Last updated: May 19, 2015
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.
Use of our Website and our App.
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.
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.
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.
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.
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.
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.
Privacy and Copyright Protection.
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.
Gutc Brands Inc.
250 Columbus Ave, Suite 200
San Francisco, California 94133
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.