIABILITY YOU EXCEED ONE HUNDRED DOLLARS ($100.00).  NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OF USE MAY BE BROUGHT BY YOU OR COMPANY MORE THAN ONE (1) YEAR AFTER THE EVENT UNDERLYING THE CAUSE OF ACTION HAS OCCURRED.  THE TERMS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THESE TERMS OF USE AND YOUR USE OF THE SITE.  IN JURISDICTIONS THAT RESTRICT LIMITATION OF LIABILITY PROVISIONS, COMPANY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.  THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

10. Notice and Takedown Procedures; Copyright Agent.  The Company respects the intellectual property rights of others. If you believe your copyright has been infringed by materials accessible on the Site, you may request removal of such materials from the Site by notifying our designated Copyright Agent by sending a notice containing the following information: (A) An electronic or physical signature of the copyright owner or a person authorized to act on the copyright owner’s behalf; (B) Identification and description of the copyrighted work that you believe to be infringed, including, if possible, a copy or location (for example, a URL) of an authorized version of the work; (C) Identification and description of the material you believe to be infringing such copyrighted work and its location; (D) The name, address, telephone number, and, if available, email address at which the copyright owner or its authorized representative may be contacted; (E) A statement that you 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; (F) A statement that the information in the notice is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Our designated Copyright Agent is:  Copyright Agent at [email protected]

11. Governing Law/Venue.  .  These Terms of Use will be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of laws provisions.  The exclusive personal jurisdiction of and venue for all disputes arising out of these Terms of Use and any use of the Site shall be the state and federal courts located within Hudson County, State of New Jersey and you consent to such jurisdiction and waive all objections to such jurisdiction and venue.

12.  Entire Agreement. These Terms of Use constitute the sole agreement between Company and you regarding the subject matter contained herein and fully supersede any and all other understandings or agreements, either oral or written.  You acknowledge and agree that you have read and understand these Terms of Use and agree to be bound by the same.

13.  Force Majeure.  Company will not be liable in any amount for failure to perform, or delay in performing, any obligations hereunder if such delay or failure is caused by any event beyond its reasonable control including, but not limited to, acts of third parties, wars, hostilities, revolutions, riots, civil commotion, national emergency, strikes, lock-outs, unavailability of supplies, epidemics, fire, flood, earthquake, force of nature, explosion, embargo, or any other Act of God, unavailability, errors or other failures of the Internet, other data networks, or telecommunications systems, any law, proclamation, regulation, ordinance, or other act or order of any court, government or governmental agency or delays.

14.  Severability.  If any provision of these terms and conditions as such may exist or may hereafter be amended, is found to be invalid, illegal or unenforceable for whatever reason, such provision shall be fully severable and the other remaining provisions shall remain in full force and effect, and shall be construed as if the illegal, invalid or unenforceable provision never comprised a part thereof. Furthermore, in lieu of such invalid, illegal or unenforceable provision there shall be added automatically in its place a provision as similar in its terms and intent to the illegal, invalid or unenforceable provision as may be possible and be legal, valid or enforceable.

15.  No Waiver.  Any failure of Company to enforce any provision of these Terms of Use shall not constitute a waiver of any rights under such provision or any other provision of these Terms of Use.  Company may only make such waiver by an express writing.

16.  Privacy policy.  Our Privacy Policy set forth in the Site is part of these Terms of Use and is incorporated herein.  These Terms of Use apply to the Privacy Policy.

17.  Notices.  To the fullest extent permitted by law, you agree to receive all legally required notices regarding the Terms of Use or any privacy or security breaches relating to the Site by email at the address you use to contact the Site.