Terms & Conditions

Terms and Conditions
By accessing Kinky411.com and any of its affiliated Websites (hereafter "Websites"), you are agreeing to these Terms and Conditions of Use.

These Terms & Conditions of this Agreement apply to Kinky-411 (referred to as "Company") or its affiliates including Kinky411.com (herein referred to as "Site") (collectively, referred to herein as "we" or "us" and used interchangeably); and the term "You" and "Your" is used to refer to You, the User.

These Terms & Conditions constitute a legal agreement between you and Site and spell out the terms and conditions to which users of this Site are expected to adhere. Please read it carefully before using this Site, because by using this Site, you agree to be bound by the terms set forth here, which are hereby incorporated by reference into these Terms & Conditions (collectively referred to as the "Agreement"). If you do not agree with or do not wish to be bound by all of the terms and conditions of this Agreement, do not use this Site. We reserve the right to amend these Terms & Conditions at any time and will post the amended Terms & Conditions here.

1. Copyright Notice

1. The material on this Site may not be reproduced and may not be distributed, publicly performed or otherwise used in any manner, except with the prior express permission of Company

2. Trademark Statement

1. Kinky411.com are trademarks of BackDrop Networks, all pending or registered in U.S. Patent and Trademark Office.

3. Kinky411.com Content

1. The contents of this site are intended for the personal, noncommercial use of its users. All materials published on this Site (including, but not limited to advertisements, photographs, images, illustrations, and text (collectively, the "Content")) are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by Company or the party credited as the provider of such Content, software, or other materials. You shall abide by copyright or other notices, information and restrictions appearing in conjunction with any Content accessed through this Site.

2. This Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. Except as may otherwise be set forth in this these Terms & Conditions, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials, Site in whole or in part.

3. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission of Company, or the copyright holder identified in the individual Content's proprietary rights notices. For the avoidance of doubt, including any Content (in whole or in part) on your personal website, when it is accessible to any other person, is not a personal use and is not permitted.

4. Access & Availability of Service & Links

1. This Site may contain links to other related World Wide Web Internet sites. Selection of an ad banner or link will redirect you off of this Site to a third party Web site. Interactions that occur between you and the third party are strictly between you and that third party and are not the responsibility of Kinky411.com. We are not responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. We does not assume any liability or responsibility for the actions, product, availability or content of these outside resources. You should direct any concerns regarding any external link to the site administrator or Webmaster of the third party Web site.

5. Representations & Warranties

By using this site, YOU REPRESENT, WARRANT, AND COVENANT THAT:

YOU KNOW AND UNDERSTAND THAT THE CONTENT PRESENTED AT, AND/OR DOWNLOADABLE FROM, THIS SITE INCLUDES EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND SEXUAL ACTIVITIES, INCLUDING WITHOUT LIMITATION, HETEROSEXUAL, BI-SEXUAL, HOMOSEXUAL, AND TRANSSEXUAL ACTIVITIES OF AN EXPLICIT SEXUAL NATURE; THAT YOU ARE FAMILIAR WITH MATERIALS OF THIS KIND; THAT YOU ARE NOT OFFENDED BY SUCH MATERIALS; AND THAT BY AGREEING TO THESE TERMS & CONDITIONS YOU ARE WARRANTING TO US THAT YOU ARE INTENTIONALLY AND KNOWINGLY SEEKING ACCESS TO SUCH EXPLICIT SEXUAL MATERIALS FOR YOUR OWN PERSONAL VIEWING.
You are at least 18 years old or the applicable age of majority in your jurisdiction and possess the legal authority to enter into this Agreement.
You represent, warrant and covenant that you will not use this Site to (i) engage in any form of illegal conduct, harassment, or offensive behavior; (ii) infringe the privacy rights, property rights, or other civil rights of any person or entity; (iii) violate, plagiarize or infringe upon the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary rights, or (iv) commit any fraudulent or otherwise unlawful act or violate any law.
WE SHALL NOT BE HELD RESPONSIBLE IN ANY WAY FOR THE OUTCOME OF ANY CONTACT OR MEETING, WHETHER IN PERSON, BY TELEPHONE OR ANY OTHER MEANS, RESULTING FROM ADVERTISEMENTS PLACED OR RESPONDED TO, OR MESSAGES OR COMMUNICATIONS SENT OR RECEIVED BY USERS OR ADVERTISERS THROUGH THIS SITE, OR THROUGH ANY USE, DIRECTLY OR INDIRECTLY, OF THIS SITE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THIS SITE DOES NOT SCREEN ANY USERS OR ADVERTISERS OF THE WEBSITES, HAS NO CONTROL OVER THEIR ACTIONS AND MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE CHARACTER, VERACITY, AGE, HEALTH OR ANY OTHER ATTRIBUTE OF USERS OF THIS SITE, INCLUDING ANY PERSON WHO PLACES ADVERTISEMENTS ON THIS SITE; YOU FURTHER ACKNOWLEDGE AND AGREE THAT THIS SITE DOES NOT ENDORSE, ENCOURAGE, RECOMMEND OR ARRANGE COMMUNICATIONS OR MEETINGS AMONG USERS OF THE WEBSITES, OR ANY OTHER PERSONS, AND YOU ARE EXPECTED TO USE COMMON SENSE AND TAKE APPROPRIATE MEASURES AND PRECAUTIONS TO INSURE YOUR OWN PERSONAL SAFETY AND PRIVACY IN THE EVENT THAT YOU CHOOSE TO COMMUNICATE WITH, OR MEET WITH ANY PERSON WITH WHOM YOU HAVE COMMUNICATED THROUGH THE USE OF ADVERTISEMENTS POSTED ON THIS SITE.

You hereby indemnify, defend and hold Company and its officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms & Conditions or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys' fees. You shall cooperate as fully as reasonably required in the defense of any claim. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects the rights of Company without Company's prior written approval.

We neither represent nor endorse the accuracy or reliability of any advertisement, photograph, image, statement or other information displayed, uploaded, or distributed through this Site by any advertiser, user, information provider, or any other person or entity. THIS SITE AND ANY MATERIALS PROVIDED BY US ARE PROVIDED "AS IS." COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH THIS SITE. COMPANY DOES NOT GUARANTEE THAT YOUR ACCESS TO OR USE OF THIS SITE AVAILABLE THEREON WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OR SECURE AND MAKES NO WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THIS SITE.

You hereby acknowledge that you are an adult are willing to use this Site at your sole risk.

6. Limitation of Liability

1. NEITHER COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE SHALL BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF, OR INABILITY TO USE, THIS SITE OR ANY OF THE MATERIALS PROVIDED BY COMPANY OR THIRD PARTIES THROUGH THIS SITE THEREON, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions shall only apply to the extent permissible under applicable law.

2. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY'S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).

7. System Integrity

1. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any transaction conducted on this Site. You may not take any action, which imposes an unreasonable or disproportionately large load on our infrastructure.

8. Miscellaneous

1. These Terms & Conditions have been made in and shall be construed and enforced in accordance with Nevada law without regard to any conflict of law provisions. Company makes no representation that the Content on this Site is appropriate for access outside of the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws. You agree that any action to enforce this Agreement shall be brought in the federal or state courts located in San Jose and San Francisco, California.

2. Official correspondence must be sent via postal mail to:
Kinky411.com
Post Office Box 390486
Mountain View CA 94039

3. These Terms & Conditions and any other terms referenced in this Agreement constitute the entire agreement between you and Company with respect to your access and use of this Site and supercede all prior or contemporaneous agreements (whether oral, written or electronic) between you and Company with respect to this Site. If any of the provisions of this Agreement are determined to be invalid or unenforceable, then each invalid or enforceable provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. Companny may assign these Terms & Conditions (i) to any of its affiliates, (ii) to the surviving entity in the event of a merger, acquisition, or the sale of all or substantially all of the assets of Company or (iii) in connection with the sale of this Site or the business unit associated with this Site.