BY AND BETWEEN NETWORKKING LLC (“US” and “WE”)
THE USER (“YOU”)
You may deactivate your account at any time from the profile edit form within the application.
- You agree to comply with all applicable federal, state, and local laws including, but not limited to, intellectual property and copyright, laws. You may not use, reproduce, distribute, create derivative works, publicly display, publicly perform, publish, transmit, or otherwise exploit the Content for any purpose whatsoever without obtaining prior written consent from NetworkKing or, in the case of third-party content, its respective owner. You acknowledge that you do not acquire any ownership rights by downloading or printing website Content.
- Prohibitions. You may not:
- remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on NetworkKing.com or the mobile app;
- circumvent, disable or otherwise interfere with security-related features of our website or mobile app;
- use an automatic device (such as a robot or spider) or manual process to copy or “scrape” our websites or mobile app for any purpose;
- collect or harvest any personally identifiable information from our website or mobile app including, without limitation, user names, passwords, email addresses;
- use the website or mobile app to solicit other users;
- attempt to or interfere with the proper working of our website or mobile app or impair, overburden, or disable the same;
- decompile, reverse engineer, or disassemble any portion of any our website or mobile app;
- use network-monitoring software to determine architecture of or extract usage data from our website or mobile app;
- encourage conduct that violates any local, state or federal law, either civil or criminal;
- engage in any conduct that restricts or inhibits any other user from using or enjoying our Websites.
- In order to access or use some features of NetworkKing.com and the mobile app, you will have to become a registered user. If you are under the age of eighteen, then you are not permitted to register as a user or otherwise submit personal information to NetworkKing.
- If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password (a “membership”), which may permit you access to certain areas of our website and mobile app not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your membership. You are solely responsible for the activity that occurs under your membership, whether or not you have authorized the activity. You agree to notify us immediately of any breach of security or unauthorized use of your membership.
- We may now or in the future permit users to post, upload, transmit through, or otherwise make available on our website or mobile app (collectively, “submit”) messages, templates, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on our website or mobile app. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
- You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
- You represent, warrant, and covenant that you will not submit any User Content that:
- violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;
- impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable;
- encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
- is an advertisement for goods or services or a solicitation of funds;
- includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;
- contains a formula, instruction, or advice that could cause harm or injury; or
- is a chain letter of any kind.
- Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying our website or mobile app will not be permitted.
- By submitting User Content, you also grant us the right to use your biographical information including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content.
- We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).
- We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.
- We provide our website, mobile app, and website content, for the commercial, entertainment and promotional purposes of NetworkKing. You may not rely on any information and opinions expressed on our website or mobile app for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any content.
- In many instances, content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on our website or mobile app by anyone other than authorized employees or spokespersons while acting in their official capacities.
- If there is a dispute between persons accessing our website or mobile app or between persons accessing our websites and any third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you hereby release NetworkKing and its officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries, and their related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
- Our website and mobile app may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
YOU EXPRESSLY AGREE THAT USE OF OUR WEBSITE AND MOBILE APP IS AT YOUR SOLE RISK. OUR WEBSITE, MOBILE APP AND WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, NETWORKKING AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE AND/OR MOBILE APP WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR MOBILE APP; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OR ACCESSED THROUGH OUR WEBSITE OR MOBILE APP; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR MOBILE APP; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE AND/OR MOBILE APP WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
- NetworkKing respects the intellectual property rights of others and expects its users to do the same. In appropriate circumstances and at its sole discretion, NetworkKing may terminate and/or disable the membership of users who it suspects to be infringers of the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in its sole discretion, NetworkKing may remove or disable access to material on any of its websites or hosted on its systems that may be infringing or the subject of infringing activity.
- In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). NetworkKing’s Designated Agent is: Rob Vettorel
- If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- 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.
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have 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.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
- If either of us wants to arbitrate a dispute, we agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. We will send notice to you based on the contact information you have provided us and notice to us must be sent to: 3122 Deerfield Ridge Road, McDonald PA 15057. We agree to make attempts to resolve the dispute. If we cannot resolve the dispute within forty-five (45) days of receipt of the notice to arbitrate, then we may submit the dispute to formal arbitration.
- The FAA applies to this Agreement and arbitration provision. We each agree the FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
- We each agree not to pursue arbitration on a classwide basis. We each agree that any arbitration will be solely between you and us (not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply and the dispute must be brought in court.
- We each are responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other fees and costs relating to the arbitration.
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
All notices, requests, and communications hereunder shall be in writing, and any such notice, request or other communication shall be deemed to have been given or made when delivered by hand, transmitted by fax and confirmed or, in the case of delivery by mail, when deposited in the mail, certified mail, return receipt requested, postage prepaid, to: NetworkKing, LLC, 3122 Deerfield Ridge Road, McDonald PA 15057.