Kiss Pranks User Agreement
Effective April 1, 2019.
Our website address is: https://kisspranks.com. This Kiss Pranks User Agreement (“Terms“) applies to your access to and use of the websites, mobile apps, widgets, and other online products and services (collectively, the “Services“) provided by Kiss Pranks (“Kiss Pranks,” “we,” or “us“).
Remember Kiss Pranks is for fun and is intended to be a place for your entertainment, but we still need some basic rules. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.
1. Your Access to the Services
Children under the age of 13 are not allowed to create an account or otherwise use the Services. Additionally, you must be over the age required by the laws of your country to create an account or otherwise use the Services.
In addition, certain of our Services or portions of our Services require you to be older than 13 years of age, so please read all notices and any Terms carefully when you access the Services.
If you are accepting these Terms on behalf of another legal entity, including a business or a government, you represent that you have full legal authority to bind such entity to these terms.
2. Your Use of the Services
Kiss Pranks grants you a personal, non-transferable, non-exclusive, revocable, limited license to use and access the Services solely as permitted by these Terms. We reserve all rights not expressly granted to you by these Terms.
Except as permitted through the Services or as otherwise permitted by us in writing, your license does not include the right to:
- license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Content;
- modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services or Content; or
- access the Services or Content in order to build a similar or competitive website, product, or service.
We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
3. Your Kiss Pranks Account and Account Security
You are solely responsible for the information associated with Your Account and anything that happens related to Your Account. You must maintain the security of your Account and promptly notify Kiss Pranks if you discover or suspect that someone has accessed your Account without your permission. We recommend that you use a strong password that is used only with the Services.
You will not license, sell, or transfer your Account without our prior written approval.
4. Your Content
The Services may contain information, text, links, graphics, photos, videos, or other materials (“Content”), including Content created with or submitted to the Services by you or through your Account (“Your Content”). We take no responsibility for and we do not expressly or implicitly endorse any of Your Content.
By submitting Your Content to the Services, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all necessary rights.
You retain any ownership rights you have in Your Content, but you grant Kiss Pranks the following license to use that Content:
When Your Content is created with or submitted to the Services, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works from, distribute, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed. This license includes the right for us to make Your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with Kiss Pranks. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.
Any ideas, suggestions, and feedback about Kiss Pranks or our Services that you provide to us are entirely voluntary, and you agree that Kiss Pranks may use such ideas, suggestions, and feedback without compensation or obligation to you.
Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for a violation of these Terms, a violation of our Content Policy, or if you otherwise create liability for us.
5. Third-Party Content, Advertisements and Promotions
The Services may contain links to third-party websites, products, or services, which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any of their websites, products, or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.
The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any Content or information on the Services, including Your Content.
If you choose to use the Services to conduct a promotion, including a contest or sweepstakes, you alone are responsible for conducting the promotion in compliance with all applicable laws and regulations. The terms of your promotion must specifically state that the promotion is not sponsored by, endorsed by, or associated with Kiss Pranks and the rules for your promotion must require each entrant or participant to release Kiss Pranks from any liability related to the promotion.
6. Things You Cannot Do
When accessing or using the Services, you must respect others and their rights, including by following these Terms and the Content Policy, so that we all may continue to use and enjoy the Services. We support the responsible reporting of security vulnerabilities. To report a security issue, please contact us.
When accessing or using our Services, you will not:
- Create or submit Content that violates our Content Policy or attempt to circumvent any content-filtering techniques we use;
- Use the Services to violate applicable law or infringe any person or entity’s intellectual property or any other proprietary rights, or that is unlawful, misleading, discriminatory or fraudulent;
- Attempt to gain unauthorized access to another user’s Account or to the Services (or to other computer systems or networks connected to or used together with the Services);
- Upload, transmit, or distribute to or through the Services any computer viruses, worms, or other software intended to interfere with the intended operation of a computer system or data;
- Use the Services to harvest, collect, gather or assemble information or data regarding the Services or users of the Services except as permitted in these Terms or in a separate agreement with Kiss Pranks;
- Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
- Intentionally negate any user’s actions to delete or edit their Content on the Services; or
- Access, query, or search the Services with any automated system, other than through our published interfaces and pursuant to their applicable terms. However, we conditionally grant permission to crawl the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials subject to the parameters set forth in our robots.txt file.
We can remove content that you share in breach of these provisions and, if applicable, we may take action against your account and disable your account without prior notice.
7. Copyright, the DMCA & Takedowns
Kiss Pranks respects the intellectual property of others and requires that users of our Services do the same. We have a policy that includes the removal of any infringing materials from the Services and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers. If you believe that anything on our Services infringes a copyright that you own or control, you may notify Kiss Pranks by contact us.
Also, please note that if you knowingly misrepresent that any activity or material on our Service is infringing, you may be liable to Kiss Pranks for certain costs and damages.
We have all rights to remove Your Content without prior notice.
By using Kiss Pranks, you agree to defend, indemnify, and hold us, the owner, our licensors, our third party service providers and our officers, employees, licensors, and agents (the “Kiss Pranks Entities”) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) Your Content. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. KISS PRANKS, ITS LICENSORS, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE. KISS PRANKS DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR LINKED TO THE SERVICES OR THE ACTIONS OF ANY THIRD PARTY OR USER, INCLUDING MODERATORS. WHILE KISS PRANKS ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
10. Limitation of Liability
BY USING THE SERVICES/THIS WEBSITE/KISS PRANKS, YOU AGREED THAT IN NO EVENT AND UNDER NO THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, WILL THE KISS PRANKS ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE SERVICES THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. BY USING THE SERVICES, YOU AGREED THAT IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE KISS PRANKS ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR ANY AMOUNT YOU PAID KISS PRANKS IN THE PREVIOUS ONE MONTH FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND EVEN IF THE KISS PRANKS ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
WE DO NOT CONTROL OR DIRECT WHAT PEOPLE AND OTHERS DO OR SAY, AND WE ARE NOT RESPONSIBLE FOR THEIR ACTIONS OR CONDUCT (WHETHER ONLINE OR OFFLINE) OR ANY CONTENT THAT THEY SHARE (INCLUDING OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL AND OTHER OBJECTIONABLE CONTENT).
11. Governing Law and Venue
We want you to enjoy Kiss Pranks, so if you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns .
Except for the government entities listed below: any claims arising out of or relating to these Terms or the Services will be governed by the laws of California, other than its conflict of laws rules; all disputes related to these Terms or the Services will be brought solely in the federal or state courts located in San Francisco, California; and you consent to personal jurisdiction in these courts.
If you are a U.S. city, county, or state government entity, then this Section 11 does not apply to you.
If you are a U.S. federal government entity: any claims arising out of or relating to these Terms or the Services will be governed by the laws of the United States of America without reference to conflict of laws. To the extent permitted by federal law, the laws of California (other than its conflict of law rules) will apply in the absence of applicable federal law. All disputes related to these Terms or the Services will be brought solely in the federal or state courts located in San Francisco, California.
12. Changes to these Terms
We may make changes to these Terms from time to time. By continuing to access or use the Services on or after the Effective Date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using our Services before the changes become effective.
You may terminate these Terms at any time and for any reason by deleting your Account and discontinuing your use of all Services.
We may suspend or terminate your Accounts or ability to access or use the Services at any time for any or no reason, including for a violation of these Terms or our Content Policy.
The following sections will survive any termination of these Terms or of your Accounts: 4 (Your Content), 6 (Things You Cannot Do), 8 (Indemnity), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Governing Law and Venue), 13 (Termination), and 14 (Miscellaneous).
These Terms constitute the entire agreement between you and us regarding your access to and use of the Services. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be illegal, invalid or unenforceable, the rest of the Terms will remain in effect. You may not assign or transfer any of your rights or obligations under these Terms without our consent. We may freely assign these Terms.