Terms and Conditions
Terms and Conditions of use
Kinklivestream (KLS) Terms & Conditions
By accessing and using kinklivestream.com (“our” “us” “we”) website and services, you confirm your acceptance of these terms and conditions. If you do not agree with these terms and conditions please do not proceed to use the site or access our services.
Please read these “Terms and Conditions of Use” carefully before using our Platform or Services.You should also read our platform “Privacy Policy”, and “Cookie Policy”
1.INTRODUCTION
2.USE OF THE SITE
3.USER ACCOUNT & CONDUCT
4.REGISTRATION
5.PURCHASES, SUBSCRIPTION AND RENEWAL
6.FEES & REFUND
7.MEMBERSHIP, CANCELLATION & TERMINATION
8.PRIVACY AND DATA
9.INTELLECTUAL PROPERTY
10.LIMITATION OF LIABILITY
11.INDEMNITY
12. DISCLAIMER
13. ENTIRE AGREEMENT
1.INTRODUCTION
1.1 Our platform and related services are not for any person (s) who are under the age of 18 years old. If you are under the age of 18, you must not use our platform.
1.2 If you have not reached the age of 18 or of a majority older than 18 to be legally considered an adult in any jurisdiction applicable to you it is your responsibility to ensure you have reached any such applicable age of majority before using our Platform and Services.
1.3 As used in this agreement, the terms “kinklivestream”, “our” “us,” “we,” shall refer to kinklivestream as appropriate. This Platform is operated by Upflow Creative Ltd a company registered in England and Wales company number 15304183 – registered office 468 Church Lane, Kingsbury Middlesex, United Kingdom NW9 8UA. Please use our contact form to get in touch with us.
You can also contact us by using our contact us form on this website.
When contacting us it is essential that you provide:
(a) a brief description of the reason for your contact.
(b) your contact details ( including your name, email address, telephone number and postal address). If you have an account with us; your account identification registration details.
1.4 By accessing or using our platform and services (or such other URL that we may use to provide our service from time to time or any other platforms or services kinklivestream may offer (collectively, the “Service” or our “Services”), you agree to, and are bound by, these Terms and Condition of Use (the “Terms” or “Agreement”). This Agreement applies to anyone who accesses or uses our services, regardless of registration, purchases and or subscription status. The site provide assess to adult content for entertainment and informational purposes only.
By accessing or using our site and services, you agree to be bound by these terms and conditions. It is important that you read these terms and conditions carefully before you start using our site or create an account. If you do not agree with our terms and conditions of use you must not continue to access or use our site.
1.5 We may at any time modify, amend or change these Terms and Conditions. Periodic amendments and changes may be required due to changes in our policies, the laws, and technological advancements. In certain circumstances, we may notify you of a change to our Terms and Conditions via email or other means, as appropriate under the circumstances; however, you are solely responsible for regularly checking for and reading any amends or changes. You agree to be bound by any such amendments or changes.
1.6 Continuing to access and use our service after changes are applied, means you have agreed to the updated Terms and Conditions. If you don’t accept any changes to the Terms and Conditions, you should stop accessing kinklivestream and/or stop using our service (s) immediately.
2.USE OF THE SITE
You agree to use the site in accordance with all applicable laws and regulations relevant to your jurisdiction. The services may not be accessed or used where prohibited by law. You are responsible for your own conduct and any content you post or transmit. You may not use this site for any unlawful purpose or engage in unlawful activity.
Kinklivestream is an adult only interactive website, This platform is not recommended to person (s) who might be sensitive to adult entertainment content, any access of kinklivestream remains your sole responsibility.
Access by and or with a minor is strictly prohibited. By accessing our site, using our services, creating an account and/or becoming a member of kinklivestream.com you warrant and represent that:
2.1. You are of at least 18 years of age in ALL jurisdiction in which you live and or access or view our website.
2.2. You are legally qualified to enter a binding contract.
2.3.You have voluntarily chosen to view content of an adult nature.
2.4 You understand that by accessing or using the services, you may encounter content that may be deemed mature, offensive, indecent or objectionable, which content may or may not be identified as having explicit language or adult themes, and which in certain circumstances may be due to your interactions with other users or members in the course of accessing or using the Services.
2.5. You are not prohibited by law from using our services; our services must not be accessed or used in any jurisdiction where prohibited by local law or other laws. Your use of our services must be in compliance with all applicable laws, regulations, rules and policies.
2.6. You have not been convicted of or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence;
2.7 You are not required to register as a sex offender with any government entity or agency, federal or local sex offender registry;
2.8 You do not have more than one account on our services; and
2.9 You have not previously been removed from our services by us, unless you have our express written permission to create a new account.
2.10 YOU FULLY ASSUME ALL RISK OF LOSS AND RISK OF PERSONAL HARM ARISING OUT OF YOUR USE OF THE SERVICES, including but not limited to, any online or offline communications and personal interactions with others (such as dating) We do not carry out criminal record checks on user or members of this platform, We are not a dating platform and strongly recommend that you do not seek to meet or develop external relationships outside of this platform with fans or individuals. It is your responsibility to take all advisable and necessary precautions when interacting with individuals you meet or come into contact with through the services.
2.11. You are either single or separated from your spouse or domestic partner; or have the consent of your spouse or partner to access our platform or service.
2.12 You will not use any robot, spider, scraper or other automated measures to (i) access or use the Services, (ii) circumvent any technical measures we use to provide the Services, (iii) cause harm to us or our affiliated entities, (iv) manipulate the results or outcome of any contest, game, program, or promotion that awards Promotional Credits.
2.13 The sexually explicit material you are buying and/or viewing is for your own personal use and will never expose minors to said material.
2.14 As an adult, You have the unalienable right to read and/or view any type of material that you choose and that the material and images contained in this website are not obscene or offensive in any way, nor could ever be construed to be obscene or offensive.
2.15 The viewing, reading, and downloading of the material and images in this website do not violate the community standards of your street, village, city, town, county, state, province, or country.
2.16 You are wholly liable for any false disclosures and responsible for any legal ramifications that may arise from viewing, reading, or downloading of material and images contained within this website, and its affiliates cannot be held responsible for any legal ramifications that may arise as a result of fraudulent entry into, or use of, this website and/or material contain herein.
2.17 You acknowledge and agree that placing any advertisement or link on this website or on any page of this website - without the prior written consent of the site is forbidden and may result the infringement of rights and therefore a legal procedure.
PLEASE NOTE THAT WE DO NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS ON OUR USERS OR MEMBERS.
3.USER ACCOUNT & CONDUCT
In order to use and access the services provided by this platform you will be required to create an account with us. You may be subject to additional contractual terms and conditions applicable to using our platform and related services. Any such additional terms shall be incorporated into and form a part of our platform terms. Your account is for your individual; personal use only, You may not authorise others to use your account for any purpose.
You agree to adhere to the following code of conduct, failure to adhere to the following may result in suspension and termination of your account.
3.1 As a user of our platform whether model, creator, fan or manager: upon registration with our site as a member you agree to register yourself with complete and accurate information. Failure to provide complete and accurate information to gain membership of our site amounts to a breach of these Terms and Conditions and unauthorised access to our website.
3.2 Your account information is current, complete and accurate and you will promptly update all information to keep your account and billing information complete and accurate upon any change (such as change of billing address, credit card number or expiration date);
3.3 Once you registered your username, password or any other information enabling you to access your account and our platform are confidential information. You must not disclose this information to any third party. You agree to notify us immediately if the security of your account maybe compromised and or of any unauthorised use of your account or any other breach of security.
3.4 You will be the only person accessing your account. You agree to accept sole responsibility and be entirely liable for all activities conducted under your account. You agree not to share access to your account and to keep your account and information confidential and secure. You accept that you are solely responsible for maintaining the security and confidentiality of your password and all related account information.
3.5 While visiting our website or using any of our services you will not embark on or be party to, in any way; any action or topic involving any minor.
3.6 You will not provide or permit access or use of the services, or your account, by any minors.
3.7 You have not and will not access or use the Services from any place or jurisdiction where such use is prohibited or contrary to applicable laws, rules, regulations, ordinances, edicts or customs, and you are not a national or resident of any country which the United States has (i) embargoed goods; (ii) identified as a “Specially Designated National”; or (iii) placed on the Commerce Department’s Table of Deny Orders;
3.8. We have a strict non-tolerance policy, we will not tolerate unlawful or highly immoral obscene acts including but not limited to discrimination, abuse, harassment, racism, hate, incest, bestiality, defecation, firearms, the use of narcotics. Any user engaging in unlawful action or through their conduct and or not using the site in accordance with our terms and condition will face decisive action include immediate and permanent termination of their account and or legal consequences. We reserve the right to and will report any illegal activities to the appropriate authorities.
3.9. We are dedicated to ensuring a secure and reliable platform for all our users. You must not access or use or services in ways whether directly or indirectly that interferes with, disrupt or negatively affect the platform. Users must not upload transmit or facilitate any malicious code, malware or viruses or any other harmful software through our website or otherwise compromise the security of our services;. Engaging in such activities is a violation of our terms and condition your account will be terminated; we reserve the right to take legal action as deemed necessary to address such violations.
3.10. You are not permitted to nor should you attempt to copy, record or reproduce any of the content available on our website, including but not limited to all live performance. You are not permitted to post or share publicly or privately any content or live performance from our website.
3.11 By accessing our site and services you agree to comply with all applicable regulatory requirements to your jurisdiction not limited to and including violation of data protection and privacy laws, intellectual property laws, anti-spam laws.
3.12. Upon registration you must select a username which is not considered by us to be inappropriate, offensive or in violation of a third party rights. Usernames considered by us to be inappropriate, offensive or in violation third party rights and or our terms and condition will be amended without notice. We reserve the right to suspend or terminate your membership; closing your account.
3.13. You agree that we shall not accept any liability for any expenses, losses, damages, liabilities or you may incur due to any unauthorised use of your account. You agree to indemnify us and hold us harmless for any such unauthorised use. We reserve the right to create accounts for quality control and administrative purposes, these accounts may be publicly viewable.
3.14 You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
3.15 You agree not to upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non disclosure agreements);
3.16 You agree not to upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person;
3.17 You agree not to upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "affiliate marketing codes," "link referral code," or any other form of commercial solicitation;
3.18 You agree not to upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, networks or telecommunications equipment;
3.19 You agree not to disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users or members of the Services are able to type, or otherwise act in a manner that negatively affects other users' or members' ability to engage in real-time exchanges;
3.20 You agree not to interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services, including using any device, software or routine to bypass our robot exclusion headers;
3.21 You agree not to violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the UK and U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, but not limited to, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
3.22 You agree not to provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
3.23 You agree not to "stalk" or otherwise harass another person or user or member;
3.24 You agree not to collect or store personal data about other users or members without their consent (including, but not limited to, through the use of scripts, bots or web crawlers) or upload, post, email, transmit, chat or otherwise disclose other users' or members' private information; or
3.25 You agree not to disclose any telephone numbers, street addresses, last names, URLs or email addresses in any user or member profile that you create.
PLEASE REPORT ANY VIOLATIONS OF THIS SECTION OR THESE TERMS TO OUR SUPPORT TEAM.
3.26 You agree not to upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person;
3.27 You must not facilitate any unauthorised access to our website through your account this will result in your account being immediately terminated. You will not be able to open a new account, and may result in you facing civil and criminal liability.
3.28 You agree not to impersonate or misrepresent your affiliation with, including acting as an employee of, us or our affiliated entities;
4.REGISTRATION
4.1 To register you must be at least 18 years old and in compliance with the local regulations applicable to your country to partake in viewing or interacting with adult entertainment services. You will need a credit card to be able to register with our platform.
4.2 In the event of unlawful conduct or breach of our terms and conditions we will without notice, terminate your account; this includes banning associated credit or debit cards. We will not be held responsible for any possible loss of registration fee as a result of such termination nor for any credit compensation or refund.
5.PURCHASES, SUBSCRIPTION AND RENEWAL
5.1. You will have the opportunity to purchase content onsite as part of our service, you may also subscribe to galleries. If you subscribe to any of our services, your subscription will automatically renew and you will be charged until you cancel. If you cancel, you will continue to have access to your subscription benefits until the end of your subscription period, at which point it will expire.
5.2. Because our services may be used without purchasing a subscription or content purchases cancelling any of these does not remove your profile from our Services or terminate your membership. If you wish to fully terminate your account, you must navigate to your account delete your account.
6.FEES & REFUNDS
6.1.Charges for interaction, purchases subscriptions, tips are all non-refundable. By completing any transaction with us you acknowledge that all transactions are final and non-refundable. We operate a no refund policy; subject to local laws and regulations prevailing.
We do not issue refunds unless there are extenuating circumstances for which we feel a refund is merited on a case by case basis. In cases where we deemed a refund is merited we may issue a refund in the form of site credit. Once access to our content has been granted, it cannot be revoked refund generally cannot be issued for any reason including dissatisfaction with the content or services. By accessing our site and completing your purchase you acknowledge and agreed to our no refund policy.
If any dissatisfaction arises as a result of a user's experience with an independent model who uses the Site software to host video chat rooms a refund will be considered in the form of site credit that can be used with other performers. The amount of the compensation depends on the specific situation and is determined by the administration of the site following a full investigation.
You must place your complaint with kinklivestream customer service using our contact form.
Amounts spent on related services – such as recorded shows – are not refundable.
Please send the message to support using contact form.
kinklivestream customer support team will investigates all reports as soon as possible.
6.2.If we remove your use of or registration as a result of you violating of our terms and conditions, you will not be entitled to a refund of any unused portion of any fees, payments or other consideration.
For any concerns regarding your transaction, you must contact us using our contact form. before completing your transaction
7.MEMBERSHIP, CANCELLATION & TERMINATION
7.1.You may cancel your membership of our site and unsubscribe from any subscription service within at any point by using the membership cancellation and the unsubscribe function within your account. If you experience any issues with this process please contact our support team using our contact form.
7.2.We reserve the right to suspend or terminate your membership without prior notice or liability, for any reasons at our sole discretion; but not limited to violation of our terms and conditions, security concerns, fraudulent and any other unlawful activity.
7.3.We reserve the right to notify any cooperate with relevant authorities, including law enforcement in the event of a violation of our terms and condition. In the event of a violation of our terms and conditions we may provide such relevant authorities with information about your account, usage and other details as require by law.
7.4 Subscription Fees. Certain Services are subject to subscription fees ("Subscription Fees"). These Subscription Fees are provided to you upon registration and may change from time to time. Unless otherwise indicated, Subscriptions Fees cover an initial period, for which there is a one-time charge, followed by recurring periodic charges for subsequent periods as agreed to by you upon registration. You acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING AT OUR REQUEST) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES APPLIED BEFORE WE CAN REASONABLY ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD FOR SUBSCRIPTIONS, GO TO THE BILLING HISTORY PAGE.
(a) Other Fees. Certain other Services may require you to make one-time payments or prepay certain amounts for credits, tokens, digital items or goods which may be redeemed solely for specified Services ("Credits"). Credits, as well as unused balances may not be redeemed for cash and may not be returned or forfeited for a cash refund, except as may be required by applicable law. In addition, Credits and unused balances are not transferable.
(b) Usage Fees. Certain Services may require a sufficient balance of funds in your Account against which usage or similar fees (e.g., pay per minute or pay per view) may be charged.
(c) Foreign Transaction Fees. We may use credit card processors or banks outside the United States or UK to process your transactions. In some instances, your bank or credit card issuer may charge you a foreign transaction or similar fee or charge. Before purchasing any Services, please check with your bank or credit card issuer for more information about its policies regarding foreign transaction and similar fees and charges.
(d) Promotional Credits. You expressly acknowledge that any promotion that provides points, pre-recorded shows, or similar credits or benefits (collectively, "Promotional Credits") may be terminated by us in our sole discretion at any time. If you have not logged into your account in the previous 180 days or if your membership is terminated for any reason, your Promotional Credits, if any, will expire and be forfeited. Unless expressly indicated for the specific promotion, Promotional Credits have no cash value and may not be redeemed for cash, converted for other Services and/or transferred to third-parties.
7.5 We reserve the right to terminate or restrict your access to or use of the Services, without notice or liability, for any or no reason whatsoever. In addition, we may terminate your Account and any membership and/or subscription with us by sending notice to you at the email address you provided in your application for membership. All decisions regarding the termination of Accounts shall be made by us in our sole discretion. We are not required, and may be prohibited, from disclosing to you the reason for termination of your Account, membership or subscription.
(b) You may terminate your Account, membership and/or subscription with us at any time, and termination will be effective immediately upon receipt of notice from you. Refunds will be considered and upon review of such request we aim to process and provide any applicable amount due 60 days after proper request made at contact form.
(c) Upon termination of these Terms for any reason, those provisions which, by their nature survive termination shall survive termination in accordance with their respective terms.
7.6 Renewals- In order to provide continuous service, we may automatically renew all paid subscriptions for the Services on the day such subscriptions expire. Such renewals shall be (i) for a period equivalent to the period of your initial subscription to the Services or a shorter period of time if specified, and (ii) in our discretion, at the price of the same or comparable Services then in effect. In addition, we sometimes offer special promotions that have renewal periods of different duration than the original subscription term. We always communicate renewal periods to you upon confirmation of your subscription and in the body of any special promotions that have renewal periods of different duration than the original subscription term. By agreeing to these Terms, you acknowledge that your Account will be subject to the above-described automatic renewals. In all cases, if you do not wish your Account to renew automatically, please go to the BILLING HISTORY PAGE and turn auto-renewal off.
(a) Your non-termination or continued use of the Services reaffirms that we are authorized to charge your chosen payment provider. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to, or otherwise joined, the Services.
8.PRIVACY AND DATA
8.1 Privacy is very important to us, when you visit our website, register as a member, or use the features of our website, you will share and/or we will collect some personal information about you. By using our services, you agree that we may use your personal data in accordance with our Privacy Policy. We will respect your personal information and undertake to comply with The Data Protection Act 2018 – General Data Protection Regulation (GDPR), subject to kinklivestream Privacy Policy. Our privacy policy explains how we collect, use and share your personal information and the choices you have regarding the use of your personal data. Please carefully read our privacy policy
8.2 Personal Communications and License to Your Content; Right to Block or Remove Content.
(a) You acknowledge and agree that your communications with other users or members via chats, conferences, bulletin boards, blogs, posts and any other publicly accessible avenues of communication through the Services are public and not private communications. Therefore, we strongly encourage you to use caution before disclosing any personal information about yourself in your public communications. We are not responsible for information that you choose to communicate to other users or members, or for the actions of other users or members, and you agree to indemnify us and hold us harmless from any losses, liabilities, damages or expenses you may incur due to such communications or actions. Except as provided in our Privacy Policy, once you post, send or otherwise make publicly available any Content through the Services ("Personal Content"), you expressly grant us, and hereby represent that you have the right to grant us, a perpetual, irrevocable, world-wide, assignable, sub-licensable, and transferable right and license to quote, re-post, use, copy, reproduce, modify, create derivative works of, incorporate into other works, distribute, transmit, broadcast, communicate, publicly display, publicly perform and otherwise exploit such Content in any form or media, anywhere, and without any notice or compensation to you of any kind. You hereby grant us all consents, rights and clearances to enable us to use such Personal Content for such purposes. Personal Content may be searchable by, and you may be able to view and search Personal Content on, different websites (i.e., different URLs in the form of "co-brands" or "private labels") operated by us or our affiliated entities. Personal Content may also be searchable by third-party search engines, such as google, yahoo and bing.
(b) We reserve the right, but not the obligation, to refuse to transmit or post, and to disclose, block or remove any Content, including but not limited to, Personal Content, in whole or in part, that we, in our discretion, deem to be in violation of these Terms or otherwise harmful to persons using the Services, regardless of whether this material or its dissemination is unlawful. We retain the right, but not the obligation, to monitor all transmissions and postings of Personal Content and other materials from time to time to investigate or prevent violations of these Terms. In addition, we may also take reasonable steps, including the limiting or filtering of the number of emails, chat messages or posts sent or received by a user or member.
8.3 The Services may include hyperlinks or banner ads to third-party websites, content and/or resources ("Resources"). You acknowledge and agree that we have no control over and are not responsible for the availability of any such Resources, and we do not endorse any advertising, products or other materials on or available from such Resources. Because we cannot control the activities of such Resources, we cannot accept responsibility for any use of your personal information by such third parties, and we cannot guarantee that they will adhere to the same privacy and security practices as us. If you visit or link to a Resource, you should consult that Resource's privacy policy before providing any personal information. You agree that we shall have no liability for any losses, damages, liabilities or expenses you may incur due to your use of such Resources, and you agree to indemnify us and hold us harmless for any such use.
(a) Opinions, advice, statements, offers, or other information or content made available through the Services are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not:(i) guarantee the accuracy, completeness, or usefulness of any information through the Services, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears through the Services. Under no circumstances will we or our affiliated entities be responsible for any loss or damage resulting from your reliance on information or other content posted through the Services or transmitted to or by any of our users or members.
9.INTELLECTUAL PROPERTY
9.1. All content, features and functionality on kinklivestream included to but not limited to text, graphics, audio clips, video clips, images, logos, software and other materials are exclusively property of kinklivestream and our affiliated third parties or its licensors and are protected by copyright trademark, and all other intellectual property laws.
The content provided through the Services, including but not limited to, the text, data, software, manuscripts, graphics, photographs, music, sounds, videos, interactive features, blogs, posts, feedback, messages, tags and other materials (collectively, "Content") and the trademarks, service marks and logos contained therein ("Marks") are owned by or licensed to us, subject to copyright and other intellectual property rights under UK, United States and foreign laws and all applicable international conventions. All content is provided to you solely for your information and personal, non-commercial use. You agree to not engage in the use, copying, or distribution of any content other than as expressly permitted herein. If you download or print a copy of the content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any content or enforce limitations on the use of the services or content. We or our licensors retain all intellectual and proprietary rights in and to the services and content, except as expressly provided herein. No right is granted to you herein to use any marks.
9.2. Subject to compliance with our terms and conditions you are granted a limited non-exclusive non-transferable, revocable license to access and view the content for your personal and non-commercial use.
The Services are made available for your personal, non-commercial use. You will not advertise or solicit any user or member to buy or sell any products or services through the Services. You may not transmit any chain letters, junk or spam e-mail to other users or members. Further, you will not use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user or member without their prior express consent. If you breach the terms of this subsection and/or send or post unsolicited bulk email, "spam" or other unsolicited communications of any kind through the Services, we reserve all rights, claims and causes of action we may have, statutory or otherwise, including but not limited to, the right to seek statutory penalties for each such unsolicited communication you send through the Services.
You may not, and agree not to:
9.3. Use any of our content for any commercial purposes and or in any manner which or may infringes upon the intellectual property rights of kinklivestream and or our third parties.
9.4. Modify, reproduce, create derivatives of, upload on any other platform (s) without prior written consent from kinklivestream.
9.5. Alter, remove or obscure ant copyright trademark or other proprietary notices contained in or on our contents.
9.6 We reserve the right to modify or update this clause at any time, your continued access and use of the site amount to acceptances of any and all our revised terms.
10.LIMITATION OF LIABILITY
10.1 KINKLIVESTREAM MAKE NO REPRESENTATIONS OR WARRANTIES THAT OUR SITE WILL MEET YOUR EXPECTATION (S) BE UNINTERRUPTED, TOTALLY SECURE OR FREE FROM ERRORS. WE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM YOUR ACCESS TO OUR SITE WHATSOEVER CAUSED. YOU ACCESS AND USE THE SITE AT YOUR OWN RISK. OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
10.2 NEITHER KINKLIVESTREAM NOR ANY OF OUR AFFILIATES WILL BE HELD LIABLE UNDER ANY CIRCUMSTANCES; TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR INDIRECT DAMAGES.
(INCLUDING BUT NOT LIMITED TO: PHYSICAL DAMAGES, PHYSICAL INJURIES, EMOTIONAL AND MENTAL DISTRESS OR INJURIES, OR PROPERTY DAMAGES, ERROR OR OMISSION IN CONTENTS, INABILITY TO USE OR ACCESS OUR SITE AND SERVICES, UNAUTHORISED ACCESS ALTERATION OR TRANSMISSION OF DATA AND OR ANY OTHER MATTER RELATED TO OUR WEBSITE OR SERVICES). YOU HEREBY WAIVE ANY CLAIM OR ANY RIGHT TO SEEK DAMAGES WHICH MIGHT ARISE FROM ANY AND ALL ACTIONS, INTENTIONAL OR UNINTENTIONAL, WHETHER OF OMISSION OR THE NEGLIGENCE OF OUR EMPLOYEES.
10.3 CONTENT PROVIDED "AS IS" ACCESS TO CONTENT.
YOU UNDERSTAND THAT CONTENT, WHETHER PUBLICLY POSTED OR PRIVATELY TRANSMITTED, IS THE SOLE RESPONSIBILITY OF THE PERSON FROM WHOM SUCH CONTENT ORIGINATED. WE DO NOT CONTROL THIS CONTENT AND DO NOT GUARANTEE ITS ACCURACY, INTEGRITY OR QUALITY. ALL SUCH CONTENT IS PROVIDED "AS IS" WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU IN ANY WAY FOR ANY CONTENT, INCLUDING BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT. WE CLAIM IMMUNITY FROM LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW, AND AS FURTHER PROVIDED UNDER THE COMMUNICATIONS DECENCY ACT, FOR ANY CONTENT PROVIDED BY THIRD PARTIES. NEITHER OUR ACTIONS NOR ANY PROVISION IN THESE TERMS IS INTENDED TO WAIVE, REMOVE OR USURP SUCH IMMUNITY.
10.4 YOU ARE WHOLLY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS.
WE DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON USERS OF OUR SITE AND SERVICE.
10.5 YOU AGREE THAT YOU SHALL ASSUME ALL RISKS INVOLVED WITH YOUR SOCIAL INTERACTIONS WITH OTHER USERS.
YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECTLY, INDIRECTLY OR CONSEQUENTIALLY ARISING OUT OF YOUR MEMBERSHIP INCLUDING, BY NOT LIMITED TO DAMAGES ARISING OUT OF COMMUNICATIONS, CONTACT AND MEETINGS WITH OTHER MEMBERS, INCLUDING WITHOUT LIMITATION, INTENTIONAL, CRIMINAL, NEGLIGENT OR GROSSLY NEGLIGENT ACTS OF OTHER USERS.
10.6 YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS AND MEMBERS OF THE WEBSITE AND SERVICES. YOU UNDERSTAND AND AGREE THAT WE HAVE NO OBLIGATION TO SCREEN OUR USERS OR MEMBERS; INQUIRE INTO THE BACKGROUNDS OF OUR USERS OR MEMBERS; OR ATTEMPT TO VERIFY THE STATEMENTS OF OUR USERS OR MEMBERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OR MEMBERS. IF YOU FIND OTHER USERS' OR MEMBERS' INFORMATION TO BE OFFENSIVE, HARMFUL, INACCURATE AND/OR DECEPTIVE, YOU MAY USE THE REPORT ABUSE PAGE PROVIDED ON THE WEBSITE. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND OTHER USERS OR MEMBERS OR TO TERMINATE OR BLOCK YOU AND OTHER USERS OR MEMBERS FOR VIOLATIONS OF THESE TERMS. PLEASE ALSO USE CAUTION, COMMON SENSE, AND SAFETY WHEN USING THE SERVICES TO INTERACT WITH OTHER USERS AND MEMBERS. We further reserve the right, but have no obligation, to conduct any credit, criminal or other background checks using publicly available records, at any time, to confirm your compliance with these Terms.
(b) In the event that you have a dispute with one or more other users or members, you hereby release us, our parent, subsidiaries and affiliated entities, and ours and their shareholders, directors, officers, employees, agents, successors and assigns from any and all claims, demands, damages (actual and consequential), losses and liabilities of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes. 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."
10.7 KINKLIVESTREAM DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OF THE SERVICE.
11. INDEMNITY
11.1. Your content actions and omissions are your sole responsibility. You agree to indemnify, hold harmless, and defend kinklivestream its partners, officers, directors, employees, agents and affiliates from and against but not limited to; all liabilities, claims, complaints, damages, demands, cost, losses, expenses including all legal fees due related to and or arising from access and use of our website or services.
11.2. You agree to indemnify for any negligent acts, omissions or wilful misconduct by you; your content; your violation of any law or any rights of any third party and in any violation of our terms and conditions and or policies. We reserve the right to defend any claims brought against us without your prior consent. Upon request you agree to cooperate fully and participate in the defence of any relevant claim (s) against us.
12.DISCLAIMER
Please read carefully:
12.1 Our site and our content includes our member content is provided to you “as is” and “as available” to the extent permitted by applicable law, without warranty of any kind, either express, implied, statutory or otherwise with respect to the site, including, but not limited to, any implied warranties of satisfactory quality, fitness for a particular purpose, title or non-infringement.
12.2 We do not control the content, endorse or guarantee or assume responsibility for its accuracy legality or appropriateness. We make no representation or warranties regarding such content.
12.3 No advice or information, in any form, shall create any warranty, representation or guarantee not explicitly stated in this section.
12.4 Additionally, we do not make any warranties that the site will be uninterrupted, secure or error free, any defects or faults in the service will be amended, or that our content, member content or information you obtain on or through the site will be accurate, correct or reliable. any material downloaded or otherwise acquired through the site is done at your own discretion and risk.
12.4. We take no responsibility for any content that you or another user or third party posts, sends or receives through the site.
12.6. you are solely responsible for your interactions with other users and third parties. kinklivestream does not conduct criminal background checks on its users or look into their general background. We are not responsible for the conduct of any user.
12.7. we reserves the right to conduct any criminal background check or other screenings at any time using available public records, which you agree we may do.
12.8.The interaction or content provided on this site does not constitute legal financial, psychological or medical advice. if you require any specific advice relating to any of the above you must consult the relevant qualified professional.
we reserve the right to modify this disclaimer at any time.
13.ENTIRE AGREEMENT
13.1 This agreement “ terms and conditions”, alongside our privacy policy and data policy represents the complete and exclusive statement of our terms and conditions, agreed upon by all parties; its intend is to cover all aspect of the parties agreement regarding the performance and provision of our adult entertainment services.
13.2 Any terms disclosed and agreed to by you throughout your use of kinklivestream, constitutes the entire agreement between you and kinklivestream. If any part of this Agreement is held invalid or unenforceable, it shall be amended and updated and removed from the Terms and Conditions accordingly. The remainder of this Agreement shall remain binding and enforceable. Any failing by kinklivestream to exercise or enforce any right or provision of this Agreement does not represent a waiver of such right or provision.
These terms and conditions constitutes a legal agreement between this site and yourself, as well as any business entity of which you have any legal or equitable interest. If any portion of this agreement is deemed unenforceable by a Court of competent jurisdiction, it shall not affect the enforceability of the other portions of this Agreement.