Terms and Conditions
You are here: KisforKink.com
And this is your agreement with SS Media Works Inc., owner of the K is for Kink Website (collectively referred to herein as KisforKink.com). For convenience, this agreement will refer to the K is for Kink Website, forum, blog, video services or applications offered from time to time by KisforKink.com and SS Media Works Inc. as the "Website." If you choose to become a "Member" of the Website you may do so only under the policies, terms and conditions below.
Members who enter into this Agreement and those who solicit or receive video services from Website will be referred to as "Members." Members who create written content and/or Video Services will also be referred to as "Company".
The policies, terms and conditions below limit the liability and obligations of the Website to you and allow Website to change, suspend or terminate your access to and use of the Website's content and video services. We urge you to carefully read the following terms and conditions, and all policies referenced below or elsewhere on the Website.
YOU UNDERSTAND THAT BY REGISTERING AS A MEMBER OF THE WEBSITE, BY USING THE SITE AND ANY VIDEO SERVICES INCLUDING ANY CONTENT PROVIDED THEREIN, BY INITIATING ANY FORM OF COMMUNICATION WITH A MEMBER OR COMPANY, BY UTILIZING THE FORUM OR ONLINE CHAT SERVICES OR BY POSTING ANYTHING ON THE WEBSITE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS THAT BINDS YOU IN THE SAME WAY THAT A PAPER CONTRACT BINDS YOU. ALL USE OF THE SITE AND VIDEO SERVICES ARE SUBJECT TO THE TERMS OF THIS AGREEMENT AND ANY TERMS AND INSTRUCTIONS REFERENCED IN THE SITE, WHICH ARE INCORPORATED AND CONSIDERED AS PART OF THESE TERMS. YOU MUST ACCEPT WITHOUT MODIFICATION ALL OF THE TERMS, CONDITIONS, POLICIES AND NOTICES REFERENCED IN THIS AGREEMENT IN ORDER TO ACCESS AND USE THE SITE AND VIDEO SERVICES. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR VIDEO SERVICES.
1. Eligibility to use the Site and Video Services is limited.
The Website and Video Services are available only to persons who are at least eighteen (18) years old and are otherwise capable of forming legally binding contracts under applicable law.
You shall not use the Website or become a Member if you are located or reside in a country (a) in which use or participation is prohibited by law, decree, regulation, treaty or administrative act or (b) is prohibited from entering into trade relations with the United States or its citizens. Such countries include, without limitation, Afghanistan, Burma, Cuba, Iran, Iraq, Libya, North Korea, Serbia, Sudan, Syria and Yugoslavia.
2. You use or provide Video Services and consult with other Members at your own risk.
(a) Interaction with other Members and Company
KisforKink.com does not evaluate, provide, produce or control information or exchanges between Members, in any manner. KisforKink.com does not itself verify, guarantee or make any representations regarding the identity or qualifications of any Member.
The Website is not intended for use as a payment service to exchange goods. KisforKink.com is not responsible for use or exchange of any information, files or goods between Members. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Website and Video Services, in evaluating the qualifications of, and statements made by, Members who create written content, and in disclosing personal information to other Members. KisforKink.com recommends that you do not disclose personal contact information to Members.
In providing Video Services, online chats, forums, blogs and other interactions between Members, KisforKink.com acts only as an interface to facilitate communications initiated between Members. As a Member, you are not an employee, agent or contractor of KisforKink.com, and you shall not represent that you are any of the foregoing. You are solely responsible for all equipment necessary to access and use the Website and Video Services, and for reporting and payment of all taxes associated with fees transferred to you by KisforKink.com.
3. Modification of the terms and conditions for use of the Website, at any time without notice to you.
KisforKink.com reserves the right in its sole discretion to modify or discontinue the Website or any of its functions or services. KisforKink.com also reserves the right in its sole discretion to modify the terms and conditions of your use of the Website, without notice.
4. Suspension or termination of your use of the Website
Without limiting other remedies, KisforKink.com may at any time suspend or terminate your membership and refuse to provide access to the Website without reason or notice to you. In addition, KisforKink.com may notify your bank and/or authorities or take any actions it deems appropriate without notice to you, (i) if KisforKink.com suspects that you have failed to comply with any provision of this Agreement or any other policies or rules established by KisforKink.com; (ii) if KisforKink.com is unable to verify or authenticate any billing or payment information you provide; or (iii) if KisforKink.com suspects that your actions may be illegal or cause liability, harm or disruption for you, other Members, KisforKink.com or the Website. You have the right to cancel your paid membership by selecting "manage" and following the instructions. Any suspension, termination or cancellation will not affect your obligation to pay any amounts due to KisforKink.com.
5. Use of your password and username
You agree to maintain the confidentiality of your password and Member account information and to supervise all activities that occur under your Member name, password or Member account, including, but not limited to, any and all usage of the Website by other persons under your Member name and password. You agree that you will not permit, enable, introduce or facilitate non-Members having access to or use of the Website or Video Services in any manner without such individuals first becoming Members.
You are solely responsible for all use made of the Website and Video Services under your password and Member account information and agree to pay for all Video Services purchased using your password and Member account information. You agree that KisforKink.com is not responsible for any loss that you may incur as a result of any unauthorized person using your Member account or password.
Payments may be made by credit card, debit card, check or money order. You authorize KisforKink.com to charge your credit card or other approved payment facility for all costs and charges you incur from your use of the Website and the Video Services. You are responsible for informing Customer Service,
, available 24 hours 7 days a week, of all actual or apparent breaches of security, lost cards or passwords, or unauthorized use, and remain liable for all uses until KisforKink.com is properly informed.
7. In using or accessing the Website or Video Services you agree to comply with the following:
(a) You represents and warrants that you:
(i) are at least 18 years of age;
(ii) will not violate any applicable laws or regulations of any state or federal legislature or regulatory body;
(iii) will not redistribute the material on the site to anyone, nor permit any minor to view this material nor expose to the material any person who may find it offensive;
(iv) believes that the materials viewed on the site do not offend the standards of the community in which you resides as to the candid representations of matters of sexuality and appeal to healthy and normal human interests in that regard;
(b) You are solely responsible for the content provided and the content on posts created under your Member account.
(c) You will not use the Website for any purpose that is unlawful, fraudulent or contrary to this Agreement and the policies of KisforKink.com, and you will cooperate fully with KisforKink.com to investigate any suspected unlawful, fraudulent or improper activity, including but not limited to granting authorized KisforKink.com representatives access to any password-protected portions of your Member account.
(d) You will not use the Website in any manner that harasses another Member or could interfere with any other party's use or enjoyment of the Website. You will respect the privacy of others and not use the Website for unwelcome, rude or abusive communications.
(e) You will not attempt to gain unauthorized access to any Member account information, computer systems or networks associated with the Website.
(f) You will not "frame," "mirror" or otherwise copy any portion of the Website without the express authorization of KisforKink.com.
(g) You will not transmit "junk mail," "spam," "chain letters" or unsolicited mass distribution of email, reviews, forum, blog or postings, or transmit solicitation for employees, consultants, contractors or for participation on other websites.
(h) Members are solely responsible for the content of all postings under their Member login and ensuring that they are in compliance with all applicable laws and regulations, including but not limited to providing certain record location information under 18 USC 2257 and corresponding regulations where applicable. KisforKink.com is not able to advise Members on the legal requirements that may apply to their account and you are urged to consult with your our legal counsel.
(i) KisforKink.com may monitor your service usage, and use this information as required by any law, regulation or compulsory process or requirement. KisforKink.com also reserves the right to develop consumer research databases based on your use of the service. If we do so, we shall at all times comply with the applicable laws and regulations, including those of the Federal Communications Commission, then in effect.
8. Member content storage.
KisforKink.com assumes no responsibility for the deletion of or failure to store your content.
9. KisforKink.com prohibits the unauthorized use of copyrighted materials and trademarks.
KisforKink.com and its personals partner sites respect the intellectual property of others and we ask that our Members do the same. All material in KisforKink.com, including, without limitation, text, software, photos, video, graphics, music and sound, is protected by U.S. and international copyright laws, both as individual works and as a collection. The downloading or use of copyrighted material provided by KisforKink.com or a third-party content provider is allowed by members for personal use. You may not copy, reproduce, retransmit, distribute, publish, commercially exploit, or otherwise transfer any such copyrighted material in any format, electronic or otherwise. Your access to content posted by other Members is also for your personal use only. If you want to redistribute such content, it is your responsibility to obtain permission from the Member who posted it. Any material protected by copyright may not be posted on KisforKink.com without the express permission of the author or owner of the copyright on that material.
If you believe that your copyrighted work has been infringed and you want us to take down or disable the infringement, please provide KisforKink.com's copyright agent with the following information. The information requested is intended to substantially conform to the requirements set forth in the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (c)(3)(A).
1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner or exclusive licensee.
2. Identification of the copyrighted work claimed to be infringed. If a notice refers to multiple works posted at a single location, it is sufficient to include a representative list of works infringed at the site.
3. Identification of the material claimed to be infringing including information reasonably sufficient to permit the service provider to locate the material. Specifically, a complete URL -- or URLs in the case of multiple works -- must be provided.
4. Information reasonably sufficient to permit us to contact the complaining party, including an address, telephone number, and email address.
5. A statement that the complaining party believes, in good faith, that the copyrighted material identified is being used in a manner that is not authorized by "the copyright owner, its agent, or the law."
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Any notification by a copyright owner or a person authorized to act on the copyright owner's behalf that fails to comply with the provisions above shall not be considered sufficient notice and shall not be deemed to confer upon KisforKink.com actual knowledge of facts or circumstances from which infringing material or acts are evident. The Designated Agent for Notice of claims of copyright infringement of KisforKink.com: L. Golden, 2470 East 16th St. Brooklyn, NY 11235. The custodian can be reached electronically at
10. Links to Other Websites.
The Website may provide links to websites other than KisforKink.com. Such links are provided for reference only, and KisforKink.com neither controls such websites nor endorses any of the material on any such websites or any association with their operators.
12. No Assignment.
You shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of KisforKink.com. Any such purported assignment or delegation by you without the appropriate prior written consent of KisforKink.com will be null and void and of no force or effect, unless otherwise expressly consented to by KisforKink.com at its sole and absolute discretion.
KisforKink.com may assign this Agreement or any rights hereunder without your consent.
13. Relationship of the Parties.
Notwithstanding any provision hereof, for all purposes of this Agreement each party shall be independent and act independently and not as a contractor, partner, joint venturer, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract.
Any controversy or claim arising out of or relating to this Agreement, the breach thereof or its subject matter shall be settled by binding arbitration in accordance with the consumer commercial arbitration rules of the American Arbitration Association. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in the trial courts of Kings County, State of New York, or in the U.S. District Court for the Eastern District of New York, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Notwithstanding anything to the contrary, KisforKink.com, the Member or any other party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. KisforKink.com failure to act with respect to a breach by you or others does not waive KisforKink.com's right to act with respect to subsequent or similar breaches. The failure of KisforKink.com to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. This Agreement shall be governed by and interpreted in accordance with the laws of the State of New York. You agree that this Agreement and all rules and restrictions and policies contained herein, and KisforKink.com's enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and KisforKink.com. This Agreement together with the rules and policies of KisforKink.com constitutes the entire agreement between KisforKink.com and you with respect to the subject matter hereof.
THE WEBSITE AND ANY VIDEO SERVICES OR GOODS OBTAINED THROUGH THE WEBSITE ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND. KISFORKINK.COM AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, VIDEO SERVICES AND ALL COMMUNICATIONS BETWEEN MEMBERS MADE THROUGH THE WEBSITE, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. In addition, KisforKink.com makes no representation or warranty that the operation of the Site will be error free. Some states do not allow the exclusion of warranty, so the above exclusions may not apply to you.
UNDER NO CIRCUMSTANCES WILL KISFORKINK.COM OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE WEBSITE OR VIDEO SERVICES, WHETHER OR NOT KISFORKINK.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, KISFORKINK.COM AND ITS SUPPLIERS' AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (a) THE TOTAL FEES ACTUALLY EARNED BY KISFORKINK.COM FROM YOU IN THE PREVIOUS TWELVE (12) MONTHS, AND (b) ONE HUNDRED DOLLARS ($90). KISFORKINK.COM WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you.
YOU FURTHER AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY KISFORKINK.COM, AND ITS EMPLOYEES, SUBSIDIARIES, AGENTS AND REPRESENTATIVES, FROM AND AGAINST ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE WEBSITE OR PROVISION OF VIDEO SERVICES, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEYS' FEES, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, FORESEEABLE AND UNFORSEEABLE, DISCLOSED AND UNDISCLOSED. In each case, KisforKink.com will provide you with written notice of such claim, suit or action. KisforKink.com shall have the right to withhold payments to you to offset liabilities and expenses covered hereunder.
MISREPRESENTATION OF YOUR AGE TO GAIN ACCESS TO THIS SITE IS A VIOLATION OF THE LAW. IF YOU ARE NOT 18 YEARS OF AGE, YOU MUST EXIT THIS WEBSITE IMMEDIATELY.