The Kiss.com service ("Kiss.com" or the "Service") is a way for adults to meet each other online. Kiss.com is provided by Match.com SN, LLC, located at PO Box 25166, Dallas, TX 75225, USA. This is a legal agreement between you and M8 Singlesnet, LLC (sometimes referred to as "Kiss.com" where the context requires). By registering for Kiss.com, you become a member of the Service and you agree to be bound by these terms and conditions (the "Terms").
You agree that Kiss.com may amend or modify these Terms or impose new conditions at any time by updating these Terms. Any use of the Services after such updating shall be deemed to constitute acceptance of such amendments, modifications, or new conditions. Should you object to any such modifications to these Terms, your sole and exclusive remedy is to discontinue using the Service.
MINORS MAY NOT BECOME MEMBERS. When you register, and from time to time thereafter, Kiss.com may require that you provide sufficient information to indicate that you are at least 18 years old. By becoming a member, you represent, and warrant that you are at least 18 years old. Your membership in the Kiss.com service is for your sole, personal use. You may not authorize others to use your membership, and you may not assign or otherwise transfer your account to any other person or entity. Either you or Kiss.com may terminate your Kiss.com membership at any time, for any reason, effective upon sending written notice to the other party. Kiss.com reserves the right, without notice and in its sole discretion, to terminate or cancel your access rights to the Services immediately without notice. Kiss.com reserves the right at any time to modify or discontinue the Service and you agree that Kiss.com shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
Kiss.com will notify you via email of any new messages in your Kiss.com inbox. A message in your inbox could be any of the following: (1) an "email" message from another Kiss.com member; (2) a "flirt" from another Kiss.com member; (3) a message from Kiss.com that it has made a "one to one match" or "matches" between your profile and the profile(s) of one or more other member(s) based on its proprietary matching system; (4) a notification that someone has “viewed” your profile; or (5) a message from Kiss.com regarding new features, updates, or special offers. The email notification from Kiss.com will contain a link to Kiss.com to allow you to log in and view the new message(s) in your inbox. An icon displayed next to the message in your inbox will indicate the category to which the message belongs.
You are solely responsible for the content, or information you publish or display on the Service, or transmit to other members. You will not post on the Service, or transmit to other members, or employees, any defamatory, fraudulent, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will use the Service in a manner consistent with any and all applicable laws and regulations. You will not include in your profile, any telephone numbers, street addresses, last names, URL's, e-mail addresses, offensive anatomical, sexual references, or offensive sexually suggestive or connotative language, and you will not post any photos containing nudity or personal information. Kiss.com reserves the right, but has no obligation, to reject any profile or photo that does not comply with these prohibitions. You will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Service. You will not transmit any chain letters, or junk e-mail to other members. You will not post, distribute, or reproduce in any way, any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights. You are solely responsible for your interactions with other members. Kiss.com reserves the right, but has no obligation, to monitor disputes between you and other members.
You will defend, indemnify, and hold harmless Kiss.com, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the Service, including without limitation, any breach by you of these Terms.
Opinions, advice, statements, offers, or other information or content made available through the Kiss.com service are those of their respective authors, and not of Kiss.com, and should not necessarily be relied upon. Such authors are solely responsible for such content. Kiss.com does not guarantee the accuracy, completeness, or usefulness of any information on the Service. It neither adopts nor endorses, nor is responsible for the accuracy or reliability of any opinion, advice, or statement made. Under no circumstances will Kiss.com be responsible for any loss or damage resulting from anyone's reliance on information, or other content posted on the Kiss.com service, or transmitted to Kiss.com members.
Kiss.com is not responsible for the use of any personal information that you may choose to disclose on the Service. Please carefully select the type of information that you post on the Kiss.com service or release to others. Kiss.com reserves the right, but has no obligation to monitor the materials posted in the public areas of the Service. Kiss.com shall have the right to remove any such material that violates, or is alleged to violate, the law or this agreement; however, you remain solely responsible for the content of the materials you post in the public areas of the Service and your e-mail messages sent through the Service.
Kiss.com owns and retains other proprietary rights in the Service. The Service contains the copyrighted material, trademarks, and other proprietary information of Kiss.com, and its licensors. In addition, other members may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain, or for which you have been given permission, you will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. By posting information, a photograph or content to any public area of Kiss.com, you automatically grant, represent, and warrant that you have the right to grant, to Kiss.com and other members an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
To resolve a complaint regarding the Kiss.com service, you should first contact Kiss.com Customer Support.
Use of the Services is at your sole risk. All content and services provided by Kiss.com on the Services is provided "as is" and on an "as available basis." Neither Kiss.com nor its affiliates, subsidiaries, or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, advertisers, sponsors, licensors or the like (collectively, "Affiliates") warrant that use of the Services will be uninterrupted or error-free. Neither Kiss.com nor its Affiliates warrant the accuracy, integrity or completeness of the content provided on the Services. Kiss.com DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
In no event shall Kiss.com be liable for any direct, incidental, consequential, or indirect damages (including, but not limited to, damages for loss of data, loss of programs, cost of procurement of substitute services or service interruptions) arising out of, or related to, the use of, or inability to use, the Service, even if Kiss.com or its agents or representatives know or have been advised of the possibility of such damages. Kiss.com'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 Kiss.com. for the Service during the term of membership. In addition, Kiss.com disclaims all liability, regardless of the form of action, for the acts or omissions of other members or users (including unauthorized users) of the Service.
These Terms are governed by the laws of the State of Texas, without regard to rules generally applicable to resolving conflicts of laws. You agree to both the exclusive jurisdiction and the exclusive venue of the federal and state courts of the State of Texas, in Dallas County, with respect to any claim or cause of action, whether in law or in equity, arising under or relating to these Terms or use of the Service.
PLEASE READ THIS PROVISION CAREFULLY. THIS PROVISION MEANS THAT, EXCEPT AS NOTED BELOW IN THE SECTION ENTITLED "CLASS ACTION WAIVER," YOU AND WE AGREE TO ARBITRATE ANY AND ALL CLAIMS OR DISPUTES BETWEEN US THAT IN ANY WAY ARISE OUT OF OR RELATE TO THE AGREEMENT, THE USE OF THE SERVICE, OR THE PROVISION OF SERVICES OR PRODUCTS PROVIDED TO YOU, INCLUDING, WITHOUT LIMITATION, ANY BILLING DISPUTES. ALL SUCH CLAIMS AND DISPUTES SHALL BE SUBMITTED TO FINAL, BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION ("AAA"). The arbitration shall be conducted under the AAA Rules and Supplemental Procedures for consumer-related disputes and shall take place in Dallas, Texas. You acknowledge that the Agreement affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement. Before instituting arbitration, you agree to provide us with an opportunity to resolve your claim or dispute by sending us a written description of your claim and negotiating with us in good faith regarding your claim. If we are not able to resolve your claim or dispute within 30 days of receipt of your notice, then you may initiate arbitration proceedings with the AAA.
IF YOU INITIATE AN ACTION AGAINST US, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY ONLY BRING CLAIMS IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION. IF AN ARBITRATOR DETERMINES THAT YOUR WAIVER OF ANY ABILITY TO PARTICIPATE IN CLASS OR REPRESENTATIVE ACTIONS IS UNENFORCEABLE UNDER APPLICABLE LAW, THE ARBITRATION AGREEMENT WILL NOT APPLY, AND YOU AND WE AGREE THAT SUCH CLAIMS WILL BE RESOLVED BY A COURT OF APPROPRIATE JURISDICTION, OTHER THAN A SMALL CLAIMS COURT.