MaleKissing MEMBER TERMS AND CONDITIONS
(YOU MUST BE AT LEAST 18 YEARS OLD TO REGISTER ON OR USE THE MaleKissing WEBSITE.
ACCESS OR USE OF THIS SITE OR ITS CONTENTS BY ANY PERSON UNDER THE AGE OF 18 IS
STRICTLY PROHIBITED.)
Please read this Member Terms and Conditions Agreement (the "Agreement")
carefully. The Agreement sets out the terms under which MaleKissing services
(the "Services") By registering with MaleKissing, you become a member of the Service (a "Member"),
and you agree to be bound by the terms and conditions of this Agreement (the "Terms")
for as long as you continue to be a Member. If you do not agree to the Terms,
please do not register for the MaleKissing Service or otherwise access or use
this Site. We reserve the right at any time to change the terms and conditions
of this Agreement;
* Change the Site, including eliminating or discontinuing any content
on or feature of the Site; or
* Change any fees or charges for using the Site. Any changes we make will
be effective immediately upon notice, which we may provide by means
including, without limitation, posting on the Site or email.
- Your use of the Site after such notice will be deemed acceptance of the changes.
Be sure to review this Agreement periodically to ensure familiarity with the
most current version. Upon our request, you agree to sign a non-electronic
version of this Agreement. REGISTRATION. To become a Member you must register
with us. When and if you register to become a Member, you agree to provide
accurate, current and complete information about yourself as prompted by our
registration form ("Registration Data"), and to maintain and update your
information to keep it accurate, current and complete. You agree that we may
rely on your Registration Data as accurate, current and complete. You acknowledge
that if your Registration Data is untrue, inaccurate, not current or incomplete in
any respect, we reserve the right to terminate this Agreement and your use of
the Site.
USERNAME AND PASSWORD. As part of the registration process, you will be asked
to select a username. We may refuse to grant any username that impersonates
someone else, is or may be illegal, is or may be protected by trademark or
other proprietary rights law, is vulgar or otherwise offensive, or may cause
confusion, as we determine in our sole discretion. You are responsible for the
confidentiality and use of your username and password and agree not to transfer
or resell your use of or access to the Site to any third party.
- YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR
USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH
YOUR ACCOUNT. ONLINE CONDUCT.
- As a Member, you agree that: You are solely responsible for the content or
information you publish or display (hereinafter, "post") on the Service, or
transmit to other Members. You will not post on the Service, or transmit to
other Members or employees, any defamatory, inaccurate, abusive, obscene,
profane, offensive sexually oriented, threatening, harassing, racially offensive,
or illegal material, or any material that infringes or violates another party's
rights (including, but not limited to, intellectual property rights, and rights
of privacy and publicity). Please notify us by using our contact page. of any material
contained in the Service that you believe
infringes these rules. You will use the Service in a manner consistent with any
and all applicable laws and regulations. You will not include in your profile any
telephone numbers, street addresses, last names, URLs, e-mail addresses, offensive
anatomical or sexual references, or offensive sexually suggestive or connotative
language, or any confidential information of any third person, and you will not
post any photographs or other images containing nudity or such personal
information. MaleKissing reserves the right, but has no obligation, to reject any
profile or photograph or image that does not comply with these prohibitions. You
will not post, distribute or reproduce in any way any copyrighted material,
trademarks, or other proprietary information without obtaining the prior consent
of the owner of such proprietary rights. You will not remove any copyright,
trademark or other proprietary rights notices contained in the Site. You will not
interfere with or disrupt the Services or the Site or the servers or networks
connected to the Services or the Site. You will not post, e-mail or otherwise
transmit any material that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the functionality of
any computer software or hardware or telecommunications equipment.
You will not forge headers
or otherwise manipulate identifiers in order to disguise the origin of any
information transmitted through the Service. You will not "frame" or "mirror" any
part of the Site, without our prior written authorization. You also shall not use
metatags or code or other devices containing any reference to MaleKissing.com or
the Service or the Site in order to direct any person to any other website for any
purpose. You will not modify, adapt, sub-license, translate, sell, reverse
engineer, decipher, de-compile or otherwise disassemble any portion of the Site
or any software used on or for the Site or cause others to do so. You are solely
responsible for your interactions with other Members. MaleKissing reserves the
right, but has no obligation, to monitor disputes between you and other Members.
- INDEMNITY BY MEMBER. You agree to indemnify, defend and hold us, our officers,
directors, employees, agents and representatives harmless from and against any
and all claims, damages, losses, liabilities, costs (including reasonable
attorneys' fees) or other expenses that arise directly or indirectly out of or
from (i) your breach of this Agreement; (ii) any allegation that any materials
that you submit to us or transmit to the Site 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 Site. This
indemnity shall be applicable without regard to the negligence of any party,
including any indemnified person.
- ONLINE CONTENT. Opinions, advice, statements, offers or other information or
content made available through the Service are those of their respective Member-
author and not of MaleKissing, and should not necessarily be relied upon. Such
Members are solely responsible for such content. MaleKissing does not guarantee
the accuracy, completeness or usefulness of any information on the Service and
neither adopts nor endorses nor is responsible for the accuracy or reliability of
any opinion, advice or statement made. Under no circumstances will MaleKissing be
responsible for any loss or damage resulting from anyone's reliance on information
or other content posted on the Service or transmitted to Members. The Site may
contain links to other Internet websites or resources. We neither control nor
endorse such other websites, nor have we reviewed any content that appears on such
other websites. You acknowledge and agree that we shall not be held responsible
for the legality, accuracy or inappropriate nature of any content, advertising,
products, services or information located on or through any other websites or for
the operation or policies of any such websites, nor for any loss or damages caused
or alleged to have been caused by the use of or reliance on any such websites or
such content or other information.
- WARNING - PLEASE READ: It is possible that other Members or users (including
unauthorized users, or "hackers") may post or transmit offensive or obscene
materials on the Service and that you may be involuntarily exposed to such
offensive and obscene materials. It also is possible for others to obtain personal
information about you due to your use of the Service, and that the recipient may
use such information to harass or injure you. MaleKissing is not responsible for
the use of any personal information that you may choose to disclose on the Service.
Please carefully select the type of information that you post on the Service or
release to others. MaleKissing reserves the right, but has no obligation, to
monitor the materials posted in any area of the Service. MaleKissing shall have
the right but not the obligation to remove any such material that violates, or is
alleged to violate, the law or this Agreement. Notwithstanding this right of
MaleKissing, you remain solely responsible for the content of the materials you
post in any area of the Service and your private email messages. E-mails sent
between you and other Members that are not readily accessible to the general
public will be treated as private by MaleKissing to the extent required by
applicable law and pursuant to the commercially reasonable efforts of MaleKissing.
We do not exclude any liability for death or personal injury due to our negligence.
- PROPRIETARY RIGHTS. MaleKissing owns and retains other proprietary rights in the
Services and the Site. The Services and the Site contain the copyrighted material,
trademarks and other proprietary information and software of MaleKissing and its
licensers. In addition, other Members may post copyrighted information, which has
copyright protection whether or not it is identified as copyrighted. Except for
that information which is in the public domain or for which you have been given
permission, you will not copy, modify, publish, transmit, distribute, perform,
display or sell any such proprietary information. By posting information or
content to any area of MaleKissing.com, you automatically grant, and you represent
and warrant that you have the right to grant, to MaleKissing and other Members an
irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy,
perform, display and distribute such information and content and to prepare
derivative works of, or incorporate into other works, such information and
content, and to grant and authorize sub-licenses of the foregoing.
- INFORMATION SUPPLIED BY MEMBER. We will respect your personal information and
undertake to comply with all applicable data protection legislation in Quebec
and other jurisdictions in which we offer the Service, subject to the Privacy
Policy of MaleKissing. The personal information (including sensitive personal
information) you provide to us will be stored on computer. You consent to us
using this information to build up a profile of interests, preferences and
browsing patterns and to allow you to participate in the MaleKissing.com Service.
All Members also agree to uphold and maintain our Privacy Policy and to the terms
and conditions thereof. You may read a full description of our Privacy Policy at
MaleKissing.com/signup.php.
- DISCLAIMER OF WARRANTY. MaleKissing PROVIDES THE SERVICE AND THE SITE ON AN "AS IS"
BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, IN ANY
COMMUNICATION WITH MaleKissing OR ITS REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO
THE SERVICE OR THE SITE. MaleKissing SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT.
MaleKissing DOES NOT WARRANT THAT YOUR USE OF THE SERVICE OR THE SITE WILL BE
SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR WILL MEET YOUR
REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICE OR THE SITE WILL BE CORRECTED.
MaleKissing DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO,
TELEPHONE OR OTHER SERVICE, INCLUDING COVERAGE, RANGE, OR ANY INTERRUPTION IN
TELEPHONE OR OTHER SERVICE. LIMITATION OF LIABILITY. IN NO EVENT WILL MaleKissing
BE LIABLE (i) 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) ARISING
OUT OF THE USE OF OR INABILITY TO USE THE SERVICE OR THE SITE, EVEN IF MaleKissing
OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, OR (ii) TO ANY PERSON OTHER THAN YOU. NOTWITHSTANDING ANY CONTRARY
PROVISION HEREIN BUT SUBJECT TO THE FOREGOING LIMITATION ON LIABILITY, IN ALL
EVENTS OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM
OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU
TO MaleKissing FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
- In addition, MaleKissing disclaims all liability, regardless of the form of action,
for the acts or omissions of other Members or users (including unauthorized users,
or "hackers") of the Service. Certain jurisdictions limit the applicability of
warranty disclaimers and limitations of liability so the above disclaimers of
warranty and limitations of liability may not apply to you. We do not exclude any
liability for death or personal injury due to our negligence. COPYRIGHT POLICY.
We respect the intellectual property of others, and we ask our Members to do the
same. If you believe that a copy of your work is available on the Service without
your consent or that a copyright infringement has otherwise occurred, please
supply us with the following information:
* A description of the copyrighted work that you claim has been infringed;
* Details of where the infringing material is located on the Site;
* Your address, telephone number and e-mail address;
* A statement by you that you believe in good faith that the use of the work on
the Site is not authorized by the copyright owner or any person entitled to
act on their behalf or by law; and
* An affidavit executed by you that the information you provide concerning the
copyright infringed is accurate and that you are the copyright owner authorized
to act on their behalf.
- COMPLAINTS. To resolve a complaint regarding the Service or the Site, you should
contact MaleKissing Customer Support at comments@MaleKissing.com GENERAL PROVISIONS.
This Agreement with you, set out in these Member Terms and Conditions, is governed
by Canadian law and you and we submit to the non-exclusive jurisdiction of the
Canadian Courts in the event of any dispute regarding these Terms or the Service
or the Site or any matter related thereto. This Agreement shall not be governed
by the United Nations Convention on Contracts for the International Sale of Goods,
the application of which is hereby expressly excluded. This Agreement, accepted
by you upon registering for the Service, contains the entire agreement between you
and MaleKissing regarding the Service and the Site, including the MaleKissing
Privacy Policy. In the event of any conflict between the Privacy Policy and this
Agreement, this Agreement shall control. Unless otherwise explicitly stated, the
Terms will survive termination of your membership to the Service. This agreement
shall terminate immediately and without notice if you breach any of the Terms,
subject to the survival of all rights and reservations of MaleKissing. If any
provision of this Agreement is held invalid, the remainder of this Agreement shall
continue in full force and effect. The Member certifies that the Member has read
and agrees to be bound by these Member Terms and Conditions. Refunds for paid
membership are given at the discretion of MaleKissing. Should you have any
questions regarding your payment, please direct them in the first instance to the
site administrator.
- Complaints Procedure
You agree that if You have any complaint about any content on Our Website(s), including
(but not limited to) a complaint or claim of defamation (libel or slander), invasion of privacy,
false light, trademark infringement, right of publicity claims, or any related or similar tort,
that You will provide notice to Us by email to help@mmwsupport.com
You agree that We shall have seven (7) business days after RECEIPT of said notice to evaluate
Your concern(s). After evaluating Your concern(s), We will either inform You that We do not believe
Your concern is valid, or We will request Your preference regarding an opportunity to cure Your concern(s).
This cure may include one of the following:
- We may offer to delete the offending material
- We may offer to modify the offending material
- We will engage You and seek any other alternative resolution that will mitigate Your damaged legal
interests - whether or not We are legally required to do so
You acknowledge and agree that upon transmission of Your complaint to us, You will be considered to
have engaged in settlement discussions with Us, and neither party will initiate formal legal action while
non-adversarial resolution is in progress. You agree that You will not file suit unless and until We
issue a statement to You that We have taken Our final action, and that no further action will be taken
without adversarial proceedings. At that point, You may proceed with arbitration as provided for under
this Agreement.
You acknowledge that once You accept any of Our offers of non-adversarial resolution, that You irrevocably
waive any and all possible claims for any allegedly offending material on Our Websites and that if You
do bring any action against Us that You hereby stipulate that You will bear Your own costs and fees
incurred in the action, regardless of the outcome of that action, and that You stipulate that Your
damages will be limited to $1, and no more, and that You hereby acknowledge that such amount of $1 is
sufficient and adequate.
You understand that no part of this Agreement obligates Us to go beyond that required by law, and this
Agreement is in place for Your convenience. If We believe that Your requests are unreasonable, We reserve
every right to terminate discussions with or file suit against You to recover any legal fees incurred
due to harassing or unreasonable requests.
- Content Removal Procedure
If you are depicted in any content hosted by our platform and believe that you did not give consent
for its use, or if consent is void under applicable law, you have the right to appeal for its removal.
To do so, please submit a written appeal to our complaints department, providing details of the content
in question and the reasons for your appeal. Upon receipt of your appeal, we will conduct a thorough
investigation into the validity of your claim. This may involve reviewing any consent forms or agreements
associated with the content, as well as any relevant laws or regulations. Once the investigation is
complete, we will communicate our decision to you in writing within 7 business days. If the outcome of
the investigation determines that consent was not given or is void under applicable law, the content will
be promptly removed from our platform.