TERMS OF SERVICE
Please read our Terms of Service - it's really not that long...
Effective Date: January 21, 2016
This policy was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
The terms of this agreement (the "Terms") govern the absolute relationship between you and Sickk Software LLC ("Sickk", "us", "we", or "our") and its affiliates regarding your use of our games, applications, websites, and relative services (the "Service") we provide and offer. In order to access the Service, you may be required to register an account for the Service ("Account").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms, and that you are the age of 13 years or older. If you disagree with any part of the terms then you do not have permission to access the Service. If you are between the ages of 13 and 17 years old, you agree that your legal guardian has reviewed and accepted to agree to these Terms. Any access to the Service via outside sites or portals such as Facebook, Twitter, or Google+, shall require you to comply such terms of such site or portal in addition to our Terms.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
1. Intellectual Property Ownership
1.1 Content Protection
The Service and its original content, features and functionality are and will remain the exclusive property of Sickk and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Sickk.
1.2 Products and Service
All rights, title and interest in and to the Service and Sickk, including but not limited to any and all content relevant, presented, distributed, modified, incorporated, referenced, created, or acquired by/to Sickk is owned by Sickk. We reserve all rights, including but not limited to, any and all intellectual property rights or other proprietary rights, in connection with its products and the Service. Sickk has ownership, licenses, or rights to any and all content that may be relevant or appears in the Service or anything belonging to or owned by Sickk.
1.3 Third Party Sites
The Service may contain links to third party web sites or services that are not owned or controlled by Sickk. Sickk has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Sickk shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
2. Accounts & Communication
2.1 Account Information & Creation
Account creation will require you to select a password ("Account Login Information", "ALI") of your choice. You agree to not share or distribute the ALI, let any other party than yourself use your Account without your consent, or allow anyone else other than yourself to modify or do anything to your Account or your ALI that may jeopardize your Account security.
In the even that you become aware or have reasonable suspicion that your Account or ALI has been compromised in any way, including but not limited to any sort of loss, theft, or unauthorized distribution of your ALI, you must immediately notify Sickk and modify your Account to re-establish security. You and only you shall hold responsibility of maintaining your Account and ALI confidentiality, and for using your ALI for any and all uses of the Service, including payments with or without your authorization, and hold all responsibility for any and all activity associated with your Account.
2.1.1 Account License
With compliance to these Terms and any other applicable policies of Sickk, we grant you (at your own disclosed consent) a non-exclusive, non-transferable, non-sublicensable, revocable but limited license in agreement with the following restrictions, and you agree to use the Service for no other purposes other than your own non-commercialized enjoyment.
You shall not create an Account to access the Service, nor shall you access the Service at all if you are not 13 years old or older. You agree that you shall therefore deny access to the Service to children under the age of 13, and you shall monitor and restrict under your own supervised responsibility the use of the Service to minors. This includes but is not limited to the use and instrumentation of payment methods by minors.
You shall not use your Account for commercial use or purposes. You shall not advertise or transport and such commercial material or advertisements.
You shall not distribute or accept an Account for monetary purposes.
2.2 Account Suspension and Termination
WITHOUT LIMITATION, SICKK SOFTWARE MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE YOUR ACCOUNT OR ACCESS TO SICKK SOFTWARE SERVICE IMMEDIATELY, WITH OR WITHOUT PRIOR NOTICE OR LIABILITY, UNDER OUR SOLE DISCRETION, IF WE SUSPECT THAT YOU HAVE FAILED TO COMPLY WITH THESE TERMS OR HAVE VIOLATED THESE TERMS IN ANY SUCH FASHION DEEMED APPROPRIATE BY US.
ALL PROVISIONS OF THE TERMS WHICH BY THEIR NATURE SHOULD SURVIVE TERMINATION SHALL SURVIVE TERMINATION, INCLUDING, WITHOUT LIMITATION, OWNERSHIP PROVISIONS, WARRANTY DISCLAIMERS, INDEMNITY AND LIMITATIONS OF LIABILITY.
By using or accessing the Service, you acknowledge and agree that you shall have no rightful ownership or any monetary or property interest in your Account, and agree that any and all rights to and in the Account shall be owned by Sickk.
2.4 User Based Content
User based content (UBC) refers to any and all content generated by or through your account or your interaction with the Service. You agree and understand that any and all UBC shall always meet the following conditions:
UBC shall remain at all times
Appropriate in representing your intent or purpose
Not in violation of any laws, restrictions, rights, or agreements of these Terms or any third parties
Harmless, safe, and non-damaging to and/or in reference to the Service, third parties, Sickk Software, or any content belonging to Sickk Software.
We reserve the right, if we choose, to review, monitor, record, prohibit, modify, remove, or revoke access to any UBC with or without your prior notice for any reason or time deemed appropriate by us. While we reserve such previously stated right, we do NOT assume the responsibility to modify or remove any UBC that violates these restrictions or these Terms.
In addition to the previously stated restrictions, you hereby agree to allow us an irrevocable, transferable, international license (including sub-licensing powers to third parties) and right to do what Sickk Software deems necessary with your UBC, including but not limited to any and all derived UBC thereof in connection in any way to the Service. You waive any and all rights of attribution you have to your UBC or any and all such UBC of association. We do not claim ownership or rights to your UBC by any and all means of these Terms.
2.5 Screening & Filters
You agree and acknowledge that we take no responsibility at any time for any and all UBC submitted or created whether or not it violates these Terms or the intent of the Service. We cannot monitor, prevent, protect, screen, filter, or manage all UBC. Henceforth you hereby agree to use the Service at your own risk.
Use of the Service may be cause for your exposure to UBC that may be deemed offensive, hurtful, or harmful in any way.
2.6 Communication & Interaction
You hereby agree to hold sole responsibility for any and all interactions, communications, associations, representations, or relevance to, with, or by other users or parties of the Service. We reserve the right, but are not obligated to become involved in any way with these interactions.
Any and all disputes that may arise from such interactions shall relieve Sickk Software (including but not limited to partners, employees, representatives, and subsidiaries) from any and all claims, requests, damages (immediate and ensuing), and repercussions of any and all kinds that may result from such interactions.
3. Limitation Of Liability & Licensing
In no event shall Sickk Software, nor its directors, employees, partners, agents, investors, suppliers, or affiliates, be liable for any and all indirect, incidental, special, consequential or punitive damages. This includes without limitation any and all loss of profits, data, use, goodwill, or other intangible losses, resulting from any of the following reasons.
Your access to or use of or inability to access or use the Service and any of its content.
Any conduct or content of any third party on the Service
Any content obtained from the Service, and
Unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
3.2 License Restrictions
Any use of the Service in violation of these Limitations of Liability and the listed License Restrictions in these Terms, or these Terms themselves, is strictly prohibited, and can result in the immediate revocation of your limited license and may subject you to liability for violations of applicable law. By accepting these Terms, you agree that you shall not carry out any of the following:
Carry out any and all actions that we deem in opposition to the intention and purpose of the Service or representation the Service.
Use in any way another parties account without the express written consent of such party
Attempt to automate, hack, break into, automate, or manipulate the Service and any and all software associated with the Service or any product of Sickk Software.
Use any and all unauthorized third party software, exploits, robots, modifications, or harmful tools to tamper or conflict with the Service or any product of Sickk Software, without the express written consent of Sickk (this includes but is not limited to the modification or manipulation of Sickk Software files contained in the Service).
Share or post any information that is harmful, threatening, explicit, violent, or racially, religiously, or otherwise deemed offensive or disruptive.
Harass, or attempt to emotionally assault, abuse, or harm any other party other than yourself, including but not limited to Sickk Software and its personal and representatives.
Damage, crowd, or disrupt (including the assistance of such actions) any server ("Server") used by Sickk Software.
Copy, duplicate, decompile, disassemble, or attempt in any fashion to retrieve the source code for any and all related software, intellectual property, or product of and/or belonging to the Service without the express written consent of Sickk.
Post, share, distribute, or submit content copyrighted or subject to third party rights, including but not limited to privacy, publicity, and trade secret, without the express written consent of the rightful owner
Sickk reserves the right to determine which conditions or actions are considered to be in violation of the above rules of use or the Terms, and seek appropriate action in result of such violations.
4. Fees & Payments
While using the Service you may make payments with real money (physical or digital international currency), to acquire (i). virtual objects, elements, services, or currency ("Virtual Items") for use in Sickk games or (ii). applications, or to acquire real items, goods, or services ("Merchandise") for use in real life through Sick applications or utilities. We therefore reserve the right to modify, control, or remove any and all Virtual Items and/or Merchandise at any time with or without prior notice. We shall have no liability to you or any other third party upon exercising such right.
The distribution, transfer, duplication, or sharing of any and all Virtual Items and/or Merchandise in or outside of the Service is strictly prohibited without the express written consent of Sickk Software.
ALL PURCHASES AND/OR REDEMPTIONS OF THIRD PARTY VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND ARE NON-REFUNDABLE.
The provision of Virtual Items for use in Sickk games is a service provided solely by Sickk Software that commences immediately upon acceptance by Sickk Software of your purchase.
4.2 Payment of Fees
You hereby agree to pay all fees and applicable taxes incurred by yourself or anyone using an Account registered to you. We may revise the pricing for the goods and services offered through the Service at any time and reserve the right to do so with or without prior consent.
YOU ACKNOWLEDGE THAT SICKK IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
5. Service Updates & Revisions
Sickk may require that you accept updates or revision to the Service and to Sickk games, applications, or products that you have already installed, downloaded, or currently use. You agree that we may update the Service with or without prior notice to you. In order to receive any and all updates or revisions of the Service and/or to continue usage of Sickk products, you may need to update third party software if need be.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Sickk Software its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
7. Indemnification & Exclusions
You agree to defend, indemnify, and hold harmless Sickk Software LCC and its licensee and licensors, employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
8. Severability & Governing Law
These Terms shall be governed and construed in accordance with the laws of New Jersey, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding the Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
You agree that any claim or dispute you may have against Sickk Software must be resolved exclusively by a court located in New Jersey, United States.
9. General Provisions
9.2 Supplemental Policies
Sickk Software may publish additional policies related to specific services such as forums, blogs, contests, and/or loyalty programs. Your right to use such services is subject to those specific policies and these Terms.
9.4 No Waiver
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Sickk shall be deemed a modification of these Terms nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Sickk.
9.6 Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms to Sickk Software are of a unique and irreplaceable nature, the loss or misrepresentation of which shall irreparably harm Sickk Software and which cannot be replaced or restored by monetary damages alone so that we shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Sickk game, application, or product, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or shown through the Service, and agree to limit your claims to claims for monetary damages, limited by Section 7 (if any).
9.7 Force Majeure
Sickk Software LLC shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Sickk Software LLC, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Sickk's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.