Welcome to the FanKick application. By using this mobile application (“Application”), you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy govern the relationship between you and FanKick, provider of the Application. The terms “Provider” or “us” or “we” refer to the owner of the Application, FanKick, whose offices are located in FanKick #270 3636 S.Geyer Rd St. Louis MISSOURI 63127 US. The term “you” refers to the user or viewer of our Application.

By completing the registration process, you (the “User”) agree to all of these terms and conditions. If you do not agree to these terms and conditions, you must immediately cease all usage of this Application. Rank World reserves the right, at any time, to modify, alter, or update the terms and conditions without prior notice. Modifications will become effective immediately upon being posted in Fankick’s Application. User’s continued use of the Application after amendments are posted constitutes an express acknowledgement and acceptance of the terms and conditions and its modifications.

Description of Service

FanKick provides User an application to express their opinions on various happenings and topics across the world. User must provide its own Internet connection, any equipment necessary to facilitate the connection and pay any fees related with such connection. Use of this Application may incur data charges with your mobile provider, FanKick is not responsible for these or any charges you may incur in us of the Application.

Limitation of Liability

FanKick WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR FanKick WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS APPLICATION OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. FanKick MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY WITH RESPECT TO THE APPLICATION OR THE INFORMATION, PRODUCTS, SERVICES, OR RELATED GRAPHICS CONTAINED IN THE APPLICATION FOR ANY PURPOSE. ANY RELIANCE USER PLACES ON SUCH INFORMATION IS THEREFORE STRICTLY AT USER’S OWN RISK. IN NO EVENT WILL FanKick BE LIABLE FOR ANY LOSS OR DAMAGE INCLUDING WITHOUT LIMITATION, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM LOSS OF DATA OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS APPLICATION. USER ACKNOWLEDGES THAT FanKick MAY CONTAIN LINKS TO OTHER APPLICATIONS OR WEBSITES WHICH ARE NOT UNDER THE CONTROL OF FanKick AND RANK WORLD HAS NO CONTROL OVER THE NATURE AND CONTENT OF THOSE APPLICATIONS OR SITES. THE INCLUSION OF ANY LINKS DOES NOT IMPLY A RECOMMENDATION OR ENDORSEMENT OF ANY VIEWS EXPRESSED WITHIN THEM. FanKick IS AN APPLICATION THAT ALLOWS USERS TO EXPRESS VIEWS AND OPINIONS ON EVENTS AND TOPICS AROUND THE WORLD. ANY OPINIONS, VIEWS OR RANKINGS IN FanKick BELONG SOLELY TO THE USER AND DOES NOT IMPLY AN ENDORSEMENT OF ANY VIEWS EXPRESSED WITHIN FanKick.

Disclaimer

The user participation videos which are placed on FanKick application are exclusively FanKick property. We can use the same for commercial prospects & also feature them on our website, YouTube channel and across our social media channels. The usage of these images and videos are strictly on our own discretion.

Indemnification

User agrees to indemnify and hold FanKick, its subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the Application, the violation of these terms and conditions, or infringement by User, or other user of the Application using User’s mobile phone, computer, of any intellectual property or any other right of any person or entity.

Modifications and Interruption to Service

FanKick reserves the right to modify or discontinue the Application with or without notice to the User. FanKick will not be liable to User or any third party should FanKick choose to exercise its right to modify or discontinue the Application. User acknowledges and accepts that FanKick does not guarantee continuous, uninterrupted or secure access to its Application and operation of its Application may be interfered with or adversely affected by numerous factors or circumstances outside of its control. User acknowledges and accepts that FanKick does interrupt access briefly on a regular basis to perform maintenance operations.

Third-Party Sites

FanKick may include links to other applications or sites that are owned and operated by third parties. User acknowledges that FanKick is not responsible for the availability of, or the content located on or through, any third-party application. User should contact the third party application owner or site administrator if User has any concerns regarding such links or the content located in such application. User’s use of those third-party applications or sites is subject to the terms of use and privacy policies of each application or site, and FanKick is not responsible therein. FanKick encourages all Users to review said privacy policies of third-parties’ applications or sites.

Governing Law

FanKick is owned and operated in the State of Missouri, in the United States of America. As such, FanKick is subject to the laws of the State of Missouri and the United States of America and such laws will govern these terms and conditions without giving effect to any choice of law rules. FanKick makes no representation that its application or other services are appropriate, legal or available for use in other locations. Accordingly, if User uses FanKick, these terms and conditions and any disputes will be governed in all respects by and construed in accordance with the laws of the State of Missouri.

Compliance with Laws

User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Application in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

Content Upload Restrictions

FanKick is not required to, but may at its discretion, monitor any content uploaded to the Application and expressly disclaims any and all liability in connection with uploaded content. Further, Rank World, may remove ANY content deemed in its sole discretion to be unsuitable to the purpose of the Application. You agree, through your use of FanKick and related services offered by FanKick, that you will not post any material which is false, libelous, defamatory, inaccurate, abusive, vulgar, hate-inciting, harassing, obscene, profane, pornographic, sexually oriented, threatening, invasive of a person’s privacy, or otherwise illegal under any ordinance, regulation or statute. Legal action can be taken against you. You also agree not to post or upload any copyrighted material unless the copyright is owned by you.

User may not upload content for commercial purposes, including but not limited to content for the primary purpose of commercial advertising and content for the commercial promotion of a third-party application or website.

User is solely responsible for all content and material uploaded to the Application. By uploading content and material to FanKick, User affirms, represents, and warrants that User has all rights, consents, and licenses necessary to upload such submissions.

User will not upload any content or material that violates or infringes on any copyright or trademark. User will not transmit any data containing code or programming for any virus, worm, ‘Trojan horse’ or any other data which can cause disruption or malfunction to the Application.

Ownership

User represents that User is at least 14 years of age. User grants to FanKick, a perpetual, worldwide, nonexclusive, irrevocable, royalty-free, fully sub-licensable, and transferable, right and license to the unlimited use of its uploaded content throughout the universe in and in connection with or relation to the development, marketing, advertisement, order fulfillment, licensing, sale, distribution, and promotion of any products, merchandise, services, or brands of FanKick. User agrees to waive all moral rights to content uploaded to the Application. User agrees that FanKick shall have the right to transform, edit, alter, distort, modify, add to, subtract from, enhance, broadcast, telecast, duplicate, distribute, or otherwise exhibit the content worldwide in all forms of media and forms of exploitation, now known or hereafter created including, but not limited to, applications, websites, film, television, radio, and print. User agrees it will have no right to approve any use of the content. User agrees that no third party has or shall have any right of approval over the use of the content or will be due any amounts from the use of the content. If a minor appears in User’s content, User represents that it is the parent or legal guardian of the minor and has legal authority or has been granted permission in perpetuity by the parent or legal guardian of the minor to grant the license on behalf of the minor. If User is a minor under the age of 18 and uploads content, User represents that is has been granted permission by its parent or legal guardian to upload such content. FanKick is committed to protecting the privacy of children. Although minors ages 14 and over are permitted to upload inspirational content, such content will not be used for marketing purposes. User agrees that this grant of right and license is binding on its heirs, executors, legal representatives, administrators and assigns.

User releases FanKick from any and all claims and demands that the User may have now or at any time arising from the use of the content, including but not limited to, claims for personal injury, invasion of privacy, defamation, libel, right of publicity, infliction of emotional distress, or additional payment.

Except as discussed elsewhere in these terms and conditions, all right, title and interest in and to all, trademarks, logos, trade secrets, proprietary information and other intellectual property that now exists or is created or acquired in the future that are used or developed in connection with any application or services offered by FanKick are the sole property of FanKick. User acknowledges those rights and claims no ownership or title in such property.

Copyright and Trademark Information

All content included or available on this Application, excepting content uploaded by User as discussed in section 10, including application design, text, graphics, videos, interfaces, and the selection and arrangements thereof is ©2015 FanKick, with all rights reserved. FanKick TM is a trademark of FanKick, with all rights reserved. Any use of materials on the Application, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of FanKick is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy Fankick’s Application or the content contained therein without prior written permission of an authorized officer of FanKick.

Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, FanKick designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail: info@FanKick.io

By Email: admin@FanKick.io

Acceptable Use and Content

User warrants that no content posted by User violates any copyright, trademark or intellectual property laws or protections.

User accepts full responsibility for content uploaded in connection with User’s accounts with FanKick. User agrees that FanKick has no liability to User or visitors to User’s content for any preventative or corrective action that may be taken by FanKick to remove any content deemed inappropriate under these terms and conditions.

Truthfulness in Disclosures

User must provide only truthful information in registration and account creation. Violation of either policy is grounds for immediate termination of User’s account. User agrees to keep all contact information complete and up to date. User is solely responsible for the any content uploaded through User’s account. FanKick must be notified immediately of any breach of password security or unauthorized use of User’s account.

Assignment of Rights and Commercial Use

User may not assign any rights under these terms and conditions. User may only use FanKick and related services for the purpose of ranking and expressing views on topics and events around the world unless otherwise provided for under these terms and conditions.

Payment

All services and products purchased through FanKick will be paid according to the payment terms set forth in the FanKick application through a manner of payment deemed acceptable by FanKick.

Refunds

Refunds will be handled in accordance with the refund policy set forth in the Application.

Termination of Account

FanKick reserves the right to terminate User’s account for any reason without notice. User must immediately cease using all services provided under account upon termination. FanKick has the sole right to determine if a User has breached these terms and conditions. Further, FanKick may use any means necessary, including legal action, to terminate User’s access to FanKick and any related services.

Other Terms

If any provision of these terms and conditions will be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) will not be affected thereby and will remain valid and enforceable to the maximum possible extent. User agrees that these terms and conditions and any other agreements referenced herein may be assigned by FanKick, in its sole discretion, to a third party in the event of a merger or acquisition. These terms and conditions will apply in addition to, and will not be superseded by, any other written agreement between the parties in relation to participation as a User. User agrees that by accepting this, User is consenting to the use and disclosure of personally identifiable information and other practices described in the Privacy Policy Statement.

ENTIRE AGREEMENT

User agrees that terms and conditions and policies found elsewhere in the Application represent the entire agreement between User and FanKick.