By using the Site, you represent and warrant that you are 18 years of age or older. Your account may be terminated without warning, if we believe that you are under 18 years of age.
Your Use of the Site and Our Provision of Services
This Site and the services and functionality associated therewith (the “Services”) are provided using, in significant part, website functionality and Internet services provided by one or more service providers, including KickApps Corporation, and their respective content providers, business partners, and subcontractors, if any (collectively, the “Service Provider”).
This Site is provided as an interactive and informational resource only; the information and materials contained in the Site are intended solely for the general information of the user. Nothing contained in the Site is intended to be considered medical advice, to diagnose medical problems, or to take the place of professional medical or mental health care. Furthermore, you acknowledge and agree that we are not, in providing the Site, agreeing to serve as a “Business Associate” with respect to any “Protected Health Information” (“PHI”) as defined in the Health Insurance Portability and Accountability Act and regulations promulgated pursuant thereto. You shall refrain from uploading any PHI to the Site or from using the Site or the Services for the storage or transfer of any PHI.
Various company, product, and service names displayed on the Site may be trademarks or service marks owned by others (the “Third-Party Trademarks”). Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Third-Party Trademark displayed on this Site. The Third-Party Trademarks may not be used to disparage any applicable third-party, any of their products or services, or in any manner in which, in our or our Service Provider’s reasonable judgment, may damage any goodwill in the Third-Party Trademarks.
The Site contains links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on or any other aspect of such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding any content located on such External Sites. In addition, the Site contains content posted, stored, or displayed at the direction of users of the Site, for which we and our Service Provider cannot accept any responsibility or liability.
If you are a copyright owner or an agent thereof and believe that any User Content or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (”DMCA“) by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) 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, its agent, or the law; and
(vi) 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 of an exclusive right that is allegedly infringed.
c/o Social Systems, LLC
6110 Oakwood Trail
c/o Kickapps Corporation
29 W. 38th Street, 5th Floor
New York, NY 10018
Fax: (212) 730-4561
Disclaimer of Warranty and Limitation of Liability
YOUR USE OF THE SITE THE SERVICES, AND THE CONTENT (INCLUDING ANY USER CONTENT) IS AT YOUR OWN RISK. WE, OUR SERVICE PROVIDER, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AFFILIATES, AND LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT (INCLUDING THE USER CONTENT), INCLUDING BUT NOT LIMITED TO ITS ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY. NEITHER WE NOR OUR SERVICE PROVIDER SHALL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE.
NEITHER WE NOR OUR SERVICE PROVIDER WARRANT THAT THE SITE WILL OPERATE ERROR‑FREE OR THAT THIS SITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.
THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE AND OUR SERVICE PROVIDER HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON‑INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
IN NO EVENT SHALL WE OR OUR SERVICE PROVIDER BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, OUR AND OUR SERVICE PROVIDER’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
The Site is primarily controlled, operated, and administered by Social Systems from San Antonio, Texas, United States. Social Systems makes no representation that this Site or any Content therein is appropriate or available for use outside of the United States and its territories. If you choose to access and use this Site from other locations, you are responsible for compliance with applicable local laws. You agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations.
This agreement shall be governed by United States federal law and the laws of the state of Texas without regard to Texas rules regarding conflicts of laws. The exclusive venue and jurisdiction for any and all disputes arising out of or relating to this agreement shall be the state and federal courts located in Bexar County, Texas. You waive all objections to venue and personal jurisdiction with respect to such disputes in those courts.