Agreement between User (“you”) and KYCK.com, Inc. (“KYCK” or “we”)
Visiting the Platform or sending emails to KYCK constitutes electronic communications. Further, you consent to receive electronic communications from KYCK and agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Platform, satisfy any legal requirement that such communications be in writing.
If you use the Platform, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur in connection with your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that KYCK is not responsible for third party access to your account that results from theft or misappropriation of your account. KYCK and its associates reserve the right to refuse or cancel service, terminate accounts, and remove or edit content in the Platform in KYCK’s sole discretion.
For team registration and management purposes and to optimize the usage of the Platform and KYCK’s products.
Links to Third Party Sites/Third Party Services
The Platform may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of KYCK and KYCK is not responsible for the content of any Linked Site, including but not limited to any link contained in a Linked Site. KYCK is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement or approval by KYCK of the contents, views or beliefs expressed on the Linked Site or any association between KYCK and any Linked Site or its operators.
If you are seeking a refund or to cancel a product, service or functionality you registered for through the Platform, you must seek any such said refund or cancellation directly from the provider of the product, service or functionality, whether it is KYCK or a third party. KYCK cannot authorize or effect cancellations or refunds related to products, services, or functionalities it does not provide.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Platform, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Platform, is the property of KYCK or its suppliers and protected by copyright, trademark and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all protections afforded under the law, including but not limited to all copyright and other proprietary notices, legends or other restrictions contained in any such content, and you agree to not make any changes to any such content.
Use of Communication Services
The Platform may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable users to communicate with the public at large or with a group (collectively, the "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are appropriate, not intended to incite or annoy and are related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy and publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of any computer; advertise or offer to sell or buy any goods or services for any purpose, unless such Communication Service specifically and expressly allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify, delete or otherwise alter any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including but not limited to e-mail addresses, without their consent; or violate any applicable laws or regulations.
KYCK has no obligation to monitor the Communication Services. However, KYCK reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. KYCK reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
In addition to sharing your personally identifiable information and data with third parties with whom KYCK has a contractual relationship to provide a product, service or functionality to the Platform’s users and customers, KYCK reserves the right at all times to disclose any of your personally identifiable information and data as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in KYCK's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. KYCK does not control or endorse the content, messages or information found in any Communication Service and, therefore, KYCK specifically disclaims any liability with regard to the Communication Services and any actions or claims resulting from your participation in any Communication Service. Managers and hosts are not authorized KYCK spokespersons, and their views do not necessarily reflect those of KYCK.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and dissemination, or to their own limitations. You are responsible for adhering to such limitations if you upload materials.
Materials Provided to KYCK.com or Posted on any KYCK Web Page or App
KYCK does not claim ownership of the materials you provide to KYCK (including feedback and suggestions) or post, upload, input or submit to the Platform (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission, you are granting KYCK, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission, and to publish your name in connection with your Submission. Additionally, KYCK reserves the right to analyze your data and personal information to optimize your user experience, customize content and make offers and recommendations, among other actions.
No compensation will be paid to you for the use of your Submission. KYCK is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in KYCK's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to post, upload, input, provide or submit the Submissions.
Third Party Accounts
You will be able to connect your KYCK account to accounts you maintain with third party sites. By connecting your KYCK account to any third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others through these accounts (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Platform is controlled, operated and administered by KYCK from our offices within the USA. If you access the Platform from a location outside the USA, you are responsible for compliance with all applicable laws. You agree that you will not use any content accessed through the Platform in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PLATFORM MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. KYCK AND/OR ITS SUPPLIERS OR PARTIES WITH WHOM KYCK HAS A CONTRACTUAL RELATIONSHIP TO PROVIDE A PRODUCT, SERVICE, OR FUNCTIONALITY TO THE PLATFORM’S USERS AND CUSTOMERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PLATFORM AT ANY TIME.
THE USE OF THE PLATFORM AND THE CONTENT IS AT YOUR OWN RISK AND KYCK ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT, YOUR USE OF THE WEBSITE AND APPLICATIONS OR THE RECEIPT, STORAGE, TRANSMISSION, OR OTHER USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR DATA.
KYCK AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE PLATFORM FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. KYCK AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,NON-INFRINGEMENT, UNINTERRUPTED OR ERROR FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, CURRENTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY AND QUALITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KYCK AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PLATFORM, THE DELAY OR INABILITY TO USE THE PLATFORM OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE PLATFORM, OR OTHERWISE ARISING OUT OF THE USE OF THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KYCK OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
KYCK reserves the right, in its sole discretion, to terminate this Agreement and your access to the Platform and the related services or any portion thereof at any time, without notice. The disclaimers, limitations on liability, ownership, termination, interpretation, jurisdiction, venue, choice of law, severability and indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement.
Jurisdiction, Venue, Choice of Law, and Severability
You agree that no joint venture, partnership, employment or agency relationship exists between you and KYCK as a result of this Agreement or your use of the Platform. KYCK's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of KYCK's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Platform or information provided to or gathered by KYCK with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. In any event, if any provision of this Agreement is determined to be prohibited or unenforceable in any jurisdiction, such determination will not affect the remaining provisions of this Agreement or the validity or enforceability of any provision of this Agreement in any other jurisdiction.
Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and KYCK with respect to the Platform and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and KYCK with respect to the Platform. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Agreement and all related documents be written in English.
The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa, words importing gender include all genders, and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations.
Changes to Terms
KYCK welcomes your questions or comments regarding the Terms:
619 South Cedar Street
Charlotte, NC 28202
Effective as of December 31, 2013