TERMS OF SERVICE
This Agreement constitutes Your agreement with kinkspace.net with respect to Your use of the Service. You must abide by all of the terms and conditions of the Agreement in order to become or remain an authorized user of the Service.
OUR EMAIL AND MARKETING COMMUNICATION WITH YOU.
By signing up at kinkspace.net and creating a profile, you agree to Receive emails from us about services relating to all our websites, This includes but is not limited to
- Email messages notifying you of addition or removal of new options, features, upgrades to terms of service, or policy changes, on our sites and with any of our products.
- Email messages notifying you about products and services that are offered by us or our partners.
RIGHT TO USE
Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict Your access to parts or all of the Service without notice or liability and for any reason.
CODE OF CONDUCT
You agree to use the Service in accordance with the following Code of Conduct:
- You will keep all information provided to You through the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to You.
- I agree that I am participating in this service solely for my personal enjoyment and agree that everything I observe here will be kept in strict confidence and I will do nothing to jeopardize the privacy of another member of this service.
- You will not use the Service to engage in any form of harassment, stalking, or offensive behavior, including but not limited to the posting of communications, pictures or recordings which contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or otherwise offensive language.
- You will not forward chain letters through the Service.
- You will not use the Service to infringe the privacy rights, property rights, or any other rights of any person.
- You will not use this service to post messages, pictures or recordings or use the Service in any way that;
- Violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, or
- Is fraudulent or otherwise unlawful or violates the law.
- Personally attack, make fun of, troll, flame, bully, stalk or otherwise harass another member.
- Make criminal accusations against another member in a public forum.
- Make or promote any type of racism or hate towards anyone in specific or a group of people, unless in the context of role-playing between consenting parties
- Upload pictures or videos of that contain any children under 18 years of age.
- You will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services.
- You will not use the Service to distribute or upload any virus, or malicious software of any type, or do anything else that might cause harm to the Service, the Website, kinkspace.net, its systems, or any other members' systems in any way.
- You will not post or transmit in any manner any contact information including but not limited to email addresses, "instant messenger" nicknames or contact information, telephone numbers, postal addresses, URLs, and full names through publicly posted information on the Website and through its Services except as defined in the section below this "POSTING OF LINKS, PICTURES, BLOG AND FORUM CONTENT".
- You will not cause the Service to be accessed through any automated or robotic means, including but not limited to the rapid access of the site as in a denial-of-service attack. Such restriction shall not apply to legitimate search engine activity that does not place an unreasonable burden on the Service.
- You will not use a third-party application such as a mobile smart phone application, social media or other Web page widget, or any other such mobile, social media, Web, or desktop application to access the Service, except where such application is either provided by us or endorsed by us. Such restriction shall not apply to a browser application which merely displays the pages of the Service in their entirety without modification or reformulation of content.
- Users are permitted one account per person at a time. If the users intent is to create a second account, the first account must be deleted. Any person found to have more than one account at a time will have both accounts terminated without notice.
- In the event that an account becomes compromised, violates or is suspected of violating community or websites standards or policies, is suspected of being fraudulent, or comes into question in any manner deemed questionable by website administration, the account may be banned at the sole descretion of the website administration. In such cases, website administration may request verification of identity in an effort to return ownership of the account, or to terminate the account of it is found to be fraudulent or in violation of community standards. The website administration shall have fins say regarding release of account ban or complete termination of an account. The website administration reserves the right to refuse membership, ban, or terminate an account for any reason.
1) 2257/DMCA Please read and understand our 18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement and our DMCA provisions which are explicitly introduced and included as part of this document. You acknowledge that your uploaded content is YOUR content, created and owned by you or at your direction. You agree that no element of the content depicts persons under the age of 18 and if the content is explicit or contains "actual sexually explicit conduct" and not of your personal self that you have or maintain adequate 18 U.S.C. 2257 Record-Keeping documents for the included/depicted persons. You expressly acknowledge that this is your responsibility and that you will fully defend, indemnify and hold harmless the kinkspace.net and its owners, directors, officers, employees, independent contractors and agents from and against all claims, allegations, demands, causes of action, expenses, damages, losses, charges, liabilities, fines, costs or penalties, including attorneys fees and related expenses and costs relating to this provision. In plain words you are responsible for your content, not the Company (kinkspace.net).
POSTING OF LINKS, PICTURES, BLOG AND FORUM CONTENT
We want you to be able to promote your personal sites as well as sites that you like, however we do not want advertisers or advertisements for other websites except where permitted. In order to prevent abuse: You agree NOT to post any more than four different links to any four different sites that are outside of kinkspace.net on your main profile page. You agree not to use forums or blogs on this site for any marketing, or advertising. Prohibited actions on kinkspace.net include but are not limited to: spam advertising, keyword abuse, keyword stuffing, scraping, back linking, spam linking, profiles made for the purpose of just advertising, or any other actions designed to redirect traffic outside of kinkspace.net. You agree that your blogs, links and forum postings will be complete, original content designed to inform, educate or express an opinion and not designed for the purpose of advertising or redirecting traffic to another site. You agree that any of the pictures that you post will NOT have the name of any website, and will not, whether by code or URL contained within the picture, be designed for or have the ability to redirect traffic to any website. You agree that you will not post the name of, reference, or link to any of the following sites, including but not limited to: dating websites, cam girl, or cam boy websites, blackmail, dom or dominatrix pay sites and BDSM dating or polyamory dating sites. You understand that kinkspace.net has the right to remove, edit or delete any content, pictures, blogs, or forum posts you have posted, including your entire profile at any time for violations.
MONITORING OF INFORMATION
We reserve the right to monitor all advertisements, public postings and private messages to ensure that they conform to content guidelines and community standards.
REMOVAL OF INFORMATION
Users are responsible for any of the content of their profiles, public postings, messages or other materials. We reserve the right, but are not obligated to, delete, move or edit profiles, public postings, messages and other materials that we, in our sole discretion, deem to be in violation of the Code of Conduct as set out above or any other applicable content guidelines or deem to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages and other materials You may upload to the Service.
TERMINATION OF ACCESS TO SERVICE
We may, in our sole discretion, terminate or suspend Your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of Your access to all or part of the Service at our sole discretion, and You may be referred to appropriate law enforcement agencies.
The Service contains information which is proprietary to us, our partners, and our users. We assert full copyright protection in the Service. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express written permission of the owner of such information.
WEBSITE ACCESSIBILITY RESPONSIBILITY
You acknowledge that we are not responsible for interruption or suspension of the Service, regardless of the cause of the interruption or suspension.
You are responsible for maintaining the confidentiality of Your username and password, and You should not allow anyone to use Your password to access any Services. You are responsible for all usage or activity on the Service by users using Your password, including but not limited to use of Your password by any third party. You agree to immediately notify kinkspace.net of any unauthorized use of Your username or password or any unauthorized access to Your account. For Your own security, it is advisable to log out when You finish each use of the Services, especially if You are using a public computer or share a computer with others. When logging into the Services using a public computer please use caution to prevent other people from learning Your username and password.
INTERACTIONS WITH OTHER MEMBERS
MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If You believe that any material or content distributed by kinkspace.net constitutes copyright infringement, please provide us with the following information: 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 our Website; 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 above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY YOU UNDERSTAND AND AGREE THAT YOU USE THE WEBSITE AND SERVICES AT YOUR OWN RISK. SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON- INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION UNDER LAW. KINKSPACE.NET PROVIDES ON-LINE PERSONAL DATING SERVICES AND TOOLS TO SINGLES AND OTHER SIMILARLY INTERESTED INDIVIDUALS, AS WELL AS FORUMS FOR DISCUSSION AND COMMENTARIES TO SUBSCRIBERS THROUGH THE WEBSITE AND OTHER MEANS OF DISTRIBUTION. KINKSPACE.NET DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR TIMELINESS OF, OR OTHERWISE ENDORSE ANY INFORMATION CONTAINED ON THE WEBSITE. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT DISTRIBUTED BY KINKSPACE.NET IS OBTAINED, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. WE DO NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY MEMBER PROFILE, ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SERVICE BY KINKSPACE.NET, OUR PARTNERS OR ANY USER OF THE SERVICE OR ANY OTHER PERSON OR ENTITY. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, MEMBER PROFILE, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT, WILL CONSTITUTE A BINDING ACCEPTANCE BY YOU OF THIS AGREEMENT, OR ANY SUBSEQUENT MODIFICATIONS. YOU HEREBY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL KINKSPACE.NET, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS WHATSOEVER CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT DISTRIBUTED BY KINKSPACE.NET AS WELL AS ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE WEBSITE, NO MATTER WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION, AND REGARDLESS OF WHETHER KINKSPACE.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS LIMIT THE AVAILABILITY OF SUCH LIMITATION OF LIABILITY, IN WHICH CASE THE PROVISIONS OF THIS SECTION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR LIABILITY EXCEED THE SUM OF FIFTY U.S. DOLLARS ($50.00). EACH PARTY AGREES THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, NO CLAIM MAY BE CONSOLIDATED OR JOINED WITH MORE THAN ONE PERSON’S OR PARTY’S CLAIMS. UNLESS BOTH PARTIES AGREE OTHERWISE, NEITHER PARTY MAY JOIN ANY CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, EITHER PARTY MAY ONLY SEEK AND/OR ACCEPT AN AWARD OF RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND/OR DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
You hereby agree to indemnify, defend and hold harmless kinkspace.net and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by You of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. kinkspace.net reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You.
REMOVAL OF YOUR INFORMATION
We keep Your information only as long as we need it for legitimate business purposes and to meet any legal requirements. Personal information used to make a decision that directly affects an individual will be kept for at least one year after such a decision. We have retention standards that meet these parameters.
CONCERNS OR QUESTIONS REGARDING OUR COMPLIANCE
Digital Millennium Copyright Act Notice If You believe that Your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Site, please notify kinkspace.net, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For Your complaint to be valid under the DMCA, You must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that You claim is being infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Site;
- Information reasonably sufficient to permit kinkspace.net to contact You, such as Your address, telephone number, and e-mail address;
- A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that You are the copyright owner or are authorized to act on behalf of the owner.
You agree that all payments made to the service are final and that no refund shall be issued if you discontinue the service, have your account terminated, or by any other means are no longer willing or able to use the service.