TERMS OF USE
1. AGREEMENT TO TERMS OF USE

These Terms of Use were last updated: Jan-07-2016.

DabKick, Inc. ("Company") provides you access to the Company website, available at the entry point URL www.dabkick.com, and to the information, features, functions, applications, content, services, and other materials made available on and through the web site (collectively, the "Site"). These Terms of Use govern your use of the Site and any mobile or web services or mobile or web software offered or otherwise made available by Company, however accessed (collectively, together with the Site, the "Company Service"). These Terms of Use constitute a legally binding contract between you and Company. By accessing and/or using the Company Service, you agree to be bound by these Terms of Use as a "User."

BY USING THE COMPANY SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE THAT THESE TERMS OF USE CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND COMPANY, AND THAT YOU AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, PLEASE DO NOT ACCESS OR OTHERWISE USE THE COMPANY SERVICE.

1.1 Modification of Terms of Use

Company reserves the right to change or modify these Terms of Use at any time in its sole discretion. Any change or modification made by Company will be effective immediately upon being posted on the Site. Your continued use of the Company Service after any changes or modifications to the Terms of Use are posted will constitute your acceptance of the changes or modifications. Changes can be viewed by clicking on the Terms of Use link on the Site, and we encourage you to do so, and to review these Terms of Use, from time to time.

1.2 Age Restriction

You must be at least 17 years old to use the Company Service. By using the Company Service, you represent and warrant that (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) you are 17 years of age or older. If you are under 18 you may use the Company Service only under the supervision of a parent or guardian.

2. USE OF THE SITE AND COMPANY SERVICE

2.1 Grant of License

All Company Service is licensed to you and not sold. Subject to the terms of these Terms of Use, Company grants you a personal, non-exclusive, non-transferable and non-sublicensable license to use the Company Service solely for your personal or internal business purposes. You will retain all ownership rights in User Content (as defined below) that you transfer to Company in connection with using the Company Service.

2.2 Reservation of Rights

The Company Service and all content, visual interfaces, information, graphics, design, compilation, computer code, products, software, trademarks, service marks, trade names and services are the property of Company or its subsidiaries or affiliated companies and/or third-party licensors. Except for the express license granted to you, no right, title, interest or license to the Company Service is granted to you, whether by implication, estoppel or otherwise.

2.3 Restrictions

In addition, as a condition to accessing the Company Service, you agree not to (a) reproduce, duplicate, copy, sell, resell or exploit any portion of the Company Service other than as expressly allowed under these Terms of Use; (b) use Company’s name, trademarks, server or other materials in connection with, or to transmit, any unsolicited communications or emails; (c) use any high-volume, automated or electronic means to access the Company Service (including without limitation, robots, spiders, scripts or web-scraping tools); (d) frame the Site, place pop-up windows over its pages or otherwise affect the display of its page; (e) modify, adapt, translate or create any derivative works of the Company Service or attempt to do the foregoing; or (f) interfere with or disrupt the Company Service or servers or networks connected thereto, or disobey any requirements, procedures, policies or regulations of networks connected to the Company Service.

3. USER CONTENT AND INFORMATION

3.1 User Content

The Company Service allows the submission of content and materials by you, which may include data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links ("User Content"), which may be stored on Company servers. You are solely responsible for your conduct and the User Content that you submit, or transmit through the Company Service. Company does not claim any ownership rights in the User Content. You understand that all User Content available through the Company Service is the sole responsibility of the person from whom such User Content originated without Company incurring any third party obligations or liability arising of its exercise of the rights thereto granted herein by you.

Company retains the right to pre-screen, police, control, edit or monitor the User Content available through the Company Service and to remove any User Content 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 User Content), or for no reason at all. However, you acknowledge and agree that Company has no responsibility to, and may or may not, do the foregoing. As such, Company does not warrant or otherwise guarantee the accuracy, integrity or quality of any User Content. It is your responsibility to evaluate the User Content, and any other information, content, opinions and advice, available through the Company Service.

COMPANY ASSUMES NO RESPONSIBILITY, AND MAKES NO REPRESENTATIONS, WARRANTIES, RECOMMENDATIONS, ENDORSEMENTS, OR APPROVALS, WITH REGARD TO USER CONTENT. Under no circumstances will Company be liable for any loss or damage arising out of or relating in any way to any User Content, including, but not limited to, (a) any errors or omissions in any User Content, (b) any loss or damage of any kind incurred as a result of the use of or reliance on any User Content, (c) use or misuse by any Company Service user or third party of any User Content that you post in connection with your use of the Company Service, such as on the Forum (as described further below) or (d) your exposure to offensive, indecent or otherwise objectionable User Content via the Company Service.

3.2 Grant of License to User Content

You agree that you are solely responsible for any User Content that you provide to or otherwise distribute or transmit using the Company Service. By providing your User Content, you (i) grant to Company a perpetual, non-exclusive, worldwide, royalty-free, fully paid-up, transferable license to access, use, reproduce, display, store, publish, transmit and distribute your User Content in connection with your use of the Company Service, including the right to sublicense any of the foregoing rights to others, (ii) represent and warrant that you have the right to grant the foregoing license and (iii) represent and warrant that your User Content is in compliance with these Terms of Use and all applicable laws, rules and regulations and does not violate the rights of any third party.

By providing your User Content, you also consent to the use of your User Content by other users of the Company Service for its intended purpose(s).

3.3 Information

In connection with your use of the Company Service, you may be required to provide certain information as part of a registration process or the establishment of a user account with Company, which information may include personal information, such as names, e-mail addresses and telephone numbers.

For additional information regarding your and Company’s obligations regarding personal information provided in connection with your use of the Company Service, please see the Privacy Policy, which is available at http://dabkick.com/terms/privacy.php. You are solely responsible for the information provided by you, including its accuracy. You acknowledge and agree that all information you provide in connection with your use of the Company Service will be accurate, truthful and complete information, and you will promptly update such information to maintain its accuracy, truthfulness and completeness.

Company’s Privacy Policy further explains how we treat information collected and received from you when you use the Site. Our Privacy Policy is hereby incorporated into these Terms of Use by reference. Please read this policy carefully for disclosures relating to the collection, use, and disclosure of your personal information.

4. RULES OF CONDUCT

4.1 Usage Rules

Your right to use the Company Service is expressly conditioned upon your agreement to and compliance with, and you hereby agree with, the following: (a) you will not use the Company Service for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Company; (b) your use of the Company Service must be in compliance with all applicable laws, rules, and regulations; and (c) you will otherwise comply with these Terms of Use, including the rules of conduct in this Section.

You further agree not to use the Company Service:

1. to abuse, harass, threaten, impersonate or intimidate other users;

2. to post or transmit, or cause to be posted or transmitted, any User Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane or otherwise violates any law or right of any third party;

3. for any illegal or unauthorized purpose;

4. to create or submit unwanted email (i.e., spam) to any other users;

5. to use any information obtained from the Site in order to contact, advertise to, solicit or sell to any user without their prior explicit consent from Company;

6. to sell or otherwise transfer your user account or ID;

7. to upload any User Content that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to or that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, software, data or information;

8. to post content that you do not have the right to disclose under contractual confidentiality obligations or fiduciary duties;

9. to solicit personal information from anyone under 18; or

10. to publicly pose information that poses or create a privacy or security risk to any person.

4.2 Interactions with Other Users

You are solely responsible for your interactions with other users of the Company Service. Company reserves the right, but has no obligation, to monitor disputes between you and other users of the Company Service. IF YOU HAVE A DISPUTE WITH ANY OTHER USER OF THE COMPANY SERVICE , YOU RELEASE COMPANY (AND ITS AGENTS, OFFICERS, PRINCIPALS AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.

5. TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Company Service. Company may terminate your use of the Company Service at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, Company reserves the right, in its sole discretion, to deny, restrict, suspend, or terminate your access to all or any part of the Company Service at any time, for any or no reason, with or without prior notice or explanation, and without liability. In addition, Company expressly reserves the right to terminate your use of the Company Service or to deny, restrict, suspend, or terminate your access to all or any part of the Company Service if Company determines, in its sole discretion, that you have violated these Terms of Use or pose a threat to Company, its employees, business partners, users and/or the public. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease. You also agree not to attempt to use the Site after any such termination.

YOU AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF THESE TERMS OF USE OR YOUR ACCESS TO THE COMPANY SERVICE.

6. INTELLECTUAL PROPERTY RIGHTS

All content on the Site and available through the Company Service, other than User Content, including but not limited to information, documents, materials, code, images, text, layouts, arrangements, displays, illustrations, audio and video clips, HTML and other mark-up languages and all scripts (collectively, "Company Content"), is owned by or licensed to Company and, in many cases, is protected by intellectual property rights under U.S., foreign and international law.

All rights not expressly granted by these Terms of Use are reserved by Company and its licensors, and no license is granted hereunder by estoppel, implication or otherwise. Without limiting the foregoing, except as expressly permitted in these Terms of Use, you may not copy, sell, display, reproduce, publish, modify, create derivative works from, transfer, distribute or commercially exploit in any manner the Content.

Company logos, trademarks and service marks which may appear on the Site or the Company Service, are the property of Company and are protected by law. Except as expressly set forth herein, you may not use or display such logos, trademarks or service marks in any manner without Company’s prior written permission. All other trademarks, service marks and logos used on this Site or Company Service, with or without attribution, are the trademarks, service marks or logos of their respective owners. All rights are reserved therein.

7. LINKS TO THIRD-PARTY SITES

The Site may contain links to web sites not owned or operated by Company ("Linked Sites"). Company’s provision of such links is for your convenience only and does not create or imply any relationship or partnership between Company’s and the operator of such Linked Site. Company does not author, edit, control or monitor any Linked Site.You acknowledge and agree that Company has no responsibility for the information provided by any Linked Site and that Company does not control or endorse the sponsors of such Linked Sites or the information, content, advice, products or services presented on such Linked Sites. Company may remove any links at any time for any reason or for no reason.

AT NO TIME WILL COMPANY BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LIABILITY ARISING FROM OR RELATED TO ANY LINKED SITE, INCLUDING WITHOUT LIMITATION (I) ANY TRANSACTIONS CONDUCTED WITH THIRD PARTIES ON LINKED SITES; (II) THE INFORMATION, CONTENT, ADVICE, PRODUCTS OR SERVICES AVAILABLE ON LINKED SITES AND (III) ANY DISPUTE ARISING OUT OF YOUR VISIT TO OR USE OF ANY LINKED SITE. YOU HEREBY RELEASE COMPANY (AND ITS AGENTS, OFFICERS, PRINCIPALS AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE FOREGOING.

8. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY

8.1 Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT YOUR USE OF THE COMPANY SERVICE IS AT YOUR SOLE RISK AND RESPONSIBILITY. THE COMPANY SERVICE, AND ALL CONTENT AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW. COMPANY, ITS AGENTS, OFFICERS, PRINCIPALS AND EMPLOYEES DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE COMPANY SERVICE AND CONTENT AVAILABLE THEREON, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OF USE, COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES (I) THAT THE FUNCTIONS OF THE COMPANY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, (II) THAT DEFECTS IN OR ON THE COMPANY SERVICE WILL BE CORRECTED, (III) THAT THE COMPANY SERVICE, THE SERVER THAT MAKES IT AVAILABLE, OR THE CONTENT AVAILABLE THEREON ARE FREE OF VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY CONTENT AVAILABLE THROUGH THE COMPANY SERVICE IS ACCURATE, RELIABLE, COMPLETE, CURRENT OR TIMELY. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OF THE COMPANY SERVICE, WHETHER IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT COMPANY) ARE SOLELY RESPONSIBLE FOR ALL INFORMATION CONTAINED IN YOUR USER ACCOUNT AND YOU ASSUME THE ENTIRE RISK OF ANY RELIANCE ON THE SITE AND ALL CONTENT AND SERVICES AVAILABLE THROUGH THE COMPANY SERVICE.

8.2 Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THESE TERMS OF USE OR RESULTING FROM ANY ASPECT OF YOUR USE OF THE COMPANY SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE COMPANY SERVICE, FROM INABILITY TO USE THE COMPANY SERVICE, YOUR RELIANCE ON ANY INFORMATION OR DATA PROVIDED THROUGH THE COMPANY SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE COMPANY 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 COMPANY SERVICE OR ANY LINKED SITES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE COMPANY SERVICE OR THE SERVICE OR ANY LINKED SITES. WITHOUT LIMITING THE FOREGOING, COMPANY’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM YOUR USE OF THE COMPANY SERVICE OR ANY CONTENT OR SERVICES AVAILABLE THROUGH THE COMPANY SERVICE SHALL NOT EXCEED TEN U.S. DOLLARS ($10).

8.3 Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Company may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Company’s liability shall be the minimum permitted under such applicable law.

9. INDEMNITY

You agree to indemnify and hold Company, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of your User Content, your use of the Company Service or your violation of these Terms of Use (including without limitation your breach of any of the representations and warranties herein) or your violation of any rights of another.

10. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Company respects the intellectual property of others and requires users of the Company Service to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company’s Copyright Agent the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the allegedly infringing material is located on the Site; (d) your address, telephone number and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are, or are authorized to operate on behalf of, the copyright owner.

Company’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:

By mail:    Copyright Agent
        c/o DabKick, Inc.
        21710 Stevens Creek Blvd, Suite 230,
        Cupertino CA 95014

By email: info@dabkick.com

11. GENERAL INFORMATION

These Terms of Use constitute the entire agreement between you and Company and govern your use of the Company Service, superseding any prior agreements between you and Company. These Terms of Use and the relationship between you and Company shall be governed by the laws of the State of California without regard to its conflict of law provisions, and will specifically not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable. You and Company agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Company Service or these Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Use are for convenience only and have no legal or contractual effect. The Terms and Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction. These Terms of Use is accepted upon your use of the Company Service. Your agreement with Company will always include these Terms of Use at a minimum. These Terms of Use operate to the fullest extent permissible by law. If any provision of these Terms of Use is unlawful, void or unenforceable, that provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.