Kinnecting (“Kinnecting Co.,” “we,” or “us”) operates the Kinnecting mobile app and related website (“Kinnecting”). By using Kinnecting in any way, you accept these Terms of Service (“Agreement”). If you do not wish to be bound by this Agreement, do not use Kinnecting.
You must be at least 13 years old to use Kinnecting. Use is void where prohibited. By using Kinnecting, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you use Kinnecting, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity.
Kinnecting, Co. grants you a limited, non-exclusive license to access and use Kinnecting for your own personal, non-commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else.Except as expressly permitted by Kinnecting Co in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble Kinnecting. Nor will you take any measures to interfere with or damage Kinnecting. All rights not expressly granted by Kinnecting, Co. are reserved.
This Agreement begins on the date you first use Kinnecting and continues until terminated in accordance with the provisions hereof. Kinnecting, Co. may suspend, disable, or delete your account (or any part thereof) if Kinnecting, Co. determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Kinnecting, Co.’s reputation or goodwill. If Kinnecting, Co. deletes your account for the foregoing reasons, you may not re-register under a different name. Upon termination, all licenses granted by Kinnecting, Co. will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. Kinnecting, Co. shall not be responsible for the loss of such content. You may request your account to be deleted by emailing firstname.lastname@example.org.
a. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER KINNECTING USERS. YOU UNDERSTAND THAT KINNECTING, CO. CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. KINNECTING, CO. ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. KINNECTING, CO. MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USER. KINNECTING, CO. RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
b. IN NO EVENT SHALL KINNECTING, CO. BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, EMEPLARY, 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, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE KINNECTING SERVICE OR PERSONS YOU MEET THROUGH KINNECTING. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
c. Kinnecting, Co. reserves the right to modify Kinnecting. You are responsible for providing your own access to Kinnecting. Kinnecting, Co. has no obligation to screen or monitor any content and does not guarantee that any content available on Kinnecting complies with this Agreement or is suitable for all users. d. Kinnecting, Co. provides Kinnecting on an “as is” and “as available” basis. You therefore use Kinnecting at your own risk. Kinnecting, Co. expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Kinnecting, Co. makes no representations or warranties:
▪ That Kinnecting will be permitted in your jurisdiction;
▪ That Kinnecting will be uninterrupted or error-free;
▪ Concerning any content submitted by any user;
▪ Concerning any third party’s use of content that you submit;
▪ That any content you submit will be made available on Kinnecting or will be stored by Kinnecting, Co.;
▪ That Kinnecting, Co. will continue to support any particular feature of Kinnecting;
▪ Concerning sites and resources outside of Kinnecting, even if linked to from Kinnecting.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used Kinnecting, and no warranties shall apply after such period.
Prohibited Activities In using Kinnecting, you must behave in a civil and respectful manner at all times. Further, you will not: a. Harass or stalk any other person; b. Harm or exploit minors; c. Act in a deceptive manner by, among other things, impersonating any person; d. Collect information about others; e. You will not express or imply that any statements you make are endorsed by Kinnecting, Co. without our specific prior written consent. f. You will not distribute spam, and will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents. g. 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. h. You will not interfere with or disrupt the services or the site or the servers or networks connected to the services or the site. i. You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
You are solely responsible for the content that you publish or display (hereinafter, “post”) on the Service, or transmit to other Members. You will not post on the service, or transmit to other users, any defamatory, 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 not provide inaccurate, misleading or false information to Kinnecting, Co. or to any other user. If information provided to Kinnecting, Co., or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change.
The following is a partial list of content you may not upload, post, or transmit (collectively, “submit”):
11.1. is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
11.2. harasses or advocates harassment of another person;
11.3. promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
11.4. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
11.5. contains sexually explicit content;
11.6. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
11.7. involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
11.8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
11.9. solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
11.10. engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
11.11. infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
You grant Kinnecting, Co. and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content. In addition, you waive any so-called “moral rights” in your content. You further grant all users of Kinnecting permission to view your content for their personal, non-commercial purposes. If you make suggestions to Kinnecting, Co. on improving or adding new features to Kinnecting, Kinnecting, Co. shall have the right to use your suggestions without any compensation to you.
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to Kinnecting, Co. and grant the licenses set forth above; (ii) Kinnecting, Co. will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless Kinnecting, Co. and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on Kinnecting; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Kinnecting violates any law or infringes any third party right, including any intellectual property or privacy right.
Kinnecting, Co. respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to Kinnecting do not infringe any third party copyright.Kinnecting, Co. will promptly remove materials in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright.In addition, Kinnecting, Co. may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.DMCA Takedown Notice If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information: 1. Your name, address, telephone number, and email address (if any).2. A description of the copyrighted work that you claim has been infringed. 3. A description of where the material that you claim is infringing is located on Kinnecting, sufficient for Kinnecting, Co. to locate the material.4. A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law. 5. A statement by you that the information in your notice is accurate and, UNDER PENALTY OF PERJURY, you are the copyright owner or authorized to act on the copyright owner's behalf.6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
If you believe that your material has been removed by mistake or misidentification, please provide Kinnecting, Co. with a written counter-notification containing the following information: 1. Your name, address, and telephone number. 2. A description of the material that was removed and the location where it previously appeared. 3. A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification. 4. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which Kinnecting, Co. may be found (which includes the United States District Court for the Southern District of New York), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person. 5. Your electronic or physical signature.
20. Please note that we will provide complete counter-notifications to the person making the DMCA claim.That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the disabled materials. Until that time, your materials will remain disabled.Warning In filing a DMCA notice or counter-notification, please make sure that you have complied with all of the above requirements. If we request additional information necessary to make DMCA your notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of the requirements, your notification or counter-notification may not be processed. In addition, please make sure that all of the information you provide is accurate.UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.Kinnecting, Co.’s Copyright Agent You may send a DMCA notice, a DMCA counter-notification, or any inquiries concerning intellectual property to Kinnecting, Co.’s Copyright Agent: Kinnecting, Co. 510 N Flores St, West Hollywood, CA 90048 Department – Copyright Agent Email: contact [at] kinnecting [dot] com Other Complaints You may send non-copyright complaints to:Kinnecting, Co. 510 N Flores St, West Hollywood, CA 90048Department – Copyright Agent Email: contact [at] kinnecting [dot] com
GOVERNING LAW: This Agreement shall be governed by the laws of the State of California, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.DISPUTES: Any action arising out of or relating to this Agreement or your use of Kinnecting must be commenced in the state or federal courts located in Los Angeles County, California, United States of America (and you consent to the jurisdiction of those courts).In any such action, Kinnecting, Co. and you irrevocably waive any right to a trial by jury. INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES:Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Kinnecting, Co. in exercising any right hereunder will waive any further exercise of that right. Kinnecting, Co.’s rights and remedies hereunder are cumulative and not exclusive. SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES:This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Kinnecting, Co.’s prior written consent. No third party shall have any rights hereunder. NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Kinnecting, Co. electronically. Kinnecting, Co. may provide all such communications by email or by posting them on Kinnecting. Support-related inquiries or notices of a legal nature (such as a subpoena) may be sent to us atcontact [at] kinnecting [dot] com or the following address: Kinnecting, Co. 510 N Flores St. West Hollywood, CA 90048Department Nothing herein shall limit Kinnecting, Co.’s right to object to subpoenas, claims, or other demands.