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Terms of Use / Privacy Policy

Terms & Conditions

Date of Effectiveness: Dec 14, 2013
Date of Last Modification: Dec 14, 2011

Introductory Terms

When you register an account with or otherwise use any services provided by the Kinked.me website (further referred to as the “Site”, or as “we”, “our”, “us” and similar), you explicitly agree to all of the terms and conditions of the Agreement following below. All of such services provided are further referred to as the “Service”. Please familiarize yourself with following terms and conditions attentively, as they constitute the agreement between you, the user (further referred to as “User”, or “you”, “your”, or similar), and the Site. Such agreement is herein referred to as the “Agreement”.

IMPORTANT: if you do not agree to the terms and conditions laid out below, you are not allowed to use the Service in any manner. In this case you should not proceed to sign up for the Service or use it in any other way. Please be informed that by using the Service you are indicating your agreement and willingness to be bound by all terms and conditions of the present Agreement. This includes all amendments introduced by us as necessary.

User Agreement

1. Right of Use. It is required that your rights of using the Site and the Service are governed by any and all conditions, restrictions and limitations. It is in our sole discretion that we establish any and all such conditions. A right is reserved to amend, temporarily suspend or permanently cancel any aspect and/or part of the Service and the Site. Establishing such conditions is carried out in our sole discretion. We reserve the right to discontinue, change or temporarily suspend any part or aspect of the Service and/or of the site as a whole without prior notices and any arising liability.

2. Important: this is an adult-only service. You hereby warrant, represent and covenant that you are of legal age in your jurisdiction, at least 18 years old or of the age of majority, whichever is greater. Every aspect and part of the Site is intended for adult use only. You agree to access the Site and the Service only if you have reached the age of majority. A right is reserved to terminate your account if, in our sole discretion, find credible evidence that you are violating this section of the User Agreement. Additionally, we may terminate your user account and report the situation to appropriate authorities if we suspect, in our sole and absolute discretion, that a minor, meaning someone not the age of majority had access to and has used your account.

3. Kinked.me shall always have a zero tolerance policy concerning underage pornography, pedophiles, pederasts or any similar related activity.

a. Great measures are made to ensure that no underage models appear in any content (video or image) on the Site. All depictions of persons on the Site are published under a strong obligation of the producer thereof to publish, upload or stream content (videos or images) portraying only persons over the age of 18 (eighteen) at the time of production of such depiction.

b. Users seeking to access any form of underage pornography, including the so-called virtual child pornography should cease to use the Site immediately. Kinked.me does not provide this kind of content and no provider of such content is tolerated as part of the Site’s environment. We also do not tolerate consumers of this kind of content.

c. With an intent to strengthen our zero tolerance policy, we require you to report any content (images or videos) that you have substantial grounds to believe they depict minors. Users are required to report such content by clicking the Support link located at the bottom of every page of the Site. Evidence should be included with your report, e.g. date and time of identification. We are committed to investigate all reports and take appropriate action which will be based upon our reasonable abilities of verifying the provided evidence.

d. Kinked.me cooperates enthusiastically with any and all law enforcement agencies which investigate child pornography. Any outside activity which you have substantial grounds to believe is related to child pornography should be reported directly to ASACP.org.



4. Code of Conduct. You, the User, agree to use the Site and the Service in strict accordance with the rules of the Code of Conduct given below:

a. You are the one solely responsible for any and all information and content that you publish, post, display or articulate with the help of the Site and/or the Service. You as the User agree to keep all information provided via the Site and the Service as private and confidential. You agree not to give any such information to other parties without explicit permission from the person or party that provided said information to you;

b. You hereby indicate that you are aware of the Service providing access to explicit adult-oriented content published and supplied only by and to consenting Users of legal age;

c. You hereby agree not to use the Site and the Service as means of engagement in any form of offensive behavior and harassment, including but not limited to posting or sharing any content which may be deemed libelous, slanderous, harassing, defamatory, racist, obscene, offensive, abusive or in any other way contradicting your local laws and community standards;

d. You agree not to post any content, including messages, pictures or recordings, or use the Service in any other way which can:
i. violate, plagiarize or infringe upon lawful rights of any third party, including but not limited to any copyright or trademark laws, privacy or other personal or proprietary rights, or
ii. be fraudulent or otherwise unlawful connection with your use of the Service, or violates any law(s).

e. You agree not to use the Site and the Service to distribute, promote or otherwise publish and make accessible any material containing any solicitation for funds, advertising or solicitation for any goods and/or services;

f. Your access to the Service is for your own personal use. You may not allow others to use the Service and you may not transfer accounts to other users;

g. You cannot use the Service and/or the Site to infringe on any privacy right, property right, or any other civil right or rights of any person or group; and

h. You cannot forward any chain letters, advertisements, spam messages, or any such commercial message and/or incentive through the Site and the Service.



5. Illegal and Disallowed Conduct. In addition to the Code of Conduct, given above, performers appearing on the Site are obliged to strictly follow the rules given below:

a. No minors, children, babies, infants or unauthorized individuals can appear on camera or be in the same room.

b. No animals and/or pets (bestiality) are allowed on camera in a sexual or provocative context; no illegal drugs and/or drugs which may be seen as illegal outside of your jurisdiction, e.g. medicinal marijuana are allowed on camera.

c. No incest (sexual relations with family members involved) is allowed.

d. All illegal or potentially unsafe activities are prohibited, including but not limited to violence, torture, blood, pain, erotic asphyxiation, or any other actions associated with harm.

e. Discussing and arranging prostitution, sexual and/or escort services is not allowed.

f. Any and all actions which may be seen as obscene in your community and/or jurisdiction are prohibited.

g. Performers are allowed to interact freely with other performers on the Site. They may also choose to blowk other performers thus prohibiting any communication. It is completely at a performer’s sole discretion to choose Users they communicate with through the Site. Users have the right to ignore and ban other Users.

h. Information exchange is allowed between performers and members of the Site. This includes contact information with the exception of providing contact information with an intent of conducting webcam interaction (shows) and/or receive remuneration outside of the Site. Selling merchandise to a member, e.g. performer underwear, and conducting other transactions must be completed in exchange for Site points.

i. No advertising of commercial websites that offer webcam streaming is allowed under any circumstances by any performer. Performers are allowed to mention their wish lists, personal profiles and homepages.

j. No performer can ask for account information of a member and/or log in using credentials of accounts that do not belong to them.



6. Privacy and Information Use. No personal information of Users is disclosed to third parties except as set forth in detail in the Privacy Policy section.

7. Content Posted on the Site.

a. Your agreement with the Terms and Conditions of the present Agreement is deemed as your representation and warranty that any and all images you upload to the Site do not infringe on any third party’s intellectual property rights in any way. The Site hereby asserts immunity with respect to all content published by members or other third parties as provided by law, including but not limited to content provided under the Communications Decency Act. Members and other Users are not allowed to upload, share or in any way make available to anyone on or through the Service any images or content which in our sole opinion may be illegal and/or offensive. This includes but is not limited to any content involving urination, bestiality, other bodily excretions, defamatory or offensive material or otherwise obscene content and/or any conduct which is found to violate the prohibitions established under the Code of Conduct above, or any other provision of this Agreement as well. You are not allowed to use the Service to solicit and/or promote and publish any information that might be used for illegal purposes or encourages illegal and obsene activities.

b. No ownership rights are claimed in the text, files, images and/or photos, videos, sounds, audio works, applications, or any other content and materials that you publish, transmit, submit, display post on the Site, through it or in connection with the Service by us. After you publish such material on, through or in connection with the Service, you continue to retain any such rights that you may have in such content. Such rights are subject to the license herein. By publishing any such materials on, through or in connection with the Site you hereby grant the Site a non-exclusive, fully paid and royalty-free, sub-licensable and worldwide license to use, modify, add to, delete from, publicly perform and/or display, reproduce and distribute such content, including, without limitation, distributing such content, in part or in full, in any media formats and through any media channels.

c. You are not allowed to use the Site and/or the Service for any commercial purposes, including but not limited to promoting, marketing and advertising any goods or services, any investment opportunities, contests or similar commercial activities. The Site reserves the right at our sole discretion to immediately suspend your account, file for injunctive relief, file for civil redress and/or report any conduct that is in violation with these terms and conditions to any and all authorities that may have jurisdiction over the matter. In such event that any actions or proceedings are brought against the Site as a result of content you have published or shared, or as a result of you engaging in any activities prohibited by the User Agreement, you hereby agree to indemnify and hold the Site innocent and harmless with respect to all costs and expenses including but not limited to attorney fees that the Site may incur as a consequence of your publishing of such content and/or engaging in such prohibited activities.



8. Member Obligations As Defined by 18 U.S.C. § 2257. You are hereby notified that in accordance with federal law any visual depiction(s) that you publish, post, share or perform on the Site portraying actual sexually explicit conduct, depictions of the genitals or pubic area, or simulated sexually explicit activity, as such terms are defined in 18 U.S.C. §§ 2256(2)(A)(i)-(iv) and 2257A, require that you keep the records required by 18 U.S.C. § 2257, and any and all such postings must contain an “18 U.S.C. § 2257 Record-Keeping Requirements Compliance Statement.” Your inability and/or failure to comply with the provisions of 18 U.S.C. § 2257 may make you subject to criminal and civil prosecution based on your violation of federal law.

9. Use of Information on Site. You hereby agree and acknowledge that:

a. We are not capable of ensuring the security and/or privacy of information you provide via the Internet or otherwise. You hereby release us from any and all liability in connection with any breach of the security of such information and/or messages and with respect with possible use of such information by any other parties;

b. We shall not be held responsible for, and cannot control the use of any information which you provide to any other parties and/or the Service by other parties. You should exercise reasonable caution in selecting the personal information you provide to other parties through the Service;

c. We shall not assume any responsibility for the content of any message sent by any user on the Site. You explicitly agree to release us from any and all liability in connection with any communication(s) that you may receive from other Users of the Site;

d. Any and all images uploaded to the Service and/or Site will become property of the Site. They may be used by the Site without any restrictions as marketing materials. Your acceptance of the present Agreement and its Terms and Conditions means explicit authorization you provide to us to use any images you upload to for marketing the Site and Service in our sole discretion;

e. You are not allowed to use the Service for any unlawful purpose. We explicitly reserve the right to refuse to grant you access to the Site and/or discontinue your use of a username for any reason including but not limited to that the username you have selected impersonates another party, is protected by trademark or proprietary law, or is vulgar or offensive in any other way. This shall be determined by us in our sole discretion;

f. You hereby acknowledge in an explicit manner that you can not and will not bring any legal action against the Site or any of its employees, officers or agents for any damages of any kind as a consequence of your using the Site and the Service.



10. Your Warranties and Representations. By using the Service you thereby explicitly and affirmatively acknowledge, represent and warrant the truth and accuracy of each and all of the statements provided below:

a. You are not prohibited by law from using the Site and Service and you have the right, authority and full capacity to enter into this Agreement and to follow all of its Terms and Conditions as defined here and as amended at any time.

b. You know the laws in your locality that may influence your legal right to access sexually explicit adult-oriented material. You have the full legal right to access such material and content and the Site has the legal right to provide access to such materials to you in your jurisdiction;

c. You fully understand that through use of the Site you will be exposed to visual images, verbal descriptions, audio sounds and other content and/or products of a sexually oriented, openly erotic nature. These may include graphic visual depictions and descriptions of nudity and sexual activity. You are voluntarily choosing to access such material because you want to view, read and/or listen to the materials for your own personal entertainment, education and/or information;

d. Your choice to use the Site is an expression of your interest in sexual matters which you believe to be both healthy and normal. You believe such interest is generally shared among the adults of your community.

e. You are aware of the standards of conduct in your community regarding the acceptance of sexually oriented materials. You expect that the materials you intend to access through use of the Service are within such standards;

f. In your fair judgment, the average adult of your community accepts the usage and consumption of such materials by willing adults in circumstances such as the circumstances under which the Service is provided offering reasonable protection of minors and unwilling adults from such materials. Such average adult will not find such materials to appeal to an immoral interest or to be universally offensive.

g. It is your explicit wish to share and/or to invite other individuals to share your own personal and private behaviors and to recommend, comment, rate, criticize, and/or organize what you are exposed to by utilizing the Service while inviting other individuals to do the same.

h. You have not previously notified any authority and/or governmental agency including the U.S. Postal Service that you do not wish to receive sexually oriented material via any means or channels.

i. The Site offers access to an online service which is comprised of information and content created and published, uploaded, or streamed by you and other users of the Site (each referred to as a Contributor).

j. Videos and images on the Site available for viewing (collectively labeled as the Content) are stored on or streamed via our servers at the explicit request of our users.

k. Any and all modifications of the Content that is published or streamed by our users, e.g. addition of a watermark, is performed by an automated software process. The Contributor is aware that such modifications will normally take place automatically upon transmission of the materials. The Contributor shall be henceforth deemed the party responsible for such automatic modification and shall be considered the author of such automatically modified Content. The Site shall not be held responsible for modifications that occur to Content as part of such automatic transmission process.

l. Any reviewing of uploaded and/or streamed Content that may be performed by the Site before or after making such Content available to other users is cursory and is only intended to immediately detect visible violations of the present Agreement. Accordingly, and despite any such gate keeping, the Contributor uploading or streaming any Content shall be deemed the party at whose direction that Content is available to others through use of the Service.

m. The Site never encouraged and will never encourage its users to publish or stream Content that infringes upon any right belonging to any third party. Uploading or streaming Content that infringes on third party rights constitutes a direct and material breach of the present Agreement and will result in the account of the uploading or streaming Contributor’s being suspended and/or terminated as appropriate.

n. The Site shall always correctly presume that the Contributor uploading or streaming any Content is the sole party holding all exclusive rights to that Content, with an exception of when the Content alone bears obvious indication to the contrary, such as an obvious proprietary mark identifying a person or entity other than the Contributor as the holder of exclusive rights.

o. In the case that the Content has no obvious proprietary marking that indicates an exclusive owner, the Site cannot be deemed to have any actual knowledge that such Content actually infringes upon any rights of any third party.

p. Apart from identifying an obvious proprietary marking in any Content that indicates an exclusive owner of any intellectual property rights, the Site will have no other ability to determine whether the rights related to a particular piece of Content may belong to a party other than the uploading and/or streaming Contributor. The Site relies entirely on properly presented notifications from third parties claiming that their rights have been violated as the only reasonable way to identify Content that may possibly infringe upon any rights of a third party.

q. The Site shall be deemed as having no right or ability to control the activities of Contributors who create, publish, upload or stream Content via the Site. In such an event that a Contributor infringes upon a third party’s rights by creating, posting, uploading, or streaming any Content, such Contributor shall be the sole responsible party for the infringement. The Site shall be deemed as having had no control over that activity.



11. Notice of Intellectual Rights Infringement. The Site respects intellectual property of other individuals and parties. We ask our members and others to do the same. We voluntarily observe and comply with the United States Digital Millennium Copyright Act (DMCA). If you believe that your work has been copied in a way that constitutes copyright infringement and/or violation, or your intellectual property rights have been otherwise breached, please kindly provide the Service’s Designated Copyright Agent with the following information:

a. an electronic or physical signature of the person authorized to act on behalf of the copyright owner or holder of any other intellectual property interest;

b. written description of the copyrighted work or other intellectual property that you claim has been infringed;

c. a description of the location where the material that you claim is infringing is placed on a Site;

d. your physical address, telephone number, and email address;

e. a statement by you that you have a good faith belief that the use in dispute is not authorized by the copyright owner, its agent, or the law; and

f. a written statement by you made under penalty of prosecution that the above information in your Notice is accurate and that you are the copyright or intellectual property owner, or you are authorized to act on the copyright or intellectual property owner’s behalf.



12. Please send your Notice of Claimed Infringement to: XXXXXXXXXXX
Please direct all other inquires or information to support@kinked.me instead.

18. Virtual Money. The Service can, but is not obliged to, include a virtual currency (further referred to as Virtual Money) including but not limited to coins, cash, tokens or points that may be bought from us for actual money if you are a rightful adult in your country of residence. No use of such Virtual Money is allowed other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Money in the Service. You have no other right and/or title in or to any such Virtual Money appearing or originating in the Service or any other attributes associated with use of the Site or stored within the Site.

We shall be the only party having the absolute right to manage, regulate, modify, control and eliminate such Virtual Money as we see appropriate at our sole discretion. We shall have no liability to any User for the application of such rights. Transfers of Virtual Money are explicitly prohibited, except where explicitly authorized within the Service. You cannot not sell any Virtual Money for actual money or otherwise exchange such items for any items of value.

Any attempt to do so shall be deemed as a violation of this Agreement and may result in a permanent ban from the Site with a possibility of further legal action. You agree that all sale transactions of Virtual Money are final and non-irrevocable. No refunds shall be given, except such at our sole and absolute discretion.
All Virtual Money is confiscated if your account is terminated or suspended for any reason, at our sole and absolute discretion, or in the case that we choose to discontinue providing the Service through the Site.

19. Tips. Kinked.me can but is not obliged to carry out tipping of Contributors through the Service. In connection with this, you hereby acknowledge and agree that:

a. Tipping is performed at your own choice and risk. Tipping is not required to enable usage of the Service.

b. Tipping can only be done with Virtual Money. Contributors are not allowed to solicit tips though any other means of payment different from Virtual Money.

c. Tips are a voluntary gratuity and shall not be given in exchange for any specific services. Promising a tip in exchange for performance of any act is strictly prohibited. Such conduct will immediately result in a permanent ban from the Service.

d. All tips are non-refundable. We shall not refund a tip with an exception of situations that are deemed by us at our sole and absolute discretion to be extraordinary in their nature.

e. Tipping does not influence, replace or alter our code of conduct. Giving or receiving tips in exchange for any conduct whether promised or actual in breach of this Agreement is strictly prohibited.



20. Periodically Kinked.me can offer Users an opportunity to engage in contests that will be organized through the Site. The general rules governing each and every contest are listed below. However, for the particular details of any running contest please refer to the rules page of the corresponding contest.

a. Contest Duration and Dates. Each and every contest will have an announced beginning date. End dates may be provided as soon as it becomes reasonable after determination. However, this is not be required. A contest will last for a period of time that starts on the posted beginning date and ends on the posted end date, if such date was posted.

b. Entry and Eligibility to Participate. Unless noted otherwise in the rules governing a particular contest, entry in the contest will be automatic for any Kinked.me user who currently has an account with the Site. All registered Kinked.me users will be eligible to participate in every contest, on condition that they comply with the present Terms and that such contest is not illegal in their jurisdiction. All contests will be void where prohibited and illegal. Users can opt out of any contest by submitting an email request to do so to support@kinked.me.

c. Contest Conduct. By taking part in any contest organized by Kinked.me, you express your agreement to comply with and be bound by our rules decisions all of which are final and binding in all possible respects. We hereby reserve the right at our sole discretion to dismiss any entrant in any contest who we deem to be: (i) tampering or attempting to do so with the entry process or the operation of the contest itself; (ii) violating the present Terms or any of the contest rules; (iii) acting in an offensive or disruptive manner or with the intent to abuse, threaten, annoy or harass any other individual. Any falsified information provided within the context of the contest by any participant concerning his/her identity, physical address, or non-compliance with any contest rule(s) can result in immediate disqualification of that participant. We hereby reserve the right to disqualify any entry that we believe at our sole discretion violates any third party right, is a breach of any law or is otherwise non-compliant with the present Terms and/or rule(s) of the contest.

d. Prizes and Awards. The rules of every contest will establish the prizes that will be given out. In such situation that there are several prizes offered for a contest but the number of eligible participants in that contest is insufficient, not all prizes will be awarded. If the winner is unable to accept his or her prize for any reason then Kinked.me reserves the right to not award the prize or to award the prize to another entrant at our sole discretion.

e. Claiming of Cash Prizes. In such event that cash prizes are to be awarded for a contest, no potential winner will be entitled to receive monetary payment, nor will Kinked.me be held liable for any such payment unless and until the total amount of such unclaimed funds related to your account is more than fifty U.S. Dollars ($50.00). Receiving cash prizes is carried out through completing a claim form which will include submission of the winner’s legal name, a copy of a photo ID issued by the government, a mailing address, birth date, a phone number, social security number and the choice of a preferred payment method. Kinked.me will process claim forms once a month; claimed cash prizes will be sent using each prizewinner’s chosen payment method. This will take place on or before the seventh (7th) day of the month directly following receipt of the processed claim form. Depending on the amount of prize winnings claimed potential winners can be required to sign, notarize and return an affidavit or declaration of eligibility, a liability release, an I.R.S. Form W-9. Also they may be asked to provide any additional information that may be required by Kinked.me. Inability to provide any information requested can result in disqualification from the contest and selection of a different winner.

f. No-Recourse Judicial and Other Procedures. To the extent allowed by applicable law, the rights to litigate, seek injunctive relief or to perform any other form of recourse to judicial or any other procedure in the situation of disputes or claims resulting from or related to any contest are hereby excluded and dismissed. You hereby waive any and all such rights.

g. General Contest Conditions. All contests are governed by the laws of the State of Florida. All federal, state and local laws and regulations apply. Your participation in any contest expresses your explicit agreement to be bound by all contest rules and by our decisions which are final and binding in their nature on all matters in regard to that contest. Kinked.me shall be not help responsible for any typographical or any other error in the management of any contest or in the announcement of any prizes and/or awards.



21. Information Monitoring. Kinked.me reserves the right, but is not obliged to, of monitoring any and all messages and chat communications that occur via the Site. We shall not be held responsible for any offensive or obscene material(s) which may be in any way sent or published by any and all users including unauthorized users and users gaining illegal access to the Site. As noted above, we are additionally not responsible, under any circumstances, for the use of any personal information that you send through the Site by any party.

22. Access Termination. Kinked.me may at our sole discretion cancel or suspend your access to all or part of the Service at any time either with prior notice or without such. This can be done for any reason including but not limited to violations of this Agreement. A reason is not required. Without limiting the generality of the conditions above, any fraudulent, offensive, or otherwise unlawful activity may be grounds for termination of your access to all or part of the Service at our sole discretion. Kinked.me reserves the right to report such activity to any and all appropriate law enforcement agencies and/or authorities.

23. Absence of Responsibility. We shall not be held responsible for any incidental, exemplary, consequential, punitive, direct or indirect damage(s) of any kind whatsoever which may arise out of or be related to your usage of the Service. This includes but is not limited to lost revenues, profits, business or data, damages resulted from any viruses, worms, Trojan horses, spyware or other harmful software or content, or communications by you or other users of the Service, or any interruption of the Service, regardless of the reason of the interruption. Any claim against Kinked.me shall be limited to the amount you paid for use of the Service during the previous twelve (12) months, if such is applicable. We reserve the right to discontinue or alter the Service and/or its availability to you and other users at any time. You can cease using the Service at any time. See below for details on cancellation.

24. Proprietary Information. The Site contains or may contain information that is proprietary to Dotcum.ne and/or users of the Site. We exercise full copyright protection in the Service including all of the design and code represented therein. Any information shared or published by us or users of the Site may be protected regardless of whether it is explicitly identified as proprietary to us or to the user. You hereby agree not to alter, copy or distribute any such information in any manner without having prior permission of the owner(s) of such information.

25. Data Security. Your account at Kinked.me is private and no other individuals should have access to it. You are the one responsible for all usage and/or activity on the Site by individuals using your access credentials (login and password). This includes but is not limited to use of your login and password by any third party.

26. External Links. The Site may contain links to other sites and resources. Such links shall be referred to as External Links. Kinked.me shall never be held responsible for and have no liability as a result of the availability of any and all External Links and/or their contents.

27. No Warranty Policy. The Site is made available and distributed on an “as is” and “as available” basis only. Under no circumstances will we warrant that the Service will be uninterrupted or error-free. Delays, omissions, and interruptions in the availability of the Service may occur.

IF AND WHERE PERMITTED BY LAW, YOU HEREBY INDICATE YOUR UNDERSTANDING THAT THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED. THIS INCLUDES BUT IS NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SITE DOES NOT ESTABLISH ANY WARRANTY AS TO THE RESULTS AND/OR CONTENT THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR AS TO THE ACCURACY AND/OR RELIABILITY OF ANY INFORMATION RECEIVED THROUGH THE SERVICES, OR THAT ERRORS IN ANY SOFTWARE, HARDWARE OR THE SERVICES WILL BE CORRECTED. YOU INDICATE THAT YOU UNDERSTAND AND AGREE THAT ANY USE OF ANY CONTENT AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED BY YOU THROUGH THE USE OF THE SITE IS EXERCISED AT YOUR OWN DISCRETION AND RISK. YOU UNDERSTAND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, SOFTWARE AND/OR HARDWARE SYSTEM OR LOSS OF ANY DATA THAT RESULTS FROM OBTAINING OF SUCH MATERIAL AND/OR DATA FROM THE SITE.

Kinked.me does not represent and/or endorse accuracy or reliability of any statement, advice, opinion or any other information displayed, published or transmitted through the Site or by any user of the Site or any other person or entity. You hereby explicitly acknowledge that relying upon any such information shall be exercised at your sole risk only.

28. Disclosure and Other Communications. Kinked.me hereby reserves the right to send emails to you with the purpose of informing you of any occuring changes or additions to the Site or of any related products and services offered by the Site or its affiliated entities. We also reserve the right to disclose and reveal information about your usage of the Site and demographics in forms that do not disclose your personal identity to other parties. Refer to the Privacy Policy section for more details on such disclosure.

29. Changes. We reserve the right to modify the present User Agreement from time to time. Notification of any changes of this Agreement will be published on the Site and/or emailed to you. Kinked.me will determine this at our sole discretion. In a case that you do not agree to any changes made in the Agreement, you should cease your use of the Service immediately. Your continued use of the Site, be it now or after any changes in the Agreement are made, will be treated as a binding acceptance of this Agreement and any subsequent modifications by you.

30. Complaints. To report and resolve a complaint in regard to the Service or other members who use the Site, please send an email with all details of such complaint to support@kinked.me. When appropriate, we commit to take immediate action in order to help solve the problem indicated.

31. User Registration. You can become a member of the Site by filling in an online registration form which must later be accepted by the Site. After the form is submitted, the Site or its authorized agent(s) will process the submitted application. In regards to the filling in of the online form, you hereby agree to:

a. provide true, up-to-date, accurate and complete information about yourself as asked in the registration form (all such information later referred to as “Registration Data”); and

b. maintain and update the Registration Data to keep it true, accurate, up-to-date and complete at all times while you keep being a member of the Site, upon and after any occurring changes.



32. You are required to promptly inform the Site of any and all changes to the Registration Data including but not limited to changes in your physical address and changes in your credit card information that you used in connection with payment processing for the Service. In case you provide any information which is untrue, inaccurate, obsolete and/or incomplete or the Site or any of its authorized agent(s) have reasonable grounds to believe and/or suspect that such information is untrue, inaccurate, obsolete or incomplete, the Site reserves the right to terminate or suspend your account with the Site and cancel your current or future use of the Service and Site. Further subjection to criminal and civil liability may ensue. You are the one solely responsible for dishonored checks, chargebacks and/or credits to your credit card and any fees related to these that we incur in connection to your account.

33. Member Credentials, Account and Password. A part of the registration process is issuing a unique user name and password to you. These you must provide in order to get access to the non-public, member-only sections of the Service. You acknowledge that when prompted to choose a user name you are not allowed to choose a name which misrepresents you as another individual, or a name which may otherwise be in any violation of the rights of a third party. Kinked.me reserves the right to disallow the use of any user names that we at our sole discretion regard as inappropriate. We also reserve the right to cancel memberships of any members who use their selected user name in violation of the present Terms and Conditions or in any other way we at our sole discretion deem inappropriate, at any time. Your membership with the Site, the user name and password are non-transferable and non-assignable private data.

You represent and guarantee that you will not disclose your unique user name or password to other parties and/or individuals, and that you will not provide access to the Site to any minor or is in any other way not allowed to view the content of the Site or may not wish to do so. You are the one solely responsible for preserving the confidentiality of your user name and password. You are fully responsible for all activity that occurs under your user name and password on the Site. Kinked.me will not reveal your password as part of our security policy.

You agree to the following:
You will immediately notify the Site of any unauthorized use of your user name or password or any other breach of security, whether actual or possible.
You will ensure that you log out from your account at the end of each session to prevent unauthorized access.
You also agree that you are the only person and party solely liable for any unauthorized use of the Site via your account – until you notify the Site administration by email of such unauthorized use.
Unauthorized access to the Site is illegal and constitutes a violation of this Agreement. You hereby agree to indemnify the Site in connection to all activities carried out through your account with the Site.
You are allowed to gain access to your billing records upon a prior reasonable request.

34. Site and Service Promotion. Registered members of the Site can be eligible to participate in our affiliate program and have an opportunity to earn commissions based on the number and quality of registered users they referred to the Site.

a. Promotional Item Licensing. All registered members who currently comply with the terms of this Agreement are hereby granted a revocable, non-exclusive, non-transferable license to use the Site’s name, view and download promotional graphical banners, videos, images and other promotional materials. Also, such members can use custom promotional materials, on condition that such materials are approved by Kinked.me in writing (all such materials henceforth referred to as“Promotional Items”). Such materials are meant for use on site(s) owned by these registered members (such sites will be referred to as “Referral Sites”). The Promotional Items are licensed to valid registered members for the sole limited purposes of advertising, marketing and promoting the Site. Any and all licenses granted to valid members in connection to this Agreement shall immediately cease and revert to us upon termination or cancellation of this Agreement, e.g. in case of account closing. You hereby explicitly agree not to share any of the Promotional Items with any other parties in any way which does not comply with the terms of this Agreement and all applicable laws. You also hereby acknowledge and agree that all rights to all Promotional Items belong solely to Kinked.me and/or Kinked.me’s licensor(s). You also further acknowledge and agree that any Promotional Item(s) created by you and approved by Kinked.me are specially ordered and commissioned work made for hire as defined in the meaning of the 1976 Copyright Act.

b. Keywords and Domain Names. In connection with the foregoing license to use the names of the Site while referring traffic to the Site you are not allowed to (i) bid on, buy or otherwise register/use/obtain Kinked.me and/or any other domain names with similar spelling, or do the same in connection with words “Official,” “Officially” or “Official Site” as keywords and/or advertising words on any online search engines, including but not limited to google.com, yahoo.com, msn.com, bing.com, ask.com; use Site Names in association with any similar and/or competing website; or (ii) register any domain name which contains or is a misspelling of Kinked.me.

You hereby explicitly agree that if you violate any part of this section of the User Agreement, your account will be immediately terminated, any funds earned but not yet paid out will be forfeited. In such event you also agree to fully cooperate in transferring any items forbidden by this section to Kinked.me as the sole rightful owner. Eligible registered members are be permitted to use any website domain name they choose in connection with promoting the Site and Service subject to the limitations given above. Such domain name(s) registered can not infringe on our or any third party’s intellectual property rights, or defame, insult or otherwise annoy and harass anyone, and do not promote and/or suggest any unlawful activity.

c. Restrictions. You are not allowed to use any images, text, script(s), applications, logotypes and functional elements appearing on a Referral Site to which you do not have full legal rights, free from any and all encumbrances/third party claims. You hereby represent and warrant that you will only advertise the Site on services and providers which explicitly permit advertisement of sites such as Kinked.me. You understand and agree that if you advertise on any service or provider which do not permit such advertising your account with the Site will be terminated without prior notice and without payouts.

d. Email Marketing Forbidden. We do not allow promotion of the Site by means of email marketing. You hereby acknowledge and agree that any email marketing activities carried out by you will be deemed sufficient grounds for immediate termination of your account and forfeiture of any earned commissions.

e. Affiliate Commissions. Kinked.me will compensate eligible members, as defined by the terms of this Agreement in all possible respects, a commission for each user referred by such members who create a valid account with Kinked.me. The amount of commission will be dependent upon the country in which the referred user resides, as described in more detail below. A commission of one U.S. Dollar (US$1.00) will be paid for referred members from any Tier 1 country, ten U.S. Cents (US$0.10) will be paid for referred members from any Tier 2 country, and one U.S. Cent (US$0.01) will be paid for referred members from any Tier 3 country. We hereby reserve the right to modify these amounts at any time without prior or further notice to you. No commission is paid for referred users residing in countries not contained in Tier 1, Tier 2, or Tier 3 below.

f. Countries and Tiers. The countries listed below have been assigned to the tiers in the following manner:

Tier 1 countries: Netherlands Antilles Austria Australia Belgium Canada Switzerland Germany Denmark Finland Falkland Islands (Malvinas) Faroe Islands France United Kingdom Guernsey Gibraltar Greenland Ireland Iceland Jersey Japan Liechtenstein Luxembourg Netherlands Norway Qatar Sweden Singapore San Marino United States Minor Outlying Islands United States United States Virgin Islands

Tier 2 countries: United Arab Emirates Aruba Brunei Darussalam Brazil the Bahamas Cyprus Spain Equatorial Guinea Greece Hong Kong Israel Isle of Man Italy South Korea Kuwait Cayman Islands Macau Macao New Zealand French Polynesia Puerto Rico Portugal Slovenia British Virgin Islands

Tier 3 countries: Antigua and Barbuda Anguilla Barbados Bahrain Cook Islands Chile Czech Republic Estonia Guam Croatia Hungary Saint Kitts and Nevis Lebanon Lithuania Latvia Northern Mariana Islands Malta Mexico New Caledonia Oman Poland Russia Saudi Arabia Seychelles Slovakia Turkey Trinidad and Tobago Taiwan Uruguay Venezuela

Kinked.me reserves the right to alter the countries belonging to any and each tier at any time without prior or further notice to you. It is your obligation to check with the tier list from time to time.

g. Payouts. Periods for valid members to earn commissions run from the 1st through the 15th and the 16th through the 31st days of each month. Commission payments will be made to valid members 7 (seven) days after each period is finished. Kinked.me will be liable for any and all commissions earned by you only if the total amount of funds accumulated in your account exceeds 50 (fifty) U.S. Dollars. If you wish to receive cash commissions you will be asked to complete a one-time claim form which will include your legal name, a copy of your government-issued photo ID, physical address, birth date, telephone number, social security number and your choice of a preferred payment method. Depending on the amount of commissions accumulated, you may also be required to sign, notarize, and return an affidavit or declaration of eligibility, a liability release, an I.R.S. Form W-9 and/or provide any additional information that may be required by Kinked.me. Your inability to provide any requested information may result in forfeiture of any unpaid commissions.

h. Disclaimer of Agency. No part of this Agreement is intended by you or Kinked.me to constitute a joint venture and/or collaboration between you and Kinked.me. You hereby explicitly acknowledge that you are in no way an agent, employee or a person in a similarly established employment-like relationship. You further acknowledge that you have no authority to act on Kinked.me’s behalf in any situations or bind Kinked.me to any debt and/or agreement.

i. Illegal Referrals. You hereby acknowledge and affirm that you will not be entitled to any commission from Kinked.me for any referral if Kinked.me established or believes at its sole discretion that such referral was acquired as the result of any possibly fraudulent and/or illegal activity or any violation of the present Agreement.



35. Payment Processing Errors. If you have evidence to believe that you have been billed in mistake, please notify us immediately. A notification has to be sent within 30 (thirty) days after such billing error. After that, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer. You agree to release us from all liabilities and claims of loss resulting from any error not reported to us within 30 (thirty) days of its occurrence.

36. Severability. If any term, clause or provision of the present Agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not alter the validity or operation of any other term, clause or provision. Such invalid term, clause or provision shall be deemed to be explicitly severed from this Agreement.

37. Jurisdictions and Disputes. This Agreement and all issues and matters arising out of or otherwise related to these Terms and Conditions shall be governed by the laws in effect in the State of Florida without any regard to its conflict of law provisions. You and Kinked.me hereby submit to the personal jurisdiction of the state and federal courts of the State of Florida for settling of any and all disputes. You and Kinked.me hereby agree that exclusive venue for any litigation under this Agreement shall be with the state and federal courts located in Miami-Dade County, Florida.

38. User Cancellation. You can cancel your membership at any time by visiting our cancellation page. You hereby agree to be held personally liable for any and all charges associated with your account until you terminate your membership as described herein. Upon our processing of your membership cancellation request you will no longer have access to member-only sections of the Site. In the event that you cancel your account, no payment refund will be granted, no funds will be credited to your account or will be converted to cash or other form of compensation.

39. Termination By the Site. Without any limit on other remedies, Kinked.me can immediately issue a warning, or temporarily or indefinitely suspend or terminate your access and use of the Site and refuse to provide our services to you at any time, with or without advance notice. This shall occur in the following cases: (a) if we believe that you have violated any of these Terms and Conditions; (b) if we are unable to verify and/or authenticate any information you provided; (c) if we believe that your actions may cause legal liability for you, our users or us; (d) if the Site decides to cease its operations or to otherwise shut down any of the Site or parts thereof. Furthermore, you agree that neither the Site nor any third party acting on our behalf shall be liable to you for any cancellation of your membership and/or access to the Service. You agree that if your account is terminated by the Site, you will only attempt to re-register as a member once a prior written consent from Kinked.me is obtained.

40. After Termination or Cancellation. You hereby accept that after you cancel your membership with the Site, you will be automatically deleted from the Service. You will not be able to access your account on the Service after that. You also explicitly agree and accept that after cancellation of your account, your account details, any mail and all other membership materials will be immediately removied from the Site and Service, and that such information will be irretrievable.

41. Indemnification. You hereby explicitly agree to defend, indemnify hold Kinked.me and its affiliates, successors, assigns, employees, officers, agents, directors, shareholders and attorneys harmless from and against any and all claims and liabilities, including reasonable attorneys’ and experts’ fees, related to and/or arising from:

a) any violation of the present Agreement;

b) your use or misuse of the Service, Site and/or any Promotional Materials;

c) any item(s) or service(s) sold and/or advertised in connection with your Referral Sites, if any;

d) all conduct and activities carried out using your account and/or Referral Sites, if any;

e) any defamatory, libelous or unlawful material(s) contained within your user content or your information and data;

f) third-party access or use of any Promotional Materials provided to you;

g) any claim related to your website(s);

h) any claim that any of your Referral Sites, if any, contain information, data or other materials which infringe any third party patent, copyright, trademark or other intellectual property rights or violate any third party rights of privacy or publicity;

i) any costs incurred on your behalf resulting from your failure and/or inability to comply with local or Federal United States Law; and/or

j) any other breach of this Agreement.