SICKSPORTS Terms of Use

Last updated: May 19, 2015

Thanks for using our products and services which are provided by Gutc Brands Inc., located at 250 Columbus Avenue, Suite 200, San Francisco, California 94133 United States. By using any of our products or services, you are agreeing to these Terms of Use. Please read them carefully.

Acceptance of our Terms of Use.

By using and/or visiting this website, our mobile application and/or using or receiving any products or services offered by the Company, you expressly agree to these Terms of Use as well as the Privacy Policy, which are both published via a link on http://sicksports.com/tos and http://sicksports.com/privacy, respectively, and also published on any subdomains (“Website”). The Privacy Policy is hereby incorporated into these Terms of Use by this reference. If you do not agree to any of these agreements, then please do not use the Website, our mobile application ("App"), or any of our products or services. The use of the term Company in these Terms of Use includes Gutc Brands Inc. and its affiliates and subsidiaries (collectively "we" or "Company").

In addition to any other agreements that may be provided to you, these Terms of Use Agreement sets forth the legally binding terms for use of any of the Company’s products and services and shall apply to all users of our Website and the App. You are only authorized to use the Company’s products and services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Use. PLEASE READ THESE TERMS OF USE CAREFULLY AND SAVE IT. IF YOU DO NOT AGREE WITH IT, YOU SHOULD LEAVE OUR WEBSITE AND DISCONTINUE USE OF THE APP AND ANY COMPANY PRODUCTS AND SERVICES IMMEDIATELY. IF YOU WISH TO USE THE WEBSITE, THE APP OR ANY OF THE COMPANY'S PRODUCTS AND THE SERVICES, YOU MUST READ AND ACCEPT THESE TERMS OF USE.

In order to participate in certain other products and services provided through our Website and the App, you may be notified that you are required to agree to additional terms and conditions. The Company may modify these Terms of Use from time to time and such modification shall be effective upon posting on our Website. You agree to be bound to any changes to these Terms of Use when you use the Website, App and any product or service after any such modification is posted. It is therefore important that you review these Terms of Use frequently.

Eligibility Requirements.

Use of any Company products or services is void where prohibited. By using any of our products or services, you represent and warrant that (a) you are 13 years of age or older; and (b) your use of any Company products and services does not violate any applicable law or regulation. If you are under 18 years of age, then you affirm that you are either an emancipated minor or possess parent or guardian consent and are fully able and competent to agree to and comply with these Terms of Use and Your account may be deleted and your relationship with the Company terminated without warning, if we believe, in our sole discretion, that you are under 13 years of age.

General Agreements.

You accept sole responsibility for all of your activities using our Website and our App including your conduct on our Website. You will not use any of our products or services for any unauthorized or illegal purpose. You will be responsible for ensuring that you do not violate any laws of your jurisdiction including, but not limited to, copyright laws. You will not upload or transmit viruses, worms or any other destructive code. You will not upload any content or any other materials in violation of any copyright, trademark, other intellectual property or privacy rights. You will not use bots to engage any of our products or services.

Provision of our Products and Services.

All products and services are provided by the Company AS IS and the Company assumes no responsibility for any failure in providing any products or services to you. The Company may change, suspend or discontinue any or all products and services for any reason, at any time. The Company may also impose limits on all or any products and services or restrict your access to all or any part of the products and services without notice or liability. The Company may include commercial opportunities or content in any product, services, image or webpage.

Third-Party Websites.

The Website and the App may contain third party content about, and links to, third parties and their websites that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party content or websites or any of their contents. Further, the Company will not and cannot censor or edit the content of any third-party site. By using our Website or App, you expressly relieve the Company from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave our Website or App and to read the terms and conditions and privacy policy of each other website that you visit.

Use of our Website and our App.

The Company hereby grants you permission to use our Website and the App as set forth in these Terms of Use, provided that: (i) you will not alter or modify any part of our Website or the App other than as may be reasonably necessary to use our Website and/or the App for its intended purpose and/or in a manner expressly allowed by the Company; and (ii) you will otherwise comply with these Terms of Service.

In order to access some features of our Website and our App and use our products and services, you will have to create an account. You may never use the account of another person without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You accept sole responsibility for keeping your password secure. You must notify the Company immediately of any breach of security or unauthorized use of your account. Although the Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Company or others due to such unauthorized use.

When a product or service requires access to or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some products and services may let you adjust your automatic update settings.

The Company gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use any software provided to you by or through us as part of any of our products or services. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

Intellectual Property.

The content on our Website and our App (“Content”) and all of our products and services are subject to copyright and other intellectual property rights under local and international laws conventions. To its knowledge, the Company uses only Content that it owns or is otherwise allowed and permitted for use by the owner/s of the copyrights and other intellectual property rights therein. All Content is provided to you exclusively on an AS IS basis and it may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Company and/or its respective owners. The Company reserves all rights not expressly granted in and to our Website, our App, our products and services and the Content. You shall not circumvent, disable or otherwise interfere with security related features of our Website, our App or features that prevent or restrict use of any of our products or services or copying of any Content or enforce limitations on use of our Website, our App or any of our products or services or Content therein. You shall not engage in the use, copying, or distribution of any of the Content or any products or services other than expressly permitted herein for any commercial purposes. You shall not remove, obscure, or alter any legal notices displayed in or along with our products or services

Rights you Grant to the Company.

Some of our products and services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.

When you upload, submit, store, send or receive content to or through our products and services, you give us (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our products and services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, providing, promoting, and improving our products and services, and to develop new ones. This license continues even if you stop using our products and services. Make sure you have the necessary rights to grant us this license for any content that you submit to our products and services.

If you have a SICKSPORTS account, we may display your profile name, profile photo, and actions you take on our Website or using our App. We will respect the choices you make to limit sharing or visibility settings in your SICKSPORTS account.

You can find more information about how we use and store content in our Privacy Policy or additional terms for particular products or services. If you submit any feedback or suggestions about our products or services, we may use your feedback or suggestions without obligation to you.

Warranty Disclaimer and Limitation of Liability.

YOU AGREE THAT YOUR USE OF OUR WEBSITE, OUR APP AND OUR PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, MANAGERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH OUR WEBSITE, OUR APP AND YOUR USE THEREOF. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF ANY CONTENT OR THE CONTENT OF ANY SITES LINKED TO OUR WEBSITE. IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, MANAGERS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PRODUCTS OR SERVICES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO, AND USE OF, OUR WEBSITE OR OUR APP, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR OUR APP, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE OR OUR APP BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR WEBSITE OR OUR APP.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THE COMPANY DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH OUR APP, OUR WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF ANY PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR WEBSITE, OUR APP OR ANY OF OUR PRODUCTS OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

Events Beyond Control.

Under no circumstances shall the Company be liable for any delay or failure in our Website, our App and/or any of our products or services and/or information on our Website or our App directly or indirectly resulting from, arising out of, relating to or in connection with events beyond the reasonable control of the Company including, without limitation, internet failures, equipment failures, electrical power failures, strikes and other labor disputes, insurrections, riots, other civil disturbances, shortages of labor or materials, earthquakes, explosions, fires, floods, storms, acts of God, terrorism, war, governmental actions, orders of courts, agencies or tribunals, actions of third parties, or non-performance of any third parties.

Safety.

Our App and our products and services are available on mobile devices, tablets and on the Website. Do not use the App or any of our products and services in a way that distracts you and prevents you from obeying traffic or any safety laws.

Indemnification.

You shall indemnify, hold harmless and defend the Company, its owners, managers, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to our Website and our App; (ii) your violation of these Terms of Use; (iii) your violation of any third party right including, without limitation, any copyright, property, or privacy right; (iv) any use of your account by any third party; or (v) your violation of any other terms applicable to your use of any Company Services. This defense and indemnification obligation will survive these Terms of Use and your use of our Website and our App.

Other Legal Matters.

Pursuant to Section 1798.83 of the California Civil Code, residents of the State of California can obtain certain information about the types of personal information that companies with whom they have an established business relationship have shared with third parties for direct marketing purposes during the preceding calendar year. In particular, the law provides that companies must inform consumers about the categories of personal information that have been shared with third parties, the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties.

The Company reserves the right to investigate complaints or reported violations of these Terms of Use and to take any action we deem appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

Termination.

We are constantly changing and improving our products and services. We may add or remove functionalities or features, and we may suspend or stop any product or service altogether at any time. You can stop using any or all of our products and services at any time, although we’ll be sorry to see you go. We may also stop providing any products or services to you, or add or create new limits to our products or services at any time.

Miscellaneous.

These Terms of Use, and any rights granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction or limitations.

You agree that: (i) our Website and our App shall be deemed solely based in San Francisco, California, USA; and (ii) our Website and our App shall be deemed a passive website that does not give rise to personal jurisdiction over the Company, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California without respect to its conflict of laws principles. Any claim or dispute between you and the Company that arises in whole or in part from our Website, our App or any of our products or services shall be decided exclusively by a court of competent jurisdiction located in San Francisco, California. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, then the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Service, together with the privacy and any other legal notices and agreements published by the Company on our Website or in our App, shall constitute the entire agreement between you and the Company concerning our Website and our App.

Privacy and Copyright Protection.

Our Privacy Policy explains how we treat your personal data and protects your privacy when you use our products and services. By using our products and services, you agree that we can use such data in accordance with our Privacy Policy.

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.

We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us please do so by giving us adequate information to understand you claim and to contact you.

Questions.

If you have any questions or concerns regarding these Terms of Use, please contact:

Gutc Brands Inc.

250 Columbus Ave, Suite 200

San Francisco, California 94133

team@sicksports.com

If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, California 95814, or by telephone at (800) 952-5210.