1.1 This document is a legal agreement (the “Agreement”) setting out your rights and obligations and those of KissBank Limited (“KBL”)(a company registered in the United Kingdom under registration number: 7499717) in relation to KBL, in relation to the Kissbank Website www.kissbank.com and the services provided by KBL (the “Services”).
1.3 It is vital that you read and fully understand this Agreement before you register, because when you register, you will be entering into a contract with us under the terms of this Agreement. Anyone who visits our Website is also bound by this Agreement every time he/she accesses the Website. Under this Agreement, you must be aware that you are responsible for ensuring that anybody who accesses the Website and our Service via your internet connection must also comply with the terms of this Agreement.
2. ACCESS TO OUR SERVICE
2.1 Our Services are strictly for persons of 13 (thirteen) years of age and over. Use of our Service by a person under the age of 13 is explicitly forbidden, and the use of any features of our Service by anyone below the age of 13 is in violation of this Agreement. This is why we require everyone who registers under this Agreement to disclose his/her date of birth.
2.3 KBL is not an internet service provider. It is for the user of our Service to contract an internet service to access our Website.
2.4 Our Service may become temporarily unavailable for maintenance or other reasons. KBL accepts and holds no responsibility for any defect in the operation of our Website or Service, nor for any interruption, error, delay, omission, or deletion of the Website. Neither are we responsible for any problems concerning any technical malfunction of computer systems, software, telephone networks or services, servers or providers., mobile phone equipment, computer equipment, failure of email due to connections with technical problems or traffic congestion on the Internet, including injury or damage to your or to any other person’s computer or other hardware or software, related to or resulting from using or downloading materials in connection with the Internet and/or in connection with our Service.
3.1 by registering and using our Service, you are hereby agreeing to:
a) Provide honest and accurate information in all the sections you complete in our registration form.
b) Update your registration details accurately and honestly, including by ensuring that your contact details, including your email address, are up to date.
c) Keep your password confidential. For security reasons, we may require you from time to time to alter your password or other information that allows access to the Website and our Service.
d) Notify us immediately if you suspect there has been any unauthorised use of your account.
e) Accept responsibility for everything that occurs through your account.
3.2 Users who are registered in accordance of the terms of this Agreement become KBL “Account Holders”.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 KBL may claim, or choose to disclaim, any ownership rights over any content that you or another Account Holder input into the Website and/or make available or accessible to other Account Holders and users of the Website. This includes all content; information, photographs, images, sounds, videos, graphics, software, a files, whether permitted by the Website now or in the future.
4.2 Any content posted must be in accordance of the terms of this Agreement; content posted this way will enable you to retain all intellectual property rights in that Content subject to the licence granted to us by you in accordance with clause 4.3;
4.3 When you submit Content, you are declaring that:;
a. You are fully entitled to do so
b. You have full ownership over the Content or have full authorisation of the owner of the Content
c. The rights (including intellectual property rights) of any third party, or applicable laws, whether tortuous, criminal or otherwise, will not be violated by the posting of the Content.
d. The Content must fully comply with this Agreement, which includes the Acceptable Use Policy.
e. You will grant to us and our affiliates a royalty-free, sub-licensable, non-terminable, non-exclusive, global license to alter, replicate, distribute, publicise and create derivative work from the Content anywhere for any purpose for any form
f. You give us the authorisation to make adaptations to any on the Content you submit under our discretion, thus waiving your rights to object or claim authorship over any of the Content.
g. You agree to fund any fees and/or royalties and/or any other payments due to any third party owed by the posting of your Content
h. You acknowledge that any copyright, trademarks and intellectual property rights in and in relation to our Service and Website, (with the exception of the Content,) are owned by us and/or our licensors.
i. You acknowledge that any material copied from our Website is illegal. Nothing can be copied, distributed or shown in public; neither can you create any work derived from anything in our Website and Service unless it is completely in compliance with the licence assigned to you in the clause 4.4.
4.4 Any Account Holder who is authorised to use all aspects of our Service and Website is granted a limited licence to print/download a copy of material from the Website only for his/her own personal use, provided its use is non-commercial and provided he/she fully acknowledges that the copied material is the property of KBL. Any material so copied must not be altered, distributed, republished, displayed, posted transmitted, sold, or incorporated into other databases or aggregations of data in any way. If you breach this limited licence, it will instantly be terminated, as will all you rights to use any aspect of our Website and our Service. You will also be obliged to destroy or return, at our discretion, any and all copies of KBL Material you have copied.
5. TRADE MARKS
The word KissBank and the Kiss logotype are registered trademarks and/or registered designs in the United Kingdom and in other countries, territories and aggregations of territories around the world. It is illegal to copy, duplicate or otherwise use any or all of these trademarks and designs without the prior written approval of KBL.
6. ACCOUNT HOLDER CONDUCT AND TERMINATION
6.1 Our Service must only be used by Account Holders in accordance with the terms of this Agreement. Our Website and Service must be used in accordance with the Acceptable Use Policy and must not be used in any unlawful way.
6.2 The use of our Website and our Service must only be for personal, non-commercial use.
6.3 Without prejudice to the generality of clause 6.4(a) below, if you breach any clause of this Agreement we may close your Account with or without notice to you.
6.4 We reserve the right at our sole discretion to: (a) suspend or terminate your or any other Account Holder’s access to our Service, or parts of it; and/or (b) remove, or require you or any other Account Holder to remove Content, if you or the relevant Account Holder or Content appears to us, or to a complainant, to be in breach of any provision of this Agreement.
6.5 Once we have terminated or suspended your Account, or denied you access to our Website and/or our Service, you may only re-register with our permission.
6.6 Whilst you are logged in to your Account you, as the Account Holder, claim and accept full responsibility for all activity conducted through our Website and our Service, and through your email account(s).
6.7 We are not obliged to exercise any rights we have reserved in this Agreement.
6.8 Whilst we will take all measures to ensure that an Account Holder whose Account has been terminated shall not re-register as an Account Holder, we cannot guarantee that such Account Holder will not re-register in breach of his/her obligations under this Agreement.
7. CREATING AND OPERATING AN ACCOUNT
7.1 Your Account with KBL may be opened, administered, operated and managed in the following manner:
a. By registering as an Account Holder on our Website. Our registration page requires you to enter certain mandatory data (marked with an asterisk *) and invites you to enter certain optional data. The purpose of this data is to enable us to identify you uniquely, and to assist other Account Holders and users of our Website and our Service to do the same. We also require this data to enable you to operate all the functions made available to Account Holders, to enable us contact you if need be and to ensure that you are at least 13 years old, because anyone below this age is not permitted to become an Account Holder.
b. By providing accurate and honest information in your profile
c. By sending Kisses, choosing from one of the six categories of Kisses we offer, to registered and nominated Account Holders. You also have the option to add a message of up to 300 characters in length to every Kiss you send.
d. To identify the party to whom you will send a Kiss via his/her email address or from our database.
e. To send your Kisses from an allocation of 200 Kisses we will add to your Account in the month you register as an Account Holder and from the 100 Kisses we will allocate to your Account on the first day of each subsequent month. Any Kisses you do not send in the month you register will be carried forward to the subsequent month. The number of Kisses you can carry forward to subsequent months thereafter is limited to 50.
f. By understanding that at midnight GMT on December 31 (or midnight local time in each country internationally if we so choose) the number of Kisses in your Account and the number of Kisses you have received is reset to zero.
g. To be able to Kiss another Account Holder as many times as you choose to do so, subject to being able to send only one Kiss per day to any other single Account Holder.
h. To receive Kisses from other Account Holders and to have such Kisses, together with any attached messages, stored in your Account.
i. To have the number of Kisses you have received featured in your profile.
j. To appear in a KissBank Index at global, national and local level if you have received sufficient Kisses to warrant inclusion.
k. To appear, if you have received sufficient Kisses, in the KissBank Index Rich List which is published by KBL on our Website at global, national and local level on January 1 each year.
l. To be able to submit a story about an individual to the KBL editorial team which, at its discretion, may contact you to establish the additional material necessary to enable KBL to feature the story on our Website.
m. To view and read stories featured on our Website, and in our archive and to search for such stories on a global, national and local basis.
n. To view the KissBank Index selecting among the Combined Index, Hero Index and the Celebrity Index, and being able to view these Indexes at a global, national and local level.
o. To view and manage an online statement of Kisses sent, Kisses received and Kisses remaining to be sent.
p. To be able to update your profile, including changing your email address and password.
q. To be able to report to KBL any matters that, in your opinion, constitute abuse of our Website and our Service, including in respect of messages you receive whose content you consider offensive or inappropriate.
7.2 This list may be altered at any time at KBL’s discretion, by adding or removing functions. KBL cannot guarantee that all the above operations and functions will be available at all times.
7.3 From time to time, KBL and/or its affiliates may introduce new functionality to our Service. This new functionality may be subject to additional Terms and Conditions, which you are obliged to comply with. Any action you take which does not comply with these additional Terms and Conditions is a breach of this Agreement, and may result in us terminating or suspending your Account.
8. NOMINATED ACCOUNTS
8.1 Account Holders are entitled to submit to us a story about an individual by nominating that individual and sending him/her a Kiss. The KissBank editorial team will decide if the story is of sufficient interest to be researched and featured in our Website. The name of that individual will be included in the list of names on our Website until such time as we decide whether or not to feature the story, and the Kiss sent to that individual, together with any other Kisses that individual receives, will be retained to enable the individual to collect the Kiss(es) if he/she chooses to register as an Account Holder. Insofar as we decide not to feature a story about the individual in our Website and the individual has not registered as an Account Holder, then we will immediately delete all information about that individual from our Website.
8.2 We have also included in our Website a list of Celebrities, intentionally segregated from our list of Account Holders and nominated individuals, to enable our Account Holders to send Kisses to such Celebrities for the sole purpose of establishing which Celebrities have the greatest popularity at global, national and local level. This is done as a purely journalistic activity, with the only data retained on such Celebrities being name, country of origin and occupation, together with a brief biography drawn from publicly available data to assist Account Holders in deciding whom to Kiss. On grounds of fairness, we have provided Account Holders with the ability to nominate Celebrities who they believe should be included in the list but have been excluded. We will review such nominations and decide if the Celebrity so nominated should be included in the list.
8.3 If any individual nominated under 8.1 and 8.2 above requests us to remove his/her details from our Website, we will do so with immediate effect.
9. YOUR PRIVACY
9.2 You have the ability to report to us Account Holders who communicate with you in an inappropriate, malicious or distasteful way, and we may, at our discretion, either block access of such Account Holders to your Account and/or to close their Accounts.
10. INFORMING KBL AND REMOVING CONTENT
10.1 KBL cannot and does not accept responsibility for the conduct, Content or activity of other Account Holders, whether using our Website and our Service, or in their activities generally. Our Website and Service is a platform to allow Account Holders and visitors to our Website to participate in our Service and enjoy the content of our Website.
10.2 If you see anything on our Website which appears to breach this Agreement in any way, we will appreciate it if you contact KBL via the Report Abuse facility or the Contact Us details included in our Website.
10.3 KBL does not actively approve or monitor the Account Holder Content of our Website. We therefore depend on Account Holders to inform us of any form of potential misuse of our Website and our Service, or of any misconduct by Account Holders. We set guidelines and rules and are in no way responsible for the activity/use of Account Holders and/or visitors to our Website. We are not responsible for any unlawful, inappropriate or offensive material and/or usage of our Website.
10.4 We retain the right to remove, delete or relocate any Content from our Website without notice and at our total discretion. This may be for a variety of reasons including because it breaches our Acceptable Use Policy or may, in our opinion, damage our reputation and hence, by association, the reputation of our Account Holders. It is the obligation of each Account Holder to make his/her own arrangements, and his/her own expense to make copies of, or replace, any Content provided to us or input into our Website.
11. THIRD PARTIES
11.1 Insofar as now or in the future our Website provides or contains links to any third party websites (“external sites”) which can be accessed through our Website, we state categorically that we have no control, nor accept any responsibility, for any loss or damage that may occur through a KBL Account Holder or visitor to our Website accessing such external sites. In this Agreement you acknowledge your personal responsibility and risk in accessing external sites.
11.2 If, on occasion, we enter into any agreement with any third parties, allowing them to install third party applications, material, content or software on our Website or our Service, you should be aware that if you use such third party services, these third parties may be able to retrieve data made available by Account Holders to us. It is your choice whether to use such third party services and if you choose not to use them, none of your data will be accessible to such third parties.
11.3 Using the services of any third party provider may require you to agree to their own terms and conditions. If you do not agree to them, do not continue to use these services. We accept no responsibility for any loss or damage that may arise from your use of any third party services. We accept no responsibilities to any third parties and/or in respect of any third party services, and under this Agreement you acknowledge and agree that you use/install them at your own risk.
12. RELEASE AND DISCLAIMER
12.1 All material and Content from our Website, our Service and any other third party is supplied “as is.” KBL disclaims any and all expressed or implies representations and warranties. This includes merchantability, compatibility for a specific purpose or non-infringement. KBL does not guarantee any consequences or effects of using our Website, our Service or any other third party application.
12.2 KBL disclaims any and all obligations in respect of reliance by Account Holders and visitors to our Website on information posted on our Website.
12.3 We do not represent or warrant that any Content or material on our Website, our Service or introduced via any third party application is accurate, complete, up-to-date, reliable, error-free, virus-free, or harmful in any other way. Through this Agreement you acknowledge that any material, content, data and/or software you download through or from our Website, our Service and any third party applications is entirely at your own risk and your personal responsibility. We accept no responsibility whatsoever for any loss or damage arising.
12.4 The truth or accuracy of any material provided by Account Holders and/or visitors to our Website that is made available on our Website or through our Service is in no way the responsibility of KBL. No person should place any reliance on the accuracy of any material or Content provided on our Website, and we disclaim any and all liability for any individual who places such reliance, whether an Account Holder or not.
12.5 When using any aspect of our Website and our Service, you should maintain a high degree of caution as to the material and Content you view.
12.6 Through this Agreement, you acknowledge that, whilst it is expressly in breach of this Agreement, certain Account Holders may provide information that is untruthful, misleading, unreliable and/or unlawful, and they may create an untruthful identity through their profile.
13. EXCLUDED LOSS
13.1 Under no circumstances will we, or our directors, employees or agents be liable to pay you or any third party for any direct, indirect, special, consequential, exemplary or incidental loss or damage or for any loss of data, revenue, profit or business arising from your use of our Website, our Service, third party applications, Content, information or any other materials on our Website, even if you have advised us of the possibility of such loss or damages.
13.2 KBL will not be liable for any failure to undertake any of our obligations under this Agreement caused by matters which are outside our reasonable control.
14. MAXIMUM LIABILITY
Without limiting the preceding clause, our aggregate liability under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed one thousand pounds sterling (£1000).
You agree to indemnify and hold KBL and its affiliates harmless from all loss, liabilities, demands, claims and expenses (this including all reasonable legal fees) made by any third party that may arise from any breach of this Agreement either by you or via the device which you used to access our Website and/or our Service, or otherwise in relation to any software, third party applications or Content that you have posted or shared on our Website or via our Service.
16.1 KBL reserves the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement.
16.2 Without the written consent of KBL, you may not assign or dispose of this Agreement or of any of your rights or obligations under this Agreement.
17. ENTIRE AGREEMENT
17.2 Any individual or party who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce or rely upon any of the terms of this Agreement.
If a judicial decision or decree holds any term of this Agreement to be invalid or unenforceable, the remaining terms and obligations of this Agreement shall remain valid and enforceable.
20. POSSESSION OF AGREEMENT
KBL does not separately file the Agreements entered into by our Account Holders when they register through our Website for our Service. You can access the terms of the Agreement through our Website: www.kissbank.com
21. CHANGES TO THIS AGREEMENT
We may revise this Agreement at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this Agreement may also be superseded by provisions or notices published elsewhere on our Website.
22. STATUTORY INFORMATION
You may write to KBL at: 3 Ludgate Square, Suite 21, London EC4M 7AS, United Kingdom.