PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 07/17/2017.
1. ACCEPTANCE OF TERMS.
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with KinkCell and our subsidiaries and affiliates, in association with the use of the website, which includes KinkCell.com, (the "Site") and its Services, which shall be defined below.
2. DESCRIPTION OF WEBSITE SERVICES OFFERED.
2.1. The Site is a social networking website which has the following description: “KinkCell.com is an exclusively adult fetish social network community.”
2.2. Any and all visitors to our site, despite whether they are registered or not, shall be deemed as "users" of the here in contained Services provided for the purpose of this TOS. Once an individual registers for our Services, through the process of creating an account, the user shall then be considered a "member."
2.3. The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of KinkCell. At its discretion, KinkCell may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. KinkCell does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that KinkCell shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such KinkCell shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalisation settings.
3.1. To register and become a "member" of the Site with a Profile, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving Services under the laws and statutes of the United States or other applicable jurisdiction.
3.2. In order to use the Services, users must have access to the World Wide Web and must navigate the Internet to www.kinkcell.com. Individuals who are less than 18 years of age or are not permitted to access mature or adult content under the laws of any applicable jurisdiction may not access KinkCell.com. If KinkCell learns that anyone under the age of 18 has accessed the Services, their access to KinkCell.com will be terminated.
Registered sex offenders convicted of sexual violence and/or non-consensual sexual offences are not permitted to have accounts on KinkCell. KinkCell does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation or any other protected status when making decisions on the termination of accounts.
3.3. When you register, may collect information such as your name, e-mail address, birth date, gender, mailing address, occupation, industry and personal interests. You can edit your account information at any time. Once you register with and sign in to our Services, you are no longer anonymous to us.
3.4. Furthermore, the registering party hereby acknowledges, understands and agrees to:
3.4.1. Furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process;
3.4.2. You further represent and warrant that you are 18 years of age or older and that your use of the KinkCell Service will not violate any applicable law.
3.4.3. Maintain and promptly update your registration and account information in an effort to maintain accuracy and completeness at all times.
3.4.4. Your membership is for your sole, personal use, and you will not authorise others to use your account You are solely responsible for all Content published or displayed through your account, and for your interactions with other Users.
3.4.5. If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, KinkCell will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of KinkCell Services, or any portion thereof.
Users are invited to post content to their profile (“Profile”) subject to the following limitations:
4.1 KinkCell may limit the amount of bandwidth dedicated to any account;
Profiles may not include telephone numbers or street addresses.
4.4. Under no circumstances may Profiles be used to infringe the copyright or any other right of any person or entity including your Profile.
4.5. The Profile service may only be used by people who are at least 18 years old.
4.6. KinkCell assumes no responsibility for inaccurate, inappropriate or offensive material, products or services posted by a User on their profile.
4.7. KinkCell reserves the right, at its sole discretion, to reject, refuse to post or remove any Content posted by you, and to restrict, suspend, or terminate your access to all or any part of the KinkCell Network at any time, for any or no reason, with or without prior notice, and without liability.
4.8. KinkCell reserves the right, at its sole discretion, to delete materials stored for an excessive period while the user's account has been inactive.
5. CREDIT CARD DETAILS.
KinkCell will never ask for Credit Card details and request that you do not enter it on any of the forms on KinkCell. Our payment providers handle all the financial transactions through their secure services. Please be sure you are on their service before entering any details.
6. PAYMENTS AND REFUNDS.
To request a refund you have to email email@example.com within 7 days of the transaction and request a refund. Refunds will be for the full price of the transaction. KinkCell does not refund any interest or transaction fees that might have been charged to you by your financial institution.
8. MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY.
When you set up an account, you are the sole authorised user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your responsibility to notify KinkCell immediately if you notice any unauthorised access or use of your account or password or any other breach of security. KinkCell shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
9.1. As a user or member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by.
9.2. Furthermore, you herein agree that by using KinkCell's Services you will NOT be:
9.2.1. Uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libellous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
9.2.2. Personally attacking, making fun of, trolling, flaming, bullying, stalking or otherwise harassing another member.
9.2.3. Creating profiles which are used explicitly or in part for the purpose of harassment, or to make attacks on others. Creating profiles to separate personal and business, or different facets of a personality are acceptable.
9.2.4. Make or promote any type of racism or hate towards anyone in specific or a group of people, unless in the context of role-playing between consenting parties.
9.2.5. Uploading, posting, emailing, otherwise transmitting, or posting links to any Content that promotes having any type of sexual relationship with a minor.
9.2.6. Upload pictures or videos that contain any children less than 18 years of age. Even if they are in the background of the image.
9.2.7. Upload, post, email, otherwise transmit, or post links to any Content that promotes having any type of sexual relationship with a minor.
9.2.8. Causing harm to minors in any manner whatsoever.
9.2.9. Sexualising or publicly fantasising about the following topics: murder, animal abuse, and any activities involving minors. You may have strictly intellectual discussions regarding these topics.
9.2.10. Creating any event to promote a session with a phone sex operator, professional Dominant or professional submissive.
9.2.11. Publicly posting the schedule, price list or phone number of a phone sex operator, professional Dominant or professional submissive on KinkCell except in a group led by that person or in a group explicitly created for the purpose of posting such information.
9.2.12. Publicly soliciting for clients on behalf, directly or indirectly, of phone sex operators, professional Dominants and professional submissives in any group except in a group led by that person or in a group explicitly created for the purpose of posting such solicitations.
9.2.13. Soliciting or selling any kind of sex for hire.
9.2.14. Impersonating any individual or entity, including, but not limited to, any officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
9.2.15. Making false accusations. Relevant law authorities will be fully cooperated with, to provide evidence of such accusations, if requested to do so by the same authority. KinkCell will take no responsibility for, and you indemnify KinkCell against accusations made by a User.
9.2.16. Uploading, posting, emailing, transmitting private conversations between two people in any public forum on KinkCell without the expressed written consent of the people who are involved in said private conversation.
9.2.17. Posting, directly or indirectly, any personally identifying information about another member without their consent. Personally identifying information can include, but is not limited to, a person's full name, first name, last name, email address, profession, phone number, address and place of work.
9.2.18. Forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
9.2.19. Uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
9.2.20. Uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship
9.2.21. Uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorised advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been designated for such purpose;
9.2.22. Uploading, posting, emailing, transmitting, or otherwise offering links to any material that is false, misleading, or designed to manipulate any equity, security, or other market.
9.2.23. Advertising, offering for sale, or selling any of the following items:
23.a. Any firearms, explosives, or weapons.
23.b. Any items that are hateful or racially, ethnically or otherwise objectionable, that contain child pornography, or are harmful to minors.
23.c. Any controlled substances or pharmaceuticals.
23.d. Any counterfeit or stolen items.
23.e. Any goods or services that do not, in fact, exist.
23.f. Any registered or unregistered securities.
23.g. Any items that violate or infringe the rights of other parties.
23.h. Any items that you do not have the legal right to sell.
23.i. Any items where paying KinkCell any of the required transactional or listing fees would cause KinkCell to violate any law.
9.2.24. Uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment.
9.2.25. Disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability to participate in any real time interactions;
9.2.26. Interfering with or disrupting anyKinkCell Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
9.2.27. Intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
9.2.28. Providing informational support or resources, concealing and/or disguising the character, location, and or source to any organisation delegated by the United States government as a "foreign terrorist organisation" in accordance to Section 219 of the Immigration Nationality Act;
9.2.29. Collecting or storing personally identifying information about any other user(s) for commercial purposes without the expressed consent of the user(s) or for any unlawful purposes.
9.2.30. Using KinkCell.com to do any academic or corporate research without the expressed written consent of KinkCell;
9.2.31. Creating a user profile for a business, organisation, website, or event that is not related to kink/fetish/BDSM/Leather. Profiles for kink-related businesses will be reviewed and accepted on a case by case basis.
9.2.32. Cross-posting the same message in a forum, comment or by email, be it by one person or multiple people, more than 3 times in a day.
9.2.33. Selling, distributing, or making any commercial or unlawful use of data obtained from any KinkCell database or make any other use of data from any KinCell database in a manner which could be expected to offend the person for whom the data is relevant.
9.2.34. Collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
9.2.35. Creating a new account in order to access the Products and Services after your account or access has been terminated by KinkCell
9.2.36. Disobeying any KinkCell employee or representative or interfere with any action by any KinkCell employee or representative to redress any violation of these Terms and Conditions.
9.3. KinkCell herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or members.
9.4. KinkCell herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
9.4.1. Compliance with any legal process;
9.4.2. Enforcement of the TOS;
9.4.3. Responding to any claim that therein contained content is in violation of the rights of any third party;
9.4.4. Responding to requests for customer service; or
9.4.5. Protecting the rights, property or the personal safety of KinkCell, its visitors, users and members, including the general public.
9.5. KinkCell herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by KinkCell or any other content providers supplying content services to KinkCell. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorised reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
10. MEMBERS OF THE MEDIA.
10.1. ''I certify that I am not a member of the media, or that if I am, I am participating on KinkCell solely for my personal enjoyment and not as part of any investigation or gathering of information and that I will not use any such information in any manner without the express written permission of KinkCell.
10.2. I agree that everything that I observe here will be kept in strict confidence, and that I will do nothing to jeopardise the privacy and identities of any other participant without the expressed written permission of KinkCell''.
11. CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES.
11.1. KinkCell shall not lay claim to ownership of any content submitted by any visitor, member, or user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for KinkCell the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
11.1.1. The content submitted or made available for inclusion on the publicly accessible areas of KinkCell's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of KinkCell's sites, and shall terminate one month after when you elect to discontinue your membership.
11.1.2. Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of KinkCell's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of KinkCell's sites and shall terminate at such time when you elect to discontinue your membership.
11.1.3. For any other content submitted or made available for inclusion on the publicly accessible areas of KinkCell's sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.
12. LIMITED LICENSE.
12.1. KinkCell claims no ownership interest in any of the Content (including, without limitation, pictures, videos and writing) posted by you on KinkCell.com, and the copyright to all such Content shall remain with its original owner. By posting Content on KinkCell.com, you warrant and represent that you own the Content posted by you or otherwise have the right to grant the license set forth in this section, and that such Content does not violate the rights of any third party. You agree to pay all royalties and fees owing to any person by reason of any Content you post on KinkCell.com.
12.2. You grant and assign KinkCell or its affiliates the right and authority to enforce your DMCA and any and all intellectual property rights against alleged infringers at your request. This provision does not constitute in any way a partnership, joint venture or any other fiduciary relationship between you and KinkCell. Further, KinkCell does not warrant or guarantee that it can or will enforce your intellectual property rights against alleged infringers.
12.3. KinkCell reserves the right through this limited license to enforce your rights at your request, however, it remains the sole and primary responsibility of each member, the Content creator and owner, to police and enforce your rights against alleged infringers.
12.4. KinkCell will terminate access for users who are repeat offenders of copyright infringement. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
12.5. If you feel that your material does not constitute infringement, you may provide KinkCell with a counter notification by written communication to the attention of "DMCA Counter Notification Dept." at firstname.lastname@example.org that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of legal counsel.
13. CONTRIBUTIONS TO COMPANY.
13.1. KinkCell provides an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:
13.1.1. Your contributions do not contain any type of confidential or proprietary information, the idea and/or related materials are wholly original with you, that no one else has any rights in the idea and/or materials
13.1.2. Your contributions will be subject to these Terms and Conditions;
13.1.3. KinkCell shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
13.1.4. KinkCell shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit without obtaining permission or license from any third part.
13.1.5. The contributor's Contributions shall automatically become the sole property of KinkCell and
13.1.6. KinkCell is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
14. COMMERCIAL REUSE OF SERVICES.
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to KinkCell's sites.
15. USE AND STORAGE GENERAL PRACTICES.
15.1. You herein acknowledge that KinkCell may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting or any other uploaded content shall be retained by KinkCell, nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Service, the maximum disk space allowable that shall be allocated on KinkCell.com's servers on the member's behalf, and/or the maximum number of times and/or duration that any member may access our Services in a given period of time. In addition, you also agree that KinkCell has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, KinkCell shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.
15.2. Any messenger service, which may include any web-based versions, shall allow you and the individuals with whom you communicate with the ability to save your conversations in your account located on KinkCell's servers. In this manner, you will be able to access and search your message history from any computer with internet access. You also acknowledge that others have the option to use and save conversations with you in their own personal account on KinkCell.com. It is your agreement to this TOS which establishes your consent to allow KinkCell to store any and all communications on its servers.
KinkCell shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
17.1. As a member of KinkCell.com, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to email@example.com or by using the automatic option implemented on our website.
17.2. As a member, you agree that KinkCell may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
17.2.1. Any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
17.2.2. By way of requests from law enforcement or any other governmental agencies;
17.2.3. The discontinuance, alteration and/or material modification to our Services, or any part thereof;
17.2.4. Unexpected technical or security issues and/or problems;
17.2.5. Any extended periods of inactivity;
17.2.6. Any engagement by you in any fraudulent or illegal activities; and/or
17.2.7. The nonpayment of any associated fees that may be owed by you in connection with your KinkCell.com account Services.
17.3. Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.
17.4. The termination of your account with KinkCell.com shall include any and/or all of the following:
17.4.1. The removal of any access to all or part of the Services offered within KinkCell.com;
18. COMMUNICATIONS WITH USERS.
18.1. You consent to receive communications from KinkCell concerning your use of the Products and Services ("Communications"). The Communications may be those that KinkCell is required to send to you by law concerning the Products and Services ("Required Communications"). The Communications may also be those that KinkCell sends to you for other reasons. You consent to receive Communications electronically. KinkCell may provide these Communications to you by sending an email to the email address you provided in connection with your account or by posting the Communication on KinkCell.com. You may change the email address to which KinkCell sends Communications by visiting your account information page.
18.2. In order to receive Required Communications, you must provide KinkCell, upon registration with KinkCell.com, a valid email address to which KinkCell may send electronic mail.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that KinkCell shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
20. LINKS TO THIRD PARTY WEBSITES AND THIRD PARTY PRODUCTS.
20.1. KinkCell or any third parties may provide links to other websites and/or resources that are controlled and maintained by others, which allow a user to leave KinkCell to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology. KinkCell has no control over such sites and resources. Any link to other websites is provided only as a convenience. The inclusion of any link by an Artist or User does not imply and is not an endorsement of such websites. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that KinkCell shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
20.1. KinkCell may contain links to third party websites where Users can purchase goods or services from third party merchants ("Merchants"). By submitting an order to purchase any goods or services from Merchants, Users are obligated to complete such transactions, subject to the individual Merchant's terms and conditions governing such transactions.
20.2. Users are prohibited from submitting orders to purchase goods or services where they do not intend to complete such transactions.
20.3. By submitting an order to purchase goods or services from an individual Merchant, you acknowledge that you are entering into a transaction with that Merchant, and that KinkCell is not party to the transaction.
20.4. KinkCell has no partnership, joint venture, employer-employee, or franchisor-franchisee relationship with any Merchant accessible through KinkCell.
20.5. KinkCell cannot confirm that any particular Merchant is who that Merchant claims to be. Nor can KinkCell confirm the truth or accuracy of any statements made by Merchants or control whether Merchants who post statements on KinkCell will act in accordance with those statements.
20.6. KinkCell will not get involved in any dispute between Users of the Service and Merchants who post links on KinkCell.
20.7. You acknowledge and agree that KinkCell shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
20.8. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the KinkCell Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.
20.9. You agree that KinkCell shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Product and Services.
21. PROPRIETARY RIGHTS.
21.1. You do hereby acknowledge and agree that KinkCell's Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorised by KinkCell or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on KinkCell Services (e.g. Content or Software), in whole or part.
21.2. KinkCell herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarise work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorised access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by KinkCell for use in accessing our Services.
22. WARRANTY DISCLAIMERS.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
22.1. THE USE OF KINKCELL SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. KINKCELL AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
22.2. KINKCELL AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (I) KINKCELL SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) KINKCELL SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE KINKCELL SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (IV) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (V) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
22.3. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF KINKCELL SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL
22.3. NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM KINKCELL OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
22.4. A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
23. LIMITATION OF LIABILITY.
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT KINKCELL AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATAAND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAYHAVE BEENADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
23.1. THE USE OR INABILITY TO USE OUR SERVICE;
23.2. THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
23.3. UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
23.4. STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
23.5. YOUR SUBMISSION OF IDEAS AND/OR RELATED MATERIALS TO KINKCELL OR FROM ANY PERSON’S USE OF ANY ACCOUNT OR PASSWORD YOU MAINTAIN WITH KINKCELL.COM, REGARDLESS OF WHETHER SUCH USE IS AUTHORISED BY YOU.
23.6. AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
All users and/or members herein agree to insure and hold KinkCell, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
25.1. In the event you have a dispute, you agree to release KinkCell (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
26. SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS.
Should you intend to create or to join any service, receive or request any such news, messages, alerts or other information from our Services concerning companies, stock quotes, investments or securities, please review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this particular type of information, the phrase "Let the investor beware" is appropriate. KinkCell's content is provided primarily for informational purposes, and no content that shall be provided or included in our Services is intended for trading or investing purposes. KinkCell and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information.
27. EXCLUSION AND LIMITATIONS.
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
28. THIRD PARTY BENEFICIARIES.
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.
29. NO LICENSE; INTELLECTUAL PROPERTY OF KINKCELL AND OTHERS.
29.1. Except as expressly provided, nothing within any of the Products and Services shall be construed as conferring any license under any of KinkCell's or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise.
29.2. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate KinkCell and the Products and Services is protected by copyright, trademark, patent, or other proprietary rights of KinkCell and its affiliates, licensors (including, without limitation, Artists), and service providers.
29.3. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by KinkCell in connection with the Products and Services. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by KinkCell, any of KinkCell's affiliates, or any of KinkCell's service providers.
29.4. You agree not to use any of the trademarks or service marks or other Content accessible through KinkCell for any purpose other than the purpose for which such Content is made available to users by KinkCell.
29.5. You agree not to defame or disparage KinkCell, the trademarks or service marks of KinkCell, or any aspect of the Products and Services. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the Products and Services or any software or programs used in connection with the Products and Services or KinkCell.
KinkCell may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorised manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorised manner.
31. TRADEMARK INFORMATION.
You herein acknowledge, understand and agree that all of the KinkCell trademarks, copyright, trade name, service marks, and other KinkCell logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of KinkCell. You herein agree not to display and/or use in any manner the KinkCell logo or marks without obtainingKinkCell's prior written consent.
32. LINKING TO KINKCELL AND THE USE OF THE LOGO.
KinkCell offers a non-assignable, non-transferable, and non-exclusive license to link to KinkCell web sites, using KinkCell logos, subject to the following provisions.
32.1. KinkCell logos may be placed on a Web site for the sole purpose of creating a link to KinkCell and allowing users of your site to access the Products and Services on KinkCell.
32.2. KinkCell logos may not be used for any other purpose, including, among other purposes, to suggest sponsorship by, or affiliation with, or endorsement by KinkCell.
32.3. KinkCell logos may not be altered in any manner.
32.4. KinkCell logos must appear by themselves, with reasonable spacing (at least the height of the logo) between each side of the applicable logo and other graphic or textual elements.
32.5. KinkCell logos may not be used to disparage KinkCell, its products or services, or in a manner which, in KinkCell's reasonable judgment, may diminish or otherwise damage KinkCell's good will in KinkCell logos.
32.6. By using any such KinkCell Network logo, you acknowledge that KinkCell has exclusive rights to the logo, and that all good will generated through your use of the logo will inure to the benefit of KinkCell.
32.7. If you use KinkCell logos, you must include appropriate attribution, for example: "KinkCell® is a registered trademark of KinkCell". KinkCell reserves the right to revoke this license or to alter its terms from time to time, for any or no reason, with or without notice.
32.8. KinkCell reserves the right to take action against any use that does not conform to these provisions.
33. INTERSTATE COMMUNICATION.
Upon registration, you hereby acknowledge that by using KinkCell.com to send electronic communications, which would include, but are not limited to, email, searches, instant messages, uploading of files, photos and/or videos, you will be causing communications to be sent through our computer network. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that the use of this Service shall result in interstate transmissions.
34. CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE.
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resourcecenter/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
34.1. Are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
34.2. Agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;
34.3. Agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and
34.5. Agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.
35. GENERAL INFORMATION.
35.1. ENTIRE AGREEMENT.
This TOS constitutes the entire agreement between you and KinkCell and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to KinkCell Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other KinkCell Services, affiliate Services, third-party content or third-party software.
35.2. CHOICE OF LAW AND FORUM.
It is at the mutual agreement of both you and KinkCell with regard to the TOS that the relationship between the parties shall be governed by the laws of Federal Republic of Germany without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and KinkCell, shall be filed within the courts having jurisdiction within the Federal Republic of Germany. District Court located in said state. You and KinkCell agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
35.3. CHANGES IN TERMS AND CONDITIONS AND CHANGES IN PRODUCTS AND SERVICES.
KinkCell reserves the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services. KinkCell reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes.
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter contained herein and supersede any other agreements, proposals and communications, written or oral, between KinkCell's representations and you with respect to the subject matter hereof; except that any other terms and conditions located on any individual KinkCell web site or in connection with the Products and Services are incorporated herein by reference to the extent they do not conflict with these Terms and Conditions. To the extent that any other terms and conditions or terms of service conflict with these Terms and Conditions, those other provisions shall control with respect to the use of the particular web site and any Products or Services available on or through the web site or the respective Product or Service at which those other provisions may be found.
35.5. WAIVER AND SEVERABILITY OF TERMS.
At any time, should KinkCell fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
35.6. RELATIONSHIP OF PARTIES.
You acknowledge and agree that you and KinkCell are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.
35.7. NO RESALE, ASSIGNMENT, OR SUBLICENSING.
You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without prior express written authorisation of KinkCell.
35.8. NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY.
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
35.9. STATUTE OF LIMITATIONS.
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 1 year after said claim or cause of action arose or shall be forever barred.
35.10. TERMINATION; SURVIVAL.
These Terms and Conditions shall continue in effect for as long as you use the Products and Services, unless specifically terminated earlier by KinkCell. All provisions of these Terms and Conditions which impose obligations.
Should you violate these Terms and Conditions or any other rights of KinkCell, KinkCell reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all KinkCell properties. If you are aware of any violations of these Terms and Conditions, please report them at firstname.lastname@example.org. Please read the entire Terms and Conditions, as all KinkCells properties, Products and Services are offered subject to these Terms and Conditions.