Findmykiss.com Terms of Use
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A. Electronic Agreement Overview
This User Terms of Agreement sets forth the terms and conditions which apply to your use of the findmykiss.com website and all services offered by findmykiss.com. By completing the application process or just visiting, you are indicating that you agree to be bound by all of the terms in this Agreement. Please print and keep a copy of this Agreement for your records.
This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your membership in the Service. This Agreement includes findmykiss.com Acceptable Use Policy for Content Posted on the Website, findmykiss.com Privacy Policy, findmykiss.com subscription policies and any notices regarding the Website. By accessing the Website or becoming a Member, you accept this Agreement and agree to the terms, conditions, and notices contained or referenced herein.
You have gained the right to use this website by respecting the applicable User Terms of Agreement described in detail below. It can be accessed at any time by the “User Terms of Agreement” Link. By accessing the Website or becoming a Member, you consent to have this Agreement provided to you in electronic form.
This Agreement may be modified by findmykiss.com from time to time, such modifications to be effective upon posting by findmykiss.com on the Website. We reserve the right, at any time, to change or modify the terms and conditions applicable to your subscription. Such changes will become effective upon notification by sending you notice by email and posting a revised Agreement on this website. Your continued use of our service after notification of such a change has been sent shall be deemed to constitute acceptance by you of any such changes, modifications, additions or deletions. You agree to review this Agreement periodically to be aware of any such revisions.
In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program. We will notify you of any changes in the hardware or software requirements needed to access and/or retain this Agreement that create a material risk that you will not be able to continue to access and/or retain this electronic Agreement.
B. ELIGIBILITY
You must be a legal residents of the 50 United States or DC, age 18 or older (19 in AL or NE) , or void where prohibited to visit or use this website in any manner. By visiting findmykiss.com or accepting these User Terms of Agreement, you acknowledge to findmykiss.com that you are 18 years of age or older; have the right, authority and capacity to agree to and abide by these User Terms of Agreement; and you will use this website in a manner consistent with any and all applicable laws and regulations.
C. PRIVACY OF INFORMATION
Findmykiss.com recognizes the importance of privacy and the sensitivity of personal information received by us in the course of offering our service. We recognize our professional obligation to maintain the confidentiality of our clients’ personal information, and our obligations concerning the personal information of all individuals that we collect, use or disclose in our practice. This policy has been developed with those obligations in mind. Findmykiss.com collects personal information from you in order to create your online dating profile and will not use or disclose your personal information for purposes other than those described in this policy.
Findmykiss.com may also use third-party companies to provide various services when you use this website. If you use those services, the Internet protocol address (IP address) of the computer you are using to access the website may be disclosed to those third-party companies. We may use attributes that you provide in your public profile to display relevant ads to you. Findmykiss.com is not responsible for the privacy practices of these third-party companies or any other external websites linked to this site. We encourage you to read the privacy statements of these other websites when you leave our website or utilize their services.
If we change our privacy policy, we will notify you by email. If you have any questions with respect to our policies concerning the handling of your personal information, or if you wish to request access to, or correction of, your personal information under our care and control, please contact our Webmaster at: webmaster@findmykiss.com
By joining this website you acknowledge that:
(1) We cannot ensure the security or privacy of information you provide through the Internet and your email messages, and you release us from any and all liability in connection with the use of such information by other parties.
(2) We are not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the personal information you provide to others through the Service.
(3) We cannot assume any responsibility for the content of messages sent by other users of the Service, and you release us from any and all liability in connection with the contents of any communications you may receive from other users. We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of the Service.
You may not use the Service for any unlawful purpose. If you use this service unlawfully we will pass along all information to law enforcement. We may refuse to grant you an ID, User name, or “Nickname” that impersonates someone else, is protected by trade-mark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion.
D. USER AGREEMENT
This User Terms of Agreement constitutes your agreement with Findmykiss.com with respect to your use of the Service. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Service. Failure to comply or abide by the terms with result in immediate termination of service, and any actions considered in violation of this Agreement, after activation of account, will not rate a refund.
E. RIGHT TO USE
Your right to use the Service is subject to any limitations, conditions and restrictions established by us in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability.
F. CODE OF CONDUCT
You agree to use the Service in accordance with the following Code of Conduct:
1. You will keep all information provided to you through this Service as private and confidential. You will not give any information about anyone else to a third party without the permission of the person who provided it to you.
2. You will not use the Service to engage in any form of harassment or offensive behavior, including but not limited to the posting of communications, pictures or recordings which contain libelous, slanderous, abusive, defamatory statements, racist, pornographic, obscene, or offensive language.
3. You will not forward chain letters through the Service. Chain letters will result in restriction to any communication over this website.
4. You will not use the Service to infringe the privacy rights, property rights, or any other rights of any person.
5. You will not post messages, pictures, recordings or use the Service in any way which:
(A) Violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights.
(B) is fraudulent or otherwise unlawful or violates any law.
(C) Violates section G.2.
6. You will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services.
7. You will not use the Service to distribute or up load any virus, Trojan horses or do anything else that might cause harm to the Service, Findmykiss.com systems or to other members' systems in any way. If infection is traced back to your account, you will fully pay for all damages and investigation fees.
8. You will not post or transmit in any manner any contact information including, but not limited to, email addresses, "instant messenger" nicknames, telephone numbers, postal addresses, URLs, or full names through your publicly posted information.
9. You will not cause the Service to be accessed through an automated or robotic means, including but not limited to the rapid access of the site as in a denial-of-service attack. Such restriction shall not apply to legitimate search engine activity which does not place an unreasonable burden on the Service.
10. You will not use a third-party application such as a mobile smart phone application, social media or other Web page widget, or any other such mobile, social media, Web, or desktop application to access the Service, except where such application is either provided by us or endorsed by us. Such restriction shall not apply to a browser application which merely displays the pages of the Service in their entirety without modification or reformulation of content.
11. You are solely responsible for your interactions with other Members. You understand that Findmykiss.com does not in any way screen its Members, nor does Findmykiss.com inquire into the backgrounds of its Members or attempt to verify the statements of its Members. Findmykiss.com makes no representations or warranties as to the conduct of Members or their compatibility with any current or future Members. In no event shall Findmykiss.com be liable for any 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, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of this Service or persons you meet through this Service. You agree to take reasonable precautions in all interactions with other Members of the Service, particularly if you decide to meet offline or in person. You understand that Findmykiss.com 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) to other Members.
12. Any violation of Code of Conduct, such actions outlined above, will result in immediate termination of account outlined in section D.
G. MONITORING OF INFORMATION
We reserve the right to monitor all advertisements, public postings, and messages on this website to ensure that they conform to content guidelines outlines in section (G) that are monitored by us. This website may use cookies. Short term ‘session’ cookies which exist while you are on the site assist Findmykiss LLC and its partners in tracking the use and usability of the site. Long term ‘permanent’ cookies are used to remember your login ID and password (where applicable) as specified by your browser settings or chosen by you on the “sign in” page or link to www.findmykiss.com. Long term ‘permanent’ cookies may also be used to remember you as a visitor where the site offers a log in system or to prevent abuse of the website
H. REMOVAL OF INFORMATION
While we do not and cannot review every message, pictures or other material posted or sent by users of the Service, and are not responsible for any content of these messages, pictures or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation profiles, public postings and messages, that we, in our sole discretion, deem to violate section “G” set out above or any other applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages and other materials you may upload to the Service or users of the Service.
I. TERMINATION OF ACCESS TO SERVICE
I.1. Suspension
We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of your access to all or part of the Service at our sole discretion, and you may be referred to appropriate law enforcement agencies.
I.2. Blocking of IP Addresses.
In order to protect the integrity of the Service, Findmykiss.com reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Website.
J. PROPRIETARY INFORMATION
The Service contains information which is proprietary to us, our partners, and our users. We assert full copyright protection in the Service. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express written permission of the owner of such information.
K. DONATIONS
Findmykiss.com may use a percentage of donations to maintain functionality of the website. The remaining percentage will be donated to the American Red Cross or another charitable organization.
L. NO RESPONSIBILITY
You acknowledge that we are not responsible for suspension of the Service, regardless of the cause of the interruption or suspension.
M. SECURITY
Your account is private and should not be used by anyone other than you. You are responsible for all usage or activity on the Service by users using your password, including but not limited to use of your password by any third-party.
N. EXTERNAL LINKS
The Service may from time to time contain links to other Internet sites and resources ("External Links"). Findmykiss LLC does not accept responsibility or liability for the operation or content of these websites. Inclusion of the links is for your convenience only and does not imply any endorsement by Findmykiss LLC. You are responsible for complying with the terms and conditions of use of any linked site. No third party is permitted to link any other website to this website without obtaining the prior written consent of Findmykiss LLC.
O. MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any material or content distributed by Findmykiss.com constitutes copyright infringement, please provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on our website; your address, telephone number and email address; 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; 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.
P. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT YOU USE Findmykiss.com AND ITS RELATED SERVICES AT YOUR OWN RISK. Findmykiss.com SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION UNDER LAW.
Findmykiss.com PROVIDES ON-LINE PERSONAL DATING SERVICES AND TOOLS TO SINGLES AND OTHER SIMILARLY INTERESTED INDIVIDUALS, AS WELL AS FORUMS FOR DISCUSSION AND COMMENTARIES TO SUBSCRIBERS THROUGH THE Findmykiss.com WEBSITE AND OTHER MEANS OF DISTRIBUTION. FINDMYKISS.COM DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR TIMELINESS OF, OR OTHERWISE ENDORSE ANY INFORMATION CONTAINED ON Findmykiss.com. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT DISTRIBUTED BY FINDMYKISS.COM IS OBTAINED, THERE MAYBE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. YOU ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. WE DO NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY MEMBER PROFILE, ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SERVICE BY FINDMYKISS.COM, OUR PARTNERS OR ANY USER OF THE SERVICE OR ANY OTHER PERSON OR ENTITY. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, MEMBER PROFILE, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT, WILL CONSTITUTE A BINDING ACCEPTANCE BY YOU OF THIS AGREEMENT, OR ANY SUBSEQUENT MODIFICATIONS.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL Findmykiss.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS WHATSOEVER CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT DISTRIBUTED BY Findmykiss.com AS WELL AS ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OR INABILITY TO USE THE Findmykiss.com SERVICE OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE Findmykiss.com WEBSITE, NO MATTER WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION, AND REGARDLESS OF WHETHER Findmykiss.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS LIMIT THE AVAILABILITY OF SUCH LIMITATION OF LIABILITY, IN WHICH CASE THE PROVISIONS OF THIS SECTION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR LIABILITY EXCEED THE SUM OF $100.00 U.S. DOLLARS.
Q. Proprietary Rights
Findmykiss.com owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Findmykiss.com, and its licenses. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
R. Reliance on Content, Advice, Etc
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by Findmykiss.com, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
Findmykiss.com does not:
(i) Guarantee the accuracy, completeness, or usefulness of any information on the Service, or
(ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will Findmykiss.com or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Members.
S. INDEMNITY
You hereby agree to indemnify, defend and hold harmless Findmykiss.com and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. Findmykiss.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
T. MISCELLANEOUS
This Agreement represents the entire agreement between you and Findmykiss.com regarding the use of our services and supersedes any other agreement or understanding on the subject matter. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the United Stated of America. As a condition of using Findmykiss.com services, each user agrees that any and all disputes and causes of action arising out of or connected with Findmykiss.com shall be resolved through arbitration.
Additionally, except where prohibited by law, as a condition of using Findmykiss.com services, you agree that any and all disputes and causes of action arising out of or connected to our services shall be resolved individually, without resort to any form of class action. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of Findmykiss.com must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and be enforceable. This Agreement is not assignable, transferable or sub licensable without the prior written consent of Findmykiss.com. Findmykiss.com may assign this Agreement in whole or in part. No agency, partnership, joint venture, or employment is created as a result of this Agreement. Headings are for convenience only and have no legal or contractual effect. All notices under this Agreement shall be in writing and shall be deemed to have been duly given when receipt is electronically confirmed, if transmitted by email or upon receipt, if sent by certified or registered mail, return receipt requested.
U. DISCLOSURE AND OTHER COMMUNICATION
We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Service or of any Findmykiss.com related products and services. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity.
V. MODIFICATIONS
We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.
W. DEFINITIONS
“You” refers to any user of this website
"We" and "us" in this Agreement pertain to any operator of findmykiss.com.
“Service(s)” refers to your use of Findmykiss.com for any purpose whatsoever.
“Personal Information” means all information about an identifiable individual.
"Member" includes subscribers and paid members, unless where its usage indicates otherwise