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Privacy Policy and Terms of Use

Our Privacy Standards

At Kinky Phone Fun, we understand your privacy needs and we take it seriously. Unlike other companies, we follow strict standards to ensure that our clients remain anonymous. We don’t keep physical notes on your sessions, and we never store your credit card information. We don’t share information between operators or third parties unless we have your written request to do so.

Anonymity

Total privacy is one of the many advantages of using Kinky Phone Fun. The operator you speak with is not part of your community. You don’t have to worry about meeting her on the street, at a store, or at a party. Talking to someone by phone ensures your face is never seen. Nobody you know will ever learn that you are using Kinky Phone Fun, unless you tell them, and your relationship with our operators will always be completely professional.

Last Updated April 1, 2014

Kinky Phone Fun, and each of their respective subsidiary, parent and affiliated companies (such as SK Phone Quote are collectively referred to herein as “Kinky Phone Fun” for ease of use while reading this policy) is deemed to operate this website (the “website”). Kinky Phone Fun (“we” or “us”) recognizes that you care how information about you is used and shared. We have created this privacy policy to inform you what information we collect on the website, how we use your information and the choices you have about the way your information is collected and used. Please read this privacy policy carefully. Your use of the website indicates that you have read and accepted our privacy practices, as outlined in this privacy policy. In addition, please read our terms of use below which also govern your use of this website. Please be advised that the practices described in this privacy policy apply to information gathered by us or our subsidiaries, affiliates or agents: (i) through this website, (ii) where applicable, through our customer service department in connection with this website, (iii) through information provided to us, and (iv) through information provided to us in conjunction with marketing promotions and sweepstakes.

We reserve the right, in our sole discretion, to modify, update, add to, discontinue, remove or otherwise change any portion of this privacy policy, in whole or in part, at any time. When we amend this privacy policy, we will revise the “last updated” date located at the top of this privacy policy. For changes to this privacy policy that we consider to be material, we will place a notice on the website by revising the link on the home page to read substantially as “updated privacy policy” for a reasonable amount of time which may be up to sixty (60) days. If you provide information to us or access or use the website in any way after this privacy policy has been changed, you will be deemed to have unconditionally consented and agreed to such changes. The most current version of this privacy policy will be available on the website and will supersede all previous versions of this privacy policy.

If you have any questions regarding this privacy policy, you should contact our customer service department by email at kinkyphonefun@gmail.com.

what information about me is collected and stored?

Personally Identifiable Information: personally identifiable information (“pii”) is information that identifies you or could reasonably be used to identify you personally (such as your real name, address, phone number or email address). For example, in the future if website membership is an option and if you create an account with us, your account information is stored on this website’s server. We may also ask you to provide us with certain pii in connection with the use of this website, in connection with the services provided by our customer service department, in connection with a brick and mortar transaction (except where prohibited by law) or in connection with an off-line promotion or sweepstakes. For example, we may ask you to provide certain pii when you register with us, place an order on this website (or CCBILL), choose to sign up for an email newsletter, or participate in a promotional event. This information is used to provide the products and services that you have ordered or requested, to process and ship orders, to send order and shipping confirmations and to provide customer service. This information also may be used to contact you about sales, special offers and new website features, unless you have opted not to receive promotional communications in connection with this website. We may also ask you to provide us with demographic information, information regarding your interests or similar information. Providing us with information about yourself is voluntary, and you can always choose not to provide certain information, but then you may not be able to take advantage of or participate in some of the website’s features if we choose to have such features in the future.

In addition, you may have the opportunity to provide us with the pii, such as name or e-mail address of a friend, such as when you choose the email addresses you supply us for those activities will not be retained for other purposes unless otherwise disclosed at the time you provide such information. We encourage you to send such items only to recipients who are your friends or family or persons with whom you have a relationship so that it doesn’t seem like we are “spamming” them.

Non-personally Identifiable Information: when your computer contacts our web servers (for example, when you visit this website, or view an html e-mail), our web servers automatically collect website usage information. Website usage information is non-identifying information that describes how our visitors use and navigate our website. It can include the number and frequency of visitors to each webpage and the length of their stays, browser type, referrer data that identifies the web page visited prior and subsequent to visiting our website, and ip addresses (see below for more information on ip addresses). We also may determine the applicable technology available in order to serve you the most appropriate version of a web page, e-mail or similar service. This information is used to analyze and improve this website and to provide our customers with a fulfilling experience.

Use of web beacons: our web pages or e-mail messages may contain a small graphic image called a web beacon, which is sometimes also called a “clear gif”, that allows us to monitor and collect certain limited information about our users, such as the type of browser requesting the web beacon, the ip address of the computer that the web beacon is sent to and the time the web beacon was viewed. Web beacons can be very small or invisible to the user, but, in general, any electronic image viewed as part of a web page or e-mail, including html based content, can act as a web beacon. We may use web beacons to count visitors to our web pages or to monitor how our users navigate our website, and we may include web beacons in e-mail messages in order to count how many messages we sent were actually opened or acted upon. We use web beacons to compile aggregate statistics about our website and our marketing campaigns.

Use of ip addresses: an ip address is a number that is assigned to your computer or network when you are linked to the internet. When you request pages from this website, our servers log your ip address. We may use ip address for a number of purposes, such as system administration, to report aggregate information to our business partners or to audit the use of the website. We may associate your ip address with the pii you provide.

Kinky Phone Fun’s use and disclosure of collected information

Use by Kinky Phone Fun: we may use your pii to provide you with requested information, services or content, to contact you in connection with a promotion, or for other purposes disclosed when you provide the information. We may also contact you from time to time on behalf of one of our affiliated companies or an external business partner with information that may be of interest to you. We may also contact you regarding any problems or questions we have relating to your use of our website, or, in our discretion, notify you of changes to our privacy policy, terms of use or other policy or terms that affect you and your use of our website. We may also use information about our users, including pii, for internal purposes.

With whom does Kinky Phone Fun share information?

No one, with the exception of CCBILL-our billing department.

Third parties providing services on our behalf: we may engage third parties to perform services in connection with the operation of our business. Examples of these services include: (a) payment processing and authorization, (b) fraud protection and credit risk reduction, (c) product customization, (d) order fulfillment, (e) shipping, (f) marketing and promotional material distribution, (g) website evaluation, (h) data collection, storage, management, analysis and, where applicable, cleansing, and (i) any other services designed to assist us in maximizing our business potential. these third parties may have access to this website’s user information, including pii, to the extent it is needed to perform their duties and functions.

Kinky Phone Fun’s security: we may release information about our users, including pii, when legally required to do so, at the request of governmental authorities conducting an investigation, or to verify or enforce compliance with the policies governing our website and applicable laws. We may also disclose such user information whenever we believe disclosure is necessary to protect the rights, property or safety of Kinky Phone Fun, or any of our respective affiliates, or business partners. For example during a lawsuit.

Aggregate information: we may disclose non-identifying, aggregated user statistics to third parties for a variety of purposes, including describing our services to prospective partners and other third parties. examples of such non-personal information include the number of users who visited this website during a specific time period or purchased a specific product through this website.

Promotions: if you choose to enter a contest, sweepstakes or promotion, your pii may be disclosed to third parties (the operator you choose to spend time with-only your name and maybe the content you prefer to discuss) in connection with such promotion, including without limitation for purposes of posting your entry with attribution or otherwise as permitted in the official rules for the promotion in question, fulfilling your prize or including your name on an internally kept/unshared winners list. Also, by entering a promotion, we may require you to consent to the use of your pii or other information, such as name, voice or likeness, in advertising, promotional and marketing materials. In addition, we may offer certain promotional content, such as a sweepstakes, sponsored by or co-branded with a third party, who may obtain the pii that you submit.

Corporate change: in addition, we reserve the right to disclose, share and/or otherwise transfer user information, including without limitation pii, in connection with a corporate merger, acquisition, consolidation, the sale of a portion of our business or the sale of substantially all of Kinky Phone Fun’s assets, or other fundamental corporate change, whatever form it may take. You will be notified via e-mail or prominent notice on our website prior to a change of ownership or control of your personal information, if your personal information will be used contrary to this policy. For clarification and the removal of doubt, Kinky Phone Fun specifically reserves the right to transfer or share a copy of personally identifiable information collected pursuant to this privacy policy from this web site, off-line or otherwise, to the buyer of that portion of its business relating to that information.

What steps are taken to keep personal information secure?

We use various security measures, including secure socket layer (ssl) encryption technology, to protect personal information that we collect. If you place an order through the CCBILL website, you will be asked to set up an account and provide an email address and password and other information to complete the transaction. 100% PCI compliant. You must provide an appropriate email address and password in order to access account information. In order to help protect your personal information further, you should be careful about providing your password to others. If you wish to cancel a password, or if you become aware of any loss, theft or unauthorized use of a password, please contact CCBILL’s customer service department/support department https://support.ccbill.com/.

We strive to ensure the security of your pii on our systems, including limiting access to the pii contained on our servers. Unfortunately, no security measures are perfect or impenetrable and data transmission over the internet can be guaranteed to be 100% secure. We cannot and do not ensure or warrant the security of any information you transmit to Kinky Phone Fun and you do so at your own risk.

Community Features

As a convenience to its visitors, Kinky Phone Fun provides or may provide, at its sole discretion, one or more chat areas, message boards, e-mail functions, messaging services, file communities, polls, surveys, and other services (collectively, the “community features”). Community features are provided by Kinky Phone Fun to you and others subject to the terms of use, and the “community guidelines” set forth below. the user who posts content in the community features (“community content”) is responsible for the reliability, accuracy and truthfulness of such community content, and Kinky Phone Fun has no control over same. Additionally, Kinky Phone Fun has no control over whether any such posted material is of a nature that users will find offensive, distasteful or otherwise unacceptable and expressly disclaims any responsibility for such material.

Please review our restrictions on use and guidelines for community features in our terms of use below. In addition, please note that this privacy policy does not apply to any information you may disclose publicly in any community feature. You should keep in mind that whenever you publicly disclose information about yourself online, that information could be collected and used by people that you do not know. In addition, certain community features may display ip addresses and possibly pii along with the message poster’s name and message. Kinky Phone Fun bears no responsibility for any action or policies of any third parties who collect any information users may disclose in community features or other public areas, if any, of this website.

In consideration for your use of the website’s community features and functionality, you agree to (i) comply with the “community guide lines” set forth below. users who violate the community guidelines, may, at Kinky Phone Fun’s sole discretion, be permanently banned from using the website.

Community Guidelines:

Entering any community feature will constitute acceptance of the community guidelines. If you do not agree to abide by the community guidelines, please do not enter any community features.

You are entirely responsible and liable for all activities conducted by you within the community features, including the transmission, posting, or other provision of community content to any portion of the community features. listed below are some, though not all, violations that may result in Kinky Phone Fun terminating or suspending your access to community features on a temporary or permanent basis, as determined by Kinky Phone Fun in its sole discretion (“community guidelines”). you agree not to do any of the following actions while using any of the community features:

violate these community guidelines or abuse the community purpose of the chat areas.
participate in any part of the website if you are under the age of 18.
use slanderous, abusive, violent, threatening and harassing language of any kind.
impersonate other users.
attack (flame or “cyberbully”) individuals, companies or products, although you are otherwise welcome to offer your opinions or comments on the subject at hand.
post topics on message boards, on the website or within any of the community features that are unrelated to the subject of the website.
advertise or promote other companies or urls.
share pii with others on the website.
include advertising in communications.
post material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Kinky Phone Fun all of the license rights granted herein.
include advanced fonts, java, tables, html, or other programming codes or commands in messages.
distribute or otherwise publish any community content containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. you also hereby acknowledge that you are prohibited from soliciting other guests to join or become members of any commercial online service or other organization.
collect or harvest the information of any user or otherwise access the website using automated means (including but not limited to harvesting bots, robots, spiders or scrapers).

Information disclosed in community features is by design revealed to the public. The website is not responsible for any information you choose to disclose to others. The website reserves the right, but not the obligation, to remove any posts for any reason. Kinky Phone Fun does not endorse the community content in the community features and specifically disclaims any responsibility or liability to any person or entity (including, without limitation, persons who may use or rely on such material) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any community content provided through a community feature. By posting or uploading community content to any community feature or submitting any other community content to Kinky Phone Fun, you automatically grant (or warrant that the owner of such rights has expressly granted) Kinky Phone Fun a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sub license, create derivative works from and distribute such materials or incorporate such community content into any form, medium, or technology now known hereafter devised throughout the universe in perpetuity. In addition, you warrant that the content as uploaded or posted by you does not violate any person’s so-called “moral rights” or other similar or analogous rights under any applicable laws in any country or region of the world.

You understand that the uploading to and/or posting of any community content in any community feature shall not be subject to any obligation of confidence on the part of Kinky Phone Fun, and Kinky Phone Fun shall not be liable for any use or disclosure of any community content. Without limitation of the foregoing, Kinky Phone Fun shall exclusively own all now known or hereafter existing rights to the community content of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the community content in any and all media, now known or hereafter devised, throughout the universe, in perpetuity for any purpose whatsoever, commercial or otherwise, without compensation or credit to the provider, author or owner of the community content.

You agree to indemnify Kinky Phone Fun for any and all third party claims, damages, losses, and causes of action arising as a result of your posting or uploading any community content to any community feature or submitting any community content to Kinky Phone Fun, or your failure to comply with the community guidelines. Kinky Phone Fun does not and cannot review every message posted by users on the website, and is not responsible for the content of these messages or the views or opinions expressed by the users of the website. Kinky Phone Fun reserves the right to, but is not obligated to, delete, move or edit community content, in whole or in part, submitted by you to the website and/or Kinky Phone Fun for any reason. in no event does Kinky Phone Fun assume any obligation to monitor the community features or remove any specific material.

Copyright notice

If you are a copyright owner and believe that any community content appearing on the website or in any community feature has been copied in a way that infringes upon your copyrights, you may submit a notification to Kinky Phone Fun pursuant to the digital millennium copyright act (“dmca”) by providing the following information in writing (see 17 u.s.c. 512(c)(3) for further detail) to the copyright agent named below:

your name, address, telephone number, and email address;
a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
the exact url or a description reasonably sufficient to permit Kinky Phone Fun to locate where the alleged infringing material is located;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

copyright agent
Kinky Phone Fun & SK Phone Quote of San Diego, CA.

Upon receipt of the written notification as outlined above, Kinky Phone Fun will use good faith, reasonable efforts to remove the material that is alleged to be infringing and forward a copy of the written notification to the alleged infringer. The alleged infringer has the right to file a counter-notification by providing the designated agent with the following information: (1) a physical or electronic signature; (2) identification of the material that has been removed the location at which the material appeared before it was removed; (3) a statement under penalty of perjury that he/she has a good faith belief that the material was removed as a result of mistake or misidentification of the material to be removed; (4) his/her name, address, and telephone number, and a statement that he/she consents to the jurisdiction of federal district court for the judicial district in which the address is located, or if his/her address is outside of the united states, for any judicial district in which the service provider may be found, and that he/she will accept service of process from the person who provided notification under subsection (c)(1)(c) or an agent of such person. by this filing, Kinky Phone Fun seeks to preserve any and all exemptions from liability that may be available under the dmca or otherwise, but does not necessarily stipulate that it is a service provider as defined in 17 usc ? 512c or elsewhere in the law.

How can I access, correct and update personal information?

Once the member area is set up, you can access, correct and update certain personal information that you have provided to us by clicking on “manage your account” within the help desk area of this website.

Your choices/Unsubscribe

You will have an opportunity to unsubscribe from receiving promotional material from this website by clicking on an “unsubscribe” hyperlink contained in promotional emails we send you. additionally you may email us at kinkyphonefun@gmail.com. Because customer lists often are prepared well in advance of an offering (sometimes a few months before the offer is made), you may continue to receive some offers after you send us a request not to use your information for specified marketing purposes. Please be aware that we will process your request as quickly as we reasonably can, but it may not be possible to update our systems immediately. We appreciate your patience and understanding in giving us time to carry out your request.

Even if you are removed from any such list, if you order online using CCBILL etc., an email confirming your order will be sent to you and we may need to contact you discretely by phone, email, or regular mail if we have questions about your order. In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups etc.

If you want to opt out of having your pii shared with third parties for marketing purposes, you must consistently opt-out at each of our websites where you register and whenever you provide pii to us. Please bear in mind that this opt-out choice for “third parties” will not apply to Kinky Phone Fun, Kinky Phone Fun licensees and/or co-branding participants, as set forth below. Please also keep in mind that any opt-out choices you make will not apply in situations where (a) you either have made, simultaneously make, or later make a specific request for information from us, or (b) Kinky Phone Fun uses your pii for either operational purposes (e.g. to complete transactions requested by you, or to send you administrative communications either about your account with us or about features of our websites, including any future changes to this privacy policy, the terms of use, or any other policy or terms that affect you and your use of our website) or fulfillment purposes (e.g. sharing with companies that facilitate communications and transactions with you).

Finally, if you do not exercise your opt-out choices upon registration or otherwise at the time the pii is provided, it may take some time to process your opt-out choices. Our systems require time to update, and promotional mailings using pii shared before your opt-out may already be in process. Thus, even after you have opted out of allowing us to share your pii, you might continue to receive promotional materials from third parties unless and until you duly register your opt-out request with each third party in question.

What happens when I link to or from another website?

Please be aware that when you are navigating our website or viewing an email or other content provided by Kinky Phone Fun, a subsidiary of SK Phone Quote, you may have the opportunity to click on links that take you outside of Kinky Phone Fun’s service to other websites or online content that are beyond Kinky Phone Fun’s control. If you “click” on the link to such a third party, the “click” takes you to a third party’s website or online content. We have no control over and are not responsible for the content of any third party websites to which you navigate. Please be advised that the practices described in this privacy policy do not apply to information gathered through these other websites. We encourage you to be aware of when you leave this website and to read the privacy policies of each and every website that you visit.

If you have accessed this website through a link from certain of our advertising or marketing partners, this website may include a frame of the applicable advertising or marketing partner. Nevertheless, the information you provide to us through these framed web pages is collected by us, and our use of this information is governed by this privacy policy.

What about online surveys?

We may from time to time conduct on-line surveys. When you complete an online survey, we may ask for certain information including your age, zip code, shopping habits, email and/or mailing address etc. this information will be treated in accordance with this privacy policy.

Collection in and transfer to the United States

This website is operated in the United States. If you are located in the European union, Canada or elsewhere outside of the United States, please be aware that any information you provide to us will be collected in or transferred to the United States. By using our website, participating in any of our services and/or providing us with your information, you consent to this transfer.

© 2014 Kinky Phone Fun, a subsidiary of SK Phone Quote all rights reserved.

Terms and Conditions

This website is operated by Kinky Phone Fun & company and each of their respective subsidiary, parent and affiliated companies (collectively referred to herein as “company” or “we”, “us”, or “our”). Your use of this website (the “website”) is subject to the following terms and conditions of use (the “terms”). Your use of the website constitutes your unconditional agreement to be bound by these terms. If you do not agree to be bound by these terms, you may not access or otherwise use the website. From time to time, company reserves the right, in its sole discretion, to modify, update, add to, discontinue, remove, revise and/or otherwise change any portion of these terms, in whole or in part, at any time. For changes to these terms that we consider to be material, we may place a notice on the website by revising the link on the homepage to read substantially as “updated terms of use” or something similar for a reasonable amount of time. If you provide information to us or access or use the website in any way after these terms have been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to all such changes. The most current version of these terms will be available on the website and will supersede all previous versions of these terms.

These terms, our privacy policy, any other terms and policies incorporated herein by reference (collectively, the “other policies”), constitute the entire agreement between you and company pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these terms shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall any such waiver constitute a continuing waiver unless otherwise expressly provided.

This website is offered and made available only to users eighteen (18) years of age or older and certain features on this website (including, but not limited to, user registration) may be subject to other eligibility requirements. If you are not yet 18 years old and/or do not meet any other eligibility requirements, please discontinue using the website immediately or, if for any reason, you do not agree with all of the terms and conditions contained in these terms, please discontinue using the website immediately, because by using or attempting to use the website, you certify that you are at least eighteen (18) years of age or other required greater age for certain features and meet any other eligibility requirements of the website.

The information and features included in this website have been compiled from a variety of sources, are for informational and entertainment purposes only and are subject to change at any time without notice. By accessing or linking to this website, you assume the risk that the information on this website may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.

Membership & Registration

Certain areas of the website may require registration or may otherwise ask you to provide information to participate in certain features or to access certain content. The website’s practices governing your personal information are disclosed in our privacy policy above. the decision to provide this information is purely voluntary and optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain features of the website. When you provide information to the website, you agree to provide only true, accurate, current and complete information.

If you register with the website, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the website using your name in whole or in part. Company may, in its sole discretion, and at any time, with or without notice, terminate your password and membership, for any reason or no reason at all.

Ownership of Content

This website and all of the content it contains, or may in the future contain, including but not limited to articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, copyrights, logos, domain names, trade names, service marks, patents and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the “material”) are owned by or licensed to company and/or other authorized third parties and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties. Unless expressly permitted in writing by company in advance, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part any of the material. Nothing contained in these terms or on the website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any material in any manner without the prior written approval of company or such third party that may own the material or intellectual property displayed on the website. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS STRICTLY PROHIBITED. Any use of the material other than as permitted by these terms will constitute a violation of these terms and may constitute copyright, trademark, and/or patent infringement. You agree not to use the material for any unlawful purposes, in any way not expressly permitted herein, and not to violate company’s rights or the rights of others. You agree not to interfere (or permit the use of your membership by a third party to interfere) with the normal processes or use of the website by other members, including without limitation by attempting to access administrative areas of the website. You agree to promptly report to us any violation and/or attempted violation of these terms by others that you become aware of. You are advised that company will aggressively enforce its rights to the fullest extent of the law. Company may add, change, discontinue, remove or suspend any of the material at any time, without notice and without liability.

User Forums

Forums, bulletin boards, chat rooms or other interactive areas that may be offered on the website (“user forums”) are provided to give users a forum to express their opinions and share their ideas and information. The individual who posts content in the user forums (“community content”) is responsible for the reliability, accuracy, and truthfulness of such content, and company has no control over the same. Additionally, company has no control over whether any such posted material is of a nature that users will find offensive, distasteful or otherwise unacceptable and expressly disclaims any responsibility for such material.

Company does not and cannot review every message posted by users in the user forums, and is not responsible for the content of these messages or the views or opinions expressed by the users of the user forums. Information disclosed in the user forums is by design revealed to the public. Company reserves the right, but is not obligated, to delete, move or edit content, in whole or in part, submitted by you to the website for any reason in company’s sole discretion. In addition, company may delete, move, edit or disclose the contents of messages when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend the rights and property of company or to protect the safety of our users or the public. In no event does company assume any obligation to monitor the user forums or remove any specific material.

Restrictions On Use

In consideration for your use of the user forums and functionality, you agree to comply with the “community guidelines” set forth in the privacy policy. Individuals who violate the community guidelines may, at company’s sole discretion, be permanently banned from using the website.

Disclaimers/Limitations on Liability

YOU UNDERSTAND AND AGREE THAT THIS WEBSITE AND ALL MATERIAL AND INTELLECTUAL PROPERTY CONTAINED ON IT ARE DISTRIBUTED “AS IS” “AS AVAILABLE” “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
YOU AGREE THAT COMPANY AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS, PARTNERS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE “RELEASED PARTIES”), ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING, RELATING TO AND/OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THIS WEBSITE, THE USER FORUMS, THE MATERIAL, OR ANY ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OR THE MATERIAL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THIS WEBSITE OR ITS RELATED INFORMATION OR PROGRAMS. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY U.S. DOLLARS ($50), IN THE AGGREGATE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MIGHT NOT APPLY TO YOU.
BY ACCESSING THIS WEBSITE, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Company makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on this website and/or the material. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by company. Views and opinions of users of this website do not necessarily state or reflect those of company. Users are responsible for seeking the advice of professionals, as appropriate, regarding the information, opinions, advice or content available at this website.

The internet may be subject to breaches of security. Company is not responsible for any resulting damage to any user’s computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that email submissions over the internet may not be secure, and you should consider this before e-mailing company any information. Company makes no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of this website. This website may be temporarily unavailable due to maintenance or malfunction of computer equipment.

Indemnification

BY USING THIS WEBSITE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES, ARISING OUT OF, IN CONNECTION WITH AND/OR RELATING TO: YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THESE TERMS OR ANY LAW; YOUR USE OF THIS WEBSITE AND/OR THE MATERIAL IN VIOLATION OF THESE TERMS; ALL OF YOUR SUBMISSIONS; INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND/OR COMPANY’S USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN COMPANY’S 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, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF COMPANY.

Submissions Policy

Company is pleased to hear from its users and welcomes your comments regarding company’s services and products. nevertheless, company’s long-standing company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested (see below). While we value your feedback on our services and products, we request that you be specific in your comments on those services and products, and that you not submit any creative ideas, suggestions, or materials. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by company’s or its affiliates’ professional staff might seem to others to be similar to their own creative work. Accordingly, we ask that you do not send us any original creative materials such as show designs, photographs, drawings, or original artwork.

If you at any time send, provide us with, or post certain specific submissions at our request (e.g., via message boards or in connection with sweepstakes, contests and/or other promotions) or if you at any time send us creative suggestions, ideas, notes, photographs, drawings, concepts, or any other information (each, a “submission” and collectively, the “submissions”) despite our request that you not send us any unsolicited submissions or other creative materials, the submission will be treated as non-confidential and non-proprietary in each instance. For purposes of this paragraph, all community content shall be deemed included in the definition of submissions. None of the submissions shall be subject to any obligation of confidence on the part of company, and company shall not be liable for any use or disclosure of any submissions. Any submission may be used by company without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast or posting, and you hereby irrevocably waive, release and give up any claim that any use of such submission violates any of your rights, including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights, or right to credit for the material or ideas. Company shall have and is irrevocably granted the right, but not the obligation, to reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, incorporate, create derivative works from, distribute and otherwise use the submission in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, without according you any compensation or credit. By submitting a submission to this website or company, you represent that such submission is original with you and does not conflict with, violate or infringe upon the rights of any third parties, including, without limitation, any intellectual property rights and rights of publicity and/or privacy. all submissions to the website and/or company shall be the sole property of company and will not be acknowledged or returned. You agree and understand that company is not obligated to use any submission you make to the website or company and you have no right to compel such use. you hereby acknowledge and agree that your relationship with company is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to company does not place company in a position that is any different from the position held by members of the general public with regard to your submission. You understand and acknowledge that company has wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by company’s own employees. Many ideas or stories may be competitive with, similar or identical to your submission in theme, idea, plot, format or other respects. You acknowledge and agree that you will not be entitled to any compensation as a result of company’s use of any such similar or identical material. Finally, you acknowledge that, with respect to any claim you may have relating to or arising out of a company’s actual or alleged exploitation or use of any material you submit to the website and/or company, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the production, distribution, exhibition or other exploitation of any production based on or allegedly based on the material, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

Linking Policy

If you link to this website, we require that you follow these guidelines.  The link to this website must not damage, dilute or tarnish the goodwill associated with any company names and/or intellectual property, nor may the link create the false appearance that your website and/or organization is sponsored, endorsed by, affiliated and/or associated with company. You may not “frame” this website or alter its intellectual property or material in any other way. You may not link to the website from a site that is unlawful, abusive, that promotes violence or illegal acts, that is libelous, defamatory, or inflammatory or is otherwise deemed inappropriate, as determined by company in its sole discretion. Company reserves the right, in its sole discretion, to terminate a link with any website for any reason or no reason at all, including without limitation any website that company deems to be inappropriate or inconsistent with or antithetical to this website and/or these terms.

Company is not responsible for the content or performance of any portion of the internet including other world wide websites to which this website may be linked or from which this website may be accessed. users are requested to inform company of any errors or inappropriate material found on websites to which this website is or may be linked.

Promotions

This website may contain sweepstakes, contests or other promotions that require you to send material or information about yourself. Please note that sweepstakes, contests or promotions offered via the website may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. by entering any such sweepstakes, contest or other promotion, you agree to comply with abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.

Location

Company operates this website in the united states. Information contained on this website may not be appropriate or available for use in other locations, and access to this website from territories where the content of the website may be illegal is prohibited. If you access this website form other locations, you do so on your own initiative and you are solely responsible for compliance with applicable local laws. These terms shall be construed and enforced in accordance with the laws of the united states, state of new york, (without regard to its conflicts of law principles that would cause the application of any other jurisdiction’s laws) and will specifically not be governed by the united nations conventions on contracts for the international sale of goods, if otherwise applicable. Any cause of action filed by you with respect to the terms and/or your use of this website must be filed in San Diego, CA within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise the cause shall be forever barred.  You hereby consent and submit to the exclusive personal jurisdiction and venue of the courts located in San Diego, CA for any cause of action relating to or arising under these terms or the website.

Violations and Additional Policies

Company will determine your compliance with these terms in its sole discretion and its decision shall be final and binding. Any violation of these terms may result in restrictions on your access to all or part of the website and may be referred to law enforcement authorities. No waiver of any of these terms shall be of any force or effect unless made in writing and signed by a duly authorized officer of company. Company reserves the right to modify or discontinue this website, or any portion thereof without notice to you or any third party. Upon termination of your membership or access to the website, or upon demand by company, you must destroy all materials obtained from this website and all related documentation and all copies and installations thereof. You are advised that company will aggressively enforce its rights to the fullest extent of the law.   Company, in its sole discretion, reserves the right to disqualify and terminate access or use of any individual found to be (i) tampering with the operation of the website; (ii) acting in violation of these terms; (iii) acting in an unethical or disruptive manner; or (iv) acting with intent to annoy, abuse, threaten or harass company its representatives or any other individual in any manner related to the website.

If any provision of these terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these terms, which will remain in full force and effect. The section titles in these terms are for your convenience only and do not have any legal or contractual effect.

Ability to Accept Terms

You affirm that you are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these terms, and to abide by and comply with these terms.


Contact Us

If you have any questions, comments or concerns about our website or these terms of use, you may contact us at kinkyphonefun@gmail.com