Terms of Use

Last Revised: May 8, 2024

These Terms of Use ("Terms") constitute a legal agreement between you ("User" or "You") and KD INFORMATION SERVICES, LLC ("KD," "We," "Our," or "Company") regarding your use of our website https://www.kdinformationteam.com ("Website"), all mobile applications ("Games"), and any related services and content (collectively referred to as the "Service").

By accessing and/or using the Service, you indicate that you have read and agree to be bound by these Terms, which incorporate our Website Privacy Policy (available at: https://www.kdinformationteam.com/stick.html) and Game Privacy Policy (available at: https://www.kdinformationteam.com/stick.html). If you do not agree to these Terms, do not connect to, access, or use the Service in any manner.

Important Notice: This agreement is subject to binding arbitration and a waiver of class action rights.

The Service is offered only to individuals who: (a) are at least thirteen (13) years old; and (b) possess the legal capacity to form a binding contract under applicable law to accept these Terms.

The Service (including this Website) may provide you with information, including but not limited to information about KD, KD services, and any other content provided therein (e.g., data, materials, contact details, designs, and graphical user interfaces, collectively, the "Content"). Furthermore, the Service may allow you to contact us via a contact form ("Contact Form").

To the extent permitted by law, KD reserves all rights to the Service and the Content contained therein. To the extent permitted by law, the Service and its Content are provided "AS IS." KD shall not be responsible for any damages or losses incurred by you or anyone else arising from the use of the Service and/or its Content. Your use of the Service and/or its Content is entirely at your own risk.

Use Restrictions. Certain activities are strictly prohibited regarding the Service. Please read the following restrictions carefully. If you fail to comply with these Terms, KD has the right, at its sole discretion, to terminate your permission to use the Service, and you may be subject to civil and/or criminal liability.

Unless expressly stated otherwise in these Terms or permitted in writing by KD, you shall not (and shall not allow anyone to):

Copy, modify, alter, adapt, provide, translate, port, reverse engineer, decompile, or disassemble any Content provided by KD through the Service, or publicly display, copy, create derivative works from, perform, distribute, or otherwise use such Content;

Copy, distribute, display, publicly perform, make available to the public, reduce to human-readable form, decompile, disassemble, adapt, sublicense, make any commercial use of, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify, or create derivative works of any material protected by the proprietary rights of KD or its affiliates, including KD's intellectual property (as defined below);

Use the Content for any purpose on any other website, application, or networked computer environment without KD's prior written consent;

Create a browser or border environment around KD Content (framing or inline linking is not permitted);

Sell, license, or exploit any use of or access to the Service and/or Content for any commercial purpose;

Frame or mirror any part of the Service without KD's prior express written authorization;

Create a database by systematically downloading and storing all or any of the Content from the Service;

Transmit or otherwise make available any viruses, worms, Trojan horses, time bombs, web bugs, spyware, or any other computer code, files, or programs that are potentially or actually harmful, or intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other potentially or actually harmful, disruptive, or invasive code or component;

Use the Service for any purpose for which it is not intended; and/or

Infringe and/or violate any of the Terms.

Ownership and Proprietary Rights.

You acknowledge and agree that the Service (including any revisions, corrections, modifications, enhancements, and/or upgrades thereto, accompanying materials, and any copies you are permitted to make under these Terms) is owned by the Company, its affiliates, or its licensors and is protected by copyright laws and treaties. You further acknowledge and agree that all rights, title, and interest in and to the Service, including related intellectual property ("Intellectual Property") (including but not limited to any patents (registered or pending), copyrights, trade secrets, designs, or trademarks), whether embodied in or related to the Service, are and shall remain the exclusive property of the Company and/or its affiliates and/or its licensors. These Terms do not grant you any rights in the Service, but only a limited, revocable right of use in accordance with these Terms. Nothing in these Terms constitutes a waiver of our Intellectual Property rights under any law. If you provide any feedback ("Feedback") to KD, KD shall receive an exclusive, royalty-free, fully paid, worldwide, perpetual, and irrevocable license to incorporate such Feedback into any of KD's current or future products, technologies, or services and to use it for any purpose without any additional compensation to you or need for your consent. You agree that all such Feedback shall be deemed non-confidential information.

Furthermore, you warrant that your Feedback is not subject to any license terms that would require KD to comply with any additional obligations regarding any KD current or future products, technologies, or services incorporating any Feedback.

Trademarks.

"KD", KD®, KD's logos and insignia, and all other proprietary identifiers used by the Company ("Company Trademarks") are the Company's trademarks and/or trade names, whether registered or not. All other trademarks, service marks, trade names, and logos appearing in the Service belong to their respective owners ("Third-Party Marks"). No rights, license, or interest to the Company Trademarks and the Third-Party Marks is granted hereunder, and you agree that you shall not assert any rights, license, or interest with respect thereto. Therefore, you shall avoid using any of these marks except as permitted by this agreement.

Changes to the Service and/or Terms.

We may change, modify, add to, or delete any terms and conditions of these Terms and/or the Content and/or the Service at any time at our sole discretion, without prior written notice. If any material changes are made to these Terms, we will make reasonable efforts to post a clear notice within the Service and/or attempt to notify you via email (if you have provided an email address to us) regarding such changes. Your continued use of the Service following any changes to the Terms constitutes your full and irrevocable acceptance of those changes. If you do not accept any modification to these Terms, your only option is to cease using the Service.

Minors.

You must be at least thirteen (13) years old to use the Service. We reserve the right to request proof of age at any stage so that we can verify that minors under the age of thirteen (13) are not using the Service. If we become aware that a person under the age of thirteen (13) is using the Service, we will prohibit and block such User from accessing the Service and will make every effort to promptly delete all relevant information.

Disclaimer.

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ANY RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICE REMAINS SOLELY WITH YOU. FURTHERMORE, THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, FUNCTIONAL, UNINTERRUPTED, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE.

Limitation of Liability.

IN NO EVENT SHALL THE COMPANY, OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICE OR ANY CONTENT, UNDER ANY THEORY OF LIABILITY (TORT, CONTRACT, OR OTHERWISE). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IS TO IMMEDIATELY DISCONTINUE USE OF THE SERVICE.

YOU AGREE THAT ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO YOUR RELATIONSHIP WITH KD OR ITS AFFILIATES MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, YOUR CLAIM IS PERMANENTLY BARRED.

Indemnification.

You shall indemnify, defend, and hold us, our directors, officers, and employees harmless from and against any claims, suits, costs, damages, losses, liabilities, and expenses (including reasonable attorneys' fees and other legal costs) arising out of or in connection with your use of the Service or your breach of these Terms. You agree that KD shall have sole control of the defense of any legal proceeding for which you are required to provide indemnification under these Terms, at your expense. You further agree to cooperate with us in the defense of such proceeding. KD will make reasonable efforts to notify you of any claim for which you are required to provide indemnification under these Terms.

Termination.

We may terminate your use of the Service at any time at our sole discretion, for any reason or no reason, without prior notice. Furthermore, KD shall be entitled to any other remedies available under any applicable law.

Contact Us.

If you have any questions, complaints, and/or claims, you may contact us at [email protected].