Reference
Terms of Service
Please read our Terms of Service — it’s really not that long.
Effective Date: January 21, 2016
This policy was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
The terms of this agreement (the “Terms”) govern the legal relationship between you and Sickk Software LLC (“Sickk”, "Sickk Software", “us”, “we”, or “our”) and its affiliates regarding your use of our games, applications, websites, software, digital products, content, and related services (the “Service”) we provide and offer. In order to access portions of the Service, you may be required to register an account for the Service (“Account”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, customers, and others who access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms and confirm that you are at least 13 years of age or older. If you disagree with any part of these Terms, then you do not have permission to access or use the Service.
If you are between the ages of 13 and 17 years old, you agree that your parent or legal guardian has reviewed and accepted these Terms on your behalf.
Any access to the Service via third-party sites or platforms such as Facebook, Twitter/X, Google, Discord, Twitch, or similar services may additionally require compliance with the terms of those platforms.
IMPORTANT NOTICE
BY INSTALLING, USING, ACCESSING, OR OTHERWISE INTERACTING WITH THE SERVICE, YOU AGREE TO THESE TERMS.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT INSTALL, USE, OR ACCESS THE SERVICE.
USE OF THE SERVICE IS VOID WHERE PROHIBITED.
We reserve the right, at our sole discretion, to modify, add, remove, or replace these Terms and our Privacy Policy at any time. If a revision is material, Sickk shall provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change shall be determined solely by Sickk.
By continuing to use the Service after revised Terms become effective, you agree to be bound by the updated Terms. If at any point you disagree with the then-current Terms or Privacy Policy, your license to use the Service shall immediately terminate and you must discontinue use of the Service.
1. Intellectual Property Ownership
1.1 Content Protection
The Service and its original content, features, functionality, software, systems, visual assets, branding, and materials are and shall remain the exclusive property of Sickk and its licensors.
The Service is protected by copyright, trademark, trade dress, and other intellectual property laws of the United States and foreign countries.
Our trademarks, branding, and trade dress may not be used in connection with any product or service without the prior written consent of Sickk.
1.2 Products and Services
All rights, title, and interest in and to the Service and Sickk, including but not limited to all related software, systems, products, content, designs, media, interfaces, code, graphics, concepts, assets, and materials, are owned by Sickk or its licensors.
We reserve all rights, including all intellectual property rights and proprietary rights, in connection with the Service and all related products.
1.3 Third-Party Sites
The Service may contain links to third-party websites or services that are not owned or controlled by Sickk.
Sickk has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services.
You acknowledge and agree that Sickk shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with the use of or reliance on any content, goods, or services available through third-party websites or services.
We strongly advise you to review the terms and privacy policies of any third-party websites or services you visit.
1.4 Brand Assets, Logos & Visual Identity
All Sickk logos, trademarks, service marks, icons, graphics, branding elements, visual assets, designs, interfaces, product designs, media, creative works, themes, layouts, and related intellectual property (“Brand Assets”) are the exclusive property of Sickk and are protected by applicable copyright, trademark, trade dress, and intellectual property laws.
You may not copy, reproduce, modify, distribute, display, imitate, republish, reference, scrape, clone, or use any Sickk Brand Assets in any manner without prior written permission from Sickk.
Unauthorized use of any Sickk Brand Assets, including but not limited to logos, icons, branding systems, UI elements, graphics, visual designs, media assets, or proprietary creative materials, is strictly prohibited and may result in legal action, including claims for trademark infringement, copyright infringement, unfair competition, and other violations under applicable law.
2. Accounts & Communication
2.1 Account Information & Creation
Account creation may require you to select login credentials, including a password (“Account Login Information” or “ALI”).
You agree not to share or distribute your ALI, permit any other party to use your Account without your consent, or allow anyone else to modify or compromise your Account security.
In the event that you become aware or reasonably suspect that your Account or ALI has been compromised in any way, including but not limited to loss, theft, or unauthorized disclosure, you must immediately notify Sickk and take steps to re-establish account security.
You are solely responsible for maintaining the confidentiality of your Account and ALI and for all activity associated with your Account, including any purchases or transactions made through the Service.
2.1.1 Account License
Subject to your compliance with these Terms and any other applicable Sickk policies, Sickk grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Service solely for lawful and authorized purposes.
You agree that:
You will not access or use the Service if you are under the age of 13.
You will supervise and restrict minors’ use of the Service where applicable.
You will not use the Service for unlawful or unauthorized commercial purposes.
You will not sell, transfer, rent, or distribute Accounts for monetary gain.
3. Limitation of Liability & Licensing
3.1 Liability
To the maximum extent permitted by law, Sickk and its affiliates, officers, employees, contractors, licensors, suppliers, partners, agents, and representatives shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages.
This includes but is not limited to damages related to:
Loss of profits
Loss of data
Loss of goodwill
Business interruption
Unauthorized access or alterations
Service downtime or interruptions
Third-party conduct or content
Your use of the Service is entirely at your own risk.
3.2 License Restrictions
Any use of the Service in violation of these Terms is strictly prohibited.
You agree not to:
Attempt to reverse engineer, decompile, disassemble, or obtain source code
Hack, exploit, automate, manipulate, or interfere with the Service
Use unauthorized software, bots, cheats, scripts, or exploits
Damage, overload, or disrupt servers or systems
Harass, threaten, abuse, or harm other users or representatives of Sickk
Copy, scrape, clone, reproduce, or imitate Sickk products, systems, interfaces, branding, or proprietary materials
Post or distribute unlawful, infringing, or offensive content
Sickk reserves the right to determine what conduct violates these Terms and to take appropriate action.
4. Fees & Payments
4.1 Payments
The Service may allow you to purchase virtual items, software, subscriptions, merchandise, or other goods and services.
All purchases are final and non-refundable unless otherwise required by law.
Sickk reserves the right to modify, remove, or discontinue any products or services at any time.
Unauthorized distribution or resale of any digital or physical goods associated with Sickk is prohibited.
4.2 Payment of Fees
You agree to pay all applicable fees, taxes, and charges incurred by your use of the Service.
Sickk reserves the right to revise pricing at any time.
YOU ACKNOWLEDGE THAT SICKK IS NOT REQUIRED TO PROVIDE REFUNDS EXCEPT WHERE REQUIRED BY LAW.
5. Service Updates & Revisions
Sickk may update, revise, modify, or discontinue the Service at any time, with or without notice.
You may be required to install updates to continue using portions of the Service.
6. Disclaimer
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND.
To the fullest extent permitted by law, Sickk disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted availability.
Sickk does not guarantee that:
The Service will always be available or uninterrupted
Errors or defects will be corrected
The Service is free from viruses or harmful components
The Service will meet your expectations or requirements
7. Indemnification
You agree to defend, indemnify, and hold harmless Sickk and its affiliates, licensors, employees, contractors, officers, directors, agents, and representatives from and against any claims, damages, liabilities, losses, costs, or expenses arising out of:
Your use of the Service
Your violation of these Terms
Your violation of applicable laws or third-party rights
8. Severability & Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, United States, without regard to conflict of law principles.
Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in New Jersey.
If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
9. General Provisions
9.1 Assignment
Sickk may assign or delegate these Terms at any time without notice.
You may not assign or transfer your rights or obligations under these Terms without prior written consent from Sickk.
9.2 Supplemental Policies
Sickk may publish additional policies relating to specific products, services, contests, communities, or programs.
Such policies are incorporated into these Terms by reference.
9.3 Entire Agreement
These Terms, together with any incorporated policies including the Privacy Policy, constitute the entire agreement between you and Sickk regarding the Service.
9.4 No Waiver
Failure by Sickk to enforce any provision of these Terms shall not constitute a waiver of that provision or any other rights.
9.5 Notices
We may provide notices through the Service, by email, or by other contact information you provide.
Legal notices to Sickk must be sent in writing to:
Sickk LLC
Attn: Legal
19 Dorset Rd
Long Valley, NJ 07853
United States
9.6 Equitable Remedies
You acknowledge that unauthorized use of the Service or infringement of Sickk intellectual property may cause irreparable harm to Sickk for which monetary damages alone may be insufficient.
Accordingly, Sickk shall be entitled to seek injunctive or equitable relief without the requirement of posting bond.
9.7 Force Majeure
Sickk shall not be liable for delays or failures resulting from causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, labor shortages, power failures, internet outages, natural disasters, or governmental actions.