Terms Of Service

Usage of account is expressly limited to you, you agree that your account shall not be transferred or shared with any third party.  In addition, you agree to:

• provide accurate, current and complete registration information about yourself;
  
• maintain and update your registration information to keep it accurate, current and complete;
  
• bear sole responsibility for all use of your account;
  
• maintain the confidentiality of your password;
  
• notify NowKicking immediately of any unauthorized access to your account.

Please also refrain from using usernames that are obscene, vulgar or abusive.

At NowKicking, we are committed to protecting the privacy of the users. Please refer to our Privacy Policy for more information. 

By participating in any service of our site, you agree NOT to use the service to:

• post or transmit any material that contains viruses, worms, corrupted files or any other programs that may do harm to our service or its members;
  
• solicit any NowKicking member's password, username or email address; 
  
• hack or gain unauthorized access to NowKicking or its members' accounts; 
  
• stalk or harass others;
  
• engage in any activities related to chain letters, junk mails, pyramid schemes or spamming;
  
• engage in commercial activities such as solicit for advertisers, sponsors or sale of products or services (except in those areas expressly permitted by NowKicking);
  
• post or link to content that is unlawful, abusive, harassing, harmful, defamatory, libelous, threatening, obscene, vulgar, invades other's privacy, violates or infringes any intellectual property rights or laws;
  
• impersonate or represent NowKicking, its officers, or any person or entity or attempt to mislead others as to the identity of the sender or the origin of a message.

NowKicking does not review, screen or edit content or messages posted by its members. However, NowKicking reserves the right to monitor or remove, without prior notice, any information or content posted by or received from its members.

By participating in submission of information, content or materials, you agree to grant to NowKicking a worldwide, perpetual, non-exclusive permission to use or redistribute the information or materials without charge or liability. You also warrant that you have the right to submit such information, content or materials.
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You acknowledge and agree that content, including but not limited to text, software, music, sound, photographs, graphics, video, page layout and design or other material contained in the service or information presented through the service by NowKicking or NowKicking's advertisers or partners is protected by their copyrights, trademarks, service marks, patents, or other proprietary rights and laws.

Content received through the service may be displayed, reformatted, and printed by you only for your personal, non-commercial use provided the content and / or graphics are not modified in any way and all copyright and other proprietary notices are retained. 

NowKicking site may contain links to other internet sites and resources. We are not responsible for the availability of these resources, or their contents, nor do we endorse or are we responsible for any of the contents, advertising, products or other materials on such sites. We only provide these links as a convenience to you.

You agree to indemnify and hold NowKicking, its officers or employees harmless from any loss, liability, claim, demand, damage, or expenses, including reasonable attorney's fees, asserted by any third party due to or arising out of your use of or conduct on the service, or messages posted or transmitted by you on or through the service. 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

THE USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT  WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THE CONTENT OR INFORMATION IN ANY AREAS OF OUR SITE SHOULD NOT BE CONSIDERED AS PERSONAL OR PROFESSIONAL ADVICE OR RECOMMENDATIONS TO ANY USER. NowKicking IS NOT RESPONSIBLE IN ANY WAY REGARDING PICKS AND PREDICTIONS POSTED ON OUR SITE.  PLEASE USE YOUR DISCRETION WHEN VIEWING OUR PICKS AND PREDICTIONS.

NowKicking DOES NOT PROVIDE GAMING OR GAMBLING CAPABILITIES ON OUR SITE.  IT IS A SPORTS INFORMATION SITE, WHILE ODDS AND BETTING LINES ARE PART OF THAT INFORMATION.

NowKicking DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING IT SPONSORS OR ADVERTISERS, ON THE SERVICE.

• THE CONTENT, TOPIC, OPINIONS AND VIEWS EXPRESSED BY MEMBERS, IN ANY AREAS OF OUR SITE. THE OPINIONS AND VIEWS EXPRESSED DO NOT REFLECT THOSE OF NowKicking;
  
• THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF THE INFORMATION DISTRIBUTED BY OTHERS THROUGH THE SERVICE;
  
• ANY DECISIONS THAT YOU MADE BASED ON SUCH INFORMATION;
  
• THE DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE.

• THE SERVICE PROVIDED WILL MEET YOUR REQUIREMENTS, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR YOUR USE OF THE SERVICE OR THE RESULTS OBTAINED WILL BE ACCURATE OR RELIABLE;
  
• THE DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NowKicking OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
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YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

UNDER NO CIRCUMSTANCES SHALL NowKicking BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION,

• DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR ANY OTHER  LOSSES, EVEN IF NowKicking HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE;
  
• THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
  
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
  
• CONDUCT OF ANY THIRD PARTY ON THE SERVICE. SUCH AS ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF OTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS, OCCURRING ON OR THROUGH OR RELATED TO THE SERVICE.

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NowKicking reserves the right to change the Terms of Service at any time without notice. NowKicking also reserves the right to, temporarily or permanently, modify or discontinue the service without notice to you. You agree that NowKicking shall not be liable to you or any third party for any modification to or discontinuance of the service.
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