ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND KISSCAM WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
You must be at least 13 years old to use the Service;
You are not allowed to post nude (or partially nude), harassing, derogatory, discriminatory, unlawful, hateful, pornographic or sexually suggestive photos or other content. You are also prohibited from posting photos or content that infringes the intellectual property rights of others;
All trolling, harassment and bullying are absolutely prohibited- NO EXCEPTIONS. Decency and respect for others is a foundation of our business and the Services. By using the Services, you agree that you will not troll, spam, bully, harass, stalk, intimidate or threaten any other person. This prohibition extends to any posts that involve private information of any other individual. “Private” information includes, but is not limited to, financial, personal or any other kind of nonpublic information (addresses, telephone numbers, etc.);
Any use of the Services that is illegal or unlawful is prohibited. Likewise, you will abide by any laws or regulations applicable to your use of the Services or the content and pictures that you post;
You must keep your Kisscam login credentials secret and secure. You are not allowed to obtain or use the login credentials of any other users of the Services. Similarly, you agree not to divulge your login credentials to anyone else. You further agree not to sell, transfer, assign or license any content or any other aspect of your account to any third party; you are only permitted to create an account or use the Services for your own benefit and not for anyone else;
You agree that all activity and conduct associated with your use of the Services and any account created with Kisscam is your responsibility. This means that you are exclusively responsible for all “content” that you post or transmit using the Services. The term “content” means without limitation any information, pictures, photos, works eligible for copyright, graphics, data, sound files, video clips, links or other materials that you post, transmit, store or share using the Services;
Kisscam is not responsible for any content posted within the Services - likewise, Kisscam does not implicitly endorse, support or agree with content shared or posted via the Services. You and Kisscam’s other users bear the sole responsibility for the content that you post and share with the Services. Kisscam is under no duty to monitor, prescreen remove or adjust any content within the Services.
Your use of the Services is limited to the publicly available functions of the Kisscam website and applications. With this in mind, you are not allowed to access or to modify the nonpublic aspects of Kisscam’s website, technology or application to include Kisscam’s source code or operational data. You also agree not to adapt another website to impersonate or imply that the website is associated with Kisscam. Accessing Kisscam’s private API is strictly prohibited except as authorized by Kisscam in writing. You are prohibited from inserting content, code or otherwise altering the way a Kisscam web or application page is rendered or displayed;
Use of malware, worms, viruses, hacking tool, spyware or any similar code is prohibited in conjunction with your use of the Services; you are also not permitted to establish new profiles or accounts or operate your existing account or profile using an automated program or system (i.e. bots, spiders, crawlers, scrapers and all variations or technologies of a similar nature); and
Any incorporation or use of domain names, web URLs or links in your username is prohibited unless approved by Kisscam in writing.
Additional Legal Terms
Modification and Termination of Services. Kisscam may modify or terminate the Services or your access to the Services at any time for any reason and without notice or liability to you. Kisscam may also remove any content shared, posted or displayed via the Services at any time and for any reason. Kisscam may refuse access to the Services to any user at any time for any reason. If we terminate your access to the Services or if you use the method detailed above to deactivate your account, your content and all other data will no longer be accessible through your account or from the accounts of other users. It is possible, however, that some of your content and data may exist if it has been shared or reposted by others. Upon termination of your account, any licenses granted you by Kisscam in conjunction with your use of the Services will end.
Any data charges associated with your use of the Services are your sole responsibility. Likewise, the means by which you choose to access Kisscam (including the Internet Service Provider that provides you access) is entirely at your risk and responsibility.
You agree and understand that you alone are responsible for your interactions with other Kisscam users. You acknowledge and agree that Kisscam is not responsible or liable for the conduct of any user of the Services. Kisscam has the right, but not the obligation, to monitor or become involved in disputes between you and other users. Kisscam expects all of its users to use good judgment when interacting with other users - this is especially important when or if you post or share content that includes identifying or personal information.
Accessing Third Party Sites from the Services. The Services may include communications or links to third-party websites or features. Sometimes these links may be imbedded in images or comments within the Services. The Kisscam app and websites may include third-party content that we do not control, maintain or endorse. Certain components of the Services may also permit interactions between the Services and third-party websites or functions. This includes applications that connect aspects of the Services with a third-party website or function. This is usually the case when social media sites interact with each other in such a way that the third-party site asks users to login to their account on the third-party site or app. PLEASE NOTE that accessing or logging into third party sites or apps from Kisscam will be at your own risk. Kisscam does not manage or control any of these third-party sites, services or their content. You expressly acknowledge and agree that Kisscam is not responsible or liable for any third-party services, functions or features. ALL CORRESPONDENCE AND DEALINGS (WHETHER BUSINESS OR PERSONAL) WITH THIRD PARTIES FOUND THROUGH THE SERVICES ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole discretion and risk, to use applications that connect the Services or your Kisscam account or profile with a third-party service. This may result in the third-party service accessing information from your account or profile. In choosing to allow the connection or interaction between the Services (as to your profile or account) and a third-party, you agree to the following: (i) if you contact or connect with a third-party service to share information, you are consenting to the sharing of information about your Kisscam profile; (ii) your interaction with third-party services may cause personally identifying information to be publicly disclosed by the third-party; and (iii) your interactions with a third-party is at your own option and risk. You agree to hold Kisscam harmless for any activities associated with your interactions with and permissions granted to third-parties.
You will need to make your own arrangements to backup or maintain a record of the content you post with the Services. Kisscam does not guaranty that a backup or usable record of your content is or will ever be available. Kisscam is not responsible for the loss or any content you post through the Services.
Kisscam’s website and applications may be supported by advertising revenue that involves advertisements and promotions. By accessing and using the Services, you agree that Kisscam may place advertising and promotions within the Services or in conjunction with your content. Advertisements, promotions and similar paid content may not be identified as such.
Kisscam’s name, logo and trade dress are registered trademarks of Kisscam LLC (the “Kisscam Marks”). You are not permitted to copy, reproduce or use the Kisscam Marks without Kisscam’s prior written consent. All elements of Kisscam’s online and application appearance, which includes page headers, graphics, text, images and icons are all components and are included in the definition of “Kisscam Marks.” The Services incorporate proprietary content that Kisscam owns or licenses from others (the “Kisscam Content”). In exchange for your use of the Services, you agree not to modify, use, adapt or misappropriate any Kisscam Content or Kisscam Marks, all of which are protected by United States and international trademark, copyright and other intellectual property protection laws and conventions.
WARRANTY AND OTHER DISCLAIMERS
Because of the basic nature of the Internet, mobile application technology and the complex systems that support and run Kisscam and the Services, there may be brief periods when the Services are not available. This includes times of scheduled maintenance or failures in network systems, communication systems and other systems upon which Kisscam and the Services rely. Please understand that Kisscam always strives to provide its users with the best and most rewarding experience possible. Consequently, Kisscam will work diligently to minimize any service interruptions that occur.
THE SERVICES AND KISSCAM CONTENT IS PROVIDED ON AN "AS-IS,” “WHERE-IS", "AS-AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER KISSCAM NOR ITS AFFILIATES, OFFICERS, EMPLOYEES, MANAGERS, AGENTS OR CONTRACTORS (THE "KISSCAM PARTIES") MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, AS TO: (A) THE SERVICES; (B) THE KISSCAM CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO KISSCAM OR VIA THE SERVICES. THE KISSCAM PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUSES, MALWARE AND THE ILLEGAL OR UNLAWFUL ACTS OF OTHERS.
BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
AS STATED ABOVE, THE KISSCAM PARTIES DO NOT ENDORSE ANY USER CONTENT AND SPECIFICALLY DISCLAIM ANY LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
Limitation of Liability; Waiver
THE KISSCAM PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICES; (B) THE KISSCAM CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICES; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE KISSCAM PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICES; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY MALWARE, VIRUS, HACKING, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, COMMUNICATION OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE KISSCAM PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THIRD PARTY ACTIONS). THE KISSCAM PARTIES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE MAXIMUM AMOUNT OF ANY LIABILITY OF THE KISSCAM PARTIES TO YOU IN ANY EVENT FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION CANNOT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
YOU AGREE THAT IF YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF KISSCAM’S ACTS OR OMISSIONS (WHETHER REAL OR CLAIMED), THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE REMEDY THAT PREVENTS THE EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE KISSCAM PARTIES. YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE KISSCAM PARTIES.
BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. IN ACCORDANCE WITH THIS WAIVER, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
KISSCAM IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU AGREE TO RELEASE THE KISSCAM PARTIES FROM ALL CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
Selective Arbitration of Disputes Between You and Kisscam.
This arbitration provision DOES NOT APPLY if you opt out (see below) or for disputes involving intellectual property (trademarks, copyrights, etc.) or violations of items 2, 3, 4, 8 or 9 of the Basic Terms described above.
As an alternative to arbitration, you are welcome to bring a “small claims” action for any dispute or claim associated with the Kisscam Parties in the "small claims" courts of Jefferson County, Colorado. This provision only applies if permitted by the small claims court's rules. Any such claim may only by brought on your own behalf.
You may opt out of this agreement to arbitrate by notifying Kisscam in writing within 30 days of the date that you first became subject to this arbitration provision. Please include your name and personal (residential) address, the email address you use with the Services and a concise statement that you wish to opt out of this arbitration provision. Mail this information to the following address:
PO Box 741
Morrison, CO 80465
United States of America
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Kisscam.
WAIVER OF JURY TRIAL: Regardless of the applicability of the Arbitration provision and its enforcement or effectiveness, you and Kisscam agree that for ANY litigation, claim, dispute or suit (an “Action”) in any way related to your relationship with Kisscam and the Kisscam Parties, the Action can only be tried by a judge and not by a jury. This applies to any Action of any kind, whether in tort, quasi-contract, in equity, at law or otherwise. This jury trial waiver applies to every imaginable cause of action that could exist between you and the Kisscam Parties and is a material inducement for Kisscam to provide the Services at no cost to you.
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with Kisscam must be filed within ONE YEAR after the claim arose; otherwise, your claim is permanently barred.
Governing Law & Venue
Severability of Void or Unlawful Provisions
Kisscam's failure or inability to insist upon or to enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of the term or condition or any other term or condition. Kisscam reserves the right to change this dispute resolution provision; any change will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of your dealings with Kisscam.