Terms of service
ACCEPTANCE OF TERMS
2. WHAT WE DO
We currently provide users with dating resources (herein the "Service"). The services are provided "AS-IS" We assume no responsibility for information posted on this site originated by others, including, but not limited to users and advertisers.
You are responsible for any and all costs associated with accessing this site.
WE DO NOT SCREEN ALL POSTINGS AND HAVE NO WAY OF INDEPENDENTLY VERIFYING THE INFORMATION GIVEN TO US BY A USER OR POSTED ON THIS SITE. USERS SHOULD ALWAYS BE CAUTIOUS ABOUT GIVING PERSONAL INFORMATION TO STRANGERS OR POSTING IT IN A PUBLIC PLACE WHERE SUCH ACTIONS MIGHT BE USED TO HARM, HARASS OR BE USED AGAINST THEM.
Please be aware that this site may contain adult or mature content. You must be at least 18 years of age to use the services provided by us.
3. FEES AND COSTS
We currently do not charge for using our service.
4. YOUR MEMBERSHIP OBLIGATIONS
By using this site you certify that you are 18 years of age or older, you agree that any information that you provide to us (or others through this site) is true, accurate, current and complete information, and you agree to maintain and promptly update the Membership Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we believe that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of our services.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account, and you are responsible for all activities that occur under your account. You are responsible for maintaining the confidentiality of the username and password you've designated for your account. You agree to protect and safeguard it against unauthorized use. You must immediately notify us of any unauthorized use of your account or any other breach of security. You must exit from your account at the end of each session. You agree that you will be solely liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that we do not provide the information on the site and that all publicly posted or privately transmitted information, data, text, photographs, graphics, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. You agree and represent that you, are entirely responsible for all Content that you upload, download, post, email, transmit or otherwise use or make available via the Services and this site. Since we do not control the Content posted on the site or sent to you from information gleaned from the site, we cannot and will not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to offensive, indecent or objectionable Content. You agree that we will not be liable for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to NOT use the Service for any illegal or inappropriate purpose, and affirmatively represent and warrant:
- that you will not upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, religiously or otherwise objectionable;
- that you will not harm minors in any way;
- that you will not impersonate any person or entity, including, but not limited to, any employee, officer or director of Kwink.com, LLC, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- that you will not forge headers or otherwise manipulate identifiers in order
- disguise the origin of any Content transmitted through the Service;
- that you will not upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- that you will not upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- that you will not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
- that you will not upload, post, email, transmit or otherwise make available 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;
- that you will not disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- that you will not interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- that you will not intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- that you will not "stalk" or otherwise harass another; or
- that you will not collect or store personal data about other users. You acknowledge that we do not pre-screen Content, but that Kwink.com, LLC and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move, or remove any Content on the site for any reason we deem reasonable, in our sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by us or submitted to us, including any you find on the site. We may preserve Content in our sole discretion and we may also disclose such information to third parties to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect our rights, property, or personal safety or the rights, property and personal safety of our users and the public. We do not, however, undertake any affirmative obligation to examine Content or disclose Content to any third party for any reason. You understand that your Content may be transmitted over a number of different networks and people other than those on this site could gain access to it.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
We do not own any of the Content submitted by our users. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant us the following world-wide, royalty free and non-exclusive license(s), as applicable: With respect to Content you submit or make available to us, you grant us the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content and the irrevocable right to sublicense the Content with the sublicense having the right to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, agents, co-branders, attorneys or other partners, and employees, harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available to us.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any of the information or services from our site, including Content.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that we may establish general practices and limits concerning use of our site, including but not limited to matters pertaining to the number and size of emails, time Content and other information will remain on our site, limitations on what Content may be posted and when and how long we will retain it. We may at any time destroy or log off accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
We have the right to modify or discontinue this service at any time. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
We may terminate your account at any time, if we believe it to be in our best interests or in the best interests of our users.
14. DEALINGS WITH ADVERTISERS
Your dealings with, advertisers found on or through our site are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage incurred as the result of any such dealings.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you agree that we are not responsible for the content or functionality of such sites. Furthermore, the existence of a link on our site does not imply an endorsement of that site, the owners or content thereon. You agree to be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such site or resource.
16. OUR PROPRIETARY RIGHTS
You acknowledge and agree that the Content and software used by us, as well as the photos, graphics, text and other material appearing on our site, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the anything found on our site.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT (EXCEPT WHERE PROHIBITED BY LAW): a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. WE MAKE NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
20. TRADEMARK INFORMATION
Kwink.com, the Kwink.com logo, trademarks and service marks, and other Kwink.com logos and product and service names are trademarks of Kwink.com, LLC (the "Kwink.com Marks"). Without Kwink.com, LLC's prior permission, you agree not to display or use in any manner, the Kwink.com Marks.
21. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Kwink.com, LLC and govern your use of the Service, superseding any prior agreements between you and Kwink.com, LLC. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Kwink.com, LLC shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions. You and Kwink.com, LLC agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Maricopa, Arizona. You acknowledge that Kwink.com, LLC shall have the right to take legal action against you if your actions violate the TOS and such violation results in damage to Kwink.com, LLC or any of its affiliates. The failure of Kwink.com, LLC to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
22. NON-COMMERICIAL USE BY MEMBERS
The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with the permission of Kwink.com, which may be revoked at any time, for any reason, in Kwink.com's sole discretion.
Please report any violations of the TOS to our Customer Service.