YoungSwingers™.me is a Sexually Social Site for ages 18 to 44.
Terms of Use Agreement
Updated June 28, 2011Kasidie Entertainment, LLC ("Kasidie", "our", or "we") provides a service where people can publish, access, share, and/or view writings, images, photographs, art, video, audio and other information, and where people can engage with others for dating, friendship, and/or online and/or offline connections (the "Service"). By using the Kasidie.com website and applications, whether browsing pages or using applications, by clicking on third-party links, or by utilizing services and features such as member profiles (both your own and others), rendezvous, chat rooms, communities, walls, blogs, forums, flirts, friends, photo albums, email, parties, contests, flash'em, erotica, resort takeovers, featured travel events, club listings, and other features, by publishing or viewing writings, images, video, audio, or comments, or by participating in any contest or sponsor program, you ("User", "you" or "your") agree to be bound by this Terms of Use Agreement ("Agreement"). User agrees that Kasidie has, by making the Service available to User, provided fair and equitable consideration for entering into this Agreement. This Agreement sets out the legally binding terms of your use of the Service and may be modified by Kasidie from time to time, with such modifications effective upon posting to the website; specifically located by clicking on the link entitled "Terms of Use" found at the bottom of the page www.kasidie.com. This Agreement sets forth the understanding between the parties and governs your use of the Service, including any and all communications you have with others, and any and all Content ("Content", meaning, without limitation all information, writings (including but not limited to email, forum postings, rendezvous postings, wall postings, raves, comments, etc), images, text, photos, video, art, selections of multiple-choice boxes, lists, content, media and materials, all software, code, design, text, scripts, messages, images, photographs, illustrations, audio and video material, media files, artwork, graphic material, articles, databases, proprietary information, writings, spoken statements, music, video recordings, audio-visual works and recordings, slides, portraits, works of authorship, animated and/or motion pictures, interactive features, caricatures, likenesses, profiles, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of the Service, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in colors, alone or in conjunction with other work, characters, real or imaginary, in any part of the world) you publish (hereinafter "publish" or "post") or view on the Service. You may also receive a copy of this Agreement by contacting us at the address located in the Notices section of this Agreement and requesting our "Terms of Use Agreement".
This Website Contains Sexually-Explicit Adult Content!
THIS SITE CONTAINS NUDITY AND SEXUALLY EXPLICIT MATERIAL, INCLUDING BUT NOT LIMITED TO GRAPHIC PICTURES, IMAGES, VIDEO, AUDIO, AND WRITINGS, AND SHOULD ONLY BE VIEWED BY ADULTS 18 YEARS OF AGE OR OLDER AND OF LEGAL AGE TO VIEW SEXUALLY EXPLICIT MATERIAL AS DETERMINED BY THE LOCAL AND NATIONAL LAWS OF THE REGION IN WHICH YOU RESIDE. BY ACCESSING THE SITE, YOU AGREE AND WARRANT TO KASIDIE THAT YOU WISH TO SEE SEXUALLY EXPLICIT MATERIAL, ARE AN ADULT, AT LEAST 18 (OR 21, DEPENDING UPON MY INDIVIDUAL LOCAL OR NATIONAL LAWS REGARDING ACCESS TO ADULT SUBJECT MATTER) YEARS OF AGE, ARE INTENTIONALLY AND KNOWINGLY SEEKING ACCESS TO SUCH EXPLICIT MATERIALS FOR YOUR OWN PERSONAL USE, ARE NOT OFFENDED BY SEXUALLY EXPLICIT MATERIAL, NOR DO YOU FIND IT OBSCENE OR DEMEANING TO YOURSELF NOR TO ANY OTHER PERSON OR GROUP, ARE NOT LEGALLY PROHIBITED FROM USING THIS SITE BASED UPON YOUR LOCATION OR STATUS, ACKNOWLEDGE THAT EVERYONE FEATURED ON THIS SITE WAS AT LEAST 18 YEARS OF AGE AT THE TIME THAT CONTENT WAS CREATED, AND FULLY AGREE TO THIS TERMS OF USE AGREEMENT. YOU AGREE TO NOT ACCESS ANYTHING ON THIS SITE IF IT IS ILLEGAL TO DO SO IN YOUR LOCATION OR COMMUNITY, AND/OR YOU ARE OFFENDED BY SEXUALLY EXPLICIT CONTENT, AND/OR YOU ARE YOUNGER THAN 18 YEARS OF AGE (OR 21 YEARS OLD DEPENDING ON YOUR LOCATION).
1. Self Publishing Service
You recognize and accept that the Service is a non-moderated service which enables you and others to publish any information you (or they) want, subject to legal limitations and to policies stated herein, using the space and utilities provided (self publishing).
2. Non Commercial Use, Exceptions
You recognize and accept that the Service is a non-moderated service which enables you and others to publish any information you (or they) want, subject to legal limitations and to policies stated herein, using the space and utilities provided (self publishing).
3. Non-Moderated Service
Kasidie provides the technology and infrastructure for the Service in a manner similar to the way a telephone company provides its technology and infrastructure for its customers. Like them, we do not monitor communications. People may publish any content they want. However, we do set forth standards of behavior. Any user found to be violating these standards may have action taken against them without notice which ranges from deletion of Content, to deletion of entire profiles, to being barred from the Service, and even to referrals to law enforcement authorities. And while Kasidie does not formally moderate the Service, we may at our discretion review member profile text, photos, images, audio and video, and we may randomly or specifically review comments, blogs, forums, email, parties, communities, rendezvous and other Content, including those which are otherwise password protected to or hidden from the general public to check for compliance with the standards stated herein; that Kasidie may do this, User agrees that this does not in any way form an obligation or expectation that Kasidie will do this and, as such, User will not place any reliance on Kasidie to moderate or otherwise keep the Service void of any illegal, illicit or otherwise objectionable Content. Kasidie assumes no responsibility for any Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user ("user" includes you, it includes other members, and includes non-members who are accessing and possibly even contributing Content).
The Service contains multi-user, participatory services, including but not limited to forums, blogs, chat rooms, communities, contests, party rsvp's and invitations, Rendezvous, and other message and communication facilities ("Forums") that may provide you and other users an opportunity to submit, upload, post, display, transmit and/or exchange information, ideas, opinions, information, files, messages, transmissions and Content with other users. Kasidie Services permit the submission of videos, photos, text and other communications submitted by you and other users ("Submissions") and the hosting, sharing, and/or publishing of such Submissions. You understand that whether or not such Submissions are published, Kasidie does not guarantee any confidentiality with respect to any submissions. Forums, as well as all other aspects of the Service, including your ip address, are not guaranteed to be secure or private and you should assume your Content, information and submissions can be read and even copied by others, with or without your knowledge or permission. Although a particular feature of the site may have a policy of limited membership or restricted access, Kasidie shall have no liability if unauthorized persons nevertheless obtain access to your Content or other information. Your use of the Service is at your own risk.
Kasidie does not endorse and has no control over the Content and Kasidie expressly disclaims any and all liability in connection with user Submissions. You understand that when using the Service, you will be exposed to Submissions from a variety of sources, and that Kasidie is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions. You use the Service solely at your own risk, you are solely responsible for the Content that you post on or through any of the Service, and any material or information that you transmit to other users and for your interactions with other Users. You further understand and acknowledge that you may be exposed to Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Kasidie with respect thereto, and agree to indemnify and hold Kasidie, its owners and operators, affiliates, contractors, partners, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site. Kasidie neither endorses nor controls user postings available, delivered or displayed anywhere on the Service, and Kasidie assumes no duty to monitor or endorse Content anywhere on the Service, nor does Kasidie represent or guarantee the truthfulness, accuracy or reliability thereof or that any posting complies with the terms or conditions of this Agreement and you should never rely upon any Content as being true, accurate or reliable.
You understand, acknowledge and agree that Content originating from any member are the sole responsibility of the individual(s) associated with that profile name. This means that you, and not us, are entirely responsible for the consequences of all your Content on the Service. Content does not reflect the views of Kasidie, nor any of its affiliates. In no event shall Kasidie or any affiliates have or be construed to have any responsibility or liability for or in connection with any Content whatsoever; provided, however, if we determine, in our sole discretion and judgment, that any Content does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to use the Service; (b) remove and delete Content; (c) revoke your ability to use the Service; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or suspending or deleting your account on the Service. You retain all of your ownership rights in your Content.
4. Representations and Warranties
- As a user of the Service, you understand, represent, warrant, and agree that;
- You are over 18 years of age, or 21 years of age, whichever is the minimum for your geographic and political location.
- All descriptions, photos, information and other Content in your member profile will be a truthful, accurate, and current representation and presentation of yourself.
- You are solely responsible for any and all Content that you publish on the Service and/or transmit to others.
- You will never post any Content depicting any person or persons who were not at least 18 years of age at the time the Content was created.
- Your use of the Service, whether publishing or viewing anything thereon, as well as any communications and/or interactions you have with others, is entirely voluntary; you can stop your use of the Service at any time, and there is nothing forcing you to participate. You are solely responsible for Content you view and/or publish, and for your interactions with others.
- You will be solely responsible for setting, managing and securing your passwords, and are fully responsible for all activities that occur under your username and password.
- Kasidie does not moderate the Service. We may, however, either directly or via our authorized representatives, and without any need for explanation or reason, review, suspend, and/or delete anything you publish.
- If you or anyone else using the Service is in any way damaged by anything arising from your use of the Service, with such damage(s) being financial, psychological, physical, or otherwise you agree to indemnify Kasidie, as well as all officers, directors, employees, representatives and agents, and hold them harmless from any such damage(s).
- We may at our discretion, and without notice, log onto your account to review text, photos, audio and video even those which are unavailable to the general public to check for compliance with the standards stated herein and take appropriate action therefrom as stated in section 3 above.
- Member accounts are not transferable. Any account you create is to be used exclusively by and for yourself, and should be a truthful and accurate representation of yourself.
- Any abuse on the site or in the community, in Kasidie's sole and arbitrary judgment, may result in selective suspension of various site privileges (e.g. communities, forums, blogs, rendezvous, chat rooms, parties, etc) or even the suspension or termination and deletion of your account.
- You agree that other notices and policies found elsewhere on the site (e.g. "photo policy", "community terms and conditions", "party posting rules", "privacy notice", etc) are hereby incorporated into this agreement.
- You agree not to gain unauthorized access to the Service, other users' accounts, names, personally identifiable information or other computers, websites or pages, connected or linked to the Service or to use the Service in any manner which violates or is inconsistent with the terms and conditions of this Agreement.
- You agree not to modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Service or the rights or use and enjoyment of the Service by any other person, firm or enterprise.
- You may not use any computerized or automatic mechanism, including without limitation, any web scraper, offline reader, spider or robot, to access, extract, capture, or download any Content from the Service. You agree not to use or launch any automated system that accesses the site in a manner that sends more request messages to Kasidie servers in a given period of time than a person can reasonably create in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available, searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases.
- You will abide by standards of conduct and decency which are in line with the general online swinger community, as well as all laws. Violation of this, in Kasidie' sole and absolute discretion, may result in Kasidie taking appropriate action against you including, without limitation, deleting content, removing your account(s) from the Service, reporting to law enforcement authorities, and other legal actions. User represents and warrants that you will not directly or indirectly engage in any activity nor post any Content that:
- is in any way illegal or unlawful for you to personally view or post according to rules, regulations, and/or laws of your specific geographic local community where you reside and which you are personally responsible for knowing and complying with;
- you do not own the copyright to;
- harasses or advocates harassment of another person;
- is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- provides access (either directly or via links) to an illegal or unauthorized copy of another person's copyrighted work, such as computer programs, music, videos, photographs, art, etc;
- providing information to circumvent manufacturer-installed copy-protect devices;
- provides instructional information about activities such as making or buying weapons, violating someone's privacy, or creating or distributing computer viruses;
- solicits passwords or personally identifying information from others;
- is an adult soliciting a relationship with a minor;
- constitutes, or could be construed as, harmful matter or indecent communications to minors;
- constitutes, or could be construed as, child pornography or the abuse of children;
- constitutes, or could be construed as, being abusive to animals;
- entices or promotes hate or violence against any particular race, nationality, religion, or lifestyle;
- is illegal, threatening, abusive, hateful, defamatory, libelous, slanderous, or injurious to the reputation of any person or entity;
- is either directly or indirectly an unapproved advertisement of any form for commercial purposes;
- constitutes an infringement, misappropriation or violation of any person's intellectual property rights such as copyrights, trademark rights, rights of publicity, patent rights, personal property rights, privacy rights, or other rights;
- 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 music or links to pirated music files and,
- in any program, file, data stream or other material contains viruses, worms, "Trojan horses" or any other destructive feature, regardless of whether damage is intended or unintended, which may cause damage to any computer equipment, loss or corruption of data or programs, or inconvenience to any person or entity;
- promotes or solicits for any competing business to Kasidie.
- As the provider of the Service, Kasidie represents and warrants that it will use commercially reasonable efforts to maintain the Service in good working order, online most of the time, and available to people in general on the world wide web where sexually-oriented adult content is accessible and not otherwise blocked by technology and/or laws which are out of our direct control. We make no representations or warranties with regards to data integrity, availability, archives, security or back-up's. We strongly encourage you to keep local back-up's on your own computer of all your data and information, and to not post any personally identifiable information on the Service. Kasidie makes absolutely no representations or warranty's on data integrity or security of any Content or other information including, but not limited to, photos, text, emails, preferences, profile settings, ip addresses, email addresses, or credit card information. Nor do we make any representations or warranty's about any member, any posting (including but not limited to parties, events, trips, rendezvous, email, photos, profile details, etc), or any online or offline interactions you have.
Kasidie thrives, in large part, thanks to the referrals our members make to their friends. The rewards program is meant to thank people for helping make the community bigger and better. But it is also subject to abuse and thus we have to set some guidelines. Referral awards and/or bonuses are not transferable. New sign-ups have 30 days from the time of their initial sign-up (as to be corrected if they forgot to include your referral name (or if they did include it, but mistyped it). Member referrals may not be changed or substituted after the 30 day period. Rewards and bonuses are only calculated on referred members who are certified and paying elitemembers, and who are on paying cycles that have been such for at least four (4) consecutive cycles; unless otherwise stated in specific promotions or other written exceptions. Referral rewards and bonuses, as well as other rewards programs are not guaranteed and are subject to change without notice.
6. Free and Elite Access
Many things on Kasidie are free, such as seeing party postings, reading Forums, viewing Rendezvous, reading some articles or accessing some Content via free or uncertified membership accounts which have limited rights and features; and Kasidie reserves the right to change the pages, rights and features accessible by free and/or uncertified accounts at any time, and without notice. Other pages, rights and features require Elite and/or certified status and may be subject to subscription fees. Signing up for a paid account is optional, and all such paid accounts will be automatically set up on an auto-billing basis that will bill your credit card (or other payment option you selected when you upgraded) on the anniversary date of your upgrade, per the cycle you chose (e.g. monthly, quarterly, etc) until such time as you cancel your account ("evergreen"). There are no partial refunds for cancellations and terminations prior to the next billing cycle, however any such cancellation or termination shall end any future billings; there are no minimum terms. Furthermore, if your account is terminated due to any violation of this Agreement, or of any violation of other Kasidie policies, you agree that there are no refunds for such terminated accounts. You acknowledge that Kasidie reserves the right to change its fees from time to time in its discretion. If Kasidie terminates your account because you have breached the Agreement, you shall not be entitled to a refund of any unused portion of fees. Your right to use the any elite and/or certified required portions of the Service is subject to any limits established by us. If payment cannot be charged to your credit card or other payment issuers or your charge or payment transaction is returned to us or rejected for any reason, we reserve the right to either suspend or terminate your access and account. Deleting any account may permanently delete all email, friends, community memberships, photos, blogs, text and other Content you had in your profile.
7. Proprietary Rights of Kasidie
Kasidie owns and retains all proprietary rights in the Service and in the Content it publishes on its own behalf thereon, as well as all programming code, user-interface designs, database methodologies, and systems design. The Service also contains copyrighted material, trademarks, and other proprietary rights and property of Kasidie and our partners, vendors, and licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, replicate, duplicate, or sell any such proprietary information. Furthermore, Kasidie maintains the right to send you periodic emails, at frequencies determined solely by Kasidie, which may include advertisements from Kasidie and from third parties. Kasidie may utilize unaffiliated third-party service providers to supply various products and services including, but not limited to, hosting services, internet connectivity, data processing, subscription billing, storage of account information, and for the transmission of emails, among other things.
8. Copyright Policy
All images, writings, and content published on the Service, or used in creating the Service, are protected by copyright. You are solely liable for what you publish on the Service. You warrant and represent that you will not post, distribute, duplicate, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Furthermore, by posting any Content, you hereby grant to Kasidie a non-exclusive, royalty-free, fully paid, perpetual, unrestricted, irrevocable worldwide license to use, reproduce, modify, publish, edit, adapt, create derivative works from, translate, distribute, perform, display and otherwise exploit such Content and all elements thereof alone or as part of other works in any form, media, or technology, whether now known or hereafter developed or discovered, in connection with the Service and Kasidie's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels, and to license and sub-license such rights through multiple tiers of sub-licenses, all without any notification or obligation to you, or extra compensation, attribution or otherwise, except for the accompanying publication of your profile username. You also accept that people who view the things you have published can easily themselves make copies of that Content, even if they shouldn't, and so you hereby release Kasidie from any expectation or obligation to create, purchase, or deploy technology to prevent such unauthorized copying. And that various search engines may spider, index and display part or all of your Content.
Notice and Procedure for Making Claims of Copyright Infringement Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the Service should be sent ONLY to our Designated Agent. NOTE: The following information is provided solely for notifying the service providers referenced below that your copyrighted material may have been infringed.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR E-MAIL ABUSE, etc.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT. WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
Written notification must be submitted to the following Designated Agent: Service Provider(s): Kasidie Entertainment, LLC
Name of Agent Designated to Receive Notification of Claimed Infringement: General Counsel, Kasidie Entertainment, LLC, 6370 W. Flamingo Road, Suite 27, Las Vegas, NV 89103
Telephone Number of Designated Agent: (720) 244-8622
E-mail Address of Designated Agent: copyrights@kasidie.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to the Webmaster at admin@kasidie.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:
(1) An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
(2) Identification of the copyrighted work (or works) that you claim has been infringed;
(3) A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
(4) A clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material; (5) Your name, address, telephone number, and e-mail address;
(6) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(7) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
9. Privacy Policy
Use of the Service is also governed by our Privacy Policy, which is hereby incorporated into this Agreement by reference. The Privacy Policy may be found by clicking on the link entitled "Privacy Policy" located at the bottom of the page at www.kasidie.com.
10. Links to Third-Party Web Sites
The Service contains links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of Kasidie and User explicitly agrees that Kasidie is not responsible for the content on any Linked Site; including, without limitation, anything published on a Linked Site, any changes or updates to a Linked Site, nor even if the Linked Site is working appropriately. The appearance, availability, or your use of Linked Sites does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of Kasidie, its affiliates or any of its or their respective officers, directors, employees, contractors, partners, agents, representatives, licensors, suppliers, and service providers, successors and permitted assigns. You are personally responsible for viewing and abiding by the privacy policies and terms of use agreements posted at any Linked Site you visit. Furthermore, any activity or dealings with third parties (including advertisers) linked to from the Service, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party; Kasidie shall not be responsible nor liable for any part of any such activity or dealings.
11. Disclaimers
Kasidie is not responsible for any user Content published on the Service, or in connection with the Service, whether by you or by other members or users. Kasidie is not responsible for the conduct, whether online or offline, of any member or user of the Service. Kasidie assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of the Service, Content or any member or other user communications. The Service and/or any features thereof may at any time fail or be subject to computer hacking, copying or phishing (including your IP address), and Kasidie disclaims any responsibility for such events and makes no representations regarding the security nor the permanence of any data, including back-up's. Kasidie is not responsible for any problems or technical malfunction of any telephone network or data lines, computer systems, networking equipment, computer servers and related equipment, software, failure of email, or traffic congestion on the Internet or at any web site or combination thereof, which causes or results in injury or damage to User or to any other person. Under no circumstances will Kasidie be responsible for any loss or damage, including but not limited to personal injury or death, resulting from your use of the Service, any Content posted on the Service or transmitted to or from User, any lack of online or offline security, or any interactions between User and others, whether online or offline. That Kasidie may, in its sole and absolute discretion, review photos, video and/or other Content, and may even delete some Content from the system before or after it is published, does not in any way imply that Kasidie is expected or obligated to do so. THE SERVICE IS PROVIDED "AS-IS" AND KASIDIE DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES, CONDITIONS OF MERCHANTABILITY, QUALITY, NON-INFRINGEMENT, AND/OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, KASIDIE DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO ITS SERVICES. FURTHERMORE, KASIDIE IS NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY ANY THIRD PARTIES (INCLUDING, BUT NOT LIMITED TO, USERS, LICENSORS, LICENCEES, PARTNERS, CLUBS, TRAVEL AGENCIES, PARTY PROMOTERS, NON-PROFITS, PHOTOGRAPHERS, AND ADVERTISERS), NOR FOR ANY THIRD PARTY SITES THAT CAN BE LINKED TO FROM THE SERVICE.
Special note regarding "certified" members: When a member is "certified" it is NOT a formal endorsement or guaranty of any type by Kasidie , by any Kasidie member, or by any third party; it doesn't mean that we personally drove to their house, interviewed them, had a notary confirm them, run background checks, and/or installed biometrics on their computer. So don't take it for more than it is. We don't retain records of certifications, nor supporting data. This is simply another non-moderated feature of the Service. Kasidie assumes absolutely no liability for any problems that arise out of any reliance on the "certified" feature of the Service.
12. Liability Limitations
IN NO EVENT SHALL KASIDIE BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY USE OF THE SERVICE, OR FROM THE PERFORMANCE OR NON-PERFORMANCE OF KASIDIE AND/OR ITS USERS, AFFILIATES, AGENTS, OR AUTHORIZED REPRESENTATIVES UNDER ANY PROVISION OF THIS AGREEMENT, EVEN IF KASIDIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOR FOR ANY MISTAKES SUCH AS ALLOWING OR DISALLOWING ANY CONTENT. NOR FOR ANY ACTS OR OMISSIONS OF ANY THIRD PARTY EVEN IF SUCH PERSON OR BUSINESS WAS REFERRED BY KASIDIE. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THIS SECTION SHALL NOT LIMIT EITHER PARTY'S LIABILITY TO THE OTHER FOR WILLFUL AND MALICIOUS MISCONDUCT OR FULFILLMENT OF ANY INDEMNIFICATION OBLIGATIONS HEREUNDER. FURTHERMORE, IT IS HEREBY AGREED THAT KASIDIE'S SOLE LIABILITY TO USER FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE MONETARY AMOUNT PAID, IF ANY, BY USER TO KASIDIE FOR THE SERVICE DURING THE TERM OF USER'S USE. YOU ASSUME ALL RISKS IN YOUR USE OF THE SITE AND SERVICE, AND ALL FEATURES THEREOF (E.G. PHOTO ALBUMS, COMMUNITIES, CHAT ROOMS, FORUMS, EMAIL, PROFILE DETAILS, RENDEZVOUS, PARTIES, ETC). THIS INCLUDES, WITHOUT LIMITATION, ANY PRIVACY, IDENTITY, COPYRIGHT, EMOTIONAL, ECONOMIC, AND/OR PHYSICAL DAMAGES THAT MAY YOU INCUR.
Notwithstanding any claim that a sole or exclusive remedy which is provided in this Agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have Kasidie, upon written notice from you, attempt to repair, correct or replace any deficient goods or services under this Agreement and, if repair, correction or replacement is not reasonably commercially practicable, to refund any monies actually paid by you for the services and/or products involved and to terminate and discontinue your registration and use of the Service. You further understand and acknowledge the capacity of the Service, in the aggregate and for each user, is limited and some messages and transmissions may not be processed in a timely fashion or at all, and some services, features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that Kasidie assumes no liability, responsibility or obligation to transmit, process, store, receive, deliver or secure transactions or Content or IP addresses, or for any failure or delay associated with any Content or other information and you are hereby expressly advised not to rely upon the timeliness or performance of the Service for anything.
13. Member Disputes
Kasidie does not moderate Content of users. You may find other users Content to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and safety when using the Service. You are solely responsible for your interactions with other users. Because Kasidie is not involved in user interactions, if you have a dispute with one or more users who have posted, viewed, or used Content on the Service, you hereby release Kasidie, including its officers, directors, agents, subsidiaries and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
14. Term and Termination
This Agreement will remain in full force and effect while you use the Service. You may terminate your use at any time and for any reason. Kasidie may terminate your account(s) and/or delete Content (if any) at any time and without reason, with no notice required. Even after this Agreement is terminated, certain provisions will remain in effect, including but not limited to sections 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19 and 20 of this Agreement.
15. Binding Arbitration, Applicable Law and Venue, Attorneys Fees.
This Agreement is governed by, and will be interpreted and enforced in accordance with the laws of the State of Nevada, without regard to principles of conflict of laws. Any claim or dispute arising under this Agreement may only be brought in arbitration, pursuant to the rules of the American Arbitration Association, with venue in the city of Las Vegas in the state of Nevada. Each of User and Kasidie consents to this method of dispute resolution, as well as jurisdiction, and consents to this being a convenient forum for any such claim or dispute and waives any right it may have to object to either the method or jurisdiction for such claim or dispute. In the event of any dispute among the parties, the prevailing party shall be entitled to recover damages plus reasonable attorneys fees, and the decision of the arbitrator shall be final, binding and enforceable in any court.
16. Indemnity
You agree to indemnify and hold Kasidie, its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of any provision in this Agreement. This defense and indemnification obligation will survive termination of this Agreement and your use of the Service.
Kasidie reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with Kasidie in the defense of any such claim, action, settlement or compromise negotiations, as requested by Kasidie.
17. Entire Agreement, Severability and Force Majeure
This Agreement, accepted upon use of the Service, contains the entire agreement between User and Kasidie regarding the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Furthermore, no party shall be responsible for any failure to perform due to unforeseen circumstances.
18. Changes
Kasidie has the right, at its sole discretion, and without necessity of notice, to modify either this Agreement and/or the Service at any time. Changes to this Agreement will be posted on www.kasidie.com as described above in the opening paragraph of this Agreement so that you may review it. If any portion of this Agreement or any change to the Service is unacceptable to you then you should immediately discontinue your use of the Service; continued use of the Service means that you have accepted and are bound by this Agreement and any changes made hereto.
19. Notices
Any notices to Kasidie are to be sent to 6370 W. Flamingo Road, Suite 27, Las Vegas, NV 89103. Any notices to User will be sent to the email address provided to us in your account on the Service.
20. Language
It is expressly agreed that it is the will of both Kasidie and User that this Agreement, as well as the Privacy Policy and all other policies and notices contained on the Service, have been drawn up in English.
Please contact us with any questions regarding this agreement by sending your query to the address in Section 19 above.
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