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  • Terms of Service

Terms of SERVICE

  

TERMS OF USE

Last updated: Febuary 02, 2025

AGREEMENT TO OUR LEGAL TERMS

We are Olipop Software and Design LLC ("Company," "we," "us," "our").

We operate the mobile application Kik Assist (the "App"), as well as any other

related products and services that refer or link to these legal terms (the "Legal

Terms") (collectively, the "Services").

Kik Assist is a digital word game about association football and fun facts related to

the history of the sport. Earns Kik Koins as you help Kikky the rabbit restore the

Kik tracks that they have collected about the football.

You can contact us by email at info@olipopsoftware.com or by mail to 1235

East Blvd, Ste. E PMB 1161, Charlotte, NC 28203.

These Legal Terms constitute a legally binding agreement made between

you, whether personally or on behalf of an entity ("you"), and Olipop Software

and Design LLC, concerning your access to and use of the Services. You

agree that by accessing the Services, you have read, understood, and agreed

to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL

OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED

FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE

IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the

Services from time to time are hereby expressly incorporated herein by

reference. We reserve the right, in our sole discretion, to make changes or

modifications to these Legal Terms from time to time. We will alert you about

any changes by updating the "Last updated" date of these Legal Terms, and

you waive any right to receive specific notice of each such change. It is your

responsibility to periodically review these Legal Terms to stay informed of

updates. You will be subject to, and will be deemed to have been made aware

of and to have accepted, the changes in any revised Legal Terms by your

continued use of the Services after the date such revised Legal Terms are

posted.

All users who are minors in the jurisdiction in which they reside (generally

under the age of 18) must have the permission of, and be directly supervised

by, their parent or guardian to use the Services. If you are a minor, you must

have your parent or guardian read and agree to these Legal Terms prior to

you using the Services.

We recommend that you print a copy of these Legal Terms for your records.

TABLE OF CONTENTS

1. OUR SERVICES2. INTELLECTUAL PROPERTY RIGHTS

3. USER REPRESENTATIONS

4. USER REGISTRATION5. PRODUCTS

6. PURCHASES AND PAYMENT

7. REFUNDS POLICY

8. SOFTWARE

9. PROHIBITED ACTIVITIES

10. USER GENERATED CONTRIBUTIONS

11. CONTRIBUTION LICENSE

12. MOBILE APPLICATION LICENSE

13. SOCIAL MEDIA

14. THIRD-PARTY WEBSITES AND CONTENT

15. ADVERTISERS

16. SERVICES MANAGEMENT

17. PRIVACY POLICY

18. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND

POLICY

19. TERM AND TERMINATION

20. MODIFICATIONS AND INTERRUPTIONS

21. GOVERNING LAW

22. DISPUTE RESOLUTION

23. CORRECTIONS

24. DISCLAIMER25. LIMITATIONS OF LIABILITY

26. INDEMNIFICATION

27. USER DATA

28. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND

SIGNATURES

29. CALIFORNIA USERS AND RESIDENTS

30. MISCELLANEOUS31. CONTACT US

1. OUR SERVICES

The information provided when using the Services is not intended for

distribution to or use by any person or entity in any jurisdiction or country

where such distribution or use would be contrary to law or regulation or which

would subject us to any registration requirement within such jurisdiction or

country. Accordingly, those persons who choose to access the Services from

other locations do so on their own initiative and are solely responsible for

compliance with local laws, if and to the extent local laws are applicable.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual propertyWe are the owner or the licensee of all intellectual property rights in our

Services, including all source code, databases, functionality, software, website

designs, audio, video, text, photographs, and graphics in the Services

(collectively, the "Content"), as well as the trademarks, service marks, and

logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and

various other intellectual property rights and unfair competition laws) and

treaties in the United States and around the world.

The Content and Marks are provided in or through the Services "AS IS" for

your personal, non-commercial use only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the

"PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive,

non-transferable, revocable license to:

• access the Services; and

• download or print a copy of any portion of the Content to which you

have properly gained access.

solely for your personal, non-commercial use.

Except as set out in this section or elsewhere in our Legal Terms, no part of

the Services and no Content or Marks may be copied, reproduced,

aggregated, republished, uploaded, posted, publicly displayed, encoded,

translated, transmitted, distributed, sold, licensed, or otherwise exploited for

any commercial purpose whatsoever, without our express prior written

permission.

If you wish to make any use of the Services, Content, or Marks other than as

set out in this section or elsewhere in our Legal Terms, please address your

request to: info@olipopsoftware.com. If we ever grant you the permission to

post, reproduce, or publicly display any part of our Services or Content, you

must identify us as the owners or licensors of the Services, Content, or Marks

and ensure that any copyright or proprietary notice appears or is visible on

posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services,

Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material

breach of our Legal Terms and your right to use our Services will terminate

immediately.


Your submissions and contributions Please review this section and the "PROHIBITED ACTIVITIES" section

carefully prior to using our Services to understand the

(a) rights you give us and

(b) obligations you have when you post or upload any content through the

Services.

Submissions: By directly sending us any question, comment, suggestion,

idea, feedback, or other information about the Services ("Submissions"), you

agree to assign to us all intellectual property rights in such Submission. You

agree that we shall own this Submission and be entitled to its unrestricted use

and dissemination for any lawful purpose, commercial or otherwise, without

acknowledgment or compensation to you.

Contributions: The Services may invite you to chat, contribute to, or

participate in blogs, message boards, online forums, and other functionality

during which you may create, submit, post, display, transmit, publish,

distribute, or broadcast content and materials to us or through the Services,

including but not limited to text, writings, video, audio, photographs, music,

graphics, comments, reviews, rating suggestions, personal information, or

other material ("Contributions"). Any Submission that is publicly posted shall

also be treated as a Contribution.

You understand that Contributions may be viewable by other users of the

Services and possibly through third-party websites.

When you post Contributions, you grant us a license (including use of

your name, trademarks, and logos): By posting any Contributions, you

grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive,

transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy,

reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly

perform, publicly display, reformat, translate, excerpt (in whole or in part), and

exploit your Contributions for any purpose, commercial, advertising, or

otherwise, to prepare derivative works of, or incorporate into other works, your

Contributions, and to sublicense the licenses granted in this section. Our use

and distribution may occur in any media formats and through any media

channels.

This license includes our use of your name, company name, and franchise

name, as applicable, and any of the trademarks, service marks, trade names,

logos, and personal and commercial images you provide.

You are responsible for what you post or upload: By sending us

Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account

through the Services to any of your social networking accounts, you:

• confirm that you have read and agree with our "PROHIBITED

ACTIVITIES" and will not post, send, publish, upload, or transmit

through the Services any Submission nor post any Contribution that is

illegal, harassing, hateful, harmful, defamatory, obscene, bullying,

abusive, discriminatory, threatening to any person or group, sexually

explicit, false, inaccurate, deceitful, or misleading;

• to the extent permissible by applicable law, waive any and all moral

rights to any such Submission and/or Contribution;

• warrant that any such Submission and/or Contributions are original to

you or that you have the necessary rights and licenses to submit such

Submissions and/or Contributions and that you have full authority to

grant us the above-mentioned rights in relation to your Submissions

and/or Contributions; and

• warrant and represent that your Submissions and/or Contributions do

not constitute confidential information.

You are solely responsible for your Submissions and/or Contributions and you

expressly agree to reimburse us for any and all losses that we may suffer

because of your breach of (a) this section, (b) any third party’s intellectual

property rights, or (c) applicable law.

We may remove or edit your Content:Although we have no obligation to

monitor any Contributions, we shall have the right to remove or edit any

Contributions at any time without notice if in our reasonable opinion we

consider such Contributions harmful or in breach of these Legal Terms. If we

remove or edit any such Contributions, we may also suspend or disable your

account and report you to the authorities.

Copyright infringement

We respect the intellectual property rights of others. If you believe that any

material available on or through the Services infringes upon any copyright you

own or control, please immediately refer to the "DIGITAL MILLENNIUM

COPYRIGHT ACT (DMCA) NOTICE AND POLICY" section below.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration

information you submit will be true, accurate, current, and complete; (2) you

will maintain the accuracy of such information and promptly update such

registration information as necessary; (3) you have the legal capacity and youagree to comply with these Legal Terms; (4) you are not a minor in the

jurisdiction in which you reside, or if a minor, you have received parental

permission to use the Services; (5) you will not access the Services through

automated or non-human means, whether through a bot, script or otherwise;

(6) you will not use the Services for any illegal or unauthorized purpose; and

(7) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or

incomplete, we have the right to suspend or terminate your account and

refuse any and all current or future use of the Services (or any portion

thereof).

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your

password confidential and will be responsible for all use of your account and

password. We reserve the right to remove, reclaim, or change a username

you select if we determine, in our sole discretion, that such username is

inappropriate, obscene, or otherwise objectionable.

5. PRODUCTS

All products are subject to availability. We reserve the right to discontinue any

products at any time for any reason. Prices for all products are subject to

change.

6. PURCHASES AND PAYMENT

You agree to provide current, complete, and accurate purchase and account

information for all purchases made via the Services. You further agree to

promptly update account and payment information, including email address,

payment method, and payment card expiration date, so that we can complete

your transactions and contact you as needed. Sales tax will be added to the

price of purchases as deemed required by us. We may change prices at any

time. All payments shall be in US dollars.

You agree to pay all charges at the prices then in effect for your purchases

and any applicable shipping fees, and you authorize us to charge your chosen

payment provider for any such amounts upon placing your order. We reserve

the right to correct any errors or mistakes in pricing, even if we have already

requested or received payment.

We reserve the right to refuse any order placed through the Services. We

may, in our sole discretion, limit or cancel quantities purchased per person,

per household, or per order. These restrictions may include orders placed by

or under the same customer account, the same payment method, and/or

orders that use the same billing or shipping address. We reserve the right tolimit or prohibit orders that, in our sole judgment, appear to be placed by

dealers, resellers, or distributors.

7. REFUNDS POLICY

All sales are final and no refund will be issued.

8. SOFTWARE

We may include software for use in connection with our Services. If such

software is accompanied by an end user license agreement ("EULA"), the

terms of the EULA will govern your use of the software. If such software is not

accompanied by a EULA, then we grant to you a non-exclusive, revocable,

personal, and non-transferable license to use such software solely in

connection with our services and in accordance with these Legal Terms. Any

software and any related documentation is provided "AS IS" without warranty

of any kind, either express or implied, including, without limitation, the implied

warranties of merchantability, fitness for a particular purpose, or non-

infringement. You accept any and all risk arising out of use or performance of

any software. You may not reproduce or redistribute any software except in

accordance with the EULA or these Legal Terms.

9. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for

which we make the Services available. The Services may not be used in

connection with any commercial endeavors except those that are specifically

endorsed or approved by us.

As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create

or compile, directly or indirectly, a collection, compilation, database, or

directory without written permission from us.

• Trick, defraud, or mislead us and other users, especially in any attempt

to learn sensitive account information such as user passwords.

• Circumvent, disable, or otherwise interfere with security-related features

of the Services, including features that prevent or restrict the use or

copying of any Content or enforce limitations on the use of the Services

and/or the Content contained therein.

• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the

Services.

• Use any information obtained from the Services in order to harass,

abuse, or harm another person.• Make improper use of our support services or submit false reports of

abuse or misconduct.

• Use the Services in a manner inconsistent with any applicable laws or

regulations.

• Engage in unauthorized framing of or linking to the Services.

• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan

horses, or other material, including excessive use of capital letters and

spamming (continuous posting of repetitive text), that interferes with any

party’s uninterrupted use and enjoyment of the Services or modifies,

impairs, disrupts, alters, or interferes with the use, features, functions,

operation, or maintenance of the Services.

• Engage in any automated use of the system, such as using scripts to

send comments or messages, or using any data mining, robots, or

similar data gathering and extraction tools.

• Delete the copyright or other proprietary rights notice from any Content.

• Attempt to impersonate another user or person or use the username of

another user.

• Upload or transmit (or attempt to upload or to transmit) any material that

acts as a passive or active information collection or transmission

mechanism, including without limitation, clear graphics interchange

formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices

(sometimes referred to as "spyware" or "passive collection mechanisms"

or "pcms").

• Interfere with, disrupt, or create an undue burden on the Services or the

networks or services connected to the Services.

• Harass, annoy, intimidate, or threaten any of our employees or agents

engaged in providing any portion of the Services to you.

• Attempt to bypass any measures of the Services designed to prevent or

restrict access to the Services, or any portion of the Services.

• Copy or adapt the Services' software, including but not limited to Flash,

PHP, HTML, JavaScript, or other code.

• Except as permitted by applicable law, decipher, decompile,

disassemble, or reverse engineer any of the software comprising or in

any way making up a part of the Services.

• Except as may be the result of standard search engine or Internet

browser usage, use, launch, develop, or distribute any automated

system, including without limitation, any spider, robot, cheat utility,

scraper, or offline reader that accesses the Services, or use or launch

any unauthorized script or other software.

• Use a buying agent or purchasing agent to make purchases on the

Services.• Make any unauthorized use of the Services, including collecting

usernames and/or email addresses of users by electronic or other

means for the purpose of sending unsolicited email, or creating user

accounts by automated means or under false pretenses.

• Use the Services as part of any effort to compete with us or otherwise

use the Services and/or the Content for any revenue-generating

endeavor or commercial enterprise.

• Use the Services to advertise or offer to sell goods and services.

• Sell or otherwise transfer your profile.

10. USER GENERATED CONTRIBUTIONS

The Services may invite you to chat, contribute to, or participate in blogs,

message boards, online forums, and other functionality, and may provide you

with the opportunity to create, submit, post, display, transmit, perform, publish,

distribute, or broadcast content and materials to us or on the Services,

including but not limited to text, writings, video, audio, photographs, graphics,

comments, suggestions, or personal information or other material (collectively,

"Contributions"). Contributions may be viewable by other users of the Services

and through third-party websites. As such, any Contributions you transmit may

be treated as non-confidential and non-proprietary. When you create or make

available any Contributions, you thereby represent and warrant that:

• The creation, distribution, transmission, public display, or performance,

and the accessing, downloading, or copying of your Contributions do not

and will not infringe the proprietary rights, including but not limited to the

copyright, patent, trademark, trade secret, or moral rights of any third

party.

• You are the creator and owner of or have the necessary licenses, rights,

consents, releases, and permissions to use and to authorize us, the

Services, and other users of the Services to use your Contributions in

any manner contemplated by the Services and these Legal Terms.

• You have the written consent, release, and/or permission of each and

every identifiable individual person in your Contributions to use the

name or likeness of each and every such identifiable individual person

to enable inclusion and use of your Contributions in any manner

contemplated by the Services and these Legal Terms.

• Your Contributions are not false, inaccurate, or misleading.

• Your Contributions are not unsolicited or unauthorized advertising,

promotional materials, pyramid schemes, chain letters, spam, mass

mailings, or other forms of solicitation.• Your Contributions are not obscene, lewd, lascivious, filthy, violent,

harassing, libelous, slanderous, or otherwise objectionable (as

determined by us).

• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse

anyone.

• Your Contributions are not used to harass or threaten (in the legal

sense of those terms) any other person and to promote violence against

a specific person or class of people.

• Your Contributions do not violate any applicable law, regulation, or rule.

• Your Contributions do not violate the privacy or publicity rights of any

third party.

• Your Contributions do not violate any applicable law concerning child

pornography, or otherwise intended to protect the health or well-being of

minors.

• Your Contributions do not include any offensive comments that are

connected to race, national origin, gender, sexual preference, or

physical handicap.

• Your Contributions do not otherwise violate, or link to material that

violates, any provision of these Legal Terms, or any applicable law or

regulation.

Any use of the Services in violation of the foregoing violates these Legal

Terms and may result in, among other things, termination or suspension of

your rights to use the Services.

11. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Services or making

Contributions accessible to the Services by linking your account from the

Services to any of your social networking accounts, you automatically grant,

and you represent and warrant that you have the right to grant, to us an

unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable,

royalty-free, fully-paid, worldwide right, and license to host, use, copy,

reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store,

cache, publicly perform, publicly display, reformat, translate, transmit, excerpt

(in whole or in part), and distribute such Contributions (including, without

limitation, your image and voice) for any purpose, commercial, advertising, or

otherwise, and to prepare derivative works of, or incorporate into other works,

such Contributions, and grant and authorize sublicenses of the foregoing. The

use and distribution may occur in any media formats and through any media

channels.

This license will apply to any form, media, or technology now known orhereafter developed, and includes our use of any of the trademarks, service

marks, trade names, logos, and personal and commercial images you

provide. You waive all moral rights in your Contributions, and you warrant that

moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full

ownership of all of your Contributions and any intellectual property rights or

other proprietary rights associated with your Contributions. We are not liable

for any statements or representations in your Contributions provided by you in

any area on the Services. You are solely responsible for your Contributions to

the Services and you expressly agree to exonerate us from any and all

responsibility and to refrain from any legal action against us regarding your

Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or

otherwise change any Contributions; (2) to re-categorize any Contributions to

place them in more appropriate locations on the Services; and (3) to pre-

screen or delete any Contributions at any time and for any reason, without

notice. We have no obligation to monitor your Contributions.

12. MOBILE APPLICATION LICENSE

Use License

If you access the Services via the App, then we grant you a revocable, non-

exclusive, non-transferable, limited right to install and use the App on wireless

electronic devices owned or controlled by you, and to access and use the App

on such devices strictly in accordance with the terms and conditions of this

mobile application license contained in these Legal Terms. You shall not: (1)

except as permitted by applicable law, decompile, reverse engineer,

disassemble, attempt to derive the source code of, or decrypt the App; (2)

make any modification, adaptation, improvement, enhancement, translation,

or derivative work from the App; (3) violate any applicable laws, rules, or

regulations in connection with your access or use of the App; (4) remove,

alter, or obscure any proprietary notice (including any notice of copyright or

trademark) posted by us or the licensors of the App; (5) use the App for any

revenue-generating endeavor, commercial enterprise, or other purpose for

which it is not designed or intended; (6) make the App available over a

network or other environment permitting access or use by multiple devices or

users at the same time; (7) use the App for creating a product, service, or

software that is, directly or indirectly, competitive with or in any way a

substitute for the App; (8) use the App to send automated queries to any

website or to send any unsolicited commercial email; or (9) use any

proprietary information or any of our interfaces or our other intellectualproperty in the design, development, manufacture, licensing, or distribution of

any applications, accessories, or devices for use with the App.

Apple and Android Devices

The following terms apply when you use the App obtained from either the

Apple Store or Google Play (each an "App Distributor") to access the

Services: (1) the license granted to you for our App is limited to a non-

transferable license to use the application on a device that utilizes the Apple

iOS or Android operating systems, as applicable, and in accordance with the

usage rules set forth in the applicable App Distributor’s terms of service; (2)

we are responsible for providing any maintenance and support services with

respect to the App as specified in the terms and conditions of this mobile

application license contained in these Legal Terms or as otherwise required

under applicable law, and you acknowledge that each App Distributor has no

obligation whatsoever to furnish any maintenance and support services with

respect to the App; (3) in the event of any failure of the App to conform to any

applicable warranty, you may notify the applicable App Distributor, and the

App Distributor, in accordance with its terms and policies, may refund the

purchase price, if any, paid for the App, and to the maximum extent permitted

by applicable law, the App Distributor will have no other warranty obligation

whatsoever with respect to the App; (4) you represent and warrant that (i) you

are not located in a country that is subject to a US government embargo, or

that has been designated by the US government as a "terrorist supporting"

country and (ii) you are not listed on any US government list of prohibited or

restricted parties; (5) you must comply with applicable third-party terms of

agreement when using the App, e.g., if you have a VoIP application, then you

must not be in violation of their wireless data service agreement when using

the App; and (6) you acknowledge and agree that the App Distributors are

third-party beneficiaries of the terms and conditions in this mobile application

license contained in these Legal Terms, and that each App Distributor will

have the right (and will be deemed to have accepted the right) to enforce the

terms and conditions in this mobile application license contained in these

Legal Terms against you as a third-party beneficiary thereof.

13. SOCIAL MEDIA

As part of the functionality of the Services, you may link your account with

online accounts you have with third-party service providers (each such

account, a "Third-Party Account") by either: (1) providing your Third-Party

Account login information through the Services; or (2) allowing us to access

your Third-Party Account, as is permitted under the applicable terms and

conditions that govern your use of each Third-Party Account. You representand warrant that you are entitled to disclose your Third-Party Account login

information to us and/or grant us access to your Third-Party Account, without

breach by you of any of the terms and conditions that govern your use of the

applicable Third-Party Account, and without obligating us to pay any fees or

making us subject to any usage limitations imposed by the third-party service

provider of the Third-Party Account. By granting us access to any Third-Party

Accounts, you understand that (1) we may access, make available, and store

(if applicable) any content that you have provided to and stored in your Third-

Party Account (the "Social Network Content") so that it is available on and

through the Services via your account, including without limitation any friend

lists and (2) we may submit to and receive from your Third-Party Account

additional information to the extent you are notified when you link your

account with the Third-Party Account. Depending on the Third-Party Accounts

you choose and subject to the privacy settings that you have set in such

Third-Party Accounts, personally identifiable information that you post to your

Third-Party Accounts may be available on and through your account on the

Services. Please note that if a Third-Party Account or associated service

becomes unavailable or our access to such Third-Party Account is terminated

by the third-party service provider, then Social Network Content may no

longer be available on and through the Services. You will have the ability to

disable the connection between your account on the Services and your Third-

Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP

WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH

YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR

AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We

make no effort to review any Social Network Content for any purpose,

including but not limited to, for accuracy, legality, or non-infringement, and we

are not responsible for any Social Network Content. You acknowledge and

agree that we may access your email address book associated with a Third-

Party Account and your contacts list stored on your mobile device or tablet

computer solely for purposes of identifying and informing you of those

contacts who have also registered to use the Services. You can deactivate the

connection between the Services and your Third-Party Account by contacting

us using the contact information below or through your account settings (if

applicable). We will attempt to delete any information stored on our servers

that was obtained through such Third-Party Account, except the username

and profile picture that become associated with your account.

14. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the App) links to other

websites ("Third-Party Websites") as well as articles, photographs, text,graphics, pictures, designs, music, sound, video, information, applications,

software, and other content or items belonging to or originating from third

parties ("Third-Party Content"). Such Third-Party Websites and Third-Party

Content are not investigated, monitored, or checked for accuracy,

appropriateness, or completeness by us, and we are not responsible for any

Third-Party Websites accessed through the Services or any Third-Party

Content posted on, available through, or installed from the Services, including

the content, accuracy, offensiveness, opinions, reliability, privacy practices, or

other policies of or contained in the Third-Party Websites or the Third-Party

Content. Inclusion of, linking to, or permitting the use or installation of any

Third-Party Websites or any Third-Party Content does not imply approval or

endorsement thereof by us. If you decide to leave the Services and access

the Third-Party Websites or to use or install any Third-Party Content, you do

so at your own risk, and you should be aware these Legal Terms no longer

govern. You should review the applicable terms and policies, including privacy

and data gathering practices, of any website to which you navigate from the

Services or relating to any applications you use or install from the Services.

Any purchases you make through Third-Party Websites will be through other

websites and from other companies, and we take no responsibility whatsoever

in relation to such purchases which are exclusively between you and the

applicable third party. You agree and acknowledge that we do not endorse the

products or services offered on Third-Party Websites and you shall hold us

blameless from any harm caused by your purchase of such products or

services. Additionally, you shall hold us blameless from any losses sustained

by you or harm caused to you relating to or resulting in any way from any

Third-Party Content or any contact with Third-Party Websites.

15. ADVERTISERS

We allow advertisers to display their advertisements and other information in

certain areas of the Services, such as sidebar advertisements or banner

advertisements. We simply provide the space to place such advertisements,

and we have no other relationship with advertisers.

16. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for

violations of these Legal Terms; (2) take appropriate legal action against

anyone who, in our sole discretion, violates the law or these Legal Terms,

including without limitation, reporting such user to law enforcement authorities;

(3) in our sole discretion and without limitation, refuse, restrict access to, limit

the availability of, or disable (to the extent technologically feasible) any of your

Contributions or any portion thereof; (4) in our sole discretion and withoutlimitation, notice, or liability, to remove from the Services or otherwise disable

all files and content that are excessive in size or are in any way burdensome

to our systems; and (5) otherwise manage the Services in a manner designed

to protect our rights and property and to facilitate the proper functioning of the

Services.

17. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy

Policy: www.kikassist.com/privacy-policy. By using the Services, you agree

to be bound by our Privacy Policy, which is incorporated into these Legal

Terms. Please be advised the Services are hosted in the United States. If you

access the Services from any other region of the world with laws or other

requirements governing personal data collection, use, or disclosure that differ

from applicable laws in the United States, then through your continued use of

the Services, you are transferring your data to the United States, and you

expressly consent to have your data transferred to and processed in the

United States.

18. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND

POLICY

Notifications

We respect the intellectual property rights of others. If you believe that any

material available on or through the Services infringes upon any copyright you

own or control, please immediately notify our Designated Copyright Agent

using the contact information provided below (a "Notification"). A copy of your

Notification will be sent to the person who posted or stored the material

addressed in the Notification. Please be advised that pursuant to federal law

you may be held liable for damages if you make material misrepresentations

in a Notification. Thus, if you are not sure that material located on or linked to

by the Services infringes your copyright, you should consider first contacting

an attorney.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3)

and include the following information: (1) A physical or electronic signature of

a person authorized to act on behalf of the owner of an exclusive right that is

allegedly infringed; (2) identification of the copyrighted work claimed to have

been infringed, or, if multiple copyrighted works on the Services are covered

by the Notification, a representative list of such works on the Services; (3)

identification of the material that is claimed to be infringing or to be the subject

of infringing activity and that is to be removed or access to which is to be

disabled, and information reasonably sufficient to permit us to locate the

material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available,

an email address at which the complaining party may be contacted; (5) a

statement that the complaining party has a good faith belief that use of the

material in the manner complained of is not authorized by the copyright

owner, its agent, or the law; and (6) a statement that the information in the

notification is accurate, and under penalty of perjury, that the complaining

party is authorized to act on behalf of the owner of an exclusive right that is

allegedly infringed upon.

Counter Notification

If you believe your own copyrighted material has been removed from the

Services as a result of a mistake or misidentification, you may submit a written

counter notification to [us/our Designated Copyright Agent] using the contact

information provided below (a "Counter Notification"). To be an effective

Counter Notification under the DMCA, your Counter Notification must include

substantially the following:

(1) identification of the material that has been removed or disabled and the

location at which the material appeared before it was removed or disabled;

(2) a statement that you consent to the jurisdiction of the Federal District Court

in which your address is located, or if your address is outside the United

States, for any judicial district in which we are located;

(3) a statement that you will accept service of process from the party that filed

the Notification or the party's agent;

(4) your name, address, and telephone number;

(5) a statement under penalty of perjury that you have a good faith belief that

the material in question was removed or disabled as a result of a mistake or

misidentification of the material to be removed or disabled; and (6) your

physical or electronic signature.

If you send us a valid, written Counter Notification meeting the requirements

described above, we will restore your removed or disabled material, unless we

first receive notice from the party filing the Notification informing us that such

party has filed a court action to restrain you from engaging in infringing activity

related to the material in question. Please note that if you materially

misrepresent that the disabled or removed content was removed by mistake

or misidentification, you may be liable for damages, including costs and

attorney's fees. Filing a false Counter Notification constitutes perjury.

Designated Copyright Agent

Jerry Phillips

Attn: Copyright Agent

1235 East Blvd

Suite e. PMB 1161Charlotte, NC 28203

United States

jerry@olipopsoftware.com

19. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the

Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL

TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND

WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE

SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY

PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING

WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,

WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR

OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE

YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR

ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED

AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited

from registering and creating a new account under your name, a fake or

borrowed name, or the name of any third party, even if you may be acting on

behalf of the third party. In addition to terminating or suspending your account,

we reserve the right to take appropriate legal action, including without

limitation pursuing civil, criminal, and injunctive redress.

20. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the

Services at any time or for any reason at our sole discretion without notice.

However, we have no obligation to update any information on our Services.

We will not be liable to you or any third party for any modification, price

change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may

experience hardware, software, or other problems or need to perform

maintenance related to the Services, resulting in interruptions, delays, or

errors. We reserve the right to change, revise, update, suspend, discontinue,

or otherwise modify the Services at any time or for any reason without notice

to you. You agree that we have no liability whatsoever for any loss, damage,

or inconvenience caused by your inability to access or use the Services during

any downtime or discontinuance of the Services. Nothing in these Legal

Terms will be construed to obligate us to maintain and support the Services or

to supply any corrections, updates, or releases in connection therewith.21. GOVERNING LAW

These Legal Terms shall be governed by and defined following the laws of

Charlotte. North Carolina United States and yourself irrevocably consent that

the courts of Mecklenburg County, North Carolina shall have exclusive

jurisdiction to resolve any dispute which may arise in connection with these

Legal Terms.



     

22. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party. 


Binding Arbitration 


If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Mecklenburg, North Carolina. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. 

If for any reason, a Dispute proceeds in court rather than arbitration, the 

   

Dispute shall be commenced or prosecuted in the state and federal
courts located in Mecklenburg, North Carolina, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.
In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court. 

 

Restrictions 


The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. 


Exceptions to Informal Negotiations and Arbitration 


The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court. 


23. CORRECTIONS 

  

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice. 


24. DISCLAIMER 


THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3)
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD- PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE 

  

PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR
BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. 


25. LIMITATIONS OF LIABILITY 


IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. 


26. INDEMNIFICATION 


You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. 

  

27. USER DATA 


We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. 


28. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES 


Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. 


29. CALIFORNIA USERS AND RESIDENTS 


If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254. 


30. MISCELLANEOUS 


These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or 

  

agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms. 


31. CONTACT US 


In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: 

  

Olipop Software and Design LLC 1235 East Blvd
Suite e. PMB 1161
Charlotte, NC 28203 

United States 

info@olipopsoftware.com 

 

These terms of use were created using Termly's Terms and Conditions Generator. 

Other languages

CONDITIONS D'UTILISATIONTÉRMINOS DE USOTERMOS DE USO

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