"KikFriends" or "we" operates kik-friends.com (the "Site"), which is a community that allows Users (as defined in the following paragraph) to share their Kik username publicly in the objective to find new friends with whom to interact with on the Kik mobile application. KikFriends allows Users to upload images and associate it with his profile. The services offered by KikFriends include the Site, image, other features (for example, search other users by country), and any other features, content, or mobile services in connection with KikFriends's business (collectively, the "KikFriends Services"). The KikFriends Services are hosted in the United States (NY).
This Agreement includes KikFriends's policy for acceptable use of the KikFriends Services and Content (as defined in Section 6.1 below) posted on or through the KikFriends Services and your rights, obligations and restrictions regarding your use of the KikFriends Services and Content posted on or through the KikFriends Services.
KikFriends may modify or amend this Agreement without notice at any time and such modification will be effective upon posting by KikFriends on the Site. Your continued use of the KikFriends Services after KikFriends posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on or through the KikFriends Services and that you make available directly or indirectly to other Users. Your KikFriends profile and any Content that you upload to KikFriends may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other KikFriends Users (for instance, in their profile or their image) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and KikFriends assumes no responsibility or liability for this material. If you become aware of misuse of the KikFriends Services by any person, please report offensive material directly on their profile with the button "report or with a link to firstname.lastname@example.org.
KikFriends reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including image) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the KikFriends Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. KikFriends expressly reserves the right to remove any or all of your images, profile and/or to deny, restrict, suspend, or terminate your access to all or any part of the KikFriends Services if KikFriends determines, in its sole discretion, that you have violated this Agreement or pose a threat to KikFriends and/or its Users.
1. Eligibility. Use of the KikFriends Services and/or registration to be a Member for the KikFriends Services ("Membership") is void where prohibited. By using the KikFriends Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older when posting in the clean section; (d) you are 18 years of age or older when posting in the adult Dirty kik section; and (e) your use of the KikFriends Services does not violate any applicable law or regulation.
2. Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the KikFriends Services. You may terminate your Membership at any time, for any reason, by contacting us at email@example.com. KikFriends may terminate your Membership at any time, without warning for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership and/or your use of the KikFriends Services is terminated, this Agreement will remain in effect in its entirety.
3. Fees. You acknowledge that KikFriends reserves the right to charge for any portion of the KikFriends Services and to change its fees (if any) from time to time in its discretion. If KikFriends terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
4. Picture. When you post your profile you will also be asked to choose if you want, a picture. You are entirely responsible for the picture you choose and you need to be sure you have all the right on it before choose it for your profile.
5. Use by Users. The KikFriends Services are for the personal use of Users and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by KikFriends. KikFriends reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the KikFriends Services, including collecting usernames, user id numbers, and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site, or employing third-party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from images and/or Member profiles without notice or explanation and may result in termination of Membership privileges. KikFriends reserves the right to take appropriate legal action for any illegal or unauthorized use of the KikFriends Services.
6. Proprietary Rights in Content on KikFriends.
6.1 KikFriends does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the KikFriends Services. By displaying or publishing ("posting") any Content on or through the KikFriends Services, you hereby grant to KikFriends and other users a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels. Content will be publicly available, and KikFriends and other Users may copy or display Content outside of the KikFriends Services through the quick link feature or through any other display mechanisms.
6.2 You represent and warrant that: (i) you have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the KikFriends Services does not violate the publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the KikFriends Services.
6.3 The KikFriends Services contain Content of KikFriends ("KikFriends Content"). KikFriends Content is protected by copyright and other laws, and KikFriends owns and retains all rights in the KikFriends Content and the KikFriends Services. KikFriends hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the KikFriends Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the KikFriends Services.
6.4 The KikFriends Services contain Content of Users and other KikFriends licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the KikFriends Services.
6.5 KikFriends performs technical functions necessary to offer the KikFriends Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the KikFriends Services.
6.6 Although the Site and other KikFriends Services are normally available, there will be occasions when the Site or other KikFriends Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of KikFriends. Also, although KikFriends will normally only delete Content that violates this Agreement, KikFriends reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by KikFriends in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, KikFriends encourages you to maintain your own backup of your Content. In other words, KikFriends is not a backup service. KikFriends will not be liable to you for any modification, suspension, or discontinuation of the KikFriends Services, or the loss of any Content.
7. Content Posted.
7.1 KikFriends may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgement of KikFriends violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. KikFriends assumes no responsibility for monitoring the KikFriends Services for inappropriate Content or conduct. If at any time KikFriends chooses, in its sole discretion, to monitor the KikFriends Services, KikFriends nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
7.2 You are solely responsible for the Content that you post on or through any of the KikFriends Services, and any material or information that you transmit to other Users and for your interactions with other Users.
8. Content/Activity Prohibited. You must use the KikFriends Services in a manner consistent with any and all applicable laws and regulations. The following are examples of the kind of Content that is illegal or prohibited to post on or through the KikFriends Services. KikFriends reserves the right to investigate and take appropriate legal action against anyone who, in KikFriends's sole discretion, violates this provision, including without limitation, removing the offending Content from the KikFriends Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of KikFriends:
8.1 is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
8.2 harasses or advocates harassment of another person;
8.3 exploits people in a sexual or violent manner;
8.4 contains excessive violence, or offensive subject matter;
8.5 solicits personal information from anyone under 18;
8.6 publicly posts information that poses or creates a security risk to any person;
8.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8.8 constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work;
8.9 involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
8.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
8.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
8.12 solicits personal identifying information for commercial or unlawful purposes from other Users;
8.13 involves commercial activities and/or sales without prior written consent from KikFriends such as contests, sweepstakes, barter, advertising, or pyramid schemes;
8.14 includes a photograph of another person that violates the publicity rights, defamation rights, copyrights, trademark rights, contract rights or any other rights of any person.
The following are examples of the kind of activity that is illegal or prohibited on the Site and through the use of the KikFriends Services. KikFriends reserves the right to investigate and take appropriate legal action against anyone who, in KikFriends's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
8.15 posting any information on KikFriends in order to prank, harass, abuse, or harm another person or entity, or attempting to do the same;
8.16 criminal or tortious activity, including child pornography or erotica, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, "pyramid scemes," Ponzi schemes, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
8.17 advertising to, or solicitation of, any User to buy or sell any products or services through the unauthorized or impermissible use of the KikFriends Services. You may not transmit any chain letters or junk email to other Users.
8.18 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the KikFriends Services;
8.19 forging any TCP/IP packet header or any part of the header information in any posting, or in any way use the Site or KikFriends Services to send altered, deceptive, or false source-identifying information;
8.20 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
8.21 interfering with the access of any User, host or network to the Site;
8.22 covering or obscuring the banner advertisements on your personal profile page, or any KikFriends page via HTML/CSS or any other means;
8.23 including any HTML, CSS or other coding on your personal profile page, including, without limitation, any hidden or otherwise surreptitiously contained code in the Content which is unrelated to the immediate aesthetic nature of the Content;
8.24 any automated use of the system, such as, but not limited to, using scripts to send images;
8.25 interfering with, disrupting, or creating an undue burden on the KikFriends Services or the networks or services connected to the KikFriends Services;
8.26 impersonating or attempting to impersonate another User, person or entity;
8.27 using the username of another Member at any time;
8.28 selling or otherwise transferring your profile;
8.29 using any information obtained from the KikFriends Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
8.30 displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the KikFriends Services on behalf of that person;
8.31 deleting, or in any manner altering, the copyright, trademark, or other proprietary rights notices appearing on any Content except your own Content;
8.32 using any meta tags or other hidden text or metadata utilizing a KikFriends name, trademark, URL or product name without KikFriends's express written consent;
8.33 attempting to probe, scan or test the vulnerability of any KikFriends Service or breach any security or authentication measures;
8.34 collecting or store personal data about other users without their express permission;
8.35 impersonating or misrepresenting your affiliation with any person or entity, through pretexting or any other form of social engineering, or otherwise committing fraud; or
8.36 using the KikFriends Services in a manner inconsistent with any and all applicable laws and regulations.
9. Member Disputes. You are solely responsible for your interactions with other Members. KikFriends reserves the right, but has no obligation, to resolve or arbitrate disputes between you and other Members.
10. Disclaimers. KikFriends is not responsible for and makes no warranties, express or implied, as to the Content or the accuracy and reliability of the Content posted on or through the KikFriends Services, whether caused by Users of the KikFriends Services or by any of the equipment or programming associated with or utilized in the KikFriends Services and such Content does not necessarily reflect the opinions or policies of KikFriends. Profiles and third-party applications created and posted by Users on the Site may contain links to other websites. KikFriends is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by KikFriends. Inclusion of any linked website on the KikFriends Services does not imply approval or endorsement of the linked website by KikFriends. When you access these third-party sites, you do so at your own risk. KikFriends takes no responsibility for third-party advertisements or third-party applications that are posted on or through the KikFriends Services, nor does it take any responsibility for the goods or services provided by its advertisers. KikFriends is not responsible for the conduct, whether online or offline, of any User of the KikFriends Services. KikFriends assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. KikFriends is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the KikFriends Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the KikFriends Services. Under no circumstances shall KikFriends be responsible for any loss or damage, including personal injury or death, resulting from use of the KikFriends Services, from any Content posted on or through the KikFriends Services, or from the conduct of any Users of the KikFriends Services, whether online or offline. The KikFriends Services are provided "AS-IS" and as available and KikFriends expressly disclaims any warranty of fitness for a particular purpose or non-infringement. KikFriends cannot guarantee and does not promise any specific results from use of the KikFriends Services.
13. Limitation on Liability. IN NO EVENT SHALL KikFriends BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE KikFriends SERVICES, EVEN IF KikFriends HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, KikFriends'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO KikFriends FOR THE KikFriends SERVICES DURING THE TERM OF MEMBERSHIP.
16. Indemnity. You agree to indemnify and hold KikFriends, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the KikFriends Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the KikFriends Services causes KikFriends to be liable to another.
17. Protecting Copyrights and Other Intellectual Property. KikFriends respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. KikFriends has the right to terminate the Membership of infringers. If you believe your work has been copied and posted on or through the KikFriends Services in a way that constitutes copyright infringement, please report the case to firstname.lastname@example.org.
18. Other. This Agreement is accepted upon your use of the Site or any of the KikFriends Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and KikFriends regarding the use of the KikFriends Services. The failure of KikFriends to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: email@example.com with any questions regarding this Agreement.