Terms of Use

Please read these Terms of Use carefully before using the NetworkKing.com website and the NetworkKing app. By accessing the site or using the app, you are agreeing to comply with these Terms of Use.

Terms of Use

BY AND BETWEEN NETWORKKING LLC (“US” and “WE”)
AND
THE USER (“YOU”)
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING NETWORKKING.COM AND THE NETWORKKING MOBILE APP.

1. Acceptance

By accessing and/or using NetworkKing.com and the NetworkKing mobile app, you are agreeing to comply with these terms of use, which may change from time to time as set forth below.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT USE NETWORKKING.COM OR THE NETWORKKING MOBILE APP.

You agree that these Terms of Use are supported by good and valuable consideration the receipt and sufficiency of which you hereby acknowledge. Such consideration includes, your use of NetworkKing.com, the NetworkKing mobile app and the materials and information available thereon.

In addition to these Terms of Use, NetworkKing has established a Privacy Policy to explain how user information is collected and used by NetworkKing. A copy of this Privacy Policy can be found here: and is incorporated by reference into these Terms of Use. By accessing or using any of our website or mobile app, you are signifying your acknowledgement and agreement to NetworkKing’s privacy policy.

2. Termination

We reserve the right in our sole discretion and at any time to terminate or suspend your membership and/or block your access to our website or mobile app for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms of Use. You agree that NetworkKing shall not be liable to you or any third party for any termination or suspension of your membership or for blocking your access to our website or mobile app.

You may deactivate your account at any time from the profile edit form within the application.

Any suspension or termination shall not affect your obligations to us under these Terms of Use, including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, no class action, no trial by jury and all of the miscellaneous provisions in Section 17.

3. Intellectual Property

NetworkKing.com, the NetworkKing mobile app, and included content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the "Content") and all intellectual property rights to the same are owned by us. Additionally, all trademarks, service marks, trade names and trade dress that may appear on our website or mobile app are owned by us. You shall not acquire any right, title or interest in our websites, mobile app, or the content thereof. Any rights not expressly granted in these Terms of Use are expressly reserved.

4. Access and Use

  1. You agree to comply with all applicable federal, state, and local laws including, but not limited to, intellectual property and copyright, laws. You may not use, reproduce, distribute, create derivative works, publicly display, publicly perform, publish, transmit, or otherwise exploit the Content for any purpose whatsoever without obtaining prior written consent from NetworkKing or, in the case of third-party content, its respective owner. You acknowledge that you do not acquire any ownership rights by downloading or printing website Content.
  2. Prohibitions. You may not:
    1. remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on NetworkKing.com or the mobile app;
    2. circumvent, disable or otherwise interfere with security-related features of our website or mobile app;
    3. use an automatic device (such as a robot or spider) or manual process to copy or "scrape" our websites or mobile app for any purpose;
    4. collect or harvest any personally identifiable information from our website or mobile app including, without limitation, user names, passwords, email addresses;
    5. use the website or mobile app to solicit other users;
    6. attempt to or interfere with the proper working of our website or mobile app or impair, overburden, or disable the same;
    7. decompile, reverse engineer, or disassemble any portion of any our website or mobile app;
    8. use network-monitoring software to determine architecture of or extract usage data from our website or mobile app;
    9. encourage conduct that violates any local, state or federal law, either civil or criminal;
    10. engage in any conduct that restricts or inhibits any other user from using or enjoying our Websites.
  3. You agree to cooperate fully with NetworkKing to investigate any suspected or actual activity that is in breach of these Terms of Use.

5. User Registration

  1. In order to access or use some features of NetworkKing.com and the mobile app, you will have to become a registered user. If you are under the age of eighteen, then you are not permitted to register as a user or otherwise submit personal information to NetworkKing.
  2. If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password (a "membership"), which may permit you access to certain areas of our website and mobile app not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your membership. You are solely responsible for the activity that occurs under your membership, whether or not you have authorized the activity. You agree to notify us immediately of any breach of security or unauthorized use of your membership.

6. User Content

  1. We may now or in the future permit users to post, upload, transmit through, or otherwise make available on our website or mobile app (collectively, "submit") messages, templates, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials ("User Content"). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on our website or mobile app. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
  2. You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
  3. You represent, warrant, and covenant that you will not submit any User Content that:
    1. violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;
    2. impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable;
    3. encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
    4. is an advertisement for goods or services or a solicitation of funds;
    5. includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;
    6. contains a formula, instruction, or advice that could cause harm or injury; or
    7. is a chain letter of any kind.
    8. Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying our website or mobile app will not be permitted.
  4. By submitting User Content to us, simultaneously with such posting you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sub-licensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (1) in connection with our business; and (2) in connection with the businesses of our successors, parents, subsidiaries, and their related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of any of our website, mobile app and these Terms of Use.
  5. By submitting User Content, you also grant us the right to use your biographical information including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called "moral rights" or rights of "droit moral" with respect to the User Content.
  6. We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).
  7. We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.

7. Website Content & Third Party Links

  1. We provide our website, mobile app, and website content, for the commercial, entertainment and promotional purposes of NetworkKing. You may not rely on any information and opinions expressed on our website or mobile app for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any content.
  2. In many instances, content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on our website or mobile app by anyone other than authorized employees or spokespersons while acting in their official capacities.
  3. If there is a dispute between persons accessing our website or mobile app or between persons accessing our websites and any third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you hereby release NetworkKing and its officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries, and their related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
  4. Our website and mobile app may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.

8. Indemnification

You agree to indemnify and hold harmless NetworkKing and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys' fees and costs) arising out of, related to, or that may arise in connection with: (i) your access to or use of our website or mobile app; (ii) User Content provided by you or through use of your membership; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.

9. Disclaimers

YOU EXPRESSLY AGREE THAT USE OF OUR WEBSITE AND MOBILE APP IS AT YOUR SOLE RISK. OUR WEBSITE, MOBILE APP AND WEBSITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, NETWORKKING AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE AND/OR MOBILE APP WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR MOBILE APP; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OR ACCESSED THROUGH OUR WEBSITE OR MOBILE APP; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR MOBILE APP; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE AND/OR MOBILE APP WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.

10. Limitation on Liability

  1. UNDER NO CIRCUMSTANCES SHALL NETWORKKING OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, OR THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH OUR WEBSITE, MOBILE APP OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR WEBSITE OR MOBILE APP INCLUDING, WITHOUT LIMITATION, THE CONTENT IS TO STOP USING OUR WEBSITE OR MOBILE APP. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OUR WEBSITE OR MOBILE APP OR ANY LINKS THEREON, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE , MOBILE APP OR ANY LINKS THEREON. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON OUR WEBSITE OR MOBILE APP.
  2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF NETWORKKING AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY NETWORKKING DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH OUR WEBSITE, MOBILE APP OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
  3. In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.

11. Copyright Policy

  1. NetworkKing respects the intellectual property rights of others and expects its users to do the same. In appropriate circumstances and at its sole discretion, NetworkKing may terminate and/or disable the membership of users who it suspects to be infringers of the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in its sole discretion, NetworkKing may remove or disable access to material on any of its websites or hosted on its systems that may be infringing or the subject of infringing activity.
  2. In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 ("DMCA"), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its "Designated Agent"). NetworkKing’s Designated Agent is: Rob Vettorel
  3. If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work's copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
    3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
    4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
    5. A statement that you have 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.
    6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

12. Choice of Law

These Terms of Use shall be construed in accordance with the laws of the Commonwealth of Pennsylvania without regard to its conflict of laws rules. Any action arising out of your use of the website, mobile app, or these Terms and Conditions shall be brought in Washington County Pennsylvania or the United States District Court for the Western District of Pennsylvania.

13. Dispute Resolution

By accepting the Terms of Use and/or by using the website or mobile app, you agree to settle all disputes only by arbitration. In arbitration, there's no judge or jury and review is limited. However, just as a court would, the arbitrator must honor the terms and limitations in the Terms of Use and can award the same damages and relief, including any attorney's fees authorized by law. The arbitrator's decision and award is final and binding, with some exceptions under the Federal Arbitration Act ("FAA"), and judgment on the award may be entered in any court with jurisdiction. We each also agree as follows:

  1. "Disputes" are any claims or controversies against each other related in any way to our website, mobile app, content or these Terms of Use - this includes claims you bring against our employees, agents, affiliates or other representatives, and claims NetworkKing may bring against you.
  2. If either of us wants to arbitrate a dispute, we agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. We will send notice to you based on the contact information you have provided us and notice to us must be sent to: 3122 Deerfield Ridge Road, McDonald PA 15057. We agree to make attempts to resolve the dispute. If we cannot resolve the dispute within forty-five (45) days of receipt of the notice to arbitrate, then we may submit the dispute to formal arbitration.
  3. The FAA applies to this Agreement and arbitration provision. We each agree the FAA's provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
  4. The arbitration will be administered by the National Arbitration Forum ("NAF") under its arbitration rules. If any NAF rule conflicts with these Terms of Use, these Terms of Use apply. You can obtain procedures, rules, and fee information from the NAF at 1-800-474-2371 or www.adrforum.com.
  5. Unless we each agree otherwise, the Arbitration will be conducted by a single neutral arbitrator and will take place in Washington County, Pennsylvania. The federal or state law that applies to these Terms of Use will also apply during the arbitration.
  6. We each agree not to pursue arbitration on a classwide basis. We each agree that any arbitration will be solely between you and us (not brought on behalf of or together with another individual's claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn't apply and the dispute must be brought in court.
  7. We each are responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other fees and costs relating to the arbitration.

14. No Class Actions

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

15. No Trial By Jury

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

16. Amendment; Additional Terms

  1. We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of our website or mobile app. In addition, we may modify these Terms of Use. We reserve the right to provide you with operating rules or additional terms that may govern your use of our website or mobile app ("Additional Terms"). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.
  2. Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on our website or mobile app or by notification by email or conventional mail. It is your responsibility to review the Terms of Use and our website from time to time for any changes or Additional Terms. Your access and use of our website or mobile app following any modification of these Terms of Use or the provision of Additional Terms will signify your consent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, you may terminate your membership. If you do not have a membership, your only recourse is to immediately discontinue use of our website and/or mobile app.

17. Miscellaneous

  1. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. If any provision of these Terms of Use is held to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.
  2. These Terms of Use (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter.
  3. You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. NetworkKing may assign these Terms of Use or any rights hereunder without your consent and without notice.

18. Notices

All notices, requests, and communications hereunder shall be in writing, and any such notice, request or other communication shall be deemed to have been given or made when delivered by hand, transmitted by fax and confirmed or, in the case of delivery by mail, when deposited in the mail, certified mail, return receipt requested, postage prepaid, to: NetworkKing, LLC, 3122 Deerfield Ridge Road, McDonald PA 15057.