Last Revised: October 31, 2014
This is a legal Agreement (the "Agreement") between you and SuccessfulMatch.com (" SM.com "), the owner and provider of BikerKiss.com. Please read this Agreement carefully before registering for the BikerKiss.com service. BikerKiss.com is a service through which adults (the "Member") can meet other adults with similar interests and backgrounds online (the "Service").
By registering for BikerKiss.com , you become a Member of the Service, and you agree to be bound by the terms and conditions of this Agreement for as long as you continue to be a Member. If you do not agree to the terms, please do not register for the BikerKiss.com Service. The terms are subject to change by SM.com at any time, effective upon notice to you by the posting on the BikerKiss.com Site, and your use of the Service after such posting will constitute acceptance by you of such changes.
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS & CONDITIONS
1.2 You must be at least 18 years of age to register as a Member of BikerKiss.com or use the Site. Membership in the Service is void where prohibited.
1.3 By completing the registration process, clicking the checkbox labeled "I have read and understood this Agreement and agree to all the provisions contained above" and using the Site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all the terms and conditions in the Agreement.
1.4 If you wish to obtain a copy of this Agreement in non-electronic form, please contact SM.com at the address listed on our Contact page.
MEMBER'S REGISTRATION INFORMATION
2.1 As a condition for using the Service, you agree to:
provide true, accurate, current and complete information about yourself as prompted during the registration process, including but not limited to the Contact Information form; and
to maintain and update this information to keep it true, accurate, current and complete.
2.2 If any information provided by you is found to be untrue, inaccurate, non-current or incomplete, SM.com has the right to terminate your account and refuse any and all current or future use of the BikerKiss.com Service.
PROFILE SHARING AND DISTRIBUTION
To expand the availability of BikerKiss profiles, user profiles may be viewable on affiliate sites within the BikerKiss Network. Affiliate websites are sites that have different domain names, and all link to the same BikerKiss site. Affiliate web sites may be owned by other entities not owned by SuccessfulMatch or BikerKiss. All affiliate sites are operated by SuccessfulMatch. The domain names of affiliate sites are owned by third parties, and link to SuccessfulMatch. Third parties only have the ownership of the domain names, and do not have any access to operate the affiliate sites or view user data. By posting or maintaining a profile on this site or any other BikerKiss affiliate site, you agree and consent that your profile may be viewable on other BikerKiss sites and affiliates, at the discretion of SuccessfulMatch, without further notice.
We may share information, including personal information, with third parties that perform certain services on our behalf. These services may include analytics, fraud prevention, customer service, member screenings, payment processing, and supporting our website functionality.
CONTENT POSTED BY YOU
4.2 You acknowledge that by submitting any type of communications to SM.com , no fiduciary, confidential, contractually implied or other relationship is created between you and SM.com or any of its subsidiaries or affiliates other than those expressly subject to these terms and conditions.
4.3 Anytime you as a Member and/or Standard member upload files, photographs, messages, enter data or engage in any other form of communication, individually or collectively, within the Site, you grant to SM.com a perpetual, world wide, irrevocable, unrestricted, non-restricted, non-exclusive, royalty-free license to use, including but not limited to promotional and advertising purposes, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such communications, files, photographs, messages, data, and any ideas or original materials contained in such said items, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in such communications, files, photographs, messages, data, and any ideas or original materials including, without limitations, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
MEMBER INFORMATION & EMAIL
5.1 SM.com considers non-public member account information, including but not limited to information provided during the registration process and e-mail communications transmitted through the Service, to be private information. SM.com shall not disclose such information to any third parties without your consent. However, you acknowledge and agree that SM.com may in good faith disclose such information if it is reasonably necessary:
- to comply with the law;
- to enforce the Agreement;
- to respond to claims that such content violates the rights of third-parties; and
- to protect the rights or interests of SM.com and its users.
5.2 You understand and agree that SM.com may access the content of your account in order to identify and resolve technical problems or service complaints.
MODIFICATIONS TO SERVICE AGREEMENT
SM.com reserves the right, at its sole discretion, to modify, change, add or remove any portion of these terms and conditions of use, in whole or in part, at any time. You will be informed of any such changes by a notice on the Service Agreement page stating that the Agreement has changed. Changes in these terms and conditions will be effective from the time they are posted on the site. Your continued use of the Service after SM.com has posted such notice constitutes your acceptance of any such changes.
MODIFICATIONS TO SERVICE
7.1 SM.com reserves the right to modify or discontinue, temporarily or permanently, the BikerKiss.com Service with or without notice to you.
7.2 You agree that SM.com shall not be liable to you or any third party for any modification or discontinuation of the Service.
8.1 You agree to be solely responsible for the contents of your transmissions to or through the Service and for your interactions with other SM.com members.
8.2 You agree to abide by all applicable local, state, national, and international laws and regulations in your use of the Service, and agree not to attempt to gain unauthorized access to other computer systems or networks connected to the BikerKiss.com Service. You also agree not to interfere with the use and enjoyment of the Service by other members.
8.3 You agree not to transmit any unlawful, harassing, libelous, privacy invading, sexually and/or racially offensive, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind.
8.4 You agree not to transmit any material that violates the rights of another, including but not limited to the intellectual property rights of another.
8.5 You agree not to transmit "junk mail", "spam," "chain letters," or unsolicited mass distribution of email, or to use the BikerKiss.com Service for any commercial purposes.
You agree not to engage in advertising or solicitation of other members across any sites owned by SM.com. This includes but is not limited to advertising to buy or sell any products or services, solicitations of any sort, or for any commercial purposes. You are forbidden from sending any chain letters, junk email, or product solicitations through our service. Use of our service for advertising is strictly forbidden unless expressly approved by SM.com.
USE OF SITE
9.1 You agree not to interfere or attempt to interfere with the operation of the site (the "Site"), Service and/or Software use to operate the Site and the Service (the "Software") in any way through any means or device including but not limited to uploading computer viruses, hacking, spamming and/or time bombs, or by means expressly prohibited by any provisions of these terms and conditions.
9.2 You and/or any Member and/or Standard member may not at any time attempt to use or act upon any software, robot, and bot, spider and/or any other means of entering the Site and/or Service. You may not post any type of service or URL for any reason.
9.3 You agree not to include in your public profile any telephone numbers, street addresses, last names, URLs, email addresses, offensive anatomical or sexual references or offensive sexually suggestive language. You also agree not to post any photos containing nudity or otherwise offensive material in any areas on the Site or the Service, which are accessible to the public or SM.com 's general membership.
9.4 SM.com reserves the right, but has no obligation, to reject or remove any profile or photo that does not comply with the letter or spirit of the Agreement.
9.5 Your membership in the BikerKiss.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. You are responsible for logging out if your computer is accessible to others. This prevents unauthorized access.
NO RESALE OF SERVICE
You agree not to resell the BikerKiss.com Service or use of or access to the Service.
11.1 For purposes of your use of our Service, you agree to provide us with true, accurate and complete information as required by the subscription or sign up process ("Subscription Data"), including your legal name, address, phone number, email address and other billing information (e.g., credit card number and expiration date), and to allow us to share your Subscription Data with third parties for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account.
11.2 Payment for the Service may be made by credit card or other means by which SM.com authorizes.
11.3 The monthly service charges are subject to change without any notice.
11.4 You agree to promptly inform SM.com of apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until SM.com is notified by e-mail of a breach in security, the Member will remain liable for any unauthorized use of the service.
11.5 In order to provide continuous service, SM.com automatically renews your 1 month membership package on the date such subscriptions expire. 3 and 6 month bundles do not automatically renew. By entering into this Agreement, you acknowledge that your account will be subject to the above renewal. If you do not wish to be renewed, please follow instructions set out under 'Membership/Subscription status' above.
11.6 If you initiate a chargeback or otherwise reverse a membership payment, SM may in its discretion terminate your account immediately. SM reserves the right to counterdispute the chargebacks and reversals.
12.1 You agree that SM.com may, in its sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach of the Agreement or any subsequent modifications, or your attempt to assign your account to a third party. You acknowledge and agree that termination may be effected without prior notice, and acknowledge and agree that SM.com may immediately delete files in your account and bar any further access to it. SM.com may also impose limits on certain services and features or restrict your access to parts or the entire Site without notice or liability.
12.2 You acknowledge and agree that any suspected fraudulent, abusive or illegal activity may be termed as grounds for termination of your account and may be referred to appropriate law enforcement authorities.
12.3 Should you object to any terms and conditions of the Agreement, or any subsequent changes to the Agreement, or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue and terminate your membership with the Service; and then notify SM.com of termination by sending an e-mail to support@BikerKiss.com.
12.4 Your membership under this Agreement shall be available for an unspecified term on an at-will basis. If SM.com terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. Even after your membership has terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
DEALINGS WITH ADVERTISERS, VENDORS & OTHER THIRD PARTIES
13.1 You acknowledge and agree that any and all links from SM.com and/or all other sites owned and/or operated by SM.com on the World Wide Web and/or the Internet, to other sites do not constitute an endorsement from SM.com or any of its partners, affiliates, and/or other sites or services. These links are provided as an information service only. It is the responsibility of the Member to evaluate the content and usefulness of information from these links.
13.2 Because SM.com has no control over such sites and recourses, you acknowledge and agree that SM.com is not responsible for the availability or content of such external sites or resources.
13.3 You agree not to hold SM.com liable for any loss or damage of any sort incurred as the result of the presence, availability or non-availability of the advertisers, partners, vendors or other third parties available on or through the Service, or as the result of any dealings with such parties, including but not limited to attendance at events advertised or purchase or use of goods or services offered on or through the SM.com Site.
14.1 You acknowledge and agree that content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material contained in sponsor advertisements or information presented to you by SM.com , its partners or advertisers, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that you are permitted to download and print this material and information for your personal, non-commercial use or as expressly authorized by SM.com , its partners or advertisers, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express authorization. You agree to abide by any and all information, restrictions, and/or copyright notices displayed on the site.
14.2 To the fullest extent permitted by law, you acknowledge and agree that any material you send to SM.com , by email or otherwise, including any suggestions and comments on SM.com , the site, BikerKiss.com , the Service and/or the Software or that you post in any areas on the Service that are accessible to the public or SM.com 's general membership, will be treated as non-confidential and non-proprietary and SM.com may use such material, in whole or in part, in any medium for any purpose, including but not limited to the reproduction, disclosure, transmission, publication, broadcast and posting of such material in advertising and promotions. You further agree that no commission or money will be exchanged in return.
WARRANTIES & REPRESENTATIONS
By posting or transmitting any file, data, photograph, or other content or communication to SM.com or on the Service, you represent and warrant as follows:
15.1 That the public posting and use of the file, message, data, photograph, or other content or communication by SM.com and any Members will not infringe or violate the rights of any third party, including but not limited to any intellectual property rights.
15.2 That, prior to transmitting to SM.com or posting or reproducing on the Service any file, message, data, photograph, or other content or communication in which a third party has any proprietary interest, including but not limited to any intellectual property rights, you have obtained all necessary consent from that third party or parties.
15.3 That you are using the Service in accordance with any and all applicable laws and regulations, including but not limited to your use in posting, transmitting or reproducing any file, message, data, photograph or other content or communication.
DISCLAIMER OF WARRANTIES
16.1 The Service and the materials available on or through the BikerKiss.com Service are provided "as is" and "as available" and without warranties or conditions of any kind, either express or implied.
16.2 To the fullest extent permissible under applicable law, SM.com disclaims all warranties and conditions, express or implied, including, but not limited to, implied warranties and conditions of merchantability, merchant quality, correspondence to description and fitness for a particular purpose.
16.3 SM.com does not represent or warrant that the BikerKiss.com Service will be uninterrupted or error-free, or that defects will be corrected, or that this Site or the server that makes it available, are free of viruses or other harmful components. SM.com does not represent or warrant that the materials or the results of the use of the materials available through the Service or from third parties will be correct, accurate, timely, reliable or otherwise.
16.4 Further, SM.com does not conduct criminal background checks on its users. SM.com does however reserve the right to conduct any criminal or background checks at any time, using any available public records. (Such as the sex offender registry.)
16.5 SM.com is not responsible for any of the information provided to Us during the age, education, photo, occupation, income or any other verification process. In issuing any certification as to a member's 'verified' status, You agree and accept that SM.com has not done any due diligence on the materials or information provided, but has simply relied on the information submitted by the member, which may or may not be accurate or truthful. The term "verified" or "certified" is not to be in anyway construed as a guarantee.
LIMITATION OF LIABILITY
17.1 To the fullest extent permissible under applicable law, SM.com shall not be liable under any circumstances, including but not limited to negligence, for any direct, indirect, incidental, special or consequential damages that result from:
- the use of or the inability to use the BikerKiss.com Service,
- any changes to the Service,
- unauthorized access to or alteration of your transmissions or data,
- any material or data sent or received or not sent or received, or
- any transactions entered into through the Service.
17.2 You specifically agree that SM.com is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights.
17.3 In no event, except in jurisdictions where such provisions are restricted, shall SM.com and each of its stand-alone services, its parents, subsidiaries, affiliates, officers and employees be liable to you or any third party for any exemplary, incidental, indirect, consequential, special or punitive damages, including any and/or lost profits arising from your use of the Site, the Service, SM.com , any and all other sites, any and all services, advertising, banners, and/or any part of the Site and/or any service or services offered, even if SM.com has been advised of the possibility of such damages.
17.4 At all times SM.com and all of its other services and companies shall never in any way be liable to you for more than the amount paid.
17.5 In no event shall SM.com be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of this service or persons you meet through this service. You agree to take reasonable precautions in all interactions with other members of the service, particularly if you decide to meet offline or in person. You understand that SM.com makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the service. You should not provide your financial information (for example, your credit card or bank account information, ssn, etc) to other members.
Any notice to SM.com shall be made via email or regular mail as listed under the Contact Us section on the Site. If the notice concerns your withdrawal from the Service as specified in section 11.3, it will be effective within a reasonable time after SM.com receives it. Your withdrawal notice will not affect the legal validity or enforceability of the Agreement provided to you and electronically signed by you prior to the effective date of your withdrawal.
20.1 The Agreement and the relationship between you and SM.com shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and SM.com agree to submit to the personal and exclusive jurisdiction of the state courts located in Santa Clara County, California or the United States District Court for the Northern District of California.
20.2 The company's failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.
20.3 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 Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
20.4 The section titles in the Agreement are for convenience only and have no legal or contractual effect.
SM.com posts all profiles without explicit knowledge of and/or about the person who submitted the profile or profiles. At any time you suspect anyone of wrongdoing or if at any time you feel the need to contact SM.com about a violation of its policy and/or policies please contact SM.com through email or fax at the addresses and numbers listed in the Contact Us section of the Site.
U.S. EXPORT CONTROLS
Any and/or all software from SM.com and each of its stand-alone services, its parents, subsidiaries, affiliates, officers and employees, is further subject to United States export control laws and regulations. Under no circumstances can any software from this Site be downloaded or otherwise exported or re-exported:
a. into or to a national or resident of Libya, Iran, Cuba, North Korea, Iraq, Syria, or any other Country to which the U.S. has embargoed goods; or
b. to anyone on the U.S. Treasury Department's Table of Denial Orders. By using this Site and any Software and/or by downloading any Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such Country or on any such list.
23.1 SM.com assumes no responsibility for any interruption, technical malfunctions, error, defect, deletion, omission, communications line failure, delay in operation or transmission, unauthorized access to, theft or destruction, or alteration of, members and/or users and/or standard member communications. This includes personal injury or damage to users, members, standard member, or anyone else or to any person's computer related to or resulting from participating or downloading materials in connection with SM.com and each of its stand-alone services, its parents, subsidiaries, affiliates, officers and employees.
23.2 SM.com cannot guarantee and does not promise any specific results from use of the Service and/or the Site of SM.com
I HAVE READ AND UNDERSTOOD THIS AGREEMENT AND AGREE TO ALL THE PROVISIONS CONTAINED ABOVE
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