BY ACCEPTING THESE TERMS OF SERVICE OR USING OUR SQUDKICKS, BOOKING SERVICES, YOU UNDERSTAND THAT THIS IS A LEGALLY BINDING INSTRUMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. PLEASE READ THESE TERMS OF SERVICE IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT ACCESS OR USE OUR SQUADKICKS.
THESE TERMS OF SERVICE CONTAIN IMPORTANT TERMS AND CONDITIONS THAT AFFECT YOU AND YOUR USE OF THE SQUADKICKS, INCLUDING, UNLESS YOU CHOOSE TO OPT OUT, A PROVISION REGARDING BINDING ARBITRATION OF DISPUTES (OTHER THAN CERTAIN SPECIFIED INTELLECTUAL PROPERTY CLAIMS AND SMALL CLAIMS) AND A WAIVER OF CERTAIN RIGHTS TO JURY TRIALS AND/OR CLASS ACTIONS. PLEASE READ THE "DISPUTE RESOLUTION" SECTION (SECTION 19) IN ITS ENTIRETY. IN ADDITION, CERTAIN TERMS AND CONDITIONS MAY BE APPLICABLE TO USERS THAT RESIDE OUTSIDE THE UNITED STATES. PLEASE REVIEW SECTION 27 TO DETERMINE WHETHER THESE TERMS AND CONDITIONS APPLY TO YOU.
YOU CERTIFY THAT YOU ARE OF THE LEGAL AGE OF MAJORITY IN THE JURISDICTION IN WHICH YOU RESIDE OR, IF YOU ARE BETWEEN THE AGES OF 13 AND THE LEGAL AGE OF MAJORITY, THAT YOU ARE USING THE SQUADKICKS WITH THE SUPERVISION OF YOUR PARENT OR LEGAL GUARDIAN WHO AGREES TO BE BOUND BY THESE TERMS OF SERVICE. MAKE SURE TO REVIEW THESE TERMS OF SERVICE WITH YOUR PARENT OR GUARDIAN SO THAT YOU BOTH UNDERSTAND ALL OF YOUR RIGHTS AND OBLIGATIONS.
Squadkicks ("Squadkicks," "we," "us" or "our")Squadkicks is a booking payment processing site for live streamers and followers. We process the payment with your followers and schedule a one on one or group live meeting.
These Terms of Service ("Terms") apply to your purchase, access to, and use of, Squadkicks. These Terms do not alter in any way the terms or conditions of any other agreement you may have with Squadkicks, services or otherwise. If you are using Squadkicks on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or that entity violate these Terms. We reserve the right to change or modify these Terms on a going- forward basis at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes as appropriate, such as by sending an email notification to the address you’ve provided and/or notice through the Squadkicks. If we make an administrative change, we may provide notice by updating the "Last Updated" date at the top of these Terms.Eligibility; Registration and Account
The Squadkicks are intended solely for users who are 13 or older. Any registration for, or use of, the Squadkicks by anyone under the age of 13 is unauthorized, unlicensed and in violation of these Terms. You represent and warrant that you (a) are not identified on the Office of Foreign Assets Control’s Specially Designated Nationals List ("SDN List"), (b) are not placed on the U.S. Department of Commerce’s Denied Persons List or Entity List or any other U.S. export control list, (c) will not use IP proxying or other methods to disguise the place of your residence, (d) will not use the Squadkicks if any applicable laws in your country prohibit you from doing so in accordance with these Terms and (e) have not previously had your right to use the Squadkicks suspended or terminated. To access and use certain features of the Squadkicks, you may be required to register for an account. By creating an account, you agree to: (i) provide accurate, current and complete account information; (ii) maintain the security of your password, not share your password with any other person and accept all risks of unauthorized access to your account; and (iii) promptly provide notice at https://www.squadkicks.com if you discover or otherwise suspect any security breaches related to squadkicks.Software; and Updates
Certain equipment and software may be required to access and use the Squadkicks. In addition, we may need to automatically update some of the software you obtain through the squadkicks or provide you with new software to keep the Squadkicks functioning properly, which could include bug fixes, patches, enhanced features, missing plug-ins and new versions. By using the squadkicks, you agree to such automatic updating.Your Use of Squadkicks and Content
4.1 Content and Software License. Except as otherwise agreed upon, if we enable the use of software, content, virtual items or other materials owned or licensed by us ("Software and Content"), we hereby grant you a limited, nonexclusive, non-sublicensable license to access, install, and use the Software and Content solely for personal and noncommercial purposes, conditioned on your compliance with these Terms. You will not use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code of, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Software and Content, except as expressly permitted by us or as permitted under applicable law. Any unauthorized use of the Squadkicks is strictly prohibited and will terminate the license granted in these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
Third Party Content. Your use of services, applications, or content provided by third parties ("Third Party Content") made available through the Squadkicks may be subject to additional end user agreements. In the event that these agreements conflict with the provisions of these Terms, these Terms will govern. Squadkicks has no responsibility or liability with respect to your access to or use of the Third Party Content, or any content or functionality contained in such Third Party Content, your rights to which are solely provided pursuant to a license between you and the provider of such Third Party Content. In no event shall Squadkicks be considered the licensor of the Third Party Content, to have granted any rights to use the Third Party Content, to have assumed any obligations with respect to the Third Party Content, or to have made any representations or warranties with respect to the Third Party Content.
If you are not presented with an end user license agreement when you acquire Third Party Content, the following license terms apply to your use of such Third Party Content: (a) the third party providing the Third Party Content (and not Squadkicks) is the licensor of such Third Party Content; (b) such party grants you a limited, nontransferable license to access and use the Third Party Content only for your personal and noncommercial purposes; and (c) you may not modify, decompile or disassemble the Third Party Content in whole or in part, or create any derivative works from or sublicense any rights in or to the Third Party Content, unless otherwise expressly authorized by the third party or as permitted under applicable law.
If a provider of Third Party Content violates any of our policies, we may remove or disable that Third Party Content. To the extent permitted by applicable law, we will not incur any liability or responsibility for such removal or disabling of Third Party Content.
Network Costs. You may be charged by your network provider for data services or any other third party charges as may arise while using the Squadkicks and you accept responsibility for such charges. If you are not the bill payer, we will assume that you have received permission from the bill payer.
Account. You may be required to be a registered user in order to purchase Squadkicks. You are responsible for all charges incurred in connection with your account. We may attempt to collect unpaid charges, including by attempting additional charges to your payment instrument, use of collections agencies and any other legal means. If you decide to cancel your account, we reserve the right, subject to any limitations under applicable laws, to collect fees, surcharges, or costs incurred before cancellation. Any delinquent or unpaid accounts must be settled before we will allow you to register again.
Pricing and Payment. We may accept various forms of payment, including credit and debit cards, cryptocurrency Payments. Additional terms with your payment provider may apply. By submitting an order or pre-order, you acknowledge that you are authorized to use the designated payment method and you authorize us to charge your order to that payment method. When you provide your payment information, you authorize us (or a third party payment processor) to process and store your payment and related information. Limited for orders outside of the United States and Canada) to process payment. In the event the payment method you designate cannot be verified, is invalid, or is not otherwise acceptable, we may suspend or cancel your order. You are responsible for resolving any problems we encounter in order to proceed with your order. Prices are subject to change without notice. We reserve the right to refuse or cancel orders at any time and in our sole discretion."No Returns Accepted” " All purchases made in the system are final, and are not refunded.
Missed appointments- If the Streamer misses a set appointment it’s the streamers responsibly to reschedule or to reimburse follower funds plus additional service fees and taxes. Followers are consumers and streamers are merchants.
use or sales tax, duty or other governmental tax or fee ("Taxes"), then we may charge you for those Taxes. Applicable Taxes may be presented at checkout. You are responsible for any Taxes due with respect to your use of Squadkicks. Content Cancellations; Returns. All purchases of digital content are final except as required by law, Once you purchase content, we encourage you to download, install and/or access it promptly. You consent that the supply of the digital content may begin immediately following the completion of your purchase, and you acknowledge that you therefore will lose any statutory rights you may have to withdraw and receive a refund. The laws of some jurisdictions do not allow the disclaimer or removal of certain statutory rights, so this waiver of statutory rights may not apply to you.Acceptable Use
We may display age, comfort, and content ratings for digital content that are based on information provided to us by the developers of such content. We cannot guarantee that digital content ratings will always be accurate, nor can we promise that you will not find some material harmful, offensive, indecent or objectionable.Ownership and Intellectual Property
Unless otherwise indicated, Squadkicks our licensors and are protected by copyright, trademark and other laws of the United States and foreign countries. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying of Squadkicks.Feedback
Separate and apart from User Content, you may submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about us and our Squadkicks (collectively, "Feedback"). You agree that Squadkicks and its affiliates shall be able to use the Feedback in any way they may choose without any obligation to you.Export Compliance and U.S. Government Rights
You will comply with all applicable export control laws of the United States and any other applicable governmental authority, including without limitation, the U.S. Export Administration Regulations ("Export Laws"). You will not, directly or indirectly, export, re-export or download the Squadkicks: (a) to any individual, entity or country prohibited by Export Laws, including by any U.S. sanctions program; (b) to anyone on the SDN List, the Denied Persons List or Entity List or other export control lists; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical or biological weapons proliferation or development of missile technology. You further represent and warrant that no U.S. federal agency has suspended, revoked or denied your export privileges and you are not listed on the SDN List. Squadkicks, including all related software, technical data and documentation, are "Commercially-available off-the-shelf (COTS)items" as that term is defined in 48 C.F.R. §2.101. We provide the Squadkicks for U.S. Government end use solely in accordance with the following: (a) Squadkicks are licensed only as COTS items; and (b) the U.S. Government will have the same rights as all other end users pursuant to these Terms. This customary commercial license is provided in accordance with FAR 12.211 (Technical Data) and FAR 12.212 (Software) and, for U.S. Department of Defense transactions, DFARS 252.227-7015 (Technical Data – Commercial Items) and DFARS 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). If a U.S. Government agency has a need for any additional rights, it must negotiate directly with Squadkicks to determine if the parties can negotiate an acceptable amendment to these Terms that must be included in any applicable contract or agreement.Hyperlinks
You are granted a limited, non-exclusive right to create text hyperlinks to our websites for noncommercial purposes; however, you may not use our logos or other proprietary graphics to link to our sites without our express written permission. Squadkicks may contain links to third-party websites, applications or other third-party services, and you understand that by accessing third-party links, you may be exposed to content that is offensive, harmful, inaccurate or otherwise inappropriate. You understand and agree that we are not responsible or liable for the availability or accuracy of such third-party properties or the content, products or services made available through such properties. We do not endorse or control such third-party properties and we make no representations or warranties of any kind regarding such properties. If you access or use any third-party properties, you should also be aware that such third parties’ terms and policies will govern.Indemnification
You agree to defend, indemnify and hold harmless Squadkicks and our affiliates, independent contractors and service providers, and each of our respective directors, officers, employees and agents (collectively, " Squadkicks Parties") from and against all third-party claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) caused by, arising out of or related to (a) your purchase or use of, or inability to use, the Squadkicks; (b) your violation of these Terms or any other applicable terms, policies, warnings or instructions provided by Squadkicks or a third party in relation to Squadkicks; (c) your violation of any applicable law or any rights of any third party; or (d) any User Content or Feedback you provide.Limitation of Liability
Squadkicks SHALL HAVE NO LIABILITY FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES, ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE Squadkicks, EVEN IF A Squadkicks PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE Squadkicks PARTIES ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE Squadkicks EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID US TO USE OUR Squadkicks. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, OR IS INTENDED TO AFFECT YOUR NON-WAIVABLE STATUTORY RIGHTS.Dispute Resolution
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO SUBMIT TO BINDING ARBITRATION (JURY TRIAL WAIVER) OF ANY AND ALL DISPUTES (OTHER THAN SPECIFIED INTELLECTUAL PROPERTY CLAIMS AND SMALL CLAIMS) WITH Squadkicks AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM Squadkicks (NO CLASS ARBITRATIONS, CLASS ACTIONS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS).
Binding Arbitration; Disputes; Small Claims. You and Squadkicks agree to waive any right to a jury trial, or the right to have any Dispute resolved in any court, and instead accept the use of binding arbitration (which is the referral of a Dispute to one or more impartial persons for a final and binding determination); provided, however, that you have the right to litigate any Dispute in small claims court, if all the requirements of the small claims court, including any limitations on jurisdiction and the amount at issue in the Dispute, are satisfied. You agree to bring a Dispute in small claims court in Martin County Florida, or, if you reside in the U.S., in a small claims court in your county of residence. "Dispute" as used in this Section 19 means any dispute, cause of action, claim, or controversy arising out of or in any way related to Squadkicks in connection with these Terms, the subject matter of these Terms, or access to and use of the Squadkicks, including but not limited to contract, personal injury, tort, warranty, statute or regulation, or other legal or equitable basis and disputes that involve third parties (such as developers of Third Party Content), except any dispute, cause of action, claim, or controversy relating to Squadkicks intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and/or patents). You and Squadkicks empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable.
No Class Arbitrations, Class Actions or Representative Actions. You and Squadkicks agree that any Dispute is personal to you and that any Dispute shall only be resolved by an individual arbitration and shall not be brought as a class arbitration, a class action, or any other representative proceeding. Neither party agrees to class arbitration, or an arbitration where a person brings a Dispute as a representative of any other person or persons. Neither you nor Squadkicks agree that a Dispute can be brought as a class or representative action whether inside or outside of arbitration, or on behalf of any other person or persons.
Federal Arbitration Act. You and Squadkicks agree that these Terms affect interstate commerce and that the enforceability of Section 19 shall be governed by, construed, and enforced, both substantively and procedurally, by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA") to the maximum extent permitted by applicable law.
Confidentiality. The arbitrator, Squadkicks, and you shall maintain the confidentiality of any proceedings, including but not limited to, any and all information gathered, prepared, and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator shall have the authority to make appropriate rulings to safeguard that confidentiality, unless the law provides to the contrary.
Process. Our goal is to resolve claims fairly and quickly. Accordingly, for any Dispute that you have against Squadkicks, you agree to first contact Squadkicks and attempt to resolve the claim informally by sending a written notice of your claim ("Notice") to Squadkicks. The Notice to Squadkicks must be sent by certified mail addressed to: General Counsel, Squadkicks,8100 SE River LN,Stuart,FL. The Notice must (a) include your name, residence address, and the email address and/or mobile telephone number associated with your Squadkicks account; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. If you and Squadkicks cannot reach an agreement to resolve the claim within 30 days after such Notice is received, then either party may, as appropriate in accordance with this Section 19, commence an arbitration proceeding or file a claim in court. You and Squadkicks agree that any Dispute must be commenced or filed within one year after such claim arose; otherwise, the Dispute is permanently barred.
In the event that you and Squadkicks cannot resolve a Dispute and you do not pursue your claims through small claims court, you or Squadkicks shall promptly submit the Dispute to binding arbitration at the office of the American Arbitration Association ("AAA"). In the event AAA declines or is unable to administer the arbitration, you and Squadkicks agree to use an arbitration forum or arbitrator that you and Squadkicks mutually agree upon. If, after making a reasonable effort, you and Squadkicks are not able to agree upon an arbitration forum or arbitrator, AAA or a court having proper jurisdiction will appoint an arbitration forum or arbitrator.
The arbitration will be conducted in accordance with the AAA Consumer Arbitration Rules ("AAA Rules") then in effect. The AAA Rules and other information about AAA and arbitration are readily available at https://www.adr.org, by calling 1-800-778-7879, or by mail at 120 Broadway, Floor 21, New York, NY 10271. By entering into these Terms, you either (1) acknowledge that you have read and understand the AAA Rules or (2) waive reading the AAA Rules and waive any claim that the AAA Rules are unfair in any way. You and Squadkicks agree that these Terms govern the arbitration, and that the applicable AAA Rules shall be subject to changes in procedures that AAA may make from time to time. As limited by the FAA, these Terms, and the applicable AAA Rules, the arbitrator will have the exclusive power and jurisdiction to make all procedural and substantive decisions concerning the Dispute; provided, however, that this power does not include the power to conduct a class arbitration or a representative action, which is prohibited by these Terms (as stated above). The arbitrator may only conduct an individual arbitration, and may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding, or any proceeding on behalf of or involving more than one person or persons. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, Squadkicks will pay all filing, AAA, and arbitrator’s fees and expenses. If the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected (or if we did not make a settlement offer before an arbitrator was selected), then we will pay you the amount of the award or US $5,000, whichever is greater, and pay your attorney, if any, the amount of attorneys’ fees incurred, and reimburse any expenses (including expert witness fees and costs) that you or your attorney reasonably accrue for investigating, preparing and pursuing your claim in arbitration. We waive any right to seek an award of attorneys’ fees and expenses in connection with any non-frivolous arbitration between you and us. Right to Opt Out. You may opt out of this agreement to arbitrate. If you do so, neither you nor Squadkicks can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within 30 days of the date that you first became subject to this arbitration provision, and must include your name and residence address, the email address you use for your Squadkicks account (if you have one), and a clear statement that you want to opt out of this arbitration agreement. Any requests to opt out must be sent to: General Counsel, Squadkicks, 8100 SE River LN, Stuart Florida 34997 If a court or arbitrator decides that any of this section's limitations cannot be enforced as to a particular claim for relief or request for a remedy (such as public injunctive relief), then that claim or request for a remedy (and only that claim or request) must be severed from the arbitration and may be brought in court. Unless you choose to opt out, this dispute resolution provision in Section 19 shall survive termination of these Terms. The courts in some countries may not permit you to consent to arbitration. If you reside in one of those countries, your country’s laws will apply.
20.1 The laws of the State of Florida, excluding its conflicts of law rules, govern your access to and use of Squadkicks. Your access to and use of the Squadkicks may also be subject to other local, state, national or international laws.
20.2 To the extent the provisions in Section 19 do not apply, you further agree that all disputes, causes of action, claims, or controversies arising under these Terms that cannot be settled through informal negotiation will be resolved exclusively in the United States District Court and you agree to submit to the personal jurisdiction of such courts for the purposes of litigating all such claims to the extent allowed by law. The courts in some countries may not apply Florida law to some types of disputes or allow you to consent to jurisdiction in Florida. If you reside in one of those countries, your country's laws will apply to such disputes related to Squadkicks. In particular, if you are a consumer and habitually reside in a Member State of the European Union, the laws of that Member State will apply to any claim, cause of action, or dispute between us that arises out of or relates to these Terms or Squadkicks and the claim, cause of action, or dispute may be resolved in any competent court in that country that has jurisdiction over the claim. In all other cases, you agree that the claim must be resolved as described in these Terms.Modifications to the Squadkicks
We reserve the right to change, suspend, remove, discontinue or disable access to Squadkicks or particular portions thereof, at any time and without notice. In no event will Squadkicks be liable for the removal of or disabling of access to any portion or feature Squadkicks.Termination
We reserve the right to terminate your right to access and use the Squadkicks if you violate these Terms or any other terms or policies referenced herein, or if you otherwise create risk or possible legal exposure for us.Severability
If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.Assignment
You may not assign these Terms or any of the rights granted hereunder without the prior written consent of Squadkicks, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, these Terms will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.Nonwaiver
Any failure Squadkicks to insist upon or enforce performance by you of any of the provisions of these Terms or to exercise any rights or remedies under these Terms or otherwise by law will not be construed as a waiver or relinquishment of any right to assert or rely upon the provision, right or remedy in that or any other instance; rather, the provision, right or remedy will be and remain in full force and effect.Fraud and money laundering
Squadkicks reserves the right to block or withhold the funds in the client’s account and/or suspend or close the client’s account if it is known or there is reason to believe that one or more of the following cases are true:
a. Account opened under a false name
b. Submission of fraudulent or tampered document
c. Opening of more than one Squadkicks account
Squadkicks likewise reserves the right to cancel any request for a deposit, withdrawal, or refund of the client’s funds.
No person shall abuse this site for the purpose of money laundering. Squadkicks employs best-practice anti-money laundering procedures. All transactions are checked to prevent money laundering, which may have several effects on clients. The Company reserves the right to refuse to do business with, to discontinue to do business with, and to reverse the transactions of clients who do not accept or adhere to these anti-money laundering processes. Acceptable funds should not originate from criminal activity. Squadkicks is bound to report suspicious transactions to relevant authorities.