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This online datingservice is a way for adults to meet each other (the "Service"). TheService is provided by KissTown plc, whose principal office is located at 420075,Pravdi 22, Kazan, Russia.
This legal agreement ismade between You and Us ("Agreement"). This Agreement applies to all Oursites that are offering the Service including KissTown.com, KissTown.com. Pleaseread the Agreement carefully before registering for the Service. By registeringfor the Service, you become a KissTown member (a "Member"), and youagree to be bound by the terms and conditions of this Agreement for as long asyou continue to be a Member. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONSOF THIS AGREEMENT, PLEASE DO NOT REGISTER FOR THE SERVICE. THE TERMS ANDCONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGES MADE BY US AT ANY TIME,EFFECTIVE UPON NOTICE TO YOU.
In these conditions thefollowing words have the following meanings unless the context requiresotherwise:
"Agreement" means the agreement between You and Usincorporating these terms and conditions for the provision of the Service;
“We, Us, Our" means KissTown
"You, Your, Yourself"means the person whoseapplication for membership of the Service is accepted by Us.
ELIGIBILITY: MINORSMAY NOT BECOME MEMBERS. Bybecoming a Member, you represent and warrant that you are at least 18 yearsold. By using this Web site, you represent and warrant that you have the right,authority and capacity to enter into this Agreement and to abide by the termsand conditions of this Agreement. Your membership for the Service is for Yoursole, personal use. You may not authorize others to use Your membership, andYou may not assign or otherwise transfer your account to any other person orentity.
REGISTRATION ANDSUBSCRIPTION: Although you mayregister as a Member of the Service for free, if you wish to communicate withother members and use certain other parts of the Service, you must become asubscriber and pay the fees that are set out in Our price list.This price list is part of this Agreement. We may change any fees or chargesfor using the Service. To become a Member You must register for the Service.When and if You register to become a Member, You agree to provide accurate,current and complete information about Yourself as prompted by Our registrationform ("Registration Data"), and to maintain and update Yourinformation to keep it accurate, current and complete. You agree that we mayrely on Your Registration Data as accurate, current and complete. Youacknowledge that if Your Registration Data is untrue, inaccurate, not currentor incomplete in any respect, We reserve the right to terminate this Agreementand Your use of the Service and we shall not refund You unused subscriptionfees.
TERM ANDTERMINATION: This Agreementwill remain in full force and effect while You use the Service and/or are aMember. You may terminate your membership at any time, for any reason byfollowing the instructions on the Member Services, or upon receipt by Us ofYour written or email notice of termination. Either You or Us may terminateyour membership by removing your profile at any time, for any reason, withoutexplanation, effective upon sending written notice to the other party. Uponsuch termination by Us, We shall refund, pro rata, any unused portion of anysubscription payments that have been received from You, provided that in theevent that We determine in our sole discretion that there has been any breachof this Agreement by You, We shall not be liable to You for any refund of anyunused portion of any subscription payments and may continue to bar Your use ofthe Service in the future. Even after membership is terminated, this Agreementwill remain in effect.
PROPRIETARY RIGHTS: You warrant and represent to Us that theinformation posted in Your profile is posted by You and that You are the soleauthor of your profile. You assign to Us with full title guarantee allcopyright in Your profile. You waive absolutely any and all moral right to beidentified as author of Your profile and any similar rights in anyjurisdiction. In addition, other Members may post copyrighted information,which has copyright protection whether or not it is identified as copyrighted. Exceptfor that information which is in the public domain or for which You have beengiven permission, You will not copy, modify, publish, transmit, distribute,perform, display, or sell any such proprietary information. By postinginformation or content to any of Our public area, You automatically grant, andyou represent and warrant that You have the right to grant, to Us and otherMembers an irrevocable, perpetual, non-exclusive, fully-paid, worldwide licenseto use, copy, perform, display and distribute such information and content andto prepare derivative works of, or incorporate into other works, suchinformation and content, and to grant and authorize sub-licenses of theforegoing.
YOUR USE OF THESERVICE: As a Member, You agreethat:
1) You are solely responsible for the content or information you publish ordisplay (hereinafter, "post") on the Service, or transmit to otherMembers. You will not post on the Service, or transmit to other Members orEmployees, any defamatory, inaccurate, abusive, obscene, profane, offensive,sexually oriented, threatening, harassing, racially offensive, or illegalmaterial, or any material that infringes or violates another party\'s rights(including, but not limited to, intellectual property rights, and rights ofprivacy and publicity). You will use the Service in a manner consistent withany and all applicable laws and regulations. You will not include in Yourprofile any telephone numbers, street addresses, last names, URL\'s or E-mailaddresses other than where asked for it in the Confidential PersonalInformation section. You will not include in Your profile any offensiveanatomical or sexual references, or offensive sexually suggestive orconnotative language, and You will not post any photos containing nudity orpersonal information. We reserve the right, but We have no obligation, toreject any profile or photo that does not comply with these prohibitions andwe shall not refund You unused subscription fees. You will not engage inadvertising to, or solicitation of, other members to buy or sell any productsor services through the Service. You will not transmit any chain letters orjunk E-mail to other Members. For protection of members against such conduct,Weimposed a 100 message-per-day limit on subscribers. You are solely responsiblefor Your interactions with other Members. We reserve the right, but We have noobligation, to monitor and/or mediate disputes between You and other Members.
2) E-mailcommunications sent from Us or through Us are designed to make your onlinedating experience exciting. By becoming a member You specifically agree to acceptand consent to receiving e-mail communications initiated from Us or through Usthese include: message notification e-mails, “Your Match” e-mails, e-mailsinforming you about events and parties We organize, e-mails informing You ofpromotions We run and emails informing You of new and existing features Weprovide. Should You not wish to receive any of our e-mail communications pleasedo not register with Us for the Service or terminate your Membership with Us.
3) You agree that Wehave no responsibility or liability for the deletion, corruption or failure tostore any messages or other content maintained or transmitted by Our Service. Youacknowledge that features, parameters or other services We provide may changeat any time. You acknowledge that We reserve the right to sign out, terminateor delete your account for being "inactive". "Inactive"means that you have not signed in to the Service for a particular period oftime, as determined by Us, in our sole discretion. The amount of time that Wecurrently considers as a "particular" period of time is 90 days. Therefore,You must login to the Service at least once every 90 days from the date YourMembership has been activated or Your profile will be purged from the Service.
4) Our customer serviceEmployees are here to make your online experience much more pleasing byproviding assistance and guidance to You. When speaking to Our customer serviceEmployees on the phone, or communicating with them by any other means, Youundertake not to be abusive, obscene, profane, offensive, sexually oriented,threatening, harassing or racially offensive. Should any of Our customerservice Employees feel, at any given point, threatened or offended by Yourconduct, we reserve the right to immediately terminate your membership and Youshall not be entitled to any refund of unused subscription fees.
We are entitled toinvestigate and terminate Your membership if You have misused the Service, orbehaved in a way which could be regarded as inappropriate or whose conduct is unlawfulor illegal. The following is a partial list of the type of actions that areillegal or prohibited under this Agreement:
1) You will notimpersonate any person or entity.
2) You will not "stalk" or otherwise harass any person.
3) You will not express or imply that any statements you make are endorsed by Us,without Our specific prior written consent.
4) You will not use any robot, spider, site search/retrieval application, orother manual or automatic device or process to retrieve, index, "data mine",or in any way reproduce or circumvent the navigational structure orpresentation of the Service or its contents.
5) You will not post, distribute or reproduce in any way any copyrightedmaterial, trademarks, or other proprietary information without obtaining theprior consent of the owner of such proprietary rights.
6) You will not remove any copyright, trademark or other proprietary rightsnotices contained in the Service.
7) You will not interfere with or disrupt the Services or the site or the serversor networks connected to the Services or the site.
8) You will not post, email or otherwise transmit any material that containssoftware viruses or any other computer code, files or programs designed tointerrupt, destroy or limit the functionality of any computer software orhardware or telecommunications equipment.
9) You will not forge headers or otherwise manipulate identifiers in order todisguise the origin of any information transmitted through the Service.
10) You will not "frame" or "mirror" any part of theService, without Our prior written authorization. You also shall not use metatags or code or other devices containing any reference to Us or the Service orthe site in order to direct any person to any other web site for any purpose.
11) You will not modify, adapt, sublicense, translate, sell, reverse engineer,decipher, decompile or otherwise disassemble any portion of the Service or anysoftware used on or for the Service or cause others to do so.
INDEMNITY BY MEMBER: You will defend, indemnify, and hold Us and Ourofficers, directors, employees, agents and third parties harmless, for anylosses, costs, liabilities and expenses (including reasonable attorneys\' fees)relating to or arising out of Your use of the Service, including:
(i) Your breach of thisAgreement; (ii) any allegation that any materials that You submit to Us ortransmit to the Service infringe or otherwise violate the copyright, trademark,trade secret or other intellectual property or other rights of any third party;and/or (iii) Your activities in connection with the Service. This indemnityshall be applicable without regard to the negligence of any party, includingany indemnified person.
ONLINE CONTENT: Opinions, advice, statements, offers, or otherinformation or content made available through the Service, but not directly by Us,are those of their respective authors, and should not necessarily be reliedupon. Such authors are solely responsible for such content. WE DO NOT GUARANTEETHE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE ANDNEITHER WE ADOPT NOR ENDORSE NOR RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OFANY OPINION, ADVICE, OR STATEMENT MADE BY PARTIES OTHER THAN US. UNDER NOCIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROMANYONE\'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, ORTRANSMITTED TO MEMBERS.
WE RESERVE THE RIGHT,BUT WE HAVE NO OBLIGATION, TO MONITOR THE MATERIALS POSTED IN THE PUBLIC AREASOF THE SERVICE. WE SHALL HAVE THE RIGHT TO REMOVE ANY SUCH MATERIAL THAT IN OURSOLE OPINION VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT. NOTWITHSTANDINGTHIS RIGHT, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOUPOST IN THE PUBLIC AREAS OF THE SERVICE AND IN YOUR PRIVATE E-MAIL MESSAGES. E-MAILSSENT BETWEEN YOU AND OTHER MEMBERS THAT ARE NOT READILY ACCESSIBLE TO THEGENERAL PUBLIC WILL BE TREATED BY US AS PRIVATE TO THE EXTENT REQUIRED BYAPPLICABLE LAW.
INTELLECTUALPROPERTY. All intellectual propertyrights in the Service shall be owned by Us absolutely these include and are notlimited to database rights, copyright, design rights (whether registered orunregistered), trade marks (whether registered or unregistered) and othersimilar rights wherever existing in the world together with the right to applyfor protection of the same. All other trademarks, logos, service marks, companyor product names set forth in this website are the property of their respectiveowners.
PRIVACY: The personal information (including sensitivepersonal information) You provide to Us will be stored on computers. Youconsent to Us using this information to build up a profile of interests,preferences and browsing patterns and to allow You to participate in theService. All Members also agree to uphold and maintain Our Privacy Policy andto the terms and conditions thereof. If you are located outside of the UnitedStates, please note that the information that you provide is being sent to theUnited States. By becoming a member of the Service, you consent to your databeing sent to the United States and to such other third parties as may beinvolved in the provision and operation of the Service. You may read a fulldescription of our Privacy Policy.
DISCLAIMERS: WE PROVIDE THE SERVICE ON AN "AS IS"BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED, STATUTORY, INANY COMMUNICATION WITH OUR REPRESENTATIVES, OR US OR OTHERWISE WITH RESPECT TOTHE SERVICE. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We donot warrant that Your use of the Service will be secure, uninterrupted, alwaysavailable, or error-free, or will meet your requirements, or that any defectsin the Service will be corrected. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY ISMADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY.
We cannot guaranteethat each Member is at least the required minimum age, nor do we acceptresponsibility or liability for any content, communication or other use oraccess of the Service by persons under the age of 18 in violation of thisAgreement. Also it is possible that other Members or users (includingunauthorized users, or "hackers") may post or transmit offensive orobscene materials on the Service and that you may be involuntarily exposed tosuch offensive and obscene materials. It also is remotely possible for othersto obtain personal information about You due to Your use of the Service, andthat the recipient may use such information to harass or injure You. We are notresponsible for the use of any personal information that You disclose on theService. Please carefully select the type of information that You post on theService or release to others. We disclaim all liability, regardless of the formof action, for the acts or omissions of other Members or users (includingunauthorized users, or "hackers") of the Service.
LIMITATION OFLIABILITY: IN NO EVENT WILL WE BELIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS,COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISINGOUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE OR OUR AGENTS ORREPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,OR TO ANY PERSON OTHER THAN YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARYCONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESSOF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IFANY, BY YOU TO US FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
WE DO NOT SCREEN THE MEMBERS REGISTERING TO THE SERVICE IN ANY WAY. AS ARESULT, WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTALAND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF THIS SERVICE, INCLUDING,WITHOUT LIMITATION, TO DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITHOTHER MEMBERS OF THIS SERVICE, OR INTRODUCED TO YOU VIA THIS SERVICE. SUCHDAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY AND OREMOTIONAL DISTRESS AND DISCOMFORT.
COMPLAINTS: To resolve a complaint regarding the Service,You should first contact Our Customer Service department.
DISPUTE RESOLUTION: This Agreement is governed by the laws of theState of California without regard to its conflict of law provisions. You agreeto personal jurisdiction by and venue in the state and federal courts of theState of California, City of Los Angeles. This Agreement shall not be governedby the United Nations Convention on Contracts for the International Sale ofGoods, the application of which is hereby expressly excluded.
You certify that Youread and that You agree to be bound by the terms and conditions in thisAgreement.
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