a) The Service is provided to you under the terms and conditions of this Agreement, and the Kinksters’ Privacy Policy.
b) You must be at least 18 years of age to register as a Member of kinksters.net or use the APP. Membership in the Service is void where prohibited.
c) If you wish to obtain a copy of this Agreement in non-electronic form, please contact Kinksters in the Settings > Send us Feedback.
By accessing or using the Services, you represent and warrant that:
(a) you are at least 18 years old;
(b) you have never been convicted of a felony or any criminal offense characterized as a sexual offense and are not required to register as a sex offender with any government entity;
(c) you have not previously been suspended or removed from the Services;
(d) you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement;
(e) you are not a competitor of Kinksters and are not using the Services for reasons that are in competition with Kinksters or other than for its intended purpose; and
(f) you are not located in, under the control of, or a national or resident of any country which the United States has (h) embargoed,
(i) identified as a "Specially Designated National" or
(j) placed on the Commerce Department's Table of Deny Orders.
You will create only one unique profile for use of the Services. You will not include any telephone numbers, street addresses, URLs, multimedia, artworks downloaded from external sources, email addresses or any other contact information in your profile or in any other publicly viewable User Content or other communications made in connection with your use of the Services. Additionally, you will not include your last name in your dating profile. You understand and agree that anyone may be able to view any information you choose to make publically available.
This Agreement will remain in full force and effect while you use the Service and/or have a Kinksters account. You may disable your account at any time, for any reason, by following the instructions in "Settings" in the Service. The Company may terminate or suspend your account at any time without notice if the Company believes that you have breached this Agreement, or for any other reason, with or without cause, in its sole discretion. Upon such termination or suspension, you will not be entitled to any refund of unused fees for in app purchases. The Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. After your account is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
The Service is for personal use only. Users may not use the Service or any content contained in the Service (including, but not limited to, content of other users, designs, text, graphics, images, video, information, logos, software, audio files and computer code) in connection with any commercial endeavors, such as (a) advertising or soliciting any user to buy or sell any products or services not offered by the Company or (b) soliciting others to attend parties or other social functions, or networking, for commercial purposes. Users of the Service may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service or the Service for any purpose. The Company may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Service.
You understand that you are responsible for maintaining the confidentiality of the username and password of your account, and you are fully responsible for all activities that occur under your username and password, including the purchase of any of our Paid Services. You agree (a) to immediately notify Kinksters if you suspect any unauthorized use of your username or password or any other breach of security, (b) to ensure that you exit from your account at the end of each session, (c) not to use the account, profile, username or password of any other user or Member and (d) to use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You acknowledge that Kinksters is not responsible for any loss or damage arising from the theft or misappropriation of your username or password. We recommend that you use a strong password for your account, never use the same password on multiple sites or services and change your password frequently.
a) You are solely responsible for your interactions with
other users. You understand that the company currently does not conduct
criminal background checks or screenings on its users. The company also
does not inquire into the backgrounds of all of its users or attempt to
verify the statements of its users. The company makes no representations
or warranties as to the conduct of users or their compatibility with
any current or future users. The company reserves the right to conduct
any criminal background check or other screenings (such as sex offender
register searches), at any time and using available public records.
b) The Company is not responsible for the conduct of any
user. As noted in and without limiting, in no event shall the Company,
its affiliates or its partners be liable (directly or indirectly) for
any losses or damages whatsoever, whether direct, indirect, general,
special, compensatory, consequential, and/or incidental, arising out of
or relating to the conduct of you or anyone else in connection with the
use of the Service including, without limitation, death, bodily injury,
emotional distress, and/or any other damages resulting from
communications or meetings with other users or persons you meet through
the Service. You agree to take all necessary precautions in all
interactions with other users, particularly if you decide to communicate
off the Service or meet in person, or if you decide to send money to
another user. In addition, you agree to review and follow the Company's
Safety Tips, located in the Service, prior to using the Service. You
understand that the Company makes no guarantees, either express or
implied, regarding your ultimate compatibility with individuals you meet
through the Service. You should not provide your financial information
(for example, your credit card or bank account information), or wire or
otherwise send money, to other users.
8. Legal Responsibility for the Content Posted by You
a) You are solely responsible for the content and
information that you post, upload, publish, link to, transmit, record,
display or otherwise make available (hereinafter, "post") on the Service
or transmit to other users, including text messages, chat, videos
(including streaming videos), photographs, or profile text, whether
publicly posted or privately transmitted (collectively, "Content"). You
may not post as part of the Service, or transmit to the Company or any
other user (either on or off the Service), any offensive, inaccurate,
incomplete, abusive, obscene, profane, threatening, intimidating,
harassing, racially offensive, or illegal material, or any material that
infringes or violates another person’s rights (including intellectual
property rights, and rights of privacy and publicity). You represent and
warrant that (i) all information that you submit upon creation of your
account, including information submitted from your Facebook account, is
accurate and truthful and that you will promptly update any information
provided by you that subsequently becomes inaccurate, incomplete,
misleading or false and (ii) you have the right to post the Content on
the Service and grant the licenses set forth below.
b) You understand and agree that the Company may, but is
not obligated to, monitor or review any Content you post as part of a
Service. The Company may delete any Content, in whole or in part, that
in the sole judgment of the Company violates this Agreement or may harm
the reputation of the Service or the Company.
c) By posting Content as part of the Service, you
automatically grant to the Company, its affiliates, licensees and
successors, an irrevocable, perpetual, non-exclusive, transferable,
sub-licensable, fully paid-up, worldwide right and license to (i) use,
copy, store, perform, display, reproduce, record, play, adapt, modify
and distribute the Content, (ii) prepare derivative works of the Content
or incorporate the Content into other works, and (iii) grant and
authorize sublicenses of the foregoing in any media now known or
hereafter created. You represent and warrant that any posting and use of
your Content by the Company will not infringe or violate the rights of
any third party.
d) In addition to the types of Content described in
Section 5 above, the following is a partial list of the kind of Content
that is prohibited in the Service. You may not post, upload, display or
otherwise make available Content that:
i. that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
ii. advocates harassment or intimidation of another person;
iii. requests money from, or is intended to otherwise defraud, other users of the Service;
iv. involves the transmission of "junk mail", "chain
letters", or unsolicited mass mailing or "spamming" (or "spimming",
"phishing", "trolling" or similar activities);
v. promotes information that is false or misleading, or
promotes illegal activities or conduct that is defamatory, libelous or
otherwise objectionable;
vi. promotes an illegal or unauthorized copy of another
person’s copyrighted work, such as providing pirated computer programs
or links to them, providing information to circumvent manufacture-
installed copy-protect devices, or providing pirated images, audio or
video, or links to pirated images, audio or video files;
vii. contains video, audio photographs, or images of
another person without his or her permission (or in the case of a minor,
the minor’s legal guardian);
viii. contains restricted or password only access pages,
or hidden pages or images (those not linked to or from another
accessible page);
ix. provides material that exploits people in a sexual,
violent or other illegal manner, or solicits personal information from
anyone under the age of 18;
x. provides instructional information about illegal
activities such as making or buying illegal weapons or drugs, violating
someone’s privacy, or providing, disseminating or creating computer
viruses;
xi. contains viruses, time bombs, trojan horses,
cancelbots, worms or other harmful, or disruptive codes, components or
devices;
xii. impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
xiii. provides information or data you do not have a
right to make available under law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information);
xiv. disrupts the normal flow of dialogue, causes a
screen to "scroll" faster than other users are able to type, or
otherwise negatively affects other users’ ability to engage in real time
exchanges;
xv. solicits passwords or personal identifying
information for commercial or unlawful purposes from other users or
disseminates another person’s personal information without his or her
permission; and
xvi. publicizes or promotes commercial activities and/or
sales without our prior written consent such as contests, sweepstakes,
barter, advertising, and pyramid schemes.
xvii. apps that present excessively objectionable or crude content will be rejected.
xviii. apps containing pornographic material, defined by
Webster's Dictionary as "explicit descriptions or displays of sexual
organs or activities intended to stimulate erotic rather than aesthetic
or emotional feelings", will be rejected.
xix. apps that contain user generated content that is
frequently pornographic (ex "Chat Roulette" apps) will be rejected.
xx. apps must comply with all legal requirements in any
location where they are made available to users. It is the developer's
obligation to understand and conform to all local laws.
xxi. apps that solicit, promote, or encourage criminal or clearly reckless behavior will be rejected.
The Company reserves the right, in its sole discretion,
to investigate and take any legal action against anyone who violates
this provision, including removing the offending communication from the
Service and terminating or suspending the account of such violators.
a) Your use of the Service, including all Content you
post through the Service, must comply with all applicable laws and
regulations. You agree that the Company may access, preserve and
disclose your account information and Content if required to do so by
law or in a good faith belief that such access, preservation or
disclosure is reasonably necessary, such as to:
(i) comply with legal process;
(ii) enforce this Agreement;
(iii) respond to claims that any Content violates the rights of third parties;
(iv) respond to your requests for customer service or allow you to use the Service in the future; or
(v) protect the rights, property or personal safety of the Company or any other person.
b) You agree that any Content you place on the Service
may be viewed by other users and may be viewed by any person visiting or
participating in the Service.
The Company reserves the right to investigate, suspend
and/or terminate your account if you have misused the Service or behaved
in a way the Company regards as inappropriate or unlawful, including
actions or communications the occur off the Service but involve users
you meet through the Service. The following is a partial list of the
type of actions that you may not engage in with respect to the Service.
You will not:
a) impersonate any person or entity.
b) solicit money from any users.
c) post any Content that is prohibited by Section 8.
d) "stalk" or otherwise harass any person.
e) express or imply that any statements you make are endorsed by the Company without our specific prior written consent.
f) use the Service in an illegal manner or to commit an illegal act;
g) access the Service in a jurisdiction in which it is illegal or unauthorized;
h) ask or use users to conceal the identity, source, or destination of any illegally gained money or products.
i) use any robot, spider, site search/retrieval
application, or other manual or automatic device or process to retrieve,
index, "data mine", or in any way reproduce or circumvent the
navigational structure or presentation of the Service or its contents.
j) collect usernames and/or email addresses of users by
electronic or other means for the purpose of sending unsolicited email
or unauthorized framing of or linking to the Service.
k) interfere with or disrupt the Service or the servers or networks connected to the Service.
l) email or otherwise transmit any material that
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment.
m) forge headers or otherwise manipulate identifiers in
order to disguise the origin of any information transmitted to or
through the Service (either directly or indirectly through use of third
party software).
n) "frame" or "mirror" any part of the Service, without the Company's prior written authorization.
o) use meta tags or code or other devices containing any
reference to the Company or the Service (or any trademark, trade name,
service mark, logo or slogan of the Company) to direct any person to any
other website for any purpose.
p) modify, adapt, sublicense, translate, sell, reverse
engineer, decipher, decompile or otherwise disassemble any portion of
the Service any software used on or for the Service, or cause others to
do so.
q) post, use, transmit or distribute, directly or
indirectly, (e.g. screen scrape) in any manner or media any content or
information obtained from the Service other than solely in connection
with your use of the Service in accordance with this Agreement.
You may not post, distribute, or reproduce in any way any
copyrighted material, trademarks, or other proprietary information
without obtaining the prior written consent of the owner of such
proprietary rights. Without limiting the foregoing, if you believe that
your work has been copied and posted on the Service in a way that
constitutes copyright infringement, please provide our Copyright Agent
with the following information:
a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b) a description of the copyrighted work that you claim has been infringed;
c) a description of where the material that you claim is
infringing is located on the Service (and such description must be
reasonably sufficient to enable the Company to find the alleged
infringing material, such as a url);
d) your address, telephone number and email address;
e) a written 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
f) 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.
g) Notice of claims of copyright infringement should be
provided to the Company’s Copyright Agent at copyright@kinksters.net or the
following address: Copyright Agent c/o Kinksters
If you wish to report any violation of this Agreement by
others, including Members, you may do so by using the "Report This
Profile" button or similar button or link on the Services or by
contacting us here.
12. AUTOMATIC RENEWAL OF YOUR MEMBERSHIP
12.1 IN ORDER TO PROVIDE CONTINUOUS SERVICE, Kinksters
AUTOMATICALLY RENEWS YOUR 1-MONTH ,3-MONTHS AND 6-MONTHS MEMBERSHIP
PACKAGE ON THE DATE SUCH SUBSCRIPTION EXPIRES.
12.2 BY CHECKING THE BOX BELOW AND ENTERING INTO THIS
AGREEMENT, YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY
RENEW UNTIL YOU CANCEL IT, AND YOUR ACCOUNT WILL BE SUBJECT TO THIS
AGREEMENT. BECAUSE YOU DECIDE ON A MONTHLY BASIS WHETHER TO CANCEL YOUR
MEMBERSHIP OR AUTOMATICALLY RENEW IT, YOU ARE ONLY OBLIGATED TO MAKE
PAYMENTS ON A MONTHLY BASIS.
12.3 THE MONTHLY CHARGES TO YOUR ACCOUNT AS PART OF THE
AUTOMATIC RENEWAL PROCESS WILL BE THE SAME AS THE INITIAL MONTHLY CHARGE
TO YOUR ACCOUNT. HOWEVER, THE AMOUNT OF THE MONTHLY CHARGE MAY CHANGE.
YOU WILL BE MADE AWARE OF THAT CHANGE BY A NOTICE POSTED ON THE Kinksters
WEBSITE WHICH WILL REQUIRE YOUR AGREEMENT TO THAT CHANGE BY CHECKING A
BOX ON THE NOTICE TO CONTINUE YOUR MEMBERSHIP. IF YOU DO NOT AGREE TO
THAT CHANGE. YOU MAY TERMINATE YOUR MEMBERSHIP BY SENDING AN EMAIL TO
SUPPORT@kinksters.net. IF YOU DO NOT CHECK A BOX ON THE NOTICE ACCEPTING
THAT CHANGE, Kinksters WILL TERMINATE YOUR MEMBERSHIP.
12.4 AT ANY TIME DURING YOUR MEMBERSHIP WITH Kinksters, IF
YOU DO NOT WISH TO HAVE YOUR MEMBERSHIP AUTOMATICALLY RENEWED, PLEASE
SEND AN E-MAIL TO SUPPORT@kinksters.net SO ADVISING, AND Kinksters WILL CANCEL
THE AUTOMATIC RENEWAL FEATURE AND TERMINATE YOUR MEMBERSHIP. IN THE
EVENT THAT RENEWAL OF YOUR MEMBERSHIP IS CONTROLLED BY A THIRD PARTY,
SUCH AS AN APP STORE, Kinksters WILL PROVIDE YOU WITH DIRECTIONS ON HOW TO
CANCEL THE AUTOMATIC RENEWAL FEATURE. PLEASE BE ADVISED THAT
CANCELLATION UNDER THOSE CIRCUMSTANCES IS A MATTER OF YOUR AGREEMENT
WITH THAT THIRD PARTY, OVER WHICH Kinksters HAS NO CONTROL.
12.5 IF BY REASON OF DEATH OR DISABILITY YOU ARE UNABLE
TO RECEIVE THE SERVICE PURSUANT TO THIS AGREEMENT, YOU OR YOUR ESTATE
MAY ELECT TO BE RELIEVED OF THE OBLIGATION TO MAKE PAYMENTS FOR SERVICES
OTHER THAN THOSE RECEIVED BEFORE DEATH OR THE ONSET OF DISABILITY.
HOWEVER, IF A PHYSICIAN DETERMINES THAT THE DURATION OF YOUR DISABILITY
WILL BE LESS THAN SIX MONTHS, kinksters.net MAY EXTEND THE TERM OF THIS
CONTRACT FOR A PERIOD OF SIX MONTHS AT NO ADDITIONAL CHARGE TO YOU IN
LIEU OF CANCELLATION.
13.1 YOU MAY CANCEL THIS AGREEMENT WITHOUT ANY PENALTY OR OBLIGATION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY FOLLOWING THE DATE YOU SIGNED THIS AGREEMENT ELECTRONICALLY, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL THIS AGREEMENT DURING THAT THREE-DAY PERIOD, EMAIL A SIGNED AND DATED NOTICE WHICH STATES THAT YOU ARE CANCELING THIS AGREEMENT, OR WORDS OF SIMILAR EFFECT. THIS NOTICE SHALL BE SENT TO: Kinksters AT SUPPORT@kinksters.net
14.1 BY CHECKING THE BOX BELOW, COMPLETING THE REGISTRATION PROCESS, AND USING THE Kinksters WEBSITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT, YOU DO SO OF YOUR OWN FREE CHOICE, AND YOU WILL ABIDE BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE PRIVACY POLICY, WHICH MAY BE MODIFIED FROM TIME TO TIME. 14.2 BY CHECKING THE BOX BELOW, I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT AND THE PRIVACY POLICY, WHICH MAY BE AMENDED FROM TIME TO TIME, AND I AGREE TO ALL OF THE PROVISIONS CONTAINED THEREIN: