BY ACCESSING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEBSITE, OR OTHER KIKISPOT SOFTWARE, SERVICES, WEBSITES OR ANY OF KIKISPOT LICENSEES’ SERVICES (COLLECTIVELY “SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE.
No implication is made that the materials published on KIKISPOT’s website(s) are appropriate for use outside of the United States. If you access this website from outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws. Additionally, this website is published in english and we are not responsible for errors in translation.
To access this site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If KIKISPOT believes the information you provide is not correct, current, or complete, KIKISPOT has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time.
site. You agree to cooperate with KIKISPOT to prevent or remedy any unauthorized use. In addition, you may not use KIKISPOT’s website(s) in any manner which could disable, overburden, damage, or impair the website(s) or interfere with any other party’s use and enjoyment of the website(s). You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website(s).
KIKISPOT’s website(s) are for your personal and non-commercial use, unless otherwise specified. You may not use this site for any other purpose, including any commercial purpose, without KIKISPOT’s express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to KIKISPOT’s website(s), unless expressly permitted by these terms.
The material and content accessible from this site, and any other website owned, operated, licensed, or otherwise controlled by KIKISPOT (the “Content”) is the proprietary information of KIKISPOT or the party that provided or licensed the Content to KIKISPOT whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of KIKISPOT, except that you may print out a copy of the Content solely for your personal use, and you may re-post a single image and up to one hundred (500) words of text from any article if such posting provides a right of attribution to Social Media
From time to time, the website will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of KIKISPOT’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to the website.
endorsement by KIKISPOT of that site or any association with its operators.
When using the Communication Services, you agree that you will not post, send, submit, publish, or transmit in connection with this site any material that:
material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity); 2. Advocates illegal activity or discusses an intent to commit an
illegal act; 3. Is vulgar, obscene, hate speech, pornographic, or indecent; 4. Does not pertain directly to this site; 5. Threatens or abuses others, libels, defames, invades privacy,
stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
inappropriate content, asking for personally identifiable details or otherwise; 7. Harvests or otherwise collects information about others,
including e-mail addresses, without their consent; 8. Violates any law or may be considered to violate any law; 9. Impersonates or misrepresents your connection to any other
entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; 10. Falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded; 11. Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site; 12. Solicits funds, advertisers or sponsors; 13. Includes programs that contain viruses, worms and/or
Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications; 14. Disrupts the normal flow of dialogue, causes a screen to
scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site; 15. Includes MP3 format files;
contests, chain letters, and surveys; 17. Disobeys any policy or regulations including any code of
conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site; or 18. Contains hyper-links to other sites that contain content that
falls within the descriptions set forth above.
Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither KIKISPOT nor any third party that provides Content to KIKISPOT will assume or have any liability for any action or inaction by KIKISPOT or such third party with respect to any submission. KIKISPOT cautions you against giving out any personally identifying information about yourself in any Communication Service. KIKISPOT does not control or
endorse the content, messages or information found in any Communication Service and, consequently, KIKISPOT specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized KIKISPOT spokespersons, and their views do not necessarily reflect those of KIKISPOT.
Unless you and KIKISPOT enter into a separate written contract for use of your Content that states otherwise, you hereby grant to KIKISPOT the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to KIKISPOT through this site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. KIKISPOT will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future KIKISPOT operations.
KIKISPOT has made every effort to ensure that all information on the website has been tested for accuracy. KIKISPOT make no guarantees regarding the results that you will see from using the information provided on the website.
The website was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the website. KIKISPOT makes no representations, warranties, or guarantees. You understand that results may vary from person to person. KIKISPOT assumes no responsibility for errors or omissions that may appear on the website.
You understand that KIKISPOT cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. The website is provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. KIKISPOT does not assume any responsibility or risk for your use of the Internet.
The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by KIKISPOT.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESSED OR IMPLIED. KIKISPOT DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. KIKISPOT DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KIKISPOT DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND KIKISPOT MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT KIKISPOT, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. KIKISPOT MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and KIKISPOT does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer accurate or complete.
KIKISPOT, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF KIKISPOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
KIKISPOT reserves the right, in its sole discretion, to terminate your access to any or all of KIKISPOT’s websites and the related services or any portion thereof at any time, without notice.
Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.
The trademarks, trade names, service marks, and logos (“Trademarks”) appearing on this Website, including without limitation KIKISPOT and/or its distinctive logo. All other content on this Website (“Copyrights”), including all page headers, custom graphics, button icons, and scripts are copyrighted works of KIKISPOT, and may not be copied, imitated or used, in whole or in part, without the prior written permission of KIKISPOT. From time to time, the website will legally utilize intellectual property owned by third parties related to our services. The rights in any third party trademarks or copyrighted works on this Website are retained by their respective owners. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks or Copyrights to you. Further, nothing in this Agreement shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or Copyright without the express written permission of KIKISPOT. The misuse of the Trademark or Copyrighted works displayed in this site, or any other content on the site, is strictly prohibited and may expose you to liability.
All contents of KIKISPOT’s websites are: Copyright © Hillcrest Social - KIKISPOT. All rights reserved.
Notice and Takedown Procedure
KIKISPOT expeditiously responds to valid notices of copyright infringement that adhere to the requirements set forth in the Digital Millennium Copyright Act (DMCA). If you believe that your work has been copied in a way that constitutes copyright infringement, you may provide KIKISPOT’s Designated Agent (listed below) with a notice that contains all six points enumerated below (preferably via email).
Upon receipt of a valid notice, KIKISPOT will remove or disable access to the allegedly infringing content as well as make a good-faith attempt to contact the owner or administrator of the affected content so they may counter-notice pursuant to Sections 512(g)(2) and (3) of the DMCA.
to act on behalf of the owner of the copyright interest; 2. A description of the copyrighted work that you claim has been
infringed upon; 3. A description of where the material that you claim is infringing
is located on the site, including the URL, if applicable; 4. Your address, telephone number, and e-mail address; 5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and, 6. A statement by you, made under penalty of perjury, that the
above information in your notice is accurate and that you are
the copyright owner or authorized to act on the copyright owner’s behalf.
Be aware that a notice must contain all six points for KIKISPOT to take action. All other notices will be ignored.
KIKISPOT’s Designated Agent can be can be contacted at:
Social Media Examiner
Escondido, CA 92026
The provider of the allegedly infringing content may make a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter-notification with KIKISPOT please provide KIKISPOT’s Designated Agent (listed above) with the following information (preferably via email):
which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; 2. Your name, address, and telephone number;
Federal District Court for the [insert the federal judicial district in which your address is located]”; 4. The following statement: “I will accept service of process from
[insert the name of the person who submitted the infringement notification] or his/her agent”; 5. The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and 6. Your signature, in physical or electronic form.
Upon receipt of a counter-notification containing all six points, KIKISPOT will promptly provide the person who provided the original takedown notification with a copy of the counter-notification, and inform that person that KIKISPOT will replace the removed material or cease disabling access to it in 10 business days.
Finally, if KIKISPOT’s Designated Agent receives notification from the person who submitted the original takedown notification within 14 days of receipt of the counter-notification that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on its system, then KIKISPOT will once again remove the file from its system.
In accordance with Section 512(i)(1)(a) of the DMCA, KIKISPOT will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.
Accommodation of Standard Technical Measures.
It is KIKISPOT’s policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works that KIKISPOT determines are reasonable under the circumstances.
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). KIKISPOT will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that KIKISPOT considers insecure, KIKISPOT will be entitled to require the password to be changed and/or terminate your account.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and KIKISPOT as a result of this agreement or use of KIKISPOT’s websites.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.