AllKink.com

TERMS OF ACCESS AND USE

The following are terms of a legal agreement (“Agreement”) between you and AllKink.com (“Web Site”). By accessing, browsing and/or otherwise using this Web Site, Allkink.com, (“Web Site”), you acknowledge that you have read, understood and agreed to be bound by these terms and conditions, and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. You must be 18 years of age or older to use this Web Site and to register as a member. If we discover or have any reason to suspect that you are not over 18 years of age, then we reserve our right to suspend or terminate your membership to this Web Site immediately and without notice.

If you do not agree to all of these terms and conditions, you may not access, browse and/or use this Web Site. The material provided on this Web Site is protected by law, including, but not limited to, United States copyright law and international treaties.

These terms of access apply to your access to and use of this Web Site and do not alter in any way the terms and conditions of any other agreement you may have with the Web Site for products, software, services or otherwise, unless otherwise directed by the Web Site. If you breach any of these terms and conditions, your authorization to use this Web Site automatically terminates and you must immediately destroy any downloaded or printed materials and discontinue use of any hyperlinks to this Web Site.

1. USE RESTRICTIONS

Copyright. All Web Site materials, including, without limitation, text, pictures, graphics and other files and the selection and arrangement thereof are copyrighted materials of the Web Site © 2013, ALL RIGHTS RESERVED, or by the original creator of the material. Permission is granted to display and use the materials on this Web Site for private personal entertainment, educational and noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You may not, however, distribute, copy, reproduce, display, republish, download, or transmit any material on this Web Site for commercial use without prior written approval of the Web Site. You may not “mirror” any material contained on this Web Site on any other server without prior written permission from the Web Site. Any unauthorized use of any material contained on this Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

Trademarks. The trademarks, service marks, trade names and logos (the “Trademarks”) used and displayed on this Web Site are registered and unregistered Trademarks of the Web Site. In addition, all page headers, custom graphics, icons and scripts are service marks, trademarks and/or trade dress of the Web Site, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Web Site. You acknowledge that the Trademarks used and displayed on this Web Site are and shall remain the sole property of the Web Site or the Trademark owner. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks in you. Further, nothing in this Web Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark used or displayed on the Web Site, without the express written permission of the Web Site or the Trademark owner. The misuse of the trademarks displayed on this Web Site, or any other Content on the Web Site, is strictly prohibited.

Hyperlinks. You are granted a limited, nonexclusive right to create a hypertext link to this Web Site provided that such link is to the entry page of this Web Site and does not portray the Web Site or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use framing techniques to enclose any Web Site trademark, logo or trade name or other proprietary information including the images found at the Web Site, the Content of any text or the layout/design of any page or any form contained on a page without the Web Site’s express written consent. Links to third party Web Sites on this Web Site are provided solely as convenience to you. If you use these links, you will leave this Web Site. The Web Site has not reviewed all of these third party Web Sites and does not control and is not responsible for any of these Web Sites, their Content or their policies, including, without limitation, privacy policies or lack thereof. The Web Site does not endorse or make any representations about third party Web Sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party Web Sites linked to this Web Site, you do so entirely at your own risk. You acknowledge and agree that the Web Site shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party Web Sites.

Limited Access. Except as otherwise expressly permitted by the Web Site, any access or attempt to access other areas of the Web Site computer system or other information contained on the system for any purposes is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the Web pages on the Web Site or the Content contained therein without the Web Site’s prior, express, and written permission. You will not spam or send unsolicited e-mail to any other user of the Web Site for any reason. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Web Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the Web Site’s infrastructure.

Additional Use Restrictions. You shall not post, transmit, e-mail, re-transmit or store material on or through any of the services provided by the Web Site (the “Services”) which, in the sole judgment of the Web Site: (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, "Persons") or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other unauthorized photos or software products that are not appropriately licensed for use by you. You shall be responsible for determining what laws or regulations are applicable to its use of the Services. In addition, you may only use the Services in a manner that, in the Web Site's sole judgment, is consistent with the purposes of such Services. If you are unsure of whether any contemplated use or action is permitted, please contact the Web Site at [email protected]. By way of example, and not limitation, the following uses described below of the Services are expressly prohibited:

1. upload, post, e-mail or otherwise transmit any information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (collectively, “Content”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, sexually intolerant or racially, ethnically or otherwise objectionable.
2. impersonate any person or entity, including, but not limited to, a Web Site official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
3. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
4. upload, post, e-mail or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements;
5. upload, post, e-mail or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
6. upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation;
7. upload, post, e-mail or otherwise transmit any material that contains software viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
8. disrupt the normal flow of user interaction, cause a screen to "scroll" faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
9. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
10. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
11. ‘stalk’ or otherwise harass another user of the Web Site or Web Site employee or official;
12. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" Web Sites; and
13. effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which you are not an intended recipient or logging into a server or account that you are not expressly authorized to access.

2. DISCLAIMER WARRANTY

This Web Site, including all software, functions, materials, and information is provided “as is” without warranties of any kind, either express or implied. The Web Site disclaims all warranties, express or implied, including, but not limited to, warranties of quiet enjoyment and non-infringement and implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, quiet enjoyment, merchantability of computer programs, data accuracy, system integration, and informational Content. The Web Site does not warrant or make any representations regarding the operation of this Web Site, the use, validity, accuracy or reliability of, or the results of the use of the materials on this Web Site or any other Web Sites linked to this Web Site. The materials of this Web Site may be out of date, and the Web Site makes no commitment to update the materials at this Web Site. The Web Site does not and cannot guarantee or warrant that the files available for downloading from this Web Site, if any, will be free from infection, viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. The Web Site does not warrant that this Web Site, software, materials, products, or services will be uninterrupted or error-free or that any defects in this Web Site, software, materials, products, or services will be corrected.

3. LIMITATION OF LIABILITY

In no event will the Web Site, its suppliers or other third parties mentioned at or in this Web Site be liable for any damages, including, without limitation direct, indirect, special, incidental, or consequential damages, damages resulting from lost profits, lost data or business interruption arising out of relating to the use, inability to use, or resulting from the use of this Web Site, any Web Sites linked to this Web Site, the materials, software or other information contained in any or all such Web Sites, whether based on warranty, contracts, statutes, regulations, tort (including but not limited to, negligence) or any other legal theory and whether or not advised of the possibility of such damages. If your use of the materials or information from this Web Site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof.

4. REVISIONS TO THIS AGREEMENT

The Web Site may revise this Agreement at any time without notice by updating this posting. By using this Web Site you agree to be bound by any such revisions and should therefore periodically visit this Web Site and page to determine the then current Terms of Access and Use conditions of use to which you are bound.

5. TRANSMISSIONS

Any idea you transmit to or post on this Web Site by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by the Web Site or its affiliates for any purpose whatsoever, including, but not limited to, developing and marketing products. You are prohibited from posting or transmitting to or from this Web Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, profane material or any other material, including but not limited to any material that could give rise to any civil or criminal liability under both domestic and international law.

6. YOUR WARRANTIES

You warrant to the Web Site that:

You are 18 years of age or older and all information and details provided by you to the Web Site (including on registration as a member) are true, accurate and up to date in all respects and at all times, and;

You are the sole owner of all rights in the materials posted or uploaded by you (including all related copyrights) or that you have the absolute right to license their use as provided in this section. While you will retain ownership of the copyright in the materials posted or uploaded by you, you agree that all materials posted or uploaded by you shall become part of a database, and that the Web Site will own the compilation copyright in that database. In addition, you hereby grant the Web Site a perpetual, worldwide, irrevocable license to use, reproduce, modify, publish, publicly perform, publically display and distribute such materials, and portions of such materials and any derivative works created from such materials, in print, electronic and other media, by any means now known or developed in the future. We may sublicense all of our rights and licenses or assign them to third parties. Neither the Web Site nor any third party using the materials in accordance with this section will be obligated to pay you any royalties or other compensation for use of the materials.

You will comply with these Terms of Access and Use including, without limitation, the USE RESTRICTIONS set out in Section 1 above;

You agree to indemnify and hold the Web Site harmless from any claim or damages (including any legal fees in relation to same) made by a third party in respect of any matter in relation to or arising from your use and/or membership arising from any breach or suspected breach of these Terms of Access and Use by you or your violation of any law or the rights of any third party.

7. ACTIONS WE MAY TAKE AT OUR SOLE DISCRETION

The Web Site may take any or all of the following actions at our sole discretion:

• Remove any member profile (including photographs or chat room postings) or other material that, in our sole discretion may be inappropriate or we suspect to be illegal, subject us to liability or which may violate these Terms of Access and Use or where required to do so by law;
• Issue members with verbal or written warnings and may take such further action as we deem appropriate if such warnings are not heeded;
• Suspend or terminate a member's access to the members' area of the Web Site or a member's account without notice at any time;
• Inform the appropriate authorities and provide them with information regarding any suspected illegal activity; or bring legal action against a member or other user of the Web Site in relation to any breach of these Terms of Access and Use or any illegal or suspected illegal activity.

8. GOOD SAMARITAN CONTENT AND COMPLAINT PROCEDURES POLICY

1. Policy. We have provided opportunities for you to contribute Content to our Web Site. It is our policy, however, not to allow any Content which may constitute intellectual property infringement; violations of federal, state, or local law; obscene or defamatory material, or may otherwise be unacceptable or inappropriate. Upon learning of such Content, we will attempt, and you hereby give the Web Site the right, to delete, edit, remove, disable, change, or restrict access to or the availability of the Content, which in our sole discretion, is otherwise unacceptable or objectionable. We may or may not notify you about what action we take with respect to the disputed Content. The provisions of this section are intended to implement this policy but are not in any way intended to impose a contractual obligation upon us to undertake, or refrain from undertaking, any particular course of conduct.
2. Complaint Procedures. If you believe that another user or other third party has posted Content which violates this policy or specifically the USE RESTRICTIONS in Section 1 above, you may notify the Web Site via e-mail at [email protected]. In order to allow the Web Site to respond effectively, please provide the Web Site with as much information as possible in your e-mail or correspondence, including: (1) the nature of the right infringed or violated (including any applicable registration numbers of the federally-registered intellectual property allegedly infringed), if applicable, or the unacceptable or inappropriate Content; (2) all facts which lead you to believe that a right has been violated or infringed, if applicable; (3) the precise location where the offending Content is located; (4) any grounds to believe that the party or user which posted the Content was not authorized to do so or did not have a valid defense (including the defense of fair use), if applicable; (5) if known, the identity of the party or user who posted the infringing, offending, or inappropriate Content; and (6) in the case of alleged copyright infringement claims, information sufficient to identify the work and your claims to ownership.
3. Indemnification/Waiver of Certain Rights. By contacting the Web Site and complaining of an alleged violation, you agree that the substance of your complaint shall constitute a representation made under the pains and penalties of perjury pursuant to the laws of the state of Florida. In addition, you agree, at your own expense, to defend and indemnify the Web Site and hold the Web Site harmless against all claims which may be asserted against the Web Site, and all losses incurred, as a result of your complaint and/or our response to it.
4. Waiver of Claims and Remedies. We expect all users of our Web Site to take responsibility for their own actions and cannot and do not assume liability for any acts of third parties which take place at our Web Site. By utilizing the Good Samaritan procedures set forth herein, YOU WAIVE ANY AND ALL CLAIMS OR REMEDIES WHICH YOU MIGHT OTHERWISE BE ABLE TO ASSERT AGAINST THE Web Site UNDER ANY THEORY OF LAW (INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY LAWS) THAT ARISE OUT OF OR RELATE IN ANY WAY TO THE CONTENT AT THIS Web Site OR OUR RESPONSE, OR FAILURE TO RESPOND, TO A COMPLAINT.
5. Investigation/Liability Limitation. You agree that we have the right, but not the obligation, to investigate any complaint received. By reserving this right, we do not undertake any responsibility in fact to investigate complaints or to remove, edit, disable or restrict access to or the availability of Content. We will not act on complaints that we believe, in our sole discretion, to be deficient, incomplete, or otherwise questionable. If you believe that Content remains on this Web Site which violates your rights, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE AGAINST THE USER OR OTHER PARTY RESPONSIBLE FOR SAID CONTENT, NOT AGAINST THE Web Site. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST THE Web Site SHALL BE TO TERMINATE YOUR USE OF THIS Web Site AND SERVICE.

Digital Millennium Copyright Act Compliance. As set forth in Subsection (b), you must contact us if you believe that a work protected by a U.S. Copyright which you own has been posted on our Web Site without authorization or that our Web Site, in some material way, contributes to its infringement. It is our policy in appropriate circumstances, if possible, to terminate the access rights of repeat infringers and other users who use this Web Site in an inappropriate or objectionable manner.

9. COOPERATION WITH LAW ENFORCEMENT

The Web Site reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing the Web Site to disclose the identity or other information regarding any user or member alleged by any governmental entity to be using the Web Site or any Content or materials available in, at, through or in association with the Web Site in violation of any law or regulation, or in violation of this Agreement, including, without limitation, the posting of e-mail messages, or publishing or otherwise making available any such materials. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS THE Web Site FROM ANY CLAIMS RESULTING FROM ANY ACTION BY THE Web Site DURING, OR AS A RESULT OF, ITS INVESTIGATIONS, AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE Web Site OR LAW ENFORCEMENT AUTHORITIES