|
|
|
Disclaimer
This is the legal stuff that we have to put up here
in order to foil all the evil people of the world.
Read it at your own risk.
THEKISS.COM AGREEMENT
TERMS UNDER WHICH THIS SERVICE IS
PROVIDED
RESTRICTIONS ON USE
This site (thekiss.com,
kissingmachine.com, e-kiss.com) is owned and
operated by Hays Internet Marketing and contains
material which is derived in whole or in part from
material supplied by Hays Internet Marketing,
Tomima Edmark, and other sources, and is protected
by copyright and trademark laws.
You may not modify, copy, reproduce,
republish, upload, post, transmit or distribute in
any way any material from this site including code
and software ("Material"). You may download
Material from this site for your personal,
non-commercial use only, provided you keep intact
all copyright and other proprietary notices.
DISCLAIMER
HAYS INTERNET MARKETING HAS PROVIDED
LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY
THIRD PARTIES ("THIRD PARTY SITES") AND MAY FROM
TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THIS
SITE. NEITHER HAYS INTERNET MARKETING, ITS OWNERS,
EMPLOYEES NOR THEIR AFFILIATES OPERATE OR CONTROL
IN ANY RESPECT ANY INFORMATION, PRODUCTS OR
SERVICES ON THESE THIRD PARTY SITES. THE MATERIALS
IN THIS SITE AND THE THIRD PARTY SITES ARE PROVIDED
"AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER
EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, HAYS
INTERNET MARKETING DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. HAYS INTERNET MARKETING
DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN
THE MATERIALS AND PRODUCTS WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVER
THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. HAYS INTERNET MARKETING
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE
MATERIALS IN THIS SITE OR IN THIRD PARTY SITES IN
TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS,
RELIABILITY OR OTHERWISE. YOU (AND NOT HAYS
INTERNET MARKETING) ASSUME THE ENTIRE COST OF ALL
NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
E-KISS
E-kisses allow messages to be sent via
e-mail between users. Hays Internet Marketing owns
the graphics of the lips and the HTML coding as
well as the computer program that generates the
e-kiss.
Hays Internet Marketing does not control
the messages, information or files delivered via
e-kisses. It is a condition of your use of the
e-kiss and this Website that you do not:
--restrict or inhibit any other user
from using and enjoying the e-kiss;
--post or transmit any unlawful,
threatening, abusive, libelous, defamatory, obscene
, vulgar, pornographic, profane or indecent
information of any kind, including without
limitation any transmissions constituting or
encouraging conduct that would constitute a
criminal offense, give rise to civil liability or
otherwise violate any local, state, national or
international law;
--post or transmit any information,
software or other material which violates or
infringes in the rights of others, including
material which is an invasion of privacy or
publicity rights or which is protected by
copyright, trademark or other proprietary right, or
derivative works with respect thereto, without
first obtaining permission from the owner or right
holder.
--post or transmit any information,
software or other material which contains a virus
or other harmful component;
--post, or transmit or in any way
exploit any information, software or other material
for commercial purposes or which contains
advertising.
You understand that Hays Internet
Marketing has no obligation to monitor the
e-kisses. However, Hays Internet Marketing reserves
the right at all times to disclose any information
as necessary to satisfy any law, regulation or
governmental request, or to edit, refuse to post or
to remove any information or materials, in whole or
in part, that in Hays Internet Marketingšs sole
discretion are objectionable or in violation of
these Terms and Conditions.
CHAT ROOMS
Chat rooms may include feedback to Hays
Internet Marketing and real-time interaction
between users. Hays Internet Marketing does not
control the messages, information or files
delivered to chat rooms. It is a condition of your
use of the chat rooms and this Website that you do
not:
--restrict or inhibit any other user
from using and enjoying the chat rooms;
--post or transmit any unlawful,
threatening, abusive, libelous, defamatory, obscene
, vulgar, pornographic, profane or indecent
information of any kind, including without
limitation any transmissions constituting or
encouraging conduct that would constitute a
criminal offense, give rise to civil liability or
otherwise violate any local, state, national or
international law;
--post or transmit any information,
software or other material which violates or
infringes in the rights of others, including
material which is an invasion of privacy or
publicity rights or which is protected by
copyright, trademark or other proprietary right, or
derivative works with respect thereto, without
first obtaining permission from the owner or right
holder.
--post or transmit any information,
software or other material which contains a virus
or other harmful component;
--post, or transmit or in any way
exploit any information, software or other material
for commercial purposes or which contains
advertising.
You understand that Hays Internet
Marketing has no obligation to monitor the chat
rooms. However, Hays Internet Marketing reserves
the right at all times to disclose any information
as necessary to satisfy any law, regulation or
governmental request, or to edit, refuse to post or
to remove any information or materials, in whole or
in part, that in Hays Internet Marketingšs sole
discretion are objectionable or in violation of
these Terms and Conditions.
LIMITATION OF LIABILITY
Under no circumstances, including, but
not limited to, negligence, shall
Hays Internet Marketing, its subsidiary
and parent companies, or affiliates be liable for
any direct, indirect, incidental, special or
consequential damages that result from the use of,
or the inability to use Hays Internet Marketing
materials. You specifically acknowledge and agree
that Hays Internet Marketing is not liable for any
defamatory, offensive or illegal conduct of any
user. If you are dissatisfied with any Hays
Internet Marketing material, or with any of Hays
Internet Marketingšs terms and conditions, your
sole and exclusive remedy is to discontinue using
Hays Internet Marketing.
TERMINATION
This agreement is effective until
terminated by Hays Internet Marketing, at any time
without notice. In the event of termination, you
are no longer authorized to access the Web site and
the restrictions imposed on you with respect to
material downloaded from the Web site, the
disclaimers and limitations of liabilities set
forth in this agreement, shall survive.
OTHER
This agreement shall be governed by and
construed in accordance with the laws of the State
of Texas without giving effect to any principles of
conflicts of law. If any provision of this
agreement shall be unlawful, void, or for any
reason unenforceable then that provision shall be
deemed severable from this agreement and shall not
affect the validity and enforceability of any
remaining provisions.
|
|