- USE OF THE PLATFORM. You must be 13 years or older to access or use the Platform. If you are under 13, then You may not use or access the Platform under any circumstances. If You are 13 or older and younger than 18, then You may access and use the Platform only if you have your parents' or guardians' prior permission. By accessing or using the Platform, You represent that You are at least 18 or that you are at least 13 and have your parents' prior permission to do so. If you are a parent or guardian providing permission for a child age 13 or older to access or use the Platform, then you agree to accept full responsibility for that child’s use of and access to the Platform under this Agreement. You may access and use the Platform solely for lawful purposes and only in accordance with the terms of this Agreement and any other agreement You are required to agree to before being given access to any specific areas of the Platform (any such additional agreements are in addition to this Agreement and will govern your use of the portions of the Platform to which those additional agreements apply in the event of a conflict between the terms of this Agreement and those additional agreements). Kisscam reserves the right at any time and in its sole discretion to modify, suspend, or discontinue the Platform (or any portion thereof) with or without notice.
- REGISTRATION. Until you apply for and are approved as a registered user of the Platform (a “Registered User”), Your access to the Platform will be limited to the areas of the Platform generally available to all users. Your approval as a Registered User is at the sole discretion of Kisscam. In connection with Your application to become a Registered User, You will be asked to submit certain information about Yourself (“Registration Information”).
- YOUR ACCOUNT. If You are approved as a Registered User, You may be asked to create a password-protected account to access the areas of the Platform available to registered users (an “Account”). You agree to keep Your Account information and password confidential. You agree to notify Kisscam immediately of any actual or suspected unauthorized use of your Account. Your Account is solely for Your personal and non-commercial use. You may not sublicense, distribute, sell, use for service bureau use, lease, rent, loan, or otherwise transfer Your Account or the right to access your Account to any third party. You are solely responsible for all activities that occur through Your Account. Kisscam will not be responsible for any loss to You caused by your failure to comply with these obligations. You represent and warrant that: (1) all Registration Information You have provided is true, accurate, current, and complete; and (2) You will maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. As part of the registration process, you will be assigned or permitted to create a user ID for use in identifying your Account (a “User ID”). You may not: (a) select or use a User ID of another person with the intent to impersonate that person; (b) use a User ID in which another person has rights without such person’s authorization; or (c) use a User ID that Kisscam, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your Account.
- ACCESS TO APPLICATIONS. Subject to Your compliance with this Agreement, Kisscam may permit You to download and install Applications and operate those Applications solely for the purpose of using and accessing the Platform. You may install each Application only on a single computer or mobile electronic device or smart phone owned or controlled by You and used only for Your own personal and internal business purposes in accordance with this Agreement and any applicable documentation accompanying the Application or otherwise provided to You by Kisscam. Except as expressly set forth in the previous sentence, You are granted no licenses or other rights in or to any Application or any Intellectual Property Rights (as defined below) therein or related thereto. You agree not to use, modify, reproduce, perform, display, create derivative works from, republish, post, transmit, participate in the transfer or sale of, distribute, or in any way exploit or utilize any Application other than as expressly permitted in this Agreement or any other agreement You are required to agree to before being given access to any Application.
- TERM AND TERMINATION. This Agreement will be effective on the date You first use the Platform and will continue until terminated. Kisscam may terminate this Agreement, and Your access to any services accessible or made available through the Platform, immediately, for any reason or no reason, with or without notice to You. You may terminate this Agreement upon written notice to Kisscam, such termination effective 10 business days following acknowledgment of receipt of such notice by Kisscam. Kisscam may also suspend your use of the Platform and direct You to cease using the Platform with or without notice to You and with or without cause. Upon any termination of this Agreement, all rights granted to You under this Agreement will cease; if You are a Registered User, your Account will be closed, and You must promptly discontinue all use of or access to any part of the Platform or any Content downloaded or otherwise obtained or made available through the Platform. Sections 4, 5, 6, 7, 8, 9, 11, 12, 13, 14 and 17 will survive termination or expiration of this Agreement for any reason as they apply to the rights granted to Kisscam and the restrictions placed on You.
- CONTENT. The text, files, images, graphics, illustrations, information, data, audio, video, photographs, advertising, and other content (collectively, “Content”) available on the Platform or provided from or through the Platform (such Content and any other contents of the Platform, but excluding Provided Content (as defined below), collectively, “Platform Content”) are protected by the intellectual property rights, including, as applicable and without limitation, copyrights, trademarks, patents (and patent applications), trade secrets and other proprietary and intellectual property rights (“Intellectual Property Rights”) of Kisscam and its partners, affiliates, and licensors (“Affiliates”). Unless otherwise noted on the Platform, as between You, Kisscam and its Affiliates, all Platform Content is owned by Kisscam and its Affiliates. Your access to and use of any Platform Content is also subject to any other license or other agreement separate from this Agreement that You may have entered into (or may enter into) with Kisscam or any of its Affiliates relating to that Platform Content (each of those licenses or other agreements, a “Content Agreement”). Except as expressly set forth in this Agreement or any Content Agreement, You are granted no licenses or rights, whether by implication, estoppel, or otherwise, in or to the Platform or Platform Content, or any Intellectual Property Rights therein or related thereto, and You may not modify, reproduce, perform, display, create derivative works from, republish, post, transmit, participate in the transfer or sale of, distribute, or in any way exploit any portion of the Platform or Platform Content without the prior written permission of Kisscam. If you would like to use the Platform Content in a manner that is not expressly set forth in this Agreement or any other Content Agreement, please send your request to Kisscam by contacting Kisscam at
- MARKS. Unless otherwise labeled, all trademarks, trade names, service marks, logos, banners, and page headers displayed on the Platform (collectively, the "Marks") are the property of Kisscam and its Affiliates. Except as expressly set forth in this Agreement, You may not display, link to, or otherwise use the Marks without the prior written permission of Kisscam.
- POSTINGS AND UPLOADS. The Platform may include forums, bulletin boards, chat rooms, or other opportunities through which You may provide, transmit, upload, or otherwise make available Content to the Platform (such Content, “Provided Content”). You agree not to upload or provide any Provided Content that is: (1) libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy; (2) an infringement or misappropriation of the Intellectual Property Rights of any third party; (3) illegal in any way or that advocates illegal activity; or (4) an advertisement or solicitation of funds, goods, or services. KISSCAM IS NOT INTENDED TO BE A DATING OR SOCIAL WEBSITE. POSTINGS THAT CONTAIN NUDITY, ANY IMPLICATION OF SEXUAL CONTENT OR THAT ARE OTHERWISE RISQUÉ WILL NOT BE ALLOWED. We reserve the right not to post or remove any Content which in our sole discretion violates this Section 8 without prior notice. You represent and warrant to Kisscam and its Affiliates that You (a) own or have sufficient rights in all right, title, and interest in and to any Provided Content to grant Kisscam the rights discussed in this Agreement; and (b) that You have the written permission to use the name and likeness of each person displayed or referenced in any Provided Content and to grant Kisscam the rights discussed in this Agreement. You will indemnify, defend, and hold harmless Kisscam and its Affiliates from any and all third-party claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys’ fees and court costs) that result from a breach or alleged breach of any representation or warranty set forth in this Agreement. By providing or uploading any Provided Content to the Platform, unless otherwise stated in a separate agreement entered into by You and Kisscam in connection with Your upload of any Provided Content, You grant Kisscam a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, copy, store, reproduce, modify, display, adapt, publish, sell, translate, create derivative works from, distribute, and display such Provided Content throughout the world in any form, media, software, or technology of any kind. In addition, You waive all moral rights in the Provided Content or warrant that all moral rights applicable to such content have been waived. You also grant Kisscam the right to use Your name in connection with the reproduction or distribution of such material. The Platform may allow you to share Provided Content with other users of the Platform and to transmit Provided Content to other sites and services. In addition, the Platform may provide You with the option to allow certain other users of the Platform to view Provided Content. Your uploading of any Provided Content constitutes Your affirmative opt-in to the disclosure by Kisscam of Your Provided Content (which may include personally identifiable information) in accordance with the settings associated with Your Account.
- CONDUCT. You will not and will not permit any third party to: (1) use the Platform to harvest or collect e-mail addresses or other contact information of other users from the Platform by electronic or other means for the purposes of sending unsolicited e-mails or other unsolicited communications; (2) use the Platform in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Platform ; (3) use the Platform for any commercial purpose or in any automated manner; (4) use automated scripts to collect information from or otherwise interact with the Platform; (5) use the Platform to intimidate or harass any other people or entities; (6) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or method of operation of the Platform; (7) remove, bypass or circumvent any electronic protection measures on the Platform; (8) remove, alter, or obscure any copyright or other proprietary rights notices included on the Platform; or (9) upload to the Platform or provide to Kisscam any code or device capable of or intended to interrupt, harm or damage the Platform or Content or the operation thereof.
- CLAIMS OF INFRINGEMENT. Just as Kisscam requires users of the Platform to respect the copyrights and other intellectual property rights of Kisscam, its Affiliates, and other third parties, Kisscam respects the copyrights and other intellectual property rights of users of the Platform and other third parties. If You believe in good faith that Your copyrighted work has been reproduced on the Platform without authorization in a way that constitutes copyright infringement, You may notify our designated copyright agent by mail to:
Attn: Copyright Infringement Agent
P.O. Box 741
Morrison, Colorado 80465
Please provide the following information to Kisscam’s Copyright Infringement Agent:
- (1) the identity of the infringed work, and of the allegedly infringing work;
- (2) Your name, address, daytime phone number, and Email address, if available;
- (3) a statement that You have a good-faith belief that the use of the copyrighted work is not authorized by the owner, his or her agent, or the law;
- (4) a statement of the accuracy of the notice and, under penalty of perjury, that You are authorized to act on behalf of the owner; and
- (5) Your electronic or physical signature.
- REPRESENTATIONS AND WARRANTIES. You hereby represent, warrant, and covenant for the benefit of Kisscam and its Affiliates that: (1) You have the legal right and authority to enter into this Agreement, and, if You are accepting this Agreement on behalf of a company or other entity, to bind the company or other entity to the terms of this Agreement; (2) You have the legal right and authority to perform Your obligations under this Agreement and to grant the rights and licenses described in this Agreement and in any applicable additional agreement You enter into in connection with Your access to the Platform; and (3) all information You provide to Kisscam in connection with this Agreement and Your access to the Platform is correct and current.
- 12.1 DISCLAIMER AND LIMITATION OF LIABILITY.
Disclaimer. THE PLATFORM AND ALL CONTENT AND SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THE PLATFORM, OR OTHERWISE PROVIDED BY KISSCAM, ARE PROVIDED "AS IS" and “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. NEITHER KISSCAM NOR ITS AFFILIATES REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY CONTENT DISPLAYED ON, DOWNLOADED FROM, OR DISTRIBUTED THROUGH THE PLATFORM. you understand that by using the Platform, you may be exposed to content that YOU MAY FIND offensive, indecent or objectionable. Under no circumstances will KISSCAM be liable in any way for any content. YOU AGREE THAT YOUR ACCESS TO THE PLATFORM AND CONTENT IS AT YOUR OWN DISCRETION AND YOUR OWN RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE YOU INCUR THROUGH ACCESS TO OR USE OF THE PLATFORM OR ANY CONTENT. EXCEPT WHERE THE LAWS AND REGULATIONS OF A PARTICULAR JURISDICTION CONCERNING WARRANTIES CANNOT BE WAIVED OR EXCLUDED BY AGREEMENT, KISSCAM EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE PLATFORM AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOU RECOGNIZE THAT THE CURRENT STATE OF TECHNOLOGY DOES NOT ALLOW FOR ERROR-FREE ACCESS TO THE PLATFORM OR CONTENT AND THAT INTERRUPTIONS, CRASHES, AND DOWNTIME MAY OCCUR FROM TIME TO TIME.
12.2 Limitation. IN NO EVENT WILL KISSCAM BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR YOUR FAILURE TO GAIN ACCESS TO OR USE OF) THE PLATFORM OR CONTENT, EVEN IF KISSCAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. KISSCAM’s total aggregate liability for any damages arising out of or related to this Agreement will not exceed $100.
- INDEMNIFICATION. You hereby indemnify, defend, and hold harmless Kisscam and its Affiliates, employees, agents, contractors, assigns, licensees, and successors in interest (“Indemnified Parties”) from any and all claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys' fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation against any Indemnified Party arising from Your accessing or using the Platform or Content, or Your breach of any term of this Agreement. Kisscam will provide You with notice of any such claim or allegation, and Kisscam will have the right to participate in the defense of any such claim at its expense.
- LINKED SITES OR SERVICES. The Platform may contain links to, and enable You to provide Provided Content to, third-party sites or services that are not under the control of Kisscam, and Kisscam is not responsible for any content on any linked site or service. If you access, or provide any Provided Content to, a third-party Platform or service from the Platform, then you do so at your own risk. Kisscam provides links only as a convenience, and the inclusion of the link does not imply that Kisscam endorses or accepts any responsibility for the content on those third-party Platforms or services. You may not frame or otherwise incorporate into another Platform or service the Platform Content or other materials on the Platform without the prior written consent of Kisscam.
- NOTICES. Except as expressly stated otherwise, any notices required or allowed under this Agreement will be given to Kisscam by postal mail to the address for Kisscam listed on the Platform. If applicable law requires that Kisscam accepts E-mail notices (but not otherwise), then You may send Kisscam an E-mail notice at
. With respect to Kisscam's notices to You, Kisscam may provide notice of amendments by posting them on the Platform and You agree to check for changes. In addition, or in lieu thereof, Kisscam may give notice by sending E-mail to the E-mail address You provide during registration for the Platform. Notice shall be deemed given 24 hours after it is posted or an E-mail is sent, unless (as to E-mail) the sending party is notified that the E-mail address is invalid.
- GENERAL TERMS.
17.1 Assignment. You may not assign, delegate or transfer this Agreement or any of Your rights hereunder, and any attempt to do so will be null and void.
17.2 Integration. This Agreement sets forth the entire understanding of the parties and supersedes any and all prior oral and written agreements or understandings between the parties regarding the subject matter of this Agreement. This Agreement may not be modified except upon mutual written agreement of both parties. The waiver by either party of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.
17.3 Severability. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability, without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
17.4 Jurisdiction and Venue. This Agreement will be governed by the laws of the State of Colorado, without giving effect to any conflict of laws principles. The parties specifically exclude from application to the Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. You hereby irrevocably and unconditionally consent to the jurisdiction and venue in the state and federal courts sitting in Denver, CO. In any such dispute, the prevailing party will be entitled to recover its reasonable attorneys’ fees and expenses from the other party.
17.5 Modifications. Kisscam reserves the right, at any time, to add to, change, update, or modify the Platform or this Agreement. Kisscam will provide notice of any such addition, change, update, or modification by email or by posting the revised Agreement on the Platform. Any such addition, change, update, or modification will be effective immediately upon such email notice or posting on the Platform, and Your continued use of the Platform will constitute Your agreement to be bound by the addition, change, update, or modification.