This Terms of Use Agreement (the “Terms of Use”) sets forth the legally binding terms and conditions for your use of the service owned and operated by Dakick.com, Inc., a company registered in Delaware and doing business as Dakick (“Dakick”), including, without limitation, the dakick.com website and domain name (the “Website”) and any other linked pages, features, content, or application services offered from time to time by Dakick in connection therewith (collectively, the “Service”).
Please read these Terms of Use carefully before using the Service offered by Dakick.
BY USING THE SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. THESE TERMS OF USE APPLY TO ALL USERS OF THE SERVICE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICES ON THE WEBSITE.
The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Website by Dakick. In addition, some features of the Service may be subject to additional terms and conditions promulgated by Dakick from time to time; your use of such features is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.
The Service is available only to individuals who are at least 13 years old. You represent and warrant that if you are an individual, you are (i) at least 18 years old or (ii) if you are between the ages of 13 and 18, you have parental permission to enter into an agreement to accept these Terms of Use and to use the Service; that all registration information you submit is accurate and truthful; and that your use of the Service does not violate any applicable law or regulation. Dakick may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use. The Service (including, without limitation, any Content, or User Submissions as defined below) is provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Service. For purposes of the Terms of Use, the term “Content” includes, without limitation, any advertisements, advice, suggestions, videos, audio clips, written forum comments, messages, information, data, text, photographs, software, scripts, images, graphics, and other content interactive features generated, provided, posted or otherwise made accessible on or through the Service.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit, link to or otherwise distribute or facilitate distribution of any Content on or through the Service, that:
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Dakick in its sole discretion) an unreasonable or disproportionately large load on Dakick’s (or its third party providers.) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Dakick may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run Maillist, Listserv, any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations. Dakick reserves the right to remove any Content from the Website or from another feature of the Service at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Dakick is concerned that you may have violated the Terms of Use), or for no reason at all.
As a condition to using certain aspects of the Service, you will be required to register with Dakick and select a password and screen name (“Dakick Username”). You shall provide Dakick with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Dakick account. You shall not (i) select or use as a Dakick Username a name of another person with the intent to impersonate that person; (ii) use as a Dakick Username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Dakick Username a name that is otherwise offensive, vulgar or obscene. Dakick reserves the right to refuse registration of, or cancel a Dakick Username in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Dakick password. You shall never use another user’s account without such other user.s express permission. You will immediately notify Dakick in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
The Content provided by or through the Service is for entertainment purposes only, and should not be relied upon. Dakick makes no representations or warranties concerning the appropriateness, accuracy, reliability, usefulness, completeness, or timeliness of such Content. You should independently verify all Content and other information that you access through the Service. By using the Service, you agree that Dakick shall not be responsible for (1) any Content, (2) any person’s reliance on any such Content, whether or not correct, current and complete, or (3) the consequences of any action that you or any other person takes or fails to take based on any Content or otherwise as a result of your use of the Service. Your use of or reliance on any Content is at your own risk.
Unless otherwise indicated, the Terms of Use and all Content provided by Dakick are copyright © 2009 Dakick.com, Inc. All rights reserved.
“Dakick”, “Dakick.com” are either trademarks or registered trademarks of Dakick. The names of actual companies and products mentioned at the Website may be the trademarks of their respective owners.
Dakick’s current privacy statement is located on the Website at http://dakick.com/privacy (the “Privacy Policy”) and is incorporated into the Terms of Use. For inquiries in regard to the Privacy Policy, or to report a privacy-related problem, please contact privacy@dakick.com.
You understand and agree that sending unsolicited email advertisements to Dakick email addresses or through Dakick computer systems, which is expressly prohibited by these Terms
Dakick may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you can send an email to accounts@dakick.com via your verified email which you registered the site with.
YOU AGREE THAT USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, DAKICK DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, DAKICK DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, DAKICK DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
UNDER NO CIRCUMSTANCES SHALL DAKICK BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF DAKICK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINKS ON THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINKS ON THE SERVICE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You shall defend, indemnify, and hold harmless Dakick, its affiliates and each of its, and its affiliates’, employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Website, Service, Content or otherwise from your User Submissions, (ii) your violation of the Terms of Use, or (iii) infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity. Dakick reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Dakick in asserting any available defenses.
BY USING THE DAKICK SERVICE YOU AGREE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Effective Date: Sep 01, 2011