This Agreement sets forth the standards of use of the Kupple.com Online Service (the "Service"). By using the Kupple.com website you (the "User"), whether registered or unregistered, agree to these terms and conditions. If you do not agree to the terms and conditions of this Agreement you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted at the Kupple.com website (the "Website"). Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Description of Service
Kupple.com provides Users with the tools to seek out other couples for the purpose of fostering friendly social interaction. User must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for User's access to the Internet, and (3) pay any fees related to such connection.
2. Disclaimer of Warranties.
The site is provided by Kupple.com on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, Kupple.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Website in terms of its correctness, accuracy, reliability, or otherwise. Kupple.com shall have no liability for any interruptions in the use of this Website. Kupple.com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
3. Limitation of Liability
KUPPLE.COM SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR KUPPLE.COM SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF KUPPLE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.
4. Disclaimer for Forums and Profiles
Kupple.com has not reviewed the posts on the Kupple.com Forums (the "Forums") or the Kupple.com profiles created by its users (the "Profiles") and the views expressed therein are those of the posters and do not necessarily reflect those of Kupple.com, it owners, managers, agents, partners, advertisers or affiliates. Kupple.com assumes no responsibility for the Kupple.com posts (the "Posts"), the Profiles or the information contained therein, nor do they make any claims, promises or guarantees about the accuracy, suitability or completeness of any of the information therein.
By posting or submitting material on the Forums, you grant Kupple.com a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, edit, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the submitted content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in the content.
You agree that you will not use the Forums or Profiles to post any advertisement or other commercial message. You agree that you will not post any knowingly false, defamatory, inaccurate, abusive, harassing, obscene, sexually oriented or threatening message; sexually oriented material; or material that is illegally invasive of another person's privacy. Kupple.com will attempt to delete any inappropriate posts as quickly as possible; however, the submissions are generally uploaded in real-time and are typically not reviewed by Kupple.com or its editorial staff before they are uploaded to the Website.
You agree that you are solely responsible for anything you post on the Forums or in your Profile and that you agree to indemnify and hold harmless Kupple.com, its owners and employees with respect to any claims based upon your posts/submissions.
Kupple.com reserves the right to delete, erase or otherwise remove any Post or Profiles at its sole discretion.
User agrees to indemnify and hold Kupple.com, its parents, subsidiaries, affiliates, officers, employees and contractors, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of User's use of the Service, the violation of this Agreement, or infringement by User, or other user of the Service using User's computer, of any intellectual property or any other right of any person or entity.
6. Users Account
All registered Users of the Service shall receive a password and an account. Users are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. User agrees to notify Kupple.com of any unauthorized use of User's account or any other breach of security known or should be known to the User. User's right to use the Service is personal to the User. User agrees not to resell or make any commercial use of the Service without the express written consent of Kupple.com.
7. Modifications and Interruption to Service
Kupple.com reserves the right to modify or discontinue the Service with or without notice to the User. Kupple.com shall not be liable to User or any third party should Kupple.com exercise its right to modify or discontinue the Service. User acknowledges and accepts that Kupple.com does not guarantee continuous, uninterrupted or secure access to the Website and operation of Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
8. Third Party Sites
9. Disclaimer Regarding Accuracy of Third Party Site Information
Product specifications and other information have either been provided by the Third Party Sites or collected from publicly available sources. While Kupple.com makes every effort to ensure that the information on the Website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on the Website.
Kupple.com makes no warranties or representations whatsoever with regard to any product provided or offered by any Third Party Site, and User acknowledges that any reliance on representations and warranties provided by any Third Party Site shall be at User's own risk.
10. Governing Law
11. Compliance with Laws
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Kupple.com™ is a proprietary mark. Kupple.com's trademarks may not be used in connection with any product or service that is not provided by Kupple.com, in any manner that is likely to cause confusion with Kupple.com's products or services, or in any manner that disparages or discredits Kupple.com.
All other trademarks displayed on the Website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Third Party Sites. In addition, such use of trademarks or links to any Third Party Sites is not intended to imply, directly or indirectly, that those Third Party Sites endorse or have any affiliation with Kupple.com.
13. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Kupple.com.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail: Administrator
6100 Wilshire Blvd., Ste. 360
Los Angeles, CA 90048
Kupple.com retains the right, at its sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Kupple.com reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
15. Other Terms