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Terms of Use

Welcome to KissMyApps.ca (“KissMyApps”). You may not use KissMyApps unless you agree to abide by the following terms.

BY USING OR BY SIGNING UP TO USE KISSMYAPPS:

  • YOU SIGNIFY THAT YOU AGREE TO THESE TERMS AND CONDITIONS (“Terms of Use”);
  • YOU CONSENT TO THE INFORMATION PRACTICES OF THE KISSMYAPPS PRIVACY POLICY; AND
  • YOU AGREE TO RECEIVE NOTICES AND TERMS FROM US ELECTRONICALLY.

If you do not agree, do not use KissMyApps.

1. CHANGES TO THE TERMS OF USE.

We may change these Terms of Use at any time. You can review the most current version of these terms by clicking on the “Terms of Use” hypertext link located at the bottom of our homepage. If we make changes, you are bound by the new terms if you continue to use KissMyApps.

2. ABOUT THE SERVICE; REGISTRATION

KissMyApps is intended for general audiences. If you sign up to use any of KissMyApps, you agree to provide accurate information about you. You must keep this information up to date. You must be legally competent to enter into contracts. Some areas on KissMyApps may contain information and topics intended for a mature audiences, which may not be suitable for children, young teenagers or to some adults. You acknowledge that you review such areas and information at your own risk. You must be at least 18 years of age to access areas for mature audiences. You agree that we may, but we have no obligation, to take reasonable steps to regulate access to any area on KissMyApps that may be intended for mature audiences only.

3. ADDITIONAL TERMS.

If we offer features and sites where you can upload or download files, you agree that these features may be subject to supplemental rules that will be binding on you.

4. ELECTRONIC DELIVERY POLICY AND YOUR CONSENT.

You give us consent to provide you with required notices, agreements and information concerning KissMyApps electronically. We will provide you our notices either by sending them to the e-mail address that you give to us or by posting the notices on the home page of the relevant web page of the applicable service. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of KissMyApps.

5. PRIVACY POLICY.

The KissMyApps Privacy Policy explains the practices that apply to your information when you use our Services. Your ongoing use of the Services signifies your consent to the Privacy Policy. You can review the Privacy Policy by clicking on the “Privacy Policy” link located on the home page of KissMyApps.

6. CHANGES

We may discontinue or change any service or feature on KissMyApps at any time and without notice.

7. ACCESS COSTS.

You must provide at your own expense the equipment and Internet connections that you will need to access KissMyApps. If you use a telephone line for access, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location. Also, wireless, data or text messaging charges apply if you access KissMyApps through wireless applications (e.g., cell phones). Check with your carrier to verify whether there are any such fees that may apply to you.

8. YOUR RESPONSIBILITIES.

You may use KissMyApps for lawful purposes only. You may not engage in any conduct that:

  • violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, obscene, pornographic, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
  • victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • impersonates any person, licensed professional, business or entity, including our employees and agents;
  • contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
  • encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
  • offers, promotes or encourages betting or wagering prohibited by law;
  • violates these Terms of Use, guidelines or any policy posted on our services, or
  • interferes with the use of our Services by others;
  • causes damage or impairs our servers or network;
  • interferes with any other party’s use and enjoyment of our Services; or
  • attempts to gain unauthorized access to our services, user accounts, computer systems or networks.

We may take any legal, disciplinary and technical remedies to prevent the violation of these Terms of Use.

9. NO SPAM.

You may not transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages) through KissMyApps. You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use our KissMyApps to violate the terms of this section. We may terminate immediately your access to KissMyApps and take any other legal action if you, or anyone using your access to KissMyApps, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining with in our computer or communications networks.

10. CONTENT AND PROPRIETARY RIGHTS.

We, our suppliers, and our users who lawfully post text, messages, information, software, images, audio and video (“Content”) on KissMyApps own the property rights to that Content. The Content is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights. For example, we own a copyright in the selection, organization, arrangement, and enhancement of the Content, as well as in our original Content. The look and feel of our color combinations, button shapes, and other graphical elements on KissMyApps are our trademarks. You acknowledge that KissMyApps do not give or purport to give medical, legal, financial or other professional advice. Your use of any information from KissMyApps is at your own risk.

11. LICENSE TO USE KISSMYAPPS.

You may use KissMyApps only for personal, non-commercial purposes. You may use Content offered for downloading, such as photos and music, for personal use only and subject to the rules that accompany that particular Content. You may not use the Content in a manner that exceeds the rights granted for your use of the Content. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of our Services or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content. Contact us for information on how you can request permission to reproduce certain Content from KissMyApps.

12. CONTENT YOU POST TO PUBLIC AREAS.

Certain areas of KissMyApps may allow you to post Content that can be accessed and viewed by others, including the public in general. You may only post Content to public areas on our Services that you created or that you have permission to post. You may not post Content that violates these Terms of Use. We do not claim ownership of any Content that you may post. However, by submitting Content to public areas of our Services, you grant us, our parent, affiliates, and distributors the right to use, copy, display, perform, distribute, adapt and promote this Content in any medium.

13. NO DUTY TO MONITOR.

You agree that we are not liable for Content that is provided by others. We have no duty to pre-screen Content, but we have the right to refuse to post or to edit submitted Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material.

14. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.

We respect the intellectual property of others. If you believe that your work has been copied and is accessible on KissMyApps in a way that constitutes copyright infringement, please contact us to report possible copyright infringement.

15. THIRD PARTY SITES; ADVERTISERS.

KissMyApps may include links to third party websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third party sites or services. We are not responsible or liable for any Content or other materials on these third party sites. Any dealings that you have with advertisers found on KissMyApps are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.

16. USE OF SOFTWARE.

We may make software available for you to download or use. Such software will be subject to the terms of the license agreement that accompanies it. If there is no license agreement presented to you with the software, then the following license, in addition to the other terms of these Terms of Use govern your use of such software. We grant you a personal, non-exclusive, non-transferable, limited license to install the software on any single computer. The software is protected by copyright and other intellectual property laws and treaties and is owned by us or our suppliers. You may not sell or redistribute the software. You may not incorporate it or any portion of it into another product. You may not reverse engineer, decompile, or disassemble the software or otherwise attempt to derive the source code (except where expressly permitted by law). You may not modify, adapt, or create derivative works from the software in any way or remove proprietary notices in the software. You agree to abide by all laws and regulations in effect regarding your use of the software. You may not authorize or assist any third party to do any of the things prohibited in this paragraph.

We may automatically check your version of the software and update it to improve its performance and capabilities. If you shut down the software during an automatic update or otherwise interfere with the installation of the update, the software may be damaged and/or cease to operate.

You agree to fully comply with all import and export laws, regulations, rules and orders of the Canada, or any foreign government agency or authority, and that you will not directly or indirectly export, re-export, transfer and/or release the software, related technology, or any product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from Canada and/or foreign government. You bear responsibility for and assume all expenses relating to your compliance with the described laws, regulations, rules and orders, and for obtaining all necessary authorizations and clearances. You further agree to assume responsibility for and bear all expenses relating to your compliance with the described laws, regulations, rules and orders, and obtaining all necessary authorizations and clearances.

17. DISCLAIMER OF WARRANTIES.

We provide KissMyApps “as is”, “with all faults” and “as available.” We and our suppliers make no express warranties or guarantees about the Services. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES AND ALL SOFTWARE, CONTENT AND SERVICES DISTRIBUTED THROUGH KISSMYAPPS ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT KISSMYAPPS WILL MEET YOUR REQUIREMENTS, ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF KISSMYAPPS, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS KISSMYAPPS (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY OF OUR REPRESENTATIVES SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change.

18. LIMITATION OF LIABILITY.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF KISSMYAPPS. IN NO EVENT SHALL OUR LIABILITY AND OUR SUPPLIERS FOR ANY AND ALL CLAIMS RELATING TO THE USE OF KISSMYAPPS EXCEED THE TOTAL AMOUNT OF SERVICE FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.

WE AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON KISSMYAPPS. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

19. INDEMNIFICATION.

Upon a request by us, you agree to defend, indemnify, and hold harmless us and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of the Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

20. INTERNATIONAL USE.

We make no representation that Content on KissMyApps is appropriate or available for use in locations outside Canada, and accessing it from territories where the Content is illegal is prohibited. If you choose to access KissMyApps from a location outside the Canada, you do so on your own initiative and you are responsible for compliance with local laws.

21. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES.

You agree that Canadian laws govern this contract and any claim or dispute that you may have against us and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in Toronto, Ontario and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, MUNICIPAL,PROVINCIAL OR FEDERAL COURTS IN TORONTO, ONTARIO, CANADA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN TORONTO, ONTARIO, CANADA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

22. SEVERABILITY AND INTEGRATION.

This contract and any supplemental terms, policies, rules and guidelines posted on KissMyApps constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

23. TERMINATION.

Your right to use our Services automatically terminates if you violate these Terms of Use or any rules or guidelines posted in connection with KissMyApps. We also reserve the right, in our sole discretion, to terminate your access to all or part ofKissMyApps, for any reason, with or without notice.