"KINKYSPACE.COM" Terms of Service.

A. We’d like to help you get your pictures and profile online to share them and to help you express yourself to the world. The Terms of Service which follow establish the mutual relationship between us:

Either of us can break our tie at any time (though some obligations will go on after this Agreement terminates), but the Agreement that follows establishes the legal rights and responsibilities we will have in respect to each other while our relationship continues and afterwards.

What follows is a contract, and so you should read each of its provisions carefully so that you understand them. In order to post here, you have to enter into the following "Terms of Service" Agreement.

By clicking the button below that says, "Yes! I accept the Terms of Service and enter into this Agreement" and by uploading your picture and profile, you enter into the Agreement. You can’t change the Terms of Service or alter them in any way or only agree to some of the provisions.

If you don’t want to agree to the Terms of Service, you should use your browser "back" button or exit from this site by clicking this link here and proceed out of this website.

B. You can’t sneak in under the curtain to get onto our stage!

 

 

C. Establishment of this Agreement

 

 

Nature, Formation, Modification and Duration of Agreement, Definitions of persons mentioned in this Agreement. This Agreement (sometimes called "Terms of Service" in this Agreement) is made and entered into by and between "KINKYSPACE.COM" (a business name of ErosArts, Inc., a Pennsylvania Corporation) (also sometimes called "we" and "us" in this Agreement), and "you", a participant in the program administered by us, for good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged by you and "KINKYSPACE.COM"); Together, you and we are the "parties"; You become a Member by entering into this Agreement, and the other persons who do so are "Members", too. Your relationship with us (and that of other Members) is called a Membership in this Agreement. You will have expressed your assent, consent, and agreement to all of the terms of this Agreement by clicking on the link below ("Yes! I accept the Terms of Service and enter into this Agreement"). This Agreement is subject to change by us at any time through a procedure calculated and designed to inform you of the change: If we decide to change this Agreement, when we do so we will send you a notification of each change at the email address you provided at the time when you registered, or if you have updated your email address in your profile, to that email address. We will also post the changes on the web page at this address: http://kinkyspace.com/help_tos.php. You agree that this is a reasonable procedure that will reasonably and effectively communicate notices of Agreement changes to you. You also agree that, should you discontinue the use of the email address you provided to us at the time of registration, you will update your profile before you do so to provide a new email address that you regularly monitor for new email. You agree that if you use any of the Services offered by this website after we have transmitted an email in this manner, you thereby give your agreement and consent to the Agreement as it has been changed, regardless of whether you actually read or received the email notifying you of the change or whether you actually did or did not read the changes posted. If you do not wish to consent to the changes in this Agreement, you must cancel your Membership though this link and you must refrain from using the Services offered by "KINKYSPACE.COM". This Agreement remains in force and effect until or unless it is changed in accordance with the terms of this Paragraph or is otherwise terminated under the terms of this Agreement, or until your Membership is terminated. Some of your obligations to us under this Agreement or any successor Agreement survive any change or termination of this Agreement or the termination of your Membership for any reason.

 

B. Our Obligations to You.

We promise you the following, while you are a Member, subject to all of the terms of this Agreement,

 

1. We will provide you with a Service that enables you to post your photographs and personal profile information about you for the evaluation of our users, and which may eventually enable registered Members to contact you by instant message or email. In this Agreement, "Service" and "Services" are used interchangeably to mean the same thing.

 

2. We will operate the Service in a reasonable way under procedures that enhance your enjoyment and the benefit you will receive from the Service, to protect your autonomy, expression, freedom of choice and security in ways that seem reasonable to us (in our sole discretion) to accomplish these things. We have the right to run this web site and its Services or to terminate or modify any or all of them, or to terminate your Membership or that of anyone else as we choose, in our sole discretion. Our choices will balance competing interests and values, including our own, and our decisions may not satisfy everyone nor perfectly accomplish any particular goal mentioned in this Paragraph.

 

3. We will answer your questions in a reasonable time about these "Terms of Service" and the way our Service operates. We may decline to answer questions about proprietary information or trade secrets in the operation of our site or for any other good reason.

 

4. We will design and implement reasonable measures calculated to assure your reasonable (but attenuated and diminished) expectation of privacy in the context of a Service which, by its very nature, attracts public attention to your appearance and profile and puts you in contact with strangers; You will be able to post your photographs, personal profile, and comments, and eventually engage in instant chat with other persons in line with our Member Privacy, Security and Information Usage Policy.

 

5. When "KINKYSPACE.COM" changes this Agreement, it will send you an email advising you of the change and post the change as more fully explained in the controlling provisions above, in Part A. of this Agreement.

 

6. Our liability to you concerning any of these obligations is limited by the disclaimers of warranties contained in this Agreement.

 

C. A Summary of Your Obligations to Us.

 

The following language summarizes your obligations to us. Some of these obligations are more completely recited in other parts of this Agreement. In case of any conflict in the language of this Part C. with that of any other Part, the language in the other more particular but conflicting Part will control. You promise and represent to "KINKYSPACE.COM" all of the following, subject to all of the terms of this Agreement,

 

1. You are at least 18 years old at the present time. You agree that when you register, you will honestly and accurately enter the true date and year of your birth. You also agree that all of the other information you provide us for any purpose at any time will be truthful, accurate, and complete, as provided for in the controlling provisions in Section E. of this Agreement in the Registration Rules.

 

2. You agree to read the email messages we send you. If they announce a change or modification of these and you do not wish to agree to them, you agree that you must immediately cancel your Membership and that you will nevertheless be bound by those changes or modifications should you fail to immediately cancel your membership.

 

3. You agree to click on the Terms of Service link located on our homepage to check for changes or modifications in these Terms of Service as frequently as you use any of the Services offered by "KinkySpace.com".

 

4. You agree to update your email address as often as it changes.

 

5. You agree to read the provisions of this Agreement and to ensure that your conduct conforms to the rules and obligations set forth in them in every respect at all times. You agree not do any of the things that this Agreement prohibits. You agree to seek amplification or explanation from us in regard to any term, wording, or provision that you do not understand or which seems confusing or vague to you and to accept our explanation or interpretation, in our sole discretion, as authoritative, final, and controlling. You understand that more detailed Member Standards of Conduct and Registration Rules are contained in this Agreement and that, by accepting this Agreement, you are bound by them as they are presently articulated and as they may, in the future, be changed or modified.

 

6. You agree to obey the laws of every jurisdiction, national, state or provincial, and local that has authority over you in your use of our Services. You agree that you will not use the Service to infringe or violate the rights of any other person, any Member, or "KINKYSPACE.COM" through the Services we provide, or in any other manner with information you obtained using these Services. You agree that, in using our Services, you will at all times act reasonably and in good faith, and that you will not unreasonably burden or afflict or inconvenience the use of the Services by any other person, including (but not limited to) us. Important details concerning your obligations are contained in this Agreement under Member Standards of Conduct.

 

7. You agree that, in using our Services, you will accept sole and exclusive liability for the consequences of your own conduct in violation of this Agreement or in violation of the legal rights of any person, or in violation of the law. You understand that this Agreement contains Responsibility and Liability provisions that are important for you to understand in this regard. You agree that as a Member, you are using our Services for your own purposes and that the relationship between you and us is not a joint venture or partnership. We simply provide Services to you under this Agreement.

 

8. You agree that you will not share your password with any other person, nor through oversight or negligence allow any other person to learn it. You will not permit anyone other than yourself or us to gain access to your account. You will notify us immediately when you learn or suspect that the confidentiality of your password has been compromised. This obligation more fully explained and is controlled by Section D. of this Agreement, Member Privacy, Security and Information Usage Policy.

 

9. You understand that your registration entitles you and only you to use the Services provided to you at registration, and that no right or privilege or access granted to you concerning the Service can be sold, assigned, leased, given, rented, or transferred by you to any other person without our prior consent in writing. You promise that you will not do or attempt to do any of those things.

 

10. You agree that you will co-operate with us in any reasonable investigation we may conduct concerning the use of the Services by you or any other person. You will provide us with accurate, truthful, and complete statements, information, correspondence, records, and/or documents, promptly upon our request, and if asked to do so, you will provide it under oath. This duty is more fully explained in this Agreement under Use or Abuse of The Service.

 

11. You agree to tell us when you want to call it quits and terminate your active participation in the Services we provide by canceling your registration at this link. Some of your obligations under this Agreement may continue after termination as provided in this Agreement.

 

12. By posting your photograph and personal profile here, you voluntarily attract the attention and interest of many persons, and you ask them to comment or evaluate. You agree to waive any claims against anyone operating or using this Service for defaming you or for portraying you in a false light, for insulting you, or for bringing private facts any of them might know about you to public knowledge.

D. Member Privacy, Security and Information Usage Policy.

1. You agree that you are primarily responsible for assuring the confidentiality of your username, password, and the security of your account. Upon becoming a registered member of "KINKYSPACE.COM", we will create an account for you and you will select a unique username and password combination, which allows you to access the Service we provide. You agree that you may not transfer or assign them (or any of your rights under this Agreement) nor may you grant permission for their use to or by any other person. The username and password are confidential and proprietary material of "KINKYSPACE.COM" and you have a strict obligation to keep the username and password confidential. We may cancel your account at any time with or without providing you a new account, and/or issue you a new Username and Password combination for an existing account, at any time, or with or without cause, with or without prior notice to you and we may bar you from further registrations. Should the confidentiality of your username or password become compromised or should you have reason to believe that either may have become compromised by having been learned by a person other than you, you agree to immediately to inform us via E-mail to: help@kinkyspace.com.

 

2. The physical security of the data you upload to "KINKYSPACE.COM" has been protected by its special security protocols engineered to afford a high degree of integrity and protection against the theft, destruction, unauthorized use, or alteration of the information associated with you or collected from you. No one can guarantee absolute protection of data stored on servers, and we do not warranty or guarantee the protection and security of data, but we have a high degree of confidence that our protocols result in superior security.

 

3. You agree that the authorized representatives of “KINKYSPACE.COM” may gain access to your account and the information and data it contains and use it for any reasonable business purpose. They can, in their full, complete, and final discretion change or delete any of the contents of your account – to remove profane language, to remove images or text of any kind (such as images or text that are in violation of section F Prohibited Content) and, in short, to make any and all possible changes in their sole discretion, of any kind or sort whatsoever, for any reason or for no reason. You agree to keep and retain offline backup copies of every item of text, images, and/or design that may be of any value to you so that its deletion from your post will not irretrievably cause its permanent loss.

 

4. You agree that you have a diminished and attenuated expectation of privacy with respect to any information you provide or upload to “KINKYSPACE.COM” or which is collected by it in association with your identity. The very nature of this site puts you and your profile in the public eye for evaluation and rating and comment, and attracts instant chat and email from strangers. You agree to receive instant chat messages and email from strangers without limitation, qualification, or reservation by acceptance of this Agreement and through your use of the Services. You expressly consent to our technical use of the information, photographs, and data and/or other files that you upload or transmit in your use of the Service, including but not limited to backing it up (without any obligation to do so), caching, and any other technical use necessary or convenient to accomplish the technical operation of the Service. You consent to receiving email and instant messages (including advertisements and solicitations, even if they are duplicates) from “KINKYSPACE.COM”, and its associates, licensees, customers, and Members without temporal limitation, even if you have had no prior contact or communication with any such associate, licensee, customer, or member.

 

5. You agree that, by registering and uploading your images and information, you, yourself, are publishing them and that you are using our Services to do so . You warrant and represent to us that you possess all Publication Rights concerning any Content you use or employ in your use of our Services and that your use of our Services in connection with any Content violates the rights of no person whatsoever. You represent and warrant that you have the right to grant all of the rights granted in this paragraph. The term "Content" in this Agreement means everything and anything at all that is capable of publication, posting, uploading, transmission, or communication, including but not limited to text, images, video, music, programs, and anything else at all without limitation.

 

6. You agree that, at all times, we may examine, monitor, acquire any information associated with your use of our Services, and to disclose it to any person in our own sole and absolute discretion whenever we determine that disclosure is necessary, convenient or appropriate in discharging our legal obligation or to protect the rights or property of any person, including but not limited to ourselves, or in the enforcement of the terms of this Agreement.

 

7. We and third-party advertisers may set cookies or run scripts on your computer that enable us or our advertising partners to identify your computer and various selections made and websites and pages visited by you and other persons using your computers, for the purpose of directing advertising that we or they feel may be of the most interest to you, and to display that advertising. You consent to that.

 

8. You agree that the provisions of this Section, among others in this Agreement, survive the termination of this Agreement.

E. Registration Rules

You agree that:

 

1. All of the registration information you provide us about yourself – whether online or offline – whether in person at our parties and business events or in correspondence or otherwise - will be truthful, accurate, and complete. Without limiting the foregoing, you will provide your real name, date of birth and email address.

 

2. You will update your registration information in your account in a timely and prompt manner whenever the information collected from you at the time of registration changes. You will assure that it is complete and accurate as long as you maintain an account.

 

3. You will not register under the name of any other person, real or not, living or dead. or use registration information not your own.

F. Member Standards of Conduct: Prohibited Conduct and Content

1. You alone control your posts and instant chat in this Service, and accordingly, you are responsible for them and the consequences of your conduct. You agree that you will violate no law nor infringe any private right, trademark, or copyright in your use of the Services and you agree that you will use the Service in only a reasonable and responsible way. Without limiting the foregoing, you agree that you will not post or upload to "KINKYSPACE.COM", nor through its Service, publish, depict, promote, transmit, or communicate any content described below nor will you engage in any practice described below, whether done by only yourself or through the agency of any other person.

 

Prohibited Conduct and Content

 

 

a) The abuse or harassment or stalking or defamation of any person or giving help, encouragement, or assistance to any other person doing these things. The communication of any threat to any person. The communication of any threat of suicide. Content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual. Any contact, through the Service, or through any other means or modality whatsoever, with any person who has asked you not to contact that person by use of the Service or otherwise.

 

b) Any content that infringes the copyright, trademark, patent, or other intellectual property of any person or which violates the right to privacy of any person, including but not limited to the rights of publicity, publication, false light, or the public disclosure of private information. Any post that amounts to a tort against us or a third person, including, but not limited to, defamation or intentional infliction of emotional distress. Without limiting the foregoing, you agree that you will not use our Services in connection with any Content for which you do not possess all Publication Rights necessary for your intended use of that Content nor unless you possess written evidence of those Publication Rights except as otherwise specifically proved for in subparagraph 3. below. The communication or transmission of any other person’s personal identification information without that person’s prior signed release and permission for such use. (The term "personal identification information", as we use it in this Agreement, means all information personally associated with any person by law or custom, including without limitation, the name of and images depicting a person including any person’s actual or real name, any aliases, nicknames, professional names, maiden names, or pre-adoptive names, other than a Member chosen by or assigned to a person for use on this site, his or her date of birth, social security number, driver’s license number, the number given in a passport or other officially-issued identification document as that term is defined or described in 18 United States Code Section 1028 (d), expurgated or unexpurgated, redacted or unredacted images of any identification document mentioned or described in that Statute, any email address other than an anonymous email address issued by this site, the number associated with any bank account, debit card or credit card owned by or issued to any person at any time, any Personal Identification Number or other numbers or codes used for verification or security for any purpose and any username or username/password combination used or issued to be used online for access to any email account or to obtain services from any website or any interactive computer service of any nature whatsoever;

c) The violation of any law or the promotion of or facilitation of illegal conduct under the laws of any jurisdiction in which "KINKYSPACE.COM" may be accessed, including, but not limited to solicitation of any offense, the promotion, publication, or distribution of an illegal or unauthorized copy of another person's copyrighted work, including but not limited to pirated computer programs, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music files, images, videos, text files, graphic images, or links to any of them.

 

d) Any advertising, promotion, posting, product, service, relationship, business, commerce, offer, agreement, proposal, message, or communication that is illegal under the laws of any American or Canadian jurisdiction.

 

e) Any unfair, untrue, misleading, unfairly competitive, fraudulent or deceptive act, practice, or statement whether or not criminal under the laws of any jurisdiction, or which is calculated to achieve any such purpose.

 

f) Any program, file, data stream or other material which contains viruses, worms, "Trojan horses" or any other destructive or invasive program, regardless whether damage is intended or unintended, which may cause damage to any computer equipment, the loss or corruption of data or programs, an inconvenience to any person, or any alteration of any person’s computer’s settings or configuration;

 

g) Distribution, publication, or solicitation of personal identification information or sexual information about any person under the age of eighteen years, whether with or without the consent of that person.

 

h) Chain letters, pyramid schemes and lotteries, and any promotion or advertisement of any of them;

 

i) Information concerning the use, possession, sale, distribution, availability, or manufacture of drugs, drug paraphernalia, explosives, weapons, poisons, or other toxic or hazardous substances;

j) The use of a link to any web site or web protocol of any character from which  images, pictures, logos, graphics, or pages not owned or controlled by you may be viewed, received, downloaded, or accessed in any fashion, unless you have prior consent from the owners of such other site or sites. The posting of passwords of any web site or interactive computer service and any deeplink to the contents of any web site, or assisting in the evasion of membership fees of any other person or web site without the clear permission and consent of that person or site. Linking to any hidden page or file on any web site, not directly accessible from any other link on that web site.

 

k) The impersonation of another Member.

 

l) Use of our Services in connection with Content depicting or describing nudity, actual or simulated sexual conduct, sadism, masochism, bondage or excretory conduct, by photography, drawing or animation is prohibited, except as is provided as follows:

 

You may post erotic but non-obscene images only in compliance with the provisions of Title 18 United States Code Section 2257 and its implementing Federal Regulations as authoritatively interpreted by the courts of the United States or by the Department of Justice regardless of whether those statutes and regulations are constitutional. Although we will not provide you with any legal advice or forms, you should acquaint yourself with the laws concerning the publication of images depicting actual, explicit sex and certain kinds of nudity, because their publication outside compliance with federal law amounts to a crime. The law imposes certain duties on producers, including certain publishers, republishers and "secondary producers", of such content, including duties to inspect identity records and make and retain copies of them, to inquire about alias names used by the performers, to maintain and organize records concerning the performers and works containing the images, to prepare and affix disclosure statements to works containing such images, and to make records available for inspection by the Attorney General or his or her designee.

 

But this exception does not extend to any Content depicting or describing bestiality, necrophilia, coprophilia, urine, vomit, blood, gagging, the simulation of sex with persons under the age of 18 or the promotion of any Content, written or pictorial, as depicting or describing any person under the age of 18, rape, the infliction of serious pain, torture, the sexual penetration of restrained or gagged or blindfolded persons, or the sexual activity of persons with physical or mental disabilities or handicaps. Such described Content and any and all Content which is legally obscene in any jurisdiction within the United States or Canada is prohibited and you agree that you will not use our Services to publish, promote, advertise, transmit or distribute such Content.

 

You agree that you may not use our Service to post or publish any material harmful to minors on the World Wide Web.

 

 

m) Child pornography as defined by the laws of the United States, the laws of any American state, or in the laws of Canada, and any depiction or description of nudity, any partial nudity, or any sexual conduct with a person under the age of eighteen. Without the purpose of limiting the foregoing, you agree that you will never use our Services in connection with any Content describing or depicting any person under the age of 18. Ever.

 

n) Images depicting corpses, diseases, surgery, injury, or violence upon persons or animals.

 

o) Any attempt to hack or otherwise obtain unauthorized access to any data on any of our servers or the publication or distribution of any information that would facilitate the hacking of any server.

 

p) The posting in any public area of "KINKYSPACE.COM" of any program, algorithm, code, text, or information whose export is regulated by the laws of the United States.

 

q) The posting in any place of any information which may be used to unlawfully avoid taxes or to conceal any crime.

 

r) Any act that, alone or in its context, would tend to injure or diminish the goodwill or good reputation of "KINKYSPACE.COM" or subject it to liability or embarrassment as we may determine in our sole discretion, whether illegal or otherwise, without restriction.

 

2. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior express written permission. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of ‘KINKYSPACE.COM’.

 

3. You agree that you will not use our Services to upload, transmit, advertise, promote, display, or publish any content for which you do not possess Publication Rights to use the content in the manner that you wish to use it. You also agree that you will not use our Services to do any of those things unless you possess written evidence that you possess Publication Rights to use the Content in the manner that you wish to use it. 

 

(a) "Publication Rights" always includes copyright unless the content is in the public domain. You agree that you will not use our Services in connection with any Content unless you own all copyrights associated with such content and unless you can prove that you own all such copyrights, or unless you have the written permission of all copyright holders associated with the Content and signed by such copyright holders, to use the Content as you wish to use it, or unless the Content is in the public domain and you possess written evidence that the content is in the public domain.

 

(b) When persons, places, and/or trademarks are depicted in pictorial content, "Publication Rights" also includes the permission of the persons depicted, the owner of the places depicted, and the owner of any trademark depicted.  You agree that you will not use any pictorial Content in connection with our Service unless you have secured and possess the signed, written permission of all persons depicted in the Content or otherwise possessing any rights associated with the Content which may relate to your use of the pictorial Content. However, if you alone are depicted in pictorial Content which you alone have created and which has not been sold, assigned, or licensed to any other person, you do not need to possess written evidence that you have consented to the use of Content depicting only you.

 

(c) Also, if you are the sole author and creator of any text or design element, which you alone have created and which has not been sold, assigned, or licensed to any other person, you do not need to possess written evidence of your Publication Rights with respect to such text or design element.

 

(d) You agree that you will take down from our Service and stop using our Service in connection with any Content when you learn that you no longer possess all Publication Rights concerning any Content.

 

4. You agree that you will not use the Service in any manner that imposes an unreasonable or disproportionately large load on our infrastructure or unreasonably burdens, limits, restricts, or interferes with the use or enjoyment of the Service by any other person.

 

5. You agree to read any Email sent to you by "KINKYSPACE.COM" on a daily basis and not to filter or otherwise defeat the transmission of Email we send.

 

6. You agree that you incur liability under this Agreement for any unauthorized use and/or disclosure of your username/password combination caused by your intentional or negligent conduct.

 

G. "KINKYSPACE.COM"'s Proprietary Rights; Copyright and Trademark

1. You acknowledge and agree that "KINKYSPACE.COM"’s page design and layout and logos and other graphics and images are valuable intellectual property of "KINKYSPACE.COM" and are protected by copyright, trademark, service mark, patent, and other laws and rights associated with the protection of intellectual property. You will not use any of these items except as provided in this Section. Our protected intellectual property as described herein, received through your use of the Service, may be displayed, and used by you for your only when you use it in connection with the Service, provided that you must preserve any indicia of trademark or service mark, copyright, or patent, and that you may make no alteration or modification to the item of intellectual property.

 

2. Moreover, you acknowledge that all content contained in "KINKYSPACE.COM", including but not limited to the content contained in postings, is protected under the law of copyright, and is owned by or is licensed to "KINKYSPACE.COM", or its Members, and such content represents proprietary and valuable intellectual property. You agree and warrant that you will not use the content appearing in "KINKYSPACE.COM" in any public performance nor use, distribute, or republish such content in any manner inconsistent with the intellectual property rights of the owner of the Content.

 

3. Digital Millennium Copyright Act. If you believe that your work has been copied and posted on the "KINKYSPACE.COM" in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information consistent with the Digital Millennium Copyright Act (DMCA): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the our site including the URLs of web pages and/or hyperlinks; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the foregoing information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. "KINKYSPACE.COM" 's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:

 

DMCA Agent M Reider, "KINKYSPACE.COM" 624 Haws Ave.
Norristown, PA 19401, USA

 

Email: dmca@kinkyspace.com

It is the intention of "KINKYSPACE.COM". to fully comply with the DMCA, including the Notice and "take down" provisions and to benefit from the safe harbors immunizing it from liability to the fullest extent provided by law, and to the extent the Notice and "take down" requirements above may deviate from the requirements under the DMCA then the Notice requirements as provided by the DMCA shall control and are herein incorporated by reference.

The provisions of this Section, among others in this Agreement, survive the termination of this Agreement.

H. DISLCLAIMER OF LIABILITY

You understand and agree that the service provided is likely to be imperfect and you will accept the services "as is" and as they are provided, subject to each and every issue, problem, imperfection, or failure they may possess..

 

"KinkySpace.com" grants no warranties, express or implied, including but not limited to the implied warranties of merchantability, non-infringement of intellectual property, and fitness for a particular purpose, other than those which are implied by law and incapable of exclusion, restriction, or modification under applicable law, and it disclaims all responsibility concerning these matters and with respect to the conduct of any member of "KinkySpace.com", online or offline, to the maximum extent permitted by law. "KinkySpace.com" offers no assurance of uninterrupted or error free service. "KinkySpace.com" does not guarantee the security of any information you provide it or post or which may be disclosed by you in your use of the service it provides. "KinkySpace.com" does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained on its site nor used in the service provided. No oral or written information or advice given by "KinkySpace.com", its agents or employees shall create a warranty or in any way increase the scope of this section. No term of this agreement may be modified or changed except in writing and no oral representation or statement of any representative of "KinkySpace.com" is relied upon by you in entering into this agreement. You understand that you use the services provided only at your own risk. You understand and agree that all content provided is provided "as is" with no warranty of any sort whatsoever. You understand and agree that all services provided are provided "as is" and "as available" with no warranty of any sort whatsoever. You understand that erroneous and misleading information may be posted by other members and otherwise, that you rely on any information contained in the service at your own peril, and you understand that errors may remain undetected or uncorrected at any time whatsoever, inasmuch as "KinkySpace.com" has no duty to detect or correct information. "KinkySpace.com is not responsible to you for unauthorized access to your data or its disclosure by any person without your authorization. "KinkySpace.com" is not responsible to you for any delay in transmission of content or program downtime, nor for any virus, trojan horse, worm, or other deleterious program or instruction that you may receive as a result of your membership in "KinkySpace.com". In connection with the delivery or use of the service by any person, you waive any indirect, punitive, incidental, special, consequential or exemplary damages or any damages whatsoever including, without limitation: damages for loss of use; data goodwill; profits, or other intangible losses arising out of the use of, or inability to use, "KinkySpace.com" or the contents thereof, even if "KinkySpace.com" was previously advised of the possibility of such damages or for any other claim by you or by any other person. "KinkySpace.com" does not guarantee nor promise any particular results from the use of its service. "KinkySpace.com" does not warrant against the loss, theft or deletion of data, nor its accuracy or freedom from error nor omission of any data or service. "KinkySpace.com" does not guarantee or warrant the compatibility of your equipment, computer or software, (including but not limited to, the type of computer, computer configuration, compatible codex or codices, browser software, other software, dial up account, tcp/ip, winsock [or equivalent in any operating system] or online service). "KinkySpace.com" is not responsible for any delay or interruption in your service or your inability to access "KinkySpace.com" due to technical difficulties or failure of the internet, World Wide Web, phone lines, switching or any other causes. You assume all risk and accept all responsibility for any and all use of "KinkySpace.com", for the use of any materials or content (including programming, code, software, encryption, data, or other information technology) obtained from it. Some jurisdictions do not permit a disclaimer of consequential damages; you should consult the laws of the relevant jurisdiction in order to determine the efficacy of the foregoing disclaimer of consequential damages. The warranties on the part of "KinkySpace.com" contained in this TOS are given in place of and replace, exclude, and extinguish all and every other condition or warranty whatsoever on the part of "KinkySpace.com", written or oral, whether express or implied by statute, regulation, directive or any other legislative or administrative enactment, common law, trade usage, custom, or otherwise to the full extent permitted by law.

 

I. CAUTIONS ABOUT THE USE OF THIS SERVICE AND YOUR RELEASE OF LIABILITY

1. You know and agree that (with the exception of banner ads, FAQs and instructions, and design elements), the postings contained on "KINKYSPACE.COM" and the content they each display, were designed, written and posted, by persons, like yourself, having no collaborative relationship with us for the creation of any such content. You agree and understand that "we have absolutely no control over the nature of these postings or their content because they are user-submitted and automatically posted and transmitted by technical rather than human means." You agree that "KINKYSPACE.COM" has no duty to monitor any posts or instant chat or otherwise to review the use or postings or communications of any Member, notwithstanding any power we may have to do any of those things. We reserve the right to investigate postings and conduct which may be in violation of this Agreement. You understand and agree that there is no partnership, agency, or employment relationship between us and you or any of the Members and that we do not regularly nor routinely review, examine, censor, or monitor any of these postings nor exert oversight of such a nature as would protect you from offense, harm, injury, embarrassment, humiliation or other risk, and that by your participation in the services provided by "KINKYSPACE.COM", you bear some risk that, due to the conduct of other subscribers, you may be subjected the harm described here or to other harm.. You are advised to use your own judgment to evaluate all advertisements, solicitations, and other communications posted on this site or promoting such a posting prior to taking any action or transmitting any thing of value to any person in connection with them. You are advised not to share personal information about yourself, your name, your location or employment, your family, or your email address or telephone number with strangers. Please use caution, common sense, and safety when using our Services. You are solely responsible for your interactions with our other members.

 

2. By using the Service to post your images and personal profile, you invite and encourage attention by others, and in fact you ask others to evaluate you. You should have a thick skin if you do so. You understand that by doing so, you may attract negative comments and evaluations and that you may attract persons who react negatively to you and your appearance. These persons may contact you in our Services through any of the means of contact that are possible – inside or outside our Service. You understand that persons, including strangers, may contact you for unlawful purposes and with intent to harm you, to steal from you, to cheat you, or to make you sad. You also understand that the activity of Members and others who use the Services are generally not monitored or intercepted by us, and that postings, ratings, and contact from any of these persons cannot and will not be prevented by us. Please use caution, common sense, and safety when using our Service. You are solely responsible for your interactions with our other Members.

 

3. You may find other user's information or their communications to you to be offensive, harmful, inaccurate, or deceptive. Because we are not generally involved in member interactions, in the event that you have a dispute with one or more members or those persons who have posted, viewed, or used information on the "KINKYSPACE.COM" you release us, including our officers, directors, agents, subsidiaries, successors, assigns, and employees, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any use of "KINKYSPACE.COM" by any other person whatsoever. You acknowledge and agree that "KINKYSPACE.COM" is not responsible for any contact that you may receive as a result of your use of the Service, whether such contact is from cyberspace, by telephone, though e-mail, by snail mail, in person, or consisting of advertising spamming, solicitation, harassment, stalking, abuse, or recruitment.

 

4. You hereby unconditionally release "KINKYSPACE.COM from all liability in connection with the content of any postings, ratings, evaluations, comments, and messages, the deletion or modification of any posting, the use of any content which you may post or transmit by Members or any other persons, and any use of or access to your postings by any person.

 

5. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: "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."

 

6. You agree that the provisions of this Section, among others in this Agreement, survive the termination of this Agreement.

 

7. Your Responsibility to Control Content, Your Release. You alone are responsible to know and control the content of your postings. You alone are legally responsible for their content. You acknowledge and agree that "KINKYSPACE.COM" will not actively or regularly control, supervise, monitor or censor the content of your postings, though it reserves the right to do at its option. We need not control public access to your postings, by age or otherwise. You hereby unconditionally release us from all liability in connection with the content of any postings, the deletion or modification of any posting, the use of such content by subscribers or any other persons, any advertising or promotion of any postings including, but not limited to your own, and any use of or access to your postings by any person.

 

 

 

 

J. USE OR ABUSE OF THE SERVICE

 

1. You alone are responsible to know and control the content of your postings. You alone are legally responsible for their content. You acknowledge and agree that we will not actively or regularly control, supervise, monitor or censor the content of your postings, though we reserve the right to do at our option.

2. We reserve the right to investigate into claims of misconduct or the violation of this Agreement and to delete postings in the exercise of our sole discretion. You understand that the number, variety of such postings, and the content of any of them will not remain fixed, but that over time, additions and eliminations of such postings will take place and that the content found on any of the respective postings will change both by addition and elimination. You agree to promptly and diligently co-operate in good faith with all requests made by us to investigate any violation or allegations of violation of any of the terms contained in this Agreement and/or to verify your compliance with this Agreement and you agree to provide us with such documents, records and statements, including but not limited to your recorded or transcribed statements under oath, and to execute such consent forms to obtain documents, records, and statements not in your actual possession, as we may reasonably request. You understand that we reserve the right to proceed against you for damages, injunction, or other relief should you violate the terms of this Agreement and we may, in ours sole discretion, terminate your membership for such a violation and/or report your identity to any law enforcement agency or other agency of government without prejudice to its broader rights of disclosure under Part D. of this Agreement. We may elect to disclose any information about you and/or your activities to any law enforcement agency. These provisions survive the termination of this Agreement for any reason.

 

K. INDEMNIFICATION AND DEFENSE

1. You agree to indemnify, defend and hold us (and any of our owners, operators, employees, agents and attorneys) harmless from any and all cost, expense or liability (including but not limited to any fine, award or judgment or settlement) arising or deriving from any prosecution, claim, civil litigation, administrative action, arbitration, mediation or litigation of any character whatsoever arising in any manner whatsoever from your access to "KINKYSPACE.COM", your use of any password or username assigned to you by us, your conduct and contact with respect to any Member or any other person, your use of any content posted to or downloaded from "KINKYSPACE.COM", and your use of any Services provided by "KINKYSPACE.COM", that "KINKYSPACE.COM" and/or its owners, officers, employees, agents, and attorneys may incur as a result of your use of any of the Services offered by us or otherwise.

 

2. Your duty to defend persons under this Agreement includes the duty to reimburse the legal expense, fees, and expenses of defense though counsel of our own selection and we alone shall have the right to control any such defense.

 

3. The provisions of this Section, among others in this Agreement, survive the termination of this Agreement.

 

L. Termination of the Service

 

1. When your use of the Service seems to violate Agreement, "we may, but do not have to, advise you of your obligations under this Agreement and we may take any action provided for in this Agreement."

 

2. Should you violate any of the terms of this Agreement, or should we have a reasonable suspicion that you have done so, we may, in its absolute discretion, cancel your registration, bar future registration, or take any other action it deems fair or sensible. This provision is not meant to limit or restrict the absolute right of KINKYSPACE.COM" under Section K of this Agreement to terminate registration for any reason or no reason, with or without notice.

 

3. Membership in "KINKYSPACE.COM" may be terminated by you at any time, with or without cause. You may terminate your account at this link. Your access to "KINKYSPACE.COM", your account, and/or your username and password combination may also be terminated by "KINKYSPACE.COM" at any time, with or without cause and with or without prior notice and it may delete all of your data on its servers when it does so, with or without prior notice. You are advised to back up locally on your own computer or server all data you have uploaded to "KINKYSPACE.COM". "KINKYSPACE.COM" and any of its Services or all of them may be terminated at any time without notice. In any case that the operation of "KINKYSPACE.COM is terminated for any reason, all Memberships are terminated without notice and without cause.

 

4. Further, you agree that "KINKYSPACE.COM’ shall not be liable to you or any third party for any damages arising out of its termination or suspension of your access to the Service or modification of the Service or its termination of the Service or any part of it, including but not limited to the loss of data.

M. Entire Agreement

1. In the event that any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision(s) had never been included.

 

2. The headings set out before the various paragraphs of this Agreement are set out for convenience only and it is agreed that they do not limit the meaning or extent of any language found in such paragraphs. You acknowledge, represent and warrant that you have read these terms and conditions and agree to be bound by them (as they may be modified in accordance with the terms of this Agreement) as part of and in consideration of Your "KINKYSPACE.COM" membership. You agree that this Agreement fully and completely integrates and incorporates and recites every agreement between you and "KINKYSPACE.COM", subject to the provisions of this Agreement providing for change, and you agree that all prior discussions, agreements, or negotiations between the parties are either rescinded by mutual agreement or have been integrated into this Agreement, and that none any longer survives as a matter that is enforceable unless it has been expressly set forth in this Agreement.

N. Governing Law

Choice of Law, Arbitration, Exclusive Jurisdiction. You further acknowledge and agree, by applying for or accepting membership to "KINKYSPACE.COM", that these terms and conditions shall be construed under and pursuant to the laws of the State of Illinois (exempting and disregarding only its laws, decisions, and rules of law concerning choice of law). Except as may otherwise be specifically provided otherwise herein, any and all disputes arising out of or related to these Terms of Use and/or your relationship with "KINKYSPACE.COM" and/or your use of this site shall be exclusively submitted to binding arbitration according to the rules for commercial arbitration of the American Arbitration Association. The parties to the arbitration shall evenly divide any and all costs of the arbitration. Neither party shall be entitled to attorney fees except as otherwise expressly provided in this Agreement. The arbitration shall take place exclusively in Montgomery County, Pennsylvania at Norristown, Pennsylvania, or in such other Pennsylvania location which the American Arbitration Association may, in its sole discretion, determine to be the location closest to Norristown which is reasonably practical. To the extent that the terms of the foregoing arbitration clause do not apply for any reason, you agree to the personal jurisdiction of the courts of Pennsylvania and to that of the federal courts of the Eastern District of Pennsylvania and that, should the arbitration clause of this Agreement not control for any reason, the sole and exclusive jurisdiction and venue for any action to enforce, interpret or otherwise deal with the terms of this Agreement or arising in any way out of the rights, duties, and obligations of this Agreement, or concerning "KINKYSPACE.COM" or its services or concerning any rights or causes of action of any sort or kind arising or claimed by anyone to arise from your relationship with "KINKYSPACE.COM", or any dealings or acts by you or "KINKYSPACE.COM" in connection or relation to one another, regardless of whether others may be also involved, shall be in the State of Pennsylvania, in the courts of that State or in the federal courts of United States sitting in the Eastern District of Pennsylvania.

O. EXECUTION

You agree that by checking the box next to "I have read, accept and agree to the Terms of Service", you intend that act to have effect as your signature and to bind you by that digital signature for all purposes in law as though you had manually signed your signature to the Agreement on paper with ink; you intend, by so clicking, that each of the representations contained in this Agreement and made to us are made by you under oath and under the penalty provided in law for perjury and/or false swearing. You know and acknowledge that such an act creates a contract, the violation of which may impose a financial liability upon you. You also know that in accepting this Agreement, you make a sworn statement, the knowing untruthfulness of which may result in the imposition of a criminal penalty upon you. Similarly, you agree that by each subsequent access you may have to the Service provided by"KINKYSPACE.COM", including, without limitation, your use of a username/password assigned by it to you, your use of any email or instant chat service provided by it to you, and your posting of any photograph or data to "KINKYSPACE.COM", you intend that act also amount to your digital signature and to have the same effects and consequences as your click in the checkbox next to "I have read, accept and agree to the Terms of Service" in acceptance of this Agreement.