Terms of Use

Agreement to terms

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and KicksOnFire (“we,” “us,” or “our”), concerning your access to and use of the kicksonfire.comwebsite as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Strict age requirement: The Site, mobile applications, and all associated marketplace or promotional features are intended exclusively for users who are at least 18 years old. Persons under the age of 18 are strictly prohibited from using the Site, creating accounts, subscribing to alerts, purchasing virtual items, or participating in any marketplace or giveaway offerings.

Intellectual property rights

Our proprietary content

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

Third-party trademark & brand non-affiliation

All third-party product names, logos, brands, trademarks, and registered trademarks (e.g., Nike, Jordan, Adidas, Yeezy, etc.) featured or referred to within the Site are the property of their respective trademark holders. Unless expressly stated otherwise, KicksOnFire is not affiliated, associated, authorized, endorsed by, or in any way officially connected with these trademark owners or any of their subsidiaries or affiliates. The use of these names and brands is solely for identification, descriptive, and product discovery purposes.

User-generated content (UGC)

The Site and mobile applications allow you to upload, submit, post, display, or transmit content, including but not limited to user profile avatars, Local Heat marketplace listing photos, descriptions, and text messages sent via our in-app chat systems (collectively, “User-Generated Content” or “UGC”).

Your responsibility for UGC: You are solely responsible for the UGC you post. You represent and warrant that you own or have the necessary licenses and rights to distribute your UGC and that it does not infringe upon the intellectual property, privacy, or publicity rights of any third party.

License grant to KicksOnFire: By uploading or posting UGC to the Site or mobile applications, you grant KicksOnFire a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, display, modify, distribute, and archive your UGC (such as listing photos and descriptions) for platform operation, promotional purposes, and marketplace optimization across any media channels.

Right to monitor and remove: We reserve the absolute right, but assume no legal obligation, to pre-screen, review, flag, filter, modify, or delete any UGC at any time and for any reason without prior notice, including UGC that we deem to violate these Terms of Use or mobile application store guidelines.

Digital Millennium Copyright Act (DMCA) notice and takedown

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”).

To be effective, the Notification must be a written communication that includes the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the infringed right;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
• Your contact information, including your address, telephone number, and an email address;
• 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; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner.

Designated agent contact: [email protected]

Editorial & market intelligence disclaimers

KicksOnFire is primarily an information, data aggregation, and product discovery platform. The Site features editorial content, sneaker release dates, estimated retail prices, colorway specifications, production details, countdown timers (“Days until retail”), popularity rankings, and various algorithmic platform metrics (such as “Heat Scores” and aggregated “Want” counts).

Informational purposes only: All market intelligence, price estimations, and data indexes are provided for informational and entertainment purposes only. Nothing on the Site constitutes financial, investment, commercial, or purchasing advice.

Data errors and delays: Sneaker release environments are highly volatile. You explicitly acknowledge that release dates, retail pricing data, stock availability projections, and product specifications may be delayed, incomplete, estimated, or entirely inaccurate. KicksOnFire is not liable for any financial losses, missed purchase opportunities, or decisions made based on stale or inaccurate data on the Site.

Algorithmic metrics:“Heat Scores,” “Want” tallies, and shop sorting configurations are proprietary algorithmic signals calculated from internal user activity and platform engagement. They are not metrics of financial value, guarantees of secondary market performance, or assurances of real-world retail availability.

“Want” alert subscriptions

The Site provides a “Want” feature that functions as an interactive alert subscription. When you select a specific shoe size and click “Want,” you are registering a preference linked to a reference price captured at the time of subscription.

Alert delivery: Based on your settings, the platform will attempt to dispatch push notifications or email alerts when internal systems log a drop in market pricing or a return of size availability.

No guarantee of delivery or availability: We do not guarantee that alerts will be sent or received instantaneously. System processing latencies, network carrier connectivity, and email filtering may delay or prevent delivery. Furthermore, an alert notification does not guarantee that the product remains in stock or available at the notified price by the time you navigate to the offer.

Virtual items and in-app points

The mobile application may include a virtual points system utilizing digital tokens (“Points”). Points can be earned through specified in-app engagement or purchased via third-party mobile storefront app stores (Apple App Store / Google Play Store).

Non-monetary status: Points constitute a limited, personal, revocable, non-transferable, and non-sublicensable license to access specific promotional features of the Site (such as the #FreeKicks sweepstakes entry system). Points do not constitute real currency, property, or a store credit balance. Points have zero real-world monetary value, cannot be redeemed for fiat currency, and cannot be transferred or sold to other users.

No refunds on virtual purchases: All purchases of Points are final and entirely non-refundable. KicksOnFire reserves the absolute right to manage, regulate, modify, or eliminate virtual Points at any time in its sole discretion without liability or financial recourse to you.

User representations

By using the Site, you represent and warrant that:

• All registration information you submit will be true, accurate, current, and complete;
• You will maintain the accuracy of such information and promptly update such registration information as necessary;
• You have the legal capacity and you agree to comply with these Terms of Use;
• You are not under the age of 18;
• You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
• You will not use the Site for any illegal or unauthorized purpose; and
• Your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

User registration

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Buy Now purchases, payments, & authenticity

Enterprise partner fulfillment

The Site features a “Buy Now” checkout system. KicksOnFire does not directly own, warehouse, possess, or ship inventory for Buy Now orders. All Buy Now transactions are routed to and fulfilled by our designated third-party enterprise partners.

Checkout & payment processors

All online checkout transactions on the Site are routed securely through PayPal or PayPal-managed processing flows. KicksOnFire does not directly store, process, or transmit payment card numbers on our own servers.

Bank statement billing descriptors

Because transactions are handled in conjunction with third-party logistics and retail entities, your credit card or bank account statements may display the specific merchant descriptor name of our processing enterprise partner rather than “KicksOnFire.”

Return policy: all sales final

For all completed Buy Now orders, ALL SALES ARE FINAL. No returns, refunds, cancellations, or item exchanges are permitted, subject to the following strict exception:

Defect / wrong-item disputes: If an item arrives substantially defective, damaged, or is the completely incorrect size/style relative to your order confirmation, you must initiate a formal dispute through our customer support channels within three (3) calendar days of the documented delivery date. Disputes raised after three days will not be eligible for review or reimbursement under any circumstances.

Product authenticity representations

Authenticity representations and deadstock guarantees apply strictly and exclusively to Buy Now transactions fulfilled by our authorized enterprise partners. KicksOnFire enforces rigorous compliance standards on these commercial partners. Conversely, Local Heat listings are strictly peer-to-peer (P2P) user transactions and are not authenticated, verified, or inspected by KicksOnFire.

Prohibited activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those specific marketplace features (such as Local Heat), promotion structures (#FreeKicks Giveaways), or partner channels that are explicitly endorsed, built, and approved by KicksOnFire.

As a user of the Site, you agree not to:

1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
3. Use a buying agent or purchasing agent to make purchases on the Site.
4. Use the Site to advertise or offer to sell goods and services, except as expressly permitted and formatted through the official Local Heat marketplace tool.
5. Engage in any commercial endeavors on the platform, except for authorized participation in the Local Heat marketplace, official in-app giveaways, or as an approved enterprise partner.
6. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
7. Engage in unauthorized framing of or linking to the Site.
8. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
9. Make improper use of our support services or submit false reports of abuse or misconduct.
10. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
11. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
12. Attempt to impersonate another user or person or use the username of another user.
13. Sell or otherwise transfer your profile.
14. Use any information obtained from the Site in order to harass, abuse, or harm another person.
15. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any unapproved revenue-generating endeavor.
16. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
17. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
18. Delete the copyright or other proprietary rights notice from any Content.
19. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
20. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site.
21. Use the in-app messaging system to stalk, harass, intimidate, threaten, or send objectionable material to other users.
22. Send unsolicited advertisements, commercial spam, referral codes, or phishing links via in-app chat.
23. Solicit or send electronic payments for Local Heat marketplace items prior to an in-person meetup via chat.
24. Impersonate a KicksOnFire staff member, administrator, or customer support agent within any user-to-user communications.

Mobile application license

Use license

If you access the offerings via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, strictly in accordance with the terms and conditions of this mobile application license.

Apple and Android devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”):

• The license is limited to a non-transferable license to use the application on a device utilizing the Apple iOS or Android operating systems, in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
• We are solely responsible for providing any maintenance and support services with respect to the mobile application, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services;
• In the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor for a refund of the purchase price, if any, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever;
• You represent and warrant that you are not located in a country subject to a U.S. government embargo, or designated as a “terrorist supporting” country, and are not listed on any U.S. government list of prohibited or restricted parties;
• You must comply with applicable third-party terms of agreement when using the mobile application; and
• You acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license, and have the right to enforce these terms against you as a third-party beneficiary thereof.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Site management

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use; (3) refuse, restrict access to, limit the availability of, or disable any of your UGC or marketplace listings; and (4) manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the marketplace features.

Privacy policy & data protection

We care about data privacy and security. Please review our full Privacy Policy. By using the Site or mobile applications, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.

Strict enforcement of minor prohibition (COPPA policy)

The platform is strictly restricted to users aged 18 and older. We do not knowingly collect, request, or solicit information from children under the age of 13, nor do we market to minors. If we receive actual knowledge that an individual under the age of 13 has bypassed our registration gates and provided personal information, we will purge that data from our production systems as quickly as is reasonably practical.

Term and termination

User right to account deletion

You may terminate your account and your relationship with KicksOnFire at any time. If you wish to delete your account, you may initiate this request directly within the mobile application settings or by contacting customer support. Upon processing your deletion request, your account data will be managed and removed in compliance with our Privacy Policy and mobile app marketplace requirements.

Suspension and termination rules

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION.

Modifications and interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of our marketplace features or alert subscriptions without notice at any time. We will not be liable to you or any third party for any modification, price change, alert delay, suspension, or discontinuance of the Site.

Governing law

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of New Jersey applicable to agreements made and to be entirely performed within the State of New Jersey, without regard to its conflict of law principles.

Dispute resolution

Binding arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”). The arbitration may be conducted in person, through document submission, by phone, or online. Except where otherwise required by AAA rules or applicable law, the arbitration will take place in Middlesex County, New Jersey.

Class action waiver

THE PARTIES AGREE THAT ANY ARBITRATION SHALL BE LIMITED TO THE DISPUTE BETWEEN THE PARTIES INDIVIDUALLY. TO THE FULLEST EXTENT PERMITTED BY LAW: (A) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER PROCEEDING; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (C) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.

Court venue carve-out

To the extent that any Dispute is not permitted by applicable law to be settled via binding arbitration, or should any aspect of a dispute proceed to court, such legal action shall be commenced or prosecuted exclusively in the state and federal courts located in Middlesex County, New Jersey, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens. In no event shall any claim or action related to the Site be commenced more than one (1) year after the cause of action arose.

Limitations of liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 USD.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

• Use of the Site;
• Breach of these Terms of Use;
• Any breach of your representations and warranties set forth in these Terms of Use;
• Your violation of the rights of a third party, including but not limited to intellectual property rights; or
• Any overt harmful act, breach of contract, fraud, misrepresentation, property damage, physical injury, or criminal conduct toward any other user of the Site or mobile application with whom you connected or interacted via the Site, the Local Heat marketplace, or any official platform giveaways.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.