kickme.to/has.it Terms of Use

1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE

The Kickme.to Redirect Service ("Service"), owned and operated by Kickme.to, Inc., is provided to you ("Member") under the terms and conditions set forth in this “Terms of Use” document (TU) and any operating rules or policies that may be published by Service. These Terms of Use and the documents referred to therein comprise the entire agreement between Member and Service and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I ACCEPT" BUTTON, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE TU, PRIVACY POLICY AND ALL DOCUMENTS REFERRED TO THEREIN.

2. DESCRIPTION OF SERVICE

Service provides Members with a capability to allow the users of most web browsers (“USERS”) to use a short convenient and marketable kickme.to Uniform Resource Locator ("URL") via the address line most web browsers with access to the World Wide Web and on the Service home page (kickme.to) itself to resolve to another URL identified and controlled solely by Member. Member must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web; (2) provide for own access to the World Wide Web and pay any telephone service fees associated with such access.

In consideration for this Service, Member agrees to: (1) provide certain current, complete, and accurate information about Member as prompted to do so by the Service, and (2) maintain and update this information as required to keep it current, complete and accurate, (3) permit Service to display advertising when Service or Service Features are accessed by Member or Users, and (4) permit Kickme.to to contact the Member with third party advertising via email pursuant to the service Privacy Policy in effect at the time of such contact. All information provided to service by member as part of the registration process or thereafter shall be referred to as registration data ("Registration Data"). If Service by it’s sole determination should conclude that any information provided by Member is inaccurate, Service may at its own option and at it’s sole discretion unilaterally and without notice to Member or Users terminate Member's membership, and the resolution of the member’s kickme.to URL.

3. MODIFICATIONS TO TERMS OF USE

Service may change the terms and conditions of these TERMS OF USE from time to time without notice. Your continued use of the services manifests your assent to any such changes. A link to the this terms of use document is available on the main kickme.to web site page or you may contact legal@kickme.to to request a copy of the current Terms of use via return e-mail.

4. MODIFICATIONS TO SERVICE / LIMITATION OF LIABILITY

Service reserves the right to modify or discontinue the Service at any time with or without notice to the Member. Service shall not be liable to Member or any third party, for direct consequential or other damages as the result of the exercise of its right herein to modify or discontinue the Service. Member agrees to hold service harmless of and from any claim for damages asserted by any such third party as the result of the modification or cessat ion of resolution services related to member’s registered kickme.to URL.

5. RESPONSIBILITY FOR CONTENT

Member acknowledges and understands that Service neither reviews, controls nor endorses the content of World Wide Web sites which member directs users to. Member sites or pages therein nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein. Furthermore, member hereby assumes all responsibility and liability for any infringement of third party intellectual property rights of others which are claimed to have been or which are being infringed upon. Member assumes all responsibility and liability for the content of any site which member’s kickme.to URL directs any user. Member agrees to hold service harmless of and from any claim for damages including costs of legal defense and expert fees and otherwise asserted by any such third party as the result of, in connection with or arising out of the content of any site which member’s kickme.to URL directs any user.

6. MEMBER ACCOUNT, PASSWORD, AND SECURITY

Once you become a member of the Service, you shall receive a password and an account. You are solely responsible to maintain the confidentiality of your password and account. Furthermore, you are solely responsible for any and all activities which occur under your account. You may change your password and information at any time by following the instructions available on the login page.

Member agrees to immediately notify Service of any unauthorized use of Member's account or any other breach of security made known to Member.

7. DISCLAIMER OF WARRANTIES

MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SERVICE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON_INFRINGEMENT.

SERVICE MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SERVICE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.

MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER'S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. SERVICE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM SERVICE OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

8. LIMITATION OF LIABILITY

SERVICE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SERVICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. NO RESALE OF THE SERVICE

Member's license to use Service as set forth herein is personal to Member. Member agrees not to resell or otherwise transfer the kickme.to URL or the ability to use the Service without the express consent of Service.

10. REDIRECT FAILURE AND OTHER LIMITATIONS

Service assumes no responsibility for the deletion or failure to redirect requests for kickme.to URL’s. Service has presently set no fixed upper limit on the number of redirects a Member may receive through the Service; however, Service retains the right, at it’s sole discretion, and without notice to member, to determine whether or not Member's conduct is consistent with the letter and spirit of these TERMS OF USE and may either modify or terminate resolution Service for members kickme.to URL if a Member's conduct is found to be inconsistent with the TERMS OF USE.

12. MEMBER CONDUCT

Member is solely responsible for the contents of all content accessed through the use of member’s kickme.to URL. Member's use of Service is subject to all applicable local, State, national and international laws and regulations. Member agrees to fully comply therewith at all times. Member agrees: (1) to comply with US law regarding the transmission of technical data exported from the United States through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service (5) not to take any action which in the sole discretion of Service casts Service in an unfavorable light.

The Service makes use of the Internet to receive and redirects requests for uniform resource locators; therefore, Member's conduct is subject to Internet regulations, policies and procedures. Member will not use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.

Any use of service for the purpose of sending, receiving, facilitating, responding to, transferring, maintaining or any purpose otherwise related to the unsolicited bulk email ("spamming") is a direct violation of these terms of use.

Member agrees not to direct users of the service to any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Member further agrees not direct users of the service to any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. Member shall not interfere with another Member's use and enjoyment of the Service or another entity's use and enjoyment of similar services. Service may, at its sole discretion and option, immediately limit or terminate member’s use of Service should Member's conduct fail to conform with these terms and conditions.

13. INDEMNIFICATION

Member agrees to indemnify and hold Service, its employees, directors, officers, parents, subsidiaries, and affiliates, harmless from any claim or demand, including reasonable attorneys' fees, expert costs and court costs incurred in relation to any claim or demand made by any third party related to or arising out of Member's use of the Service, any violation of these terms of use by Member, any alleged infringement by Member or Service of the rights of any third party, or by other user of the Service using Member's computer, or kickme.to URL.

14. TERMINATION

Either Member or Service may terminate the members ability to use Service and/or members ability to use the associated kickme.to URL with or without cause at any time and effective immediately. Service shall not be liable to Member or any third party for such termination.

Should Member object to any terms and conditions of these terms of Use or any subsequent modifications hereto or become dissatisfied with Service in any way, Member's only recourse is to immediately: (1) discontinue use of Service; (2) terminate Service membership; and (3) notify Service of such termination. Upon termination of membership, Member's use the Service, and Software shall immediately ceases. Member shall have no right and Service shall have no obligation thereafter to resolve any requests for url's to Member or any third party. Furthermore, immediately upon such termination member agreed that such terminated kickme.to URL remains the property of Service and member further agrees that such URL may immediately thereafter be made available for registration to the public or otherwise at the sole discretion of Service.

15. NOTICE

All notices required under these Terms of Use shall be in writing. In the case of any notice to Member, any particular decision to provide notice to the member shall not obligate service to otherwise notify member subsequently where such notice is not specifically required. Member agrees that posting a change or informational notice by Service on the Service is itself valid proper notice to member sufficient to satisfy any notice required hereunder. Furthermore, with respect to these terms of service, notice of any changes, additions or deletions to these terms of service is sufficient and binding upon the posting of such changes, additions or deletions in the form of an updated Terms of Service document itself. No further notice of change is required.

At the sole option of service, member agrees that email to the email address supplied by member during the registration process is sufficient notice regardless of whether service is made aware of another additional or subsequent email address for member. Members email address of record may, however, be updated by contacting info@kickme.to. Members email address of record may be verified by contacting info@kickme.to. Any automated response to any notice of change of email address or any other correspondence does not constitute confirmation of any formal change of the member’s email address with service.

16. PARTICIPATION IN PROMOTIONS OF ADVERTISERS

Member may enter into correspondence with or participate in promotions of the Advertisers showing their products on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding Member and the Advertiser. Service assumes no liability, obligation or responsibility for any part of any such correspondence or promotion or any products or services offered therein.

17. PROPRIETARY RIGHTS TO CONTENT

Member acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email distributed, commercially produced information presented to Member by the Service ("Content") by Service or Services Advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, Member is only permitted to use this Content as expressly authorized by Service or the Advertiser. Member may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by Service or the Advertiser.

18. LAWS

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California. Member and Services agree to submit to the exclusive jurisdiction of the courts of the Southern District of California sitting in Los Angeles, California. If any provision(s) of these Terms of Use are held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Service’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Service in writing. Member and Service hereby further agree that any cause of action arising out of or related to this Service or any use thereof must commence within one (1) year after the cause of action arises; otherwise, such cause of action is permanently barred.

The section titles in these Terms of Use are solely for the convenience of the parties and have no legal or contractual significance.