Terms of Service

Please read the following important legal information before accessing or using this website (“Kicker Site” or “Kicker”). The use of this website by a user (“User”) constitutes an agreement to abide by the terms and conditions below, just as if you had signed this Agreement.

Kicker may revise this Agreement from time to time by updating this posting.

A. The Service

Kicker is an online news site aimed at young adults (the "Service").

B. Licenses and Restrictions

Kicker grants User a limited, nonexclusive, revocable license to access and make personal, non-commercial use of the contents of the Kicker Site. Additional terms and conditions apply to User Created Content, as that term is defined in Section L below. The foregoing licenses do not include any rights to:
• modify, download (other than page caching), reproduce, copy, or resell the Kicker Site, the Content (as the term is defined in section G below) or any portion or derivative thereof;
• commercially use the Kicker Site, the Content or any portion derivative thereof;
• copy or download any User's account or profile information, if applicable, for the benefit of any third party;
• use any robot, spider, data miner, crawler, scraper or other automated means to access or index the Kicker Site or its systems, the Content or any portion or derivative thereof for any purpose;
• interfere or attempt to interfere with the proper working of the Kicker Site;
• bypass any Kicker measures used to prevent or restrict access to any portion of the Kicker Site, the Content or any portion or derivative thereof;
• frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Kicker;
• use Kicker’s name, trademarks, services marks or logos in any meta tags or any other "hidden text"; or
• compile, repackage, disseminate or otherwise use data extracted from the Kicker Site.

The foregoing is expressly prohibited; the right to do any of the above shall require Kicker’s express written consent (which may include a written agreement signed by an authorized representative of Kicker). Any unauthorized use of the Kicker Site, the Content or any portion or derivative thereof shall terminate any license or permission granted by Kicker.

C. User Conduct; Right to Terminate Access to the Service

As a user, you are solely responsible for the content of your communications with other users of the Service. Your use of the Service is subject to all applicable local, state, national and international laws and regulations. Kicker retains the right, at Kicker' sole discretion, to determine whether or not your conduct is consistent with this Agreement and Kicker's operating rules or policies and may terminate your access to and use of the Service if your conduct is found to be inconsistent with this Agreement, such rules or policies. You acknowledge and agree that Kicker neither endorses the content of any of its user's communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby. Without limitation, Kicker reserves the right to terminate your access to and use of the Service if, in Kicker’s view, your conduct or communications:
• contains, promotes or links to sexually explicit or violent material;
• promotes, depicts or links to material that promotes or depicts discrimination based on race, gender, religion, national origin, physical or mental disability, sexual orientation, or age;
• contains unlawful material, including but not limited to materials that may violate another's intellectual property rights, or links to a site that contains such material;
• contains information regarding, promotes or links to a site that provides information or promotes illegal activity;
• is considered by Kicker or any person with access to such content to be "junk mail," "chain letters," duplicative or unsolicited mass mailing, instant messaging, "spimming," “phishing” or "spamming;”
• is considered by Kicker or any person with access to such content to be obscene, lewd, lascivious, filthy, excessively violent, threatening, harassing or otherwise objectionable, whether or not such material is constitutionally protected; or
• is deemed to be unsuitable for any other reason.

You understand that we reserve the right to conclude that your conduct is unsuitable in accordance with our standards, and we may come to such a conclusion based upon our opinion, without any duty to prove that opinion, regardless of allowing other users access to the Service despite their conduct having the same or similar characteristics as yours. You also understand that by providing any user access to and use of the Service, Kicker in no way endorses user communications as being suitable under the terms of this Agreement.

D. Modifications to Your Information and Password

Every User that has an account on the Kicker Site is responsible for (i) keeping his or her account password confidential and secured, (ii) avoiding unauthorized access to such User's computer; and (iii) keeping the e-mail address associated with that account current. In order to change any of your account information with us, you must use your password. In no event will Kicker be liable for the unauthorized use or misuse of your password.

E. Disclaimer of Warranties; Limitation of Liability

Kicker does not endorse content, nor warrant the accuracy, completeness, correctness, timeliness or usefulness of any opinions, advice, content, or services provided through the Service or on the Internet generally.

YOU AGREE THAT USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE AND SERVICES PROVIDED THROUGH OR IN CONNECTION WITH IT, ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. KICKER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. KICKER MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES KICKER 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. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. YOU SPECIFICALLY ACKNOWLEDGE THAT KICKER IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. KICKER MAKES NO WARRANTY REGARDING ANY SERVICES OBTAINED THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KICKER 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.

NEITHER KICKER NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY.

Reliance on any information appearing on the Kicker Site is strictly at your own risk.

The Kicker Site may contain the opinions and views of other Users. Given the interactive nature of the Kicker Site, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our Users.

The content of the Kicker Site is intended for educational and entertainment purposes only. You should not act or refrain from acting on the basis of any content included in, or accessible through, the Kicker Site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer or professional licensed in the recipient's state, country or other appropriate licensing jurisdiction.

F. Indemnification

You agree to indemnify and hold Kicker, its parents, subsidiaries, affiliates, officers, agents, employees, partners, licensors and content partners harmless from any dispute which may arise from a breach of terms of this Agreement. You agree to hold Kicker harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to your violation of this Agreement.

You agree to indemnify and hold Kicker, its parents, subsidiaries, affiliates, officers, agents, employees, partners, licensors, agents, affiliates and content partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use, or submission, as applicable, of the Kicker Site, any User Created Content submitted by you, breach of the Terms of Service or your violation of any law or the rights of a third party.

G. Ownership Rights

The materials provided on the Service may be saved, downloaded or reprinted for personal or educational use only. You acknowledge that the Service contains information, software, photos, video, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Kicker owns a copyright in the selection, coordination, arrangement and enhancement of such Content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part. You may not upload, post, reproduce or distribute Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Kicker or its affiliates, or third parties from whom Kicker has permission, own the trademarks or service marks that are used on the Kicker website. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Kicker and its licensors may not be used without prior written consent of Kicker or its licensor, as the case may be. Without limiting the foregoing, no Kicker trademark or trade dress may be used in connection with any product or service that is not Kicker's, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Kicker. Other products, brands, company names and the like are trademarks of their respective owners.

H. No Copying or Distribution

You may not reproduce, copy or redistribute the design or layout of this website, individual elements of the web site design, Kicker logos or other logos appearing on this website, without the express written permission of Kicker. Reproduction, copying or redistribution for commercial purposes of any materials or design elements on the Kicker website is strictly prohibited without the express written permission of Kicker. Images and descriptions of products may be supplied to us by third parties, who reserve all rights in those materials.

I. Governing Law

This website is controlled by Kicker from its offices in New York, New York. As this website can be accessed from all fifty states and other countries around the world and each of these places has laws that may differ from those of New York, by accessing this website both you and Kicker agree that the statutes and laws of the State of New York, without regard to the conflicts of laws principles thereof, will apply to all matters relating to use of this website. Kicker makes no representation that materials on this website are appropriate or available for use in other locations, and accessing them from territories where its contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable laws.

J. Dispute Resolution

You are solely responsible for your interactions with other Users. Kicker reserves the right, but has no obligation, to become involved in any way with disputes between you and other Users.

K. Age of Users

We do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on our websites. Should we learn that someone under the age of 13 has provided any personal information to or on the Kicker Site, we will remove that information as soon as possible.

L. User Created Content

User Created Content (as defined below) may be used by you only for lawful purposes in accordance with these Terms of Service. If you post, publish or communicate any information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material on or through the Kicker Site or directly to Kicker in response to a request for content submissions (“User Created Content”), please choose carefully the information that you post and/or provide to Kicker and/or to other Users. User is prohibited from posting on or transmitting through the Kicker Site or directly to Kicker any unlawful, libelous, tortious, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, is injurious to the health of any user or otherwise violates any applicable law.

Kicker reserves the right, in its sole discretion, to reject, refuse to post or remove any posting or other User Created Content by you, or to deny, restrict, suspend, or terminate access to all or any part of the Kicker services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Kicker reserves the right, in its sole discretion, to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Kicker Site for any reason.

If you become aware of misuse of the Kicker services, including any unlawful, libelous, tortious, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violates any applicable law, please email the Kicker editors at go@gokicker.com.

Notwithstanding the foregoing, Kicker assumes no responsibility for ongoing monitoring of the Kicker Site or for removal or editing of any User Created Content, even after receiving notice. Kicker assumes no liability for any action or inaction with respect to conduct, communication, or User Created Content within the Kicker Site.

The Kicker Site is not designed for use by Minors. No children under the age of 13 are permitted to register or create user profiles; and individuals ages 13 through 17 must participate on Kicker only under the supervision of a parent or legal guardian. Numerous informational and commercial resources (such as computer hardware, software, or filtering services) are available to help parents keep their children safe online. If you are interested in learning more about these resources, information is available at many sites providing information on such protections. Kicker does not specifically sponsor or endorse any of these sites or their services.

You may not post User Created Content that: involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spikmming," “phishing” or "spamming"; contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; involves commercial activities and/or sales such as contests, sweepstakes, barter, advertising, or pyramid schemes; includes a photograph or video of another person that you have posted without that person's consent; circumvents or modifies, or attempts to circumvent or modify, or encourages or assists any other person in circumventing or modifying any security technology or software that is part of the Kicker Site; involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; involves any automated use of the Kicker Site, such as, but not limited to, using scripts to send comments or messages; interferes with, disrupts, or creates an undue burden on the Kicker Site or the networks or services connected to the Kicker Site; impersonates or attempts to impersonate another User, person or entity; uses the account, username, or password of another User at any time or discloses your password to any third party or permits any third party to access your account; sells or otherwise transfers your profile; uses any information obtained from the Kicker Site in order to harass, abuse, or harm another person or entity, or attempting to do the same.

Users may upload to or otherwise submit to Kicker for distribution on the Kicker Site only (i) User Created Content that is not subject to any copyright or other proprietary rights restrictions; or (ii) User Created Content in which the owner or licensor has given express authorization for Kicker to distribute over the Internet. You may not upload, embed, post, e-mail, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Any copyrighted or other proprietary User Created Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." Kicker is entitled to presume that all User Created Content conforms to the foregoing requirements. The unauthorized submission of copyrighted or other proprietary User Created Content is illegal and could subject the User to personal liability for damages in a civil suit as well as criminal prosecution. Users assume all liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from an unauthorized submission or submission of User Created Content. Kicker assumes no liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from any User Created Content.

By submitting User Created Content for use on the Kicker Site or Kicker-run social media platform, you automatically grant, or represent and warrant that the owner or authorized licensor of such User Created Content has expressly granted to Kicker and its affiliates, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publish, re-format, translate, sublicense, copy, modify, delete, enhance, display, archive, publish, perform, disclose, transmit, broadcast, post, create derivative works of, sell and distribute the User Created Content, and your name, voice, likeness and other identifying information, in whole or in part worldwide and/or to incorporate such User Created Content in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such User Created Content for any purposes whatsoever including, without limitation, developing, manufacturing and marketing products using such User Created Content. Subject to this grant, the licensor of User Created Content submitted to Kicker retains any and all rights that may exist in such User Created Content. You hereby waive any moral rights you may have in and to any of User Created Content, even if such material is altered or changed in a manner not agreeable to you.

You agree and understand that Kicker is not obligated to use User Created Content submitted through the Kicker Site or otherwise, and may alternatively choose to discard such content. You understand, acknowledge and agree that we assume no responsibility for deletion of User Created Content.

All of your User Created Content is your sole responsibility. This means that you, and not Kicker, are entirely responsible for all of your User Created Content that you upload, post, e-mail, transmit or otherwise make available via the Kicker Site. If you post personal information on the Kicker Site you do so at your own risk. Kicker cannot ensure the security of any information you post on publicly available areas of the Kicker Site. Under no circumstances will Kicker be liable in any way for any of your User Created Content including, but not limited to, any errors or omissions in your User Created Content, or for any loss or damage of any kind incurred as a result of your User Created Content. Except as otherwise described in our Privacy Policy or other agreement on the Kicker Site, your User Created Content will be treated as non-confidential and non-proprietary and we will not be liable for any use or disclosure to anyone, including but not limited to claimed intellectual property owners. You agree that you must evaluate, and bear all risks associated with, the use of any User Created Content including, but not limited to, any reliance on the accuracy, completeness, or usefulness of your User Created Content. Since Kicker may not pre-screen user generated content, you may bear legal responsibility for others' exposure to any offensive indecent or objectionable content in your User Created Content.

M. User Contribution / Commenting

Kicker may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, video responses, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through Kicker.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on Kicker, you grant us and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose in accordance with your account settings.

You represent and warrant that:
• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our respective licensees, successors and assigns.
• All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of Kicker.

Monitoring and Enforcement; Termination

We have the right to:
• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
• Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court orders requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY, ITS LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy (found here http://gokicker.com/legal-stuff/privacy-policy/)
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote or assist any unlawful act.
• Cause annoyance, inconvenience or needless anxiety.
• Be likely to upset, embarrass, alarm or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please see our Copyright Policy (below) for instructions on sending us a notice of copyright infringement. It is the policy of Kicker to terminate the user accounts of repeat infringers.

N. Wireless Marketing Services and Promotional Opportunities

Kicker may provide Users and viewers with the opportunity to register for services, news, programming and information delivered via text messaging and other wireless devices such as mobile phones. Users are required to provide their consent to receive such information from Kicker, either by registering on the Kicker Site or via their wireless device. The User may also be required to confirm his or her agreement to these Terms of Service and, including without limitation, our Privacy Policy.

Users that register for Kicker’s wireless services acknowledge, understand and agree that they will be charged by the User’s wireless carrier for all messages sent to the User from Kicker. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will Kicker be responsible for any wireless email or text messaging charges incurred by a User or by a person that has access to a User’s wireless device, telephone number, or email address.

User understands, acknowledges and agrees that Kicker may, at its sole discretion and without liability to any User, terminate its offer of any specific wireless service or all wireless services at any time without advance notice. Kicker may provide notice of terminations or changes in services on the Kicker Site.

O. RSS Feeds

The Kicker Site may provide RSS Feeds (“RSS Feeds”) consisting of selected text, audio, video, and photographic content (“RSS Content”) from the Kicker Site that is provided over the Internet using an XML feed. Certain RSS Feeds may include as part of the RSS Content an associated audio, video and/or photographic file where the audio and/or video file may be downloaded and played from a User’s computer or transferred to a portable listening device. Certain RSS software and hardware is required for Users to download and view and/or play Content through RSS Feeds. RSS Content is protected by U.S. Federal and State laws, and applicable foreign laws, regulations and treaties, and all rights in and to the RSS Content are reserved to Kicker or the content provider. RSS Content is available for personal, noncommercial use only and you may download, copy and/or transfer to a portable listening or viewing device or a computer the RSS Feeds and associated RSS Content for your personal, non-commercial use only. You shall not, nor will you allow any third party to, reproduce, modify, create derivative works of, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party, or otherwise use any RSS Content except as expressly authorized in this Section N. By your access to and use of RSS Feeds, you understand, acknowledge and agree that Kicker does not warrant that its RSS Feeds will operate on all User equipment. Please see the “Disclaimer of Warranties; Limitation of Liability” section above for further details.

P. Hyperlinks to Third Party Sites

The Kicker Site may contain hyperlinks to other web sites ("Other Sites"). If you use the hyperlinks to access these Other Sites, you will leave the Kicker Site and your browser will be re-directed to the Other Sites. The Other Sites may have their own terms of service and privacy policy and those Other Sites may have different practices and requirements than the Kicker Site. The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Kicker Site or any other form of link or re-direction of your connection to, with or through the Kicker Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of Kicker, any of its successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, or operational service providers. We do not verify, endorse or have any responsibility for any such third party sites, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such site, whether Kicker’s logo or sponsorship identification is on the third party site as part of a co-branding or promotional arrangement. The Kicker Site is only providing these links to you as a convenience. If any third party site obtains or collects personal information from you, in no event shall we assume or have any responsibility or liability. Please read our Privacy Policy, which describes how Kicker collects and uses your personal information.

Q. Our Linking Policy

Any web site that links to the Kicker Site: (a) must not frame or create a browser or border environment around any of the Content of the Kicker Site; (b) may link to, but not replicate in whole without attribution, the Content; (c) must not imply that Kicker or the Kicker Site are endorsing or sponsoring it or its products, unless Kicker has given its prior written consent; (d) must not present false information about Kicker or its products or services; (e) must not use any Kicker trademarks without the prior written permission from Kicker; and (f) must not contain content that could be construed as distasteful, offensive or controversial. By linking to any of the Kicker Site, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms of Service, we reserve the right to deny permission to link to the Kicker Site for any reason in our sole and absolute discretion.

R. Severability

The provisions of these Terms of Service are intended to be severable. If for any reason any provision of these Terms of Service shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. The failure of Kicker to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.

S. Digital Millennium Copyright Act

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Kicker, including User Created Content, infringe your copyright, you (or your agent) may send Kicker a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Kicker to locate the material on the Kicker Site; (d) the name, address, telephone number and e-mail address (if available) of the complaining party; (e) 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 (f) 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. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Kicker a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Kicker suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

T. Additional Terms of Service

In addition to the policies and guidelines located throughout the Kicker Site, the following Privacy Policy is incorporated into the Terms of Use:

Privacy Policy:

U. Acknowledgment

The Terms of Service, including all documents referenced herein, represents the entire understanding between User and Kicker regarding User's relationship with Kicker and supersedes any prior statements or representations. Headings used in the Terms of Service are for reference only and shall not affect the meaning of any terms. "Including" means "including, without limitation."

V. Modification

Kicker reserves the right to make changes to the Kicker Site, posted policies and Terms of Service at any time without notice or liability. These terms were last revised on January 28, 2014.

If you have any questions about this statement, the practices of this site, or your dealings with this website, you may contact Kicker at:

News 101, LLC/Kicker
P.O. Box 21515
Brooklyn, NY 11202