Welcome to KookyShack, a unique online
community that connects people through a specialized network of friends for
dating purposes or just for making new friends.
KookyShack service is operated by KookyShack ("KookyShack
"). As a member or non-member using the KookyShack web site
(the "Web site") you agree to be bound by the following Terms of Service (this
"Agreement").
Read these Terms of Services carefully and indicate
your acceptance of them if you wish to register as a member to use KookyShack
services to communicate with other members on the Web Site. Do this
by following the required instructions on the signup page.
This written Agreement sets out the legally binding
terms of your membership in the Service and use of KookyShack Web
site; Your membership may be modified by KookyShack management staff
at any point in time without prior notice and will take effect upon posting on
KookyShack.com Web Site.
KookyShack acceptable use policy for the content posted on the
website, KookyShack Privacy Policy and notices regarding
KookyShack is included in this agreement.
1. Eligibility. In order to register as a KookyShack member you
need to eighteen or over. Any membership in the Service is automatically void
where prohibited. As a member and in use of the Web site’s services, you
represent and warrant that you have the right, capacity and authority to enter
into this particular agreement and will abide by all of the terms and conditions of this Agreement.
2. Terms. While using the Web site services and/or are a Member; this
Agreement will remain in full force and effect. You are free to terminate your
membership at any time you wish, for any reason by following the instructions
stated on the Cancel Account page in “Account Settings”. KookyShack
reserves the right to terminate your membership at any time, for any reason.
If KookyShack terminates your membership because you have breached
the Agreement, you will not be entitled to any refund of your unused
subscription fees. This agreement will still remain in full effect even after
your membership has been terminated.
3. Non-Commercial Use by Members. All Organizations, companies, and/or
businesses alike may not become Members and should not use the KookyShack
Service or the Web site for any purpose. KookyShack Web
Site service is meant for personal use of the individual Members only; and may
not be used in connection with any commercial activities or endeavors. The
following include Illegal and/or unauthorized uses of the Web site: Collection
of usernames and/or email addresses of members by electronic or other means
for the purpose of sending unsolicited email and unauthorized framing of or
linking to the Web site will be investigated thoroughly, and the appropriate
legal action will be taken, including without limitation, criminal, civil and
injunctive redress.
4. Full Proprietary Rights in Content on KookyShack.
Except for that information which is in the public domain or for
which you have been given a written permission, you do not have the right to
copy, publish, modify, transmit, perform, display, distribute or sell any
other proprietary information. KookyShack owns and retains all
proprietary rights in the KookyShack Web Site and its Service. The
Web Site contains the copyrighted material, trademarks, and other proprietary
information of KookyShack, and its licensors.
5. Content Posted on the Site.
a. As a registered member on KookyShack Web Site, your profile must
describe you (an individual person). Examples of in-appropriate profiles
include the following (But are not limited to): Profiles that purport to
represent an animal, inanimate, place, object, a real individual who is not
you or any fictional character.
b. You understand and agree that KookyShack reserves the right to
review/edit delete any content, photos, messages or profiles (collectively,
"Content") that in KookyShack sole judgment violate this Agreement
or which might be illegal, offensive, or that might violate the rights,
threaten the safety of other members, or harm them in anyway.
c. As a member posting Content to any public section of KookyShack,
You automatically grant, and you warrant and represent that you have the right
to grant, to KookyShack a perpetual, irrevocable, non-exclusive,
fully paid, worldwide license to copy, perform, use, display and distribute
such information and content and to incorporate into other works of, or
prepare derivative works of such information and content, and to grant and
authorize sublicenses of the foregoing.
d. You are solely responsible for the Content that you display or publish
(hereinafter, "post") on the Service Web Site, or transmit to other KookyShack
.
e. solicits people you don't know to add you and/or accept you as a KookyShack
member friend. Even though all of the above is strictly prohibited
on KookyShack, there is still a small chance that you may become
exposed to such items and you further waive your personal right to any damages
(from any party) related to any such exposure.
f. You agree to use the Service in a manner consistent with any and all
applicable laws and regulations.
g. The following below is a partial list of the kind of Content that is
considered illegal or prohibited on the KookyShack Web Site.
KookyShack reserves the right to investigate fully and take any
appropriate legal action in its sole discretion against anyone who violates
this provision; including without limitation, removal of the offending
communication from the Service and automatically terminating the membership of
such violators. It includes Content that:
• is patently offensive to the online community, such as Content that promotes
bigotry, racism, hatred or physical harm of any kind against any group or
individual;
• promotes information that you are aware is false, promotes illegal
activities or misleading or conduct that is threatening, abusive, obscene,
libelous or defamatory;
• involves the transmission of "chain letters," "junk mail", or unsolicited
mass mailing or "spamming";
• advocates harassment or harasses another person;
• promotes any illegal or unauthorized copy of someone else’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;
• contains password only access pages or restricted pages, or hidden pages or
images (those not linked to or from other accessible page);
• displays any form of pornographic or sexually explicit material of any kind;
• provides material that exploits persons under the age of eighteen in a
violent or sexual manner, or solicits the personal information from anyone
under eighteen;
• provides instructional information about any illegal activities such as
buying or making illegal weapons, providing or creating any computer viruses
or violating a person’s privacy.
• engages in commercial activities and/or sales without any prior written
consent from us; such as: sweepstakes, contests, sweepstakes, advertising,
barter and pyramid schemes;
• solicits personal identifying information for commercial or unlawful
purposes from other users or passwords;
h. You may not transmit any form of chain letters or junk email to other
Members. You may not engage in advertising to, or solicitation of, other
Members to buy or sell any of your or others products or services through the
KookyShack Service. Although KookyShack cannot monitor the
conduct of its Members off the KookyShack Web site, it is still
considered a violation of these rules to use any information obtained from the
KookyShack Service in order to abuse, harass, or harm another
person, or in order to advertise to, contact, solicit, or sell to any of the
KookyShack Members without their prior explicit consent. In order to
protect our Members from such solicitation or advertising, KookyShack
reserves the right to restrict the number of emails, which any
Member may send to other Members in any twenty four hour period to a number,
which KookyShack deems appropriate in its sole discretion.
i. No telephone members, last names, street addresses, emails, URL’s may be
included in your Member profile.
6. Member Disputes. Interaction between KookyShack members is your
sole responsibility. KookyShack. reserves the right, but has no
obligation, to monitor disputes between you and any other Members.
7. Privacy. Our Privacy Policy also governs the use of the KookyShack
Web site and/or its Services.
8. Disclaimers. KookyShack is not responsible for any inaccurate or
incorrect Content posted on the Web site or in connection with the Service;
whether caused by users of the members or users of the Web site, or by any of
the equipment or programming utilized or is associated in the Service.
KookyShack assumes no responsibility for any interruption, omission,
error, delay in operation, deletion, defect, communications line failure,
destruction, theft or unauthorized access to, or alteration of any user or
Members communications. KookyShack is not responsible for the
conduct, whether online or offline, of any user of the KookyShack
Web site or Member of the Service. The Web site and the Service are provided
"AS-IS" and KookyShack expressly disclaims any warranty of fitness
for a particular purpose or non-infringement. KookyShack is not
responsible for any technical malfunctions or problems of any telephone
network or lines, computer online systems, computer equipment, servers or
providers, software, failure of email or players on account of technical
problems or traffic congestion on the Internet or at any web site or
combination thereof, including damage or injury to users and/or
KookyShack Members or to anyone’s computer related to or resulting from
downloading material or participating in connection with the Web and/or in
connection with the KookyShack Service. Under no circumstances will
KookyShack be responsible for any loss or damage, including personal
injury or death, resulting from anyone's use of the KookyShack Web
site or the Service, any Content posted on the Web site or transmitted to
Members, or any interactions between users of the Web site, whether online or
offline. KookyShack cannot guarantee and does not promise any
specific results from use of the Web site and/or the Service. The service may
not be available temporarily from time to time for maintenance purposes or
other reasons. No advice or information, whether written or oral, obtained by
KookyShack users or through or from the service itself shall create
any warranty not expressly stated herein.
9. Copyright Policy. You may not post, reproduce, or
distribute in any way any copyrighted material, trademarks, or other
proprietary information of KookyShack without obtaining the prior
written consent of the owner of such proprietary rights. Without limiting the
foregoing, if you believe that your work has been copied and posted on the
Service in a way that constitutes copyright infringement, please provide our
Copyright Agent with the following information: an electronic or physical
signature of the person authorized to act on behalf of the owner of the
copyright interest; a description of the copyrighted work that you claim has
been infringed; a description of where the material that you claim is
infringing is located on the KookyShack Web site; your address,
telephone number, and email address; a written statement by you that you have
a good faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law; 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.
10. Limitation on Liability. Except in jurisdictions where such provisions are
restricted, in no event will KookyShack be liable to you or any
third person for any exemplary, indirect, consequential, incidental, special
or punitive damages, including also any lost profits arising from your use of
the KookyShack Web site or the Services, even if KookyShack
has been advised of the possibility of such form of damages.
Notwithstanding anything to the contrary contained herein, KookyShack
liability to you for whatsoever cause, and regardless of the form of the
action, will at all times be limited to the amount that is paid, if any, by
you as a member to KookyShack for the Service during the term of the
membership.
11. Indemnity. You agree to hold and indemnify KookyShack,
affiliates, its subsidiaries, agents, officers, and other partners and
employees, harmless from any loss, claim, liability, or demand, including
reasonable attorney's fees, made by any third party due to or arising out of
your use of the KookyShack Service in violation of this Agreement
and/or arising from a breach of this Agreement and/or any breach of your
representations and warranties set forth above. If You are a California
resident, You waive California Civil Code Section 1542, which says "A general
release does not extend to claims which the creditor does not know or suspect
to exist in his favor at the time of executing the release, which, if known by
him must have materially affected his settlement with the debtor."
12. No Agency. There is no partnership, employee-employer, agency,
franchisor-franchisee or joint venture, relationship between KookyShack
and any User of the KookyShack Service.
13. Other. This Agreement, accepted upon use of the KookyShack Web
site and further affirmed by becoming a registered Member of the Service,
contains the entire agreement between you and KookyShack regarding
the use of the Web site and/or the Service. If any provision of this Agreement
is held invalid, the remainder of this Agreement shall continue in full force
and effect. Failure of KookyShack to enforce or exercise any right
or provision of these stated Terms of Service shall not constitute a waiver of
such right or provision. The section titles in these Terms of Service are for
convenience only and have no legal or contractual effect.
Please contact us with questions you may have regarding this agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
