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terms and conditions
New York, October 2009
Welcome to the Kiwibox.com Internet Site ("Website" or “Kiwibox.com”) on the World Wide Web. Please review these Terms and Conditions of use which
govern our relationship with users and others who use and interact with our Website. By accessing, browsing, or using our Website whether as a visitor or
member, you acknowledge that you have read, understand, and agree to be legally bound by the Terms and Conditions set forth below. If you do not agree
to these Terms and Conditions then please do not use our Website. We reserve the right to change, modify, add or remove portions of these Terms and
Conditions at any time. If you continue to use our Website after we have posted changes to our Terms and Conditions, you will be assumed under applicable
law to have agreed to such changes as a condition of your continued use of our Website.
Site Contents, Ownership, and Use Restrictions
The information provided by us in our Website, including all images, illustrations, designs, photographs, video clips, writings and other materials that appear
herein are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed (all of which, collectively, are herein referred to as
the "Kiwibox Contents") by Kiwibox.com and its parent company and affiliates, or are the property of their respective owners. The name Kiwibox.com and the
Kiwibox.com logo are registered marks.
Everything you see or read that we provide on our Website is either owned by us or used with permission. You may not copy, use, or retransmit anything from
our Website without our express written permission. Furthermore, you are not allowed to post or distribute any material you do not own or which you do not
have permission to use. Violation of this policy may result in copyright, trademark, or other intellectual property rights violation and subject you to civil or
Your privacy is an important issue with us as it is with you. Our goal in collecting personal information from you upon registration is to provide you, the user,
with the best experience possible by targeting site content and advertisements to our audience. Your information is stored in our database We will not sell,
rent, or distribute any of the registration information that you provide to us without your prior consent. Please see, however, “Your Information and Content
Posted on our Website”, below.
You should be aware that whenever you voluntarily give out any personally identifying information in chat, instant messenger, discussion areas or elsewhere,
that information can be collected and used by others. Personally identifying information includes your name, your home or other physical address, e-mail
address, telephone number, or any information that makes you identifiable. If you post any of this personally identifying information in online areas that are
accessible to the public, you may receive unsolicited messages from other parties in return. We cannot ensure or warrant the security of any information you
transmit to us, and you do so at your own risk.
Anyone under the age of 18 must obtain parental permission before giving out any personally identifying information or sending any information to us.
Children under age 13 must obtain parental permission to register on our site.
We use third-party advertising companies to serve ads when you visit our Web site. These companies may use aggregated information (not including your
name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements about goods and services
of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these
companies, click here<http://www.networkadvertising.org/managing/opt_out.asp>.
Your Information and Content Posted on our Website.
You own all of the information such as text, photos and video you post on our Website. We call this information “Content”. You will control how you want to
share this Content with others through your “Privacy Settings” . If you voluntarily make your Content available to our Website, including personal identifying
information such as your name, your home or other physical address, e-mail address, telephone number, through your “Privacy Settings” keeping in mind,
however, that whenever you voluntarily give out any personally identifying information in discussion areas or elsewhere, that information can be collected
and used by others, you automatically: grant, and you represent and warrant that you have the right to grant, to Kiwibox an irrevocable, non-exclusive,
perpetual, royalty-free, worldwide license to use, copy, edit, perform, publicly display and distribute such Content and to prepare derivative works of, or
incorporate into other works, such Content and to grant and authorize sublicenses of the Content. We call this a “Kiwibox License”. This Kiwibox License
shall give us the right to freely use any ideas, concepts, know-how, or techniques contained in your Content for any purpose whatsoever including, but not
limited to, developing, manufacturing, or marketing products incorporating such Content, and we may use your Content to compile demographics for the
use of our Website in any manner that does not reveal your identity. You will terminate our Kiwibox License when you delete your Content, unless you shared
it with others who have not deleted this Content. When you delete some or all of the Content, it is removed and not available to others but may continue to
exist in backup copies for a reasonable period of time. Remember, when you post Content to our Website it will be available to everyone, including people
not on our Website and we may not have control over what other people may do with your Content.
All of the services and functions we provide on or through our Website are “public”, not private, communications. Your use of any messenger boards or instant
messaging services we may provide to you on or through our Website, including chats, postings, conferences, and other communications are not endorsed by
us since we will not review, screen or approve such communications before they are sent. You are entirely responsible and liable for all of your activities on
Our Safety Rules
We will do our best to protect you and your Content but we can not guarantee complete safety. Remember, you are solely responsible for the Content of any
comments you make. Your use of our Website requires your strict cooperation with certain rules. These rules cover any attempted “commercial” use of our Website
as well as rules governing common sense decency. In order to protect your safety and that of your Content, you agree with the following rules covering any
attempts to use our Website for “commercial” reasons:
Commercial Safety Rules:
· You agree not to use our Website to post unauthorized commercial items such as “Spam”
· You agree not to use our Website to advertise or market any products, operate a promotion or contest without our express consent
· You agree not to use our Website to solicit or promote for any commercial purpose
· You agree not to upload a virus, disable or overload our Website
· You agree not to search for login information, collect information on other users or attempt to access an account, e-mail address
or other information that belongs to someone else
· You agree not to collect other users’ information or Content by some automated access such as through robots, spiders, etc.
Common Sense and Decency Safety Rules
When you use our Website, you agree to the following rules governing common sense and decency.
· You agree not to intimidate, threaten, harass or bully any user of our Website, including the sending of unwanted messages
· You agree not to post any Content that is pornographic or contains nudity, that is hateful or violent, or that is unlawful, discriminatory or malicious
· You agree not to pretend to be someone else or impersonate another person or user
· You agree not to post or transmit to or from our Website any unlawful, threatening, libelous, defamatory, inflammatory, pornographic, or profane
material or any other material that could give rise to any civil or criminal liability under law.
· In addition, you agree, and are hereby put on notice, that you are prohibited from posting or transmitting to or from this Site any unlawful, threatening,
libelous, defamatory, inflammatory, pornographic, or profane material or any other material that could give rise to any civil or criminal liability under
law. You are solely responsible for the Content of any comments you make.
Users of our Website will agree to provide us with their names and other information as required in our “Membership Registration”. If you select a user name
for your account, we reserve the right to remove it if we believe it necessary to protect the rights of others under applicable laws, such as trademark and trade
name laws. Users agree to the following Membership Rules:
· Users will not provide us with fictitious names or false information or apply for a membership under the name of any other person, without express permission
· Users will not sell any of their personal information which is part of your Content for profit
· Users can not be convicted sex offenders
· Users must be at over 13 years of age.
· Users will keep their passwords confidential and not share a password or any other information that could endanger their account
· Users will not transfer their accounts to anyone without our express permission
· Users will not use our copyrights or trademarks or any confusingly similar marks, without our express permission
· Users will respect the rights of others and will not post Content or take other actions that violates or infringes on someone else’s legal rights.
We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging and data fees, will still apply.
Our Rights to Edit or Delete Content
We can, whenever we want, edit or delete any Content displayed, uploaded to, distributed, or otherwise published through our Website if it violates one or
more of our Terms and Conditions, including but not limited to our Rules.
Our Rights to Terminate your Use or Membership
We can terminate your use and Membership if you violate one or more of our Terms and Conditions, including but not limited to our Rules or create legal
exposure for us. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your
application at any time.
Use and Storage
You acknowledge that we may establish general practices and limits concerning use of our Website, including without limitation the maximum number of
materials that may be sent from or received by an account, the maximum size of any materials, the maximum disk space that will be allotted to you, and the
maximum number of times (and the maximum duration for which) you may access our Website in a given period of time. You acknowledge that we reserve
the right to deactivate accounts that are inactive for an extended period of time.
Content and other network information may be collected by Kiwibox.com for administration purposes including, but not limited to investigation of possible
revoke access to any membership services or privilege to anyone using the site.
Disagreements and Disputes
By using our Website, you automatically agree to the following procedures and rules governing any disagreements or disputes: all claims against us or our
Website will be brought exclusively in the state or federal courts in New York County, State of New York whose laws shall govern and apply to these Terms
and Conditions and to whose personal jurisdiction you expressly consent. If anyone brings a claim against us because of your use or Content or for other
reasons arising out of or in connection with your use, membership, Content or activities with our Website, you shall indemnify us and hold us harmless to the
fullest extent that applicable law permits.
Disclaimer of Liability
WE ATTEMPT TO MAINTAIN OUR WEBSITE “BUG-FREE” AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING KIWIBOX.COM
"AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT OUR WEBSITE WILL BE SAFE OR SECURE.
KIWIBOX.COM IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US,
OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN
ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST
PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS
STATEMENT OR KIWIBOX.COM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY
ARISING OUT OF THIS STATEMENT OR KIWIBOX.COM WILL BE THE LESSER OF TEN DOLLARS, THE AMOUNT YOU HAVE PAID US OVER THE
PRIOR TWELVE MONTHS OR THE LOWEST AMOUNT UNDER APPLICABLE LAW.
Users Under 13
You must be at least 13 years old to use Kiwibox. Users under 13 are not allowed to register for the site. We do not rent nor sell personal information about
any of our users without prior consent. Visit http://www.ftc.gov/kidzprivacy for information from the Federal Trade Commission about protecting
children's online privacy.