Terms of Service

Effective Date: October 26, 2023

Welcome to kicked.top. These Terms of Service ("Terms," "Agreement") govern your access to and use of the kicked.top website, services, and any related applications (collectively, the "Service"). The Service is operated by the kicked.top team ("kicked.top," "we," "us," or "our").

Please read these Terms carefully before using our Service. By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you disagree with any part of the terms, you may not access the Service.

1. Acceptance of Terms

By accessing, browsing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by this Agreement. This Agreement constitutes a legally binding contract between you (the "User") and kicked.top. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" will refer to both you and the organization.

We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. We will provide notice of significant changes by posting the new Terms on this page and updating the "Effective Date" at the top. It is your responsibility to review these Terms periodically. Your continued use of the Service following the posting of any changes constitutes acceptance of those changes.

2. Use of Service

2.1 Eligibility

You must be at least 13 years of age to use the Service. By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into this Agreement.

2.2 Account Registration

Access to certain features of the Service may require you to create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. You are solely responsible for safeguarding your account password and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

2.3 License to Use

Subject to your compliance with these Terms, kicked.top grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or internal business purposes. This license does not include any resale or commercial use of the Service or its contents.

2.4 Prohibited Uses

You agree not to use the Service for any unlawful purpose or in any way that violates these Terms. Prohibited activities include, but are not limited to:

• Violating any applicable local, state, national, or international law or regulation.
• Exploiting, harming, or attempting to exploit or harm minors in any way.
• Transmitting any material that is abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
• Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with a person or entity.
• Engaging in any activity that interferes with or disrupts the Service, servers, or networks connected to the Service.
• Attempting to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service.
• Using any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission.
• Reverse engineering, decompiling, or disassembling any portion of the Service.

We reserve the right to terminate or suspend your access to the Service immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason at our sole discretion.

3. User Responsibilities

3.1 User Content

You are solely responsible for any data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links ("User Content") that you post, display, or otherwise make available via the Service. You retain any ownership rights you hold in your User Content, but you grant kicked.top a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Service and our business.

You represent and warrant that you own or have the necessary rights to your User Content and that posting it does not violate any third-party rights (including intellectual property and privacy rights) or any laws.

3.2 Conduct

You agree to use the Service in a respectful and lawful manner. You are responsible for your interactions with other users. We are not responsible for the conduct of any user.

3.3 Compliance

You are responsible for complying with all applicable laws, rules, and regulations related to your use of the Service, including any content you submit.

4. Intellectual Property

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of kicked.top and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of kicked.top.

You acknowledge that the Service may contain content provided by third parties and that such content is protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. No license or right is granted to you by implication, estoppel, or otherwise to any patent, trademark, copyright, or other proprietary right of kicked.top or any third party.

If you believe that your intellectual property rights have been infringed by content on our Service, please contact us at [email protected] with a detailed description of the alleged infringement.

5. Limitation of Liability

5.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. KICKED.TOP DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

5.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KICKED.TOP, ITS TEAM MEMBERS, DIRECTORS, EMPLOYEES, PARTNERS, OR AGENTS BE LIABLE FOR ANY INDIRECT