Legal Information and Copyright Warning

Here’s the deal – and it’s simple. Steal our work, and you will more than likely be sued.

The artwork and wording on this site is ours, copyrighted and trademarked by us, or our clients. If you steal it, misappropriate it, or use it in any way you will be sued for damages, lawyer’s fees, civil charges, etc. The internet has made it so easy to find when our work has been stolen. There’s legions of other designers who follow our work, and they always let us know. To date, KickCharge® Creative has collected over $68,000 in damages from folks who loved our work so much, they figured they’d just steal it and use it for their own use. We have an intellectual property lawyer, and he loves this stuff. It’s easy money. So just be forewarned.

Copyright and how it works.

All website designs, text, graphics, logos, images, the selection and arrangement thereof, and all software is Copyright © 1995-2014 KickCharge Creative. All rights reserved. The collection of all content on this site is the property of KickCharge Creative and is protected by U.S. and international copyright laws. All software used on this site is the property of KickCharge Creative or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of this site for the purpose of placing an order with KickCharge Creative. Any other use of materials on this website – including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance – without the prior written permission of KickCharge Creative is strictly prohibited. KickCharge Creative, along with legions of our fans, actively searches the Internet for copyright infringements and will prosecute. KickCharge Creative prohibits the reproduction and/or redistribution of part or all of the following copyrighted items:

  • Text/Pages/Posts
  • Codes and Scripts including HTML code
  • Images, Graphics, and Logos
  • Audio and Video
  • Design Elements and Concepts
  • Colors and Themes

KickCharge Creative prohibits the reproduction and/or redistribution of part or all of the following trademarked items:

  • Name
  • Slogan
  • Logo
  • Characters

Federal Copyright/Trademark Laws prohibit the distribution, reproduction, and/or public display of data that is copyrighted/trademarked without the written permission of the copyrighted/trademark owner. If it is discovered that any of the above copyrighted or trademarked items are being used without the written permission of KickCharge Creative, KickCharge Creative is prepared to prosecute to the fullest extent that the law permits. This includes fines, civil charges, lawyer fees, statutory damages, and/or criminal charges. The infringer IS NOT the only person who can be held responsible. KickCharge Creative can prosecute the infringer, website owner, and the hosting company and/or search engines (e.g. Google®). Negligence towards intellectual property theft, federal and state copyright law and/or misdirection or misguidance brought about by or on behalf of a third party entity does not constitute reasonable grounds for infringement of these aforementioned copyrighted and trademarked materials and will be disregarded in the event KickCharge Creative moves forward with legal action. The following is a list of repercussions for copyright/trademark infringement that KickCharge Creative may seek to enforce in the event an infringement of copyrighted and/or trademarked property owned by KickCharge Creative is used without permission, as we like to call it…

Bad stuff that will happen if you steal our work.

  • Your web site will be taken down and removed completely from the Internet. Usually within 24 hours of us notifying the hosting company.
  • Your website will be removed from the host servers indefinitely
  • Removal from search engines
  • Loss of ability to process any payments
  • You will be liable for statutory damages
  • You will be fined the amount of lost profits and damages. And it will be costly.
  • Responsibility for payment of all court and attorney fees incurred during the entirety of the legal process
  • Copyright Infringement is considered theft and an accused person can be charged with theft
  • Jail Time

If copyright and/or trademark infringement is detected, KickCharge Creative has many options, which includes sending a Cease and Desist Letter. KickCharge Creative can opt to immediately file a lawsuit demanding statutory damages and lawyer fees. Please note that a Cease and Desist Letter IS NOT mandatory. This letter is a warning to let the infringer know that we plan to aggressively protect our website if the information isn’t removed immediately. If KickCharge Creative opts to file a lawsuit, the person and/or company responsible for the infringement may find themselves responsible for extensive attorney fees and court costs just to defend their action. KickCharge Creative is prepared to seek action against those parties found to have infringed on the illegal use or misuse of the contents of this website regardless of the degree of infringement. KickCharge Creative has invested in strict website monitoring capabilities and practices to ensure the sanctity and proper usage of its displayed content and capabilities within the website.

Disclaimer

All visitors to this site agree that usage is at will and at your own risk. This site (including all content and functions made available or accessed through this site) is provided “as-is”. To the fullest extent permitted by law, KickCharge Creative makes no representations or warranties of any kind whatsoever about the (1) accuracy, merchantability, fitness for a particular purpose or non-infringement of any content published on or made available through this site, or (2) that the server that makes this site available free of viruses and other components that may infect, harm, or cause damage to your computer equipment or any other property when you access, browse, download from, or otherwise use this site. Under no circumstances, including but not limited to KickCharge Creative’ negligence, shall KickCharge Creative be liable for any consequential, incidental, indirect, punitive or special damages related to (A) the use of the site (B) the inability to use the site, or (C) errors or omissions in the content and functions of the site, even if KickCharge Creative or any authorized representative thereof has been advised of the possibility of such damages.

Indemnification

You agree to indemnify, defend and hold harmless KickCharge Creative and all of its agents, directors, employees, information providers, licensors and licensees, officers and affiliated organizations (collectively, “Indemnified Parties”) harmless from and against any and all liability and costs (including, without limitation, attorneys’ fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms or your foregoing representations, warranties or covenants. You agree to cooperate as fully as reasonably required in KickCharge Creative’ defense of any claim. KickCharge Creative reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of KickCharge Creative.

General Provisions

These terms and conditions and any additional terms posted on the site constitute the entire agreement between KickCharge Creative and website visitors with respect to individual use of this site. If, for any reason, a court of competent jurisdiction finds any provision of these terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of these terms shall continue in full force and effect.

Ready to KickCharge
Your Business?
Give us a call at 800.836.4666,
send us a message, or request a quote here.
  • *Required Field